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HomeMy WebLinkAbout12-3137P. Richard Wagner, Esquire PA Supreme Court I.D. #23103 Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax (717) 234-7080 Attorney for Plaintiff STEPHAN K. SMITH, V. DONIA PARSON, f >:> CO (.? !c, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, NO: J ' 313 c? Y 1 : CIVIL ACTION - LAW Defendant. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, PA 17013 (Q F d °? (717) 249-3166 /S Y673 4: ?- -7 r 66 NOTICIA Les han demandado a usted en la corte. Se usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archhivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en conra de su persona. Sea avisado qui si usted no soe defiende, la corte tomara mmedidas y purde entrar una orden contra usted sin previo aviso o notoficacion y pro cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDO A UN ABODAGO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL D1NERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICIAN CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, PA 17013 (717) 249-3166 P. Richard Wagner, Esquire I.D. #23103 Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7051 Fax: (717) 234-7080 Attorney For Plaintiff STEPHAN K. SMITH, Plaintiff, V.. DONIA PARSON, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 313 "7 C '? .I f C ?'Zt CIVIL ACTION - LAW IN EQUITY - PARTITION OF REAL PROPERTY COMPLAINT PARTITION OF REAL PROPERTY AND NOW, comes the Plaintiff, Stephan K. Smith, by and through his attorneys, Mancke, Wagner & Spreha, and files the following Partition of Real Property: 1. Plaintiff, Stephan K. Smith, is an adult individual residing at 94 Naugle Road, Shippensburg, Cumberland County, Pennsylvania. 2. The Defendant, Donia Parson, is an adult individual having as an address 100 Ickes Lane, Newville, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are owners of a tract of property situate in Upper Mifflin Township, Cumberland County, Pennsylvania, more particularly described in a Deed dated the 29`' day of September, 2006, recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 276, Page 4814. A copy of said Deed is attached hereto, incorporated herein by reference, made a part hereof, and marked as Exhibit A. 4. Plaintiff and Defendant are owners of the property as joint tenants with the right of survivorship, each owning fifty (50%) percent of the property. 5. The property is more particularly described as containing approximately 11.1717 acres of property, and recorded as indicated in Deed Book 276, Page 4814. 6. Plaintiff believes and therefore avers that the Court should partition said property by directing a sale of the same in that Plaintiff does not believe the property can be divided into purparts without spoiling the whole. WHEREFORE, Plaintiff prays this Court to direct a partition of the property and enter an Order as deemed appropriate per Pennsylvania Rules of Civil Procedure, Rule 1558. Respectfully Submitted, r Attorney for Plaintiff Date: 17 -2- 2233 North Front Street Harrisburg, PA 17110 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, :relating to unsworn falsification to authorities. Date: Y' ?' " / Z L9 ?.i.,9i r?T P. 2iEGl Efi RECORDER. OF DEED: ??? ? +?= 9 NDCOUNT'i-a 13 BPI 1130 MADE the X9 day of 4AOhlt in the year two thousand six (2006) BETWEEN CHARLES E. GROFF, single man, of Loysville, Perry County, Pennsylvania, Grantor AND A 50 STEPgN K. SMITH and DONIA PARSON, of Shippensburg, Pennsylvania, joint tenants with right of survivorship, Grantees WITNESSETH, That in consideration of ONE HUNDRED SEVENTY THOUSAND AND 00/100 (5170,000.00)----- ----------- ----- ------ ------ ----------------- ---------- ---Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said grantor does hereby grant and convey to the said grantees, their heirs and assigns, as joint tenants with right of survivorship, ALL the following described real estate lying in and being situate in Upper Mifflin Township, Cumberland County, Pennsylvania, bounded and limited as follows: BEGINNING at a post stub in S. R. 997 (Cumberland Highway) at comer of lands now or formerly of Russell Baer as shown on a plan of lots hereinafter referred to; thence through said S. R. 997 (Cumberland Highway), North 22 degrees 42 minutes 53 seconds East, 330.63 feet to a post at corner of Lot No. 1 on said plan; thence by said Lot No. 1, South 50 degrees 55 minutes 25 seconds East, 30.27 feet to an existing railroad spike; thence by said Lot No. 1 and through an existing private 50-foot right-of-way and through 2 existing railroad spikes on line, North 43 degrees 50 minutes 09 seconds East, 132.28 feet to an existing railroad spike; thence continuing through said existing private 50-foot right-of-way and by Lot No. 2 on said plan and through an existing railroad spike on line, North 44 degrees 45 minutes 05 seconds East, 122.71 feet to an existing railraod spike; thence by said Lot No. 2 and Lot No. 16 on said plan and through a railroad spike on line, North 52 degrees 24 minutes 54 seconds East, 137.62 feet to a railroad spike; thence continuing by said Lot No. 16, North 66 degrees 33 minutes 34 seconds East, 35.29 feet to a railroad spike at comer of Lot No. 20 on said plan; thence by said Lot No. 20, North 75 degrees 13 minutes 47 seconds East, 61.11 feet to a railroad spike; thence by same, North 86 degrees 50 minutes 14 seconds East, 82.18 feet to a railroad spike; thence by same, South 86 degrees 04 minutes 09 seconds East, 209.47 feet to a railroad spike; thence by same, North 84 degrees 17 minutes 26 seconds East, 145.03 feet to an existing railroad spike at comer common to Lot No. 20, lands now or formerly of J. Elton Clevenger, lands now or formerly of Joe L. Ickes and the lot hereby conveyed; thence by said lands now or formerly of Joe L. Ickes and lands now or formerly of Charles E. Groff and through an iron pin on line, South 26 degrees 25 minutes 46 seconds West, 1,046.90 feet to a post at comer of lands now or formerly of Russell Baer; thence by the latter and through an iron pin on line, North 54 degrees 53 minutes 29 seconds West, 610.05 feet to a post stub in S. R. 997 (Cumberland Highway) at comer of lands row or formerly of Russell Baer, the place of beginning. (continued) eoox 276 PnASA EXHIBIT X3/30/2012 9:49:16 AM CUMBERLAND COUNTY Inst.# 200636163 - Page 1 of 3 BEING Lot No. 21 AND CONTAINING 11.1717 acres as per s: rvey entitled "Land Subdivision for Martin L. Weller, Upper Mifflin Twp., Cumberland Co.", prepared by Byers & Runyon Surveying, dr. ? C,," ', ::,, " , I ? , _ P approvals is re ?. iii .' _... i gook 63, Page 146. AND BEING the same premises conveyed by deed of Martin L. Weller and Diana M. Weller, his wife, dated December 30, 1996 and recorded January 13,1997 in Cumberland County Deed Book 151, Page 1019, to Charles E. Groff and Helen M. Groff, his wife. The said Helen M. Groff died December 6, 2002, thereby vesting full title to the within described premises in Charles E. Groff, grantor herein. This conveyance is made subject to a fifty (50) foot wide right-of-way extending from Legislative Route 944 along the property being granted herein 250 feet to land now or formerly of Donald L. Groff and Darlene B. Groff, said easement and right-of-way more specifically set forth in that certain deed of easement and right-of-way dated March 26, 2002 and recorded March 27, 2002 in Cumberland County Miscellaneous Book 685, Page 4251, which also sets forth an Agreement for the maintenance of said right-of-way. The above described real estate is conveyed UNDER AND SUBJECT to the following conditions, restrictions, reservations, rights-of-way and easements upon its use and as may appear on the above-recited survey: 1. No junk or derelict automobile(s) shall be parked or kept upon the real estate hereby conveyed, unless the same be within a garage. 2. No paper, trash, or refuse shall be allowed to accumulate upon the real estate hereby conveyed. 3. Within six (6) months after a mobile home is placed on said real estate, it shall be completely enclosed around the base with skating of a like material as that of the mobile home or masonry form. 4. No more than one single mobile home nor more than one double mobile home may be placed upon the above described real estate, or unless the above described real estate is subdivided such as to allow a single mobile home or double mobile home on the real estate as conforms with Township rules and regulations. 5. Any outbuilding, garage or utility shed erected upon the above described real estate shall be of a finished material, such as new aluminum or vinyl siding, brick, wood siding (stained or painted), and new concrete blocks (no used materials such as block, tin, or anything of a like kind shall be premitted). 6. Unless otherwise detailed on subdivison plan recited above, developers, Martin L. Weller and Diana M. Weller, his wife, reserve for themselves, their heirs, executors, successors and assigns, an easement ten (10) feet in width along all boundary lines for drainage purposes and for the purpose of erecting, constructing and maintaining electric, telephone or other utilities above or below the surface of the ground. 7. No breeding or training kennel for dogs or cats or dog or cat shelters shall be kept or maintained upon this lot. 8. No livestock of any kind (except as hereinafter provided), including cattle, sheep, hogs, goats, horses, poultry, and rabbits shall be kept on the real estate hereby conveyed. However, a lot containing three or more acres shall be permitted to have livestock; that is, one animal per acre. Poultry shall also be permitted, with a maximum of 25 birds regardless of acreage. 9. Lot No. 21 (the subject real estate) may be permitted to have more than one animal per acre for pasturing and grazing of animals only and for no other purpose. If said lot is reduced in size by subdivision, then the owner of said lot shall comply with the restrictions as set forth in paragraph 8 above. (continued) ibbi 276 la E48i5 03130/2012 9:49:16 AM CUMBERLAND COUNTY Inst.# 200636163 - Page 2 of 3 1Q. " u- successors and <i; • ; .._; :"abile home (single or double) or building plcn and the smc? •cl: and plac?;racaft of tho struciure on the above described real estate. AND the said grantor will specially WARRANT AND FOREVER DEFEND the property hereby conveyed, IN WITNESS WHEREOF, said grantor has hereunto set his hand and seal , the day and year first above written. Z s livered in the presence of ,? ('. (SEAL) Charles E. Groff CERTIFICATE OF RESIDENCE I hereby certify that the precise residence of the grantees herein is as follows: /O o .=e -es ?Ar,.e Q* 17-71V1 On this, the ay day of j?4-l er 2006, before me, the undersigned officer, personally appeared Charles E. Groff Commonwealth of Pennsylvania ) SS: County of 4/t/b/ ) ]mown to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. _r w? M 4b LJN Oro O{O? .+ b O O 0 0 0 b 0 0 0 0 0 0 y C ;11 " ' ," `col I m i! Cky of Efthshro. CW* of Pe" My CommWeion Ev ns Febru" 12, 2010 r r T s r-t N c • l •' V ? i c ,r i e ftS a' w l ? yR5 2?? ?C?^ Y? --4 f-4 n • ?? .y u :Y ? ;:i .m o ? • y w pppp N d M 11b 0 666K 276 PAcF48j6 s 03/30/2012 9:49:16 AM CUMBERLAND COUNTY Inst.# 200636163 - Page 3 of 3 zE?CnCE OF r) EEC, U -.Y 2aflS 0 C T 3 flM 11 30 [Space Above This Line For Recording Data] d3--py//-D?/ MORTGAGE NHN: 100029500013108653 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated September 29, 2006 , together with all Riders to this document. (B) Borrower" is STEPHAN K. SMITH and DONIA PARSON Borrower is the mortgagor tender this Security Instrument. (C) 'MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS its the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, to], (888) 679-MERS. (D) "Lender" is Taylor, Bean & Whitaker Mortgage Corp. Lender is a organized and existing under the laws of FL Lender's address is 1417 North Magnolia Ave, Ocala, FL 34475 (E) "Note" means the promissory note signed by Borrower and dated September 29, 2006 . The Note states that Borrower owes Lender One Hundred Fifty Throe Thousand and no/100 Dollars (U.S. $153,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than October 01, 2036 (F) "Property" means the property that is described below tinder the heading "Transfer of Rights in the Property.,. (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. PENNSYLVANIA--Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 30391/01 OREATIAND ¦ REM T276MI (0011 } -MRS (Page l of 16 pages) To Order GeV, 1-806 530-B3Ba 0 Fmc 06-791-1131 not, •0210961310865' I968PGO674., 13/30/2012 9:50:19 AM CUMBERLAND COUNTY Instl 200636164 - Page 1 of 18 (H) '%Iders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ? Adjustable Rate Rider ? Condominium Rider ? Second Horne Rider ? Balloon Rider ? Planned Unit Development Rider ? Other(s) [specify] ? 1-4 Family Rider ? Biweekly Payment Rider (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and ordefs (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues, Tees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (%) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sate transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (Nn "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for. (i) damage to, or destruction of., the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) 'TMPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a PENNSYLVANIA-Single Fancily-ranW.- MaefFreddte Mac UNIFORM IMTRUMENT Foram 30.191/01 OREATLAND d ITEM 72780L2(0011)- RS (Page 2 of 16 pages) 7o0rder Gt 1-800-53 0-9393Orac:616-781-1131 I grnp bay U:. J )3130/2012 9:50:19 AM CUMBERLAND COUNTY Inst.# 200636164 - Page 2 of 18 "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor In Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender. (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MFRS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MFRS the following described property located in the County [Type of Recording.hris&ctionl of CUMBERLAND [Name of Reoording Jurisdiction) See Attached Exhibit A. which currently has the address of 100 ICKES LANE' [Shoe] NEWVILLE , Pennsylvania 17241 ("Property Address': [City) [Zip Code) TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not Invited 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. 1`ENNSYLVAr,9A--Sing1e Family-F:.e;tate H2mffte dle Mae UNWORM Qat TRUMENT Form 3039 1/01 GREATLANO 01 rrEIA rZ76OL3 (W1)--#MR$ (Page 3 of 16 pages) To order Cal: 1-8W53D-9M El Fax 816-701 -1131 t968PGO676 J3/30/2012 9:50:19 AM CUMBERLAND COUNTY Inst.# 200636164 - Page 3 of 18 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment 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 due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender. (a) cash; (b) money order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lander 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. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unappliod funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such 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 Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied 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 became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, thep"ent may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment 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 r;LNNSYLVANIA--Siogic Fatuity-Fannie @,Ue/Freddle MlacUNIFORM INSTRUMENT Form 39.39 1/01 GREATLAND ¦ REM. T2760L4 (0071)- VERB (Page 4 of 16 pages) to Order Cal: 1-600330.939313 fat 616-791-1131 7?a t 4n f9nr?11 P•9 1 03/30/2012 9:50:19 AM CUMBERLAND COUNTY Inst.* 200636164 - Page 4 of 18 Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance 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. Fends for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds' to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Item." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the lands for any or all Escrow Items. Lender may waive Borrowei s obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay dirteJy, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, B ormwer shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. 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 Lender 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, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Leander shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to PENNSYLVANIA---Single Family--Fawk Mm fflreddte Mac UNIFORM INSTRUMENT Farm 30391/01 GREATLAND ¦ rrEM 72780(5 (0011)-? Rg (Page 5 of 16 pages) To Order Cafl' 1.800.530-9393 0 Fox 516-791-1131 ;3/30/2012 9:50:19 AM CUMBERLAND COUNTY Inst.# 200636164 - Page 5 of 18 Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as requited by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, bud in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground refits 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 Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which 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 term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to. Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either. (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a ono-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These 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. PENNSYLVANIA--Single Family-Fannie MlatTreddle Mee UNIFORM INSTRUMENT Form 3039, U01 GREATLAND ¦ rrEM T27ssl.s (OOt 1)-.IMERs (Page 6 of 16 pages) To arum cal:1-eoo-s30-M O fix 816.791-1131 PG /- `r 03/30/2012 9:50:19 AM CUMBERLAND COUNTY Inst.# 200636164 - Page 6 of 18 All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to 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 Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance 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 shall be undertaken promptly. Lender may disburse proceeds far the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such 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 insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's 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 arse beyond Borrower's control. 7. Preservatlon, Madnteuance 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 condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to 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 PENNSYLVANIA- Si iLdc Family-Famde Maefflmdde Mac UWORM INSTRUMENT Form 30391191 MEM 727eoV 001 caExluwO ¦ ( )-.uEas (Page 7 of 16 page.t) To erne ar: 14oo-530-9393 o we e16a91a131 b 3 6r-13U0.t 13/3012012 9:50:19 AM CUMBERLAND COUNTY Inst.# 200636164 - Page 7 of 18 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 the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. S. Borrower's Loan Appilkation. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest In the Property and Rights Under this Security Instrument. 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, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Leander under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance 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 premiums required 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 selected 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 insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non- refundable loss reserve in lieu of Mortgage Insurance. Stich loss reserve shall be non-refundable, FENNISYLVANIA-wSingle Feunily-Famle MavTreddle r&c UNIFORM INMUMENr Form 3839 t/til REM 7270018 (0011 }-MEHS (Pager 8 of 16 Pagers) To Order Call: 1-800-530.093 o Fu 6515 7LOAl-111 3al 6 PG058 , 3/30/2012 9:50:19 AM CUMBERLAND COUNTY Instl 200636164 - Page 8 of 18 notwithstanding the fact that the Loan is ultimately paid in full, 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 Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums 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 written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the 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 from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of tho Note, another insurer, any reinsurer, 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 agreements will not Increase the amount Borrower wM owe for Mortgage Insurance, and they wffl not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has-if any-with respect to the Mortgage Lnsarance under the Homeowners Protection Act of 1995 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 term6rated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termloatlon. 11. Assignment of Mieootlameous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be, paid to Lender. If the Property is damaged, such Miscellaneous Proceeds 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 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 shall 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 requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the F ENNMVANIA-Single Family-Faunle Mse)Freddie Mac UNIFORM INSTRUMENT Form 3039 1f01 oREATIANO ¦ MR A T27MA (0011)--AIRS (Page 9 of 16 pages) To Order Got: 14O&VO-0 W W ex, 618-741-1131 € 1968P6- 06 2" ;3!30/2012 9:50:19 AM CUMBERLAND COUNTY Inst.# 200636164 - Page 9 of 18 excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the 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 Security Instrument immediately 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 Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured intruediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be 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 leas than the amount of the sums 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 Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offer; to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be 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 under this Security 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. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secru-ed by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forfiearance 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. PFNNMVANIA-Single Family-Fanmre Mae/Freddie Mae UNIFORM INSTRUMENT Form 3039 VOI REM r27SM10(0011}-HERS (Page /0 of 16 pages) To ororr cat I-NO-ssa9tatar«° 616- a 3PGO683 )3/30/2012 9:50:19 AM CUMBERLAND COUNTY inst.# 200636164 - Page 10 of 18 13. Joint and Several Liability; Co-s%neis; Successors and Assigns Boned. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer'): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this 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 Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Propcaty and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loamy charges, and that law is finally interpreted so that the interest or other. loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers 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. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by fast class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; SeverabUity; Risks of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of PENNSYLVANIA---Singlc Family-Facade 1lfae/Fteddte Mae UNUrORM INSTRUMENT Form 30391/0] GWAlLAND ¦ ITEM T276OL1r (00t1)--HERB (Page II of 16 pages) To Ober Calla-WO-5369393 OFpx, 616-781.1131 0R Pfl6$ X3/30/2012 9:50:19 AM CUMBERLAND COUNTY Inst.# 200636164 - Page 11 of 18 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 Instrument 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 feminine gender, (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Benefhdal Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies pennitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) 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 agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, 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 Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender. (a) cash; (b) money order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servlcer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A We might result in a change in the entity (known as the "Loan Service-TI) that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mne UNIFORM INSTRUMENT Form 3039 U01 REM T27WL12 (0011) --MERE (Page ! 2 of 16 pages) To order car: I -WO-530-OW 0 For. ?6ts?i011--?i1i31 BU 968PGO685 13/3012012 9:50:19 AM CUMBERLAND COUNTY Inst.# 200636164 - Page 12 of 18 obligations under the Now, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requites in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer 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 arises 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 Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged 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 deemed to be reasonable for purposes of this panigraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, 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 Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. PENNSYLVANIA--Single Farn ly-Faimle Mae/Freddle Mac UNIFORM INSTRUMENT Form 3039 Vol 1TEFA T270a13 (0017)--iNEFtf: O?'TLµ? • (Page 13 of l6 pages) To Order Cal; l-aw-srp G3 E3 Fa: SIBa91-1131 60PG0686 03/30/2012 9:50:19 AM CUMBERLAND COUNTY Inst.* 200636164 - Page 13 of 18 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement In this Security Instrument (fart not prior to acceleration under Section 18 unless Applicabk Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the de6nk; (c) when the defbult must be cured; and (d) that Were to care the defbult as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by,lad W proceeding and sale of the Property. Lender shall further Inform Borrower of the right to retndate after acceleration and the right to assert In the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure, it the default Is not cured as specified, Lender at its option may require immediate payment in flull of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by Judicial proceedtna. Lender shall be entitled to collect all expenses incurred in parsuhog the remedies provided In this Section 22, Including, but not limited to, attorneys' tees and costs of tide evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but 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. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs 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 title 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. PENNSYLVANIA.--Single Family-Fa®k Mae/Fatddk Mac UNIFORM INSTRUMENT Form 30.191*1 GREATUIND ¦ ITEW T276OL14 (0011}--HERS (Page 14 of 16 pages) To Ordu Cal: 1.606.5169393 O Ffc 616.721-1131 13/30/2012 9:50:19 AM CUMBERLAND COUNTY Inst.# 200636164 - Page 14 of 18 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenan i pages 1 through 16 of this Security Instrument and in any hider executed by Borrower an v ' Seal ONIA PARSON -Borrows N K. H -Borrower - (Seal) (Seal) Borrower -Borrower '3/30/2012 9:50:19 AM (Seal) (Seal) -Borrower -Borrower Litn ? W'tn s: ? /? ?. V b11 N/W/ , 'o?C'2' FBNNMVANIA-Single Family-Fannie MarJFreddle Mae UNIFORM INMUMENT Form 9039 3163 REM 72780!.15 poll)--aIERS (Page IS of 16 pag<s) Ta Order ge: I-WO-53UY3M O Fc O1rn791 113 OIL' 1968 PC CUMBERLAND COUNTY Inst.# 200636164 - Page 15 of 18 State of Pennsylvania County of Cumberland On this the 29th day of September, 2006 , before me, Nancy J. Turner the undersigned officer, personally appeared Stephan K. Smith and Donis, Parson known to me (or satisfactorily proved) to be the person(s) whose name(s) subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and offi' seal. COMMONWEALTH OF PENNSYLVANIA Notary Public NOTARIAL SEAL Tiue of Offimr NANCY J. TURNER, Notary Public Carroll TWP., Perry County My Commission was January 5, 2010 My commission expires: After Recording Return To: ABSTRACT AMERICA REAL ESTATE SETTLEMENT SOLUTIONS, INC. 66 KEN MAR DRIVE SHERMANS DALE , PA 17090 CERTIFICATE OFRESEDENCE I, Nancy J. Turner do hereby certify that the correct address of the within named lender is 1417 North Magnolia Ave, Ocala, FL 34476 Witness my hand this 29th day of September, 2006 I Certify this to be recorded Agent of Lander In Cumberland County PA. PIENN9YLVANIA- Singlamk MadFr eddte Mac UN FORM INSTRUMENT Form 30391/01 0 oREaTUwo ¦ o nEM T276oL16 (0011) PEERS (Page 16 of 16 pages) To Order Cat: 140O-5309393 0 Fu616791•11 s1 Recorder of Deeds )3/30/2012 9:50:19 AM CUMBERLAND COUNTY inst.# 200636164 - Page 16 of 18 MANUFACTURED HOME RIDER STATE OF PA ) ) Ss: COUNTY OF CUMBERLAND LOAN NUMBER: 13111865 This Manufactured Home Rider is made on this day U41M 6 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the 'Security Instrument") of the same date, given by the undersigned (the'Bormwer") to secure Borrower's Note toTaylor, Bean & Whlteker Mor%Me Corp. (the 'Lender') of the same date and covering the Property described in the Security Instrument and located at: 100 ICKES LANE, NEWVILLE, PA 17241 Before me, the undersigned authority duly authorized to take acknowledgments and administer oaths personally appeared DONIA PARSON, STEPHAN K. SMITH ("Affiants') who, upon being duly sworn, depose and say as follows: Affiants hereby certify that, upon taking title to the property described above, they will do the following: The manufactured home will be permanently part of the real property that secures the Security Instrument executed on 9129106 All necessary documentation required will be supplied to perfect title in the Manufactured home. Manufactured Home is an improvement to the land and an immoveable fixture considered as real estate. 2. Affiants acknowledge that this Affidavit of Intent is given as a material inducement to cause Taylor. Bean & Whifiaker Morkme Corp. to make a mortgage loan to Affrants and that any false statements, misrepresentations or material omissions shall constitute a breach of the Affiant's obligation to Taylor, Bean & Whitaker ft%Lg a Corp. and that all the provisions of the mortgage indenture concerning default on the Promissory Note will thereupon be in full force and effect. 3. Affiants further acknowledge that it is a Federal crime punishable by fine or imprisonment or both, to knowingly make any false statements concerning any of the above facts as applicable under the provisions of Title 18, United States Code, Section 1001, et seq. 4. The agreem s and o contained herein shall survive the closing of the mortgage loan transaction. Date 5?1 Q o G Date Y dry State of Pennsylvania County of Cumberland Date Date Date Date COMMONWEALTH OF PENNSYLVAN-A NOTARIAL SEAL NANCY J. TURNER, Nosy, Pubk Carroll T Perry County my Commission Wn j 5, 2010 2006 The forgoing instrument was acknowledged before me this 29thday of Septemberby Stephan K. Smith and 119!1i% Parson who is personal#yknown tome or who has produced Drivers as 4 4 Y' ?ff/???.G /-l License .. T yr :313012012 9:50:19 AM CUMBERLAND COUNTY Instl 200636164 - Page 17 of 18 ALL THE FOLLOWING xc ?iis; d real iyi,.g? i? b??!a ? County, Commonwealth of Pennsylvania, bounded and limited as follower: BEGINNING at a post stub in S.R. 997 (Cumberland Highway) at comer of lands now or formerly of Russell Baer as shown on a plan of lots hereinafter referred to; thence through said S. R. 997 (Cumberland Highway) North twenty-two (22) degrees forty-two (42) minutes fifty-three (53) seconds East, three hundred thirty and sixty-three one hundredths (330.63) feet to a post at corner of Lot No. 1 on said plan; thence by said Lot No. 1, South fifty-(50) degrees fifty-five (55) minutes twenty-five (25) seconds East, thirty and twenty-seven one hundredths (30.27) feet to an exiting railroad spike; thence by said Lot No. 1 and through an existing private 50 foot right of way and through 2 existing railroad spikes on line, North forty-three (43) degrees fifty (50) minutes nine (09) seconds East, one hundred thirty-two and twenty-eight one hundredths (132.28) feet to an existing railroad spike; thence continuing through said existing private 50 foot right of way and by Lot No. 2 on said plan and through an existing railroad spike on line, North forty-four (44) degrees forty-five (45) minutes five (05) seconds East, one hundred twenty-two and seventy-one one hundredths (122.71) feet to an existing railroad spike; thence by said Lot No. 2 and Lot No. 16 on said plan and through a railroad spike on line, North fifty-two (52) degrees twenty-four (24) minutes fifty-four (54) seconds East, one hundred thirty-seven and sixty-two one hundredths (137.62) feet to a railroad spike; thence continuing by said Lot No. 16, North sixty-six (66) degrees thirty-three (33) minutes thirty-four (34) seconds East, thirty-five and twenty-nine one hundredths (35.29) feet to a railroad spike at comer of Lot No. 20 on said plan; thence by said Lot No. 20, North seventy-fire (75) degrees thirteen (13) minutes forty-seven (47) seconds East, sixty-one and eleven one hundredths (61.11) feet to a railroad spike; thence by same North eighty-six (86) degrees fifty (50) minutes fourteen (14) seconds East, eighty-two and eighteen one hundredths (82.18) feet to a railroad spike; thence by same, South eighty-six (86) degrees four (04) minutes nine (09) seconds East, two hundred nine and forty-seven one hundredths (209.47) feet to a railroad spike; thence by same, North eighty-four (84) degrees seventeen (17) minutes twenty-six (26) seconds East, one hundred forty-five and three one hundredths (145.03) feet to an existing railroad spike at comer common to Lot No. 20, lands now or formerly of J. Elton Clevenger, lands now or formerly of Joe L. Ickes and the lot hereby conveyed; thence by said lands now or formerly of Joe L. Ickes and lands of Charles E. Groff and through an iron pin on line, South twenty-six (26) degrees twenty-five (25) minutes forty-six (46) seconds West, one thousand forty-six and ninety one hundredths (1,046.90) feet to a post at comer of lands now or formerly of Russell Baer; thence by the latter and through an iron pin on line, North fifty-four (54) degrees fifty-three (53) twenty-nine (29) seconds West, six hundred ten and five one hundredths (610.05) feet to a post stub in S.R. 997 (Cumberland Highway) at comer of lands now or formerly of Russell Baer, the place of BEGINNING. BEING LOT NO. 21 as shown on survey entitled "Land Subdivision for Martin L. Weller, Upper Mifflin Township, Cumberland County", prepared by Byers & Runyon Surveying, dated October 18, 1991, with revision, which, together with the necessary municipal approvals, is recorded in the Cumberland County Recorder of Deeds Office in Cumberland County Plan Book 63, Page 146. CONTAINING 11.1717 acres. THIS conveyance is made subject to a fifty (50) foot wide right of way extending from Legislative Route 944 along the property being granted herein 250 feet to land now or formerly of Donald L. Groff and Darlene B. Groff, said easement and right of way more specifically set forth in that certain deed of easement and right of way dated March 26, 2002 and recorded March 27, 2002 in Cumberland County Misc. 685, Page 4251, which also sets forth in an Agreement for the maintenance of said right of way. UNDER AND SUBJECT to to the conditions, restrictions, reservations, rights of way and easements upon its use and as may appear on survey recorded in Cumberland County Plan book 63, Page 146_ BEING THE SAME PREMISES which Martin L. Weller and Diana M. Weller, husband and wife, by deed dated December 30, 1996 recorded January 13, 1997 in the Cumberland County Recorder of Deeds Office in Deed Boole 151, Page 1019, granted and conveyed unto Charles E. Groff and Helen M. Groff, husband and wife. AND Helen M. Groff, died December 6, 2002, whereby property vested unto Charles E. Groff by right of survivorship. ;3/30/2012 9:50:19 AM (03- 3084.t'FD/06-,Q03i,1Xt) CUMBERLAND COUNTY Instl 200636164 - Page 18 of 18 ? BAYLEY & MANGAN Mark F. Bayley, Esquire 2 Attorney I.D. #: 87663 3 ^ r 2 Pry 3: t_ 17 West South Street Carlisle, PA 17013 pD'NSYLY dt '.; (717) 241-2446 STEPHAN K. SMITH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 12-3137 DONIA PARSON, CIVIL ACTION -LAW Defendant PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Donia Parson, in the above- captioned matter. Dater Z _ ( Z Mark F. Bayley, Esquire Bayley & Mangan 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 f STEPHAN K. SMITH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 12-3137 DONIA PARSON, CIVIL ACTION -LAW Defendant CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by First Class U.S. Mail: P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 - U___/ , T5_1z Mark F. Bayley, Esquire Dated. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor `glllll J1' lc:lat!1gIF lt4 OF r ? ?i ?''AY 30 AN 8: 5 EWISYLVANIA Stephen Kyle Smith vs. Donia Parson Case Number 2012-3137 SHERIFF'S RETURN OF SERVICE 05/22/2012 02:00 PM - Jody Smith, Chief Deputy, who being duly sworn according to law, states that on May 22, 201 at 1400 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Donia Parson, by making known unto Mark F. Bayley, Attorney for Defendant at The Cumberland County Sheriffs Office, 1 Courthouse Square, Room 303, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $40.45 May 25, 2012 ?VYZ? JODY S. S TH, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF Acceptance of Service I accept the service of the LU,4,? (on behalf of ? O?1 k c, PC,, S n, n certify that I am authorized to do so.) Date and U?I? -, LkA 4f4 . ? c?Y, CS . Authorized Agent C?-rJ%t-OC (b-//TL 170 iZ