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HomeMy WebLinkAbout12-5489 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK, CIVIL DIVISION NATIONAL ASSOCIATION, Plaintiff, NO•: -~f gp ~v~ (,~~'L vs. TYPE OF PLEADING ANDREE A. FELIX, CIVIL ACTION-COMPLAINT Defendant. IN MORTGAGE FORECLOSURE TO DEFENDANTS FILED ON BEHALF OF PLAINTIFF: You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS JPMorgan Chase Bank, National FROM SERVICE HEREOF Association ATTORNEY FOR PLA TIFF COUNSEL OF RECORD FOR THIS PARTY: I HEREBY CERTIFY THAT THE ADDRESS Kristine M. Anthou, Esquire OF THE PLAINTIFF IS: Pa. I.D. #77991 111 l Polaris Parkway ~ ~ Columbus, OH 43240 ~ ~ "i Brian M. Kile, Esquire ~ m AND THE DEFENDANT's is: Pa. LD. #89240 utir"' ~ 234 River Avenue ~ ~ Apt. 69 GRENEN & BIRSIC, P.C.~~ c~~ Patchogue, NY 1177 -3353 q't''? Z _ One Gateway Center ~,,a ~ QL C~-B=aC.~- Ninth Floor ns.-+~,~''~' ATT NEY FOR PLAINTIFF P1ttSbuigh, PA 15222 ~ (412) 281-7650 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 887 Old Silver Spring Road Mechanicsburg, PA 17055 (CITY, BORO, TOWNSHIP,WARD) ATTO EY FOR PL TIFF eK~ lya~.~8 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK, CIVIL DIVISION NATIONAL ASSOCIATION, NO.: Plaintiff, vs. ANDREE A. FELIX, Defendant. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment maybe entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A 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. ANDREE A. FELIX, Defendant. CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE JPMorgan Chase Bank, National Association, by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is JPMorgan Chase Bank, National Association, which has a place of business at 1111 Polaris Parkway, Columbus, Ohio 43240 and is authorized to do business in the Commonwealth of Pennsylvania. 2. The Defendant, Andree A. Felix, is an individual whose last known address is 234 River Avenue, Apt. 69, Patchogue, NY 11772-3353. 3. On or about May 26, 2006, Defendant executed a Note in favor of Members 1 S` Federal Credit Union in the original principal amount of $102,000.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about May 26, 2006, as security for payment of the aforesaid Note, Defendant made, executed and delivered to Mortgage Electronic Registration Systems, Inc. as Nominee for Members 1 S` Federal Credit Union, its successors and assigns, a Mortgage in the original principal amount of $102,000.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania on May 26, 2006 in Mortgage Book Volume 1952 Page 523. A true and correct copy of said Mortgage, containing a description of the premises subject to the Mortgage ("Mortgaged Premises"), is marked Exhibit "B", attached hereto and made a part hereof. 5. Mortgage Electronic Registration Systems, Inc. as Nominee for Members 1s1 Federal Credit Union, its successors and assigns, assigned all of its right, title and interest in and to the Mortgage to JPMorgan Chase Bank, National Association pursuant to the terms of a certain Assignment of Mortgage, recorded in the office of the Recorder of Deeds of Cumberland County, Pennsylvania on June 18, 2012 at Instrument Number 201218126. A true and correct copy of said Assignment of 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 alia, failure to pay the monthly installments of principal and interest when due. Defendant is due for the February 1, 2012 payment. 8. On or about March 13, 2012, Defendant was mailed Notice of Intention to 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 May 31, 2012: Principal $94,767.73 Interest from January 1, 2012 through $ 2,665.35 May 31, 2012 Late Charges $ 99.24 Escrow Advance $ 143.97 Corporate Advances $ 13 8.00 Attorneys' Fees $ 825.00 Foreclosure Costs 353.75 TOTAL $98,993.04 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $98,993.04, 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 of the mortgaged property. GRENEN & BIRSIC, P.C. BY: 'III ~ Knstme 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 INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. e ~ ~ ~ NOTE LOAN il»>~r•~• . MAY 26TH, 2006 HARRISBURG PA [Date] [City] [State] 887 OLD SILVER SPRING R0, MECHANICSBURG, PA 17055 [Property Address] 1. BORROWER' S PROMISE TO PAY In return for a loan that I have received, I promise to pay U. S. $ 10 2 , 0 0 0 . o o (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is MEMBERS 1ST FEDERAL CREDIT UNION 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 who 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 wil! pay interest at a yearly rate of 6.750 The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. FAYMENTS (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 1ST day of each month beginning on JULY 1ST, 2006 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on JUNE 1ST, 2036 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at 5000 LOUISE DRIVE, MECHANICSBURG, PA 17055 or at a different place if required by the Note Holder. (B) Amoant of Monthly Payments My monthly payment will be in the amount of U. S. $ 6 61.5 7 4. BORROWER'S RIGAT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Princilal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepa~+rrtent to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Princtpal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. MULTISTATE FIXED RATE NOTE-Single Family-Fannie MaeiFreddie Mac UNIFORM INSTRUMENT ®~5N (0207) Form 3200 1101 VMP M ORTGAOE FOAMS • (800)521.7291Q Pape 1 0l 3 Initl~: ~ • • , 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the 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 me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. 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 FIFTEEN calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of principal and interest. 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, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that anwunt. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other moans. (D) No Waiver By Note Holder Even ii; at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. 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 right 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 given by 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 Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Suction 3(A) above or at a different address if I am given a notice of that 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 laeiep alI of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to beep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against oath person individually or against all of us together. This means that any one of us may be required to 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 Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. Form 32Q.p 1/p9 S N (0207) Ppo 2 of ~ InNiala: 10. UNYFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Irnerest 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 consern, 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 axeleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. i•M Ate" (Seal) (~1) ANDREE A FELIX -Borrower -Borrower (S~) (Seal) -Borrower -Borrowor Without RORD~R OF PAY T4 THE - (mil) -Borrower SunTrust Niortga9 ~ ~ -Borrower ~~~r+ Debore~? P • ~tl~s, e P t ~stder~t -Borrower -8orrotivor Without rac~urae, Ta4Y to the order of ~1°T~ fie' ~O' ~Slgn Ortglna! Only) Members 1st Pedesai Cs+edst Univa gy. ! /i.2~ x'.9'1 ~~.1~/L. Doors ~uaan - Assistant Vice PrCSideo~t of Rea! Estate Lt~durg -SN ~020~) P+oesora Form 3200 !!07 EXHIBIT "B" ~G ^:::~~;;T a. ~I~~[.Ei~ ~ I' . :`a I'1R~ 26 P1~ 1 5A Prepared By: DEBBIE HECKARD 5000 LODISE DRIVE MECHANICSBUR.G, PA 17055 (717) 795-6026 Return To: MEMBERS 1ST FEDERAL CREDIT t7NION 5000 LOUISE DRIVE MECHANICSBURG, PA 17055 717-795-5177 Parcel Number: 18-22-0519-001-UK887 Premises: 887 OLD SILVER SPRING RO MECHANICSBURG, PA 17055 [Space Above This Line For Rceording Data) liiIORTGAGE DEFINITIONS MIN 100010402035131972 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 MAY 26TH, 2006 , together with all Riders to this document. (B) "Borrower" is ANDREE A FELIX Borrower is the mortgagor under this Security Instrument. (C) "HERS" is Mortgage Electronic Registration Systems, Inc. HERS 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. MFRS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint MI 48501 2026, tel. (888) 679-HERS. FELIX t~~ PENNSYLVANIA -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERE -6A(PA) (9sea) Form 3038 1101 Pags 1 of 10 Iniltelc; VMP Mortq~q~ Solullona Inc. (800)521.7297 BK ! 952PG0523 i~~ (D)"Lender"is MEMBERS 15T FEDERAL CREDIT UNION Lender is a FEDERAL CREDIT UNION organized and existing under the laws of THE UNITED STATES OF AMERICA . Lender's address is 5000 LOUISE DRIVE, MECHANICSBURG, PA 17055 (E) "Note" means the promissory note signed by Borrower and dated MAY 26TH, 2006 The Note states that Borrower owes Lender ONE HUNDRED TWO THOUSAND AND NO/100 . Dollars (U. S. $ 102 , 0 0 0.0 0 )plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than JUNE 1ST, 2036 (F) 'Troperty" 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, plus interest. (I~ '~tiders" means atl Riders to this Security Instrument that aze executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ? Adjustable Rate Rider Condominium Rider Second Home Rider ? Balloon Rider Planned Unit Development Rider I-4 Family Rider ? VA Rider Biweekly Payment Rider Other(s) [specify] (n "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. (.n "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 similaz organization. (I~ "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similaz 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 cleazinghouse transfers. (L)'~scrow Items" means those items that are described in Section 3. (Nn "Miscellan®ous Proceeds" means any compensation, settlement, awazd of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section S) for: (i) damage to, or destruction of, the Property; (ii~ oondemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (1V) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the re~ulazly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. -6A(PA) rososy reo• 2 or is Form 3039 1101 .BK1952PG0524. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing re~tilation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or succes~r legislation or regulation that governs the same subject matter. As used in this Seauity IJistriirr~itt, "RESPA" refers to all regmrameiits and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Qa "Successor in Interest of Borrower" means any party that has taken title to the Froperty, whether or not that party has assumed Borrower's obligations under the Note andlor this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Iiistrurr~nt and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MFRS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MFRS, the following described property located in the COUNTY ('type of Recording Jurisdiction) Of CUI~ERLAND [Tiame of Recording Jurisdiction]: SCHEDULE "A" ATTACHED which currently has the address of 887 OLD SILVER SPRING RO [Street] MECHANICSBURG [City], Pennsylvania 17055 [Zip Code] ("Froperty Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, ap rtenances, and Sxtures now or hereafter a part of the property. All replacari~its and additions shall also be covered by this Security Iiistruit~t. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS,(as nominee for Lender and Lender's successors and assigns) has tl>c 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 limited to, releasing and canceling this Security Instrument. ~•6A(PAl (osoa) Paps 3 of 18 Form 3039 1101 ,,@K1952PG052S 1 ' ' . . . BORROWER COVENANTS that Borrower is lawfhlly seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property end that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Froperty 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 Sxurity Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment un~r the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank chock, treasurer's chock or cashier's check, provided any such chxk is drawn upon en 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 paymerds are insufficient to bring the Loan current. Lender may acxept 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 accxpted. If each Periodic Payment is applied as of its scheduled due date, then Leader 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 forecloswe. 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 Sxurity 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 suffiaont 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 a»y payment received from Borrower to the repayment of the Periodic Payments if; and to the extent that, each payment 1nNkl~: ' •6A{PA} (osoe~ Pace ~ of to E:orm 3039 1101 ~~tl952PG0525 < < can be paid in full. To the extent that any excess exists after the payment is applied to the full paymert 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 deseribexi in the Note. Any application of payments, insurance proceeds, or Miscelianoous 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 lttems. 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 iteans which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold paymens 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 amourts 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 ban 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 darned to be a covenant and agrament contained in this Security Instrument, as the phrase "covenant and agrees<nert" is used in Section 9. If Borrower is obligated to pay Escrow Items dirextly, 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 1tESPA, 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, instrume:ntality, 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 1tESPA. 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 agrament 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 agrce in writing, however, that interest Initials: ~ f -6A(PAl loses) Paoa s or is Forni 3039 1101 ~ r sszPCOSZ shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by 1tBSPA. 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 RFSPA. If there is a shortage of Funds held in escrow, as defined under 1tBSPA, Lender shall notify Borrower as roquired by 1tESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with ItESPA, but in no more than 12 montlily payments. If there is a deficiency of Funds held in escrow, as defined under RBSPA, Lender shall notify Borrower as required by RBSPA, and Borrower shall pay to Lender the amount nxessary to make up the deficiency in accordance with 1tBSPA, but in no rn~e than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrumcet, 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) agrces in writing to the payment of the obligation securod by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agrcement; (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 parading, but only until such proccedings 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 Properly 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 cone-time charge for a rest estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall kcep 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 roquires. 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 unreaso~bly. Lender may require Borrower to pay, in connection with this Loan, either: (a) a ono-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. -6AtPA) N508) rao• s or to Form 3039 1101 8K1.952PG05~28: 6. Occupancy. Borrower shall oxupy, 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 ffi least one year after the dffie 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 corrtrol. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Properly in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 thffi repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deteriorffiion or damage. If insurance or condemnffiion proceeds are paid in connection with damage to, or the taking o>y 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 obligffiion for the completion of such repair or restorffiion. Lender or its agent may make reasonable entries upon and inspections of the Properly. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice ffi the time of or prior to such an interior inspxtion specifying such reasonable cause. 8. Borrnrer's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting ffi the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate informffiion or statements to Lender (or failed to provide Lender with material infornration) in connection with the Loan. Material representations include, but are not limited tq representffiions concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of bender's Interest in the Property and Rights Under this Security Instrument. If {a) Borrower fails to perform the covenants and agre:xnents contained in this Security Instrument, (b) there is a legal proceeding thffi might significantly affect Lender's interest in the Property and/or rights under this Security I~tnurrent (such as a proceeding in bankruptcy, probffie, for condemnffiion or forfeiture, for enfa~cement of a lien which may attain priority over this Security Instrument or to enforce laws or regulffiions), or (c) Borrower has abandoned the Properly, then Lender may do and pay for whffiever 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 Properly, and securing andJor repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums sxured 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 tq entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminffie building or other code violffiions or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed thffi Lender incurs no liability for not taking any or all actions authorized under this Section 9. rau~aa: R" -6A(PA) tasoe~ Pays 8 of 18 Form 3038 1101 ~K ! 9.52PGOS~30 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 steal) 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 Ieasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately desigruded 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 payrr>ents that were due when the insurance coverage ceased to be in effect Lender will accept, use and retain these payments as anon-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 far Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designmted payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide anon-refundable loss resQirve, 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 }xovided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of furnls 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 reinsures, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive $om (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) Aay 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. Inilfala: BA(PA) tosoe~ rags 9 or t8 Form 3039 1101 B~( t~952PG05.31~ ' (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 Iaw. These rights may Include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; For[eiture. All Miscellaneous Proceeds are hereby assigned to and. shall be paid to Lender. If the Froperty is dammed, such Miscellaneous Proceeds still be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lenders security is not lessened. During such repair and restoration period, Lender shall have the right to hold Bch 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 restoresion in a single disbursement or in a series of progress payrnctits 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 rec(uired to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not eeononrically feasible or Lender's security would be lessened, the Miscellaneous Proceals shall be applied to the sums secured by this Security Instriirnent, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instruriient, 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 talang, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured 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 Mall 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 imrriedlately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneais Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Procsreds 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 Lenders judgment, could result in forfeiture of the Property or other material irnpairinent 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~itWs: /'f' 6A(PA) (Oaoe> Aope 10 of 18 Form 3039 1101 8~1952PG~532 . f dismissed with a ruling that, in Lender's judgment, prxludes forfeiture of the Property or other material impairment of Lendar's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lander 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 scans secured by this Sorority Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's aaxptatxx of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 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-signing this Security Instrument only to mortgage, grant and convey the c:o-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 agrce to extend, modify, forbear or make any acconvnodations 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, mall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Setxtrity Instrumern unle~ Lender gees to such release in writing. 'The crn+enants 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 acxi valuation foes. In regard to any other foes, the abxnce of express authority ~n this Security Instrument to tge a specific fce to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expre.~ly prohibited by this Socuxity In4trurnont or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan excxed 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 refimd by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will ~ treated as a partial prepayment without any prepayment charge (vvlxtlcer 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. Aii 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 -6A(PA1 tosoe> rape tt of ~e Form 3039 1101 BKi952PG0S33 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 BotTOwer shall constitute novice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice addre~ 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 mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument slmll net 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 Appliable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security In~rument. 16. Governing Law; Severabllity; 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 trans&rred) without Lendet'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 I S within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security In~rument without further notice or demand on Borrower. 19. Borrower's Rlght 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 far the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions aze 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 tnilids: i~-6A(PA) rosoe~ Paye 12 0(S6 Form 3039 1101 BKl952PG053~4~~ 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) t~sh; (b) money order, (c) certified check, bank check, treasurer's check or cashier's check, provided airy 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 atxxleration had occurred. However, this right to reinstate shall not apply in the case of aaxleration under Section 18. 20. Sale of Note; Change of Loan Servieer; Notice of Grievaace. 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 17ESPA 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 sucxessor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commerx:e, 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 arty duty owed by reason of, this Soeurity Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requiremer~s of Section 1 S) 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 aaxleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 2l: (a) "Hazardous Substances" are those substances defined es 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) "Em+ironmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Bnvironmental 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. sonar,: -6A(PA} rosos~ P+o. is of is Fonn 3039 1101 BKi9~2PG0535 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Subatarc~s, on or in the Property. Borrower shall not do, nor allow arryone else to do, anything affecting the Property (a} that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presarce, use, or release of a Hazardi~ 3ubatancx, creates a cotxiition that adversely affects the value of the Pro The preceding two sentences shall not apply to the presence, use, or storage on the Property osmall quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenrnce of the Property (including, but not limited to, hazardous substances in consumer products}. Borrower shall promptly give Larder written notice of (a} any investi~ion, claim, demand, lawsuit or other action by any governmental or regulatory agency or pnvate party mvalving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual lcpowlalge, (b} any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or eat of release of amy Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necxssary, Borrower stmll promptly take ail necessary remredial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lamer for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: ZZ. Acceleration; Remedies. Lender shall give notice to Borrower prior to ac~ekration following Borrower's breach of any covenant or agreement in this Searrlty Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure tike default; (c} when the default must be cured; and (d} that failure to cure the default as spedfied may result in accelaration of the sums secured by this Security Instrument, foreclosure by judidai proceeding and sale of the Property. Lender shall further infartn Borrower of the right to reinstatie after accaekrat)on and the r~ht to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower Eo acceleration and foreclosure. If the default is not cured as spedfled, 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 Judidal rooeaiirgl. Lender shalt be entitled to collect all expenses incurred in pursuing the remedies providdl in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. Z3. Release. Upon payment of all sums secured by this Security Instrument, this Secarity Inshument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Searrrty Instrument. Borrower shall pay an recordation costs. Lender may charge Borrower a fee for releasing this Security InstnumeM, but only if the fee is paid to a third party iior services rendered and the charging of the flee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in procealirrga to enforce this Seaurty Irrstrumarrt, and ha~eby waives the benefit of any presets or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff s sale or other sale pursuant to this Security Instrument. Zti. 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 Z7. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a,~udgmeM is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. Initials: -f-.i- -8A(PA) loses) P~qe 14 0l 18 Form 3039 1101 BK ~ 952PGO536 1 ~ 1 ~ , ~ AL.L 'THAT C1iRT/~3 wait in the property known, named and ide~tificd in the Declazation referenced to below as `"Walnut Villas Coadom'tniwn" locaxed in the $o~cougb of Mechanicsburg, Cv,mty of Cumber3a~nd, Commonwealth of pennsylvaaia, c~vhich has laexct~~ore been subinittcd to the ~ovisions of the Paztnsy~Ivania Unifoxm Goadorainium Act, 69 Pa. Cons. Stst Aan. Section 31flI et seq. (PLU+don Supg. I985), by the recordisig is the Office of the Recotdar of Dads of Cumberland Comuy, pcnnsylvania, of a Declaration of Condo%iaiwn dated July 30, 1985, and recorded on .A.ugvst I4, I985. in NfisceUaneous Book VoI.308, Page 147, which Declaration has been amended by s. First Acnendmcnt to Declaration of Cundomumia~aoa, dated December 31, 1985, and recorded on December ~ I, 185, in the aforesaid O~'ice at MisccIlaueovs Book 313, Page 133, being drsiguaixd in such Declarabion, as amended by sdels First Amendment, as Unit No. 887 as more fully dcscn'bed in such D~laratxon, ~ am~sded by such First Amendment, togcthcs with a prcfportiomte undivided intex~st in the Common Blemeats of sucfc Condo~ocaiuiwat as set forth in such Declaaration as amended by the First Arncndmcat sac. say futth~ amendanents thereto hereaRer recorded im the aforesaid office. UNL7ER AND SUBJECT to eny and all covcn~ts, contii~ions, restrictions, rights of way, easements and ~roacnents ofradrd, includeng (but not limited ta) those contained in the iustzsa~aents xccordcd itt the aforesaid Office in Miscellaneous Book Vol. 30~, Page 227 Miscellaneous Bpok Vo2.304, kegs 566. BKi952PG0537 ,r ~ BY SIGNING $ELOW, Borrower accepts and agrees to the terms and covenants contained in this Secwity Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: t'~ ANDRSEs' A FSLIX -Borrotiver -Borrower (Seal) (Seal) -Barrowor -Borrower (S~) -BOII'Owoi -Borrowor (Seal) (Seal) -Borrower -Borrowor -SA(PA) (osoa) Paps 75 of 16 Form 3039 1101 6i~~19.52PG0538 ~ . Cµ~o6erlao?d C4MM4NWEALTH 4F PENNSYLVANIA, DR;3fiPltTiar County ss: On this, the 26TH day of MAY 2006 ,before me, the undersigned officer, personally appeared ANDREE A FELIX known to me {or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrumatt and acknowledged that he/shelthey executed the same for the purposes herein contained. r IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: L'+:~,.- .'J ~ NOTARIAL SEAL i.,..rL..~~ - ° ~ Notary Public ~~a , ' ~ 't~ ~c~' NANCY L. ANDERSON, , ~ ; ~ ;e°" ~ . ; Hampden Twp., Cumborl~'td County ' ~ My Commission Expires Jan. 28, 2007 Title of Officer Certificate of Residence I, DEBBIE HECKARD , do hereby certify that the correct address of the within-named Mortgagce is P.0. Box 2026, Flint, MI 48501-2026. Witness my hand this 26TFI day of MAY 2006 Agent of Mortgagee Inigeia: -6A(PA) (oSOe> Psoe to or is Fonn 3039 1101 Bit ~ ~952PG0539 AZ.1, 'WHAT C~~,TtS,zN unit in the property lamwn, named and idartificd in the Declaration rofccrnced to below as `~7alnut Villas ~Condau~uiwn" located in t#~e Box+ongh of Ivicc~aaicsburg, Conmty of Cutnbctland, Cammouwc~utth of Pannsylvaaia, which has laa~et~foro been submitted to the provisions of the Pennsylvania LTixi£orm ' Condominium Act, 69 Pa. Coos. Stet Ana. Sectioa 31QI et seq. ~Piudoa ~upp.1985~, by •the recoxrfing i~n the Office of the Rccordax of ~ Deeds of Cumberland County, ~e~nnsylvania, of a Declaration of Condominium d$tad July 34; X985, and reeoxdect on ,August I4, I985, in Miscellaneous Book VaI.308, Page 147, which Declaratioa has been amended. by a kirst Amendment to Declaration of Condomwaium dated December 31, 1985, and recoxded on Dacernber 3 t, 1985, in the' aforesaid Office at Misccllaneouss Book 313, Page 133, being designated in such Declaration, as amandcd by scich First Amendment, as 1Jnit No. 887 as more f~ty de~n'bed in such Declaration, as arr~ended by such First Amendment, togeificr witk~ a proportionate undivided interest in the Common dements of sucl? Corzdorniniuut as set forth is such Declarataion aas amended by the First Amcndancnt inc. any further amendments thereto hereafter recorded ux tha aforesaid office. ZJriDER ANll S UBJLCT to any and all covenants, conditions, restrictions, rights of way, easements and as;rcaa~onts of rcacord, including (but not limited ta) those contained in the uistrumCnts recorded in the aforesaid Office in MiscellaQe~ous Book Vol. 304, Page 227 . Misce~Ianeous Suok VoI.304, kage S6f. S(~•~ULE "A" 0 BK.1952P605.4a ~ • . CONDOMINIUM RIDER THIS CONDOMINIUM RIDER is made this 26TH day of MAY 2006 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of That, or Security Deed (the "Security instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to MEI!?BBRS 1ST FBDERAL CRBDIT UNION "Lender") of the same date and covering the Property described in the Security Instrument and locked at: 8$7 OLD SILVER SPRING RO, MBCHANICSBURG, PA 17055 [Property Address] The Property includes a unit in, together with an undivided interest in the common elements of, a condominium project known as: WALNUT VILLAS CONDOMINIUM [Name of Candominiam Project] (the "Condominium Project"). If the owners association or other entity which acts for the Condominium Project (the "Owners Association") holds title to property for the benefit or use of its members or shareholders, the Properly also includes Borrower's interest in the Owners Association and the uses, proceeds and benefits of Borrower's interesk CONDOMIl~IIUM COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. Condominium Obligations. Borrower shall perform aII of Borrower's obligations under the Condominium Project's Constituent Documents. The "Constituent Documents" are the: (i) Declaration or any other document which creates the Condominium Project; (ii) by-laws; (iii) code of regulations; and (iv) other equivalent documents. Borrower shall promptly pay, when due, a[i dues and assessmerrts imposed pursuant to the Constituent Documents. B. Property Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, a "master" or "blanket" policy on the Condominium Project which is satisfactory to Lender and which provides insurance coverage in the atYaunts (including deductible levels), for the periods, and against loss by fire, hazards included within the term "extended coverage," and any other hazards, including, but not limited to, earthquakes and floods, from which Lender requires insurance, MULTISTATE CONOOMiN1U~ngle Famtty-Fanrtts MaslFreddta Mac UNIFORM INSTRUMENT F>$LIX BR (0008) Form 31 1~(Q,1 Page 1 of 3 Initials: VMP MORTGAGi` FORMS - (800)521-7291 g1t1~952P605~~1 • , then: (i) Lender waives the provision in Section 3 for the Periodic Payment to Lender of the yearly premium installments for property insurance on the Property; and (ii) Borrower's obligation under Section 5 to maintain property insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners AssoaatlOn policy. What Lender requires as a condition of this waiver can change during the term of the Loan. Borrower shall give Lender prompt notice of any lapse in required property insurance coverage provided by the master or blanket policy. In the event of a distribution of property insurance procxeds in lieu of restoration or repair following a loss to the Property, whether to the unit or to conunon elements, any procoeds payable to Borrower are hereby assigned and shall be paid to Lender for application to the sums secured by the Security Instrument, whethex or not then due, with the excess, if any, paid to Borrower. C. Public Liability Insurance. Borrower shall take such actions as may be reasonable to insure that the Owners Association maintains a public liability insurance policy acceptable in form, amount, and extent of coverage to Lender. D. Condemnation. The procceds of any award or claim for damages, direct or consequential, payable to Borrower in connection with any condemnation or other taking of all or any part of the Property, whether of the unit or of the common elements, or for any conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Such procceds shall be applied by Lender to the sums secured by the Security Instrument as provided in Section l 1. E. Lender's Prior Consent. Borrower shall not, except after notice to Lender and with Lender's prior written consent, either partition or subdivide the Property or consent to: (i) the abandonment or termination of the Condominium Project, except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (ii) any amendment to any provision of the Constituent Documents if the provision is for the express benefit of Lender; (iii) termination of professional management and assumption of self-management of the Owners Association; or tiv) any action which would have the effect of rendering the public Iiability insurance coverage maintained by the Owners Association unacceptable to Lender. F. Remedies. If Borrower does not pay condominium dues and assessments when due, then Lender may pay them. Any amounts disbursed by Lender under this paragraph F shall become additional debt of Borrower secured by the Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. tnitiats:~T " 8R (0008) Page 2 of 3 Form 3140 1101 B~# 1~~952PG05~2 BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this Condominium Rider. ~,d ~ - (seal) csca>> ANDREE A FELIX -Borrower -Borrower (Seal) -Borrower -Borrower -Borrower -Borrower (Seal) (Seal} -Borrower -Borrower ~-8R (0008) Page 3 of 3 Form 3940 9109 1 Certify this to be recorded In Cumberland County PA a ~ a" n (i, -s~frn ~s G Recorder of Deeds BK 1.9~~`PG~05~3 EXHIBIT "C" ROBERT P. ZIEGLER RECORDER OF DEEDS ~ ~ CUMBERLAND COUNTY . ~ 1 COURTHOUSE SQUARE ~ CARLISLE, PA 17013 -r ~ , 717-240-6370 ° Instrument Number - 201218126 Recorded On 6/188012 At 2:32:30 PM * Total Pages - 3 * Instrument Type -ASSIGNMENT OF MORTGAGE Invoice Number -110804 User ID - MBL * Mortgagor - FELI?t, ANDREE A * Mortgagee - JPMORGAN CHASE BANK N A * Customer -NATIONWIDE TITLE CLEARING * FEES STATE T~RIT TAX $o . 5o Certif cation Page STATE JCS/ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES - $11.50 RECORDER OF DEEDS This page is now part PARCEL CERTIFICATION $10.00 FEES of this legal document. COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $50.50 I Certify this to be recorded in Cumberland County PA RDER ~ 1)~EDS RECO O • -Information denoted by sn asterisk may change duria$ the verification process and may not be reflected on this pass. OQ37WG!! ~I~~~~ ~I~II~I " Prepared By /Return To: E.Lanee/NTC, 2100 Alt. 19 North, Palm Harbor, FL 34683 (800)346-9152 ~~wiltir .G Tax CodeJPIN: 18-22-0519-001-UK887 ~I ASSIGNMENT OF MORTGAGE Contact ,iPMORGAN CHASE BANK, N.A. for this instrument 780 Kansas Lane, Suite A, Monroe, LA 71?A3, tekphone # (866) 756-8747, which is responsible for receiving payments. FOR GOOD AND VALUABLE CONSIDERATION, the sufficiency of which is hereby acknowledgged, the undersigned, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMIINEEE FOR MEMBERS 1ST FEDERAL CREDIT UNION, ITS SUCCESSORS AND ASSIGNS PO BOX 2026, FLINT, MI, 48501 (HERS Address: 1901 E Voorhees Street, Su]te C, Danville, IL 61834) by these presents dots convey, grant, sell, assign, transfer and set over the described Mort a therein together with all interest secured thereby, alt liens, and an rights due or to become due thereon to ORGAN CHASE BANK, NATIONAL ASSOCIATION, WHOSE ADDRESS IS 700 KANSAS LANE, MC 8000, MONROE, LA 71203 (866)756.8747, ITS SUCCESSORS OR ASSIGNS, (ASSIGNEE). Said Mortgage is dated OS/26J2006, in the amount of S102,000.00, made by ANDREE A. FELIX to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded on 05!26/2006, in the Office of the Recorder of Deeds of CUMBERLAND County, Pennsylvania, in Book 1952, Page 523, and/or Document # n/a. . Property is commonly known as: 887 OLD SILVER SPRING RD. BORO.OF MECHAN]CSBURG, MECHANICSBURG~,~PA 17055. Dated on ~ s I ,1 /ZO l2 (MM/DD/YYYY) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR MEMBERS 1ST FEDERAL CREDIT UNION, ITS SUCCESSORS AND ASSIGNS By: ~wt,,~',? . VICE PRESIDENT JPCAS 16504296 -CHASE CJ3805917 N4 MIN 100010402035131972 HERS PHONE 1-888-674-MFRS FRMPA 1 f 1 * 16soaz96* r~~~ STATE OF LOUISIANA PARISH OF OUACHITA Bef re me on 12012 (MM/DD/YYYY), personally CTRONIC t n i ~ ~ ~?.~t h as VICE PRESIDENT of MORTGAGE ELE REGISTRATION SYSTE S, INC. AS NOMINEE FOR MEMBERS 1ST FEDERAL CREDIT UNION, 1TS SUCCESSORS AND ASSIGNS, who being authorized to do so, executed the foregoing inswment for the Iiuurposes therein contained by his/herhheir free act and deed. He/she/they is {are) personally known Io me. Notary Public -State of LOUISIANA ? I Commission expirts: Upon My Death Assi~rimeet of Mortgage from: MURTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR MEMBERS 1ST FEDERAL CREDIT UNION, I1'S SUCCESSORS AND ASSIGNS PO BOX 2026, FLINT, MI, 48501 (HERS Address: 1901 E Voorhees Street, Suite C, Danville, IL 61834) to: M 8008, MONRO ELAA71203 (A866)756-8747~ITS UC CNESSORS OR ASSIGFNS, (ASS GNEESAS LANE, Mortgagor. ANDREE A. FELIIX When Recorded Return To: JPMorgan Chase Bank. NA C/O NTC 2100 Alt. 19 North Palm Harbor, FL 34683 All that certain loi or piece of ground situated in Mortgage Premise: 887 OLD SILVER SPRING RD. BORO.OF MECHANICSBURG MECHANICSBURG, PA 17055 CUMBERLAND (Borough or Township, if stated), Commonwealth of Pennsylvania. Being more particularly described in said mortgage. I, ~,.,y~ (A S('~ , do certify that the precise address of the within named assignee is: JPMORGAN CHASE BANK, NATIONAL ASSOC1AT10N, WHOSE ADDRESS IS 700 KANSAS LANE, MC 8000, MONROE, LA 71203 {866)756-8747, TfS SUCCESSORS OR ASSIGNS, (ASSIGNEE) By. - e- VICE PRESIDENT * 16504296* IPCAS 165042 --CHASE 033805917 N4 MAV 100010402035131972 HERS PHONE 1-888-679-HERS FRMPAI ~~I~ *16504296* . r~~ ~ ~ ~Q i ti{~~~3 ~~,R~Y~ FORM 1 ~2 S~~ p~ 2~ JPMorgan Chase Bank, IN THE COURT OF COMMON CQ~l''~~~t' National Association, CUMBERLAND COUNTY, PENN 'S~LVQ~~~ Plaintiff(s) vs. Andree A. Felix, Defendant(s) ~ J ~Z5 ~ Civil i 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 to participate in acourt-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 a Conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717)243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a COnCiliatlOn COnferenCe. It iS nOt necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. 1F YOU WISH TO SA VE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQt11RED BY THIS NOTICE. THIS PROGRAM 13 FREE. Re ectfully submitted: 8/29/12 Date Signature of Counsel for Plaintiff FORM 2 Cumberland County Resldentla/ Mortgage Foreclosure Diversfon Program FJnancla/ 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; State: Zip: Is the property for sale? Yes ? No ? Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied: Yes ? No ? Mailing Address (if different) City; State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? First Mortgage Lender: Type of Loan: 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 ? No ? If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2: Model: Year: Amount owed: Value: Other transportation (automobiles boats, motorcycles): Model: Year: Amount owed: Value: Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2, Monthly Gross Monthly Net 3, Monthly Gross Monthly Net Additional Income Description (not wages): 1, Monthly Amount: 2. Monthly Amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses• (Please only include expenses you are currently paving) EXPENSE AMOUNT EXPENSE AMOUNT Mort age 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/Tuit. 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): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? No 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 your delinquency? Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I/We, ,authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/we understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Date Borrower Signature Date Please forward this document along with the following information to lender and lender counsel: ~ 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 ~ Letter explaining reason for delinquency and any supporting documentation ~ (hardship letter) Listing agreement (if property is currently on the market) ~ Copy of 2 years of federal income tax returns ~ Copy of deed FORM 3 JPMorgan Chase Bank, IN THE COURT OF COMMON PLEAS OF National Association, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) . Andree A. Felix, Defendant(s) Civil REQUEST FOR CONC?LIATION CONFERENCE Pursuant to the Administrative Order dated , 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as 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 defendants primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program: and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel/Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date _ FORM 4 JPMorgan Chase Bank, IN THE COURT OF COMMON PLEAS OF National Association, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) . vs. Andree A. Felix, Defendant(s) Civil CASE MANAGEMENT ORDER AND NOW, this day of , 20 ,the defendant/borrower in the above-captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in acourt-supervised conciliation Conference on at M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the Plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 with the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK, CIVIL DIVISION NATIONAL ASSOCIATION, 17�cr, 7 rTJ Plaintiff, NO.: 12-5489 CJj 'D vs, TYPE OF PLEADING ADREE A. FELIX. Praecipe to Reinstate Civil Action- Complaint in Mortgage Foreclosure Defendant. FILED ON BEHALF OF PLAINTIFF: JPMorgan Chase Bank, National Association COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 FsN A.T"-y lU�IgDq 1,7 &3B j43 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA .IPMORGAN CHASE BANK, CIVIL DIVISION NATIONAL ASSOCIATION, Plaintiff, NO.: 12-5489 Vs. ADREE A. FELIX, Defendant. PRAECIPE TO REINSTATE CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE TO: PROTHONOTARY SI1ZJMADAM: Kindly reinstate the Civil Action - Complaint in Mortgage Foreclosure with respect to the abo\e-referenced matter and mark the docket accordingly. GRENEN & BIRSIC, P.C. BY: -- Kristine M. Anthou, Esquire Attorneys for Plaintiff ILEMOEFICE PHELAN HALLINAN, LLP OF TAE ?ROT HQ"T%orney for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 N13 JUN 13 Ati 10: 16 One Penn Center Plaza CUMBERLAND COUNTY Philadelphia, PA 19103 PENNSYLVANIA 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION : COURT OF COMMON PLEAS Plaintiff • CIVIL DIVISION • vs. • CUMBERLAND COUNTY ANDREE A. FELIX No. 2012-05489 Defendant • CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Entry of Appearance was served by regular mail on Defendant(s)on the date listed below: ANDREE A.FELIX 234 RIVER AVENUE,APARTMENT 69 PATCHOGUE,NY 11772-3353 Phelan Hallinan,LLP Date: f/(Z/`V By: G "'�„� Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Phelan Hallinan,LLP PHS#323433 FILED-OFFICE PHELAN HALLINAN, LLP OF THE PROTHON0Ti kt'#orney for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 2q13 JUN 13 J110. 16 One Penn Center Plaza Philadelphia, PA 19103 CUMBERLAND COUNTY 215-563-7000 FESiSYLVAiIA • JPMORGAN CHASE BANK, NATIONAL ASSOCIATION • COURT OF COMMON PLEAS • Plaintiff • CIVIL DIVISION vs. • CUMBERLAND COUNTY • ANDREE A. FELIX • No. 2012-05489 • Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance as counsel on behalf of the Plaintiff,JPMORGAN CHASE BANK, NATIONAL ASSOCIATION in the above captioned matter. Phelan Hallinan,LLP Date: l l �s 7/17 V By: Adam H. Davis,Esq.,Id.No.203034 Attorney for Plaintiff Phelan Hallinan,LLP PHS#323433