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HomeMy WebLinkAbout12-4261IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA; JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Plaintiff, vs. WILLIAM L. WOODSIDE, JR., Defendant. TO DEFENDANT You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF r E ATT NEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: I 1 1 I Polaris Parkway Columbus, OH 43240 AND THE DEFENDANT IS: 219 West Pine Street Mount Holly Springs, PA 17065 J1 ?? ?2 ATTOR EY FOR PLAINF ?- CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 219 West Pine Street, Township of South Middleton (CITY, BORO, TOWNSHIP,WARD) ATTORNEY FOR PLAINTIFF CIVIL DIVISION NO.. /a - 1/0?& / Oi v i 1TprjK TYPE OF PLEADING CIVIL ACTION-COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF PLAINTIFF: JPMorgan Chase Bank, National Association COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 Brian M. Kile, Esquire Pa. I.D. #89240 GRENEN & BIRSIC, P.C. One Gateway Center x? I Ninth Floor fir" I j Pittsburgh, PA 15222 r CD -q (412) 281-7650 .0 _ u n p 4103.1a C-* 138910/ p1t a777d,?f AM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA1 JPMORGAN CHASE BANK, CIVIL DIVISION NATIONAL ASSOCIATION, Plaintiff, VS. WILLIAM L. WOODSIDE, JR., Defendant. NO.: NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in 1 following pages, you must take action within twenty (20) days after this complaint and notice served, by entering a written appearance personally or by attorney and filing in writing with 1 court your defenses or objections to the claims set forth against you. You are warned that if y fail to do so the case may proceed without you and a judgment may be entered against you by 1 court without further notice for any money claimed in the complaint or for any other claim relief requested by the plaintiff. You may lose money or property or other rights important you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU ( NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELO THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE AB TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFF LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 or Toll Free (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK, CIVIL DIVISION NATIONAL ASSOCIATION, Plaintiff, NO.: vs. WILLIAM L. WOODSIDE, JR., Defendant. CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE JPMorgan Chase Bank, National Association, by its attorneys, Grenen & Birsic, P.q'., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is JPMorgan Chase Bank, National Association, which has a place business at I 1 I I Polaris Parkway, Columbus, Ohio 43240 and is authorized to do business in Commonwealth of Pennsylvania. 2. The Defendant, William L. Woodside, Jr., is an individual whose last address is 219 West Pine Street, Mount Holly Springs, Pennsylvania 17065. 3. On or about June 30, 2008, Defendant executed a Note in favor of Mortgagot, Inc. in the original principal amount of $91,350.00. A true and correct copy of said Note lis marked Exhibit "A", attached hereto and made a part hereof. 4. On or about June 30, 2008, as security for payment of the aforesaid N Defendant made, executed and delivered to Mortgage Electronic Registration Systems, Inc. Nominee for Mortgageit, Inc., its successors and assigns, a Mortgage in the original amount of $91,350.00 on the premises hereinafter described, said Mortgage being recorded in Office of the Recorder of Deeds of Cumberland County on July 1, 2008 at Instrument N 200822392. A true and correct copy of said Mortgage, containing a description of the premisl subject to the Mortgage ("Mortgaged Premises"), is marked Exhibit "B", attached hereto made a part hereof. 5. On or about March 1, 2012, Mortgage Electronic Registration Systems, Inc. Nominee for Mortgageit, Inc., its successors and assigns, assigned all of its right, title interest in and to the Mortgage to Plaintiff pursuant to the terms of a certain Assignment Mortgage, recorded in the office of the Recorder of Deeds of Cumberland County on April 13, 2012 at Instrument Number 201209487. A true and correct copy of said Assignment Mortgage is marked as Exhibit "C", attached hereto and made part hereof. 6. Defendant is the record and real owner of the aforesaid Mortgaged Premises. 7. Defendant is in default under the terms of the Mortgage and Note for, inter failure to pay the monthly installments of principal and interest when due. Defendant is due the November 1, 2011 payment. 8. On or about January 4, 2012, Defendant was mailed Notice of Intention Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S. § 101, et seq. 9. The following amounts are due to Plaintiff on the Mortgage as of June 30, 2012 Principal $87,931.02 Interest from 10/1/11 through 6/30/12 $ 4,451.49 Late Charges $ 113.36 Escrow Deficiency $ 352.32 BPO/Appraisal $ 275.00 Property Inspections $ 158.00 Suspense Balance $ -343.95 Attorneys' Fees $ 625.00 Foreclosure Costs $ 353.75 TOTAL $93,915.99 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant in the sun of $93,915.99, together with interest, costs, fees, and charges collectible under the note and mortgage including but not limited to attorneys fees and costs, and for the foreclosure and sale the mortgaged property. GRENEN & BIRSIC, P.C. BY: Kristine M. Anthou, Esquire Brian M. Kile, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMA' OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" ?A LOA, X10 ?? MERS Phone: 1 3 1t a ', NOTICE: THIS LOAN IS NOTOTASSUMMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. JUNE30, 2008 CARLISLE PENNSYLVANIA [Dale] [City] IState) 219 WEST PINE STREET, MT HOLLY SPRINGS, PA 17065 [Property Address) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 91,350.00 (this amount is called "Princip 1'j, plus interest, to the order of the Lender. The Lender Is MORTGAGEIT, INC I will make all payments under this Note In the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and w o is entitled to receive payments under this Note is called 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 a y rate of 6.750 %. The interest rate required by this Section 2 1s the rate I will pay both before and after any default described in Section of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the let day of each month beginning on AUGUST, 2008 I will make these payments every month until I have paid all of the principal and interest and any other charges described below ffiat I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to int rest before Principal. If, on JULY 01, 2038 , I still owe amounts under this Note, I will pay those amounts in fu I on that date, which is called the "Maturity Date." I will make my monthly patents at CENTRAL LOAN ADMINISTRATION 8 REPORTING P.O. BOX 986, NEWARK, NJ 07 8 -0986 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 592.49 4. BORROWER' S RIGHT TO PREPAY The Borrower shall have the right to prepay at any time, without premium or fee, the entire Indebtedness or any part thereof not less than the amount of one installment, or $100.00, whichever Is less. Any Prepayment in full of the Indebtedness shall be credited on the date received, and no interest may be charged thereafter. Any partial Prepayment made on other than an installment due date need not be credited until the next following installment due date or 30 days after such Prepayment, whichever is earlier. PENNSYLVANIA FIXED RATE NOTE Single Family-Fannie Mae/Freddle Mac UNIFORM INSTRUMENT Form 3200/01 Amended for Veterans Aff alrs Amended /00 VM MG(PA) (0707) Pago 1 of 3 LENDER SUPPORT SYSTEMS. INC. SGPANEW 0/07) i 0 ,.5. LOAN CHARGES If a low, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or flier loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan c rge sliall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected rom me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducin , the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be tr ated as a partial Prepayment. 5. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar ays after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 4.000 0 of my overdue payment. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am In default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, die Note Holder may require me to pay immediately the full amount of Principal which has not been paid an all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to a or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as des above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the riot to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be give delivering it or by mailing It by first class mail to me at the Property Address above or at a different address if I give the 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 mailing It by class mall 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 different address. 8. 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 me this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this N also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, s or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its u under this Note against each person Individually or against all of us together. This means that any one of us may be req??ih pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" right to require the Note Holder to give notice to other persons that amounts due have not been paid. VM P5G(PA) (0707) Page 2 of 3 by ote that in is to the I h iffals: Form 3200 1101 ,10. AIrLONQE TO THIS NOTE If anrallonge providing for payment adjustments or for any other supplemental Information is executed by the Borr )wer together with this Note, the covenants of the allonge shall be Incorporated Into and shall amend and supplement the coven of this Note as if the allonge were a part of this Note. [Check applicable box] ? Graduated Payment Allonge 0 Other [Specify] ? Other [Specify] VA ASSUMPTION POLICY ALLONGE AM ENDING NOTE ii. uNiFORm SECURED NOTE This Note is a uniform instrument with limited variations In some jurisdictions. In addition to the protections given Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make Note. That Security instrument describes how and under what conditions I may be required to make immediate payment of all amounts I owe tinder Oils Note. Some of those conditions are described as follows: Re ulations (38 C.F.R. Part 36) issued under the Department of Veterans Affairs ("VA") Guaranteed Loan Authority (38 U.S.C. Chapter 37) and in effect on the date of loan closing shall govern the rights, duties and liabilities of the parties to this loan and any provisions of this Note which are Inconsistent with such regulations are hereby amended and supplemented to conform thereto. This is a contract under seal and may be enforced under 42 PA. C.S. Section 5529(b). WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. WILLIAM GODS D R (Seal) -Borrower (Seal) -Borrower FOR VAWE REM O, Pay ToThe Order Of JPMorgan Chase Bank, N.A. Without Recourse: MortgageiT, Inc. W. % t-o- Title: Erin I(oztenlta, ASsl t Secretary (Seal) -Borrower _ (Seal) •Borrmver JB CIrM1`r!sign Original erge?r ,. .. the e as this full eal) VMPSG(PA) (0707) Page 3 of 3 Form 320011/01 • 0 Pay to the Ober of Without Recourse JPMorgan Chase Bank, NA By: ` r Toni T. Hall, Assistant Secretary 0 • LOAN NO.: 11? MIN VA LOAN NO.: ? MERS Phone: 1-aaa-679.6377 V.A. ASSUMPTION POLICY ALLONGE AMENDING NOTE NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. THIS ASSUMPTION POLICY ALLONGE AMENDING NOTE is made this 30th day of JUNE, 2008 , and is incorporated Into and shall be deemed to amend and supplement the Note ("Note") of the same date herewith, given by the undersigned ("Borrower") to evidence Borrower's indebtedness to MORTGAGEIT, INC its successors and assigns ("Lender") which Indebtedness Is secured by a Mortgage, Deed of Trust or Security Deed ("Security Instrument") of the same date and covering the property described in the Security Instrument and located at: 219 WEST PINE STREET, MT HOLLY SPRINGS, PA 17065 (Properly Address) Notwithstanding anything to the contrary set forth in the Note, Lender and Borrower hereby acknowledge and agree to the following: GUARANTY: Should the Department of Veterans Affairs fail or refuse to issue Its guaranty in full amount within 60 days from the date that this loan would normally become eligible for such guaranty committed upon by the Department of Veterans Affairs under provisions of Title 38 of the U.S. Code "Veterans Benefits," the Lender may declare (lie indebtedness due under the Note and secured by the Security Instrument at once due and payable and may require immediate payment in full or may exercise any other rights hereunder or take any other proper action as by law provided. TRANSFER OF THE PROPERTY: If all or any part of the Property or any Interest in it is sold or transferred, this loan may be declared Immediately due and payable upon transfer ("assumption") of the property securing such loan to any transferee ("assumer"), unless the acceptability of the assumption and transfer of this loan is established by the Department of Veterans Affairs or its authorized agent pursuant to Section 3714 of Chapter 37, Title 38, United States Code. An authorized transfer ("assumption") of the property shall also be subject to additional covenants and agreements as set forth below: (a) ASSUMPTION FUNDING FEE: A fee equal to one-half of 1 percent (.5096) of the unpaid balance of this loan as of the date of transfer of the property shall be payable at the time of transfer to the Lender or its authorized agent, as trustee for the Department of Veterans Affairs. If the assumer falls to pay this fee at the time of transfer, the fee shalt constitute an additional debt to that already due under the Note and secured by the Security Instrument, shall bear interest at the rate herein provided, and, at the option of the Lender of the indebtedness due under the Note and secured by the Security Instrument or any transferee thereof, shall be Immediately due and payable. This fee Is automatically waived if the assumer is exempt under the provisions of 38 U.S.C. 3729 (c). (b) ASSUMPTION PROCESSING CHARGE: Upon application for approval to allow assumption and transfer of this loan, a processing fee may be charged by the Lender or Its authorized agent for determining the creditworthiness of the assumer and subsequently revising the holder's ownership records when an approved transfer is completed. The amount of this charge shall not exceed the lesser of the maximum established by the Department of Veterans Affairs for a loan to which Section 3714 of Chapter 37, Title 38, United States Code applies or any maximum prescribed by applicable State law. (c) ASSUMPTION INDEMNITY LIABILITY: If this obligation is assumed, then the assumer hereby agrees to assume all of the obligations of the veteran under the terms of the instruments creating and securing the loan, including the obligation of the veteran to indemnify the Department of Veterans Affairs to the exient of any claim payment arising from the guaranty or insurance of the indebtedness created by this instrument. IN WITNESS WHEREOF, Borrower(s) has executed this Assumption Policy Allonge Amending Note. (Date) (Date) (Date) 5194 V MFL535 (9405).01 LENDER SUPPORT SYSTEMS. INC. VA.43MVA (04102) EXHIBIT "B" Prepared By: STEPHANIE RALSTON, CLOSER 1350 DEMING WAY 3RD FLOOR MIDDLETON WI 53562 Return To: MORTGAGEIT 1350 DEMING WAY, 3RD FLOOR MIDDLETON, WI 53562 Parcel Number: 40-32-2334-063 Premises: 219 WEST PINE STREET, MT HOLLY SPRINGS, PA 17065 [Spaoo Above This Lino For Reoording MORTGAGE VA LOAN NO.: LOAN NO.: ? ESCROW NO.: RE08-76 ORIGINA L MIN: MERS Phone: 1-888-679-6377 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 JUNE 30, 2008 together with all Riders to this document. (B) "Borrower" Is WILLIAM L. WOODSIDE, JR., SOLE & SEPARATE PROPERTY Borrower Is the mortgagor under this Secinity Instrument. (C) "HERS" 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. MFRS is 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 98501-2026, tel. (888) 679-MERS. PENNSYLVANIA - Single Family . Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3039 1101 V$A(PA) (0708).01 Pago t of 10 LENDER SUPPORT SYSTEMS. INC. MERSBAPA.NEW (50107) (D) "Lender" is MORTGAGEIT, INC Lender Is a CORPORATION organized and existing under the laws of NEW YORK Lender's address is 33 MAIDEN LANE, 6TH FLOOR, NEW YORK, NY 10038- (E) "Note" means the promissory note signed by Borrower and dated JUNE 30, 2008 The Note states that Borrower owes Lender NINETY ONE THOUSAND THREE HUNDRED FIFTY AND N01100 X X X X X X X X X X X X Dollars (U.S. $ 91,350.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than JULY 01, 2038 (F) "Property" means the property that is described below under 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, phis interest. (IT) "Riders" 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): Q Adjustable Rate Rider Q Condominium Rider 1-4 Family Rider Q Graduated Payment Rider Q Planned Unit Development Rider Q Biweekly Payment Rider Q Balloon Rider Q Rate Improvement Rider Q Second Home Rider ® Other(s) [specify] VA RIDER (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are Imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "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-sale 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. (M) '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: (1) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lien of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (? "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment" means the regularly scheduled amount die for (1) principal and interest under the Note, plus (it) any amounts under Section 3 of this Security Instrument. V-6A(PA) (0708).01 Pogo 2 of 16 Form 3039 1/01 (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and Its implementing reulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or airy 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 "federall related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. ((y "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 tfie Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (1) 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 MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in the COUNTY [Type of RecordingJurisdiciion] of CUMBERLAND [Name of Recording Jurisdiction]: SEE COMPLETE LEGAL DESCRIPTION DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF which currently has the address of 219 WEST PINE STREET (Sneer] MT HOLLY SPRINGS [CUyl , Pennsylvania 17065 [Zip Code] ("Property Address"): TOGETHER WITH all die 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 sha 11 also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower rmderstands 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 jas nominee for Lender and Lenders successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limned to, releasing and canceling this Security Instrument. K A V-6A(PA) (0708).01 Pays 3 of 18 Form 3 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 imder 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 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. 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 unapplied 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, the payment 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 V-8A(PA) (07oepi Pago 4 of 16 Form can be paid in full. To the extent that any excess exists after the payment is applied to the fill payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance 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. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid In full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which 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 Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this 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 Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of 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, Borrower 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 In air V-6A(PA) (0708).01 Page 6 of 15 Form 3039 1101 shall be paid on the Finds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held In escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to 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 required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 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 die Property which can attain priority 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 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 one-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. V-6A(PA) (0708).01 Page a of 16 Form 3 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. 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 for 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. V-SA(PA) (o7oapi Page 7 of 16 Form 330033 9 1101 6. Oooupanoy. 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 are beyond Borrower's control. 7. Preservation, Maintenanoe and Proteotion of the Property; Inspeotions. 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 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. 8. Borrower's Loan Apphoation. 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. Proteotion of Lender's Interest in the Property and Rights Under this Seourity Instrument. If (a) Borrower falls 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. Altlough 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. V-6A(PA) (0706).01 Pogo 8 of r8 Form 3039 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear Interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of 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 previous 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. Such loss reserve shall be non-refundable, 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 regrdred 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 We mortgage insurer to make payments using any source of fiords 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 the 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 will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. V-GA(PA) (0706).ol past 0 or 16 Form may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights 11. Assignment of Miscellaneous 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 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, die 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 multiplted by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, 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 less 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 Securli? 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) offers to make an award to settle a claim for damages, Borrower falls 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 I".b1/01 V-8A(PA) (0708).01 Papa 10 of 16 FDrm 303 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 die 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 secured by this Security Instrument by reason of any demand made by the oglnal 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 prech)de the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signI this Security Instrument only to mortgag e, 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 Borrowers 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 Property 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 loan charges, and that law is finally interpreted so that die 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 makingg 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 V-GA(PA) (0708).0 Nge 11 of 16 Form 3039-1/01 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 first class mall 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; Severabili ty; 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 rights and obligations contained in this Security Instrument are subject to any requirements and limitations 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 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 Beneficial 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 liven If Borrower fails to pay these sums prior to the expiration of this period, Lender may Invoke any remedies permitted 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 imw. V-6A(PA) m7oat.oi Page 12 or 1 o Form 3039 1/01 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 Servicer; 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 sale might result in a change in the entity (known as the "Loan 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 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 requires 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 paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provislons 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 die 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. V-6A(PA) (0708).ol Page 13 of 16 Form 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 Pro erty (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or pc) 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) anyy 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 no 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 anyovernmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, orrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and 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 (but not prior to acceleration under Section 18 unless A licable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay an Y the 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 hair 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. It" V-eA(PA) (070e).01 Page 14 of 16 Rurn 303 1101 This Is a contract under seal and may be enforced under 42 PA. C.S. Section 5529(b). BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: 0 (Seal) or -Borrower (Seal) (Seal) -Borrower -Borrower _-----(Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower V-6A(PA){o7wpi Page is of 16 Form 3039 1/01 COMMONWEALTH OF PENNSYLVANIA, GUm????? On this, the -,?D day of :50Qe aWS undersigned officer, personally appeared WILLIAM L. WOODSIDE, JR. County ss: , before me, the known to me (or satisfactorily proven) to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: Noterinl SM (->? Kathy L. Mummert, Notary Public Carlisle Borough, Cumberland Co", PA My Commission Expires August 11, 2011 Title of 0111cer Certificate of Residence I, , do hereby certify that the correct address of the within-named Mortgagee Is P.O. Box 2026, Flint, MI 98501-2026. Witness my hand this day of Agent of Mortgagee V-6A(PA) (0706).01 Page 16 of 16 Form VA GUARANTEED LOAN AND ASSUWTION POLICY WA%lillilillillillillilliIIII LOAN NO.: deffillillillillilif MIN: MERS Phone: 1-888-679-6377 NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. THIS VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER is made this 30th day of JUNE, 2008 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Deed to Secure Debt (herein "Security Instrument") dated of even date herewith, given by the undersigned (herein "Borrower") to secure Borrower's Note to MORTGAGEIT, INC (herein "Lender") and covering the Property described in the Security instrument and located at 219 WEST PINE STREET, MT HOLLY SPRINGS, PA 17065 [Property Address] VA GUARANTEED LOAN COVENANT: In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: If the indebtedness secured hereby be guaranteed or insured under Title 38, United States Code, such Title and Regulations issued thereunder and in effect on the date hereof shall govern the rights, duties and liabilities of Borrower and Lender. Any provisions of the Security Instrument or other instruments executed in connection with said indebtedness which are inconsistent with said Title or Regulations, Including, but not limited to, the provision for payment of any sum in connection with prepayment of the secured indebtedness and the provision that the Lender may accelerate payment of the secured indebtedness pursuant to Covenant 18 of the Security Instrument, are hereby amended or negated to the extent necessary to conform such instruments to said Title or Regulations. _ MULTISTATE VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER 10103 V-538R (0405).01 Page 1 of 3 LENDER SUPPORT SYSTEMS INC.538RNEW (08/08) LATE CHARGE: At Lender's option, Borrower will pay a "late charge" not exceeding four per centum ON of the overdue payment when paid more than fifteen (15) days after the due date thereof to cover the extra expense involved in handling delinquent payments, but such "late charge" shall not be payable out of the proceeds of any sale made to satisfy the Indebtedness secured hereby, unless such proceeds are sufficient to discharge the entire indebtedness and all proper costs and expenses secured hereby. GUARANTY: Should the Department of Veterans Affairs fail or refuse to issue its guaranty In full amount within 60 days from the date that this loan would normally become eligible for such guaranty committed upon by the Department of Veterans Affairs under the provisions of Title 38 of the U.S. Code "Veterans Benefits," the Mortgagee may declare the indebtedness hereby secured at once due and payable and may foreclose Immediately or may exercise any other rights hereunder or take any other proper action as by law provided. TRANSFER OF THE PROPERTY: This loan may be declared Immediately due and payable upon transfer of the property securing such loan to any transferee, unless the acceptability of the assumption of the loan is established pursuant to Section 3714 of Chapter 37, Title 38, United States Code. An authorized transfer ("assumption") of the property shall also be subject to additional covenants and agreements as set forth below: (a) ASSUMPTION FUNDING FEE: A fee equal to one half percent ( .50 %) of the balance of this loan as of the date of transfer of the property shall be payable at the time of transfer to the loan holder or its authorized agent, as trustee for the Department of Veterans Affairs. If the assumer fails to pay this fee at the time of transfer, the fee shall constitute an additional debt to that already secured by this Instrument, shall bear interest at the rate herein provided, and, at the option of the payee of the Indebtedness hereby secured or any transferee thereof, shall be immediately due and payable. This fee is automatically waived if the assumer is exempt under the provisions of 38 U.S.C. 3729 (c). (b) ASSUMPTION PROCESSING CHARGE: Upon application for approval to allow assumption of this loan, a processing fee may be charged by the loan holder or its authorized agent for determining the creditworthiness of the assumer and subsequently revising the holder's ownership records when an approved transfer is completed. The amount of this charge shall not exceed the maximum established by the Department of Veterans Affairs for a loan to which Section 3714 of Chapter 37, Title 38, United States Code applies. (c) ASSUMPTION INDEMNITY LIABILITY: If this obligation is assumed, then the assumer hereby agrees to assume all of the obligations of the veteran under the terms of the instruments creating and securing the loan. The assumer further agrees to indemnify the Department of Veterans Affairs to the extent of any claim payment arising from the guaranty or insurance of the indebtedness created by this Instrument. N V-538R (0405).01 Page 2 of 3 IN WITNESS WHEREOF, Borrower(s) has executed this VA Guaranteed Loan and Assumption Policy Rider. (Seal) -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) _ (Sean -Borrower -Borrower V -538R (0405).01 Page 3 of 3 X r Loan Name: WILLIAM L WOODSIDE, JR. Property Address: 219 WEST PINE STREET, MT HOLLY SPRINGS, PA 17065 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY LOAN NO.: 0IIIIIIIIIIIIIIII ALL THAT CERTAIN tract of land with the improvements thereon erected situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and descril in accordance with the Plan for Bruce L. Bamer, dated March 16, 1994, prepared by Mark A. Kuntz, Surveyor, recorded in the hereinafter mentioned Recorder's Office in Plan Book 90, Page 65, as follows: BEGINNING at an existing point in the dividing line between lands now or formerly of Bruce L. and Lois A. Barner and Lot No. 2 as shown on the above mentioned plan at the corner of lands now or formerly of Charles Hockley; thence along said lands now or formerly of Hockley, South 88 degrees 14 minutes 10 seconds East a distance of 38.21 feet to an existing pipe; thence by same and continuing along lands now or formerly of James Skelton, South 83 degrees 18 minutes 55 seconds East a distance of EK26 feel to a point in line of lands now or formerly of Gary Emlet; thence along said lands now of formerly of Emlet, South 03 degrees 36 minutes 20 seconds East a distance of 198.65 feet to a point in line of lands now or formerly of Bruce L. Barner, et ux; thence along said lands now or formerly of Barner, South 85 degrees 36 minutes 35 seconds West a distance of 118.84 feet to a point; thence by same, North 05 degrees 26 minutes 30 seconds West a distance of 219.92 feet to a point, the Place of BEGINNING. TOGETHER WITH a right of way in favor of the within described premises over other lands now or formerly of Bruce L. and Lois A. Barner, said right of way being 15 feet and width and extending southwardly from the southern dedicated right of way line of Sandbank Road to the above-described premises. LENDER SUPPORT SYSTEMS INC. EX-A-XX.FRM (02197) C AW ti1 or ROBERT P. ZIEGLER ' RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200822392 Recorded On 711/2008 At 2:39:17 PM * Total Pages - 21 * Instrument Type - MORTGAGE Invoice Number - 24273 User ID - KW * Mortgagor - WOODSIDE, WILLIAM L JR * Mortgagee - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC * Customer - ORCHARD SETTLE * FEES STATE WRIT TAX STATE JCS/ACCESS TO JUSTICE RECORDING FEES - RECORDER OF DEEDS AFFORDABLE HOUSING COUNTY ARCHIVES FEE ROD ARCHIVES FEE TOTAL PAID $0.50 $10.00 $43.50 $11.50 $2.00 $3.00 $70.50 I Certify this to be recorded in Cumberland County PA ?y cR cu?e? © - ? RECORDL?R O D EDS Certification Page DO NOT DETACH This page is now part of this legal document. * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. MOM EXHIBIT "C" Prepared By/ Return To: E.Lance/NTC, 2100 Alt. 19 North, Pal, Harbor, FL 34683 (8046-9152 Loan 001111111111111 Tax Code/PIN: 40-32-2334-063 111111111111111111111111111111111111111111111111111 IIII IIII ASSIGNMENT OF MORTGAGE -- -- Contact JPMORGAN CHASE BANK, N.A. for this instrument 780 Kansas Lane, Suite A, Monroe, LA 71203, telephone # (866) 756-8747, which is responsible for receiving payments. FOR GOOD AND VALUABLE CONSIDERATION, the sufficiency of which is hereby acknowledged, the undersiggned, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. OdERS) AS NOMINEE FOR MORTGAGEIT, INC., ITS SUCCESSORS AND ASSIGNS, (ASSIGNOR), OIERS Address: 1901 E Voorhees Street, Suite C, Danville, IL 61834) by these presents does convey, grant, sell, assign, transfer and set over the described MORTGAGE therein together with all interest secured thereby, all liens, and any rights due or to become due thereon to JPMORGAN CHASE BANK NATIONAL ASSOCIATION, WHOSE ADDRESS IS 700 KANSAS LANE, MC 8000, MONROE, LA 71263 (866)756-8747, ITS SUCCESSORS OR ASSIGNS, (ASSIGNEE). Said MORTGAGE dated 06/30/2008, in the amount of $91,350.00 made by WILLIAM L. WOODSIDE, JR. to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC recorded on 07/01/2008, in the Office of the Recorder of Deeds of CUMBERLAND County, Pennsylvania, in Book n/a, Page n/a (or Document # 200822392) Property more commonly known as: 219 W PINE ST TWP. OF SOUTH MIDDLETON, MOUNT HOLLY SPRINGS, PA 17065 Dated on 109 /. 101 l 61Z(NIIVI/DD/YYYY) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS) AS NOMINEE FOR MORTGAGEIT, INC., ITS SUCCESSORS AND ASSIGNS By: Mal VICE PRESIDENT JPCAS 15870437 -- CHASE CJ3590416 N4 MIN 100112065755850506 MERS PHONE 1-888-679-MFRS FRMPA 1 1111111 IIIII IIIII 1111111111111111111 IN 1111 IN *15870437 . Loan #: ? STATE OF LOUISIANA PARISH OF OUACHITA e e s e t• as acl owledged before me on -M (M VVDD/YYYY) byy _ as VICE PRESIDENT of MORTGAGE ELECTRONIC AWtn'nON SYSTEMS, C. (MERS) AS NOMINEE FOR MORTGAGEPT, INC., I'CS' SUCCESSORS AND AS GNS, who, being authorized to do so, executed the foregoing instrument for the purposes therein contained. He/she/they is (are) personally known to me. +"0011"18111" ; $?y?e? T ?A Ap 60971 $ *NubTc--'State NA n expires: Upon My Death wammn„"`Assignment of Mortgage from: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS) AS NOMINEE FOR MORTGAGEIT, INC. ITS SUCCESSORS AND ASSIGNS, (ASSIGNOR), (MERS Address: 1901 E Voorhees Street, Suite G, Danville, IL 61834) to: MORGAN NATIONAL MC 000, MO _OE, LA 71203 (866)756-8747, ITS UC ON, SORSOR ASSRGNNS, ASSIGNEE) LANE, Mortgagor: WILLIAM L. WOODSIDE, JR. When Recorded Return To: JPMorgan Chase Bank, NA C/O NTC 2100 Alt. 19 North Palm Harbor, FL 34683 All that certain lot or piece of ground situated in Mortgage Premise: 219 W PINE ST TWP. OF SOUTH MIDDLETON MOUNT HOLLY SPRINGS, PA 17065 CUMBERLAND (Borough or Township, if stated), Commonwealth of Pennsylvania. Being more particularly described in said mortgage. I, /Ull'i(em Q_ 4/h U, CU7s.C , do certify that the precise address of the within named assignee is JPMORG CHASE BANK, NATIONAL ASSOCIATION, WHOSE ADDRESS IS 700 KANSAS LANE, MC 8000, MONROE, LA 71203 (866)756-8747, ITS SUCCESSORS OR ASSIGNS, (ASSIGNEE) By: It VICE PRESIDENT *15870437* CAS 15$70437 -CHASE CJ3590416 N4 MIN 100112065755850506 MERS PHONE 1-888-679-MERS FRMPAI *15870437* J, . 16 i ROBERT V. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201209487 Recorded On 4/3/2012 At 11:27:27 AM * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number -105239 User ID - MBL * Mortgagor - WOODSIDE, WILLIAM L JR * Mortgagee - JPMORGAN CHASE BANK N A * Customer - NATIONWIDE TITLE CLEARING * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES -- $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $50.50 * Total Pages - 3 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA CU ° RECORDER O D DS ? o ' - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. III ifli?iAiimui111 VERIFICATION mro?J A 4 Mb 0(s ,hereby states that he/she is of JPMorgan Chase Bank, National Association, Plaintiff in this matter, and that he/she is authorized to make this Verification, and verify that the statements of facts made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 6 )J 2 01'? File #: 075-11944 Name: Camron Chambers ice President Title: Name: Woodside JPMorgan Chase Bank, N.A. Plaintiff(s) William L. Woodside? Jr. Defendant(s) ? FORM 1 rT1W N C ' IN THE COURT OF COMMON PLEAS OFtn II- CUMBERLAND COUNTY, PENNSYLVAN --tr : r --r-; .[ C7 r C:) c.J : ; F c n : . Civil l ler ?ero+. NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Leg, Services at (717)243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representativ+ at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the leg; representative within twenty (20) days of the appointment date. During that meeting, you must provide the leg; representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative wi prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) da) of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled, you will have a opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lenclE before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps i be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for ti appointment of a legal representative. However, you must provide your lawyer with all requested financial information so th a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the form attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be fill with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliatic conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work o reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE T STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: -7/6-1 ,? (_ ? x- V- ( ? ^ ?(_ Date Signature of Counsel for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your _ Please provide the following information to the best of your knowledge: Borrower name (s): Property Address: City: Is the property for sale? Yes ? No E] Listing date: Realtor Name: Borrower Occupied: Yes ? No ? Mailing Address (if different) City: Phone Numbers: Home: Cell: Email: # of people in household: • • • Mailing Address: City: Phone Numbers: Email: # of people in household: First Mortgage Lender: Type of Loan: State: State: Zip: Office: Other: How long? Home: Cell: State: Office: Other: Zip: _ Price: $ Realtor Phone: Zip: How long? Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes and Insurance: Date of Last Payment: Primary Reason for Default Is the loan in Bankruptcy? Yes E] No ? If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Home: $ Other Real Estate: $ Retirement Funds: $ Investments; $ Checking: $ Savings: $ Other: $ Automobile #1: Model: Amount owed: Automobile #2: Model: Amount owed: Other transoortation (automobiles. boats. motorcvcles) Year: Amount owed Value: Value: Model: Value: Value: Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. - 2. Borrower Pay Days: _ Monthly Gross Monthly Gross Monthly Gross Monthly Amount: Monthly Amount: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paving) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2° Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other Prop. Payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day/Child Care/Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and Expenses: Have you been working with a Housing Counseling Agency? Yes ? No ? If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Email: Year: Year: Monthly Net Monthly Net Monthly Net Fax: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? No F-] If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve you delinquency? Please provide the following information, if know, regarding your lender or lender's servicing company: Lender's Contact (Name): Servicing Company (Name): Contact: Phone: Phone: I/We, named purpose of evaluating understand that I/we named authorize the abo% to use/refer this information to my lender/servicer for the so my financial situation for possible mortgage options. I/we am/are under no obligation to use the services provided by the abo? Borrower Signature Date Borrower Signature Date Please forward this document along with the following information to lender a lender counsel: V Proof on income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation V (hardship letter) Listing agreement (if property is currently on the market) V Copy of 2 years of federal income tax returns V Copy of deed FORM 3 JPMorgan Chase Bank, N.A. Plaintiff(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. William L. Woodside, Jr. Defendant(s) REQUEST FOR CONCILIATION CONFERENCE Civil Pursuant to the Administrative Order dated , 2012 governing the Cumberlani County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies a follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's pri residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversic Program: and has taken all of the steps required in that Notice to be eligible to participate in court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand th statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification authorities. Signature of Defendant's Counsel/Appointed Legal Representative Signature of Defendant Signature of Defendant Date Date Date SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor /Pfi{?r44 i t ! f ilri? 1;4 ': QrrYrlr' of Ilan 2312 ,JUL 17 AM 9: 2 6 f u ` PENN YLVANIA ~e ? JP Morgan Chase Bank, NA Case Number vs. 2012-4261 William L. Woodside, Jr. SHERIFF'S RETURN OF SERVICE 07/11/2012 10:34 AM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on July 11, 2012 at 1034 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Willia L. Woodside, Jr., by making known unto himself personally, at 219 W. Pine Street, Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the same time handing to him personally he said true and correct copy of the same. e- i. DEN IS FRY, DE SHERIFF COST: $35.00 July 12, 2012 SO ANSWERS, 4z ,." R ANDERSON, SHERIFF ,'? Cbunf;Sui!r Shen`t. le;,ec?sott. Ine w e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLV JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, ~~ CIVIL DIVISION x ~' c' r ~A NO.: 12-4261 Civil Term ~~~- ~ ~- c~ ~ Za ~~ •- TYPE OF PLEADING ~ ~^-~ ~~ ~ PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) d ~~ ~~ m -.a °~;~ ~~ t~ , ~ ~~ o -~ ..*..._ K'a ~,~,-, Plaintiff, vs. WILLIAM L. WOODSIDE, JR., Defendant. I hereby certify that the address of Plaintiff is: 1111 Polaris Pazkway Columbus, OH 43240 the last known address of Defendant is: 219 West Pine Street Mount Holly Springs, PA 17065 GRENEN &BIRSIC, P.C. ,(~ _ A V ~ L c. f~f~ /~ Attorneys f r Plaintiff FILED ON BEHALF OF PLAINTIFF: JPMorgan Chase Bank, National Association COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 Brian M. Kile, Esquire Pa. I.D. #89240 GRENEN &BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 Q y6 /9C1 ~~ ~ °~q8 Yll~ ~a ~~ fed ~_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Plaintiff, vs. WILLIAM L. WOODSIDE, JR., Defendant. CIVIL DIVISION NO.: 12-4261 Civil Term PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIR: Please enter a default judgment in the above-captioned case in favor of Plaintiff a against Defendant, William L. Woodside, Jr., in the amount of $95,585.26, which is itemized follows: Principal $87,931.02 Interest from 10/1/11 through 8/14/12 $ 5,173.76 Late Charges $ 113.36 Escrow Deficiency $ 352.32 Corporate Advances $ 863.50 Suspense Balance $ - 343.95 Attorneys' Fees $ 1,125.00 Foreclosure Costs 370.25 TOTAL $95,585.26 together with interest, costs, fees, and charges collectible under the note and mortgage inclu~ but not limited to attorneys fees and costs, and for the foreclosure and sale of the mortgaged property. GRENEN & BIRSIC, P.C. BY: ~~ i c< <. ~i~Cd~. Kristine M. Anthou, Esquire Attorneys for Plaintiff AFFIDAVIT OF NON-M~I,ITARY SI;aRVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for said County Commonwealth, personally appeared Kristine M. Anthou, Esquire, attorney for and representative of Plaintiff who, being duly sworn according to law, deposes and says that Defendant was not in the military service of the United States of America to the best of knowledge, information and belief and certifies that the Notices of Intent to take Judgment was mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copy. C~~j~~ ~ ~ ~~C-, Sworn to and subscribed before me this ~~,~ day of , 2012. ~, ~~ 4 G~ a ~ ~.~1) o Notary Public ~M~ONWEALTH OF PENNSYLVANL4 Notarial Seal Pabida A. Townsend, Notary Public City of Pittsburgh, Allegheny County My Commission Expires tune 2, 201. MEMBER, PENNSYLVANIA ASSOCIATION OF N'+'.--~:'F.~: i tY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL CNIL DNISION ASSOCIATION, Plaintiff, vs. WILLIAM L. WOODSIDE, JR., Defendant. TO: William L. Woodside, Jr. 219 West Pine Street Mount Holly Springs, PA 17065 DATE OF NOTICE: August 1, 2012 NO.: 12-4261 Civil Term IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A W EN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WT~'H THE C T YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. ESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGIIviENT MA BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPER OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT H VE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE AN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAT BE ABL TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LE AL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 or Toll Free (800) 990-9108 GRENEN & BIRSIC, P.C. By. 11 .~,..~ ~ Attorneys for Plaintiff One Gateway Center, Ninth Flobr Pittsburgh, PA 15222 (412) 281-7650 FIRST CLASS MAIL, POSTAGE PREPAID ~.. r ____ ___._.. 1 ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLV. JPMORGAN CHASE BANK, CIVIL DIVISION NATIONAL ASSOCIATION, Plaintiff, NO.: 12-4261 Civil Term vs. WILLIAM L. WOODSIDE, JR., Defendant. NOTICE OF ORDER, DECREE OR JUDGMENT TO: William L. Woodside, Jr. 219 West Pine Street Mount Holly Springs, PA 17065 ( )Plaintiff (XX) Defendant ( )Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ~ l o~ ( ) A copy of the Order or Decree is enclosed, or (XX) The judgment is as follows: $95,585.26 together with interest, costs, fees, and charges collectible under the note and mortgage includi. but not limited to attorneys fees and costs, and for the foreclosure and sale of the mortgaged property. w Deputy _ _ __ f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNS'YLVA[~IA JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Plaintiff, vs. WILLIAM L. WOODSIDE, JR., Defendant. CIVIL DIVISION NO.: 12-4261-Civil Term PRAECIPE TO WITHDRAW JUDGMENT TO: PROTHONOTARY SIR: Kindly withdraw the judgmenu entered on or about August 29, 2012 in the above-captioned matter andl mark the docket. GRENEN & BIRSIC, P. C . Kristine M. Anthou, Esquire Attorney for Plaintiff Swon~ to and subscribed before me this ~`~_j~day of ~~~~ ~~~'~'~ `~ ~~ , 2012. _~ ,~ i_ ~ ~~. ~T - ~ - _-~ "~/ _ /;f~ (_. ~/ i/iZ.~~ ter" Notary public ,,- C011AMONWEALT~~ ; ~,w .ins;:: L+lt~l4'i, e Noitar~~ r= g Joanne PA. Wei~r~F ~ ,~ , City Of pjasbUrph NF - t ~.__s~yComrnissionExr r,. ~, Q tf~„ber,Pbnns van, ., -- _. ,~~~C-1 `_iO~Q ~~ Y ~ I~~l~ 1'~ ~ ga~~ i2 ~- ~ ~ IN THE (~'OURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK, CNII DIVISION NATIONAL ASSOCIATION, Plaintiff, vs. ISSUE NUMBER: NO.: 12-4261 Civil Term WILLIAM L. WOOL)SIDE, JR., Defendant. TYPI: OF PLEADING: PRAECIPE TO WITHDRAW JUDGMENT CODE- FILED ON BEHALF OF PLAINTIFF: JPMorgan Chase Bank, National Association COUNSEL OF R1=;CORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor PittsL-urgh, PA 15122 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Plaintiff, CNIL DNISION ~~ f `~ ; ~, _. _r, . ~: - : . .. ~. - ~,. ~ - vs. WILLIAM L. WOODSIDE, JR., Defendant. NO.: 12-4261-Civil Term PRAECIl'E TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE TO: PROTHONOTARY SIR/MADAM: Kindly settle and discontinue without prejudice the above-captioned matter and mark the docket accordingly. GRENEN & BIRSIC, P.C. Kristine M. Anthou, Esquire Attorneys for Plaintiff Sworn to and subscribed before me _ ,- this'-- `-~ day of _ ~p , 2012. _~ ~- , ~} - f, ~, c~ / Notary Public ;c0_~_p1VWEgL1`N l7~' ~'[t~h~' , ~ Joanne M. Wehnei, Natary .^ui~iis Y of Pi;tsb urph, Alleg;aer;Y 'aunty -- U.~!nmiasion ExpiresJUrr ~S, 2'r4 ~' .mb~,: , S~anns r y v~a ~ta gaan