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HomeMy WebLinkAbout12-6517F.'~PILESCIients~l 141.'. Metro BankVI 141224.Canup B PerkinsVI741224.complaint Christopher E. Rice, Esquire Attorney LD. No. 90916 R. Christopher VanLandingham, Esquire Attorney LD. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY ~& FALL,ER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717)243-3341 Attorneys for Plaintiff' -~- ~ f~ METRO BANK, Plaintiff v. BONITA A. CANUF' and DEBRA .M. PERKINS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 - ~S~ ~ CIVIL TERM IN MORTGAGE FORECLOSURE; NOTICE You have been sued in court. if you wish to defencl against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the coux-t your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR. LAWYER A,T 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 LAVV'YER, THIS OFFICE MAC' BF ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY C)FFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE F'EE OR NO FEE: IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD A LAWy'ER Contact: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 1701 'Telephone (717) 249-3166 S ~v,~ ~1~3.~s~d ~~~ac~a~3 `~ ~~a8 ar?5 NOTICE REQUIRED UNDER THE FAIR DEBT COLLECTION PRACTICES AC7C, 15 U.S.C. §1601 (AS AMENDED) AND THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA. CON. STAT. ANN. §201, ET SEQ. ("THE, ACTS") To the extent the Acts may apply, please be advised of tlhe following: The amount of the original debt is stated in the Complaint attached hereto. 2. TIZe Plaintiff who is named in the attached Complaint is a Creditor to whom the debt is owed. The Creditor's law firm, Martson Deardorff Williams Otto Gilroy & Faller, is filing this Complaint on behalf of the Creditor. The debt desc;ribed in the Complaint attached hereto and evidenced by the copies of the note will be assumed to be valid by the Creditor''s law firm, unless the Debtor(s), within thirty (30) days after receipt of this notice, disputes the validity of the debt or some portion thereof. 4. If the Debtor] s) notifies the Creditor's law firm within thirty (30) days of the receipt of this notice th;~t the debt or any portion thereof is disputed, the Creditor's law firm will obtain verification of the debt and a copy of the verification will be mailed r.o the Debtor(s) by the Creditor's law firm. If the Creditor who is named as Plaintiff in the attached Complaint is not the original Creditor, and if the Debtor(s) makes a request to the Creditor's law firm within thirty days from the receipt of this notice, the name and address of t:he original Creditor will be mailed to the Debtor(s) by the Creditor's law firm. 6. Request can ibe made to: MARTSON DEARDORFF WILLIAMS OTTO GILF:OY & FALL,IR Attn: Christopher E. Rice, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 THIS DOCUMENT MAY BE CONSTRUETI AS AN ATTEMPT TO COLLECT A DEBT FOR THE PLAINTIFF AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Christopher E. Rice, Esquire ` . Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire - Attorney I.D. No. 307424 ~ '-' MARTSON DEARDORFF WILLIAMS OTTO GILROY ~& FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff METRO BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v~, NO. 2012 - ~ J ~ ~ CIVIL TF,Rh~1 BONITA A. CANUI' and DEBRA M. PERKINS, Defendants IN MORTGAGE FORECLOSURE. NOTICE OF RESIDENTIAL MORTGAGE ]FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. Ifyou own and live in the residential property which is the subject of this foreclosure action, you may he able to participate in acourt-supervised conciliation conference in an effort to resolve this matter with your lender. Ifyou do not have a lawyer, you must take the following steps 1:o be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (71.7) 243-9400 extension 2.510 or (800) 822-5288 extension 2S 10 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 that 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. Ifyou and your legal representative complete a financial worksheet in the forrnat 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. Ifyou 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 conciliation conference. It is not necessary i:or you to contact MidPenn Legal Services 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 nnust be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. ][f 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 proceetNs forward. IF' YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED I3Y THIS NOTICE. THIS PROGRAM IS FREE. Date Respectfully submitted: /% Christopher E. Rice. Esquire I.D. No. 90916 R. Christopher VanLandingham, Esdi.~ire LD. No. 307424 Ten East High Street Carlisle, P'A 17013-3093 (717) 243-3341 Date: ~' 0 ~ ~ ~ , 2012 Attorneys for Plaintiff Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket iI I30RROWBR REQUEST FOR HARDSHIP ASSISTANCE To complete~your request for hardship assistance, your lender must consider your circumstances tv determine possible options while working with your Please provide the following information to the best o:f your knowledge: Borrower name(s): Property Address: Ciiy: Is the property -.for sale? Realtor Name: Borrower Occupied? Mtuling Address (if different) Ci*y: Phone Numbers: State: Zip: __,_ Yes ^ No ^ Listing date: _Priee: $ Realtor Phone: Yes ^ No ^~~ ._~ Home: CeII: Email: # of people in household: How long? r ,. Mailing Address; , City: _ ;3tate: Zip: _. Phone Numbers: Home: Cell: Email: # of people in household: Haw long? . first Mortgage Lender: T}rpe of L,aan: Loan Number: Date ~S'ou Closed Your Loan: Second Mortgage Lender: _~~ Type of Loan: , Loan Number: Total Mortgage Payments Amount: $ Date of Last Payment: Primary Reason For Default: Included Taxes & Insurance: State: Zip: _,,_.^ Office: _ Other: _.~ Office: Other: Is the loan in E~ankruptcy? Yes ^ No ^ If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ _ Other Real Estate: $ $ _ Retirement Funds: $ y $ _ Investments: $ $ _ Checking: $ $ _ Savings: $ $ _ Otlzer: $ $ - Automobile #l: Model: year: Amount owed: Value: Automobile #2: Model: year: Amount owed: Value: Other translwrtation (automobiles boats, motorcycled: Model: ,. year: Amount owed: Value _ Monthly Income Name of Employers: 2. 3. Additional Income Description (not wages): I , monthly amount: 2, monthly amount: . Borrower Pay Days: Co-Borrower Pay Days: Monthly Exnenses:_(Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mort a e Foad 2 Mort Utilities _, Cat Pa ens Condo/Nei .Fees Auto Insurance Med. not covers Auto fue!/re airs Other ro . a ant Install. Loan Pa ent Cable TV Child Su ort/Alim. S endin Mone Da /Child Care/Tuit. Other erases Amount Available for Monthly Mortgage Payments Based on Income 8c Expenses: Have you been. working with a Housing Counseling Agency? Yes ^ No CI If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: _ );mail : ~._.~__.__. __.~ ._ ~_.._~ . _ _ _._..__ _ __ 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? - Yes ^ No ^ If ,yes, please indicate the status of those negotiations: Please provide the following information, if know, re€;arding your lender or lender'', loan servicing eampany: Lender's Contact (Name): phone: ____ Servicing Company (Name): Contact: I/We, ,authorize the above named to use/refer this information to my lenderlservicer for the sole purpose of evaluating my financial situation for possible mortgage options. UWe understand that; Ilwe arn/are under no obligation to use the services iprovided by the above named Borrower Signature Date Co-Borrower Signature hate Please #'orward this document along with the following information to tender and lender's counsel: Proof t:f income -Vt Past 2 bank statements V Proof of any expected income for the last 45 days 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) Phone: F`SILFSVC!ients~I 41'. ~]etro Bank`,I 141 '24.Canup & PerkinsVI 141224.complaint Christopher E. Rice, Esquire Attorney l.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSC-N LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff METRO BANK, Plaintiff v. BONITA A. CANUI' and DEBRA M. PERKII~IS, Defendants IN THE COURT OF COMMON PI_,EAS OF CUMBERLAND COt1NTY, PENNSYLVANIA NO. 201.2 - CIVIL TERh~1 IN MORTGAGE FORECLOSURE. COMPLAINT IN MORTGAG>E'. FORECLOSURE AND NOW, comes the Plaintiff, METRO BANK, by and through its attorneys, MARTSON DEARDORFF WILILIAMS OTTO GILROY & FALLER, and. files this Complaint in Mortgage Foreclosure upon the following: Plaintiff, Metro Bank., is a Pennsylvania Banking Corporation with a principal place of business at 3801 Paxton Street, Harrisburg, Pennsylvania 17111. 2. Defendants, Bonita A. Canup and Debra. M. Perkins, are adult individuals residing at 436 Longs Gap Road, Carlisle, Cumberland County, Pennsylvania. 17013 3. Defendants are the owners of the real property located at 436 Lo~~igs Gap Road, Carlisle, Cumberland County, Pennsylvania 17013 ("Real Property";I, and more fully described in a certain deed recorded in the Recorder of Deeds Office of Cumberland County. Book 256, Page 2943, which is subject to the Mortgage described belov~r. 4. On May 6, 2011, Defendants, in consideration of their indebtedness to Plaintiff in the amount of $106,000.00, made, executed and delivered to Plaintiff a Promissory Note in favor of Plaintiff (the "Note''). A true and correct copy of the Note is attached hereto as Exhibit "A." 5. As security for the performance of their obligations under the Note, Defendants, as Mortgagors, made, executed and delivered to Plaintiff, as Mortgagee, a mortgage ~.ipon the Real Property (.the "Mortgage"). A true and correct copy of the Mortgage containing a complete legal description of the Real Property is attached hereto and incorporated as Exhibit "B." 6. The Mortgage has not. been assigned. 7. Defendants are the owners of the Real Property, and Plaintiff knows of no other persons holding an ownership interest in the Real Property. 8. Plaintiff has made demand for payment of all sums due and owing thereunder, but payment has been refused. 9. Plaintiff provided Defendants with notice of the period in which Defendants' default may be cured, but Defendants have failed to cure their default. 10. As authorized under the Mortgage, the loan obligation to Plaintiff from the Defendants has been accelerated. 11. The total sum due and owing from Defendants under tlhe Note, as of September 12, 2012, is itemized as :Follows: Principal: $104,693.13 Late lees: $ 134.00 Interest as of September 12, 2012: $ 940.93 Court Costs and Fees (estimated): $ 500.00* Attorney Fees (estimated): $ 1.0,000.00 Total as of September 12, 2012: $116,268.06 Plus interest accruing at $18.90 per day from September 12, 2012, until paid in full. *To be determined by the Cumberland County Sherifjf'. 12. Plaintiff specifically reserves the right to increase the Court Cost,~s and Fees, and Attorney Fees listed above should additional services be requested and/or costsl'charges/fees be incurred as a result of the collection of the money owed. and foreclosure of the Real Property. 13. Pursuant to the notice provision of Act 6, 41 P.S. § 403 (the "Notice"l. Plaintiff sent a notice of intention to foreclose mortgage and of the mortgage assistance program dated August l , 2012, to Defendants by certified mail, return receipt requested. WHEREFOKE, Plaintiff demands judgment against Defendants under the Note in the amount of $1 l 6,268.06, plus interest from September 12, 2012, at the rate of $18.90 per day until the debt is paid in full. MARTSON LAW OFFICES r ~~ ~ ~~ ~ ~~`~~ ~'~ Christopher E. Rice, Esquire I.D. No. 90916 R. Christopher VanLandingham, Esquire I.D. No. 307424 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: Oc%~o ~P ~ ~'=( , 2012 Attorne~~s for Plaintiff This is a debt collecting firm attempting to collect a debt for Metro Bank. Any information obtained will be used for that purpose. EXHIBIT "A" LOAN f~ FIXED/ADJUSTABLE RATE NOTE (One-Year Treasury index-Rate Caps) THIS NOTE PROVIDES FOR A CHANGE IN MY FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. THIS NOTE LIMITS THEAMOUNT MYADJUSTABLE INTEREST RATE CAN (:RANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. J NAY 6, 2011 Harrisburg, PENNSYLVANIA (Date] [City] [State] 436 Longs Gap Road, Carlisle, PA 17013 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. 5106, 000.00 (this amount is called "Principal"), plus interest, to the order of Lender. Lender Is I~'rRO aAatc, A STATE CHARTERED BANK. will make all payments under this Note in the form of cash, check or money order. I understand that Lender may transfer this Note. Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.500$. The Interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pe~y both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Tlme and Place of Payments I will pay principal end interest by making a payment every month. I will make my monthly payments on the iST day of each month beginning on JULY 1, 2011. I will make these payments every month until I have paid all ofthe 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 attaE 1, 2041, 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 3801 PAxTOa STREET HARRISBURG, PA 17111 or at a different place 'rf required by the Note Holder. (B) Amount of My IniUel Monthly Paymente Each of my initial monthly payments will be in the amount of U. S. ;669.99. lfhis amount may change. (C) Monthly Payment Changes Changes in my monthly paymentwill reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount: of my monthly payment in accordance with Section 4 of this Note. 4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The initial fixed interest rate i will pay will change to an adjustable interest rate on the 1ST rtay of .ruaE, 2016 and the adjustable interest rate I will pay may change on that day every 12TH r»onth thereafter. The date on which my initial fixed interest rate changes to an adjustable interest rate, and each date on which my adjustable interest rate could change, is called a "Change Date," (B} Tho index Beginning with the first Change Date, my adjustable interest ratewill be based on an Index. The "Index" is the weekly average yield on United States Treasury securities adjusted to a constant maturity of one year, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date as called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that i:r based upon comparable information. The (Vote Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding THREE AND THREE-FOURTHS percentage point(s) ( 3.75D$ ) to the Current IndeX. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amountwill be my newinterest rate until the next Change Date. The Note Holder will then determine the amount ofthe monthly paymentthatwould be si.rfficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maduity Date at my new interest rate in substantially equal payments. 'The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than e. 500$ or less than 6.500$ . T~lereafter, my adjustable interest rate will never be increased or decreased on any single Change Date by more than Two percentage point(s) ( 2.000$ )from the rate of interest I have been paying for the preceding 12 month(s). My interest rate will never be greats! than 12.500$ or less than 6.500$. Initiala~ -~ MULTISTATE FIXEDiADJUSTABLE RATE NOTE-0NE-YEAR TREASURY INDEX-Single Family-Fannie Mae Uniform InsVUment Form 35221!01 &~ 1899.20070nline Documents, Inc. Page 1 of 3 F3522N07 07C5 LOAF ii : i (E} Effectfve Date of Changes My new interest ratewiil become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (~ Nottce of Changan The Note Holder will deliver or mail to me a notice of any changes in my initial fixed interest rate to an adjustable interest rate and of any changes in my adjustable interest rate before the effective date of any change. The notice will include the amount of my monthly payment, any information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is 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 this Note. i may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepaymentto the accrued and unpaid interest on the Prepaymentamount before applying my Prepayment to reduce the Principal amount otthis Note. ff I make a partial Prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to rly partial Prepayment may be offset by an interest rate increase. 6. LOAN CHARGES K 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 ~ (al any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any s,lms already collected from me that exceeded permitted limits wilt 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 tome. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I wiB pay a late charge to the Note Holder. The amount of the chal•ge will be s . oDD! of my overdue payment of principal and interest. I will pay this late charge promptly butonly once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the daft? it is due, 1 will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written natce telling me that'rf 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 that has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means (D) No Waiver By Note Holder Even il, 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 'rf I am in default at a later time. (E) Payment of Nota Holder's Coats and Expenses tf the Note Holder has required me to pay immediately in full es described above, the Note Holder will have the sight to 6e 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. 8. GNING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me un der this Note will be given by delivering it or by mailing it by first class mall tome at the Property Address above or at a. different address if I give the Note Holder a notice of my different address. Unless the Note Holder requires a different method, any notice that must be given to the Note Holder underthis Note will be given by mailing h byflrst class mail tothe Note Holder at the address stated in Section'3(A) above or at a different address 'rf ! am given a notice of that different address. 9. OBLIGATIONS OF PEASONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay thefull amountowed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note.. 10. WAIVERS i and any other person who has obligations underthis 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. 1'.. UNIFORM SECURED NOTE This Note is a un'rform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder underthis Note, a Mortgage, Deed of Trust, or Security Deed {the "Security Instrument"), dd~.,rayctyend the same date as this Note, protects the Note Holderfrom possible losses that might resultrf I do not keep i~'j i~is~~~ ~A % /~ Initials: J, ;,7y/ MULTISTATE FIXED/ACUUSTABLE RATE NOTE-0NE-YEAR TREASURY INDEx-Single Family-Fannie Mae Untlorm lnstrumeM Form 35221/01 ® less-2oW Online Doaimenta, Inc. Page 2 of 3 F3522NOT ~:»as LOAN #t~ ':hat i make in this Note. That Security Instrument describes how and under what condition<.1 I may be required to make mmediate payment in full of all amounts I owe under this Note. Some of those conditions read as follows: (A) Until my initial fixed interest rate changes to an adjustable interest rate underthe terrrls stated in Section 4 above, Jniform Covenant 18 of the Security instrument shall read as follows: 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 benefical interests transferred in a bond for deed, contractfor deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date 1:o a purchaser. If all or any part of the Property or any Interest in the Property is sold or transfenecl (or'rf Borrower is net a natural person and a beneficial interestin Bonower is sold ortransferred) without Lender's priorwritten consent, Lender may require immediate payment in full of all sums secured by this Security In:ltrument. However. this option shall not be exercised by Lenders such exercise is prohibited by Applicable Law. tf Lender exercises this option, Lender shall give Borrower notice of acceieration.'Ire 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. H Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security In<.strumentwithoutfurther notice or demand on Borrower. (B) When my initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section 4 above, Unrform Covenant 18 ofthe Security Instrument described in Section 11(A) above shall then cease to be in affect, and Un'rform Covenant 18 of the Securty Instrument shall instead read as follows: Transfer of the Property or a 8enefielel Inters:t In Borcowor. As used in this Section 1 B, "Interest in the Property" means any legal or beneficial interestin the Properly, including, but not limked 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. K ail or any part of the Property or any Interest in the Property is sold or transferred (or'rf Bonower is not a natural person and a beneficial interestin Borrower is sold ortransferred) without Lender's priorwritten consent, Lender may require immediate payment in full of all sums secured by this Security In<.ttrument. However, this option shall not be exercised by Lenders such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lenderto evaluate the intended transferee as 'rf a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and than the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as, a condition to Lender's consentto the loan assumption. Lender also may require the transferee to sign an assumption agreementthat is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Bonower will continue to be obligated under thel Note end this Securty Instrument unless Lender releases Borrower in writing. ff Lander exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than ~~0 days from the daRe the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. ff Borrowerfails to paythese sums priorto the expiration ofthis period, Lender may Invoke any remedies permitted by this Security Instrument without further notice or demand on Elonower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. I;Sea1) Honita A. Canup ~.%~ ~ ~~"' I; Saal ) Debra M. Perkina [Sign Original Only] MULTISTATE FIXEDfADJUSTABLE RATE NOTE-ONE-YEAR TREASURY INDEX-Single Femlly-Fennfe Mao Llnllorm Inatrumont Form 36221 /ot ® 1999.2007 Online 6xuments, Inc. Page 3 Of 3 F3522N07 0705 EXHIBIT "B" ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201114381 Recorded On 5/191201]. At 10:35:38 AM * Instrument Type -MORTGAGE Invoice Number - 87121 User ID - MBL * Mortgagor - CANUP, BONITA A * Mortgagee -METRO BANK * Customer - ABSTRACT CO OF CENTRAL PA INC * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $49..50 RECORDER OF DEEDS PARCEL C:ERTIFICA4'ION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAZD $200.00 * Total Pages - 24 I Certify this to be recorded in Cumberland County PA ~~4 Cf C Me® v ~a i7Ci0 Certification Page DO NOT DETACH This page is now part of this legal document. ~~~~~ ~~~ RECORDER O D EDS * -Information denoted by an asterisks may change during the verification process and may not be reflected on this page. AIIIIIIWIVIIIINIIII I~~~ ~~, ANGLE CASSEL METRO BANK 3801 PAXTON STREET HARRISBURG, PA 17111 71.7-412-6877 After Recording Return To: METRO BANK ATTN: FINAL :DOCUMENT DEPARTMENT 3801 PAXTON STREET HARRISBURG, PA 17111 AF~N #: 29-16-1097-070 APN # Ti.t1e Order No.s MT2011-34RC5 Escrow No.: MT2011-34RCS -- [Space Above This Line For Recording Data) LOAN #s MORTGAGE I'lllllll~n DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding 1:he usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated MAY 6, 2011, together with all Riders to this document. (B) "Borrower" IS BONITA A. CANUP AND DEBRA M. PERKINS. Borrower is the mortgagor under this Security Instrument. (C) "Lender" is METRO SANK . Lender is a STATE CHARTERED BANx organized and existing under the IawS Of PENNSYLVANIA. Lender's address is 3801 PAXTON STREET, HARRISBURG, PA 17111. Lender is the mortgagee under this Security Instrument. j~,,,,~ Initials: ~,~,---~_-~ PENNSYLVANIA-Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 © t9s9-2007 Online Documents, Inc. Page 1 of 14 PAUDEED PAUDEDL 0709 LOAN ~: {D) "Note" means the promissory note signed by Borrower and dated MAY 6, 2011. The Note states that Borrower owes Lender **********************************•~****** ****************************************ONE HUNDRED SI% THOUSAND AND NO/100 *****,r**:********,r****,r****,t********,r*,r******* Dollars (U.S. $106,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than .TUNE 1, 2041. (E) "Property" means the property that is described below underthe heading "Transfer of Rights in the Property." {F) "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. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable): Adjustable Rate Rider C~ Condominium Rider [~ Second Home Rider ~~ Balloon Rider C~ Planned Unit Development Rider [X~ Other(s) [specify] ~~ 1-4 Family Rider C~ Biweekly Payment Rider MANUFACTURED HortE ~_~ V.A. Rider RIDER (H) "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. (I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments arnd other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer"means anytransferoffunds,otherthanatransactionoriginatedbycheck, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award ofdamages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) tor. (i} damage to, or destruction of, the Property; (ii) condemnation or other taking of ail or any part of i:he Property; (iii) conveyance in lieu of condemnation; or I;iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, r.~r default on, the Loan. {N) "Periodic Payment" means the regularly scheduled amount duefor (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (O) "RESPA"meanstheReal Estate SettlementProceduresAct:(12U.S.C.§2601 etseq.jandit_simplementing regulation, Regulation X (24 C.F.R. Part3500), as they might beamended fromtime tatime, oranyadditional orsu ccessor legislation orregulation that governs thesamesubject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even 'rf the Loan does not qual'rfy as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or• this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment ofthe Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants aind agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and conve to Initials: ~~~~ PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Fonm 3039 ~/off // ©1999-2007 Online C~ocuments, Inc. Pag@ 2 Of 14 PAUDEEDL 0709 LOAN # Lender the following described property located in the COUNTY [Type of Recording Jurisdiction] Of Cumberland [Name of Recording Jursdiction]: ALL THAT CERTAIN tract of land and improvements situate in North Middleton Township, Cumberland County, Pennsylvania more particularl}! bounded and described in Exhibit A attached hereto APN #: 29-16--1097-070 which currently has the address of 436 Longs Gap Road, Carlisle, [:>treet] [City) Pennsylvania 17013 ("Property Address"): [Zlp Code] TOGETHER WITH. all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument:. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations byjurisdiction to constitutes 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 far Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certrfied check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d} Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current Lender may accept any payment or partial payment insufficient to bring the Loan current, withoutwaiver of any rights hereunder or prejudice 4"o its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not ap lied earlier, Initials: ~>~~,~ i_ PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Foam 3039 1/o'I © 1999-2007 Online Documents, Inc. Page 3 Of 14 PAUD~DL 0709 LOADI ~ such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrowerfrom making payments due underthe 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 und~ar this Security Instrument, arrd then to reduce the principal balance of the Note. If Lender rereives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower tc the repayment of the Periodic Payments rf, .and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Woluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Procsaeds to principal due under thsa Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan„ Lender may require that Community Association Dues, Fees, and Assessments, rf any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall prornptly furnish to Lender all notices of amounts to be paid underthis Section. Borrower shall pay Lender tine 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 Ite:ms 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, theamounts dueforany Escrow Itemsforwhich paymentof Funds has been waived by Lender and, rf Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuantto a waiver, and Borrower fails to paythe 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 repayto Lenderany such amount, Lender rnayrevokethewaiver as toany oral) Escrow Items at any time by a notice given in accordancewith 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 anytime, collectand hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maxirnum 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 insurE~d by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured or Iszitials s (%~?/4(;, ~ PENNSYLVANIA-Sirn31e Family-Fannie Mae/Fraddie Mac UNIFORM INSTRUMENT Foam 3039 1/01 C~ 1999-2007 Online Documents, Inc. Pag@ 4 Of 14 PAUDE:DL 0709 LOAN Ik iri any Federal Ihome Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrowerfor holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the f=unds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. Ifthere is a surplus of Funds held in escrow, as defined under RESPA, Lender shall accountta Borrower far the excess funds in accordance with RESPA. Ifthere is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than '12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender, 4. Charges; Liens. Borrower shall pay all taxes, assessments, char<aes, fines, and irrrpositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, rf 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 lpriority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender"s opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority overthis 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 real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time cl-forge for flood zone determination, certrfication and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent chargers each time remappings or similar changes occur which reasonably might affect such determination or eert'rfication. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Aclency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any ]Initials: ~ ~}~(' PENNSYLVANIA--Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1 /07 J 1999-2007 Online Documents, Inc. Page 5 Of 191 PAUDEDL 0709 LOAN #:~ particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained, Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shaall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lander all receipts of paid premiums and renewal notices. If Borrower obtains any farm of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or notthe underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest t0 be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or otherthird parties, retained by Borrower shall not be paid out ofthe insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economicallyfeasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters, If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as siuch rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impairthe Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in orderto prevent the Propertyfrom deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 thatrepairor restoration is noteconomicallyfeasible, Borrower shall promptly repairthe Property Initial9: ~, l~y. PENNSYLVANIA-Sinr3le Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1101 ~ © 1999-2007 Online Documents, Inc. Pa9@ 6 of 14 PAUD:DL 0709 LOAD? # t rf damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. ff the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall bra in default 'rf, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, butare notlimited to, representaticnsconceming Borrower's occupancy afthe Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might signrficantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, cihange locks, replace or board up doors and wFndows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may taN;e action under this Section 9, Lender does not have to do so and is not under any duty or obligation l:o do so. It is agreed that Lender incurs no liability far not taking any or afl actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply wiith all the provisions of the lease. Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease. Borrower shall not, without the Express written consent of Lender, alter or amend the ground lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortga e,~I;n~~sura~n~c~e ]_nitialss ~Z~.~.i~~' PENNSYLVANIA-Single Family--Fannie MaelFreddie Mac UNIFORM INSTRUMENT Form 3039 1 /01 ~J t999-2007 Online Documents, Inc. Page 7 Of 191 PAUDEDL 0709 LOAN ~:~ coverage is not: available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased) to be in effect. Lender will accept, use and retain these payments as 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 for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premium:> for Mortgage Insurance, Borrower shall pay the premiums required to maintain Martgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity thatpurchases the Note) for certain losses it may incur rf Borrower does not repay the Loan as agreed. Borrower is not a parry '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 ather party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borcower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any -with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights 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 thatwere unearned atthe time of such cancellation or terminat(on. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby as:aigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be appliied to restoration or repair of i:he Property, rfthe restoration or repair is economicallyfeasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to eansure the work has been completed to Lender's satisfaction, provided thatsuch inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed, Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall nat be required to pay Borrower any interest or warnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's securitywould be lessened, the Miscellaneous Proceeds shall beapplied to the sums secured initials: PEtJNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 ©t 999-2007 Online Documents, Inc. Page 8 Of 14 PAUC7E_DL D709 ~. LOAN #: by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value ofthe Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due.. with the excess, if any, paid to Borrower, In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument imrediately 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) thefair marketvalue ofthe Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this 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 thatthe 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 awes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this; Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to res>toration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver.. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise mod iiy amortization ofthe sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. JointandSeveral Liability;Co-signers; SuccessorsandAsslgnsBound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and severed. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b} is not personally obligated toy pay the sums secured by Initials: ~~~'' f. '` PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1 /01 © 1999-2007 Online pocuments, Inc. Page 9 Of 14 PAUi7i=DL 0709 LOAN #: this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to exten , modify, forbear or make any accommodations with regard) to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to 1:he provisions of Section 18, any Successor in Interest crf Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability underthis Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall krind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Clharges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loam charges, and tkrat law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the arnount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from iBorrower which exceeded permitted limits will be refunded to Borrower, Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct paymentto Borrower. If a refund reduces principal, th~a reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct paymentto Borrowerwill constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent byother means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to (have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, 'the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrumen# shall be governed by federal taw and the law of the jurisdiction in which the Propert•~ 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 neuterwords or words of the feminine gender; (b) words in the singular shall mean and Initials: PENNSYLVANIA-Single Family--Fannie Mae/Freddle Mac UNIFORM IN£~TRUMENT Form 3039 1/01 © ~ 999-2007 Online Documents, Inc. Page 10 Of 14 PAUDLDL 0709 LOAN ~: include the plural and vice versa; and (c) the word "may" olives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and ofthis Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 1 S, "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, c;ontractfor deed, installment sales contract or escrow agreement, the intent ofwhich 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 tran sferred (or 'rf Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lenderrf such exercise is prohibited by Applicable Law, If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might .specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would k~e due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights underthis 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 ofthefollowing forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by afedel•al 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 rf no acceleration had occurred. However, thi:> right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Eorrower. 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 Nete. If there is a change of the Loan Servicer, Borrowerwill 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 a-nd any other information RESPA requires in connection with a notice of transfer of sen~icing. 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 Borrowerwill remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an ind vidual 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 and duty owed Initials: ~t ~' 1~,--~ PENNSYLVANIA-Single Family-Fannie Mae,~Freddfe Mac UNIFORM INS'iRUMENT Form 3039 1/01 ="~ © 1999-2007 Online Documents, Inc. Page 11 Of 14 PAUD~iDL 0709 LOAN #:~ by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) off such alleged breach and afforded the other party hereto a reasonable period after the giving of su<;h notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can betaken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 :;hall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21; (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, orwastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides,'/olatilesolvents, materials containing asbestos orformaldehycle, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environ mental Cleanu p. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding ivvo sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigatiion, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law, Nothing herein shall create any obligation an Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant. and agree as fellows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration fol lowing Borrower's breach of any covenant or agreement in this Security 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 the default; (c) when the defaultmust be cured; and (d) thatfailure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non~xlstence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument withoutfurther demand and may foreclose this Security Instrument by Judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender Initials: PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/oi C 1999-2007 Online Documents, Inc. Page 12 Of 14 PAUDEDL 0709 LOAN ~ shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower afeefor releasing this Security Instrument, but only'rfthe fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by AppN'icable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, leery and sale, arrd homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. .~.. J 1 ~r"ct'!~./llt . ~(r ~../rl/.~111~ --(Seal ) Bonita A. Canup ~~~ m "~~~'~~-- ._._ (Sea 1) Debra M. >,erkins PENNSYLVANIA--Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1 /0~ © 1999-2007 Online Documents, Inc. Page 13 of 19i PAUDEDL 0709 LOAN #: Commonwealth of PENNSYLVANIA County of CUMBERLAN; this, t ~ day of ~ '~ ~ before me, ~~ t unders'gned officer, personally ppeared Bonit Canup AN Debra M. Perkins, known to me (or satisfactorily proven) to be the person whose name<s) is/are subscribed to the within instrument and ac nowledged that he/she/they executed the same for the purposes therein contained. A In witness whereof I hereunto set my hand and off'ci,al seal. !,'~~ ~ My commission expires: Certificate„q~,Fiesidence ,// f , .JCS °~ ~ 1~ ~L, Rte, r do hereby certify that the correct address of the within-named Mortgagee is 3801 PABTON STREET, HARRISBURG, PA 17111 _,_~. Witness my hand this day of PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT © 1999-2007 Online Documents, Inc. Page 14 Of 14 _~!~ Agent Initials: Form 3039 ~ /0~ PAUDEDL 0709 --~- --- Exhibit A ALL THAT CERTAIN tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, as more fully described on a plan of lots entitled Subdivision Plan for Robert E. and Donna R. Martin, recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 82, Page 111, bounded and described as follows: BEGINNING at a point at the intersection of lands now or formerly of Raymond W. Anderson and a private road known as Bellaire Park Road; thence from said point of beginning and along said Bellaire Park Road, South 73 degrees 12 minutes 00 seconds East 68.91 feet to a point at Lot No. 1 of the aforementioned subdivision plan; thence along Lot No. 1 and also along the southern line of an unnamed 50 foot wide private right of way South 12 degrees 34 minutes 13 seconds West, 9.49 feet to an iron pin set; thence along the same by a curve to the left having a radius of 20.00 feet, an arc length of 31.42 feet, a chord bearing of South 57 degrees 34 minutes 13 seconds West, and a chord length of 28.28 feet to an iron pin set; thence along the same South 12 degrees 34 minutes 13 seconds West, 41.00 feet to an iron pin set; thence along the same by a curve to the right: having a radius of 216.25 feet, an arc length of 162.03 feet, a chord bearing of South 34 degrees 02 minutes 06 seconds West, and a chord length of 158.27 feet to an iron pin set at Lot No. 2 of the hereinafter mentioned subdivision plan; thence along Lot No. 2 and continuing along the southern line of the 50 foot wide private right of way by a curve to the right having a radius of 216.25 feet, an arc length of 247.22 feet, a chord bearing of South 88 degrees 15 minutes 00 seconds West, and a chord length of 233.97 feet to an iron set; thence North 59 degrees 00 minutes 00 seconds West, 22.88 feet to an iron pin set; thence leaving said private right of way and continuing along the dividing line between Lots Nos. 2 and 3 of the hereinafter mentioned subdivision plan, South 50 degrees 17 minutes OS seconds West, 167.06 feet to an iron pin set along lands now or formerly of Helen M. Kaseeta; thence :along said lands now or formerly of Helen M. Kaseeta, North 65 degrees 52 minutes 26 seconds West, 64.41 feet to an iron pin set; thence continuing along said lands now or formerly of Kaseeta, North 33 degrees 37 minutes 26 seconds West, 81.00 feet to an iron pin set; thence by the same North 44 degrees 32 minutes 26 seconds West, 107.96 feet to an iron pin set; thence by the same, North 59 degrees 45 minutes OS seconds East, 47.43 feet to an axel found at the line of lands now ar formerly of Charles Sheaffer; thence by said lands now or formerly of Charles Sheaffer, North 59 degrees 31 minutes Sd seconds East, 185.00 feet to an iron pin set: at line of lands now or formerly of Shirley A. Maurice; thence along said lands now or formerly of Shirley A. Maurice, North 70 degrees O1 minute 50 seconds East, 125.50 feet to an iron pin set at line of lands now or formerly of Raymond W. Anderson; thence along said lands now or formerly of Anderson, South 27 degrees 33 minutes 10 seconds East, 125,00 feet to an iron pin set at the dividing line between Lots Nos. 3 and 4 of the hereinafter mentioned subdivision plan; thence along said dividing line, South 31 degrees 00 minutes 00 seconds West, 82.67 feet to an iron pin on the northern side of an unnamed 50 foot wide private right of way; thence along said right of way line, South 59 degrees 00 minutes 00 seconds East, 22.88 feet to an iron pin set; thence by a curve to the left having a radius of 166.25 feet, an arc length of 314.62 feet, a chord bearing of North 66 degrees 47 minutes 07 seconds East and a chord length of 269.73 feet to a point; thence North 12 degrees 34 minutes 13 seconds East, 41.00 feet to a point; thence along the same by a curve to the left leaving a radius of 20.00 feet, an arc length of 31.42 feet, a chord bearing of North 32 degrees 25 minutes 47 seconds West, and a chord length of 28.28 feet to an iron pin set along line of lands now or formerly of Raymond W. Anderson.; thence along line of lands now or formerly of Raymond W. Anderson, North 68 degrees 10 minutes 35 seconds East, 25.79 feet to an iron pin set, being the Point and Place of BEGINNING. BEING Lot 3. BEING the same premises which Robert Elwood Martin and Donna R. Martin, by deed dated 4/10/02 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 251, Page 1222, granted and conveyed unto Bonita A. Canup and Debra M. Perkins. LOAN ~ FIXED/ADJUSTABLE RATE RIDER (One-Year Treasury Index-Rate Caps) THIS FIXED/ADJUSTABLE RATE RIDER is made this 6TH day of MAY, 2011 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned I;" orrower") to secure Borrower's Fixed/Adjustable Rate Note (the "Note") t0 METRO BANK, A STATE CHARTERED BANK ("Lender") of the same date and covering the property described in the Security Instrument and located at: 436 Longs Gap Roaa, Carlisle, pA Dols. THE NOTE PROVIDES FOR A CHANGE IN BORROWER'S FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. THE NOTE LIMITS THE AMOUNTTHE BORROWER'SADJUSTABLEINTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE BORROWER MUST PAY. ADDITIONAL COVENANTS. I n addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows; A.. ADJUSTABLE RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial fixed interest rate of 6.soo~. The Note also provides for a change in the initial fixed rate to an adjustable rate, as follows: 4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES ~A) Change Dates he initial fixed Interest rate I will pay will change to an adjustable interest rate on the 1ST day of JUNE, Zola and the adjustable interest rate I will pay may change on that day every 12TH month thereafter. The date on which m)r initial fixed Interest rate changes to an adjustable interest rate, and each date on which my adjustable interest rate could change, is called a "Change Date." ~B) The Index eglnning with the first Change Date, my adjustable interest rate will be based on an Index. The "Index" is the weekly average yield on United States Treasury securities adjusted to a constant maturity of one year, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index." MULTISTATEFDCED/AWUSTABLERATERIDER-ONE-YEARTREASURYINDEX-SingleFamify-FannleMaeUnff n Instrument Fnrm31821/01 Ittitlal3: © 1999-2007 Onliner Documents, Inc. Page 1 Of 4 F3182RDU F3182RLU 070 ~ LOAN ~: If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holderwill give me notice of this choice. ~C)Calculation of Changes efore each Change Date, the Note Holder will calculate m new interest rate by adding THREE AND THREE-FOURTHS percentage point(s~ ( s.~5o$) to the i:,urrent Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount well be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe atthe Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D)Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than s.5oo~ or less than 6.soo$. Thereafter, my adjustable interest rate will never k~e increased or decreased on any single Change Date by me>re than Two percentage point(s) ( z.ooo~) from the rate of interest I have been paying for the preceding 12 month(s). My interest rate will never be greater than iz.soo~ or less than 6.500. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a natice of any changes in my initial fixed interest rate to an adjustable interest rate and of any changes iii my adjustable interest rate before the effective date of any change. The notice will include the amount of my monthly payment, any information required by law to be given to me and also the title a.nd telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER 1. Until Borrower's initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section A above, Uniform Covenant 18 of the Security Instrument shall read as follows: Transfer of the Property to a Beneficial Nnterest in Barrower. 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 i nterests 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 purcl-user. MULTISTATE FDCED/ADJUSTABLERATERIDER-ONE-YEAR TREASURYINDEX-SingleFamihr-Fannie MaeUnrfo Instru nt F°rm 31s2 t/ot :[nitials: ~' ©1999-2007 Online Documents, Inc. Page 2 Of 4 F31 R2RLU 0705 LOAN #:~. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days fram 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 bythis Security Instrument withoutfurther notice or demand on Borrower. 2. When: Borrower's initial foced interest ratechanges to an adjustable interest rate under 1:he terms stated in Section A above, Uniform Covenant 18 of the Security Instrument described in Section B1 above shall then ceaseto be in effect, and the provisions of Uniform Covenant 18 of the Security Instrument shall be amended to react as follows: 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 theProperty, 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 said or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that L.ender's security will not be impaired by the loan assumption and that the risk of a breach of any covenantor agreement irl this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lenderand that obligates thetransfereeto keep all the promises and asreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. MULTISTATE FDCED/ADJUSTABLERATERIDER-ONE-YEARTREASURYINDEX-Single Family-FannieMaeUnif r Instrument Form 31821/01 Initials: ~ ' ©1999-2007 Online Documents, Inc. Page 3 Of 4 F3182RLU 070 LOAN #:~ If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security I nstrument. 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. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Fixed/Adjustable Rate Rider. ~ ~~~- (Seal ) Bonita A. Canup ~~ ~~C~~- v''-`- % "" ~ (Seal) Debra M. Perkins ~~ MULTISTATE FIXED/ADJUSTABLE RATE RIDER-ONE-YEAR TREASURY INDEX-Single Family-Fannie Mae U n'rform Instrument Form 3182 1 /01 ® 19x9-2007 Online Documents, Inc. Page 4 Of 4 F3182RLU G705 a LOAN ~s~ MANUFACTURED HOME RIDER TO THE MORTGAGE/ DEED OF TRUST/TRUST INDENTURE OR OTHER SECURITY INSTRUMENT 'i his Rider is made this 6TH day of MAY, 2011 and is incorporated into and shat l be deemed to amend and supplement the Mortgage/Deed of Trust/Trust indenture or Other Security Instrument (the "Security Instrument") of the same date given by the undersigned Bonita A. Canup AND Debra M. Perkins (the `Borrower") to secure Borrower's Note to METRO BANK, A STATE CHARTEREID BANK (the "Note Holder") of the same date (the "Note") and covering the property described in the Security Instrument and located at 436 Longs Gap Road, Carlisle, PA 17013 LE=GAL DESCRIPTION: (Property Address) ALL THAT CERTAIN tract of land and improvements situate in North Middleton Township, Cumberland County, Pennsylvania more: particularly bounded and described in Exhibit A attached hereto AF~N #: 29-16~-1097-070 Initials: ~~~_, Online Documents, Ina Page 1 Of 3 C~lHR GMHL 0908 ,~ LOAN #r iV10D1FICATIONS: In addition to the covenants and agreements made in the Security instrument, ,Borrowers and Note Holder further covenant and agree as follows: A. PROPERTY: Property, as the term is defined herein, :shall also encompass the following manufactured home (the "Manufactured Home"): New Used g Year Length _ Width Manufacturer/Make _ ~- Model Name or Model No. ~~ Serial No. ._-"~_ Serial No. ~-' Serial No. Serial No Certificate of Title Number x~ No Certificate of Title has been issued. E. ADDITIONAL COVENANTS OF BORROWER: (a) Borrower(s) covenant and agreethat they will comply with all state and local laws and regulations regarding the affixation of the Manufactured Home to the real property described herein including, but not limited to, surrendering the Certificate of Title (if required) and obtaining the requisite governmental approval and executing any documentation necessary to classify the A/lanufactured Home as real property under state and local law. (b) That the Manufactured Home described above shall be, at all times, and for all purposes, permanently affixed to and part of the real property legally described herein. (c) Borrower(s) covenant that affixing the Manufactured Horne to the real property legally described herein does not violate any zoning laws or other iocal requirements applicable to manufactured homes and further covenant that the Manufactured Homes has been delivered and insta-led to their satisfaction and is free from all defects. C, RESPONSIBILITY FOR IMPROVEMENTS: Note Holder/Lender shall not be responsible for any improvements made or to be made, or for their completion relating to the real property, and shall not in any way be considered a guarantor of performance by any person or parry providing or effecting such improvements. D. INVALID PROVISIONS: If any provision ofthis Security Instrument is declared invalid, illegal or unenforceable by a court of competent jurisdiction, then such invalid, illegal or unenforceable rovisions ,~ Initials: Online Documents, Inc:. Pege 2 Of 3 GI~1HL 0908 .~ shall be severed from this Security Instrument and the remainder enforced as i~ s invalid, illegal or unenforceable provision is not a part of this S~urity Instrument. By signing this, Borrower(s) agree to all of the above. d~L~hat r~, Lid/~Il,/n __(seal) Bonita A. Canup (Seal) Debra M. Perkins ` Online Dxuments, Inc, P899 3 of 3 GMHL 0908 R VERIFICATION I, John T. Robertson, as an employee of Metro Bank, acknowledge I have the authority to execute this Verification on behalf of Metro Bank and certify the foregoing Complaint in Mortgage Foreclosure is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this Complaint in Mortgage Foreclosure is that of counsel and not my own. I have read the document and to the extent the Complaint in Mortgage Foreclosure is based upon information which I have given to my counsel, it is true ,and correct to the best of my knowledge, information and belief. To the extent the content of the Complaint in Mortgage Foreclosure is that of counsel, I have relied upon counsel in making this Verification. 'This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Metro Bank _ .,_ _ --- hn ~, : lobertson _, F:~FI1bslClienU111412 Maro Built\I U12.24.Cenup B Perkins\11412.24.wmpluinl SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson - . Sheriff ~..`~„!..i.F?=?G. fY C..','l ~`{ TI t y t ~. .. Jody SSmith - ' ''rj Chief Deputy ~'(~ ~ ~}'~' -~ ~~ ~~: ~ ~ Richard W Stewart n S~l~li ~t~r Lr 0.J1 ~V~rIIL.%"~li liJ tJLVIi ~ }!A r R' ~~ ~'~ I..VA Pd l ~: Metro Bank vs. Case Number Bonita A. Canup (et al.) 2012-6517 SHERIFF'S RETURN OF SERVICE 10/26/2012 06:52 PM -Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be BONITA CANUP -HOUSE MATE, who accepted as "Adult Person in Charge" for Debra M. Perkins at 436 Longs Gap Road, North Middleton Townshio, Carlisle, PA 17013. r GUTSHALL, DEPUTY 10/26/2012 06:52 PN1 -Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Bonita A. Canup at 436 Longs Gap Road, North Middleton Township, Carlisle, PA 17013_ ~' ~ Yt ~ ,. GUTSHALL. UTY SHERIFF COST: $50.00 November 02. 2012 SO ANSWERS, / r RONf~1 R ANDERSON, SHERIFF