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13-1489
THE SECURITY TITLE GUARANTEE : IN THE COURT OF COMMON PLEAS CORPORATION OF BALTIMORE, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner p No.: 2013-Itd t9f -CIVIL TERM V. RICKY L. KILLIAN, KARLA J. KILLIAN: CIVIL ACTION - EQUITY w and MANUFACTURERS & TRADERS : TRUST COMPANY Vd/b/a M&T Bank, : Qc DefendantlRespondents : Vic) W-%- PRAECIPE TO ISSUE WRIT OF SUMMONS (EQUITY) ' TO THE PROTHONOTARY: Kindly issue a Writ of Summons in the above captioned matter. Writ of Summons shall be delivered to the Sheriff of Cumberland County for service upon Ricky L. Killian, Karla J. Killian and Manufacturers and Traders Trust Company t/d/b/a M&T Bank. Respectfully Submitted, Date-.-3- 20-0 Brya . Shook, Csquire Dethlefs-Pykosh Law Group, LLC ID # 58805 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone (717) 975-9446 Attorney for Petitioner WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANTS, RICKY L. KILLIAN, KARLA J. KILLIAN, and MANUFACTURERS AND TRADERS TRUST COMPANY t/d/b/a M&T BANK, YOU ARE HEREBY NOTIFIED THAT THE ABOVE NAMED PLAINTIFF HAS COMM -NCED AN ACTION AGAINST YOU. P (I of anotary Date:® 312 0/010/'3 by 01fMV7 10 Depu 4 to3,7spc4 Cyt 13717 F1'L*ED-0 F F ik""" OF THE PROTHOt40 1," i"' 2013 MAR 20 PM 1. 3 8 CUMBERLAND COUNTY PENNSYLVANIA Bryan W.Shook, Esquire ID#203250 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone—(717)975-9446 Fax—(717)975-2309 BSh99kQ_"law.g9m Attorney for Petitioner THE SECURITY TITLE GUARANTEE : IN THE COURT OF COMMON PLEAS CORPORATION OF BALTIMORE, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner No.: 2013- CIVIL TERM V. RICKY L. KILLIAN, KARLA J. KILLIAN: CIVIL ACTION — EQUITY and MANUFACTURERS & TRADERS : TRUST COMPANY tfdibla M&T Bank, : Defendant/Respondents : PETITION TO AUTHORIZE THE RECORDING AND REFORMATION OF A CERTIFIED COPY OF AN OTHERWISE LOST ORIGINAL MORTGAGE AND ASSIGNMENT OF MORTGAGE WHEN THE ORIGINALS WERE MISTAKENLY RECORDED IN ANOTHER COUNTY AND NOW, comes Your Petitioner, The Security Title Guarantee Corporation of Baltimore, by and through its legal counsel, the DETHLEFS-PYKOSH LAW GROUP, LLC, by Bryan W. Shook, Esquire, who Petitions this Honorable Court to permit the recording and reformation of a certified copy of mortgage executed by Respondents and an assignment of mortgage, where the originals were mistakenly recorded in Franklin County, Pennsylvania and the originals have been lost and in support thereof avers the following: JURISDICTION 1. Your Petitioner, The Security Title Guarantee Corporation of Baltimore, is a title insurance company licensed through the Pennsylvania Department of Insurance with a home office address of 6 South Calvert Street, Baltimore, Maryland 21202. 2. Ricky L. Killian and Karla J. Killian, competent adult individuals currently residing at 408 McCulloch Road, Shippensburg, Cumberland County, Pennsylvania 17257-9427. 3. Manufacturers and Traders Trust Company t/d/b/a M&T Bank is a financial institution organized under the laws of New York with its headquarters located at 1 M&T Plaza 6th Floor, Buffalo, New York 14240. 4. The real property that is the subject of this Petition is located at and otherwise known as 408 McCulloch Road, Shippensburg, Cumberland County, Pennsylvania 17257-9427. 5. This Court has subject matter jurisdiction over the subject of this Petition. 6. This Court has personal jurisdiction over the Respondents in this matter pursuant to 42 Pa. C.S.A. §§ 5301, 5302, and/or 5304. 7. Preferred venue properly lies with this Court pursuant to Pa. R.C.P. 1142. Recordation & Reformation 8. On or about December 12, 2002 Respondents executed a Mortgage in favor of First Central Mortgage Corporation of 695 Hanover Pike, Suite A&B, Hampstead, Maryland. (Hereinafter, from time to time, referred to simply as the "ABN Amro mortgage"). 9. The closing, settlement and recording was conducted by and the responsibility of Advance Settlement Agency at 300 Frederick Street, Suite 1, Hanover, Pennsylvania 17331. 10.All settlement services, including the collection and disbursement of monies and the recording of original instruments were the responsibility of Advance Settlement Agency. 11.The subject of this action is a mortgage executed by Respondents, in favor of First Central Mortgage Corporation in the amount of $80,000.00 and a subsequent assignment of the mortgage to ABN Amro Mortgage Group, Inc. dated December 13, 2002 (A copy of the fully executed mortgage is attached hereto, made part hereof and marked as Exhibit "A"). A copy of the fully executed assignment of mortgage is attached hereto, made part hereof and marked as Exhibit "B"). 12.The mortgage and assignment were each notarized by Dwayne E. Pope. 13.A title insurance commitment was issued by Advance Settlement Agency agent for Petitioner, The Security Title Guarantee Corporation of Baltimore. 14.Petitioner believes and therefore avers that Advance Settlement Agency has gone out of business. 15.Pursuant to the aforementioned title insurance commitment, Petitioner is obligated to correct the errors of Advance Settlement Agency. 16.It was brought to Petitioner's attention that the original mortgage and assignment of mortgage were mistakenly recorded on January 8, 2003 in the office of the Recorder of Deeds in and for Franklin County, Pennsylvania when the two documents should have been recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania as the subject property is actually in Cumberland County. 17.The deeds and all other related documents required to be recorded are properly recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. 18.For reasons unknown and without any fault or negligence of First Central Mortgage Corporation, ABN Amro Mortgage Group, Inc. or Petitioner, and without any knowledge on any of their parts, the original mortgage and assignment were recorded, in Franklin County, Pennsylvania. 19.Petitioner as searched the records of the Recorder of Deeds in Cumberland County and the subject mortgage and assignment of mortgage were never recorded in Cumberland County. 20.Petitioner has obtained, from the Recorder of Deeds of Franklin County, certified copies of the mortgage and assignment of mortgage and wishes to record said copies in the office of the Recorder of Deeds in and for Cumberland County. 21.The Recorder of Deeds of this County has notified Petitioner that he is unable to record the mortgage and assignment of mortgage as they seem to indicate that the subject property is in Franklin County even though subject property is in Cumberland County. 22.The mortgage mistakenly recorded in Franklin County includes an incorrect legal description describing property located in Franklin County when the subject property is located entirely in Cumberland County. 23.Petitioner is seeking permission from this Honorable Court to reform the legal description of the mortgage prior to filing in Cumberland County. 24.Respondents, Killian, will not be prejudiced or harmed in any way by permitting the filing of the certified copies of the original mortgage, with a correct legal description and assignment of mortgage, 25.Pursuant to 21 P.S. § 621, an unrecorded mortgage is good as against the mortgagor, his alienee or mortgagee with notice or a voluntary assignee for creditors. Land v. Commw. of Pa. Housing Fin. Agency, 101 Pa. Commw. Ct. 179, 184 , 515 A.2d 1024, 1026 (1986) citing Nice's Appeal, 54 Pa. 200 (1867). WHEREFORE, Petitioner respectfully requests that this Honorable Court will permit the recording and indexing of the certified copy of the original mortgage and assignment of mortgage as if it were the original document with the Recorder of Deeds for Cumberland County, Pennsylvania. In the alternative, if this Honorable Court is not inclined to permit the filing of the copy of the original mortgage, Petitioner respectfully requests that this Honorable Court order Defendants to appear and re-execute the mortgage in favor of CITIMORTGAGE, Inc. s/b/m to ABN Amro Mortgage Group, Inc. PRIORITY 26.Petitioners incorporate as if fully set forth herein the averments I through 25 above. 27.On or about December 6, 2004 Respondents, Killian, executed an open-end mortgage to secure a home equity line of credit in favor of Respondent, Manufacturers and Traders Trust Company t/d/b/a M&T Bank. (Hereinafter sometimes referred to simply as the "M&T Bank mortgage"). 28.Said M&T Bank mortgage was recorded on December 21, 2004 in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in book 1892, page 53. (A true and correct copy of this mortgage is attached hereto, made part hereof and marked as Exhibit "C"). 29.Upon information and belief, the M&T Bank mortgage was intended to be subordinate to the ABN Amro mortgage. 30.Pursuant to paragraph 4 of the M&T Bank mortgage, Respondents, Killian, are presumed to have notified Manufacturers and Traders Trust Company t/d/b/a M&T Bank of ABN Amro mortgage. 31.As Manufacturers and Traders Trust Company t/d/b/a M&T Bank had actual or constructive knowledge of the mortgage which Petitioner is trying to record, Manufacturers and Traders Trust Company t/d/b/a M&T Blank will not be prejudiced by permitting the mortgage which Petitioner is trying to record from taking first lien priority against the subject property. WHEREFORE, Petitioner respectfully requests that this Honorable Court will permit the recording and indexing of the certified copy of the original mortgage and assignment of mortgage as if it were the original document, filed on January 8, 2003, with the Recorder of Deeds for Cumberland County, Pennsylvania, whereby the priority of the ABN Amro mortgage would be ahead of that of the M&T Bank mortgage. Respectf y Submitted, Date: ,3-�d_ 3 �91e Bryan K Shook, Esquire Dethlefs-Pykosh Law Group, LLC ID # 203250 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone (717) 975-9446 Attorney for Petitioner RECORDED 03 JA -8 P 12-- till .d spenMatia aaor�erdout»r,amtt � yam€ LINDA MILLER xnraor�to mart RECORDER OF DEEDS FRANKLIN COUNTY RCjB'C} 1I1CI' [ 7,5718 Pastel Number: IgP M Above 796 Lhm Per Reeardar Dan) MORTGAGE Loan ID # 631091155 DEF'INMON5 Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11,13, 18,20 and 21. Certain rules regarding the usage of words used in this document are also provided in SetioD 16. (A) "Security Tmtrsrnent"means this document,wbich is dated December 13th, 2002 together with all Riders to this document. (B) "Borrower"is RICFY L. KILLIAN and RARLA J. RILLTAN . Borrower is the mortgagor under this Security Instrument. (C) "Lender"is PiRST CINTRAL WORTMOR . Lender is a CORPORATION organized and existing under the laws of MRYLAND Leader's address is 695 RANOVSR PIKE sum M:B, RAMPOTEIID, 31ARYLUW 21074 Lender is the mortgagee tinder this Security Instnrtneat. (D) "Note"means the promissory note signed by Borrower and dated December 13 th, 2002 . The Note states that Borrower owes Leader Eighty Thousand and ne/100- - - - - - - - - - - - - - - - - - - -- - - - Dollars(U.S.$so,000.00 )plus interest. Borrower has promised to pay this debt in regular pntiodicFayaents and to pay the debt in full not later than January 1st, 2073 (E) "Property"smarts the property that is described below under the heading"Transfer of Rights in the property." (F) "Loan"ttreans the debt evidenced by the Note,plus interest,any prepayment charges and late charges doe;order the Note,aril all stunts due under this Security Instrument,plus interest. (G)"Rides"means all Riders t0 this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower[check box as applicable]: 0 Adjustable Rau Rider ❑ Condominium Rider ❑ Second Hanle Ritter C) Balloon Rider ❑ Rowed d Unit Development Rider ❑ Other(s)[specify] ❑ 1-4 Family Rider ❑ Biweekly Payment Rider Initials: RIX t vrtsn vnxtA--state Family--F Ma txreame tNac tnn1FOwA shams MVfr Farm 3039 1101 more r,y re poses, PAWW-aZEUM www.mw4pswNanwndsystww.com recorded in rtecorde�- iS Fhal din Cmty.PenaY)vaW& of Qlk Q 1re0ortksrafDeeda VOL 2035PC358 (H)"Applicable Law"means all controlling Loam =d r 631091155 s an sag applicable federal.smtc and local atassrtra,regtnlatbm.ordinances and administrative auks and orders(that have the effect of lave)as well as all applicable final,tam-appealable judicial opinions. (1) "Community Association Dues,Fees,and AwtmmmtC means aB dues,fm,assessments and other charges that arc impoNad art Borrower or the Property by a condominium aasochdon.bonnowacrs associndoo or similar, organization. (,D "Mme mule Funds TmWee'meatus airy tranafex of funds,other than a transaction originated by c lieck,draft,or similar paper MMumart,wdkh is initiated WOU0 an electronic Mari.telephonic instrument,Computer,or nuguetic tape ro as to order,matt,or aathoriae a finatseial art to debit or credit an account. Such term includes,but is not limited to,paint-of-sale transfers,automated toner machine rmiuctions,transfers initiated by telephone,wire transfers,and automated clear nglwuse transfers. (K)"Escrow hams"means tb w item that arc described in Section 3. (L) "N fuss dl&De MS Pbaoecds"means any conipan:sfion,settletaeW.award of damages.or proceeds paid by any third party(other than insurance proceeds paid under the coverages described in Section 3)for: (i)damage to,or destruction of,the Property;(ii)condemnation or other tal ing of all or any part of the Property;(iii)conveyance in lieu of asndannatiau;or(iv)MillePICIRVICAtim of,or omissions as to,the value and/or condition of the Property. (M)"Mortgage Txtats'aea"means mourance protecting Lender against the nonpayment of,or default on,the Loan. (N) "Periodic Plryraeat"means the regularly sdreduled amount due for(i)principal and interest under the Note,plus (ii)any amounts redder Section 3 of this Security Instrument. (0)"RWA"means the Real Estate Settlement Procedures Act(12 U.S.C. 12601 et seq.)and its implementing regulation,Regulation X(24 C.P.R.Part 3300),as they might be amended from time to timc,or any additional or successor 109NIAUM or regulation that governs the sane subject matter. As used in this Security instrument,"RESPA" refers to all requirements and restrictions that are imposed in regard to a"federally related mortgage loan"even if the Loan does not qualify as a"federally related mortgage loml"under RESPA. (I) 'Successor In Interest of Norr w er"maw any party that has taken title to the Property.whether or not that parry has assumed Borrower's obligations under the Note and/or this Security Instrument, TRANSFER OF RICrM IN THE PROPERTY This Security Instrument secures to Lender: (i)the repayment of the Loan,and aU renewals,extensiaas and modifications of the Note;and(ii)the pesIbrumce of Borrower's covenants and agreements raider this Security Instrument and the Note, For We purpose.Borrower does hereby mortgage,grant and convey to Lander the following described property located in the County of BRamrLxar (Type of Recmdit Jurisdiction] (Name of Rtmrdina rurisdi 0m) 11111 SCHMMOL2 "A" ATTAC11D atrtas:a AND HIM A PAtiT "Off. P2NNMVANIA SW&mama,--Fatmk itfaa/lrsMk Mm UNVOttM IlV877IL%U= Farm 30" uar one?OF lsptea) PA1CM2-02222M oat►. roc VOL 2035PS359 Loan ra tt 631091155 which currently has the address of 402 WO=Loca Pl=' 8821,30131MIN rRG tSteceti [city) pennsylvania 17259 ("Property Address"): [zip c«ui TOGETHER WITH all the traplovements now or hereafter erected on the property,and ail eaacrue nts, appurtenances,and futures now or hesedfur a part of the property. All replaceulenta and addittanu shalt also be covered by this Security Instrument, All of the foregoing is referred to in this Security Instrument a the'Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage,grant and convey the Property and that the Property is unencturibesed,except for emombrsinces of recur L Borrower warrants and will defend generally rite title to the Property against 91 claims and demands,subject to any encttndarances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1, Payment of Principal,Lrterat,FA row hurts,Prepayment Charges,and Late Charges. Borrower shall pay when due the principal of,and interest on,the debt evidenced by the Note and any prepayment charges and late charges due under the Note, Borrower shall also pay funds for Escrow 110010 pursuant to Section 3. Payments due under the Note and this Security Instrument shall he made in U.S.currency: However,if any check or other instrume it received by Leader as payment under the Now or this Security Instrumentt is returned to Lender unpaid,leader may require dine any or all sudden teut 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 as institution whose deposits are insured by a federal agency,ina name aaslsty,or catty;or(d)Electroaic Punds Tmufer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by lender in accordance with the notice provisions in Section 15, decoder may rcxtrrrh any payment or partial payment if the payment or partial paytnwits are insufficient to bring the Loan current. Leader may accept any payment or partial payroem insufficient to bring die Loan current,without waiver of any rights hereunder or parejudice to its rights to refuse such payment or partial payments to the future,but Leader is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date,thou Lender rased not pay interest on=applied funds. Lehr may hold such unappliol funds until Borrower[Hakes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time,Leader said!cith a apply web funds or return there to Borrower. If not applied earlier,such fiends wilt be applied to the outstanding principal balance under the Nam immediately prior to foreclosure. No offset or"—n which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security lastnnm nt, Z. AppiicsUou of Paynaeuts or Proceeds. Except as otherwise described in this Section 2,all payments accepted and applied by Leader shall be applied in the following order of priority: (a)interest due wader the Neste;(b)pampa due under the Note;(e)amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became duce. Any remaining amounts shall be applied first to fate charges,second to any other amounts due under this Security Instnuuent,sad then to reduce the principal balance of the Note. inducts; PRVNn!'1.VAMA–Sagtk Paeaily–Faeak Newwddle use um pow DWRUMS M Farm 30N IMI 0w 3 0l!t Arta) PAILW-023ZZ86Z www. VOL 2035PG360 Loan FD N $31091155 If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient atnormt to Pay any hue charge dun.the payment may be applied to the delinquent payment and the late charge. If more than one periodic Payment is outstanding,Leander may apply my payment received iron!Borrower to the repayment of the Periodic Payments if.and to the extent that,each payment can be paid In full, To the extent that any excess exists after the Payment is applied to the fall payment of one or more Periodic payments,such exec"may be applied to any late chtsgwa clue. Voluntary pttpoyments:hall be applied first to arty preepAymant charges and then as described in the Note. Any application of payments,insurance proceeds,or Mlscdlansout Proceeds to principal due tender the"Mote shall not extend or pt s"ve 6C dw dale,m change the;m mud,of the Periodic Payments, 3. Funds for EMCNt►w RN=. Harrower shall pay to Fender on the day Periodic Psyttents are due under the Note, until the Note is paid in full,a am(thc'Funds")to provide for payment of amounts due for: (a)cartes and aswasm ims and other items which can attain priority over this Security Inauarntent as a lien or encumbrance on the Property;(b) leaaetwld gayueuts or ground rests on the Property,if any;(c)premium for any and all insurance required by Lander under Section 5;and(d)Mortgage Insurance premiums,if any,or any sums payable by Borrower to Lender in lieu of the payment of Mortgage bianratwe preen—in accordance with the provisions of Section 10. These items are called "Escrow Itextss." At origination or at any time curing the terns of the Loan.Leader may require that Community Association Chats.Foes,and Amts.If any,be escrowed by Borrower,and such dues,fees and asmanemts shall be an Escrow Item. Borrower shall promptly Ruttish to Larder all notices of amounts to be paid under this Section. Borrower shall gay Lender the Funds fur Escrow items unless Leader waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow items at any time. Any such waiver may only be in writing. In the event of such waiver.Borrower r shall pay directly,when and where payable.the amounts due for any Escrow hems for which payment of Funds has been waived by Gender and. if Lender requires,shall fnralsh to Lender receipts evidencing such payment within such time period as Leader may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument,as the phrase"coverumt and ag<ansem,is used in Section 9. if Borrower is obligated to pay Escrow Items directly,pursuant to a waiver,and Borrower fails to pay the amount due for an Escrow Item,Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lend=any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a natice given in accordance with Section 15 and,upon sucbb rovocatiou,Borrower shall pay to Lender all Funds,and in such amounts,that are that required under this Section 3. Lender tray,at any time.collect and hold Funds in as attaoutnt(a)sufficksu to permit Lender to apply the Funds at Elie time specified.under RESPA,and(b)not to exceed the maximuct amount a lender can require under RESPA. Lender shall estimate the amount of Funds des on the basis of current data and reasonable estimates of expenditures of Rmhre Escrow!tans or otherwise in atheordanct with Applicable Law. The FmWs shall beheld in an institution whose deposits are insured by a federal agency,instrumentality,or entity (including Lender,if Lender is an institution whose deposits are so insured)or in any Federal Home Loan Bank. Lender shat apply the buds to pay the Escrow Etas no later than the time specified snider RESPA. Lender shall not charge Borrower for holding and applying the Ponds,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 agreenent is made in writing or Applicable Law mgUires 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:m wilting,however, that intent shall be paid on the Funds. Lender shall give to Borrower,without charge,an annual accounting of the Ponds as required by RESPA. If there is a surplus of Funds held in escrow.as defined under RESPA,Lender shall account to Borrower for the excess funds in accordance with RESPA. If these is a shortage of Funds held in escrow,as damned under RESPA, initials: - MWSYLWAMA-Shcyate Fen*-Fam4 WUWFr*ddte Mat in UK"MMUMMT Farm 3079 nrel $We 4 of 14 as #sr PA1CM-02221M www.MwVWB*ukbgbums.com �(ILL.tr��t�GJr� Loan M 0 631091155 Lender shalt notify Borrower as required by RESPA,and Borrower shall pay to Lender the amount necessary to matte up the shortage in accords=with RESPA,but in no more than 12 mosithly payments. If there is a deficiency of Funds held in escrow,se denned under RESPA.Leader dealt notify Borrower as required by RBSPA,and Borrower shall pay to Leader the amount necessary to matte up the deficiency in accordance with RESPA,but in no more than 12 monthly Payments. Upon payment in full of all sums secured by this Security Instrument,Lender shall promptly refund to Borrower any Fonds held by Lender. 4. CAtrrM Lim. Btpsower shall pay all tarts,Asaessme ts,charges.fires,and impositions attributable to the Property which can attsm priority over this Security Instrument.leasehold payments or ground recta on the Property,If any,and Community Association Dues,Fees,and Assets,if any. To the extent that these items are Escrow items, Borrower shall pay them in the man=provided in section 3. Borrower dill!promptly dtacharge any Brat which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation seethed by the liar in a mom acceptable to Lander,but only so long as Borrower is performing such agreemeor(b)contests the lien in good faith by,or defends against enforcement of the lien in.legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while time proceedings are pending,but only unfit such proceedings are concluded;or(c)secures from the holder of the lien an agreement satisfactory to Leander subordinating the lien to this Security instrument, If Lender determines that any pan of the Property is subject to a lien which can attain priority over this Security Instrument,Lender may give Borrower a notice identifying the been. Within 10 days of the date on which that notice is given,Borrower shall satisfy the lien or take one or more of the actions sex forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verifuation and/or reporting service used by Lender in connection with this Loan. 5. Property husiranee. Borrower shalt keep the improvements ments tow existing or hereafter erected on the Property insured against loss by fire,hazards included within the tam'extended coverage."and any other hazards including,but not limited tut,earthquakes and floods,for which Leader requires jantranee. This birxiince shall be maintained in the amounts(including deductible levels)and for the periods that Leader requires, What Lender requires pursuant to the preceding sentenoes can change during the term of the Loan. The insurance carrier providing the insurance shaU 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 comaoction with this Loan,either: (a)a onertimx charge for flood zone determination,eatlfnstiom and tracking services;or(b)a on"ma charge for Rood zone determination and certification services and subsequent charges each time remapp3ngs or similar changes occur which reasonably might affect such determination or certification. Borrower shalt also be responsible for the payment of any fb a imposerd by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower falls to maintain any of the coverages described above.Letter may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. 7hetefore,such coverage shall cover Lender,but might or might not protect Borrower,Borrower's equity in the Property,or the contents of the Property,against any risk,Huard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the frost of the Insurance coverage so obtained might tignif]cantly exceed the cost of inamffiice that Borrower could have obtained. Any amounts disbursed by Leander under this Section 5 shall bo ome additional debt of Borrower secured by this Security Insn'umem. These amounts shall bear interest at the Note Tate from the date of disbursement and shall be payable,with such interest,upon notice from Lender to Borrower requesting payment. Initials: R 0 .� PENNSYLVANIA-Siogje PamSy-Fanak MasdFfreddle Mac UNIFORM INNMUbOW Fwm 3439 Vat puss 5 of II pWY) PA1CM5-02222M w .Mm tpaee..ddq .mm VOL 2O35PG362 LCAU = # 631091155 All insurance policies required by Leander and renewals of such policies shall be subject to Leader's right to approve such policies,shall include a standard nmpp clause,and shall name Loader as mmgagee andlor as an additional loss payee. Leader shall have the tight to hold the policies and rebewat catifieatu. if Leader requires, Borrower shall promptly give to Leader all receipts of paid premiums and renewal nodoe. If Borrower obtains any farm of insurance coverage.not otherwise required by Lender.for damage ter,or destruction of,the property.such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the eves of bas,Borsuwat shall give prompt notice to the insurance carrier and lender, Leader may matte proof of loss if not made promptly by Borrower. Unless Leader and Borrower otherwise agree in writing.any insurance proceeds,whether or tae the underlying insuntoce was required by Lender,shall be applied to restoration or repair of the Property,if the restoration or repair is ecatiouncally fcasibte and Lender's security is not lessened. During such repair and restoration period,Lender shall have the right to hold such insurance proceeds uatit lender has had an opportunity to inspect such Property to erasure the work has boson completed to I mder's satisfaction.provided that such inspection shall be undertaken promptly, Lauber may disburse proceeds for the repairs and restoration to a stogie Payment or In a series of progrensa payments as the work is completed. Unless an agreement is made in writing or Applicable Law regains interest to be paid on such insurance proceeds,Lender Mall not be required to pay Borrower any interest Or wasting$on such proceeds. Feet for public adjustors,or other third parties.retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Leer's security would be lessened,the insurance proceeds shall be applied to the suns secured by this Security Instrument,whether or not then date.with the excess,if any,paid to Borrower. Such insurance proceeds stall be applied in the order provided for in Section 2. If Borrower abandon;the Property.Lender nosy file,date and untie airy available instuance claim and related matters. If Borrower does not respond within 30 days to a notice fmmu Leader that the insurance carrier has offered to settle a claim,then Lender may negotiate acrd mule the Maim. The 30-day period:will begin when the notice is given. In either evem,or if Lender acquires tine Property under Section 22 or otherwise,Borrower hereby astigus to Leader(a) Borrower's rights to any insurance proceeds in an amomst root to exceed the amounts unpaid under the Nate or this Security Instrument,and(b)any other of Borrower's tights(other than the right to any refund of unearned premiums paid by Borrower)under all insurance policies coveting the Property,insofar as such rights ate applicable to the coverage of the Property. Leader may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument,whether or not then due. 6. Occupancy. Borrower shall occupy,emabliah,and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing,which consent shall not be unmet mbly withheld,or unless extenuating circumstances exist which are beyond Borrower's control. y. Preservation,Mahttensmee and Protection of the Property,Ia vectiwas. Borrower shall not destroy.damage or impair the Property,allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property,Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its clout m. Video it is determined pursuant to Section 5 that repair or restoration is not econandcaiiy feasible.Borrower shall promptly repair the Property If donWd to avoid f irdur deterioration or damage. If insurance or condo mition proceeds are paid in connection with damage to,or the taking of.the Property,Borrower shall be responsible for repairing or restoring the Property only if Leader has released proceeds for such purposes. Leader may disburse proceeds far the repairs and restoration in a single payment or in a series of progress payments as the work is completed, If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Initials:R2K Ow- PENNmyANrA—S a i+iat h,—rusate sasowedd s Mae trNrPovm vorrmt7taN J%ror 3M 1101 CWW a C1 M paSrs) PAiCM6-oniasar w+�w.Alarre8sidohyarytem�.arom VOL 2035PG363 Loan = # 631091iss Lender or its agent may mate teasoemble entries agora and inspection,of the Property. If it has reasonable cause, Lender may inspect the interior of the imptavemette;on the property. Lender shall give Borrower nauiee u the time of or prior to such an itLWW inspection specifying retch reasonable c w wx g. Bertrowees Loan Application, Borrower shalt be in default if,during the Loan application Proms,Borrower or any persons or entities acting at dx direction of Borrower or with Bortowres knowledge or consent gave materially, false,misleading,or ittatXanMe Information Or aaatC=ina to Lender(or failed to provide Lender with material lafonnadmi)In amnection with the Loan. Malarial representations include,but are not limiter(to,mptcaentations coneerniug Borrower's occapancy of f PmVerly as BamwaT's prlilapai rte. 9. Protection of Leader"s Into is the Property and Riffs[.ruder that warily butrunwalt. If(a) Borrower fails to perform the covenants aril agreements contained in this Security instrument,(b)there is a legal proceeding that might significantly affect Leader's Intetest.in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy,probate,for condemnsfion or forfeltnre,far enforcement of it lien which may attain priority over this Security tit or to enfame laws or regulations),or(c)Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument,including protecting and/or onessing the value of the Property.and securing add/or repairing the Property. U der's actions can include,but ate not limited to: (a)paying any suns secured by a lien which has Priority over this Security Instrument:(b)appearing in court,and(e)pay*reasonable attorneys'fe"to protect its interest in the Property and/or rights under this Security lb strument,including its seated position in a bankruptcy proceeding. Securing the Property includes,but is not limited to,entering the Property to make repairs, change locks,replace or board up doors and windows,drain water from pipes,eliminate building or other code violations or dangerous conditions,and have utilities tuned on or off. Although Lender may take action wider this Section 9.lender does not have to do so and is trot under any duty or obligation to do sap. It is agreed that Lender locus no liability for not taking any or all actions authorized under this Section 9. Any amounts di#ntrsai by Lender under this,Section 9 shall become-additional debt of Borrower secured by this Security lnstrament. 'These smounat shall bear interest at the Note rate from the date of disbursement and shall be payable,with such interest,upon notice from Lender to Botmwer requesting payment. If this Security ltsstrument is on a leasehold,Borrower shall comply with all the provisions of the lease. If Borrower actWires foc titic to the Property,the leasdwld and the fee title shall oat merge unless Laider agrees to the merger in writing. 10. MArtgoge Ins,trataee. If Lender required Mortgage Insuranr.c as a condition of m*ft the Loan.Borrower shall pay the premiums requirod to maintain the Mortgage Insurance in effect. (f,for any roeson,the Mortgage Insurance coverage required by Lender cesses to be available froth the mortgage usurer that previously provided such insurance and Borrower was required to matte separately designated payments toward the prennums for Mortgage Insurance,Borrower shall pay the prtrrtiuma rcquired to obtain Coverage substantially equivalent to the Mortgage Insurance previously in effect,at a east substantially equivalent to the cox to Borrower of the Mortgage Insuuancc previously in effect,from an alternate mortgage insurer selected by Lender, If substantially equivalent Mortgage Insurance coverage is not available,Borrower shall continue to pay to Leader the amount of the separately designate( payments that were due wbca the insurance Coverage ceawd to be in effect. Leader will accept,use sW retain these paymems as a non-refundable low reserve in lieu of Mortgage lnsrmapce. Such lost reserve shall be non-refundable, notwithstanding the fact that the Low is ultimately pail in W.and Leader shall not be required to pay Borrower any interest or earnings on such toss ruave. Lender can no longer require Ions reserve payments if Mortgage Insurance coverage(in the amount and for the period that Leader requires)provide(by an insurer selected by Lender again becomes available,is obtained.and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Low and Borrower was required to Initials: kj--k PSMSYLVAMA-Stssle Fan*- MmM**Mk Mae(AS=RM V49MUME tT €arm Itet ppW 7 t}14pars") PAICK7-eZZZM trrew,IVleet�gratgaa.ppm VOL 2035PG364 Loan ID M 631041ISS make scpartdy designated payments toward the premitmts for Mortgage hunrrhnce,Borrower shall pay the premiums required to maintain MortM Issurance in dfm,or to provide a nos-refundable lose reserve.until Lender's requirement for Mortgage Insurance ends in scoonlom with any written agreement between Borrower and lender provkftg for such termination Lion or until WUdnathan is regained by Applicable Law. Nothing in ilia Section 10 affects Bormwer's obligation to pay]merest at the rate providod:in the Note. Mortgage Insurance rebbMw LaKW(or myaatty that purchases the Note)for certain losses it may incur if Borrower fires not repay the Loss as agreed. Borrower is not a parry to the Mortgage Insurance. Mortgage lusurm evsltrec their total risk on all such insurance in force from time to time,and may enter into agreements with other parties that share or modify their risk,or reduce losses. Theses agreements are on terms and conditions that are sstiafaamy to the mortgage insurer ad the other party(or patties)to these its. These agreements may require the—WV insurer to awake payments using any source of funds that the mortgage insurer may have available(whisk way include dads obtained from Mortgage hisurance premiurns). As a result of these mss,Leader, any purchases of the Note.another insurer,any reinsurcr, any other entity, or any affiliate of any of the foregoing,may receive(directly or indirectly)amounts that derive from(or might be characterized es)a portion of$otmvnx's payments for Mortgage insurance,in exchange for sharing or modifying the mortgage insurer's risk,or reducing losses. if such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer,the arraigement is often termed`captive reinsurance." Further: (a) Any such agrva meats will not affect the amounts that Borrower has agreed to pay far Mortgage Insurance,or any other ttrmt of the Lase. Such agreements will not increase the examust Borrower win owe for Mortgage hwurame,and they will unt entitle Borrower to any refund. (b) Any sash will trot attest Me roft Bon weer has•if any-frith respect to the Mortgage Insurance wades•the Romeewsers Ptotectism Act of IM Cr any otter law. Tbase rigs#s may itaehtde the right to receive chin disclosures,to twluast and obtain cancellation of the Mortgage Inmuaance,to have the Mortgage Insmssrce tern hatted sutm+atleally,am ilor to receive a rdned of any Mortgage Insurance premiums that were unearned at the time of such casedletion or termination. It, Asdpmmmtt of Miscellaaeata Proceeds;Fbrfadtttne. All Miscellaneous Proceeds an hereby assigned to and shall be paid to Lender. If the Property is damaged,such Miscellaneous Proceeds shall be applied to restoration or repair of the Property,if the restoration or repair is to salty feasible and Lender's security is not lessened. During such repair mill restoration period,Lender shall have the right to hold such Miscellaneous:Proceeds until Lender bas had an opportunity to inspect orb Property to ensure the monk has been completed to Lender's satisfaction,provided that such inspection shall be undertaken promptly. Lazier may pay for the repairs and restoration in a single disbursement or in a series of progrea payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous,Prneoeda,Leader shall not be requited to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not coommicany feasible or Lender's security would be lessened,the Miscellaneous Pnoccab shall be sppiied to the aural secured by this Security I3asuument,whether or trot then due,with the excess,if any,paid to Harrower. Such Miscellany ous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking,destruction,or low in value of the Property,the Miscellaneous Proceals shall be applied to the sutras secured by this Security lubument,whether or not then due,with the excess,if any,paid to Borrower, In the event of a partial taking,desuucdoa,or loss in value of the Property in which the fair market value of the Property immediately before the partial taking.destruction,or toss in value is equal to or greater thin the amount of the Initial.: 1'�t-e: k6K F100 VANrA-Skala f nity4ftoata MWFrsddts Mae t3NrPOW DOOMiSAtt Wr Bona 3W 1,01 owv s y'Io poem) rAnc-MS-arxszeea www„ VOL 2035FG365 t.o.n 2D ft 6sio41is9 OM secured by this Security Instrusnent innuediadely before the partial taking,destruction,or loss in valve,unless Borrower and Leader oth rwdse Wet is writing.the sums secured by this Scan by Instrument Mali be reduced by the amount of the Mtaaellsomus Proceeds multiplied by the following fraction: (a)the total amotrat of the sums secured immediately before the partial taking.destruction,or loss in value divided by(b)the fair market value of the property im>mediateiy before the partial taking.destruction,or IQmt in valise. Any balance shall be paid to Borrower. In the event of a partial taking,dent nctiay or dos in value of the Property in which the fair market value of the Property Immediately before the partial taking,destruction,or loss in value is less than the amass of the stuns secured irmmediatdy before the partial taking,destruction.or loss in value.unless Borrower and Lender otherwise agree in writing,the Miscellanem Proceeds slra[I be applied to the summa secured by this Security Instrument whether or M the sums are then due. If the Property is abandoned by Borrower.or if,afi4tr notice by Leader to Borrower that the Opposing Party(as defined in the next sontmoo)offers to maize an award to settle a claim for damages,Borrower falls to respond to Lender within 30 days after the daft the notice is given,Lender is authorized to called and apply the Miacellsomus Proceeds either to restoration or repair of Bee Property or to the arms*muted by this Security Instrument,whether or not then dire. 'Opposing Party"means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miacellanewss Proceeds. Borrower stall be in default if any action or proceeding,whether civil or criminal,is begun that,in Lender's judgement,could result in forfeiture of the Property or other material impairnow of Lender's interest in the Property or rights under this Security Instrument. Borrower can curt such a default and,if accelentim has oecurreC reinstate as Provided in Section 19,by causing the action of proceeding to be dismissed with a ruling that.In Lender's judgment., precludes forfeiture of the Property or other material impaamtmt of Ladder's interest in the Property or rights under this Security Instrument. The proceeds of say award or ctaim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that ace not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12.Borrower Not Released;Forbearance By Lust Not a Waiver, Extension of the carne for payment or modification of amortization of the sums secured by this Security Instrument:Sm aed by Lem to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Merest of Borrower. Leader shall not be required to commence proceedings agnina any Successor in Interest of Borrower or to refuse to attend time for payment or otherwise modify m»rtizatiort of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors In Interco;of Borrower. Any forbearance by Lender in exercising any right or remedy Including,without limitation,Lender's ameptamce of payments from third persons,entities or Successors in Inerest of Borrower or in amounts less thin the amount then dire,"I not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Severed Liability:Cox Saemsaors and Aaligas Bound, Borrower covenants and agues that Borrower's obligations and liability a A be joint and several. However,any Borrower who co-signs this Security Insumneut but does not execute the Now(a'co-signer"); (a)is co-signing this Security Instrument starry to mortgage, gran and convey the co-signer's interest in the Property under the his of this Security Instrument;(b)U not personally obligated to pay the sums secured by this Security Instrument;and(e)agrees that Lender and any other Borrower can agree to extend,modify,forbear or snake any accommodations with regard to the terms of this Security Instrument or the Now without the Co-signer's consent. Subject to the provisions of SWAioa d$,any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument is writing,and is approved by Lader,shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Wtiais: kVie, k j,r PENNSYLVANIA—sk4k PUSAY.-Faarb as"Wr"We eau UNIFORM tNarrataMaNT Farm 3a39 root pW 9 erg es pears) PAtCM9•eZZZZM WWW. .rear i VOL2 0 3 5Pn 366 Loan ID #1 $31091155 Security Instrument unless Leader agrees to such release in writing. 'Iha covenants and agrremem of this Security Instrument shall bind(except as provided is Section 20)sad bmeftt tine successors and assigus of Leader, 14. Loans Ctnarges. Lauder may chute Borrower fees for servto s porlonood in connection with Borrower's clef wit,for the purpose of protecting Lender's Interest in the Property and rights under this Security Instrument, including,but trot limited to,sucerneysl fart,property WW Ctiott and valuation ft", In regard to any other locs,the absence of express authority in this Security Instiumead to Charge A spOcift fee to Borrower shall not be construed as a prohibition on the charging of such fee. Linder may not charge fees that we expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum lours charges,end that law is Penally interpreted so the the interest or now Itrltn charges collected or to be collated in darn with the Law exceed the permitted limits,then: (a)any such)own chi shall be trades by the amount necessary to reduce the charge to the permitted limit.and(b) any stuns already collected from Hotrower which exceeded permitted limits will be rcruaded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a rctinnd reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a pnrpsyment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower taught have arising out of such overcharge. LS. Notices. All nonces given by Borrower or leader in connection with this Security Instrument roust be in writing. Any notice to Borrower in connection with this Security Instrument shall be dawned to have been given to Borrower when mailed by first class malt or when actually delivered to Borrower's notice address if sem by other means. Notice to any one Borrower sball onstitute notice to all Borrowers union Applicable Law esproisly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lander specifies a procedure for reporting Borrower's change of address,then Borrower shall only report a change of address through that specified procedure. 'Ibtre may be only are designated tiGum address under this Security Instrument at any one tine_ Any notice to Lender shall be given by"vering it or by mailing it by first class mail to Lender's address stated herein tatless Leader has designated another address by notice to Borrower. Any siotim in comiecticm with this Security instrument shall not be donned to have been given to Lender until actually received by Leader. if any notice required by this Security Instrument is also required under Applicable Law,the Applicable Law requirement will satisfy the contspooding requirement under this Security instrument. 16. Goveraiag Law,Sawitabdllryi Aisles of Cormtruedon. This Security Instrument shall be governed by folleral law and the law of the jurisdiction in which the property is located. All rights sad obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law aright explicitly or implicitly allow the parties to agree by conrraet or it might he st€au,but such silence shall nerd be construed as a prohibition against agreement by contract. In the even that any provision or clause of this Security Intruinstt or the Note conflicts with Applicable Law,such conflict shall not affect other provisions of this Security Instrument or the Now whicb can be given effect without the conflicting provision. As used in this Security Instrument: (a)wards of the masculine gander shall mean and include corresponding neuter words or words of the feminine gender.(b)words in the singular shall scan and include the plural and vice versa;and (c)the word~may"Styes colt discretion without any obligation to take any action. 17. Borrower's Copy. Borrower thtll be givert one copy of the Note and of this Security histtruntat. 18. Trandw of the Property or a BeadSclal Interest In Borrower. As used in this Section 18,"Interest in the Property"means any legal or beneficial interest in the Property,including,btu era limited to,those beneficial interests Initials' R�-K ,i i P2NWMVA%U--$w$k Famay_ftpds Madlhrddie Use UNtFOW nS87 UMMNT Faso 3BM reel 0W to a`l4 pages) PArCMA.0222200 www.MartgagebaddaPyNeau.cous C VOL 2035FG367 Lela TM 0 631091155 transferred in a bond for steed,contract for deed.isau lament asla.a contract or escrow agreement,the intent of which is the transfer of title by Borrower as a future date to a purchaaee. If all or any pan of the Property or my Lotetest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without Leader's prior wrIne m Comm, Leader may require Ltamedlue,payment in fall of all sums secured by this Soc rtty Instrument. However,this option shall not be exadsnd by Larder if such esetdu is pmahibited by Applicable Law, It Lt uda—I—this option,Lender shall give Borrower notice of acceleration. The notice shall provide a period Of not less than 30 days fn»m the slate the notice is given in accordance with Section 15 within which Borrower mug pay all susses secured by this Security hWrttment. If Borrow"fails to pay these sums prior to the expiration of this period, Lender may invoke any terse S I s permitted by this Security Instrurmeatt without further notice or demand on Borrower, 19. Barr—w*x VA&to 1Rdmutrte Alter Aceeteradon. It Borrower meets certain conditions,Borrower shall have the right to have enfiorces=of this Security Instrument discontinued at any time prior to the earliest of: (a)five days before sale,of the Property pursuant to any power of sale contained in this Security Instrument:(b)rich other period u Applicable Law might specify for the terminations of Borrower's right to romstate;or(c)entry of a judgment enforcing this Security lustrament. 11uae conditions we that Borrower: (a)pays Under all sum which then would be due under this Security Instrument and the Note as if no ac cdclUtiton had oavrred;(b)cures any default of any other covenants or agreements;(c)pays all expenses incurred in enforcing this Security Instnnuent,including,but not limited to,reasonable attorneys'foes,property inspection sod valuation fees.and other fens tneurned for the purpose of protecting Lotder's interest to the property and rights under this Security Instrument;and(d)takes such action as Lender may reasonably require to samte that Lender's interest in the Property and rigkrs under this Security Instrument,and Borrower's obligation to pay the mans secured by this Serenity Instrument,shall continue unchanged. Larder may require that Borrower pay such remstatsiuent stints and expenses:In one or more of the following forms,as selected by Lender: (a) cash;(b)money order;(c)catiffed cheek,bank check,treasurer's check of cashier's check,provided any snot check is drawn upon an institution whose deposits are insured by a federal agency,instrutttttentahity or entity.of(d)Electronic Funds Transfer. Upon reinstatement by Borrower,this Sectuity Inattu ment and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However.this right to reinstate shall not fitly in the case of acceleration under Section 18, 20. Sale of Nate;CbmW of I.,cran So-ricer;Notice of Grievance. The Now or a partial interest in the Note (together with this Security Instrument)can be sold one or more tithes without prior notice to Borrower. A ask might result in a change in the entity(known as the"Loran Servicce)that collects Periodic Payments due under the Note and this Security Instrument and performs outer mortgage loan servicing obligations under the Marc.this Security Instrument, and Applicable Law. There also mlgitt be one or more changes of the Lam Servicer unrelated to a sale of the Note. If there is a change of the Loan Services,Borrower will be given written notice of the change which will state the haute and address of the new Loan Server,the addrm to which payments should be anode and any other Information RESPA requires in connection with a notice of traturfer of servicing. If the Note is sold and thi reafter the Loan is serviced by a Loam Servicer other than the purchaser of the Note,the mortgage lean servicing obligations to Borrower will remain with the Loan Servicer or be tratafeffed to a successor Loan Servicer stud we not assumed by the Note purchaser unless otherwise provided by the Niue purchaser. Neither Borrower nor Lender may commence,join.or be Joined to any judicial action(as either an individual litigant or the member of a clew)that arises from the other party's actions pursuant to ibis Scxarity Instrument or that i alleges that the other party has breached any provisio t of,or any duty owed by reason of,this Security Instrument,until such Borrower or Lender has notified the other patty(with such notice given in compliance with the roquiremhents of Section 15)of such alleged breach and afforded tJte other party hercto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a rim period which must elapse before certain action can be Ire d.I.:P,I—V, >-Jt P1M9VLVAMA--S*1e away—$aosW bl efFrod sus Mat t7Nra'oRhht V49MUNMW Bww xis tar trace 2r of'rx page) 002 PAIChM-92227 wtrw.Mertaa�'isahrht�6"UM.cam VOL 2t}35Pc36a Loan ID 0 631051155 taken,that time period will be demand to be reasonable for purposes of this paragraph. The notice of acceleration and ogporftMdY to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower prrsumnt to Section 18 shalt be daunted to satisfy the notice and opportunity to take cormWve action provisions of this Section 20. 21. Ilazardoft Substances. As used in this Section 21: (a)"Hazardous Substances°are those substances defamed as toxic or hazardous substances,pollutants,or wastes by Environmental Law and the following : gasoline, WONW,other fl=m*k or toxic Petroleum products,toxic pesticides and herbicides,volatile solvents,traaiedais containing asbestos or kw ualdebydo,and radioactive mWerials;(b)"Environmental law" means federal laws and laws of du jurisdiction where*0 Property is located that r(lale to health,sdcty or any4ownental lavtection;(c) "Eavk "includes Say response action,VC1110 al action,or removal action,n defined in Environmental Law,and(d)an"Environmental Condition"means a condition that can cause,contribute to,or otherwise trigger an Envuon mental Cleanup. Borrower shall not cause or permit the presence,eases disposal,storage,or release of any Hazardous Substances,or threaten to release any Haaardous 5athaasst,on or in tux Property, Borrower shall not do,nor allow anyone else to do,anything affecting the Property(a)that is in violation of any Environmental Law,(b)which creates an Environmental Condition,or(o)which,due to the presence,use,or relossc of a Hazardous Substance.creates a condition that adveeraely affmu the value of the Property. The preceding two sentences shall not apply to the puce, use,or storage on the Property of amall quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenaate of the Property(including,but not limited to.hazardous substances in consumer products). Borrower dull promptly give bender writ=notice of(a)any investigation,claim,demand,lawsuit or other action by say governmental or tagutluory agency or private party involving the Property and any Hazardous Substance or Environmental law of which Borrower has XMW knowledge,(b)any Environmental Condition,including but not limited to,any spilling,leskmg,discharge.release or threat of release of any Hazardow Substance,and(c)any condition caused by the presence,use or release of a hazardous Substance which adversely affects the value of the Property. If Borrower hearts,or is notified by any governmental or regulatory authority,or any private party,that any removal or other tanWalm of any Hazardous Substance affecting the Property is necessary. Borrower shall promptly take all necessary remedial anions in accordance with Environmental jaw. Nothing hereia shall create say obligation on leader for an Environmental Cleanup. :YON-UNIFORM COVENAWS, Borrower and Lender further covenant and agree w follows: 22. Acceleration;Retaaadi a. Leander*all give notice to Borrower prior to aoueh vans fol Owitgl Borrower's breach of any covenant or a sreaused in this Security Instruned Mut not prior to acceleration under Section 18 umlers AppBsable Law provldn otla rwisa). Le ndw shah notify Born wer of,among other thingr: (a)the dulauit; (b)the action required to ewe the detattdt;lc)when the default anust be cur 4-and(d)that failure to core the datic It as specified may result in acceleration of the stns secured by this Security Isnearu nment,foreclosure by judicial Wwwrling and ask of the harperty. Lmcldr,shall further halos Borrower of the tight to reinstate after alas and the right to saw%to the foreclosure proceeding the van-ealateanee of a default or any other tWe ase of Borrower to acceleration and faedomme. If the default Is no tared as specifled,Leader at Its option may require hnmsadlete payment In fall of all aura secured by this Security Instrument without further demand and may foreclose this Security Inetrnmmt by,facial Psncaadhmg, Loeuder shall be entitled to collect an expo+set incurred In pursuing the reasedles provided In this Section 22,including,but ant limited to,attorneys'fees and costs of title evitltatce to the atea t pa'ItdUW by Applicable Law. M. Release. Upson payment of all am secured by this Security Instrument,this Security instrument and the estate conveyed shall terminate and become void. After and occurrence,Leader shall discharge and satisfy this security ) M-NBYLVA,A-5 Far Initials: 1`;R. nay»P+aaale Mw1ltraeiar Mfae t7l+ttr^OAAt rbKa`rRi7�`i'r' Parrs,3039 tear 4'sK 11 of it Aapt11 PAICW-02222002 VOL 2035PG369 Loma ID 9 61091155 lusttum m. Borrower shall pay any recordation costs. tender may charge Borrower a fee for rekastog this Security Instruments,but only if the fee is paid to a third party for services rendered no the charging of the fee is permitted under Applicable law. 24.Waivers. Borrower,to the extent pertt tod.by Applicable tow,waives and relesses any error or defects in proceedings to enforce this Security Instrument,and hottsby waives the beoofit of any present or future laws providing for stay of exec utke,exteasioo of time,exet»lttion fmm attachment.levy and sale.and hamatead exemption, 25. RdaRa#smuut Period. Borrower's time to reinstate provided in Section 19 shall extend t0 one hour prior to the Ccn=ncemM of bidding at a sheriffs Bak or other rye p rsusid to this Security Instrument. 26. Pttrrlraaa Moray bkrt e. If my of the dent sectored by We Security Intro is lent to Borrower to wx tire title to the Ptoprtty,this Security Insttlmtent shall be a purchase money mortgage. 27. huarrest Rats After JudVaent. Borrower agrees that the interest rate payable after a judgment is envied on the Note or in an action of mortgage foreclosure shall be the rate payable from tithe to time under the Note. BY SIGNING BELOW,Borrower ate"sad agrees to the terms and covenants wined in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses. — ' - rower LY, RXC>rY KZIS+214N -Borrower qV Knu T PR -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower {Seat) -Borrower PHN14MVAMA-SherrierAMUy--Fads ModFftd&Moe UNVORM rNSTRIID4INT F"M 3M 1101 oftwisoll4popy) PAICMD•033228x2 www.M6rtV4P8~ .CM VOL 2035PG370 CertMeate of Residence Loan TD N 631091155 I do certify that the precise address of the within-named mortgagee is 695 NAMVNR PIKE SDZTE "8, NAMPSTMO, ULRYLUM 21074 Witness my hand this f$ day ofCll7f�rC/ Agau o ongagce -- -- COMMONWEALTH OF PENNSYLVAMA J�114. Cooaty ss; On this,the day of befor+e me, the appeared RZCS[Y L. [YLLZM sae! laRLR J. EZLLiJIM undtletgoEd officer,personally known to me(or satiahwtolilY proven)to be the person(s)wbm nabWs) are subaeribed to the within irinKrument and acknowledged that 17QY ---UW the same for the purposes herein contained. IN WITNESS WHEREOF,I hereunto set my hand and official seal. My Commission Expires: tunas Celli Owgraeti.Pape Notrry Foul*014* 1 vV Title of Officzr C"-" ru Yana v'j•x", PF.NNMVAN1A-4h%Oe Pamity—Fwals Mearnred&.Mac Ur4IFO M Initials: PAlCMB 02222002 tIV,4fRi111 FWM3M U0r Oveael�oflePadul W WW.MltppASddn#SyR!lBa.eeei VOL2035PG37I Legal oomovlptimea all that cartsin property situated in the'['ONNCYt4 of 90UT AWTIM, in the Oveaty et waxwLtu, and the cosssnesalth of POOe9rLVANIA, heing described a follow, DAACLL 79-14-0171 074, wed Oeie9 were fully described 1A a dead dated 9s(2e(L9se, and recorded 44126/L994, empty the land records of the county and state set forth above, in Dead Rook 101, ~M. VOL 2035PG372 ertify this to be a true f fhe 010 he. RECORDED 03 JA-B P aRapitmwottsettttn;ttt m, 45 8 WJWAp►min RECORDER MILLER FRANKLIN COUNTr 75779 ASSIGNMENT OF MORTGAGE Loan m A 631¢21155 For V*m Received,the undamped bottler of a Mortgage(her="Assagnar")whose address is 6!$ R&WOV= PXXR XUXTE Ass, MAMPSTMaD. 3NUMZattm 21074 does hereby grant,adl,assign,transfer and cemvey,unto AIM MM WRTea3s GROUP,Inc. a c orgaoiaw an lawn Of existing under the l of orporation (herein "Assignee"),whoa¢ukhvas is 2600 W. BIO UMV22 RoaD, TYOY,, all 48084 a certain Mortgage dated Deember 13th, 2002 ,made and executed by RICXY L. =LLIAH and lhl" J. 3CMLXAN to and in favor of •Z1tST CM R MAL WOATGAox upon the*dowmg described property situated m !'RatMIN County,Commwweettb of Ptnosytvanic JIM t)C81UMU 'Aa ATTACM XWXW AM MW A DART ill. midi Mortgage having been given to Secure payment of$$0,000.00 which Mortgage is of record in Book,Volume,of lAb©r No. a0 toos "`t An—no Retwtds of lJtAl at page 35 (or as No. a It the Penotyiva als,together whb the noWa)and obtipdow thetdo described,the County, beco Cottseianxr n w of interest,and ate rights accrued or to aar�under such Mortgage, Y due and to beoo®e due thereon with TO HAVE AND TO HOLD,the samt:unto Assignee,its sumeaaora and ascigna,forever,subject oWy to the terms and conditions of the above-down1W Mortgage. FWWNds ANN-t PANANI-022820aE Yqe r w x ww,,. eom VOL 2035PC373 LOM ID 6310PUSS IN WITNESS WHEItSt1F,the undem iSded Asdgw has exawed this Asipnment of Mortgsyt on slmar t'nta�tar. lsort�xoa Witam (Assigaoo - a raw ATM= of QP�'%'SYL'"i'v t�' •/�ANews. 1Fse,L�s� ty4+'r Its: coanrweft of PA ) >SS: County of V#'U ) On this 15 5 day of 1 .••Lte+�sw before me, a N f.[wsrs Public in 1► at�/Nis math"] P�IY persomaliy kowvn to me(or proved to we on the basis of sisfatmty evideme)to be the parson(s)whose name(s)ialate mbaeti W to the within instruments and admowledged w we that hslshelmny executed the sam in bialber/their mWxwiwd to tea).and that by biwter/t heir signume(s)on the inapt om the person(s),or the entity upon behalf of wbxb the person(s)acted,executed the instritmrat. WITNESS my hand sad official seat. My Commission Expires: seal ' yPibA c rq i r p PANAM-022U a3 P1ye 3 or 3 waw. ,cos ilretplly( Y�� N recoprbdin 16el1eCOO�If't OJiioeoE Frgrtkiin County.Powgvlufa t�lrlltliliht I6seadrr*run& va.2035PG374 t t al l)t.1'+ ENWBmk OPEN-M MORTGAGE t u'1 CSC 21 11 HOME EQt ffy LINE OF C ff awed Tnndm rmW Cry { NOME TO BO MOWML:nis docuumM contains provision for a giireinmwd swou"futons advances Ref.No 20043311530510 Date:fiber O,2884 Bmyuwcr 113 Naw Ricky L Killsw BCrmwer 1's Addrm 448 NkCulloch Rd,Shilrpmbw 1, PA 17257 Bbtmwa r 2's Name Karlww J Killian Blacmwer 2's Ad&vm 408 McCulloch Rd,Shipposbwwr&PA 17257 I ��a a�1 Ti Tnwft raja y �C� PA 17257 � tT k'N L �MA"ND LI RS AND 00 CEN-M) THIS OPEN4W MMTGAGE SECURES FUTURE ADVANCES UP TD A MAX AUM ROMEDNESS OF S30 .00 EKC"LUMS OF INTEREST AND BXCLUSWE OF ADVANCES THAT MAY BE MADE BY US UN�t.YM P1tOV1SWM OF PARAGRAPHS 7,8,9,10,11,11 AND 22 OF THIS MMMAGE. 1. alrsiow.e sw+ds. 8ris aur! lwu oaMa:- Srz%ty,as unm Cr�R iyllSNf, +." and �duoww or ws fn tlida; Iq tidars.Tit+C`oq #y, a Cris iwt�e Ow kan ork 1 , tc7'tmdltaw► 2. lira, To a gecom dw �a d as a a>ld Ong, e nw and ue,as the salsas s in by tba at the fug, ar se8r a as of p mW+a wm =Vw in i aaw or awz acid a} "fie atrMMt lnti tlrt WO 4w is the miraruR tbn red esdte, p ink Z, �p.� t brews now or �Y td 8 PA Y flaaeG at ffie Cr t«laa and c File Ref#20043311530510 Page i SB045PA(08!04) BK ! 892P 0053 a�� do� ¢ nemu, wileder vie pied it berme at ahw 6 mcbmm pot of a in the tat you tom fI n hurt is 60 0 P lommod atria on ape oT do�rotrir� e lw.fAvidr but bt A. la3a davru are it � '°ptit ' t or rqn ins An of a is rail whsa vR yon to do so,you itlot as cow ��.,a. ip "ttr Ad of `Iht+t esrgNe is �t W"'mypq `bsvv"$ct** a a bad ofba we of at aay of We teat vvbed f wme It b, re or . arllas aG ,a�t i�+rsta acLes bac 9. as ns.Yaw Ea Klium ss aqy 0 file of mook is the riglot tD the of it to way odwr rod fat to a sh heel ���► ass, ion eem� coq oaaretxa � s aestvitofadamidmWLens�adc you�b da io, you mart ntt w fm ami0mrit w. to mmo gg' �advaooas Bra km aa+tsmact sat w ardrer we pdd u yooraslMt ttbc r�h0wn at A �lmban tae ark to da soof iMtprt ear Spopylow asa mpa arms sra+h sod m low a n, bslr Wr amt a cif'#4 �oua of why wa prad it be=ar am arty or w dr ra�Aor IL 1s�a� m You most beep is nogv dut t atb ID 7a�reammrtC ar the a pit and a densest,antsy Of jt*Mow Darr y"�,to dot 1�. by eaciadsd+�w�atc�- 7o0d if m 4. y Yoe s�am as tint (a) 00 prve io an etas Ont a tt0� lnir of ))d m PP mra mz Sys a as � Ad 1968 ( NW cow ddk a ras PAY saws s a meter a you sws m b msossd. ` Y Onus "s sedtrsae, C7►pS arq► S. .rakd riot tw aorrplritis w ur.me p a } ai iptc lbrs of opook it °iwre °ar of teaori ae Cis t� am(e)ym;hsys C mrrt dear to as COD n 1f to m 6tart a+ais t�Yrra writ fiaar eaq► b a Wit is belt lrrW 40 a r �,eot lt�r saycla�ab ofd m Cho�e aqy ayb a ms = t1a Y'ar dul Pa Not ar begrarae y�os d • e p � ohrw wvWd is see d o 23 = Cairn wa+ride ynat to w►yq must ur the aoreinebrasrrd 7.Taass,era rmb,amd eWrps. You mttm as t rt ott on pay mW tart,an teat,aewer rest or agar v�b tri pad►a km �ts�c ► °�0rcisisn�an mapo o fI is�ar a or �t1r�att HIM I an do it tiaa time Ot 1Ys quo low my PAY'ae cam, as but we am Irsys t0,MY BPS ok YM-40 do pie �a ON of*e eu 7 a Got it w e8feer WC paid it cr drNitn iatt it yea W do lo, be Caae or . A1sa,urban wQ ark yea to do w cast,beat we wit)" ae t6 da sp eY my aq pay nr�as ass meeiedaaised p0atoa oBsar b sole a mr nm you �vhid fm P"a Sitnpoo Im � deb �ompsaty mbli llas ,ae a m. Pile lief 6 20043311530510 Page 2 SH095PA(06104) BK 1892PGO054 i but we wiR not =d to,tepid dr o m. fm am a0iy t�rC Of Ql�m 1� $nt iNl stadlr ►of dot iarrot+raoo b arty of t11C do b bnKit l� er b=or� b ow Hof., o 11. swee ` eNek . � * or o ,ter � " PW:a � +A ME n b b"s 69 a abac ANC b it WM bm=no irk bolder Mommy �rct m�or my ffit ar 10 tr it wI�iNNr s aooc(m t. We wii2 not mrNraNt orr a� 0 d�a+a"amt do 1e ass c� is or t �e rt aura ww in be`pwd t1w nmatmt of © do w u �Nt .moaoc.re pry dx •� to w no yart at` or rd '°,>wY ne is a i 'ids""`9 �il�` vic s , warm .r yaa do i��eoa..r ► ` m '°IrltNta.M. M� paNllon yr amcrwt ar rra ym b 4D w,(r)not mow oft OW d 10 psy a e emdN,r dic k>ra agieiidit lw 12. fiNr We ( e o Yaw� Or d of is Of to Of 11: 11 71w mmWd b of anlioa raorrvw oC Fs any Yrm to pay my a Mp'fta p w W. prsrn�eut rbgra3 l nntiar �e k M # In iNNr i iN!!,tNNic'iNt b�l� lli e U N1 N Ikf 13. � u oft E`gIf �► s b ulwa yb p@M avy we Cum as PtY lose or. ttr _b 14. Snmwr N14tr You mw (tea) 1�p a ar Gait r` cr is iINOrNr ar ifs � � .the Of 60 or ly cr t i ' iti0t 'Et�jr to or or aw in aweiart 'ear (CRY " /te cr 441M or of temr s Wait any c the fib Rof/200433115"10 POP 3 SOMPA(M/04) 8K1892PG0055 ,. ., , ... _,... ....._.�......._ .rte....-........._.. ,. ., . . _ a i to fOreObse oar ia#ereat in as or gnu wo to oar j p y ' ° 'mim my i*y o tir o, aC ar �any say o �on oo�uc oaMa we 11Me 1k Ik we JOB OF 1"d low Ow �° n.OOW had If we hire as aMonray as 16. s[aaaa It des.W1sat we do ad a Iali m Oyft of curs to AW awr a Yv'a sa �,htah�i of tby FAY+a' my YOU p to there sa ffiy ns ttw�ie rb so, bnt we wa affie ors of AbN » Y sstreot y polder my � wbaa ws yat to do a mast �oat IS r theme z Alan.w�han*'e a�dc m It dre ss t M offer ,wston I P� i 0 ae ar on 710 a , at s i mFw d bn ap�em" hd to Vey a 23.Oloeme. 23.{>tt6er stwgmar.Aayano a3 this as A st ie� You mmie�.n to us all mend Z �T ne do +rea m bacrOnre wbea, s�or was tU �be area �c tr�pleH vr�ilbea aem�d ml the�s bejWdiouL U. Netlaaa. Any we sued yw cC ommaing this NOnneFsa+aliM�tsaes.If s7tisr� ' such notiOes of ai ire's ��ap4' ahowasar y lib'' ,aot yet aw, we a ac dobw an sesid b�yr di of m MY in WW. by a IS � our �d wbe pmod i�an s d o nKmy V n>o s A 42 �r a You we AIVIM us f� 21)a- sd ) aw in a >is�. wrii � lad aor m21 ou v loot t►a is my now us aII of tlee pnOr shy of � ms 'we spply mosey we n ��tro�ve, lm �&a die 20,lteeaivsr.If you dew,vwe will be aWfied to have by a court to um%:=. AL RION vrr�pa�r of As,t>ya ov�mer mo ofibis court of tats tY l Hof a"aA"l a errs � t owner of a or ofd �co 27. K b'y�q.Y+OaY any raoeiva to t w�e cal of ID wg pay or �t (a cot the of ever tare becamdebeedeess w+r not mtmpp aed It=EEm t�pt y!x prud m.lYa aatroe![ Mss .#I&We Oaa do any of the any 6no wn ym ar pat rishi oc 21. Frrsale"n and amen d m l ewL If we hue an %Y.MID 'attossay a not a salaried employes of oars m bring ay d kxk or ctbor order mi d in�q" Pilo Ref#20043311530510 Pate 4 SBMPA(06/04) 8K t 892PGO056 dds y es a ttie '� «uurt£bv "�,die f. M; Vo Sol ia M teen itt _ �s ens, 31 rdimm at the toaz�e o � Bayouwo 0.at Ebs r lit ar to is i usilac the 1r, t ewe y ar ao�y atier r� Laoe. !bore e ) �cboe VWMW in tlb or M b aria 3i. �+to MW e>taerey thot boo�en . mtyYou-Mr d"w in pay y 1rw I�rc Z9. e spele acrd }ro�e pleat rl� 1rw. in$i� � raffia wsi � A F m*r IU is*0 iieltl Vd . a�owv a awry m _ �m the �e can t yet vs a�hY 7 a�oeyr� e�r by u& pP d3' oar ee iayeee a ae�me ewe ie not o ifs 38. 2 or If 2� rt You MOO aa ,�vae t abr � � ' � noriae+ be i14u my often,ad the a�egeeereeuet of saet♦e�e 31. Itae; pert a d�rios _ d6 mom' cable► bu c to be aeoeerrry to comoY 3iip baera�er l xwKy L Kiilum Deb Sig&twe ofbonvAr 2 Ka a 7 XiUiw Dde M R*(N,20043311S30S1Q PAP 5 3009SPA(MM4) 84 i 892PGO057 ;A SIGNATURE ACKNOVdJM Il M TH OF PENNSYLVANIA ; ; so: COUNTY OF CUAM ER1AAN© ; On diLs,� e day of r . 2ooa, before a% a rtc:fary Pte, the unde�sigaed officer, room appeeffed Rutty I„KMA Xwla I Kiillan Wwwn to mt(or mk6mmily proven)to 1,die pwaaa(s) whose naaee(a)twee*$060 t9l ed to the within ir*m eot,and edmagrledgied 11W WAWdwy aeeculed the same for the prapom therein coatalaed. WTi'NE3SS WHEREOF,I bwouoto set and official seal. Notary hbiewe'ad (Notarial SWI P+aratialltele tatMc . �Oemrlltlo►i CM eAenier,PMneylMeri U1wdYoa C!f Mleiides tlta preciao raaiderme of the widtm DMEned ma VWk Marae6eCmm and Traders Trust Company,is One kilo,Now York 14240. Signegax 4 zelrl�zr� AS=anbehel!ofmortg W 5ciedtile A to be allmdwd prior to r omrdiog w File Ref#2004331 1530510 Pw 6 580"PA(ow") 9K { 892PG0058 Y 'SdWduk A' NAME(S): RICKY L KILLIAN AND KARLA 70 KILLIAN LONG LEGAL: ALL THAT CERTAIN PARCEL OR TRACT Of LAND SITUATE IN THE TOWNSHIP OF SAUTmAmmN, axwm OF CUMBERLAND, COMMONWEALTH OF PENNSYLVAmA AND BEING THE SAME REAL PROPERTY CONVEYED TO RICKY L KILLIAN AND KARLA IO KILLIAN BY DEED ON 06/28/1996 IN BOOK 141 PAGE 912 AMONG THE OFFICIAL RC�W iOF CUMBERUWD COUNTY, COMMONWEALTH OF PENNSYLVANIA. SAID DEED R CE MADE HEREIN FOR A MORE RILL DESCRIPTION. TAX MAP*: 39-14-0171-070 c0rded County # r carder of Deeds p 8K 1892PC0059 VERIFICATION I hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. § 4904, relating to unsworn falsification to authorities. Date: t /�� , Name:Robert F. Musser Title: Vice President The Security Title Guarantee Corporation of Baltimore THE SECURITY TITLE GUARANTEE : IN THE COURT OF COMMON PLEAS CORPORATION OF BALTIMORE, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner No.: 2013- - CIVIL TERM V. RICKY L. KILLIAN, KARLA J. KILLIAN: CIVIL ACTION — EQUITY and MANUFACTURERS & TRADERS : TRUST COMPANY Vd/b/a M&T Bank, : DefendanVRespondents : CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Petition, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Ricky L. Killian and Karla J. Killan 408 McCulloch Road Shippensburg, PA 17257-9427 Manufacturers and Traders Trust Company t/d/b/a M&T Bank 1 M&T Bank Plaza, 6th Floore Buffalo, New York 14240 Respectfully Submitt Date: 3- 2 0-Z p/3 Bryan . Shook, squire ID #203250 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone— (717) 975-9446 BShookAdplalaw com THE SECURITY TITLE IN THE COURT OF COMMON PLEAS OF GUARANTEE CORPORATION : CUMBERLAND COUNTY, PENNSYLVANIA OF BALTIMORE. Plaintiff V. CIVIL ACTION —LAW RICKY L.KILLIAN, KARLA J. KILLIAN, and MANUFACTURERS & TRADERS TRUST COMPANY, t/d/b/a M&T BANK, Defendants NO. 13-1489 CIVIL TERM IN RE: PETITION TO AUTHORIZE THE RECORDING AND REFORMATION OF A CERTIFIED COPY OF AN OTHERWISE LOST ORIGINAL MORTGAGE AND ASSIGNMENT OF MORTGAGE WHEN THE ORIGINALS WERE MISTAKENLY RECORDED IN ANOTHER COUNTY ORDER OF COURT AND NOW, this 25`h day of March, 2013, upon consideration of the above- captioned Petition, a Rule is hereby issued upon Defendants to show cause why the relief J requested should not be granted. RULE RETURNABLE within 20 days of service. t BY THE COURT, -r r. Christylee L. Peck, J. Bryan W. Shook, Esq. 2132 Market Street Camp Hill, PA 17011 Attorney for Plaintiff Ricky L. Killian Karla J. Killian 408 McCulloch road Shippensburg, PA 17257-9427 Defendants Manufacturers and Traders Trust Company t/d/b/a M&T Bank I M&T Bank Plaza, 6`h Floor Buffalo, NY 14240 Defendant :rc SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 'I s L ff Sheri Jody S Smith AM Chief Deputy Richard W Stewart `" '' 1 ' i:13316EzzL ,Nib t Solicitor Epj4SY - ''ail , The Security Title Guarantee Corporation of Baltimore Case Number vs. Ricky L Killian (et al.) 2013-1489 SHERIFF'S RETURN OF SERVICE 03/21/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Manufacturers and Traders Trust Company t/d/b/a M&T Bank, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Complaint in Equity according to law. 03/25/2013 10:50 AM- Deputy William Cline, being duly sworn according to law, served the requested Complaint in Equity by handing a true copy to a person representing themselves to be Amanda Killian, Daughter, who accepted as"Adult Person in Charge"for Ricky L Killian at 408 McCulloch oa , Southampton Twp, Shippensburg, PA 17257. WILLIAM CLINE, DEPUTY 03/25/2013 10:50 AM - Deputy William Cline, being duly sworn according to law, served the requested Complaint in Equity by handing a true copy to a person representing themselves to be Amanda Killian, Daughter, who accepted as"Adult Person in Charge"for Karla J Killian at 408 McCullodRoad uthampton Twp., Shippensburg, PA 17257. ILL , DEPUTY 03/26/2013 The requested Complaint in Equity served by the Sheriff of Dauphin County upon Jennifer Smith, Customer Service Associate, who accepted for Manufacturers and Traders Trust Company t/d/b/a M&T Bank, at 2595 Interstate Drive, Suite 103, Harrisburg, PA 17110. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $89.92 SO ANSWERS, April 01, 2013 RONlW R ANDERSON, SHERIFF Of Shelley Ruhl Jack Dui an Real EstaTe Deputy Chief Deputy Matthew L. Owens f Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg,Pennsylvania 17101-2079 ph:(717)780-6590 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania THE SECURITY TITAL GUARANTEE CORPORATION OF BALTIMORE VS County of Dauphin MANUFACTURERS AND TRADERS TRUST COMPANY T/DB/A M&T BANK Sheriffs Return No. 2013-T-1004 OTHER COUNTY NO. 2013-1489 And now: MARCH 26, 2013 at 10:34:00 AM served the within WRIT OF SUMMONS upon MANUFACTURERS AND TRADERS TRUST COMPANY T/DB/A M&T BANK by personally handing to JENNIFER SMITH 1 true attested copy of the original WRIT OF SUMMONS and making known to him/her the contents thereof at C/O CSC, 2595 INTERSTATE DR, STE 103 HARRISBURG PA 17110 ALSO SERVED PETITION TO AUTHORIZE THE RECORDING AND REFORMATION OF A CERTIFIED COPY OF AN OTHERWISE LOST ORIGINAL MORTGAGE AND ASSIGNMENT OF MORTGAGE WHEN THE ORIGINALS WERE MISTAKENLY RECORDED IN ANOTHER COUNTY SERVED UPON CUSTOMER SERVICE ASSOCIATE Sworn and subscribed to So Answers, before me this 27TH day of March, 2013 p4�41c- ��� Sheriff of ' C By /� r COMMONWEALTH OF PENNSYLVANIA De uty Sheriff NOTARIAL SEAL Deputy: W CONWAY Karen M.Hoffman,Notary Public City of Harrisburg,Dauphin County Sheriffs Costs: $47.25 3/25/2013 My Commission Expires August 17,2014 -r THE PROTHONOTA1,11 Zit 3 APR 25 Ph 31 r8 C P9YL D COUNT E4VANIA Bryan W. Shook, Esquire ID#203250 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone—(717)975-9446 Fax—(717)975-2309 BShookadp[g�com Attorney for Petitioner THE SECURITY TITLE GUARANTEE : IN THE COURT OF COMMON PLEAS CORPORATION OF BALTIMORE, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner No.: 2013- 1489 - CIVIL TERM V. RICKY L. KILLIAN, KARLA J. KILLIAN: CIVIL ACTION — EQUITY and MANUFACTURERS & TRADERS : TRUST COMPANY t/d/b/a M&T Bank, : Defendant/Respondents : AND NOW, comes Petitioner, The Security Title Guarantee Corporation of Baltimore, by and through their attorneys, the DETHLEFS-PYKOSH LAW GROUP, LLC, by Darrell C. Dethlefs, Esquire who motions this Honorable Court to make the Order, in the form of a Rule to Show Cause, dated March 25, 2013, absolute and in support thereof states: 1. This action was commenced with the filing of a Writ of Summons on March 20, 2013. 2. Coincident with the filing of the Writ of Summons, Petitioner filed a Petition to Authorize the Recording of an Otherwise Lost Original Mortgage. 3. An Order, in the form of a Rule to Show Cause, was entered on March 25, 2013 by the Honorable Judge Peck. 4. The Order provided that Respondents shall file an Answer to the Petition within 20 days from the date of service of the Petition. 5. Original Process upon Respondents, Killian, was effectuated by the Sheriff of Cumberland County on March 25, 2013. 6. Original Process upon Respondent, Manufacturers and Traders Trust Company t/d/b/a M&T Bank, was effectuated by the Sheriff of Dauphin County on March 26, 2013. 7. Respondents, Killian have failed to file an Answer to the aforementioned Petition within the time allotted by the Court. 8. Petitioner and Respondent, Manufacturers and Traders Trust Company t/d/b/a M&T Bank, have reached an accord which is in the form of a Mortgage Subordination Agreement which is attached hereto, made part hereof and marked as Exhibit "'I". 9. Based upon all of the foregoing, Your Petitioner respectfully requests that this Honorable Court grant Petitioner the relief requested in its March 20, 2013 Petition. WHEREFORE, Your Petitioner, The Security Title Guarantee Corporation of Baltimore, respectfully requests this Honorable Court to make the March 25, 2013 Rule Absolute and enter the attached Order. Respectfully submitted, The Dethlefs-Pykosh Law V LC Date: R; S oZdf 3 By: �/ Bryan . Shook, Esquire Dethlefs-Pykosh Law Group, LLC ID # 203250 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone (717) 975-9446 Attorney for Petitioner Tax Parcel#39-14-0171-039 Property Address:408 McCulloch Road, Southampton Township, Shippensburg, Pennsylvania 17257 MORTGAGE SUBORDINATION AGREEMENT THIS MORTGAGE SUBORDINATION AGREEMENT is made this the day of April, 2013, between CitiMortgage, Inc. S/B/M to ABN AMRO Mortgage Group, Inc., and M &T Bank, as follows: WHEREAS, CitiMortgage, Inc. S/B/M to ABN AMRO Mortgage Group, Inc, is, by assignment, of record, but erroneously recorded in the Office of the Recorder of Deeds in for Franklin County, Pennsylvania Book 2035, Page 373, the Mortgagee on a mortgage from Ricky L. and Karla J. Killian, Mortgagors, which mortgage is also erroneously recorded in the Office of the Recorder of Deeds in for Franklin County, Pennsylvania Book 2035, Page 358, for a Note Amount of $80,000.00, which mortgage encumbers certain real property, together with all buildings, improvements, fixtures and equipment located on the property described in Exhibit"A". WHEREAS, a certain action, by way of Petition of The Security Title Guarantee Corporation of Baltimore, in equity, has been commenced in the Court of Common Pleas of Cumberland County, Pennsylvania at Docket Number 2013- '1489 — Civil Term, to authorize the recording and reformation of a certified copy of an otherwise lost original mortgage and assignment of mortgage when the originals were mistakenly recorded in another county (Franklin County) ("Petition"). WHEREAS, said Petition seeks to permit The Security Title Guarantee Corporation of Baltimore, on behalf of CitiMortgage, Inc. S/BIM to ABN AMRO Mortgage Group, Inc., to reform the original mortgage's legal description to reference Cumberland County, Pennsylvania and permit the filing of Certified Copy of the original Mortgage and Assignment from the records of the Franklin County, Pennsylvania Recorder of Deeds Office. WHEREAS, said Petition also seeks to establish the priority of mortgage liens against the real property of Ricky L. and Karla J. Killian located at 408 McCullough Road, Shippensburg, Cumberland County, Pennsylvania. WHEREAS, M & T Bank, agrees to resolve the Petition by consenting to the Petition and further agreeing to subordinate their December 6, 2004 mortgage to security a home equity line of credit with Ricky L. and Karly J. Killian, for an amount of $30,000.00, in favor of CitiMortgage, Inc. S/B/M to ABN AMRO Mortgage Group, Inc., mortgage. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, receipt of which is hereby acknowledged, and intending to be legally bound, M &T Bank hereby agrees as follows: 1. SUBORDINATION. M &T Bank agrees that their mortgage with Ricky L. and Karly J. Killian, which is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Book 1892, page 53, shall be subject to and subordinate to the mortgage executed by Ricky L. and Karly J. Killian, as Mortgagors, to CitiMortgage, Inc. S/B/M to ABN AMRO Mortgage Group, Inc., Mortgagee by assignment, executed on or about December 13, 2002 securing an amount of $80,000.00 and said parties thereby confirm the priority by recording this Subordination Agreement in the Office of the Recorder of Deeds of Cumberland County. This provision shall be binding on the parties hereto and their respective successors and assigns. The subordination only applies to the property as more particularly described in Exhibit"A" attached hereto. IN WITNESS WHEREOF, Laurence Kisker, Authorized Officer of M & T Bank , has hereunto set his/her hand and seal as of the day and year first above written, with the intent to be legally bound by this Agreement. ATT�ST`: Fr 4 Ir Laurence KiSker, Administrative Vice President M & T Bank STATE OF NEW YORK SS. COUNTY OF ERIE On this day of April 2013, before me a Notary Public, the undersigned officer, personally appeared Laurence Kisker, Authorized Officer of M & T Bank known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged that helshe/they executed the same for the purpose therein contained. N WITNE S WHEREOF, I have hereunto set my hand and notarial seal. I A (A My Commission Expires: V �?,;OTrL- ............................................. Exhibit A Legal Description All that certain property situated in the Township of Southampton, in the County of Cumberland and the Commonwealth of Pennsylvania being described as follows: Tax Parcel: 39-14-0171-039. BEGINNING at a railroad spike set in the centerline of Legislative Route No. L.R. 21006 (McCulloch Road) at line of lands now or formerly of Randy L. Cover and Donna L. Cover; thence along lands now or formerly of Randy L. Cover and Donna L. Cover, South 35 degrees East, 400.00 feet to an iron pin; thence along lands of the same, South 51 degrees 30 minutes 10 seconds West, 160.49 feet to an iron pin at line of lands now or formerly of Donald Heefner, North 40 degrees West, 175 feet to an existing iron pin; thence along lands of the same, North 16 degrees 26 minutes West; 212.17 feet to an existing railroad spike in the centerline of Legislative Route No. L.R. 21006 (McCulloch Road); thence in the centerline of said road, North 37 degrees 21 minutes East, 113.22 feet to the place of BEGINNING. Containing 1.3503 acres, more or less, according to the draft of survey of John R. Kisslinger, R.S., dated April 12, 1988 and recorded on February 6, 1989 in Plan Book 57 at Page 65, Being Lot. No. 1 thereon. Being the same property which Randy L. Cover and Donna F. Cover, husband and wife, conveyed to Ricky L. Killian and Karla Jo. Killian by deed dated July 1, 1994 and recorded August 4, 1994 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at Deed Book 109, Page 796. THE SECURITY TITLE GUARANTEE IN THE COURT OF COMMON PLEAS CORPORATION OF BALTIMORE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner No.: 2013- 1489 - CIVIL TERM V. RICKY L. KILLIAN, KARLA J. KILLIAN: CIVIL ACTION — EQUITY and MANUFACTURERS & TRADERS : TRUST COMPANY t/d/b/a M&T Bank, : Defendant/Respondents : CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Motion, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Bill Mariani Vice President & Business and Planning Managers M&T Bank Legal Department One M&T Plaza, 12th Floor Buffalo, New York 14203 Ricky L. Killian Karla J. Killian 408 McCulloch Road Shippensburg, Pennsylvania 17257-9427 Respectfully submitted, The Dethlefs-Pykosh L w Group, LLC Date: A an; 013 By BiKn W. Shook, Esquire Dethlefs-Pykosh Law Group, LLC ID # 203250 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone (717) 975-9446 Attorney for Petitioner THE SECURITY TITLE GUARANTEE : IN THE COURT OF COMMON PLEAS CORPORATION OF BALTIMORE, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner No.: 2013- 1489 - CIVIL TERM V. rnW r RICKY L. KILLIAN, KARLA J. KILLIAN: CIVIL ACTION — EQUITY and MANUFACTURERS & TRADERS : -<> TRUST COMPANY t/d/b/a M&T Bank, : - Defendant/Respondents ORDER AND NOW, this the /9-�(,k day of �. 2013, upon consideration of the Petitioner's Motion to Make Rule Absolute and The Security Title Guarantee Corporation of Baltimore's Petition to Authorize the Recording and Reformation of a Certified Copy of an Otherwise Lost Original Mortgage and Assignment of Mortgage when the Originals were Mistakenly Recorded in another County, it is hereby ORDERED that: 1. The March 25, 2013 Order is hereby made ABSOLUTE. 2. Petitioner, The Security Title Guarantee Corporation of Baltimore, is hereby authorized and permitted to reform the legal description of the December 13, 2002 mortgage attached to their Petition as Exhibit "A" to read as follows: Legal Description All that certain property situated in the Township of Southampton, in the County of Cumberland and the Commonwealth of Pennsylvania being described as follows: Tax Parcel: 39-14-0171-039. BEGINNING at a railroad spike set in the centerline of Legislative Route No. L.R. 21006 (McCulloch Road) at line of lands now or formerly of Randy L. Cover and Donna L. Cover; thence along lands- now or formerly of Randy L. Cover and Donna L. Cover, South 35 degrees East, 400.00 feet to an iron pin; thence along lands of the same, South 51 degrees 30 minutes 10 seconds West, 160.49 feet to an iron pin at line of lands now or formerly of Donald Heefner, North 40 degrees West, 175 feet to an existing iron pin; thence along lands of the same, North 16 degrees 26 minutes West; 212.17 feet to an existing railroad spike in the centerline of Legislative Route No. L.R. 21006 (McCulloch Road); thence in the centerline of said road, North 37 degrees 21 minutes East, 113.22 feet to the place of BEGINNING. Containing 1.3503 acres, more or less, according to the draft of survey of John R. Kisslinger, R.S., dated April 12, 1988 and recorded on February 6, 1989 in Plan Book 57 at Page 65, Being Lot. No. 1 thereon. Being the same property which Randy L. Cover and Donna F. Cover, husband and wife, conveyed to Ricky L. Killian and Karla Jo. Killian by deed dated July 1, 1994 and recorded August 4, 1994 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at Deed Book 109, Page 796. 3. Petitioner, The Security Title Guarantee Corporation of Baltimore, is hereby authorized and permitted to file a Certified Copy of the December 13, 2002 Mortgage attached to their Petition as Exhibit "A" with the aforementioned reformed legal description. 4. Petitioner, The Security Title Guarantee Corporation of Baltimore, is hereby authorized and permitted to file a Certified Copy of the December 13, 2002 Assignment of Mortgage attached to their Petition as Exhibit "B" 5. The Recorder of Deeds in and for Cumberland County, Pennsylvania shall accept for filing and indexing a Certified Copy of the December 13, 2002 Mortgage, attached to Petitioner's Petition as Exhibit "A", with the aforementioned reformed legal description. 6. The Recorder of Deeds in and for Cumberland County, Pennsylvania shall accept for filing and indexing a Certified Copy of the December 13, 2002 Assignment of Mortgage, attached to Petitioner's Petition as Exhibit "B", with the aforementioned reformed legal description. 7. The Mortgage Subordination Agreement executed by M & T Bank on April 16, 2013 is incorporated into this order, but not merged and the Mortgage Subordination Agreement shall be filed with the Recorder of Deeds in and for Cumberland County, Pennsylvania. BY THE COURT, JCI-11 A- J. Distribution Legend to Follow Distribution Legend /Bryan W. Shook, Esquire Ricky L. Killian and Karla J. Killian 2132 Market Street 408 McCulloch Road Camp Hill, PA 17011 Shippensburg; Pennsylvania 17257-9427 Aill Mariani Vice President & Business and Planning Managed M&T Bank Legal Department One M&T Plaza, 12th .Floor Buffalo, New York 14203