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HomeMy WebLinkAbout12-6673HALBERSTADT CURLEY LLC By: Scott M. Rothman Attorney Identification No. 201478 1100 E. Hector Street, Suite 425 Conshohocken, PA 19428 610 834 8819 610 834 8813 (fax) Attorneys for Plaintiff GMAC MORTGAGE, LLC 1100 Virginia Drive Fort Washington, PA 19034 Plaintiff v. ALI OBAIDULLAH SIDDIQUI SULTANA K. SIDDIQUI SAIFULLAH SIDDIQUI 101 Sherwood Drive Carlisle, PA 17015 Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION-QUIET TITLE c ~ -"• r;i~ o ~ T~ 2~ ~"~ -~ ~ ~i c»D -~ N .a ~~ c~ ~~ ~~ c-~ x~, ~. 3 z p A~ ca r .. _~ ._.# x- A NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 ~a3~ ~~~~ ~~~ C~ 793 6 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20} dies de plazo al partir de la fecha de la demanda y la notificacibn. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defenses o sus objeciones a las demander en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuer la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes pare usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ES CRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 HALBERSTADT CURLEY LLC By: Scott M. Rothman Attorney Identification No. 201478 1100 E. Hector Street, Suite 425 Conshohocken, PA 19428 610 834 8819 610 834 8813 (fax) Attorneys for Plaintiff GMAC MORTGAGE, LLC 1100 Virginia Drive Fort Washington, PA 19034 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION-QUIET TITLE Plaintiff v. ALI OBAIDULLAH SIDDIQUI SULTANA K. SIDDIQUI SAIFULLAH SIDDIQUI 101 Sherwood Drive Carlisle, PA 17015 Defendants. NO. COMPLAINT Plaintiff, GMAC Mortgage, LLC through its undersigned attorney, by way of Complaint brought pursuant to Pa. R.C.P. 1061 et seq., avers as follows: Plaintiff, herein is GMAC Mortgage, LLC, (hereinafter the "Plaintiff'), a limited liability company registered to conduct business in the Commonwealth of Pennsylvania, having a principal address as captioned above. 2. Defendants Saifullah Siddiqui, Sultana K. Siddiqui and Ali Obaidullah Siddiqui, and (hereinafter the "Defendants"), upon information and belief, are adult individuals who reside at the above captioned address. 3. Jurisdiction and venue are proper given that the real property at issue is located in Cumberland County. 4. The Property subject of this Action is designated as Parcel No. 38-OS-0433-022, the County of Cumberland, Commonwealth of Pennsylvania, and is commonly known as 101 Sherwood Drive, Carlisle, PA 17015. Said Property is more particularly described in the legal description attached hereto as Exhibit "A." 5. Pursuant to a deed (the "Deed") recorded with the Cumberland County Recorder of Deeds on March 31, 2000, in Book 218 at Page 546, title to the Property was vested with Defendants Saifullah Siddiqui and Sultana K. Siddiqui. A true and correct copy of the Deed is attached hereto as Exhibit "B." 6. Defendant Sultana K. Siddiqui executed and delivered to GreenPoint Mortgage Funding, Inc. a mortgage (the "Mortgage"), dated March 8, 2001, and recorded with the Cumberland County Recorder of Deeds on March 30, 2001, in Book 1685 at Page 235 describing with particularity the Property set forth in Paragraph 6 of this Complaint. A true and correct copy of the Mortgage is attached hereto as Exhibit "C." 7. Plaintiff herein is proper party plaintiff by pursuant to an Assignment of Mortgage dated July 2, 2007 in which Mortgage Electronic Systems, Inc., as nominee for GreenPoint Mortgage Funding, Inc. assigned all of its rights, title and interest in the Mortgage to GMAC Mortgage, LLC, recorded with the Cumberland County Recorder of Deeds on July 12, 2007, in Book 0738 at Page 2529. A true and correct copy of the Assignment of Mortgage is attached hereto as Exhibit "D." 8. Due to an apparent mistake, and despite the apparent intentions of the parties, Saifullah Siddiqui failed to execute the Mortgage. 9. At all times material and relevant hereto, Plaintiff and Defendants, Saifullah Siddiqui and Sultana K. Siddiqui, intended that the Mortgage encumber the Property, exclusively and without division, with a lien of the first priority, from and after March 8, 2001, as an instrument securing the loan given to the Defendants. 10. As the result of inadvertence, the Mortgage was recorded in the Cumberland County Recorder of Deeds Office without including Saifullah Siddiqui as a signor and mortgagor. 11. Upon information and belief, the parties intended for Saifullah Siddiqui to execute the Mortgage as a co-owner of the subject Property. 12. Pursuant to a Quit Claim Deed (the "Quit Claim Deed") recorded with the Cumberland County Recorder of Deeds on November 19, 2007, Instrument Number 200743420, Defendant Sultana K. Siddiqui quit claimed her interest in the property to herself and Ali Obaidullah Siddiqui. A true and correct copy of the Quit Claim Deed is attached hereto as Exhibit "E." 13. At the time the Quit Claim Deed was executed, the property was owned by Sultana K. Siddiqui and Saifullah Siddiqui, as tenants-by-the-entireties. As a result of the ownership by entireties, Sultana K. Siddiqui could not unilaterally convey the property without Saifullah Siddiqui, joining in said conveyance. Accordingly, the 2007 Deed is null and void. 14. Upon information and belief Saifullah Siddiqui was not deceased at the time the Quit Claim Deed was executed. 15. Unless the court reforms the Mortgage through the addition of Saifullah Siddiqui as a co-mortgagor, the Defendants will reap an unfair windfall as a result of having received loan proceeds that remain unsecured by the intended collateral. 16. Defendant Sultana K. Siddiqui executed and delivered to Plaintiff a Modification Agreement (the "Modification Agreement"), dated September 10, 2010, and recorded with the Cumberland County Recorder of Deeds on December 1, 2012, Instrument Number 201035106, modifying the Mortgage attached to the Complaint as Exhibit "C." A true and correct copy of the Modification Agreement is attached hereto as Exhibit "F." WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order with respect to the real property known as 101 Sherwood Drive, Carlisle, PA 17015 providing the following declaratory relief: a. The Mortgage attached hereto as Exhibit "C" shall be reformed Hunt pro tunc, either directly by Court Order, or through a Reformation of Mortgage instrument executed by the Prothonotary on behalf of Saifullah Siddiqui; b. The Quit Claim Deed is null and void because it was not signed by both individuals comprising the tenancy by the entireties; The Order shall direct that the Mortgage, as reformed, relates back to the original recording date of the original mortgage d. The Order and/or Reformation of Mortgage Instrument shall be accepted by the Office of the Recorder of Deeds for recordation within the chain of title to the subject Property; e. Taxable costs; Such other and further relief as the Court deems appropriate. HALBERSTADT CURLEY LLC Date: ~~ ~~~~~~ _ By: Scott M. Rothman ~-J VERIFICATION I~Ibert t~U~USt1riC , in my capacity as AuthOrizec~ Off cef' on behalf of Plaintiff hereby verify the factual statements contained in the foregoing Complaint are true and correct to the best of my present knowledge, information and belief. I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: ~) /Z Z f I Z ~11t320Tz~ ~~iCCf EXHIBIT A Exhibit "A" ALL THAT CEDRTANV tract of land 3ltueis in SNver Sprtrg Townahlp, t;umbariar+d oourtry, Psnnyrlvanja, bounded and de~rlbed aaoordln9 to a setxvey for Mary E. McCahsn, dated Au~uat 2. t97ti, try f~obeR G. Hart, Jr. E.D. as tdicwe: BEGINNINQ st a potnt h the center Yoe d tlw ~ rlgtww of-way lino of Faxanna Oriw. wM~d1 poht is refennwd TZ leaf to ttts oentsr line of the blteraactiort of Stte6rwa~d Road and Foxanna Drtvs; thaetoa akxtQ the saW aerner Ana of the teget right-ol-wey lines of Fexenna Drive. NoM 14 deyreea 12 minutes 3d aeoonds want 2A6.~ Beet to a point, tiwrtce along the catittte- ling ct the legal right-of-wtiy Ifns a13hs~+~rood Rtawd (T•503}, 5outlt 67 degrees 09 minutes 21.9.68 feet to a point, thanes alatg Lot Mo, i ro+N or Irrbe tormeity of Larry D. tiM6on, and through en Iron pin, P6 feet troth the raentw Ilea of Sttarwo0d Road (~T,f103} souNt 04 degrees 30 mtnutss seal, 208.3>! feet to an iral pin, thence abng Lot No. B north t!5 dagrotn 30 mkiutae oast 260 feet to a pokrt in the cantor fine of Fozanna DrNs, the place of beglrtrtmg. CONTAINING 1.345 Baas includlnp the dacAcaled righFOt-way and being lot no. ti8 on itte abotro rsferrod to' plan of Mary E McCahar~ es recorded In plan gook 2B page 69, Cumtxrtanrt County RaooWs having thereon erected a dwei~g hours known and numbered as t Of Sherwood Road, Carlisle Pannsylwania, PAACQ i+fO.39-05-1)433-022. BEING THE SAME PA~1lSE6 tM~t Athtttletn E. Emadl, etal by deed dated 9124l0Q and taootdvd 3131100 in Dees Gods 21 a page 546 Qranred and otetveyad unto sa9utial, Slddaui ansi sultana K Slddigai, hhr In fee. ~ooK~~ `~.:t5~. EXHIBIT B • l~ . ~ ~ '~p~3' aoBC,RT f. zl~ z ~ _. RECORC~•~ OF ~ ~' :-FA U - GUM{E~,pND CC ,~~ ~ 31 pig 2 19 Tax Parcel No.: D B B D THIS INDBNTURE, Mnds the 24th day of March 2000;,' BETWBEN Athusain B. Emadi and Aama A. Smadi his wife; and Nasirali A. Bmadi and Malska Emadi, his w1fe, by Athusain e. Bmedi, their attorney in fact; aad Asad A. Siddiqui, Obeid A. Siddiqui and Bbad A. Siddiqui, herein designated as the Grantors, AND Saifullah Siddiqui and Sultana K. Siddiqui, his wife, herein designated as the Grantees: wiTN83SHTf1,. that the said Grantor(s) for and in consideration of the sub of 51,!12,000.00 lawful money of the United States of America, to thA-Grantors in hand well and truly paid by the said Grantees, at or bslore the sealing and c+,elivsry of these presents, the receipt whereof is hereby acknowledged, and the Grantors being therewith Tully satisfied, do by these preseata grant, bargain, sell and convey unto the Grantees forever, their heirs and assigns, ALL that certain trsct of land situate in Silwr Spring 'leawnship, Cumberland County, Pennsylvania, bounded and described according to a survey for Mary S. McCahan, dated August 2, 1978, by Robert G. Hart, Jr., E.D., as follows: BEGINNING at a point in the cents line of the legal,iqht-of-way line of Foxanna Drive, which point is referenced 72 feet to the center lies of the intersection of Sherwood Road and lozanna Drive; thence along the said center 11ne of the lsgpl rightwf-way line of Fozanna Drives, North 14 degrees 12 minutes 30 second west 215.60 feat to a.poiat, tbeacs along the center line of the legal right- . of-way line of Sherwood Road (T-503), South 87 degrcea 09 minutca west, 218.68 feat to a point, thence along Lot No. 1, now or formerly of Larry D. Hiaaon, and through an iron pin, 25 fast from the center line of Sherwood Road (T-503) South 04 degrees 30 minutes Bast, 248.38 feet to as iron pin, thence along Lot No. 6, North 85 degrees 30 minutes East, 260 feet to a point fn the center line of Foxanne Drive, the place of Beginning. CONTAINING 1.345 acres including the dedicated right-of-way and being Lot No. 9b on the above referred to plan of Mary E. McCahan, as recorded in Plan Book 29, Page 89, Cumberland County Records. ( _ b~,Of ~' LFi Fa:: X46 _. -- _,_ ~ .-- Having thereon erected a dwelling house known and nusbered as 101 Sherwood Road, Carlisle, Pennsylvania. Being the same premises which Donald L. Bitnsr et al by their deed dated 12/8/81 and recorded is the Cumberland County Aecorder'a Otfics in, Deed look 33-5, Page 271 conveyed to.,-Athusain E. Emsdi and Nasirali A. Emsdi Grantors herein. Maleka E~sadi joins in this conveyance solely to convey any iri'teFest she has in .premises as wife of Nasirali A. Emsdi Grantors bit does not warrant title. The powers of attorney Eton Melaka Essdi and Nasirali A. Emsdi to Athusain 6. Emsdi are to be recorded herewith. Asad A. Siddiqui, Obeid A. Siddiqui and Ebad A. Siddiqui join in this conveyance to convey nay interest they have in the said premises because of an unrecorded sell-purchase agreement dated August / O , 1994. TOGETHER with all and singular, the said property, improvements, says, waters, water courses, rights, liberties, privileges, hereditaants and appurtenances whatsoever thereunto belonging, or in saywise appertaining; and the reversion and reversions, remainder and remainders, rents, issues sad profits thersol; and of every part and parcel thereof AND AL90 all the estates, right, title, interest, use, possession, property, claim and demand whatsoever, of tM Grantor(sy, both in law as in equity, of, in, acd to the premises herein doacribed and every part and parcel therso! with the appurtenances. 'r0 HAVE AND TO HOLD all and aingulsr the premises herein described together with the hereditaments and appurtenances unto the Grantees and to Grantees proper use and bwaelit forever ,--^ ~ AND the Grantors covenant that, except ae may be.,hersia set forth, ~ they do and sill forever specially entrant and defend the lands and premises, hereditsssats and appurtenances hereby conveyed against the Grantors and all other persons lawfully claiming the same or to claim the ease except that Athusain E. Emsdi and Asia A. Emsdi specially wesrant title only as to thesselves for liens or similar items created by thessalvea. ONDER AND SUBJECT to Acts of Assesbly, county and township ordinances, rights of public ueility and public service eospsaies, ezisting restrictions sad saseseats, visible or.of record, to the sztent that any persons or entities have acquizsd legal rights ttwreto. is ell references herein to any parties, persons, entities or corporations, the use of nay particular gender or the plural or singular number fs intended to includes the appropriate gender or masher as the tent of the within instrument may require. wherever in this instrument any party shall be designated or referred, to by name or goneral reference, such designation is intended to and shall have the same effect as if the cords "heirs, eon 218 -a~i 547 :\ executors, administrators, parwnal or legal rspresentativea, succeswrs and assignee had been inserted after each and every such designation. III MI'>'/S8S MHERSOl, the said Grantors have hereunto set their hands and seals the day and year first above written. Signed, sealed and Delivered, in the presence of: SS: pp ~b~~Q"}lea s.J~ h.»u~. "~'/}~? (~ Ste.-_~' ~ (sFaL) l~thusain 8. Ymadi / 11sma,R. Emndi A Nasiraii A. Emadi By: ~~~ (SERI.) His attorney in fact ~~ ~~ -~• (sEAL ) Melaka Enadi in SERL) t~ -(SERE) e i ' (SEAL) ddi Cosmonwealtt,,¢¢ of Psnnsy~ ~~l~v~,ppnia: county of (_+(!/ild~PC HI~MJ ON THIS, the ~,y 'day of Merch, 2000, before se, the undersigned officer, personally appeared Rthusain E. Ssadi. and Rsma A. Smadi his wife and Athusain E. Eoadi as attosney in fact for Hasirali R. Emadi and Msleka Emedf; and Asad A. Siddiqui, Obeid R. siddiqui and Ebad A. Siddiqui, known to me (or satisfactorily proven) to be the psrwa(s) whose nas+e(s) is/are subscribed to the within instrusent and acknowledged that he/she/they a:ecuted the sans being authorized to do so for the. purposes therein set forth. ,~.... 1.L+4C ~. ~. ~~. p ~:. ~`.~!~ .y HOTRRY PUBL C ~ . ~ : ~ ~'My Cosmi.ssion Expizes BUOK Qi.$ PaLi F _ r ~- - .r. I here certify, the address of the above-na~aed Grentes(a) to be: ltr~• : 'PA t~d~3 . ,,. ~: ;n ;:.. 4;r.,.e La .bp rB,:Cn@o r• ~,' r,, p of Da',:c ~ar~~ii: CAlrgir A', r~.;l,r, ~; rry ~~ ~ s.,~'I of effic~ M . ~. ~~~~ ~ ~ ~~ ~~ ~ ~ ~~ ~ ~- ~ ~ ~~ s~ S S ~i' ~i 8 8 ~4 8 8 S ~i 8 ~ D001( ~~8 PdGE $Q9 EXHIBIT C ;~ ~. ~ ~~ Prepared By: . ` , -~~s ~;; ~flfl 3 0 fl~ 10 `! 7 Return To: GreenPoint Mortgage Funding, Ina GreenPoint Mortgage Funding, Inc. 3000 Atrium Way, Suite 430 1100 Larkspur Landing Circle, Sulic 101 Mt. Laurel, hew Jersey 08054-3911 Larkspur, California 94939 Parcel Number: 38-OS-0433-022 ,__• ._.- -[Space Above TLIs i.ioc For Recordtn8 Dotal -__ MfJRTGAGE M[N 10t)4138n1026181887 °'ORIGINAL" DEFINITIONS 1~Vords used in multiple sections of this document are defined below and other words arc defined in Sections 3, t I, 13, I8, 20 and 2I. Certain rules regarding the usage of words used in this document are also provided in Section l6. (A) "Security Instrument" means this document, which is datedMareh s, 2001 , together with all Riders to this document. (B) "$nrrower" is Sultana 3iddiqui, A Married Wt~man Borrower is the mortgagor under this 5et:urity Instrument, (C) "l~1ERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporatiun that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and txisting under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint MI 48501-2026, tel. (888) 679-MERS. GHAT-05 0202b18188 pENNSYt,VANIA Single Femily • Fennld Mae/Frsddla Nlac UNIFDRM IN57RUMENT WITH MFRS Form 3039 1101 ®-6AIPAI ~o:osl ° .K.5 ?ape i ct td iro:ieir._S VMl>:VrO~7T[iAGc' FOgMS - I80bi621A297 (D)"Leader"ist3reenPoint Mortgage Funding, inc. Lender is a corporatlan organized and existing under the laws of The state Of N»w York , Leader's address is 1100 Larkspur Landing Circle, suite 101 Larkspur, California 94939 , (E) "Note" means the promissory note signed by Borrower and dateda[axch e , 2001 "I9te Note states that Borrower owes Lender One Xundred 81xty-FOUx Thousand Nina Hundred cad 00/100the Dollars (U.S. $ 164, so0. 00 )plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than April 1, 9031 (F} "Property" means the property that is described below under the heading "Transfer of Rights in the Propery." (G} "Loan" means the debt evidenced by the Note, plus `interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H} "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}: (_j Adjnsiable Rate Rider Condominium Rider Second Home Rider CJ Balloon Rider .Planned Unit bevelopment Rider ~ 1-4 Family Rider (~ VA Rider Biweekly Payment Rider (~ ether(s) [,specify) (n "~1~pplicable 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 al] applicable final, non-appealable judicial opinions. (,I} "Community Association Dots, Fees, and Assessments" means all dues, fees, assessments and other charges tha[ are imposed on Borrower or the Property by a condominium association, homeowners association or simllaz organization. (K) "Electronic Funds Transfer" rrteatts any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, ur magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an at:uwnt. 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, {),,) "Escrow Items" means those items that are described in Section 3. pv17 "Miscellaneous Proceeds" means any compt:nsation, settlement, award of damages, or prnceeds paid by arty third parry (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, We Property; {ii} condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value atidlor condition of the Property. (lr~ "\I[ortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. {U) "Periodic Payment" means the reguiazly scheduled amount due for (i) principal ;tnd interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. BEAT-OS -6A1PA) i000tl! Pops 1 0/ t6 ,~/~~ 0102618168 ~MNdli f~ Form 3039 7!a'f souk 16~a racy t236 ~...,, M ?nM (1 RA 1 A_ P7nP 7 ni 1 R (P) ''RESI'A" means the Rea! Estate Settltmeittt Procedures Art-(t2 U.S.C. Se;Ct(on 2b()l et seyJ and its implt:rru;uting regulation, Regulation X (24 C.F.R. Patrt 350Q). as they might be amended irom tune to time, ar any addttiottal or successor legalatioq or regulation that governs the same subject matter. As used in this Security insttuinettt. ''R1ErSPA" refers to all requxematts and restrsctions Hutt areampose<t in regard to a "federally related mortgage loan" ewer if the Loan does noc qualify as a "federally related mortgage loan" uudcr RESPA. (Q) "Successor in Interest of Borrower" t»eans any p that has taken title to the Pmpcrty, whether or not that parry has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSF&R OF RIGHT'S tN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of thr Note; and (ii) the performance of Borrower's wve7ttutts and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MFRS (solely as nominee for Lender and Lender's suct:essors and assigns) and to the successors and assigns of MFRS, the fallowing described property located in lhecouaty (Type or Rceordioq Jurisdiction,( of Cumberland lNarne of RecorcJtng Jurisdkuoal: As more particularly described in Exhibit "A" attached hereto and made a part hereof. which currently has the address of 101 Sherwood Drive (Strut) Carlisle (City), Pennsylvania 17013 (Zip Code) ("Property Address"): TOGETHER WITIi All the improvernenls now ar hereafter eretxed on the property, awd all t:ascrnenis, appurtenances, and fixturua now pt hereat3er a part of the property. All rcplat:enaents and additions steal) alsrt be covered by this Sepsrtty Inatrutttmt. All of the foreggo~i is referred to in this Security Instrument as the "Pr,~perty."' &nxowcr understaruls and agrees that MERE holds aniy legal title to the Interests gt'ruttrd by Borrower in this 5ec-uit~y Itssttument, but, if necess9ty to campy w'itb law or custom, MTRS (as nominee for Lender and Lender s sucat~sors sad assigns) has the rigitlt to exercise any or al) of tbose interests, incJVtiing. but not lilaitad to, dte right to farocfase and sell the Property; and to take any action required of Lender it5cludirtg, but not limited to, releasing and canceling this Security Instrument. SBAT-OS 0102618188 i„,r~ 5 K -6i0.(PA) poos~ rp~ 3 w t e Form 3039 1 /01 Ba~K~s~p~d~ ~3~ BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Praperty and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Properly against all claims acrd demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use anti non-uniform covenants with limited variations by Jurisdiction to constitute a uniform security instrument covering teat property. UNIFORM COVENANTS. $ormwer and Lender covenant end agree as follows: i. Payment of Principal, Interest, Escrow Items, Prepayment Charles, and Lnte 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 nnder the Note. Borrower shall also pay funds fox Escrow Items pursuant to Section 3. Payments due under the Note and lhis Security Instrlrtrrenl shalt be made in U.S. currency. However, if any chock or other instrument received by Lender as payment under the Note or this Security lnstrutnent is resumed to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: {a) cash; (b} money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits arc insured by a federal agency, instrumentality, or entity; or (d) Eteetranic Funds Transfer. Payments are deemed received by Lender when received at the locatioa designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to appty such payments at the time such payments aze accepted. !f 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, Leader shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note irrunediately ptiar to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Nore and this Security Instrument or performing the rnvenents and agreements secured by this Security Instrument. 2, Applfcadon of Payments or Proceeds. Except as otherwise described in this Section 2, al! payments aci;:epted and applied by Lender shall be applied in the following order of priority: {a) imerest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied First to late charges, second to any other amounts due under this Security Instrument, and then to reduce the ptirrcipal balance of the: Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment tray be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment sa~.m-os K S oioisieiea Irtitiab: S -6AlPA) SOOOaI Pspo4 of sa Form 3039 1101 souk 2SE~ rdc~. e~38 .,..r.,..~..n ,._._..:,,o can be paid in full, To the extent that any excess exists after the payment is applied to the full payment of one or mare Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment cltarga and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Pracads to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow steins. Borrower shall pay to Lender on the day Periodic Payrttents 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 rice or encumbrance on the Property; (b) leasehold paynments or ground rents on the Property, if any; (c} premiums for any and a[1 insurance required by Lender under Section 5; and (d} Mortgage Insurance premiums, if any, or any avtns payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of 5eetion 14. These items aze called "Escrow Items. " At origination or at any time during the term of the Loan, Lender may require that Community Association Aues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or aIi Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such paymcttt within such time period as Lender may require. Borrower's obligation to make such• payments and m provlda t~eseipts shall for all purpcis~s be deemed to be a covenant and agreeauutt contained iA title Security litstrurrieul, as the phrase "rAv~attt aad A$reettleitt" is used in Sectiatt 9. If Borcowtr is tlblgatal to pay Escrow Itrnrs ditextly, put:suartt to a waivar, and Borrower fails to pay the arriflunt titre Por an Escrow Item, Lender may exercise its rights under 3eetfos 9 sad pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amoun[. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, attd in such arrmunts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Fuads due on the basis of current data atxl reasonable estimates of expenditures of future Escrow Items or otherwise is accordance with Applicable i.aw, The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Flome Loan Bank. Lender shall apply the Funds to pay the E~row Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge, Unless an agreetnenl is made in writing or Applicable l.aw requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest BEAT-05 ,~ J 0102b1B188 mit~ew: cJ (~ •BAIPA- loooe, r.y. s yr ,6 Form 3038 'N01 souls ~~~i i~~~6 ~3~ shall be paid on the Funds. Lender shall give to Burrower, without charge, an atmuat accounting of the Funds as required by RESPA. If there is a surplus of Ponds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. tf there is a shortage of Funds held in escrow, as defined under RLSPA, Lender shall notify $orrower as required by RESPA, and Borrower shall pay to [.ender 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 w make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all soots secured by this Security instrument, Lender shall promptly refund to Borrower any Funds held by Lender. A. Charges; Liens. Borrower shall pay all taxes, assessments, charges, Ernes, and impositions attributable to the Property whict- can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if airy; and Community Association Dues, Fees, and Assessrrnatts, if any. To the extent that these items are Escrow Items, Bormwer shall pay them in the manner provided in Section 3. Borrower shall prorstptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; tb} contests the Ilex in good faith by, or defends against enforeenrcnt of the lien in, legal procxedings which in Lender's opinion operate to prevent the enforcement of the lien while those proccedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreemt:uut satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any pan of the Property is subject to a lien which cart attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within IO 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 tray require Borrower to pay aone-tithe charge for a real estate tax verification andlor reponing 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 toss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for wltieh Lender requires insurance. 'T'his insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pucsuant to the preceding sentences can change during the temt of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b} a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shalt also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with rite review of any {food zone determination resulting fmrri an objection by Borrower. HEAT-05 O1o26181.88 ~MliNs~ ~.• ~ (~ -6AIPA 1 fennel Pave e ~ i o Form 3039 1lD1 m 60UK1SFiJ PAC>; ,G~UU 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 partit:ulat type or amount of coverage, Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Bormwer's equity is the Property, or the contrnts of the Propcny, 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 insuuance t~verage so obtained might significantly extxed the cost of insurance that Borrower could Gave obtained. Any amounts disbursed by Lender under this Set.KlOn 5 shall become additional debt of Borrower secured by this Security Instrument. These aarottnts 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 payrttettt. All insurance policies required by I.ertder and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to under art retxipts of paid premiums and renewal notices. If 8orrowet obtains any form of insurance coverage, not otherwise required by Larder, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as r~rtgagee 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 toss if not made promptly by Borrower. Unless Lender and $orz'ower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shalt be applied to restoration or rcpatr 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 w 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. Lendet may disburse protxeds 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 is writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retsina! by Borrower shall not be paid out of We insurance proceeds and shall be the sole obligation of Borrower. If chc restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. if Borrower abandons the Property, Lender may flit, 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 pet3od will begin when the notice is give[. In either event, or if Lender acquires the Property under Scetion 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proc:ecds in an anwunt not to exceed the amounts'tmpaid under'the iVsrte or this Security lnstturnent, and (b) tuiy other of Borrower's rights (other than the eight to any re#'urrd of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Leader may use the insurance procceds either to repair or restore the Propery or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due, BBAT-OS 0102b16188 Int~WS: ~. -6R(PA) tocoe, rps i of ,s ~ Forth 3039 1/01 m ~euK~~~~i P~~ ~i41 .+, nnn.nn ~+o n~nn ~ of 1R 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 no[ be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maiatenatux and Protection of the Property; Iacpections. Borrower shall not destroy, damage or impair the Proptxty, allow the Property to deteriorate or commit waste on the Property. VYhether or not Borrower is residing in the Propttty, Borrower shall maintain the Property in order to prevent the Property from deteciocating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shat] promptly repair the Property if damaged to avoid firrdter det~ioratioa or datnage> If insurance or condemnation proceeds are paid in connection with damage to, C1r the tsititrg of. the Properly, Borrower shall be responsible far repairing ar restoring the Property only if Lender has-relett~d protxcds for such purposes. Leader may disburse proceeds for the repairs and rtxtt3rt-tiott in s single ptymcnt or in a series of progress payments as the work is completed. if the insurance or condemnation proceeds are not sufficient to repair or cestore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. bender nr 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 Ne Property. Lender shall give Bocrowet notice at the time of or prior to such as interior inspection specifying such reasonable cause. 8. Borrower's Loam Application. Borrower shall be in default if, during the Loan application process, Burrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or tAnseat gave materially false, mislteatding, or ineecurate information err statemcats to Lender (or failed to provide Leader with material information) in connection with the Loan. Material representations include, but arc not liatited to, representations concerning Bonower's occupancy of the Property as Borrower's principal residence. 9, Protection of Larttles''s Uttarcat to the Propdtty alnd ~ t3isd~t' this Seatrity Ytratrumaat. If (a} Borrower fails ter perfvrrn the caYensnts and agraentemts contaitsed'in this Stxrurity Insiruinettt, {b) ttrere is a legal proceeding that rmight stgpifrt:atrtty a~oct i.wder's 'interest in tht Property ~ui/ar tights tinder dais Security lnsnrunteat (such as a proaaiiag is bankruptcy, pt+ob~ste, for candczmration or forfeiture, for enforcement of a Nett which .may ~tsin priority over this Stxxtrilq .Instrument or to enforce tawv nr regulations), or (c} Borrower has abandoned the Property,. then Lender nosy do urd pay for whatever is reasonable ur appropriate to protect Lender's Interest in the Prt-perty turd rights- under this Security Instntmertt, including protecting sad/or assessing the valve of the Pra~perty, end securing andlvr repairng the Property. Lender's actions txtrr inciude,'but art not Wffited to: (tt) paying any sums stznrred by a 1Im ~vhicfi has priority aver this Security` Instrument; {b) appear;rtg in court; and, {c) paying n.+asonable attorneys' Pecs to pmtetx its interest in the Prtiptzrty wdlar rfgbta wader this Security Iasttumatt, including its secured position in a bitnkrttpttsy proceeding. Securing the Property includes, but. is not limited to, enter'srrg the Prapeaty to trislte repairs, change ]Dirks, replauce or board up doors and. windows, drain water from .pipes, clireunat+: building or other tilde violations or dasrgerous conditions, sad havr utilities turned on or uff, Although Ltntadcr may takt atxion under this Stsctiotti 9, Leaderdoes not havs to do so and is not under any duty or obligation. to do sv. It is agreed thst Linder incurs no ]lability for not taking any pr all actions attthoriged under this Sixtiaa 9. Br1AT - 0 5 (/~-tiAtPAI woos; Vspe 8 0! 46 BoUK~~CJ CAGE c`~~ 0102618188 Form 3Q38 ~/Ol r. nnni nt\.+n Il»r.ry'G n! 111 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Securlty lnstrttrnertt. 7"hese amounts shall bear interest at the Note rate from the date of disbursement and shall be payable. with such interest, upon notice frum Lender to Borrower requesting payment. If dais Security Instrument is on a leasehold. Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the property, the leasehold sad the fee title shalt not merge unless Lender agrees to the mergtt in writing.. 10. Mortgage Ltsartat~ee. T f Lender required Mortgage iasttrancc as a condition of making the loan. Borrower ahal3 pay tht' pta~ums requitact to ttaslntain the Mortgage hrsurarrce in effect. If, for any reason, the Mortgagd lnavramce coverage required by Lender eeas~es to be ~~ trom the mortgage insurer that previously provlded-Swab insuratrtre and B®rrower was required W matte separately designated payments toward the prerrnums for Mortgage ~~~ 3orrower shall pity the premiums required to obtain overage substantially equivalent to the Mortgage 1naWraaae previously iu effect, at a cast substantially cquivaleat to the cost w Borrower of the Maitg~t Ittsurmace previously in effect, fiom an .alternate mongaga irssut~cr selected by Lertrkx. If aubsittrttialllr equivalent Mortgage lnsurattcc coverage is not available. Harrower shall continue to pay to Ladder tht ttmourri of the atgtasately desigrwted payments that were due When the ittsurat>ee tsrvazage cased w be In eflett. 'Ltd wiU aasept, use and. recala these payments as anon-refundable loss reserve in lieu of Mortgage Insuratce. Such loss reserve shall be non-refundab3e, noiwithatanding the fact that the Loan is ultirctetdy pa~Cb in full, ~ Lender strait not be required to pity 13orrr<3wer auy irtteresror earnings on such low reserve. Lersder cart no longer require toes reserve payments if Mortgage Inca wverage Cin the aarount. artd for the period that Lender requires) provided. by as insurer selected by Lender agate becorttcs available, ,~ obtained, surd Lender requires separately duignatod payments toward the pteusiatns for Mortgage lrtsttctta~. If Lender required Mortgage [nsurattc~ as s ~ndition of itnaking :the Loan and 'Borrower was requlretl to make aepar~ely dNSignatod payments toward tare prtxniuiios far l++tortgage Insurance, Borrower shill paY the prettdunss required to maintain Mtxcgage lrrsurattce in eft'ect, or to 1>rcmYidc a ~n=rttitat3al~la loss reserve. uati3 txrnder`s requireareat for Mortgage ln:urarice antra In axordancx with say written agreematt beta+een Borrower and lender grovidirtg fax-stick ternrlnation ar antll termination is required by Applicable Law. Nothing m this Section TO affects Barrov+er's abl%gatipn tr> pa)+ interest at the rare provided is the Note. Mortgage Insurance reimburses Lender for any.e~tlty that gut~cltitsea the Nate) for certain losa~cs it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk,on aU such insurance to farce from, tithe to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. 'T7tesc agranaenis are on terms and conditions that are satisfactory to the taorcgage insurer and the, other party (or partiex) to these agreements. 'T'hese agreements may require the mortgage insurer m'}nake payrncttts using say avurtc of funds that the mortgage insurer may have available {wltitfi may include funds obtained from Mortgage Insurance pz~ms). pa a resuh of theseagrewrterrta, Lender, any Purchaser of the Note, another insurer, any reinsurer, any otlur entity, or any afrllact of'ariy of the foregoing, they .receive (directly or indirectly) amounts that derive front (or might be characteri~d aa) a portion of ;3ot~rovret's payments for Mortgage lnsurance, m exchange for sharing or tr~dlfying tare mortgage- insurer's risk, ar reducing losses. if such agreut>Gttt provides that an affiliate of Ltxrder takes a space of the Insurer's risk in axe for a share of the premiums. paid m the:ir}aurec, the arraagemeaE is often retested "aiptiKe reiruttrattce, " nether: (~ pot such agroemimty will not affdtst the ameuttts that IRurr+ort~er has agreed to pay for ?17ortgage Insurance, or Arty other Earths gat-the Lpstta. Stroh ttsreettuats will not Increase the amount Borrower trill owe for ',1~ortgage Insurance, sma they vvli) not entitle Borrower to any refund. HBAT-OS ®-6AfPA1 ioooaf m Vep" 9 ut 1 6 i;oax~sF~P~'~6E ~~ 0102618188 Form 3039 1/01 .~., nnn.nnn+a M,.n (1 of 1R (b) Any such agreements will not affect the rights Batzower has - if any -with respell to the Mortgage Insurance under the Homeowners Protection Act of 1995 ar any other law. These rights tray include the tight to receive certain disclosures, to request and obtain tcantcellation of the Mortgage Insurance, to have the Mortgage Iosurance terminated automatically, andlor to receive a refund of any Mortgage Insurance premiums that wtere unearned at the time of such cancellation or termination. 11. Assignment of Miscdlaneous Proceeds; l?brfeiture. All Miscellaneous Proceeds are hereby asagpnd to and shall be paid tv I.d>tder. If the Pmperty is damaged, arch Misexllaneaua Pt~icuda shall be applied to rtzittoratton or repair of the' Property. if the reswration or rclsa'u is econotriattly t~aa(ble and I,estder's setatrity is not lesaeneti. t?nring sndt repaix and restoration period, Lender shall have the rigAt to hold attcd Miscellaneous Protsleda until Lettdet Etas had. an opgiortunity to inaptxt anslt Prespe ty to eaasre the work has beret aamPi fed two Lender's satisfacsaon., provided titre such ipsprxxan shall bba andert~ten prot~tly. LbTider tnay ~y repairs and restoration in a single disbursement tar in :t series of pragreas PaY~~< aq the work (a completed. Unless an agreement is made in writing ar Applicable Law requires interest to be Paid on such.. Miscellaneous Proceeds, Lender shall trot be required to pay ]larrower tuts htttereat or eamiaga an syr~t' Miscellaneous Proceeds. If the restoration or repair is nest te:oonarmically fr~asible ar Larder's ttratrity would: be lessened, the Miscellaneous Proceeds shall be applied to the sums secttrrd by this Security [nstturnent, whettler or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall he applied in the order provided for in Section 2. In the event of a total taking, destntetion, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the ext~s, if arty, pt~ to Barrpwer. in tht event of a partial taking, destruction, or lase ffi value of the Prroperty n wh~h the fair tnadtet value of the Property itntttediately before tbt: -partial :taking, destrucxltiH, or loess in value is t>gttal to or greater than the atswttat of the sans tteCUrad by this security Insttutu~sr int~tediately before the partial taking, desttuctian, tir loses in value, tntlea Bttmnwer Brut Lttttder ath+erwiae agree in writing, the sntus stxtstcd by this Security hoswtnottt shall be zedt~aed by the att'ttsttnt. of tl-e Misce!]taaeous Praeeeds muldpiittx! by the fallowing fraction: {a) tltc tarsi tunount of the soma scented immediately befiue the. . dearaction, or toss in vahu divid®d >,y (b) the flat tseadta value of the Prcixecty t'~ dlat~rd~ ~eforn the Partial tek#ttg, destrutction, or loses in valna Any baCaarx shall he psid to Bonowcr. In tite event of a ptut3at takGtg, destructlott, or Coss in value of rise Property in which the fair market value of tire- Propmy lmnYxEistely before the partial taking, destWt~iott, or loss in value is less thane the atttottm of fire sums.-scented itius>otiiatdy bei'are the paniel talr3ag, deatratxian, >or lose- in value,. nnlesg Borrower and Lender otherwise agree in writing, tbE .MEsttxllattcous Praeeeds sdtaU be appliai to the earns secured by this S'rn:ttrlty Insttrutnen6 whether or not the soma are then due. If the. l~ropet9y is abandonal by Borrawcr, ar if, after notice by Lender to Borrower that the Apposing PiuYy (aa deed in .the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender vrithitr 3t) days.. rafter the date the notice is given, Lender is authorized ttx colltcct and apply°tbe Msocilaeeous Proceeds either to reetoratiaa dr repair of the Prapetty or co the sttttts secured: by this 5ecttrity Instrttaaent, wbethe[ or trot then due, "tstg Party" rtrans the third Party that owes Borrower I~listxlltuieous Proceeds or the Party against whom Borrower has a tight of action in regard to Miscellantous Proceeds. Borrower shall be in default if any action or prot•.eeding, 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 SHAT-O5 ~ t~ c 0102618188 Initials: 1~ J ®-6A~PA) t000t31 rase to of ttt Form 3039 '1701 64UIl~.~JtACE .~L~ . ,.,,„,,. ........ .......,, -., ,m dismissed with a ruling that, in i.ender's judgment, precludes forfeiture of the Property or other ruatetial impsirtnettt pf Leader's interest in the Property or rights utxicr thls Socuriry Instrument. The proceeds of any award a>r claim far damages that are attributable tc! the im'tpaltnotnt of Leader's interest in We Property art hereby assigt>eei and shall be paid to Leader. Ali Miacdianeoua Proceods that are not applied to restoration or repair of the Property shat! be applied in the order provided for in Section 2. ZZ. Borrower Not Released; Forbearance By Lea~dcr NTOt a Waiver, Eattension of the rime' far pay~tt ar trwdif`tattion of au>ottiawtion of the ie~ secured by .this S'lty I»etrtttrtaat :granted by Leatder to Bortmwer or any Sssor in latetrest of Sorrosrer shall atot operate to raleaae the liability of Barreswer or any Successors in lnte~rast of Barrowar. L shaft nat. be squired to txtmnrtatce procxedinga agaiattst any Sutxxssor in Ihtc-~at of i~onovter or to reftue to exnead tune for payrneot or otberwiite criadify aawrcizatbn of the soffit tcecas+rd by this Sodutit jr I3tstz~ttnent by rruon of ~pny demand matte by the original Borrower or say Succr~tara in laterest of Borrtrtver. Amy €orbeauzmcc by l tit exercising any ri>rht or srnedy includhtg, w4tltetttt fiadtati+m, Lendet''a attitttce of paytt~ts froth third persons, snit ea or Successors in;Int~vsst of 8orra'wcr or in idnounta less than the attiauat then due. ahatl sot 6e a waiver of or preclude the exercise of any right'or remedy. 13. Joint and Several Uabuily; Co•algtters; Sttta slid Atw Bewiod. Harrower covenants and agues-that li~owor's extrligationt and liab~iiry shall be ,joint and s+CviecaiS. However, any Borrower who co-signs this Secatrlty lnstrtmnertt but does not. axst+ttte the Mote (a "co-sigttetr`): (a) is ay-signir-g this Security >ttstrttrt~nt only to auortgage,, grant and convey the co-signer's intexr~t in the Property under the terms of this Security Iastrttmeat; tb) to not ptalty obligued to pay the sums secured by this Security lnatntment; and (a) ag-~e that Lender aasd auy tither Borrower cea agree to extend., modify, hirbear or make any ac~tunodatit>ns with rag+itd tit tits t+<ut~ of this purity Imsttvme:rt or the Note without the co•sigtzer's consent. Subject to the provisions of Seixion 1$, any Succe~swr in Interest of Borrower who assclracs Borrower's etiyligationx under`thia Security ittstrmatent in writing, and is approved by Lender., shall obtain ail of Botzow>rr's rights aael henefts under this Security Insatueterx. Botzowar shall not be released tram Borrower's obligations and tiaFtiliry under this Security laattrtmieet unlrrss Lender agrees: to suc)t releasc;in writing. Che covenanar attd agrc~nents of this Security lastrumetft :Shall bind texcepc as provided in Section 2Q) and benefit titer stteceeaorA and assigr+s of Letuicr. 1~. Lomu Charges. Lxttdc~r' Wray. charge &-rrawea' foes for servico3 pexforrtxxl in connectiaa with Borrower's defauit, for ttu ptupose of proceGtin$ ionider's interest in rho Property and rights. under this Security lttsttuttusti, irnclttdiag, heft sat llrnited to>. attnrtmys" fee:, property inspection and valuation fees. In regard w any otheu fees, the aiitettex of express authority in this Searrity tnasrttttteat to charge a spoci#lc Cee w Borrower shall not be construed as a ptwhibitloa vn the charging, cif such fex. Leader may txn charge fees that are expressly proltittited by tlsfu Sacurity Ittitrumaat or ty Applicable Law. if the Lean it: enbjxt fo a Iaw which- etas mapciitttuni loan chsrgts, sad that law is (wally interpreted so that the interest or other loan charges Collet~cl or to be t~llcctai bi vottti~tian with the Loan exceed the permlttat limits, then- (a) any such Loan eltiugti shall bs ttxluced try fire Amount n5' to reduce the charge to this pertttittcd lunit; a~ud (b} any softie already EOllcctad (troth tiorrawer which cxtiat perutitteci limits wilt be tblitttdetl to Borrower. Lender tray t~sose to malts this refund by reducing the principal owed under the Note or by atahing s dittxx paytaaeat to Bnxeotvrr. tf a reftmd roduccs ptiaeipal, thr. reduction will be treated as a partial prepayment without any grepaymenl charge (whether or ttvt a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Bonowtr will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Sexurity Instrument must be in writing. Any notice to Borrower in connection with this Security instrument shall be deemed to B$AT-05 ' ~ 01026181.88 Iro~iNa: !~-6AtPA1 roooei ano.+i d ie Form 3039 1101 W BOUK~u(~;J fAGJ; ~c9S .,..,,,,,.,,,,,,~ ~,....,.,,..r,Q have been given to Borrower when trailed lay first tsiass trial] or when actually delivered to Borrower's notice address if stmt by other nituuis. Aiotkx to any one Borrower shall constitute notice to all Borrowers unle~ Apptiesble l..aw expraxdy res~othecarise. The notice address shall be the Property Address tuilt~s Btsrrowcr has dcaignatod a su nonce address by notitx to Lender. Bamowcx shall Promptly notify L.entler of Borrower's;,tfiarigC of atldrest, tf Lender specify a prvt~ditre far teportiog Bon'tiwer a changr of address, thEti Bt>rrawer shall only cepart a change of addt+t~ through than apretfied procedure. There ttiay be only Duff dedgnazed [notice addrdra wider this scarcity laatrottunt st any -one ttme. kitty notice w Leruler shall be gi"vea by delivering it or by tritilisg it by cirsc class ttaall to L,cuder's addrabs crated herein unless L+tuitter h'aa des{gaAted anoth¢r address by aotite to ~orrrrut+cr. Any notice In connection with this Security Instrurrxnt shall not be doeniod ttt havti boeu given to Lender until ~tually received by Lender. If any notice required by this Sa:itrity Insttt,>tt-etit is also ragt-ired under ApplicabiE Law, the Applicable Law requiretrnnt will satisfy the cort+eaponding retluirerttent water this Security Instrument. 16. Governing I.a~v; SavtxabiUty; Rules of Gotts~trttdion, This 5cetirtty ltisttltrtient shall bt: governed by federal law ~# the law of the jtrritttiiaion in which the !>roperty is located. All rights and obligations c~tntairiod in this. seaerity Iti:Erwiatent arE stibjeet to arty requirezngtta and linttetioti3 of Applit~bte Law. Applicable Law might eapiicitly or imptittiily attaw the: parties to agrtfo by contr~i r In might be silent, but Latch ailenee ~tidl riot be eansutiod as a prpbtbitian against agruerttaat by the Event that any provision ar clattsc of thin Security Instxumeat ar the ]Vote coatlicta with Applicable Law, such conflict shall not a#'ect other pmvisiat~ of this Saturlty tnsttvmwt or tltE Notc whidi can be given effect without the coniticting provieioa: As used. in this Setwity inatrurrtents (a) wards of the masculine gender shalt n>ean and include corrt~Ponding aieuter words or woida of flu farniaiae gender; (b} words in the singular shall mean and iticlitde the pittral and. rice versa; acid (c) the .word "may" gives sole discretion without any obligarion to tape say action. i'f. Btnrowertt,•%tppy, Borrowed slut] be given tine coPY of the Note and of this Security lnstrttnxatt. 18. 't'ransfer of the iProperty or a BendLtciat Interest in Barrow~er. As used 'iu this Senior 18; "Intrrest in tht Property" rrteaas any legil ar bene6eial nitrest in tht lr, including, but not limited to, those beneficial interc~sta transfau+Gd is a hand for deal, a~ttxact for deed, installment salts anntracx ar escrow agrecmefit, the tmeat of which is the transfer of tWe by )3orrower at a future date to a purcltasa', If all or any part of the Prapetty or any lnttsteat in the l-rapecty is sold or tratiaferrnd (or if Borrower is ,ux a natural person' cud a'berieficial intetatt Ln Bonower ~ sold or tratiaferred) without lcrtder's prior written eanaerit, Ladder may. require luuszeclitnr: Payment. in fStll of all sutra assured by this Security lnsirutrtent, Hawewer, this option shah rat be exercised by 'Lender if such exercise is prohibited by Applicabte Law, It Lender exercises this option, Lender shall give $orrower Warier of acecteration. The notice shell provide a period of nvt leas than 30 drays from the date the ,titttce is given is acuirdance with Section 13 within which Bornowtr trnut pay alt ;atirro secttt~ed by this Security lastrument. if Barrawer fails to pay tttESC stuns: prior to tltG expiration of dais period. Ltndcr tray invoke any remedies pcrmitttd by this Security instrumem witttaut further notit:e ar dcnnand on Bot'rower, i9. But~revrer`s Right to Relctstete. After' Asceleratiir~t. If fiorrawer wets certain conditions, Borrower shall have the right to Gave enfortxttxnt of this Security irtstrumeat-diseontinucd at any time prier to the earlier of: (a} five days be6orE sale of the Pr^opeitty pursuant to any power of sale contained in this Security Tnstturnemt; -(b} sudt other period ea Applicable Law might specify for the ternnination of Borrower's right to rein3tatE; or (c) tryty of a judgment rtnng this Security Ittstntment. Thoar conditions arc that Hoirowezt (Sa liay3 Lender all sutras which then would be due under this Security instrument and the ]`(Ate as if nia accetEration ]tad otxurred: ib) cures anY default of any other covenants or BBAT-OS S,{~-~ 0102fi1B~.68 Inittlb: J -6AIPAt Ix10B1 veg. t2o++6 Form 3038 tint BOOK ~S~;J I'A6E, aC4~ ............" ..._.. .., ,o agreements; (c) pays all expenses incurred in enforcing this Security Iastrutr>.cnt, including, but not limited to, reasonable attorneys' fees, property inspection end 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 tray reasonably require to assuce that Lender's interest in the Property and rights under this Security Instrument, and Bormwer's obligation to pay the Burns secured by ibis Security Instrument, shall continue unchanged. Lender may retain that Borrower pay such reinstatement sums and expenses in one or more of the following forme, as selected by Lender: (a} cash; (b) money order; (c) certified check, bank sbeck, ti'easur'eT'S Rlitacit ar CasltLW''8 check, provided any such check is drawn upon an institution whose depasita are inaut'Ed by a i`odieral agettcy, iaserumentality or entity; or (d) Electronic Funds TYartsfer. Upon tefnstatrment by I3tirrower, this 3ixturlty Instrument and obligations secured hereby shalt remain fully effective t~ if art aectleradnn lead occurrrxi. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change o[ Loan Servlcer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrttmatt) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer"} chat collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given writttn notice of the which. will state the Warne and address of the new Lawn Servitxr, Cite eddreas to whii'~t payments should bt `ttnatle and eery osha' inforaration RESPA requires in connection with a notice of pta~lsftr of servicing, tf the Note is sold and thartsPttr the Loan is serviced by a Loan 5ervit~r other than the purchaser of the Note, the tt~rtgage:Iittta secvicittg obligations to $prrowcr will remits with the Loan. Setvitxr of be ttansfem:d to a successor Laan Servicer and are eat asswtu:d by the Note purehat~x unieeft athatwise provitkd by the Note pttrchas~. Neither &xrowtr nor Lender may' cottuttcax, joie, ar be joined to any juditdal action (as tither an itulividuai litigant or the nn~t'thtr of tr elsas} that arises from the other party's. act`~us pursuant to' this Security lnstramenr or that atltges that the other party has breached any provision of, or ,any duty owed by reason t>f, this Blearily la~sitt~ts~eat. until such' Hctzrowtr: or Leader }~ ttotlt3cd the otht:r party (with suelr notice gives in cotrzplanct with the requit'etntAlts of Secxion t5) of sac6 alitgat Breach tt14d affotaded the other early hereto d resaawrta#41e period after the Bh'bag of such rtatitx to take corrective attou. Ii' Applicable Law provides a time period which tmtst dapae before certain actiati :tin be talon, that time period witl be dee+nefl to be raasozteblt for pub of this paragraph. T'hc notiet of attctlcr~on and opyortuni.ty to cure .given to Borrower :pursuant to Sotxion 22 ttaci the: notice: of at:c~teratioa givers to Borrower pursuant to Section l$ shad be deemed tt- satisfy the notice and opportunity'to take l;0rrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Stdct~m 21: (a} "Hazatdaus Subsances" are those substances defined as toxic or hazardous substances, pollupmta, or wast>;s by >rnvronmerttal Law and the Following substances: gasoline, kerosene, other $aot~ble or tioxic petrole+tm products, toxic pestitxdes and herbicides, volatile solvents, materiaie containias asbrstos-or formaidehytk, and raclioaetivc meterials; (b) "Environmental Law" means fedcxat laws and laws of the jurisdit where iha Property is located, that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or retrtovat action, as defined is Isnvironmental Law; and (d) an "l3nvironrnenlal Condition" means a condition that can cause, contribute to> or otherwise trigger an Environmental Cleanup. BEAT-OS OlOZ618188 ®-tiA1PAl iaoe~ o.aa 110 ~e Form 3038 1101 sow ~.ss; ~A~ X47 ,...,. w-,nn~nae~e _ Po~a 1'i of 1R 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 affactiag the Property (a) that is in violation of any Environmrntal Law, (b) which creates an Environnteatat Condition, or (c) which, due to the presetce, use, or release of a Hazardous Substatttx, cr+~[tes z; catxttiott that adversely affects the value of the Property. T`hc pretending two sentences shat] not apply to tip ~ axe, or storage og t~ Propttxy of strait] 9uaatiti~ t-f Hazardous Substances that arc ggetteral~inrau l~nizoti to be appt~opxiatc w noitnal tp'sdbratiai ants and to maintenance of the Property Guteluding, not ICtjsital to, hazardous subahttttxs in conannoer products). Borrower shalt ptntnptly Sine Lttrtder written rotten of (a) at~y Investigation, claimi dtataaad, tawanit or other action by any governmetital or regulatory agency or pmate party Involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Envirorunental Condition, including but not limited to, any spiking, leaking, ~sctwrge, reltsasr or threat of release of any Hazardous Substance, aad (c) .any condition caused by the preteactt: u~ or relasts of a Hazardous Substance which adversely a#tsas file valve oi' the Property, If Borrower learnt, or is twti#`ted by any governmental or regulatory authority, or any private party, that an retrtoval m tat4er tms>atiEatian of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Envfrorunental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANT'S. Borrower and Lender further covenant and agree as follows; 22. Acceleration; Retttedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any tovega)at ar sit to this SeCw'Ity insRstaaaent (but not pr~r to acceleration under Section 18 uoiee~s Isle Law provides atiterwixe). Lectdttr adek notify Borrower of, among other tWu~ Ca th®~d+t; fh) the action nequirhd to cute ills tiefttuit: Cc) wbea the default must be cure[!: and (~) that= ~itttre to cure true tk1'ault as malt suit in. acceleration of the &i-tttx ssatibtcd b this St~arity Itatitivnteut, ftu+edoadre by uilidttl pra~~eeditakp, snd sale of Cite property. Letader shalt ~ inttttm Borrower of the right to reitt~ate at'ter at~e>Itaratton and the tit to asseirt U the fortteiotttt~pt~eding the non-atistence of a dsfault or any other defense v~ owea~ to accdccntion and ilitt+WNttre. Itt the dealult is qot cured as specified, Lender at its option rn[ay require ittmaadiatt; is fidI of au snt~a aacttred by thin SecuMty h'~tn+mCnt wltlwut fusrtDer detr-rtnd and easy: orieeloue tllilt h lnatnm>mi by.judldai oc Lender shtstl" ba endtkd to atiDect ak rrrrrpmaaa 5tacutttrtisd in ~ the remedies proia t8e~ednn 22, ipctudutg, bet ant limited ta, amt i!eett sad casts o tiffs erldma to the esttent permitted hl Applicable Law. Z3. Reicnse. upon payment of all svtras sectrt+ed by this Security Insuumatt, this St~curity Instmtment anti Elie e~atc conveyed shall tersittnate asd bih€aoarr veld. After allele otxti,~et>ce, !.ender shall diseharget and. satisfy this Security InstrutAant. ltirtro7wer rltatt pay an rtarotdation •casts. Lender tmty charge. Barrawer a, fee for releasurg this Security taattvn7ent, but fatly if the fee is paid to a third party for ~cvices rendetad sad the charging of the: fee is perrrtltted utrdsr Applicalsit: Law. 24. Walvors. Borrower, to the extens~~ by Applicable Law, waives and releases any error or defects in proctmtiings to atfot^cs.thia Seto Inanuauctt, and hereby waives the bemfit of any present or future' IaWS pt~avidf»g for-stay tsf eatccutioq, ~*xtensiort of tune, exemption from attachment, levy and sale, and htwrGStt~d exewtptittrt. ?,S. Rs$wttatemtnt petted. Borrower's time: to reinstate provided in Section 19 shall extend to one hour prior to the cornmencement of bidding at a sheriff s sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If aqy of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, thin Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgrneat is entered on the Note or in an action of tr~rtgage foreclosure shall be the rate payable from [une to time under the Note. BEAT-05 ~ K 5 0102618188 Imti~t: '~ -tiAtPA) io~oul P~p0140118 Form 3039 7101 eat,K~~~s ~~€ ~4~ .nnnn•M+nf •n nnnn .A nl Aq BY SIGNING BFAI,OW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower aad recorded with it• Witnesses: Bu7.tana Biddigni //~ '°rrower _ (Seat) -borrower _ t~l) (Seal) -Borrower -Horrowu _ (Seel) ,. (S~) _Hortower -Borrower _ {Seal) {seal) -Hormwtr -Borrower BRAT-OS 0102616188 -6AiPA) pooel r.a. is of ie Form 3099 7f01 BDt1K~.~j~iJl~ti~, '~'~ • 1 N nnnAAwa Ary rywrvA 4Fh1 1q Certificate of Residence I, ELOLSE MCBRIDE , do hereby certify that the correct address of the within-named Mortgagee is GREENPOINT MORTGAGE FUNDING INC 1100 LARKSPUR LANDING CIRCLE SUITE 101 LARKSPUR GA 94939 , Witness my hand this 8Tx day of MARCH, 2001 • ~,, , ELOISE MCBRIDE Agent of Mortgagee COMMONWEALTH OF PENfYSYLVANIA, t;umbasland County ss; On this, the 8'T 1i day of Mari h t ~ po ~ ,before me, the undersigned officer, personally appeared Saltana siddiqui known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrurrrent and acknowledged that he/she/they exec.~ttted the settle for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: tVotattel Sea! Fn3ttcts J. MoCipvem, Notarryy Pt101b Concord 1Mgt. t)vlttwaro Ccntrty tdy ConrnNslon ~xptra Oct. 22, 2001 - ~~, e.. Tittc of Officer ~~• HHAT - Q 5 ~~'"~ 010 2 61818 8 ..rt'r~ :.-ter. +~ >nt«~=:S.K-`a ®-6AlPAi toooar s*, ~ ,,, '~ ~ ~ peue,te ot,fye rrorm 3039 1lOl 't .od ~'. ~~;~;~;, ',rf~r ~~; ,. $OUIl3G~JPi4~ ,t~ui tiw,:; :.s . ~ .inn •~sn ~ ~•n ~7nnn ~C.. nr i A Exhibit "A" Al_: THAT CEDRTAIN treat of land $ItuBte in SNver 5prinp Township, Cumberland county, Pennsylvania, hounded and d&6crlbAd according to a autvey for Mary E. McCahan, dated August 2, t9'76, by Robert G. Hart ,1r. E.D. as toUowe: BEGtNNiN{3 at a point pt th¢ canter one d the lagp- right-ot•way one of FoxAr-na Drive, whkh po1M is referenced 72 foot to the cantor line of She Intersection of She6-waod Rood and Faxann2- Arive; Vtectu along cne said censer Ilno of the lags( right-of-way Iine or Foxanna prlve, North 1d deyreQS 12 noirwtee 30 aeCVndt west 245.60 f9el to a pOtnt, thence along lha cenlsar Tine of the Iagal right-ol-way Iine of Sherwood Road {T•503), South 67 degrees 09 minutes 218.68 l88r t4 a print, thence along Lot No, t now or lab formerly of tarry D. Mktson, and through ~ Iron pin, f?6 feet from th$ canter Iine of Sherwood Road (i'-503) aaWh Os degrees 30 minutes oast, 208.38 irwt to an won pin, tnence along for No. t3 north 95 depreea 30 minutat}-east 260 1901 ro a point in the canter line of Foa<anna t)rlva, Ina place of baQlnning, CONTAININ© 1.345 acres including the tlediceted right-ol-way and being for no. 96 an the above referred to' plan of Mary E. MvCehan as recorded k1 Plan Dook 29 page 89, Curnbertantl County Reoortis haWng thereon erected a dwell-ng house known and numbered as tt}1 Sherwood Road, Carllale Pennsyhrania, PAACFl N0.36-0.5•I?433.022. 9EiNG THE SI1ME PREMISES wrlttch AthUealn E. Emedi, eta) by deed detrid 3/24/00 and raoofded 3/31ro0 in Deatl Book 21 B page 646 granted end conveyed unto Salfulkrh S-ddiqul and Surtana K, 3lddlqui, h/w M tee. BOui(~~~,~3ial~. ~+~~ .--. « nnnanoA~a . A~.,c t % of 1A EXHIBIT D ~'~, i ~ ~, J i-t~ ~" Lt 1 tCNOW ALL MEN BY THE4E l'RESb'NfS :>~ "11dnrlga~e Bd~oik R~uoa sysleoa ltae" benreinatidr '`As~eor" dre hoiden of the Mortgage haeia~er meatmloaed, for and In oam3det~tion of the seas of ONE DOLLAR (S t .00) la~rfitl mcoey Imo it is head pad by G11tAC Moe~aga LLC, "Aaaignas" at the tiaae afevoepAion herooi;self, aasigo, trsnafer sad net over oamo the said Aasigoae, the receipt whereof is hereby ac)mo~rledAed, does hereby gesat, bergaitt, ib saccaaors and , AI.S. THAT CF1tTAlN Indmtuea a~f Morse given and aaseoettad by t3vlaa Stiddigeei b DAsrtagaga l.Ta~etroafe 1Ragistratfoa 8yafasta lie err s ^sasiaae 1br Gruaiyieiat Marlgaga h~sniiag lute, bearing the dame tlaANi, im the aa~ ofS16r,9A/itla ~ooelAor wiAetbe I+tob and iodsb~sdnessthseaiama~tiooed, said _.; Mortgage being reoeeded an 03t3NI in the C.ouomy of G~erlaai, Camnsoan~~hh of Pennsylvania, ie Mortgage Book 16114 Fnge Y.ig, . Being Kavwn ~ Preesiaes: lA2 Slktwood 1Dr, Csefisk, PA 2Tt123 t'arcxl NTo: 3A-iSY133~29 Also the 13aad err Obligman in the said Indm4n+e ofMortgage reeled, and all Mmaya, Priaapai ad Isaaerst, dae and Lo ~- grow due thereon, whh the Waerant ofAttorney b the said Obligden amaaed. Tog~sr with ~ ]Rights, Raasadies and incideerta thdreonio belonging. And nit hs Right, Trtte, Property, Clsna and Demand, hi and eo the same: TO HAVE, HOLD, RECEIVE AND TAKE, all and siagnlar the haredifamenes and preaaiass hanby granted aed maigned, ormeamioned and iateodedso mo be, with the appureeonooas unb Aasiguee, its suooeeeoss and aNigas, b andfor its on>,+prgxrnee, bmeHtandbehooffac+ever; subjec~navp~s, yoiMequityofredeempmionofsaidMal~orinthe said Inded~ae of Mortgage maned, sad hirlhe bens and assigns therein. IN WITNESS WEIEREOF, the said ~Asdgnos" ~~pp [nbe al mu be heswin affgmd aadlleeae p~to: be duly eaeecuted by its proper officers this ~~+^{day o 20 0 MortgapElaetro~e Isms ., sealed and neliiv~d ~yanc;a S Esq ,Assi~ant ioea~+eaiaent d; secveW,- ~ -~' m in the presence of os; Attest: r"' ~ v ~ t~ ~~r starve of ~_ N n r°n ~ vim- Corom¢y of ~ , 3 oh ~ r con ~~~~ ~ ~ ZW_,be~6ssemgtbesubaaber,PaaoMtijrappem'ed. °~ v ~ wlma~o~'ledied)eiml6aeaelt'mobetheA~ssiMntViosPtwidsnt d; of Mor~age ti4gitsaNon !llaMms Le, and tYt beJahe, as sndt Aaaesoaat V~oe Aaident ~ : ~ . ` ; . Y. authorized >d do ao, pceaamed the foregoing intleumenm for the peapoaes therei- ccatatesd. IN ~~11ZJESS WI~OF, I hereemto set my hand oii3eid Baal. ;+Stap/Saeh Nadey Public The pexiae address of the wvithin named Aimee is: -~ Rd P ~, N~Sns sM ~ One 1Plena Cat/ar Se~iag LLP 1617 d.[r.IL ~ 9tt.1M0 1~Yada+W, PA 192A3-1:14 ~~~rarreesrtv~wn hlt]MdKB~ ilia t~'ir ,- ~~ #. 2010 ~~~~a~casz~ 7/?J97„iHC nor re~Mat tl~rnset>sw n Larnd Services of PA , 400 Fd~ Roaf, Sa#a 2S0 Mt Larrnaf, NlO80S4 (8S6) 793 3200 Fax (8S6} 793-3201 Issue Date: 02n7n007 Effective Date: RD 0?J07n007 oJSiPRO oz/o7nom Rw ozro7rlom Order Number: LTS37427/PA64392 Servicer: GMAC MORTGAGE, LLC Client Number. 149946 ' Premises: 102 Shexwood Drive, Carlisle, PA 17013 Silver Spring Township Cumberland County Pennsylvania . Based upon the examination of evidence in the appropriate public reooids, CoonpaoY Gratifies that the premises endorsed hereon are subject to the liens, ~ and exceptions to title hereinatbx set forth. This Catrfic~te doea:not co~itrite title insurance; liability hae~nder is aasumod by the Company solely in its capacity as an absb'actor for its negiiga4cx, mist8loes or omissions in a earn not to exceed Two Thousand Dollars. ALL that certain tract of land situate in Silver SpriAg Township, Cumberland Cotaa'ty, Pemosylvania, bounded and dexn'bed according to a survey for Mary E. McCahan, dated August 2,1978, by Robert G. Hart, Jr., E.D., as follows: BEGINNING at a point in the confer line of the legal night-of way line of goxanna Drive, which point is refer+eoced 72 feet to the neater line of the intersection of Sherwood Rwd and Foa.aana Drive; thencx along the said ceaDer-.line of the legal right-of-way line of Foxamta Drive, North 14 degrees l2 mimioes 30 seconds West 245.60 feet to $ point, thence along the center line of the ~ right-of--way line of Sherwood Road {T 503), South 87 degrees 09 West, 2I8.68 fleet to a poiffi, thence ;- along Lot No. 1, now or formerly of Larry D. Hinson, sad through an imn piq 25 fat from the line of Sherwood Road (T-S03) South 04 degraa 30 mid East, 248:38 feet m an ins pia, theca along Lot No. 6, North 85 degrees 30 minutes East, 260 feet to a point in the canter line of Foaanna Drive, the place of Beginning. , CONTAINING 1.345 ages including the dedicated i~ght-of--way and beia~g Lot No. 96 on the above referred to plan of Mary E. McCahan, as recorded is Plan Book 29, Page 89, Cumberland County records. having thereon erected a dwelling house known and numbered as l01 Sherwood Road, Carlisle, Pennsylvania. ~Q738P62530 ATTACHED TO AND FORMING A PART OF RECORD OWNER AND LIEN CERTIFICATE _ Order Number:LTS37427 - ~ Seiwleer: GMAC MORTGAGE, LLC - ClkntNumber: 149946 Being the same prtmises which Donald L. Bitner et ai by their deed dated 1218/88 and recorded in the G~mberlaad County Recorder's Office in Deed Book 33-5, Page 271 conveyed t4 Athusain I? Emadi and Nasirali A. Emadi (3tanLot^s herein. Maidca Emadi joins in this coaveyanoe solely to convey any interest she has in premises as wife of Nasirali A. Emadi C,ran~s but does not warraffi title. The powers of attorney ~ ILlalelca Emadi and Nadi A. Emadi ~ Athuesin Iw Emadi are to be rocorded herewith. Arad A. Siddiqui, Obeid A. Siddiqui and Pbad A. Siddicpti join is this oorn+eyance to convey aay intae~ they have is the said premises because of sn uma~tdod sell-pm~ase agreea~eat dated August I0, I994. PARCEL IDENTIFICATION NO: 38-05-0433-0023 1~.C1~1 fy fe7IS t.:.~ i %L i ^(;G','CiLC1 in Cun~~cr-anc, C~n~TT41y ~'A i; `( ~4~38P~253~ EXHIBIT E ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLLSLE, PA 17013 717-240-6370 Instrument Number - 200743420 Recorded On 221292007 At 1:34:38 PM * Total Pages - 3 * Iristrament Type -DEED Invoice Number » 9123 :User ID - KW * Grantor - SIDDIOUI, SUITANA K * Grantee - SIDDIOUI, SUITANA K * Customer - SIDDIOUI * FEES STATE WRIT ~Ax $o • 5o Certification Page sTATE Jcs/ACCESS To $io.ao ,1usTICE DO NAT DETACH RECORDING FEES - $11.50 RECORDER OF DEEDS AFFORDAAT.F HOUSING $11.5o This page is now part COUNTY ARCHIVES FEE $2.00 of this legal document. ~ ROD ARCHIVES FEE $3.00 TOTAL PAID 538.50 Y Certify this to be recorded ~; in Cumberland County PA 'RECORDER O~ * -Information denoted by an asterisk may change daring the verification process snd may not bs reflected on this page. OOQAFK IlII11~I~~III~R~III c~3~ao r ~ L ~ Above Space Reserved for Recording [If required by your jurisdiction, 5st above the name & address of: t}where to reium this farm; 2) prepares 3} parry requesting recording.} Quitclaim Deed Date of this Document: /YOV~-,n ~,r ~ G • `aZ Er0 ` .Reference Number of Any Related Documents: Grantor: Name ~u t - ~n~ rg. ~~- ~: n n t bL.li `Street Address /O~ .S°~.~~P h~'dd ~ /?~P CitylState2ip La~ L pJ~S - 8 9 Grantee: Name tel: DB.r~.~ utt,,r~,t/ Si~A/~Ni k~~ SEt r.3.t/,A X' S~oaiszlti Street Address ~~/~ S.h~/FiF'h/fib~l~ ,~i2 Ciry/State/Zip ~'->~PL.~'..~G~ _ pB• • 1 ~ x715.8?R L 'Abbreviated legal Description (i.e., lot, block, plat orsection, township, range, quarterlquarter or unit, building and condo name): Assessor's Property Tax Parcel/Account Numbers}: . THIS QUITCLAIM DEED, executed this /tlD v/£~LB~Q/~ day of ~~ . ;20~, by first parry, Grantor, Su~}"A,t/,o l~c'. SiB fl ieu i whose mailing address is . /o/ . A~,E ~ Oo 6.r 3v~. ~D1 - ?~l to second party, Grantee, l: .~ whose mailing address ~ IaI~~ t~,les~ d?,~ C,n„pt,,•s~~ , a ~ z~s. ~ at WITNESSETiTtf~t't s ~r ,"fib'r~ood consideration and for the sum of ~Qb Dollars ($ _~ paid by the said second party, the receipt whereof is he eby acknowledged, does hereby ~ mise, release and quitclaim unto the said second party forever, all the right, title, interest and claim, www.:oaauscnm gage 1 or 2 1iy/,S ~/rcQ n ~ ~ ~e ~ ~R-~`~1 dy L~~'.f~~ Q ~ Ewa Rm"ev ac which the said first party has in and to the to{lowingg described parcel of land, and improvements and appurtenances thereto in the County of C K w-:°.;~ ~r X ,State of p___•___e+'~,~/,iye.n ia. to wit: IN WITNESS WHEREOF, the said first party has signed and sealed these oresents the day and near first written above. Signed, seated and delivered in the l Signature of Witness Print Name of Witness Signature of Witness Print Name of Witness Signature of Grantor r . S ~ ~ Print Name of Grantor ~~' UL?"t~ 'Y?~ . K _ S f D q U f State of ~_ County of ____) On .~ ~~,~ before me, c~P;t~C1~~Ps ~ t~~t ` appeared ~ ~ personalty known to me (or proved to me on the basis of satisfactory evidence to be the.person{s} whose name(s) islare subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her(their authorized capacity(ies), and that by his/her/their signatures} on the instrument the person{s}, or the entity upon behalf of which the person(s) acted, executed the instrument. WIT,~JESS my han~and officioseal. Signature of Nota~r Affiant Known r Type of ID ~Q (Seal} CpN,MONW~Ad.1'H OF PENNSYI.VAPIIA R6otatiaf Sep ,ieru-i(er N. fit+dYe. NoLxy Putt~c Niy Cosrunissia! Member. 7an~yWxr.'is Ascora:bn of Noariee . • ~ I hereby oertffy that ts~ Residence and lost Offioe of rrCtMn Grantee is /~/ .~'.r~oPl~Ol~.l~ ®~ C'~.PL,'•SL~'„~,~• /fin/~S =~~9~ Graatoe or Atty. ww~cmomtacom Page 2 of 2 O i0D5 Saretes tMdit, !lC 1F296.1 • Rer.05105 EXHIBIT F ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201035106 Recorded On 12/18010 At 11:56:13 AM * Instrument Type -MODIFICATION OF MORTGAGE Invoice Number - 77668 User ID - ES * Mortgagor - SIDDIQUI, SULTANA * Mortgagce - GMAC MTG LLC * Cusco®er -LOSS MITIGATION TITLE SER * FP.ES STATE itRIT TAR $0.50 RECORDING FEES - $13.50 RECORDER OF DE®S PARCEL CERTIFICATION $10.00 b'1C8S couNTY ARCSIVSS FEE $z.ao ROD ARCHIVBS FEE $3.00 TOTAL PAID $29.00 * Total Pages - 6 Ceramcation Page DO NfJT DETACH "~` This page is now part of this ~egai document. I Certify this to be recorded in Cumberland G~,ounty PA ~: ~. :-*~-r° . RECORDER O~ * - Ioforaiatio~ denoted by an asterisk nnty change during the verifiatioa process and stay rot be reflected on this page. 1SQ ~~~I~ ~~~ ~ ~,5/~~ tnvestor loan # 719209487 Wtwn recordad mail to: lK:i3047914 ' FirstAmericanTrtie ~~~~~~~1~~ ' Loss Mitigation Title Services 392.6 P.O. f3ox 27670 ~ Santa Ana. CA 92799 RE: SIDDI~UI -PROPERTY REPORT This document was prepared by GMAC Mortsaaae. LLC ooz~sQ ~`-3$"~-~~'~~ [Sigace Above This Line For Recording DAtal MODIFICATION AGREEMENT Borrower ("I°): SULTANA SIDDIQUi Lender ("Lender'): GMAC Mortgage, LLC Date of first lien Security Instrument {"Mortgage') and Note `Note"): 03108/2001 Loan Ntmber: 0307165894 ~e~ 3/3olot ~ ~s ~ 435 Property Address jand Legal Descriptbn if recoro~tion is necessary] ("Property'): 101 SHERWOOD DR CARLISLE PA 17013 If my representations in Section 1 continue to be true in all material respects, then this Modification Agreement ('Agreement") will, as set forth in Section 3, amend and supplement (1) the Mortgage on the Properly, and (2) the Note secured by the Mortg~ge_ The Note is secured by a Mortgage, Deed of Trust, or Deed to Secure Debt (the `Security Instrument), dated the same date as the !Vote, and if applicable, recorded on with instrument Number in Hook andlor Page number of the real property records of CUMBERLAND County, PA. Said Security Instrument corers the real and personal property described in such Security Instrument (the `Property') located at 101 SHERYVOOD DR CARLISLE PA 17013, which rest property is more pattic:ularly described as follows. The Mortgage and -Note together, as they may previously have been arrtended, are referred to as the'Loan Documents.° .Capitalized terms used in this Agreement and not defined have the meaning given to them in Loan Documents. (Legal Description -Attached as Exhibit if Recording Agreement) This Agreement vril! not take effect unless the preconditions set forth in Section 2 have been satisfied. M!- Representations. I certify, represent to Lender and agree: A. I am experiencing a financial hardship, and as a result, (i) I am in default under the Loan Documents, and (i) I do rtot have sut'6cient income or access to sufficient liquid assets to make the monthly mortgage payments now or in the near future; B. I live in the Property as my principal residence, and the Property has not been conderttned; C. There has been no diange in the oHmership of the Property since !signed the Loan Documents; g there is more than one 8onower or Mortgagor executing this document, each is referred to as 'I: For purposes of this document wards signifying the singular (such as '17 shell include the phual torch as ewe) end vice versa w?sero appropnete. D. I have provided documentation for all incorr>e that I receive (and I understand that I am not required to. disclose child support w alimony unless I chose to rey on such income when requesting to qualify for a modification of the Loan Documents); E. Under penalty of perjury, all documents and information I have provided to Lender in connection with this Agreement, including the documents and information regarding my eligibility fw the Program, are true and correct; and, F. If Lender requires me to obtain credit counseling in connection with the Program, I will so; and; ,. G. I have made or will make all payments required under a Trial Period Plan or Loan Workout Ptan 2. Acknowledgdrlents and Preconditions to Modiiiication. I understand and adv~owledge that: A. TIME IS OF THE ESSENCE under this Agreement; B. It prior to the Modfication Effective Date as set forth in Section 3 the Lender determines that my representations in Section 1 are no longer true and correct, the loan Documents will not be modified and this Agreement will terminate. In this event, the Lender will have all of the rights and remedies provided by the loan Documents; and C. I understand that the Loan Documents wilt not be mod~ed unless and until (i} I receive from the Lender a copy of this Agreement signed by the Lender, and {ii) the Modification Effective Date (as defined in Section 3) has occurred. I further understand and agree that the Lender will not be obligated or hound to make any modification of the Loan Documents if 1 fail to meet arty one of the requirements under this Agreerrri~t. 3. The Modiffcation_ If my representations in Section 1 continue to be true in all material respects and all preconditions to the nodification set forth in Section ~~ have been met, the Loart Documents will automaticaNy become modified on 09x012010 (the'`"Modification Effective Date"j and all unpaid late charges that remain unpaid will be waived. The Loan Documents will be modified and the first modified payment will be due on 09/01/2010. A. The new Maturity Date will be: 041012031. B. The modified Principal baklnoe of my Note wilt include all amounts and arrearag~ that will be past due (excluding unpaid late charges] less any amounts paid to the Lender but not previously credited to my Loan. The new Principal ba~nce of my Note will be $217517.60 ~. (the'New Principal Balance°). C. Interest at the rate of 3.3750096 will begin to accrue on the New Principal Balance as of 8112010 and the first new monthly payment on the New Principal Balar>ce will be due on 091012010. My payment schedule fw the modified Loan Is as folbws: Interest Intennt Monthly Monthly otal Payment Psyment Rate Rab PrMdpal Escrow Monthly Bsplns Oin ErMs on Chanpa and Payment Payment tr~6. Interest Affl0ta~ Payma~t AIr10Urlt 3.37500% 8/12010 51 9.42 1 1534.14, ~9Y012010 08/012015 adjusts adjusts ' annuslly annually after r 1 after r t 4.37500!6 081012015 51308.71 A~usts A~tsts 081'01x2015 081012016 Miwa Atlnwl 4.50000% 0810'1!2016 51319.49 Aqusts Aqusts 09/012016 01/012031 Armuagy Annwly The above terms to this Section 3. C. shall supersede any provisions to the contrary in the Loan Documents,. including but not limited to, provisions for an adjustable or step interest rate. D. I will be in default if I do not comply with the terms of the Loan: Documenns, as modified by this Agreement. E. If a default rate of interest is permitted under the Loan Documents, then in the event of default under the Loan Documents, as amended, the interest that will be due will be the rate set forth in Section 3.C. 4. Additional Agreernerrts. l agree to the following: A. That all persons who signed the Loan Documents or their authorized representative(s) have signed this Agreement, unless a borrower or co-borrower is deceased or the Lender has waived this requirement in writing. B. That this Agreement shall supersede the terms of any modification, forbearance, Trial Period Dian or Workout Plan that I previously entered into with Lender. C. To comply, except.to the extent that they are modified by this Agreement, with all covenants, agnarrnents, and ~requiremerns of Loan Documer~s inck~ding my agreement to make all paymenrts of taxes, insurance premiums, assessments, Escxow ttems, Impounds, and a8 other payments, the amount of which may change periodically over the term of my Loan. D. That this agreement constitutes notice that the Lenders waiver as to payment ~ Escrow Items, if any, has been revoked, and I have been advised of the amount needed to fully fund my Escrow Account. E. That the Loan Documents are composed of duy valid, binding agreements, enforceable in acxxxdance with their terms and are hereby realTirmed. F. That all terms and provisions of the Lcan Documents, except as expressly modified by this Agreement, remain in full force and effect; nothir~ in this Agreement shall be understood or construed to be a satisfaction or release in whole or in part of the obligations containers in the Loan Documents; and that except as otherwise specifically provided in, and as expressly modified by, the Agreemenrt, the Lender and i will be bound by, and will comply with, all of the terms and cortdRions of the Loan Documents, except that the Note, and the payment obligation created thereunder, are not er~foroeable agairrst me personally. G. That, as of the Modification Effective Date, notwithstanding any ether provision of the Loan Documents, I agree as folk>ws: If all or any part of the Property or any interest in it is sold or transferred without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by the Mortgage. However, Lender shat! not exercise this option if federal law prohibits the exercise of such option as of the date of such sale or transfer. Lender may invoke any remedies permitted by the Mortgage without further notice or demand on me. H. That, as of the Modification Effective Date, a buyer or transferee of the Property will not be permitted, under any ancumstance, to assume the Loan. This Agreement may not, under any circumstances; be assigned to, or assumed by, a buyer of tte Property. I. Than, as of the Modification Effective Date, any provision in ttie Note, as amended for the assessment of a penalty for full or partial prepayment of the fVote is null and void. In Witness Whereof, the Lender and I heve executed this Agreement. (~9~ Su~I.E"a. na k S.c ~ ~ ,~~.~~ SULTANA SIDDIQUI W~ess ~`~r~- i- ~ t d - ~Q ~ an i ~ ~ ~/u,17cs s~01 ~i.J-/t ~, j r' Date Print Nam {Seal) Witness Date (Seal} Date (Seal) Date Prird Name Witness Print Name Witness Print Name (Space Below This line For Acknowledgement) $ORROWETt ACt{NOYYlED(3MElVT State of county of b~rl~.t.d~;Q',E , On this L day of;~,2~ before me undersigned, a Notary Public in and for said county and state, personally appeared SULTANA SIDDIGXII ,personalty known to me.or identified to my satisfaction to be the persons} who executed the within instrument, and they duty aclaiov~edged that said instrumerrt is their act and deed, and that they, being authorized to do so, executed and delivered said instrument for the purposes therein contained. Witness my hand and official seal. 1 t+~ Miry y ~` aNwr7Mq~., cunh~ri~r~a~t',ou~rgr +fl,'ou Notary Public ~~%?~~'t""'~_ My commission Expires:_~~~"`' ~o ~oi~ GMAC Mortgage, LLC ~ . b ,. ~~ Date Li c:~.. 1;.' Crffi~sr tt:~l'iit j. i:i LENiDER ACKNOVIILEDGtiAEtil'T State of IOWA County of BLACKH,4WK On thisday of 2 ~, before me, the undersigned, a Notary Public in and for said county and state, personally a geared personally, known #o me entified to my satisfaction to be the person who executed the within instrument GMAC Mortgage, LLC, said instnmerrt is the act and deed of said entity, and that th 'n authorized to do so, executed and delivered said instrument for the pu s therein contained. Vtfitness my hand and official seal. Notary Public My Commission Expires: "` ; tATANYA C~AFENEY ' "Y ~~t~~ ~ o w n MAACH 2S, 20tZ HALBERSTADT CURLEY LLC By: Scott M. Rothman Attorney Identification No. 201478 1100 E. Hector Street, Suite 425 Conshohocken, PA 19428 610 834 8819 610 834 8813 (fax) Attorneys for Plaintiff GMAC MORTGAGE, LLC v. Plaintiff ALI OBAIDULLAH SIDDIQUI; SULTANA K. SIDDIQUI; and SAIFULLAI-I SIDDIQUI Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA. CIVIL ACTION-QUIET TITLE c~ r-* .-, -=; c N -~-~ r*'; ~ o r*'r:: ~~ ~ ~ '"~" i z c ~ i-- .a... y> _.~ PRAECIPE TO INDEX LIS PENDENS TO TIIE PROTHONOTARY: Flease index the above-captioned action as a lis pendens against the interests of Defendants Saifullah Siddiqui, Sultana K. Siddiqui and Ali Obaidullah Siddiqui in the following real property: 237 101 Sherwood Drive, Carlisle, PA 1701 ~. Attached hereto as Exhibit "A" is description of the property. The undersigned hereby certifies that this action affects title to or other interest in the above-described real property. Date: ~ °? r `~ ~_ HALBERSTADT CURLEY LLC Scott M. Rothman ~' l6 , sb rid /~~`~ C # 7q3~ /z#~ ALL THAT t;EpATAIN trail o1 land Sltuefe in Saver Spring Township, Cumberland ccursly, Parmsytvanfa, hounded end described acoardlnQ to a !survey for Mary E. McCahan, dated August 2, t 878, by Robert G. Hart, Jr, E.D. a5 tollot+re: BEGINNING at a point U7 the center 4oe d the legal right-of•way line of Foxanna Drive, v,rMc?t point 1s rerorenced TZ fast to the center fine of the Intersection of Shebrwoad Roars anti Foxanna Dr)vs; thence along the said center lfne of the legal right-of-wey line of Foxanna Odve, NoM 14 dogreas 12 ni~ttutos 36 sooortcfS west 2A5.50 feet lb a point, thence slang lha center titre ct the laga~l rfghi-of-way I(ne o1 Sherwood Road (T•503 f, South 67 degrees t>9 mirttitss 218.88 feet tp a point, thsnts along Lot Mo. 4 ncvi or fate torrnsrly t!f tarry D. Hinson, and through an Iran p;n, 2ti feet from the Center tUa ct Shsrwo4d goad {F-503} south 04 degrees 3D minutes east. 208.38 feQt io en ~a1 pin, thence along Lot Na. ti north 85 degrees 3t} minutes seat 260 f9et t0 a potM in the center tine of Faxanna Drive, ins place of bag)nrting. ' C4NT~INING S _345 acres including the dedicated right-of-way and being tot no. S6 on the above rererred ta~ plan of Mary E. McCahasti as recorded in plan twok 29 page 89, Cumbertana County t~oords having trtsreon erected a dvroibt+g house known ertt3 numbered as tOt SherYrood Road, Caritste Pennsylvania. PARCD.. NO.38-a5-0433.022. BriiNG THE SAME PAEMISE6 Vtfl!iECtt AthuBettt E. Etn&df, atal by dead dated 3/24/04 and recorded 3l3t/OQ in f~esd Boost 2~ 8 page 546 gt'antad and conveyed unto Saifupah Stddtqui and 8uttana K Sfddlqui, lh/w in fee. GMAC MORTGAGE, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff V. CIVIL ACTION-QUIET TITLE c ALI OBAIDULLAH SIDDIQUI; SULTANA K. SIDDIQUI; and NO. 12-6673 r , SAIFULLAH SIDDIQUI Defendants. ORD R �'kir AND NOW, this day of or t t.^- , 2013, upon consideration of Plaintiff's Motion for Default Judgment, and any opposition thereto, it is hereby ORDERED and DECREED as follows: 1. The motion is GRANTED. 2. Judgment is entered by default in favor of GMAC Mortgage, LLC and against Defendants Ali Obaidullah Siddiqui, Sultana K. Siddiqui and Saifullah Siddiqui; 3. The Mortgage recorded with the Cumberland County Recorder of Deeds on March 30, 2001, in Book 1685 at Page 235, is hereby REFORMED, nunc pro tunc, to include Saifullah Siddiqui as a co-mortgagor; 4. The Quit Claim Deed recorded with the Cumberland County Recorder of Deeds on November 19, 2007, under Instrument Number 200743420 is null and void; 5. The Office of the Recorder of Deeds shall accept a certified copy of this Order for recordation as a miscellaneous instrument. 6. The lien of the Mortgage shall relate back nunc pro tunc to the recording date of the original Mortgage. ✓ Mr. Say f ullah Siddqul ^I BYTHE CO ✓ Ms. Ali Obaidullah SicldiVi .to / M9. sUl+ana �' lcldi ui 0065 16 13 J. &o+ H, RAM", �, '�I plt� t L-�ou�45 �A. PLAcer� HALBERSTADT CURLEY LLC l 'l By: Scott M. Rothman CI , Attorney Identification No. 201478 2013 114 w iQ TAR 1100 E. Hector Street, Suite 425 8 P Conshohocken, PA 19428 p88L y 610 834 8813 (fax) �{���,�V �UT ' Attorneys for Plaintiff GMAC MORTGAGE, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff V. CIVIL ACTION-QUIET TITLE ALI OBAIDULLAH SIDDIQUI; SULTANA K. SIDDIQUI; and NO. 12-6673 SAIFULLAH SIDDIQUI Defendants. PRAECIPE TO RELEASE LIS PENDENS TO THE PROTHONOTARY: Kindly mark as released the lis pendens indexed by plaintiff against the property commonly known as 101 Sherwood Drive, Carlisle, PA 17015. HALBERSTADT CURLEY LLC By: Scott M. Rothman Date: -� goa�lt