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Home My WebLink About04-5746 ;VIcCAln=, WEISBERG AND CONWAY, P.C. BY: TERRENCE J.lVIcCABE, ESQUIRE ldentitication Number 16496 123 SOli th Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Centex Home Equity Company, LLC 350 Highland Drive Lewlsville, TX 75067 v. Kathll' Gruel 26U5 i\larket Street Camp Ilil!, P ^ 17011 Attorney for Plaintiff Cumberland County Court of Common Pleas Number 01../ - S7i./fc CiUlL~~ CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE YOll ha\.c bcen slIcd in COllrt. Ifyoll wish to defend against the ,i~llms set l'lJrth in thc 1'0110\\ Ing pages, YOll l11L1st take action \\ ilhill twenty (20) days after tillS complaint and notice are ,cn cd. by cntering a written appearance personally or by altonlcy ~lIld f'iling in writing With the COLlrt YOLlr defenses or obJcctions to the claims set forth against YOll. You are warned that If you fail to do so the case l11ay procced without you and a JLldgmclllmay bc entered against YOll by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to YOLl. YOU SHOl'LD TAKE THIS PAPER TO YOUR LA WYER 1\ r ONCE. IF YOU DO NOT HAVE A LA ",.-YER. CO TO OR TELEPHONE THE OFFICE SET FOR'III BEL 0\\'. THIS OFFICE CAN I'ROVlD[ YOl: WITH ["'FORMATION ABOUT HIR1NG;\ LAWYER. IF YOe CANNOT AFFORD TO HIRE A LA WYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AG ENC rES THAT MA Y OFFER LEGAL SERVICES TO ELIGJBLE PERSONS AT A REDUCED FEE OR :\0 FEE C\lllllwrl~\Il<\ C ,'\In\y Uar Assocl~\\\on 2 Llbc'rl\ ,\\CIi<'C Cdrlisk. PA, I:OL1 ~()()-l)l)O-() I OS A VISO Le han demandado a usted en la corte. Si Listed qui ere defenderse de estas demandas ex-puestas en las paginas sigLlientes, Listed tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta as ental' una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita SLlS defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado qLle si listed no se defiende, la corte tomara medidas y puede continual' la demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas Jas provisiones de esta demanda. Usted puede perder dinero 0 SLlS propiedades u atros derechos lmportantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIA T AMENTE. SI USTED NO TIENE A UN ABOGADO, V A A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, EST A OFICINA PUEDE SER CAP AZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARlO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar ASSociation 2 Liberty Avenue Carlisle, P A, 17013 800-990-9108 McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (2]5) 790-10] 0 Attorney for Plaintiff CCl1tcx HUI11\.' Equity Company, LLC 350 Highland Drive Lewisvdk TX 75067 Cumberland County Court of Common Pleas v. Kathie Grucz 2605 Market Street Camp Hill. 1>/\ 17011 Number CIVIL ACTION/MORTGAGE FORECLOSURE I. Plaintiff is Centex Home Equity Company, LLC, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Kathie Grucz, who is the mortgagor and real owner of the mortgaged property hereinatter described, and her last-known address is 2605 Market Street, Camp Hill, P A 17011. 3. On 03/18/2002, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1753, Page 2968. 4. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 2605 Market Street, Camp Hill, P A 17011. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectIble forthwith. 6. Th~ following amounts are due on the mortgage: Pnnclpal Balance $ 121,040.55 Int~r~st 06/01/2004 through 10/29/2004 $ 6,531.22 (Plus $ 45.60 per diem thereafter) Attorney's Fee $ 6,052.03 Late Charges $ 1,358.34 Corporate Advances $ 11,774.86 Cost of Suit $ 225.00 Apprmsal Fee $ 125.00 Title Search $ 200.00 GRAND TOTAL $ 147,307.00 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriffs Sale. If the mortgage is remstated prior to the Sale, reasonable attorney's fees will be charged based on work actually pcrforml'd. ~. Notice nf Intention to Foreclose as required by Act 6 of 1974 (41 P.S. 9403) and notice reqLllred by the Emergency Mortgage Assistance Act of 1983 as amended under 12 P A Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certlficate of mailing and by certified mail, return receipt requested. WHEREFORE, PlaintitY demands Judgment against the Defendant in the sum of $147,307.00, together with Interest at the rate of $45.60 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. *,~~UffiE Attorney for Plaintiff VERlFICA TION The undersigned, Tenence J. McCabe, Esquire, hereby certifies that he is the Attorney for the Plaintiff in the within action, and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that l'alse statements herein are made subject to the penalties of 18 P A.c.s. 94904 relating to LlnS\\ om Lllsilicatiol1 to authorities. t!!~~~ ) ;~~"7D ( .~ :_. ~~ rt .', . ..: '~:i;' O:::EDS '.; ,.1, :;: ~..., ~.,',:; J COLI NTY - PA r02 rmn 28 AP11112 Prepared By: JOSH VELASQUEZ (fL z!'~O Return To: GENERAL AMERICAN CORPORATION POBOX 1117 PITTSBURGH PA 15230-1117 fI!Ol/l: !P&- It/f-I(,/7 Parcel Number: 01210271508 249214952 [Space Above This Line For Recording Data) MORTGAGE DEFINITIONS Words used in multiple sections of this document are defmed below and other words are defmed in Sections 3, 11, 13, 18,20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated together with all Riders to this document. (B) "Borrower" is KATHIE GRUCZ 3/18/2002 Borrower is the mortgagor under this Security Instrument. (C) "Lender" is Lender is a CENTEX HOME EQUITY COMPANY, LLC A LIMITED LIABILITY COMPANY r I 1- A tX1\)\. PENNSYLVANIA - Single Family. Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1101 .. -6(PA) (0008) <!> Page 1 of 16 Initials: -K &- 11111111111111 IIll1lli II~ 11111111 . I'" \ r" J ' , '" Ex 1,., , VMP MORTGAGE FORMS. (800)521-7291 BK 1 1 r- n r'G I J j i) , 2 9 6 8 249214952 organized and existing under the laws of THE STATE OF DELAWARE Lender's address is 2828 NORTH HARWOOD DALLAS, TX 75201-1516 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated The Note states that Borrower owes Lender 3/18/2002 ONE HUNDRED TWENTY ONE THOUSAND EIGHT HUNDRED & 00/100 Dollars (U.S. $ 121,800.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than 4/01/2032 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property. " (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: [!J Adjustable Rate Rider o Balloon Rider o VA Rider D Condominium Rider o Planned Unit Development Rider D Biweekly Payment Rider D Second Home Rider D 1-4 Family Rider D Other(s) [specify] (II) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable fInal, non-appealable judicial opinions. (I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a fInancial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. .. -6(PA) (0008) <!l Page 2 of 16 Initials: ~ Form 3039 1/01 RI! I ..., c: r, pI: ? 9 r 9 lJl\ I v.) U L.. 0 249214952 (0) "RESPA" means the Real Estate Settlement Procedures Act (12 D.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA ~ refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the COUNTY (Type of Recording Jurisdiction] of CUMBERLAND [Name of Recording Jurisdiction]: All that tract or parcel of land as shown on Schedule "A" attached hereto which is incorporated herein and made a part hereof. which currently has the address of 2605 MARKET STREET CAMP HILL ("Property Address"): [City] , Pennsylvania 17011 [Street] [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property. " _ -6(PA) (0008) <!> Initials: .r?-?s- Form 3039 1101 Page 3 of 16 Bf< ! I ~ ~ ~)r. 2 0 7 0 i, I i v V I I] -l I 249214952 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property . UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in Initials: ~'- Form 3039 1/01 G-6(PA) (0008) @ Page 4 of 16 BK f 7 5 3 PG 2 9 7 I 249214952 full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the G -6(PA) (0008) (!> Inilials:& Form 3039 1/01 Page 5 of 16 BK J 7 5 3 PG 2 9 7 2 249214952 Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defmed under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defmed under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defmed under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fmes, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and traclcing services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. e-6(PA) (0008) @ Page 6 of 16 IniliaIS:~ Form 3039 1/01 BK f 7 5 3 PG 2 9 7 3 249214952 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee andlor as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lende~, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee andlor as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may fIle, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. Initials: 126- Form 3039 1/01 G-6(PA) (0008) @ Page 7 of 16 Sf( , 7 5 3 PG 2 9 7 4 249214952 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. G-6(PA) (0008) @ Initials: <(! G- Page 8 of 16 Form 3039 1/01 IW r 7 c: "'j' or 2 9 ...., 5 vn r I v I lJ 249214952 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance. " Further: (a) Any such agreements wiIJ not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. G-6(PA) (0008) @ Page 9 of 16 InitiaIS:~ Form 3039 1/01 8K I 7 5 3 PG 2 9 7 6 249214952 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance .premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defmed in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of G-6(PA) (0006) @ Page 10 of 16 Initials: ~G-- Form 3039 1/01 BK I 7 5 3 PG 2 9 7 7 249214952 Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the (')f{ler PfQvided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Cbarges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. Initials: -I!G- G-6(PA) (0008) @ Page 11 of 16 Form 3039 1101 QI! , 7 t::" 3 Dr ? 9 7 8 wi' ....1! L1 '-" 249214952 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by fIrst class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to anyone Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifIes a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specifIed procedure. There may be only one designated notice address under this Security Instrument at anyone time. Any notice to Lender shall be given by delivering it or by mailing it by fIrst class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or benefIcial interest in the Property, including, but not limited to, those benefIcial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a benefIcial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) fIve days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all 0-6(PA) (0008) @ InitiaIS:~ Form 3039 1101 Page 12 of 16 BK I 7 5 3 PG 2 9 7 9 249214952 expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and]) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and ights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security trument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instmmentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in cOIUlection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances dermed as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as dermed in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. G -6(PA) (0008) @ Page 13 of 16 InitiaIS:~ Form 3039 1/01 BK I 7 5 3 PG 2 9 8 0 249214952 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the deCault; (b) the action required to cure the default; (c) when the deCault must be cured; and (d) that failure to cure the deCault as specified may result in acceleration oC the swns secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall Curther inCorm Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence oC a deCault or any other defense oC Borrower to acceleration and foreclosure. If the deCault is not cured as specified, Lender at its option may require immediate payment in Cull oC all sums secured by this Security Instrument without further demand and may Coreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. Initials: ,!' G-- G-6(PA) (0008) @ Page 14 of 16 Form 3039 1/01 BK I 7 5 3 PG 2 9 8 f 249214952 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. /' J--rzt~ 0"~'(Seal) t~~RUCZ . V -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower _ (Seal) -Borrower (Seal) -Borrower e-6(PA) (0008) ~ Page 1501 16 Form 3039 1/01 BK J 7 5 3 PG 2 9 8 2 249214952 Certificate of Residence I, JOSH VELASQUEZ the correct address of the within-named Mortgagee is 2828 NORTH HARWOOD,~tLLAS, TX 1 201-J:/~. 1 WitneS' my hand tm. ) t~ day of ?n mit/1 JOSH vtLASQUEZ , do hereby certify that J.- o-c J-. Agent of Mortgagee COMMO~ALTH OF PErrSYLVANIA, On this, the / ~ C1:: day of undersigned officer, personally appeared "\) ~~ County ss: 711 AK C "( I dao) , before me, the KATHIE GRUCZ known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. NOTARIAL SEAL ROBERT G. RADEBACH. N,otary Public City of Harrisburg. Dauphin. County My ~ommissio~ires_AprJl 8, 2002 ,. 1.':-'; '... .r" . ~~ '. < IN WITNESS WHEREOF, I hereunto set my hand and official My Commission Expires: -.. ~. -"~ .- ~ -~.. . . ":'; ".. . ,~\ ~ ... ',"'V'\', .:~ ; .... " . "t~ "t. Title of Officer .. -6(PA) (0008) (!> Initials: c---;< G. Form 3039 1/01 Page 16 of 16 BK I 7 5 3 PG 2 9 8 3 Deed #1 Notes For: 20-01355720 ALL THAT CERTAIN LOT OR PIECE OF GROUND SITUATED IN THE BOROUGH OF CAMP HILL, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH SIDE OF MARKET STREET, EIGHTY-THREE AND FIVE-TENTHS (83.S) FEET WEST OF THE SOUTHWEST CORNER OF MARKET STREET AND BOWMAN AVENUE; THENCE AT RIGHT ANGLES IN A SOUTH-ONLY DIRECTION ALONG LANDS NOW OR FORMERLY OF ANNA I WOLF TWO HUNDRED (200) FEET TO A 15-FOOT PUBLIC ALLEY; THENCE AT THE RIGHT ANGLES IN A WESTERLY DIRECTION ALONG THE NORTH SIDE OF SAID lS-FOOT ALLEY FORTY-ONE (41) FEET TO A POINT; THENCE AT RIGHT ANGLES IN A NORTHERLY DIRECTION TWO HUNDRED (200) FEET TO MARKET STREET; THENCE AT RIGHT ANGLES IN AN EASTERLY DIRECTION ALONG THE SOUTH SIDE OF MARKET STREET FORTY-ONE (41) FEET TO THE PLACE OF BEGINNING; CONTAINING FORTY-ONE (41) FEET IN FRONT ON MARKET STREET AND EXTENDING BACK AN EVEN WIDTH TWO HUNDRED (200) FEET TO THE AFORESAID 15-FOOT PUBLIC ALLEY, AND HAVING THEREON ERECTED A TWO AND ONE-HALF STORY BRICK DWELLING HOUSE NO. 2605 MARKET STREET. BK J 7 5 3 PG 2 9a~\ 1 of 1 249214952 (LffiOR 6 Month Index (As Published In The Wall Street Journal) - Rate Caps) ADJUSTABLE RATE RIDER THIS ADJUSTABLE RATE RIDER is made this 18th day of MARCH 2002 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Adjustable Rate Note (the "Note") to CENTEX HOME EQUITY COMPANY, LLC (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 2605 MARKET STREET CAMP HILL, PA 17011 [Property Address] THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDmONAL COVENANTS. In addition to the convenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTIll. Y PAYMENT CHANGES The Note provides for an initial interest rate of 11. 750 %. The Note provides for changes in the interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTIll. Y PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the 1st day of OCTOBER ,2002. and on that day every 6TH month thereafter. Each date on which my interest rate could change is called a "Change Date. " (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for 6 month U.S. dollar-denominated deposits in the London market ("LlBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the first Multistate Adjustable Rate Rider - LillOR 6 Month Index Modified 838U (9705) / FNMA 3138 (6/94) CE838U1 (031098) Page 1 of 3 '// =K~ Bv I 1 ~ q Dh ? Q 8 5 1\ . i '-"..... I _ - of 249214952 business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index. " If the Index is no longer available, the Note Holder will choose a new Index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding ELEVEN AND 750/1000 percentage point(s) ( 11. 750 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125 %). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 12 . 7 50 % or less than 11 . 7 5 0 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than ONE AND 000/1000 percentage point(s) ( 1. 000 %) from the rate of interest I have been paying for tl:!e preceding 6 months. My interest rate will never be greater than 18 . 750 %. * (E) Effective Date of Changes * or lower than 11.750 %. My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 17 of the Security Instrument is amended to read as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender infofII\!l9~reqUired by Initials: -1<..., G-838U (9705) Page 2 of 3 orm 3138 6/94 @ ..... '-'f"' '/ ('\ ~O c. ~R \ 7 5 'j r\J ,-'" 0 249214952 Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies pennitted by this Security Instrument without further notice or demand on Borrower. BY SIGNING BEWW, Borrower accepts and agrees to the tenns and covenants contained in this Adjustable Rate Rider. ~~~ ~u (9705) (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower Page 3 of 3 Form 3138 6194 Recorder of Deeds 8K \ 7 5 3 PG 2 9 87 ~ 1 ..tg. 0 -- ~ l'I1 ~ p ,,-> G () (":.,;:) L :''') \.~) ........ -n ~ ~ f! ," .'" :-;J , ":> ~ "1,,:: i" ;-1 :~1J i .. 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( l ~( ~ ~ 1\. $-;d rl" j <</b sz~v-"~ J{~l~ ~ G ~ lA.(L ~~~ , ;V'\-L- C"~ ~ vJ Q. : 3 r,..>-f r C (u tV' '-.J I c {-t, ~ -(' e:;r.f e- ~~ ~ S J/'i ~ (~tr:>-( C [57 ~v-( J:; p ~ tG 4l ~ (L-5 5. f3r 6""t.f SV~~ s ~~bd~U ~~';) ~\ a /(~ ~Ol 01 -=i.~~ ,<---NOTARIAL'SEAL I MIGHAEL R. CARANCI. Notary Public ,~er~oyne . B~ro. C~mberland County "y loIDmm!~SlOn Exmre.s June 15, 200h . --- ~ ~ OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, P A 17013 Curt Long Prothonotary December 20, 2004 To: Kathie Grucz 2605 Market Street Camp Hill, PA 17011 Centex Home Equity Company, LLC Cumberland County Court of Common Pleas vs. Kathie Grucz Number 04-5746 Civil Term NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE NOTIFICACION IMPORTANTE You ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. You SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENT ADO UNA COMP ARECENCIA ESCRIT A, Y A SEA PERSONALMENTE 0 POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEB IDA DENTRO DE DlEZ (10) DlAS DE LA FECHA DE EST A NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DlCTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOS IMPORT ANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDlATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. EST A OFICINA LO PUEDE PROPORCION <\R CON INFORMACION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUClDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liherty A venue Carlisle, PA, 17013 800-990-9108 Cumberland County Bar Association 2 Liberty A vc:nue Carlisle, PA, 17013 i ~ 800-990-9108 V /Jj ., L abe- Terrence~ J. McCabe, Esquire Attorney for Plaintiff McCAB]~, WEISBERG & CONWAY, P.C. 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 TJM/rda ,/ :\lcCABl<:, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. l\lcCABE, ESQUIRE Idrntil1catiou Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylyania 19109 (215) 790-1010 Centex Home Equity Company, LLC 350 HiglJJand Drive Lcwisvi]re, TX 75067 y, Kalhie Grucz ::!6()5 j'darker Street C[lmp Hill. PA ] 70] I Attorney for Plaintiff Cumberland County Court of Common Pleas Number 04 - S'1 't~ C:lc.Xl<-r~ CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE A VISa Youlwv\.' lKen sucd in court. If you wish 10 defcnd against the rl:lJnlS sel t"0r1h in the fo II 0\\ ing pages, you must lake action 1\ Ilhill twellty (20) days alkr Ihis cOlllplaint and notice are ser\'.:d. by elHenng a wrllten appe~rance personally or by ~tlorney and filing in writing with the court your defenses or objectiolls 10 the claims set fOrlh against you. You are warned thaI I f you fa 11 10 do so the case may proceed without you and a judgmenllllay bc entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER A r ONCE. IF YOU DO NOT HAVE A LA WYER. GO TO OR TELEPHONE THE OFFICE SET FORT! 1 BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT .AFFORD TO HIRE A LA WYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MA Y OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUlllberland COllllly Bar Association 2 Liberty A venue Carlisle, PA. 17013 800.')')0-') I 08 Le han demandaclo a usted en la corte. Si usted quiere defenderse de estas demandls ex-pucstas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la nOl1ficacion. Hace falta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea a\'isado que si usted no se defiende, la corte tomara medidas y pllede continuar la demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere qlle usted cumpla con todas las provisiones de esta demanda. USled puede perder dinero 0 SllS propiedades II OtTOS derechos importantes para listed. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAP AZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty A venue Carlisle. P A, 17013 800-990-9108 TRUE COpy FRCM RECORD t" T.....~ti~.t'''"''' 'P:' ,.,.... ..~~ . ". ...,.:~ 1If"" t:'l'>t "' 0' ...~....... I' &:\......'t.~.H::1 --'~~ ..j-~ 'J. ~ '~',~ ~~ ..~ <'4.:; .......... .f.f lu~1U ~~i~~~:~~ ' I:\.o^",.q ,,"".,.. '"_ "'" ~. T I~::..,....,...J~,~.. 1 -- (") .-..:) c = 0 c:-::> ~~ ..x:- -n ~. , 0 -I ll' ..~ --:--,.:-! rr1 :r: ~. CJ m:!] :~~ r--" CO.'.' W -or;; - .'~ 0 :.09 ik 0 ..-{O -0 .-1: .-,-. :x C) -ri 7() :.~ .r:- om --' ::-l -( W ~ 0 .< McCABE, WEISBERG & CONWAY, P.c. BY: MARC S. WEISBERG, ESQUIRE Identification Number 17616 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Centex Home Equity Company, LLC 350 Highland Drive Lewisville, TX 75067 COURT OF COMMON PLEAS CUMBERLAND COUNTY v. Kathie Grucz 2605 Market Street Camp Hill, PA 1701] NO. 04-5746 PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY: Please list the within matter for the next Argument Court. I. State Matter to be argued (i.e., Plaintiff's Motion for New Trial, Defendant's Demurrer to Complaint, etc.) Plaintiff's Motion for Summary Judgment 2. Identity counsel who will argue case: (a) Kathie Grucz, Pro Se 2605 Market Street Camp Hill, PA 1701 I 3. I will notity all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: DA TE: 2.- z.: S. WEISBERG, ESQUIRE Y for Plaintiff ~--:, '3 ::::t 1<5 ~ '"""' ~ ~ .;p --<:> '3 ~ <.J\ r- .-. McCABE, WEISBERG & CONWAY,P.C. BY: MARC S. WEISBERG, ESQUIRE Identification Number 17616 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Centex Home Equity Company, LLC 350 Highland Drive Lewisville, TX 75067 COURT OF COMMON PLEAS CUMBERLAND COUNTY v. Kathie Grucz 2605 Market Street Camp Hill, PA 1701 I NO. 04-5746 PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Plaintiff, Centex Home Equity Company, LLC, by and through its attorney, Marc S. Weisberg, Esquire, now moves this Honorable Court for summary judgment against defendant and alleges as follows: 1. Plaintiff, Centex Home Equity Company, LLC, is a corporation duly organized under the laws of the United States of America with offices at 350 Highland Drive, Lewisville, TX 75067. 2. Defendant is the owner and resident of the mortgaged property at 2605 Market Street, Camp Hill, P A 17011. 3. On or about March 18, 2002, defendant made, executed, and delivered a mortgage to plaintiff upon the above premises, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1753 Page 2968. A copy of said mortgage is attached hereto, made a part hereof and marked as Exhibit "A". 4. The premises encumbered by the subject mortgage is all that certain real property and improvements in the County of Cumberland and Commonwealth of Pennsylvania, being more tully ~. ,...... described in the mortgage attached hereto as Exhibit "A". 5. On or about November 16, 2004, plaintiff filed a mortgage foreclosure action against defendant. A copy of the Complaint is attached hereto, made a part hereof and marked as Exhibit "B". 6. Thereafter, defendant answered Plaintiffs Complaint. (See Exhibit "C") 7. Additionally, plaintiff filed a Request for Admissions (See Exhibit '"0") on or aboutJanuary 11,2005, which defendant admits by her failure to answer, the defaulted loan, and admits to having been sent legal Act 6 and 91 letters and, in fact, admits all pertinent allegations of Plaintiffs Complaint with regard to default arrearage and notice. (See Exhibit "0") 8. Defendant's Answer to Plaintiffs Complaint and Request for Admissions admit that she is the record owner of the property in question, that plaintiff has a mortgage on it. that it is in default. and that an Act 6 Notice oflntent to Foreclose was sent as was an Act 91 Notice. (See Exhibits "C&D") 9. Accordingly, it is admitted that there is a balance due on the mortgage in the amount of $121,040.55, that the interest per diem is $45.60, that on or about September 22, 2004, plaintiff sent Act 6 and 91 letters to the defendant, and that those letters, in fact, complied with all statutory requirements. (See Exhibits "C, 0 & E"). 1 O. The Complaint, and Affidavit of Samantha Robertson, plaintiffs foreclosure specialist attached hereto and incorporated into this Motion, as Exhibit "F", sets forth the exact amount that defendant owes plaintiff, and defendant has not come forth with any supportable information to rebut this allegation. 1 OA. The payment history and note evidencing the interest charged to the defendant are part of Exhibit "F" and are likewise unrebutted with any supportable information. (See Exhibit '"F") 11. The attorney's fees and costs, as requested by plaintiff in the Complaint, are ... 'r' ',' ,. reasonable, and are in conformity with Pennsylvania Law and will be collected in the event that sufficient funds are available from a third party purchase at Sheriffs Sale. 12. All procedural local, state, and federal rules, regulations, and laws with respect to mortgage foreclosure have been complied with by plaintiff. 13. There are no issues of material fact remaining, and plaintiff is entitled to summary judgment on its mortgage foreclosure action against defendant as a matter oflaw. WHEREFORE, plaintiff requests this Honorable Court grant summary judgment in Mortgage Foreclosure in favor of plaintiff and against defendant and enter judgment against defendant in the amount of$147,307.00, together with interest at a rate of$45.60 per diem from October 29, 2004, plus costs. Respectfully submitted, McCABE, WEISBERG & CONWAY, P.c. BY: J McCABE, WEISBERG & CONWAY, P.c. BY: MARC S. WEISBERG, ESQUIRE Identification Number 17616 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Centex Home Equity Company, LLC 350 Highland Drive Lewisville, TX 75067 COURT OF COMMON PLEAS CUMBERLAND COUNTY v. Kathie Grucz 2605 Market Street Camp Hill, PA 17011 NO. 04-5746 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT The purpose of the summary judgment procedure is to prevent vexation and delay, improve the machinery of justice, promote the expeditious disposition of cases and avoid unnecessary trials when there does not exist a genuine issue of material fact. Specifically. Rule 1035.2(1) of the Pennsylvania Rules of Civil Procedure provides, in pertinent part, that: After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment in whole or in part as a matter of law (I) whenever there is no issue of any material facts to a necessary element of the cause of action or defense which could be established by additional discovery or expert, or (2) if, after the completion of discovery relevant to the motion, including the production of expert reports, an adverse party who will bear the burden of proof at trial has failed to produce evidence of facts essential to the cause of action or defense which in a jury trial would require the issues to be submitted to the jury. ----t \' ." Pa.R.C.P. 1035.2(1). See also Williams v. Pilgrim Life Insurance Co., 306 Pa. Super. 170.452 A.2d 269 (1983 ). The burden of demonstrating that there is no genuine issue of material fact rests on the moving party. Hower v. Whitmak Assoc., 371 Pa. Super. 443, 538 A.2d 524 (1988); Carollo v. 48 Insulation. Inc., 252 Pa. Super 422, 381 A.2d 990 (1977). Once such a showing is made, summary judgment is appropriate where the adverse party is unable to produce probative evidence to the contrary. To this end, the adverse party may not claim that the averments of her pleadings, alone, are sufficient to raise a genuine issue offact so as to defeat the motion. The adverse party must set forth specific facts showing there is a genuine issue offact fortria!. See Phaffv. Gerner, 54 I Pa. 146,303 A.2d 826 (I 973); Pape v. Smith, 277 Pa. 80, 323 A.2d 856 (1974); Amabile v. Auto Kleen Car Wash, 249 Pa. 240, 376 A.2d 247 (1977). Rule 1035.3 specifically provides, in pertinent part: (a) the adverse party may not rest upon the mere allegations or denials of the pleadings but must file a response within thirty days after service of the motion identitying (I) one or more issues of fact arising from evidence in the record controverting the evidence cited in support of the motion.... Pa.R.C.P.I035.3 In the case at bar, the pleadings, exhibits, and Affidavit of plaintiff's foreclosure specialist and Request for Admissions establish conclusively that there are no genuine issues of material fact, and, thus, this case is ripe for summary judgment. Further, defendant's pleadings indicate that plaintiff is entitled to judgment as a matter of law. Firstly, in her answer and in Request for Admissions, defendant admits directly or by indefinite denial: (I) that she is the owner of the property located at 2605 Market Street, Camp Hill, PA 170 II; (2) there is a mortgage on it; (3) the mortgage is in default and; (4) Act 6 & 91 Notices were sent as legally required to defendant. Defendant's Answer to Plaintiff's Complaint in Mortgage Foreclosure consists of admissions as well as indefinite denials or evasions which are not substantiated with corroborating evidence. Pennsylvania Rules of Civil Procedure, Rule 1029(b) states that, "[a]verments in a pleading to which a responsive pleading is required are admitted when not specifically denied or by necessary implications", Pa.R.C.P. I 029(b). Thus, unless the defendant wishes an allegation to be regarded as admitted, the defendant must specifically deny each allegation offact contained in a Complaint to which a responsive pleading is required. GENERAL DENIALS OR DEMANDS FOR PROOF HAVE THE EFFECT OF ADMISSIONS. Any form of general denial or general demand for proof is an admission. See First Wisconsin Trust Co. v. Strausser. et. aI., 653 A.2d 688 (Pa. Super. 1995) ("[T]his Court has held, hO\^iever, that in mortgage foreclosure actions, general denials by mortgagors that they are without sufficient information to form a belief as to the truth of the averments as to the principal and interest owning must be considered an admission offact")( citing New York Guardian Mortgage Corp. v. Dietzel, 362 Pa. Super. 426, 429, 524 A.2d 951, 952 (1987)). See also 5 Standard Pennsvlvania Practice 2d 926:41. It would appear then that "bare allegations oflack of knowledge" are also admissions. See Id. at 926:41. The Complaint, Answer, Affidavit of plaintiff's foreclosure specialist with attached payment history and Note evidencing the interest charged, and Request for Admissions clearly set forth the amount due and owing on the mortgage. The pleadings and relevant material are absent of any supported, documented dispute as to this figure. Additionally, the request for attorney's fees is reasonable under the circumstances and permitted by law as provided in the mortgage. See Fedland Bank of Baltimore v. Philip J. Fetner. 410 A.2d 344 Pa. Super (1979). This disposes of any legal issue raised by defendant. Further, the Complaint, Request for Admissions and Affidavit of plaintiffs foreclosure specialist clearly set forth that proper notices required by Act 6 of 1974 (41 P.S. ~403) and the Emergency Mortgage Assistance Act of 1983 were forwarded to defendant. (See Exhibit "E") Indeed, defendant could not refute with any supportive documentation any of plaintiff's allegations and admits in the various pleadings that she: (l) owns the house; (2) there is a mortgage on it; (3) the mortgage is in default; (4) she has not paid the mortgage; and (5) she was sent all statutorily required notices. Summary judgment based upon contractual liability is appropriate when the documents are undisputed and there is no question as to the contracting parties' intent. See,~, Paul Revere Protective Life Ins. Co. v. Weis, 535 F .Supp. 379 (E.D. Pa. 1981); Kane Gas Light & Heating Co. v. Pennzoil Co., 587 F.Supp. 910 (W.D. Pa. ]984). Here, plaintiff initiated this action in mortgage foreclosure against defendant based upon defendant's mortgage obligation. As set forth herein, defendant does not dispute the existence of the mortgage documents and that she is a party to the mortgage. Furthermore, the pleadings, exhibits, and supporting Affidavit of plaintiffs foreclosure specialist clearly indicate that payments have not been made since June], 2004. Plaintiff's attached Exhibits and Affidavit in support of this motion, establish conclusively that defendant executed a mortgage and note to which plaintiffis the successor in interest; defendant defaulted on payments in the amount of indebtedness, and there are no genuine issues of material fact. Moreover, defendant has presented no evidence through affidavits or substantiating documentation to the contrary. As stated above, defendant may not rest her argument on the pleadings. Therefore, plaintiff is entitled to summary judgment as a matter of law. Defendant, likewise, may not merely deny the amount owed or state that defendant are without information sufficient to form a belief as to the truth of plaintiffs averment as to principal and interest due. Such a general denial is to be considered an admission of those facts. New York Guardian Mortllage COIJl. v. Dietzel, 524 A.2d 951,362 Pa.Super. 426, 429 (1987); See also PA.R.C.P. '. \. Rule 1029(b,c) and First Wisconsin Trust Company v. Strausser, 653 A.2d 688, 439 Pa.Super. 192 (1995). Lack of admission as to amount of indebtedness in the pleadings of a defendant will not prevent the entry of summary judgment. Landau v. Western Pennsvvlania National Bank, 282 A.2d 335,445 Pa. 217, 225-6 (1971). Furthermore, defendant raises no genuine issue of material fact when denying amounts owed by defendant to plaintiff. Case law on this issue is exceedingly clear, holding, "[a]n action in mortgage foreclosure is strictly an in rem proceeding, and the purpose of a judgment in mortgage foreclosure is solely to effect ajudicial sale of the mortgaged property." New York Guardian Mortgage Corporation v. Dietzel. 362 Pa.Super. 426, 431,524 A.2d 951,953 (Pa.Super 1986). More importantly, the Court held that "[a] judgment in a mortgage foreclosure action is not a judgment for money damages. . .." Ibid. Consequently, any contentions made by the defendant's regarding the amounts owed by defendant to plaintiff, are not an issue of material fact in this strictly in rem proceeding. WHEREFORE, plaintiff requests this Honorable Court enter summary judgment in its favor and against defendant. Respectfully submitted, McCABE, WEISBERG & CONWA Y, P.c. / BY: . , EXHIBIT A - ) oZ '6 fU C "1 ~.. n .-._-;\ ,~ oJ!" DEEDS : "" ,'. C;'..h:, J COLI ~HY - fA '02 ['JAR 28 APl1112 Prepared By: JOSH VELASQUEZ !fL-V~o Return To: GENERAL AMERICAN CORPORATION POBOX 1117 pmSBURGH PA 15230-1117 MOI/e: !~~- tt/f-f6/7 Parcel Number: 01210271508 249214952 [Space Above This Line For Recording Data] MORTGAGE DEFINlTlONS Words used in multiple sections of this document are dermed below and otber words are dermed in Sections 3, 11, 13, 18.20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated togetber with all Riders to this document. (8) "Borrower" is KATHIE GRUCZ 3/18/2002 Borrower is tbe mortgagor under this Security Instrument. (C) "Lender" is Lender is a CENTEX HOME EQUITY COMPANY, LLC A LIMITED LIABILITY COMPANY PENNSYLVANIA - Single Family - Fannie MaelFreddie Mac UNIFORM INSTRUMENT Form 3039 1/01 G -6(PA) (OOOB) @ Page 1 of 16 IniliaIS:~ 11111111111111111111111111111111111 VMP MORTGAGE FORMS - {800)521.7291 BK I 75 3 FG 2 9 6 8 249214952 organized and existing under the laws of THE STATE OF DELAWARE Lender's address is 2828 NORTH HARWOOD DALLAS, TX 75201-1516 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated The Note states that Borrower owes Lender 3/U/2002 ONE HUNDRED TWENTY ONE THOUSAND EIGHT HUNDRED & 00/100 Dollars (U.S. $ 121,800.00) plus interest. Borrower has promised to pay this debt in regnlar Periodic Payments and to pay the debt in full not later than 4/01/2032 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property. " (F) "Loan" means the debt evidenced by the Note, plus interest. any prepayment charges and late charges due under the Note. and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: I!J Adjustable Rate Rider D Balloon Rider D VA Rider D Condominium Rider D Planned Unit Development Rider D Biweekly Payment Rider D Second Home Rider D 1-4 Family Rider D Other(s) [specify] (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association. homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper inatrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order. instruct, or authorize a fInancial institution to debit or credit an account. Such term includes. but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages. or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of. the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, Of omissions as to, the value and/or condition of the Property. (1\1) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. G-6(PA) (0008) '" Page20116 lnitial$:~ Form 3039 1/01 BK I 7~) 3 PG 2 9 6 9 " 249214952 (0) "RESPA" means the Real Estate Settlement Procedures Act (12 V.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time. or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESP A" 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 loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note andlor this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instnnnent secures to Lender: (i) the repayment of the Loan. and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For tltis purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the COUNTY [Type of Recording Jurisdiction) of CUMBERLAND {Name of Recording Jurisdiction}: All that tract or parcel of land as shown on Schedule I'A" attached hereto which is incorporated herein and made a part hereof. which currently has the address of 2605 MARKET STREET CAMP HILL ("Property Address"): [City) , Pennsylvania 17011 [Street) rZip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property. " G.S(PA) (0008) '" Initials; 4-?,f;- Form 3039 1/01 Page30f 16 BtI I -i c:; r" PG ? Q 7 0 t\ i I v Vj .~ c....) 249214952 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines unifonn covenants for national use and non-unifonn covenants with limited variations by jurisdiction to constitute a unifonn security instrument covering real property . UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following fonns, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality. or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insnfficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time. Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the ontstanding principal balance under the Note inunediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in Initials: t:'- Form 3039 1/01 G-6(PA) (0008) @ Page40116 BK 1753PG2971 249214952 full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date. or change the amount. of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section IO. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items uniess Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver. Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires. shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA. and (b) not to exceed the maximum amount a lender can require under RESP A. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account. or verifying the Escrow Items, uniess Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and l.ender can agree in writing. however, that interest shall be paid on the _-6(PA) (0008) '" Initials: i {;- Form 3039 1/01 Page50f 16 Blf I 7 t:; rj ')r:: ? 9 7 2 i\ v-.if'J<.. . 249214952 Funds. Lender shall give to Borrower, without charge. an arumal accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defmed under RESP A, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defmed under RESPA, Lender shall notuy Borrower as required by RESPA. and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defmed under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fmes, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow !tems, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification andlor reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insuram:e shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay. in connection with this Loan. either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably inight affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. Gi! .6(PA) (0008( '" Page60116 InitialS:~ Form 3039 1/01 BK I 7 5 3 PG 2 9 7 3 249214952 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore. such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property. against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender., for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument. whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property. Lender may fIle, negotiate and senle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property. insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. G-6(PA) (0008) '" Initials: 12G- Page 70f16 Form 3039 1101 BK I 7 5 3 PG 2 9 7 4 ~ 249214952 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7, Preservation, Maintenance and Protection of the Property; Inspections. Borrower sball not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower"s obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate infonnation or statements to Lender (or failed to provide Lender with material infonnation) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (h) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrwnent or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are uot limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrumeut, including its secured positiou in a bankruptcy proceeding. Securing the Property includes, but is uot limited to, entering the Property to make repairs, change locks. replace or board up doors aud windows, drain water from pipes, eliminate building or other code violations or dangerous couditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does uot have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under tilis Section 9. G-6(PA) (oooa) @ IOilil'''~ Page 8 0116 Form 3039 tlOl BI! I -C;";fW?975 . r\ i I...J J ,-cv '- 249214952 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property. the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay tlle premiwns required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained. and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such tenuination or until tenuination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any afftliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing Or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. G! -6(PA) (00081 @ Page 9 01 16 InitiaIS:~ Form 3039 1/01 BK I 75 3 PG 2 976 249214952 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, andlor to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are bereby assigned to and shall be paid to Lender. If the Property is damaged, sucb Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During sucb repair and restoration period, Lender sball have the right to bold sucb Miscellaneous Proceeds until Lender has bad an opportunity to inspect sucb Property to ensure the work bas been completed to Lender's satisfaction, provided that sucb inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened. the Miscellaneous Proceeds shaIl be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction. or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking. destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction. or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking. destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument wbether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to sellle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that OWes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, wbether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and. if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of G-6(PA) (0008) '" Page 10 of 16 IniliaIS:~ Form 3039 1/01 BK I 7 5 3 PG 2 9 7 7 . EXHIBIT C - ~ - -~ ----------~-~-- -------~--- ----- - -- --- --- -- 1 "l..- - ~ C> ~ lJ <-I - -- -- -- - -----------.-.--...-l----.--~.-.-- -----.--~--_.----. .-- ---.-..--------.---....-----.-.---.---.--- -----. --- -----..... ---..- .-.- -- - -- -- - - - -- -- - -- -~ --- -- - - -- - -- --- -- - - -- ---- ----- r _________ n _n _ __j:)~s..,.,_>_...r_t;'n_~ _X ~JoL_tv'_~ 10.-) _ --- ~f{_~~-~~:-12~~t :r'1_~_ ~su-t.-~l-~-- n_~- -- --_~ ~---n=--_==-:-= __f\lo',-QtJ---=-5-':J<d (,.___L"IV'{J --=r=-e. c......... --- _ -- -- -- ------------- , ..I:' r!-(U __ GtV Fee_)- d..-. _ -:::r::: rJ--r:o (.1>..-:rZ"-4n ~k __"jSrI':f. _L r_V",,~.<:1-= _ ___------ ______n___ __ e-{. ....:c--I'/~_ _ Co ('v_.es-f---_ _n 5. _LJ--l_"-~--f~_.0<_.<~f;C1{QrJ ..-f R~7"",-a.fr--,-,f.e _)~t?0,_-A. l. 'C(jJ;._.zHL~~--I>Y,,^(J ",-_,"A:s _ (; 5te) ~-~ GJc-r..J rr-ir- _ CY-LLSS<v\!L AfrC)I~~--f:€-<;-S; __un -- --- L_. ~___L ~_~1 ~ S~;{VO __~:~~(~:~VL[ &fiQLX~--+:;: <------------ --- n~ ______DLQ___rVur_LZ______n -1L f?-:-"'t--- ________f(__________ ___~_e.. .(;,.!e...--_D~_L(f~~ _d-t- >_e" Cv.4___c~"-~C:: c;,-X'-LL~-f"'''t'''--y--S.-- ___ _c.,0_~~) 13_rJQ__-f'..".-..f,e--Mnfl:-}T~-- v1c~<!~ - /-"" 0/~~- ------_._---- ----.- ------.-.-.------------. _._-_.~-_.._._._.- ---- -- ---.--- -----_. --.--- .. --.---.-----.-. . . ., J':"I=;_Lu->YJ;;L _q~b -;.;~~"-1- -- - ---- -- -- -- -- - --- - - -_.----- - .--- ------------------------..---.-- --J:z-J(~{~A _ -nJ{cJl~~G .~.~<=-L &;( .J---, O_~ . u" --------~-----l~ -----25 ______ _ _ _ __ __ __ __ _ _ _ _ _ _ __ _____ __ ,'___ __ r: __ ____ ,----- ---- .-- --- ---0----- _ _;v'LC C#f.~fZ v-J,,'.S ro,~O- E:uCut.L<...J"'1cfCco _n__P _ _ u_ __ _ ~_ -r g:/_~ e. ,J<:2 <<- "CS__/'1 ~ (",r:K- -c-CS7~r./~- --..-- -:c p ~ 1(04'1 ~ - , - _n" ll..-) -5. _ (3I "c.f S{r-<:~ S ,,-,;~d ~0 _un f~-,l f + [ "1 [ 01 ;;:<c s-:) _1 ;(j/(() ell - ~ -- .--' """') - \,,' c:;:;. :'.J ~. C:l -0 - --->.;~----- ..-, :? t:~ f';-lF --- L,,---- ::q2J--- - C.:J ;,--) I, ___:'}S'i ._____ -~ -_~}f~~ ----7.-:----~~~------- _ ~ -..... C..) 'JJ -..... - -< -- --_.--- ----------------- ------..-.-- --- .' EXHIBIT D TO THE HEREIN DEFENDANTS: YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCWSED PLEADING WITHIN THIRTY (30) DAYS OF SERVICE THEREOF OR A DEFAULT JUDGMENT MAY RED G T U McCABE, WEISBERG & CONWAY, P.c. BY: MARC S. WEISBERG, ESQUIRE Identification Number 17616 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Centex Home Equity Company, LLC 350 Highland Drive Lewisville, TX 75067 COURT OF COMMON PLEAS CUMBERLAND COUNTY v. Kathie Grucz 2605 Market Street Camp Hill, PA 17011 NO. 04-5746 REQUEST FOR ADMISSIONS Pursuant to the Pennsylvania Rules of Civil Procedure, Rule 4014, Plaintiff has served upon you a written Request for Admissions for the purpose of the pending action, relating to statements or opinions of fact or the application oflaw to fact, including the genuineness, authenticity, correctness, execution, signing, delivery, mailing or receipt of any document described in the request. Note that each allegation set forth will be admitted unless, within thirty (30) days after service of the request, or within such shorter time or longer time as the Court may allow, the party to whom the request is directed, shall serve upon the party requesting the admission, a verified answer by a party or an objection, signed by the party or his attorney. For the purposes ofthis Request for Admissions, Centex Home Equity Company, LLC, will be hereafter termed "Plaintiff," and Kathie Grucz will be termed "Defendant." I. The mortgage for plaintiff is in default because monthly payments of principal and interest upon said mortgage due 7/1/2004 and each month thereafter are unpaid. lfthe above request for admission is denied, attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. 2. The principal balance due on the mortgage is $121,040.55. Ifthe above request for admission is denied, attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. 3. The interest per diem is $45.60, and the interest due on the note and mortgage from 6/1/2004 through 10/29/2004 is $6,531.22. If the above request for admission is denied, attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. 4. Plaintiff sent Act 6 and Act 91 letters which were received by defendant. If the above request for admission is denied, attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. 5. The Act 6 and Act 91 letters sent to defendant complied with all statutory requirements. If the above request for admission is denied, attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. 6. Attorney's fees are in conformity with the mortgage loan documents and , Pennsylvania Law. lfthe above request for admission is denied, attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. Respectfully submitted, McCABE, WEISBERG & CONWAY, P.c. BY: ,,', 249214952 Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impainnent of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modifY amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation. Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default. for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits. then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment cbarge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. Initials: -II&- Form 3039 1101 0-6(PA) (0008) .. f'agel1 of 16 BK , 7 5 3 PG 2 9 7 8 ^ 249214952 IS. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by fIrst class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to anyone Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifIes a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specifIed procedure. There may be only one designated notice address under this Security Instrument at anyone time. Any notice to Lender shall be given by delivering it or by mailing it by fIrst class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severahility; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18, Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or benefIcial interest in the Property, including, but not limited to, those benefIcial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a benefIcial interest in Borrower is sold or transferred) without Lender's prior written consent. Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower, 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) fIve days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate: or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all G -6(PA) (0008) '" Page 12 of 16 InitiaIS:~ Form 3039 1/01 BK I 7 5 3 PG 2 9 7 9 249214952 expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale "f N"te; Change "f Loan Servicer; N"tice "f Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESP A requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, Or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the reqnirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defmed as toxic or hazardous substaoces, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radi"active materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. G-6(PA) (0008) '" Page 13 of 16 IniliaIS:-U- Form 3039 t101 BK ! 7 5 3 PG 2 9 8 0 . 249214952 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value "f the Property. The preceding two sentences shall not apply to the presence, use, or storage "n the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Envirorllnental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borr"wer and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to B"rrower pri"r t" acceleration f"ll"wing B"rmwer's breach "f any c"venant "r agreement in this Security Instrument (but not prior to accelerati"n under Secti"n 18 unless Applicable Law pmvides "therwise). Lender shall n"tify Borr"wer of, among "ther things: (a) the default; (b) the acti"n required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in accelerati"n "f the sums secured by this Security Instrument, foreclooure by jndicial proceeding and sale "f tbe Pr"perty. Lender sbaIl further inf"rm Borr"wer "f the right to reinstate after accelerati"n and the right t" assert in tbe f"recloonre proceeding the n"n-existence of a default "r any other defense "f Bormwer t" accelerati@ and f"reclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full "f all sums secured by this Security Instrument with"nt further demand and may r"reclooe this Security Instrument by jndiciaI proceeding. Lender shall be entitled t" mllect all expenses incurred in pursuing the remedies pr"vided in this Secti"n 22, including, bnt not limited to, att"rneys' fees and coots of title evidence t" the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Bormwer, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money M"rtgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Pr"perty, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. Initials: tlG- .-6(PA) (0008) '" Paga 1401 16 Form 3039 1/01 BK , 7 5 3 PG 2 9 8 I - 249214952 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. .~ X:J-~(Seal) f~ T E GRUCZ . -Borrower (Seal) -Borrower _ (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) (Seal) -Borrower -Borrower .-6lPA) (0008) '" Page 1501 16 Form 3039 1/01 BK I 7 5 3 PG 2 9 8 2 249214952 Certificate of Residence I JOSH VELASQUEZ the correct address "f the within-named Mortgagee is 2828 NORTH HARWOOD, ~tLLAS, TX_l Witness my hand this , 1J.fil:: day or . do hereby certify that J-CJ'J- JOSH Agent of Mortgagee COMMONWEALTH OF PErSYL VANIA, On this, the ; S [f day of undersigned officer, personally appeared \) CAu.-.~~ C"unty ss: 'll1 A~C L( ,d(6) ,before me, the KATHIE GRUCZ known to me (or satisfactmily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and Offi?:Cial al. My Commissi"n Expires: NOTARIAL SEAL .)' ROBERT G. RADEBACH. Notary Public City af Harri~burg, ~auphln> County / M Commission EXRlres A r11 8, 2002 / .~ -'~ ~ Title of Officer InlUoJ" =t< G, Form 3039 1101 .-6(PA) (0008) '" Page 1601 16 BK ! 7 5 3 PG 2 9 8 3 Deed #1 Notes For: 20-01355720 ~ ALL THAT CERTAIN LOT OR PIECE OF GROUND SITUATED IN THE BOROUGH OF CAMP HILL, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, BEGINNING AT A POINT ON THE SOUTH SIDE OF MARKET STREET, EIGHTY-THREE AND FIVE-TENTHS (83.5) FEET WEST OF THE SOUTHWEST CORNER OF MARKET STREET AND BOWMAN AVENUE; THENCE AT RIGHT ANGLES IN A SOUTH-ONLY DIRECTION ALONG LANDS NOW OR FORMERLY OF ANNA I WOLF TWO HUNDRED (200) FEET TO A IS-FOOT PUBLIC ALLEY; THENCE AT THE RIGHT ANGLES IN A WESTERLY DIRECTION ALONG THE NORTH SIDE OF SAID IS-FOOT ALLEY FORTY-ONE (41) FEET TO A POINT; THENCE AT RIGHT ANGLES IN A NORTHERLY DIRECTION TWO HUNDRED (200) FEET TO MARKET STREET; THENCE AT RIGHT ANGLES IN AN EASTERLY DIRECTION ALONG THE SOUTH SIDE OF MARKET STREET FORTY-ONE (41) FEET TO THE PLACE OF BEGINNING; CONTAINING FORTY-ONE (41) FEET IN FRONT ON MARKET STREET AND EXTENDING BACK AN EVEN WIDTH TWO HUNDRED (200) FEET TO THE AFORESAID is-FOOT PUBLIC ALLEY, AND HAVING THEREON ERECTED A TWO AND ONE-HALF STORY BRICK DWELLING HOUSE NO. 2605 MARKET STREET. BK I 7 5 3 PG 2 9~1/ of 1 249214952 (LffiOR 6 M"uth Index (As Published In The Wall Street Journal) - Rate Caps) ADJUSTABLE RATE RIDER THIS ADJUSTABLE RATE RIDER is made this 18th day of MARCH 2002 ,and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Adjustable Rate Note (the "Note") to CENTEX HOME EQUITY COMPANY, LLC (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 2605 MARKET STREET CAMP HILL, PA 17011 [Property Address] THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDmONAL COVENANTS. In addition to the convenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 11.750 %. The Note provides for changes in the interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the 1st day of OCTOBER , 2002 and on that day every 6TH month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for 6 month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the first Multistate Adjustable Rate Rider. LmOR 6 Month Index Modified 83SU (9705) / FNMA 3138 (6/94) CE838Ul (031098) Page 1 of 3 // =Kts- BK \ 7 5 3 PG 2 9 8 5 " 249214952 business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index." If the Index is no longer available, the Note Holder will chMse a new Index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calcnlati"n "f Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding ELEVEN AND 750/1000 percentage point(s) ( 11. 750 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected W owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 12 .750 % "r less than 11. 7 5 0 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than ONE AND 000/1000 percentage point(s) ( 1. 000 %) from the rate of interest I have been paying for the preceding 6 months. My interest rate will never be greater than 18.750 %. . (E) Effective Date "f Changes . or lower than 11. 750 %. My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) N"tice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 17 of the Security Instrument is amended to read as follows: Transfer of tbe Property or a Beneficial Interest in B"rrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender infOflll"\i~ required by Initials: ~, .-838U (9705) Page 2 of 3 orm 3138 6194 '" \3R \ 7 5 '3 PG 2 <3 8 6 '. , . 249214952 Lender to evaluate the intended transferee as if a new loan were being ntade to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant "r agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a wndition to Lender's consent to the l"an assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the prontises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may jnvoke any remedies permitted by this Secnrity Instrument without further notice or demand on Borrower. BY SIGNING BELOW, Bmrower accepts and agrees to the terms and wvenants contained in this Adjustable Rate Rider. ~'z~ (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower Page 3 of 3 Form 3138 6/94 G838U (9705) <!> I Celiify this to be recorded In Cumberland County P A ~~ :;;.~'~ Recorder of Deeds BK I 7 5 3 PG 2 9 8 7 E)(lllBl1' B , McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J.McCABE, ESQUIRE Identification Nnmber 16496 123 South Broad Street, Suite 2080 Philadelphia,l'enusylvania 19109 215) 790-]010 Centex Home Equity Company, LLC 350 Hrghland Drive Lewlsville. TX 75067 v Kathle Gnlc/ 26US Market Street Camp Ildl, PA ]70] I Attorney for Plaintiff h,) (:~~ ,0,::;) C) T! : :~~j Cumberland County Court of Common Pleas 0., J f'-.) ~~ (:::"') +: Number 04 - S'74 y:, C?'Ul~~ CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE '{Oll h,l\'l' been sued in court. lryou wish to defend against the l'1~lI11lS sel I'unl\ ill the rollovvlng pages, you must take actioll wjthin IwelllY (2()) days ancl- tiltS complaint and notIce are scrlcd, by cn,l\';rlllg a \.vnl1en appearance personally or by allorncy and filing in wnting With the court your defenses or obJectiol1s 10 the clallBs set forth against you. You are warned thaI ifyoLl f,1I1 La do so the case may proceed without you and a judgmellllllay be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money 01" property or other rights important to YOll. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER A r ONCE. IF YOU DO NOT IlA VE A LA WYER. GO TO OR TELEPHONE THE OFFICE SET FORTI [BELOW. TillS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LA WYER. IF YOU CANNOT AFFORD TO HIRE A LA WYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THA TMA Y OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberlalld COLlllly Bar Association 2 Liberty l\vellUe Carlisle, PA. 17013 8UO-t)l)U-l) 1 08 A VISO Le han demandado a usted en la corte_ Si LIsted quieredefenderse de estas demand as eX-pllestas en las paginas siguientes, listed tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notificaclOn. Hace falta asentar una comparellcia escrita 0 en persona 0 con un abogado y entre gar a la corte en forma escrita SllS defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si listed no se defiende, la corte tomara medidas Y pllede continuar la demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cllmpla con todas las provisiones de esta demanda. Usted puede perder dinero 0 SlIS propiedades U otros derechos importantes para listed. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDlATAMENTE. SI USTED NO TlENE A UN ABOGADO, V A A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, EST A OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar AssoclatlOll 2 Liberty A venue Carlisle, PA, 17013 800-990-9108 McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J. McCABE, ESQUIRE Identilication Number 16496 123 Sonth Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Centex I-Iome Eqlnty Company, LLC 350 Highland Drive LevVlSvdk TX 75067 Cumberland County Court of Common Pleas v. Kath)c Grocz 2605 Market Street Camp HilL PA 17011 Number CIVIL ACTION/MORTGAGE FORECLOSURE I. PlamtdT IS Centex Home Equity Company, LLC, a corporation duly organized and doing business at the above captioned address. 2. The Defendant IS Kathie Grucz, who is the mortgagor and real owner of the mortgaged property herenlafter descrrbed, and her last-known address is 2605 Market Street, Camp Hill, I' A 170 II. 3. On 03/18/2002, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1753, Page 2968. 4. The prom)ses subject to sard mortgage is described in the mortgage attached as Exhibit "A" ancl)5 known as 2605 Market Street, Camp Hill, PA 17011. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage clue 07/0 1/2004 ancl each month thereafter are clue ancl unpaid, and by the terms of said mortgage, upon cletault in such payments for a period of one month, the entire principal balance and all interest due thereon are collectIble forthwith. (,. The following amounts are due on the mortgage: Prmclpal Balance Interest 06/01/2004 through 10/29/2004 (Plus $ 45.60 per diem thereafter) Attorney's Fee Late Charges Corporate Advances Cost of SuIt Apprmsal Fee T)tle Search $ 121,04055 $ 6,531.22 $ 6,052.03 $ 1,358.34 $ 11,774.86 $ 225.00 $ 125.00 $ 200.00 GRAND TOTAL $ 147,307.00 7. The attorney's fees set forth above are in conforn1ity with the mortgage documents and Pennsylvama Law and will be collected in the event of a third party purchaser at Sheriffs Sale. If the mortgage is rem stated pnor to the Sale, reasonable attorney's fees will be charged based on work actually pcrforllll'd. 0. NOllee of lntention to Foreclose as reqUIred by Act 6 of 1974 (41 P.S. 9403) and notice reqLmecl by the Emergency Mortgage Assistance Act of 1983 as amended under 12 P A Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail w)th a certlficate of mailmg and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $147,307.00, together with )nteres! at the rate of $45.60 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. k~~~UIRE Attorney for Plaintiff " ' VERIFICATION The undersigllcd, Terrence 1. McCabe, Esquire, hereby certifies that he is the Attorney for the PlaintitT in the within action, and that he is authorized to make lhis verification and that the foregoing facts are true and correct to the best of his knowledge, informalion and belief and further slales thal !'alsc statements herein are made subject to the penalties of 18 P A.C.S. 94904 relating to llnS\\'Orli h!silication 10 authorities. ~$(~p Terrence J. cC e .' ) JJS?C c r,-n .-.'--;\ .. ., DEEDS '.\,; ",e.:,:.:I COIJ ~nY - h\ '02l'1f:R 28 AP11112 Prepared By: JOSH VELASQUEZ ~7I'~O Return To: Parcel Number: 01210271508 GENERAL AMERICAN CORPORA nON POBOX 1117 PITTSBURGH PA 15230-1117 fllot/[ : ! &fJ- tt/f-I?/7 249214952 [Space Above This Line For Recording Data} MORTGAGE DEFINITIONS Words used in multiple sections of this document are defmed below and other words are defmed in Sections 3, 11, 13, 18,20 and 21. Certain rules regarding the usage of words nsed in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated together with all Riders to this document. (B) "Borrower" is KATHIE GRUCZ 3/18/2002 Borrower is the mortgagor under this Security Instrument. (C) "Lender" is Lender is a CENTEX HOME EQUITY COMPANY, LLC A LIMITED LIABILITY COMPANY ~ h1b1t A 1:.,~X , , PENNSYLVANIA - Single Family - Fannie MaelFreddle Mac UNIFORM INSTRUMENT Form 3039 1/01 . -6(PA) (0008) '" Page 1 0116 InitiaIS:~ 11111111111111111 1111111111 11111111 hi ~ O. l\ ~)( \ i,,"', .1,,\ VMP MORTGAGE FOAMS - (800)521-7291 BK I 7 5 :1 PI. ? 0 c () O' 249214952 organized and existing under the laws of THE STATE OF DELAWARE Lender's address is 2828 NORTH HARWOOD DALLAS, TX 75201-1516 Lender is the mortgagee under this Security Instrument. (D) "N"te" means the promissory note signed by Borrower and dated The Note states that Borrower owes Lender 3/18/2002 ONE HUNDRED TWENTY ONE THOUSAND EIGHT HUNDRED & 00/100 Dollars (U.S. $ 121,800.00) plus interest. Borrower has promised to pay this debt in regnlar Periodic Payments and to pay the debt in full not later than 4/01/2032 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property. " (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: [!] Adjustable Rate Rider o Balloon Rider OVA Rider o Condominium Rider o Planned Unit Development Rider o Biweekly Payment Rider o Second Home Rider o 1-4 Family Rider o Other(s) [specify] (II) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable fmal, non-appealable judicial opinions. (I) "C"mmnnity Association Dues, Fees, and Assessments" means all dues, fees, assessments and "ther charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a fmancial institution t" debit or credit an aceount. Such term includes, but is n"t limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escr"w Items" means those items that are described in Section 3. (L) "Miscellan""us Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage W, or destruction of, the Property; (ii) condemnation or other taking of all "r any part of the Property; (iii) conveyance in lieu of condemnation; or (Iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "M"rtgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. .-6lPA) (0008) @ Page 2 Of 16 InilialS:~ Form 3039 1101 nil , ! L I) f1r> t") fl r " '" 249214952 (0) "RESPA" means the Real Estate Settlement Procedures Act (12 V.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R.Part 3500), as they might be amended from time to time, or any additi"nal or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of B"rr"wer" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the N"te and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan. and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the f"llowing described property located in the COUNTY [Type of Recording Jurisdictionl of CUMBERLAND [Name of Recording Jurisdiction]: All that tract or parcel of land as shown on Schedule nAil attached hereto which is incorporated herein and made a part hereof. which currently has the address of 2605 MARKET STREET CAMP HILL ("Property Address"): [City], Pennsylvania 17011 [Street] [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the pwperty. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property. " .-6(PA) (0008) '" Page 3 of 16 Initials; p.{;;- Form 3039 1101 QU I 7 c; '{ Pf' ') Q 7 n '. ' 249214952 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and wnvey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subjectt" any encnmbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variatiom by jurisdiction to constitute a uniform security instrument covering real property . UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: t. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borwwer shall pay when due the principal of, and interest on, the debt evidenced by the N"te and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However. if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any m all subsequent payments due under the Note and this Security Instrument be made in one or m"re of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank cbeck, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in acc"rdance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights t" refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied ftmds, Lender may hold such unapplied ftmds nntil Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such ftmds or return them to Borrower. If not applied earlier, such ftmds will be applied to the outstanding principal balance under the Note inunediateIy prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments dne nnder the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application "f Payments or Proceeds. Except as "therwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining ~unts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than "ne Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in .'6(PA) (0008) '" Initials: t::'- Form 3039 1/01 Page40t 16 RK I 7 5 3 pr, ? g 7 I . ' 249214952 full. To the extent that any excess exists after the payment is applied to the full payment "f one "r more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds t" principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Fnnds r"r Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are dne under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of a~unts due for: (a) taxes and assessments and other items which can attain priority "ver this Secnrity Instrument as a lien or encumbrance on the Property; (h) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender wlder Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds f"r any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such am"unt. Lender may revoke the waiver as to any Or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocati"n, Borrower shall pay to Lender all Funds, and in such am"unts, that are then required under this Section 3. Lender may, at any thne, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the thne specified under RESPA, and (h) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrnmentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid "n the .-6(PAj (0008) '" Page 5 01 16 InjtjalS:~ Form 3039 1101 RIl I 7 t::; 1 PC ? Q 7 ? > . 249214952 Funds. Lender shall give to Borrower, without charge, an arumal accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defmed under RESPA, Lender shall account to Borrower for the excess fimds in accordance with RESPA. If there is a sh"rtage of Funds held in escrow, as defmed under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESP A, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defmed under RESP A, Lender shall notify Borrower as required by RESP A, and &rrower shall pay to Lender the am"unt necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall pmmptly refund to Borr"wer any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositi"ns attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing t" the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is perf"rming such agreement; (b) contests the lien in good faith by, "r defends against enforcement of the lien in. legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Bormwer a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a "ne-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Pmperty Insurance. Borrower shall keep the improvements now existing or hereafter erected "n the Property insured against I"ss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursnant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disappmve Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-thne charge for flood zone determinati"n and certification services and subsequent charges each thne remappings or similar changes occur which reas"nably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone detennination resulting from an objection by Borrower. ..6(PA) (0008) '" Page6ol1S InillaIS:~ Form 3039 1101 Rl! I 7 r:; 1 Di: ? Q 7 ':! , ' 249214952 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the wst of insurance that Borrower could have obtained. Any amounts disbursed by Lender nnder this Section 5 shall become additional debt "f Borrower secured by this Security Instrument. These amounts shall bear interest at the N"te rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender.> for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additionall"ss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair "f the Pr"perty, if the restoration or repair is ewnomically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the wmk has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest t" be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, m 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 restorati@ or repair is not economically feasible or Lender's sl'Curity would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may f1le, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the N"te or this Security Instrument, and (b) any other of Borrower's rights ("ther than the right t" any reftmd of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the wverage of the Property. Lender may use the insurance proceeds either to repair or restme the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. Initials kG Form 3039 1/01 .-6(PA) (0008) ., Page 7 of 16 f:nt ! 7 ~ '< Dr ') n '1 I. ... McCABE, WEISBERG & CONWAY, P.c. BY: MARC S. WEISBERG, ESQUIRE Identification Number 17616 123 South Broad Street, Suite 2080 Philadelphia, Peuusylvania 19109 (215) 790-1010 Attorney for Plaintiff Centex Horne Equity Company. LLC 350 Highland Drive Lewisville, TX 75067 COURT OF COMMON PLEN CUMBERLAND COUNTY v. Kathie Grucz 2605 Market Street Camp Hill, PA 17011 NO. 04-5746 CERTIFICATION OF SERVICE I, MARC S, WEISBERG, ESQUIRE, hereby certify that a true and correct copy of the within Plaintiffs Motion for Summary Judgment and attached documents were served on the 15th day of February, 2005, by first-class mail, postage prepaid, upon the following: Kathie Grucz, Pro Se 2605 Market Street Camp Hill, PA 17011 DATE: 2) IS r 0,') 249214952 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue t" occupy the Property as Borrower's principal residence for at least one year after the date of occupancy. unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservati"n, Maintenance and Protection "f the Pr"perty; Inspecti"ns. Borrower shall not destmy. 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 sball maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant t" Section 5 that repair or restorati"n is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the impmvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifYing such reasonable cause. 8. Borrower's L"an Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or wnsent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in wnnection with the Loan. Material representations include, but are not limited to, representati"ns wncerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Pr"tecti"n of Lender's Interest in the Pmperty and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Prnperty and/or rights nnder this Security Instrument (such as a proceeding in bankruptcy, prnbate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has primity over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code vi"lations or dangernus conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do w. It is agreed that Lender incurs no liability f"r not taking any or all actions authorized under this Section 9. ..6(PA) (0008) '" Inltials:~G- Form 3039 1101 Page80116 HI( 7 c:; 1 P!~ ? Q 7 c:; , 249214952 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Leoder required Mortgage Insurance as a condition "f making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the m"rtgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay tile premiums required t" obtain coverage substantially equivalent to the M"rtgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate m"rtgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again bec"mes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments t"ward the preminms for Mortgage Insurance, Borr"wer shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender pmviding for such terrninati"n or until termination is required by Applicable Law. Nothing in this Section 10 affects Bormwer's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the NNe) for certain losses it may incur if Burrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in f"rce from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source M funds that the mortgage insurer may have available (which may include ftmds obtained from Mortgage Insurance premiums) . As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, "r any affiliate of any of the foreg"ing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Bormwer's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any snch agreements will not affect the amounts that B"rrower has agreed t" pay for M"rtgage Insurance, or any otber terms "f the 1."an. Such agreements will n"t increase the amount Borrower will owe f"r M"rtgage Insurance, and they will not entitle B"rrower to any refund. .-6(PA) (0008) '" Page90f 16 IniliaIS:~ Form 3039 1101 RJ,( I 7 r;; '~ ot ') 0 '7 (" ~ 249214952 (b) Any such agreements will not affect the rights B"rrower has . if any . with respect to the Mortgage Insurance under the Homrowners Pmtecti"n Act "f 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellati"n "f the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance .premiums that were unearned at the time "f such cancellation or terminati"n. 11. Assignment of Miscellanrous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property. if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellane"us Proceeds until Lender has had an "pportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any. paid to Borrower. In the event of a partial taking, destruction, or I"ss in value of the Property in which the fair market value of the Property immediately before the partial taking. destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender "therwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value "f the Property immediately before the partial taking, destruction, or I"ss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or I"ss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either t" restoration or repair of the Property "r to the sums secured by this Security Instrument, whether m not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds . Borrower shall be in default if any action or proceeding, whether civil or criminal. is begnn that. in Lender's judgment, could result in forfeiture "f the Property "r other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impainnent of .-S(PA) (0008) '" Page 1001 16 VI" Initials~ ~ Form 3039 1101 RK I 7 S ~J, PI: ? q 7 7 249214952 Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the inlpairment of Lender's interest in the Properry are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order pmvided for in Section 2. 12. B"rr"wer Not Released; F"rbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall Mt operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse w extend time for payment or otherwise modify am"rtization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Success"rs in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, with"ut limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Pr"perty under the terms of this Security Instrument; (b) is not personally obligated to pay the snms secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, mo<!ify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the success"rs and assigns of Lender. 14. L"an Cbarges. Lender may charge Borrower fees for services perf"rmed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspectj"n and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be wnstrued as a prohibition on the charging "f such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted s" that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be reftmded t" 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 reftmd reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such reftmd made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. .-6(PA) (0008) '" Initials: -kG- Form 3039 1101 Page 11 af 16 OV I 71:: '1 Of' ') II "'1 0 249214952 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Asty notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by fIrst class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to anyone Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender M Borrower's change of address. If Lender specifIes a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specifIed procedure. There may be only one designated notice address under this Security Instrument at anyone time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. G"verning Law; Severability; Rules or CmlStrnction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Pr"perty is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any actioD. 17. Borrower's Copy. Borrower shall be given one copy "f the Note and of this Security Instrument. 18. Transfer of the Property "r a Beneficial Interest in Borr"wer. As used in this Section 18, "Interest in the Pwperty" means any legal "r beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed. installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a benefIcial interest in Borrower is sold or transferred) with"ut Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall nnt be exercised by Lender if such exercise is pwhibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these snms prim to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice ordemand on Borrower. 19. B"rrower's Right to Reinstate After Accelerati"n. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale "f the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the tennination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all ..6(PA) t0008) '" InitiaI5:~ Form 3039 1101 Page 120116 Dlf I 7 C ':1 or ') 0 7 a 249214952 expenses incurred in enforcing this Security Instrument, induding, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and fd) takes such action as Lender may reasonably require w assure that Lender's interest in the Property and ~ights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security lristrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an instiltItion whose deposits are insured by a federal agency, instlUmentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of N"te; Cbange of Loan Servicer; NMice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the N"te and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law pmvides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity t" cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borr"wer pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action pmvisions of this Section 20. 21. Hazardous Substances. As used in this Secti"n 21: (a) "Hazardous Substances" are those substances defmed as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the f"llowing substances: gasoline, kerosene, other flanunable or toxic petroleum products, toxic pesticides and herbicides, volatile s"lvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defmed in Envir"nmental Law; and (d) an "Environmental Condition" means a condition that can cause. contribute to, or otherwise trigger an Environmental Cleanup_ .-6(PA) (0008) '" Page 13 of 16 InitiaIS:-U- F"rm 3039 1/01 Rll t 7r.:;'~pr:?QQn 249214952 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to. any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardons Substance affecting the Property is necessary, Borwwer shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Enviromnental Cleanup. NON.UNIFORM COVENANTS. Borwwer and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following B"rrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides "therwise). Lender shall n"tify Borr"wer of, among other things: (a) the default; (b) tbe acti"n required t" cure the d~fault; (c) when the default must be cured; and (d) that failure to cure tbe default as specified may result in acceleration of the sums secured by this Security Instrument, foreclllSure by jndicial proceeding and sale of the Property. Lender shall further inf"rm Borwwer "f the right to reinstate after acceleration and the right t" assert in the f"reclllSure proceeding the non-existenc~ "f a default "r any other defense "f B"rrower to acceleration and foreclllSure. If the default is n"t cured as specified, Lender at its "ption may r~qnire immediate payment in full "f all sums secured by tbis Security Instrument with"ut furtber demand and may foreclllSe this Security Instrument by judicial proceeding. Lender shall be entitled t" collect all expenses incurred in pursning the remedies pr"vided in this Section 22, including, but not limited t", att"rneys' fees and CllSts "f title evidence t" tbe extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occnrrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borwwer a fee for releasing this Security Instrument, but mlly if the fee is paid to a third party for services rendered and the charging "f the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time t" reinstate provided in Section 19 shall extend to one hour pri"r to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase M"ney Mortgage. If any of the debt secured by this Security Instrument is lent to Bmrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Jndgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action "f mortgage foreclosure shall be the rate payable from time to time under the Note. Initials: -VG- .-6(PA) (0008) '" Page 1401 16 Form 3039 1101 RV I 7 r; ':{ PC ? Q Q I 249214952 BY SIGNING BELOW, Borrower accepts and agrees t" the terms and covenants contained in this Security Instrument and in any Rider executed by Borr"wer and recorded with it. ~> 0~~(Seal) T E GRUCZ ' -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower .-6(PA) (0008) '" Page 15 of 16 Form 3039 1101 nil I '7 L ') nJ' ') n D ') 249214952 Certificate of Residence ~ I JOSH VELASQUEZ C2f 1, do hereby certlfY that the co;"ect address of the within-named Mortgagee is / 2828 NORTH HARWOOD, ~1fLLAS, TX 1 201-]: 1 Witness my hand this \ ~ ~ day or( / :f- D~J- Agent of Mortgagee JOSH COMMONWEALTH OF PE1JNSYLVANIA, On this, the JU.t day of undersigned officer. personally appeared l) ~~'vV.A- County ss: ry~A~C {/ ,daD) ,beforeme,the KATHIE GRUCZ known to me (or satisfactorily proven) to be the person(s) whose narne(s) is/are subscribed to the within instrument and ackmwledged that he/she/they executed the same f"r the purposes herein wmained. IN WITNESS WHEREOF, I hereunto set my hand and "ffi7:Cia1 al~ My Commission Expires: ~ N T AAIAL SEAL . ROBERT G. RADEBACH. Notary Pubhc City 01 Harrisburg. Dalll'hin C"ynty I ".f)',. M Commission Ex ires A nl 8. 2002 ."'0 ,-' -' ,-,,,; :.- -"'." ',f.'-' ',-At- Title of Officer G.;5{PA} (OOOll> Inn)", =t< Go FOrm 3039 1101 Page 160116 . --,.....""'-- ..................? Deed #1 Notes For: 20-01355720 ALL THAT CERTAIN LOT OR PIECE OF GROtmo SITUATED IN THE BOROUGH OF CAMP HILL, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH SIDE OF MARKET STREET, EIGHTY-THREE AND FIVE-TENTHS (83.5) FEET WEST OF THE SOUTHWEST CORNER OF MARKET STREET AND BOWMAN AVENUE; THENCE AT RIGHT ANGLES IN A SOUTH-ONLY DIRECTION ALONG LANDS NOW OR FORMERLY OF ANNA I WOLF TWO HUNDRED (200) FEET TO A lS-FOOT PUBLIC ALLEY; THENCE AT THE RIGHT ANGLES IN A WESTERLY DIRECTION ALONG THE NORTH SIDE OF SAID lS-FOOT ALLEY FORTY-ONE (41) FEET TO A POINT; THENCE AT RIGffr ANGLES IN A NORTHERLY DIRECTION TWO HUNDRED (200) FEET TO MARKET STREET; THENCE AT RIGHT ANGLES IN AN EASTERLY DIRECTION ALONG THE SOUTH SIDE OF MARKET STREET FORTY-ONE (41) FEET TO THE PLACE OF BEGINNING; CONTAINING FORTY-ONE (41) FEET IN FRONT ON MARKET STREET AND EXTENDING BACK AN EVEN WIDTH TWO HUNDRED (200) FEET TO THE AFORESAID 15-FOOT PUBLIC ALLEY, AND HAVING THEREON ERECTED A TWO AND ONE-HALF STORY BRICK DWELLINGHOUSE NO. 2605 MARKET STREET. BK I 7 5 3 PG 2 ~'4 1 of 1 249214952 (LIBOR 6 Month Index (As Published In Tbe Wall Street J"umal) - Rate Caps) ADJUSTABLE RATE RIDER THIS ADJUSTABLE RATE RIDER is made this 18th day of MARCH 2002 ,and is incmporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Adjustable Rate Note (the "Note") to CENTEX HOME EQUITY COMPANY, LLC (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 2605 MARKET STREET CAMP HILL, PA 17011 (property Address J THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDmONAL COVENANTS. III addition to the convenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 11.750 %. The Note provides for changes in the interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dales The interest rate I will pay may change on the 1st day of OCTOBER , 2002 and on that day every 6TH month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for 6 month U.S. dollar-denominated deposits in the London market ("L1BOR"), as published in The Wall Street Journal. The most recent Index figure available as of the first Multistate Adjustable Rate Rider - LIDOR 6 Month Index Modified 838U (9705) I FNMA 3138 (6/94) CE838Ul (031098) Page 1 of3 // =Kt- -.., ...,,....-,nr00Qt:; - 249214952 business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index. " If the Index is no longer available, the Note Holder will choose a new Index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation "C Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding ELEVEN AND 750/1000 percentage point(s) ( 11. 750 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note H"Ider will then determine the amonnt of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount "f my monthly payment. (D) Limits "n Interest Rate Changes The interest rate I am required to pay at the fIrst Change Date will not be greater than 12.750 % or less than 11. 750 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than ONE AND 000/1000 percentage point(s) ( 1. 000 %) from the rate of interest I have been paying for the preceding 6 months. My interest rate will never be greater than 18.750 %. * tE) Effective Date "C Changes * or lower than 11. 750 %. My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note H"lder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 17 of the Security Instrument is amended to read as follows: Transfer "f the Pr"perty or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Bormwer is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date "f this Security Instrument. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender infOrt1fl!i~qUired by Initials: --/<....., .-838U (9705) Page 2 of 3 orm 3138 6/94 '" - - ,~ nf' I) Q A h -- 249214952 Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that tlle risk of a breach "f any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require inunediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall pwvide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this perioo, Lender may invoke any remedies permitted by this Security Instrwnent without further notice or demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. ~'z~ (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) ~BoITower -Borrower (Seal) (Seal) -Borrower -Borrower Page 3 of 3 Form 3138 6/94 G;838U (9705) '" Recorder of Deeds ~" I -n:: "".l or. ? q 8 7 , ' McCABE, WEISBERG & CONWAY, p,c. BY: MARC S, WEISBERG, ESQUIRE Identification Number 17616 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Centex Home Equity Company, LLC 350 Highland Drive Lewisville, TX 75067 COURT OF COMMON PLEAS CUMBERLAND COUNTY v. Kathie Grocz 2605 Market Street Camp Hill, PA 17011 NO. 04-5746 CERTIFICATE OF SERVICE I, Marc S. Weisberg, Esquire, attorney for Plaintiff, hereby certify that a true and correct copy of the within Request for Admissions was served on the below party on the II th day of January, 2005, by the United States mail, first class: Kathie Grocz, Pro Se 2605 Market Street Camp Hill, PA 17011 DATE: rlll/05 f f IJ ~1Ul11311' ~ I CENTIX . HOME EQUITY September 22, 2004 '0002750874' Kathie Grucz 2605 Market Street Camp Hill, PA 17011 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice tbat the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. IMPORTANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The Homeowners' Emergency Mortgage Assistance Program (HEMAP) may be able to help to save your home. This notice explains how the program works. To see ifHEMAP can help vall. VOll must MEET WITH A CONSUMER CREDlT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when YOU meet with the counseling agency. The name. address. and ohone number of Consumer Credit Counseling A!!encies servin!! your county are listed at the end of this Notice. If vou have any Questions YOU may call the Pennsylvania Housinl! Finance Agencv toll free at 1-800-342-2397 (persons with imoaired hearimz can call 717-780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. La Notificaion en adjunto es de suma importancia, pues afecta su derecho a continuar vivicndo en su casa. Si no comprende el contenido de esta notificion obtenga una traduccion immediatamente llamando esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes ser elegible para un prestamo por el programa Hamado "Homeowners' Emergency Mortgage Assistance Program" al cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. HOMEOWNER'S PROPERTY Kathie Grucz 2605 Market Street Camp Hill, PA 17011 249214952 Centex Home Equity Company LOAN ACCOUNT CURRENT You maY be elilo'!ible for financial assistance which can save vour home from foreclosure and helD vou make future mortllage pavments if you comply with the provision of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency mortgage assistance: If your defuu/t has been caused by circumstances beyond your control, you have a reasonable prospect of being able to pay your mortgage payments and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency. Page two 249214952 TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer counseling agencies listed at the end of this Notice. This meeting must occur within the next . thirty (30) davs. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRiNG YOUR MORTGAGE UP TO DATE. CONSUMER CRlmlT COUNSELING AGENCiES - If you attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names. addresses and teleohone numbers of desif!nated consumer counseling a2encies for the county in which vour propertY is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediate Iv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific inf"rmation about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for fmancial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed H"meowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applicati"ns fm the program and they will assist you in submitting a completed application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDlA TEL Y AND YOUR APPLlCA TION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing finance Agency has sixty (60) days to make a decision after it receives you application. During that additional time, no fmeclosure proceedings will be pursued against you if you have met the time requirements set forth above. y"u will be notified directly by the Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply f"r Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date): NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at Market Street Camp Hill, PA 17011 IS SERIOUSLY IN DEFAULT because: 2605 YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments from 07/0l!2004: (b) Late chargee s) : (c) Other charge(s): NSF & Advances (d) Less: Credit Balance (e) Total amount required as of 09/21/2004: $4,009.50 $1,230.04 $ J ],789.86 $.00 $17,029.40 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable): HOW TO CURE THE DEFAULT- You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS $17,029.40, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable to Centex Home Equity Company at 350 HIGHLAND DR., LEWISVILLE, TX 75067. '.' Page three 249214952 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) days of this letter date, the lender . intends to exercise its right to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the chance to pay the mortgage in monthly installments. If full payment of tbe amount of default is not made within THIRTY (30) days of the letter date, Centex Home Equity Company also intends to instruct their attorneys to start a legal action to foreclose upon your mortgaged properlY. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay ofrthe mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before they begin legal proceedings against you, you will have to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees actually incurred even if they are over $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include their reasonable costs. If you cure the default within the THIRTY (30) DAY period. vou will not be required to pay attorneys' fees. OTHER LENDER REMEDIES. The lender may also sue you personally for the unpaid principal balance, and all other sums due under the Mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due plus any late charges, charges then due, reasonable attorneys' fees and costs connected with the forecl"sure sale and any Nher costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such sheriffs sale could be held is would be approximately five (5) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. Name of Lender: Address: Telephone Number: HOW TO CONTACT THE LENDER Centex Home Equity Company 350 Highland Dr., Lewisville. TX 75067 1.888-850-9398 EFFECT OF SHERIFF'S SALE - You should realize that a sheriff's sale would end your ownersbip of the mortgaged property and your right to occupy it. If you continue to live in the property after the sheriffs sale, a lawsuit to remove you and your furniture and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorneys' fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT . To sell the property to obtain money to payoff the mortgage debt, or borrower money from another lending institution to payoff this debt. . To have this default cured by any tbird party acting on your behalf . To have the mortgage restored to the same position as if no default bad occurred. (However, you are not entitled to this right more than three times in a calendar year). . To assert the nonexistence of a default in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents. . To assert any other defense you believe you may have to such action by the lender. . To seek protection under the federal bankruptcy law. '. Page four 249214952 Centex Home Equity Company is attempting to c"lIect a debt, and any information obtained will be used for that purp"se. Federal law gives you thirty days after you receive this letter to dispute the validity of this debt or any part "f it. Unless you dispute the debt within that 30 day peri"d, we will assnme that it is valid. If you n"tify us in writing at the address above within the thirty day peri"d that the debt, "r any portion there"f, is disputed, we will: a) Provide to you verificati"n of tbe debt or a copy of any judgment entered agaiust you. b) Provide to you the name and address of y"ur "riginal credit"r, if the original credit"r is different from the current creditor. Sincerely, Centex Home Equity Company Centex Home Equity Company, LLC 350 Highland Dr., Lewisville, TX 750671-888-850-9398 EXHIBIT F McCABE, WEISBERG & CONWAY, P.C. BY: MARC S. WEISBERG, ESQUIRE Identificati"n Number 17616 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Centex Home Equity Company. LLC 350 Highland Drive Lewisville, TX 75067 COURT OF COMMON PLEAS CUMBERLAND COUNTY v. Kathie Grucz 2605 Market Street Camp Hill, PA 17011 NO. 04-5746 AFFIDAVIT 1. 1, Samantha Robertson. am the foreclosure specialist of Centex Home Equity Company, LLC, and am custodian of the account and records of the defendant, with personal knowledge thereof. I am the keeper of the records and they are business records kept in the ordinary course of business. 2. On March 18,2002, the defendant entered into an agreement with plaintiffwhich gave the defendant a mortgage loan. 3. On March 18,2002, as security forthis mortgage loan, defendant made, executed and delivered a mortgage on the premises described in Plaintiff's Complaint. A copy of said mortgage with legal description of the premises is attached to the summary judgment motion and marked as Exhibit "A". 4. The defendant is in default ofthe mortgage in that payments of principal. interest, attorney fee's and costs upon said mortgage due July 1,2004, and for each and every month thereafter, have not been paid and are due and owing. The payment history is attached hereto as part of this affidavit. The Note evidencing the interest rate charged to defendant is attached hereto as well. The records are accurate and kept in the normal course of business. 5. The mortgage has an acceleration clause which permits plaintiffto foreclose on the mortgage by judicial proceedings and sell the property at Sheriff's Sale. 6. On or about September 22,2004, notices were sent out to defendant as required under Act 6 and Act 91 . 7. Because the defendant is in default, the plaintiff now requests this Honorable Court to grant summary judgment and enter judgment against defendant. The amounts found at paragraph six (6) of the Complaint are correct and are as follows: Principal balance $ 121,040.55 Interest 6/1/2004 through 10/29/2004 $ 6,531.22 (Plus $45.60 per diem thereafter) Attorney's Fees $ 6,052.03 Late Charges $ 1,358.34 Corporate Advances $ 11,774.86 Cost of suit $ 225.00 Appraisal Fee $ 125.00 Title Search $ 200.00 GRAND TOTAL $ 147.307.00 I, Samantha Robertson, being duly sworn according to law, hereby depose and say that I am authorized to take this Affidavit and that the facts set forth herein are true and correct to the best of my knowledge, information and belief. VERIFICA nON The undersigned, Samantha Robertson, hereby certifies that she is the Foreclosure Specialist of the Plaintiff in the within action, and that she is authorized to make this verification and that the forgoing facts are true and correct to the best of her knowledge, information and belief, and further states that false statements herein are made subject to the penalties of 18 P A.C.S.S4904 relating to unsworn falsitication to authorities. ~(LJd)uA'fo~ Samantha Robertson, Foreclosure Specialist 10/18/01 THU 12: 34 [TXlRX NO 81621 2492H"S2 " ADJUST ABLE RATE NOTE (LmOR 6 Month Index (As Puhllshed In The Wall Stn:et Journal) . Rate Caps) TIllS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTIILY PAYMENT. TIllS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. MARCH 18, 2002 (Date) PITTSBURGH (CiryJ PENNSYLVANIA (State] 2605 HARXBT STRlUi:T~ CAKP RI.LL. PBmlSYLVANIA 17011 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received. I promise to pay U.S. $ ~2~, 800 .00 ~principal~), plus interest, to the order of the Lender. The Lender is CBNTBl: .BOMB EQUITY COMPANY, LLC (this amount is called I understand that the Lender may transfer this Note. Tbe Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the ~Note Holder, ~ 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal bas been paid. I will pay interest at a yearly rate of 11.750 %. The interest rate I will pay may change in accordance with Section 4 of mis Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments [ will pay principal and mterest by making payments every month. I will make my monthly paYDleDts on the 1st day of each month beginning on WAY 1 ' 2002 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on APRIL 1, 2032 . I still owe amounts under this Note. I will pay those amounts in full on that date, which is called the ~Maturity Date. ~ 1 will malce my monthly payments at P.O. BOX 199400 DALLAS, TX 75219-9071 or at a different place if required by the Note Holder. (8) Amount of My lnltial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. $ may change. 1,229.47 . This amount (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. INTEREST RATE AND MONTIILY PAYMENT CHANGES tA) Change Dates The interest rate I wi11 pay may change on the 1st day of OCTOBBR ,2002 . and on that day every 6TH month thereafter. Each date on which my interest rate cOuld change is called a "Change Date. ~ MULTlSTATE ADJUSTABLB RATE NOTE-LIBOR 6 MONTIlINDBX Modified-S38 (9406) f FNMA 3S~ (6/94) f CE838-1 (031098).01 Page 1 0 4 1...."'~G 249214952 , (8) The Index Beginning with the first Change Date, my imerest rate will be based on an Index. The "Index" is the average of interbank offered rates for 6 moDlh U.S. doUar-denominated deposits in the London market (~LIBOR"), as published in The Wall Street Journal. The most recen1lnd~ figure available as of the :first business day of the month inunediately preceding the month in which the Change Date occurs is caUed the "Current Index.- If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calcu1(aUoD or Chances Before each Change Date, the Note Holder will calculate my new interest rate by adding ELBVBN AND 750/1000 percentage point(s)( 11.750 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4{D) below, this roundec1 llIOOunt will be my new interest rate until the next Change Date. The Note Holder wiD then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate r am required to pay at the first Change Date will not be greater than 12.750 % or less than 11. 750 %. Thereafter, my intereSt rate will never be increased or decreased on any single Change Date by more than ONE AND 000/1000 percentage points(s) ( 1.000 %) from the rate ()f interest I have been paying for the preceding 6 months. My interest rate wUl never be greater than 18.750 %orlowerthan 11.750 %. (E) Effe<tlve Date of Changes My new interest rate will berome effective on each Change Date. 1 will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the telephone number of a person who will answer any questions I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A prepayment of all of the unpaid principal is known as a -fun prepayment. - A prepayment of only pan of the unpaid principal is known as a "partial prepayment. - Except as provided below, I may make a full or partial prepayment at any time. If I make a partial prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My panial prepayment may reduce the amount of my monthly payments after the first Change Date following my partial prepayment. However, any reduction due to my partial prepayment may be offset by an interest rate increase. I may make a full prepayment at any time. However, if within the first 60 months after the execution of the Mortgage, Deed of Trust or Deed 10 Secure Debt (lbe "Security lostrument'), I make any prepayment(s) within any 12-month period the total amount of which exceeds twenty percent (20%) of the original principal amount of this loan, I will pay a prepayment charge in an amount equal to the payment of six (6) months' advance interest on the amount by which the total of my prepayment(s) within that 12-month period exceeds twenty percent (20%) of the original principal amoWlt of the loan. 6_ LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is fmally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then; (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; am (il) any sums already collected from me wbich exceeded pennitted limits will be refunded to me. The Note Holder ~y choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal. the reduction will be treated as a partial prepayment. MULTISTATE ADJUSTABLE RATE NOTE-LIBOR 6 MONTH INDEX - wlPPP Modif~-B38194D6) I FNMA 3520 (6194) CE838.P (031201) Page 2of4 InItials: ~?- , 240921495.2 ~ 7. BORROWER'S FAILURE TO PAY AS REQUIRED (AI Late Cb8rges lor Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 10 calendar days after the date it is due. I will pay a lale charge to the Note Holder. Tbe amount of the charge wilJ be 5.00 % of my overdue payment of principal and interest, J will pay this late charge promptly but only once on each ),ale payment. (8) Default If I do not pay the full amount of each monthly payment on the date it is due. I will be in default. (C) Notice 01 Default If I am in default. the Note Holder may send me a written notice tellin& me that if I do not pay the overdue amount by a certain date:, the Note Holder may require me to pay immediately the full amount of principal that has not been paid and all the interest that I owe on that amount. That dale must be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver by Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a Later time. (E) Payment 01 Note Holder'. C_ and Ex_ If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attOrneys' fees. 8. GIVING OF NOTICES Unless applicabJe law requires a different method. any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Unless the Note Holder requires a different method. any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise 10 pay !:he full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guaranlor, surety or endorser of this Note. is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against aU of us together. This means that anyone of us may be required to pay all of the ammts owed under thi.l; Note. 10. WAIVERS I and any other person who bas obligations under this Note waive the rights of presentment and notice of dishonor. -}>resentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Hol~ to give notice to other persons that amounts due have not been paid. It. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations: in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses that might result if I do not keep the promises that I make in this Note. That Security Instnuncnt describes bow and under what conditions I may be required to make inunediate payment in fun of all amounts I owe under this Note. Some of those conditions are described as follows: MULTISTATE ADJUSTABLE RATE NOTE-LIBORti MONTH INDEX ~~~1:h8l~) I FNMA 3510 (6'94) Pale l of 4 Initial$: <6-- .' . , " 249214952 Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or tranSferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option. require immediate payment in full of all IUII1S IeCUred by this Security InslJ'U.(Ilell1. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option if: <a) Borrower causes to be liUbmittcd to Lender infonnation required by Lender to evaluate the intended U'811Sferee as if a new loan were being made to the tranSferee; and (b) Lender reasonably determines that Lender's secwit)' will not be impaired by the loan asswnption and that the risk of a breach of any covenant or agreement in this Security tnstrumenl is ac<:eptllble to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent lO the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the tranSferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender eJtercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies pennitted by this Security In.strument without ftuther notice or demand on Borrower. 12. API'L.lCABLE LAW This Note shall be governed by the laws of the State of PBNNSYLVAHI:A If a law, which applies to this loan and sets maximum loan charges is finally interpreted so that the interest and other charges conected or to be collected in connection with this loan exceed the pennitted limits, then: (A) any such interest or other charge shall be reduced by the amount necessary to reduce the interest or other charge to the pennitted limit; and (8) any sums already collected from me which exceed permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principato the reduction will be treated as a partial prepayment. but in no event will a prepayment charge be assessed if the Note Holder chooses to reduce my principal balance by applying such excess amounts. WITNESS TIlE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. ~~ (Seal) 'l'BI.Z GRUCZ -Borrower - - (Seal) -Borrower - - (Seal) .BolTOwer SSN: SSN: (Seal) -Borrower SSN: SSN: (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower [Sign Original Only] MULTJSTATE ADJUSTABLB RATE NOTS.UBORti MONTH INDEX Modified.838 (9406) I FNMA 3520 (6/94} CE8384 (031098) Page 4 of 4 FiJe History " ... Page 1 of3 lID B Current Loan Number (F-J-CONV): 0249214952 jmc (MCCABE) Borrower: GRUCZ, KATHIE 5ervicer: Centex Home Equity (CTX ) Related Referrals: Address: 2605 MARKET STREET Attorney File #: 024921495LLEl CAMP HILL, PA 17011 LenStar #: CTX004404B Investor #: Unknown File Hist"ry Detail... Sent: 1/21/20052:57:22 PM From: Angelina Anderson Read:. Read By: 1m Topic: payment history Message: payment history listed below. Act notices are retrieved from Moss Codilis website POSTED EFFECTVE DESCRIPTION 1/11/05 1/11/05 Late Charges 12/16/04 12/16/04 CORP ADV DrSB 12/13/04 12/13/04 Late Charges 11/11/04 11/11/04 Late Charges 10/11/04 10/11/04 Late Charges 9/13(04 9/13/04 Late Charges 8/31/04 8/31/04 CORP ADVANCE ADJUST 8/31/04 8/31/04 PAYMENT 8/31/04 8/31/04 REV Insufficent 083104 8/31/04 8/31/04 PAYMENT 8/11/04 8/11/04 Late Charges 7/12/04 7/12/04 Late Charges 6/30/04 6/30/04 PAYMENT 6/30/04 6/30/04 CORP ADVANCE ADJUST 6/30/04 6/30/04 PAYMENT 6/11/04 6/11/04 Late Charges 6/01/04 5/31/04 PAYMENT 5/13/04 5/13/04 REV rnsufficent 043004 5/13/04 5/13/04 REV rnsufficent 043004 5/13/04 5/13/04 NSF Check Charges 5/11/04 5/11/04 Late Charges 4/30/04 4/30/04 QuickCHEC Pay Fee 4/30/04 4/30/04 PAYMENT 4/20/04 4/20/04 PAYMENT 4/12/04 4/12/04 Late Charges 4/12/04 4/12/04 REV Insufficent 033104 4/12/04 4/12/04 NSF Check Charges 4/12/04 4/12/04 REV Insufficent 033104 3/31/04 3/31/04 QuickCHEC Pay Fee 3/31/04 3/31/04 QuickCHEC Pay Fee 3)31/04 3/31/04 PAYMENT 3/12/04 3/12/04 PAYMENT 3/11/04 3/11/04 Late Charges 3/11/04 3/11/04 REV Insufficent 022704 3/11/04 3/11/04 NSF Check Charges 3/11/04 3/11/04 REV Insufficent 022704 2/27/04 2/27/04 QuickCHEC Pay Fee 2)27/04 2/27/04 QuickCHEC Pay Fee 2/27/04 2/27/04 PAYMENT 2/27/04 2/27/04 CORP ADV DISB 2/11/04 2/11/04 Late Charges 1/12/04 1/12/04 Late Charges 12/22/03 12/22/03 CORP ADV NOCASH ADJ 12/11/03 12/11/03 Late Charges 12/03/03 11/17/03 PAYMENT 12/03/03 11/17/03 NON CASH FEE ADJ NEXT DUE 7/01/04 7/01/04 7/01/04 7/01/04 7/01/04 7/01/04 7/01/04 7/01/04 6/01/04 7/01/04 6/01/04 6/01/04 6/01/0' S/01/04 S/01/04 4/01/04 4/01/04 3/01/04 4/01/04 4/01/04 4/01/04 4/01/04 4/01/04 3/01/04 2/01/0' 2/01/04 2/01/04 3/01/04 3/01/0' 3/01/04 3/01/04 2/01/04 1/01/04 1/01/04 1/01/04 2/01/04 2/01/04 2/01/04 2/01/04 1/01/04 1/01/04 1/01/04 12/01/03 12/01/03 12/01/03 11/01/03 TOTAL AMT 70.91 200.00- 70.91 70.91 66.83 66.83 13.40- 1,336.50 1,336.50- 1,336.50 66.83 66.83 1,336.50 13 .40- 1,323.10 66.83 1,323.10 1,323.10- 7.50- 20.00 66.83 7.50 1,323.10 1,323.10 66.16 1,323.10- 20.00 15.00- 15.00 5.00 1,323.10 1,323.10 66.16 1,323.10- 20.00 10.00- 10.00 10.00 1,323.10 1,350.50- 66.16 66.16 1,288.35- 66.16 961.95 67.36- https:/ /www2 .lenstarweb.com/1oginJlenstar/FileHist/ShowHistory.asp?Se1ect=CA&Sequen... 1/24/2005 . F~Je History . ,,'.'-. 12/03/03 12/03/03 FORBEARANCE ADJ 11/17/03 11/15(03 PMT-FORBEAR SUSP 11/11/03 11/11(03 Late Charges 10/31/03 10/31/03 QuickCHEC Pay Fee 10(31/03 10/31103 QuickCHEC Pay Fee 10/31/03 10/31/03 PAYMENT 10/13/03 10/13/03 Late Charges 10/01/03 10/01/03 PAYMENT 9/26/03 9/26/03 CORP ADV NOCASH ADJ 9/25/03 9/24/03 PAYMENT 9/25/03 9(24/03 PAYMENT 9/11/03 9/11/03 Late Charges 8/11/03 a/l1/03 Late Charges 7/11/03 7/11/03 Late Charges 6/11/03 6/11/03 Late Charges 5/12/03 S/12/03 Late Charges 4/11/03 4/11/03 Late Charges 3/31/03 3/31/03 PAYMENT 3/12/03 3/10/03 REV Other 3(12/03 3/10/03 REV Other 3(12/03 3/10/03 REV Other 3/11/03 3/11/03 Late Charges 2/28/03 2/28/03 QuickCHEC Pay Fee 2/28/03 2/28/03 PAYMENT 2/28/03 2/28/03 PAYMENT 2/13/03 2(13/03 REV Insufficent 013103 2/13/03 2/13/03 NSF Check Charges 2/13/03 2/13/03 REV Insufficent 013103 2/11/03 2/11/03 Late Charges 1/31/03 1/31/03 QuickCHEC Pay Fee 1/31/03 1/31/03 PAYMENT 1)28/03 1/27/03 PAYMENT 1/13/03 1/13/03 Late Charges 1/13/03 1/09/03 REV tnsufficent 123102 1/13/03 1/13/03 NSF Check Charges 1/13/03 1/09/03 REV Insufficent 123102 12/31/02 12/31/02 QuickCHEC Pay Fee 12/31/02 12/31/02 QuickCHEC Pay Fee 12/31/02 12/31/02 PAYMENT 12/11/02 12/11/02 Late Charges 11/29/02 11/29/02 CORP ADV NOCASH ADJ 11/12/02 11/12/02 PAYMENT 11/12/02 11/12/02 PAYMENT 11/12/02 11/12/02 REV Insufficent 103102 11/12/02 11/12/02 NSF Check Charges 11/12/02 11/12/02 REV Insufficent 103102 11/12/02 11/12/02 REV Other 111202 11)12/02 11/12/02 REV Other 111202 11/12/02 11/12/02 PMT-FORBEAR SUSP 11/12/02 11/12/02 PAYMENT 11/11/02 11/11/02 Late Charges 10/31/02 10/31/02 PAYMENT 10/31/02 10/31/02 PAYMENT 10/11/02 10/11/02 Late Charges 10/02/02 10102/02 REVERSAL (PRIOR DAY) 10/02/02 10/02/02 REVERSAL (PRIOR DAY) 10/02/02 10/02/02 FORBEARANCE ADJ 10/02/02 10/02/02 REVERSAL {PRIOR DAY} 9/23/02 9/23102 PAYMENT 9/23/02 9/23/02 FORBEARANCE ADJ 9/23/02 9/23/02 QuickCHEC Pay Fee 9/23/02 9/23/02 PMT-FORBEAR SUSP 9/10/02 9/10/02 DFRD NSF NOCASH ADJ 9/10/02 9/10/02 DFRD LT CHG NOCASH ADJ 9/10/02 9/10/02 NEW INV 117/0000002 9/10/02 9/10/02 OLD INV 117/0000001 9/10/02 9/10/02 DFRD NSF NOCASH ADJ 9/10/02 9/10/02 DFRD LT CRG NOCASH ADJ 8/30/02 8/30/02 QuickCHEC Pay Fee 8/30/02 8/30/02 PAYMENT 022803 022803 022803 11/01/03 11/01/03 11/01/03 11/01/03 11/01/03 11/01/03 10/01/03 10/01/03 3/01/03 3/01/03 2/01/03 1/01/03 1/01/03 1/01/03 1/01/03 1/01/03 1/01/03 1/01/03 12/01/02 1/01/03 2/01/03 2/01/03 2/01/03 2/01/03 1/01/03 12/01/02 12/01/02 1/01/03 1/01/03 1/01/03 1/01/03 12/01/02 11/01/02 11/01/02 11/01/02 12/01/02 12/01/02 12/01/02 12/01/02 11/01/02 10/01/02 10/01/02 9/01/02 B/Ol/02 B/01/02 9/01/02 10/01/02 11/01/02 11/01/02 11/01/02 10/01/02 10/01/02 9/01/02 B/01/02 B/Ol/02 B/01/02 B/Ol/02 8/01/02 9/01/02 B/01/02 8/01/02 B/01/02 B/01/02 8/01/02 8/01/02 8/01/02 8/01/02 B/01/02 8/01/02 B/Ol/02 Page 2 00 961. 9S- 961.9S 67.36 15.00 7,50 961.95 48.10 961.9S 7,744.74- 1,323.10 1,323.10 67.94 67.94 67.94 67.94 67..94 66.16 1,323.10 1,323.10- 1,323.10- 7.50- 66.16 7.50 1,323.10 1,323.10 1,323.10- 20.00 7.50- 66,16 7.50 1,323.10 1,323.10 66,16 1,323.10~ 20.00 7.50- 7.50 7.50 1,323.10 66.16 1,229.47- 1,229.47 1,229.47 1,229,47- 20,00 1,229.47- 1,290.94- 1,168.00- 1,168.00 1,290.94 66.16 1,229.47 1,229.47 61.47 1,229.40- 7.50- 1,229.40 1,229.40- 1,229.40 1,229.40- 7.50 1,229.40 15.00- 61.47- 121,688.38- 121,688.38 15.00 61.47 15.00 1,229.47 https:/ /www2.lenstarweb.com/loginllenstar/FileHist/ShowHistory.asp?Select=CA&Sequen... 1/24/2005 . F~]e History Page 3 of3 , ",," 8/27/02 8/27/02 REVERSAL (NSF) 7/01/02 1,290.94 8/27/02 8/27/02 REVERSAL (NSF) 8/01/02 15.00 8/15/02 8/15/02 QuickCHEC pay Fee 8/01/02 15.00 8/15/02 8/15/02 PAYMENT 8/01/02 1,290.94 8/14/02 8/14/02 NEW INV 117/0000001 7/01/02 121,725.95 8/14/02 8/14/02 OLD INV 910/0000001 7/01/02 121,725.95 5/31/02 5/31/02 QuickCHEC pay Fee 7/01/02 15.00 5/31/02 5/31/02 PAYMENT 7/01/02 1,229.47 5/03/02 5/03/02 QuickCHEC pay Fee 6/01/02 15.00 5/03/02 5/03/02 PAYMENT 6/01/02 1,229.47 3/28/02 3/28/02 NEW INV 91010000001 5/01/02 121,800.00- 3/28/02 3/28/02 OLD INV 900/0000001 5/01/02 121,800.00 3/22/02 3/22/02 PREPAID INTEREST 5/01/02 392.09 3/22/02 3/22/02 NEW LOAN NOCASH 5/01/02 121,800.00- (0.34375) (0) https://www2.lenstarweb.com/login/lenstar/FileHist/ShowHistory.asp?Select=CA&Sequen... 1/24/2005 McCABE, WEISBERG & CONWAY, P.c. BY: MARC S. WEISBERG, ESQUIRE Identification Number 17616 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney fM Plaintiff Centex Home Equity Company, LLC 350 Highland Drive Lewisvil1e, TX 75067 COURT OF COMMON PLEAS CUMBERLAND COUNTY v. Kathie Grucz 2605 Market Street Camp Hill, PA 17011 NO. 04-5746 CERTIFICATION OF SERVICE I, MARC S. WEISBERG, ESQUIRE, hereby certify that a true and correct copy of the within Plaintiff's Motion for Summary Judgment and attached documents were served on the 25th day of February, 2005, by first-class mail, postage prepaid, upon the following: Kathie Grucz, Pro Se 2605 Market Street Camp Hill, PA 17011 DATE: 2-l.zEJ 0:) I I ~lY M C S. WEISBERG, ESQUIRE Att mey for Plaintiff ~ ~ "'"" g) ~ J'::, (5) "J :t::::. -0 3- tV U' .[: SHERIFF'S RETURN - REGULAR CASE NO: 2004-05746 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENTEX HOME EQUITY COMPANY LLC VS GRUCZ KATHIE KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GRUCZ KATHIE the DEFENDANT , at 1800:00 HOURS, on the 24th day of November, 2004 at 2605 MARKET STREET CAMP HILL, PA 17011 by handing to KATHIE GRUCZ a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 11.10 .00 10.00 .00 39.10 '~~~d~~'p R. Thomas Kline 11/29/2004 MCCABE WEISBERG CONWAY Sworn and Subscribed to before By, r~f( me this t... ~ day of 94..:t""A.I~1 ;2(J-()~ A.D. (~fJ~' ~ ~jJ~-J~ rot onotary . CENTEX HOME EQUITY COMPANY, LLC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V AN A Ys. CIVIL ACTION - LAW NO. 04-5746 CIVIL KATHIE GRUCZ, Defendant IN RE: DEFENDANT'S MOTION FOR CONTINUANCE OF ARGUME T BEFORE HESS AND OLER. J.J. II " ORDER AND NOW, this Z;l'" day of March, 2005, on request of the defendan for a continuance of the argument, said request is GRANTED. The Prothonotary is direct to list this case for the argument court session to be held May 4, 2005. No further defense conti uances will be granted. BY THE COURT, /' ,Marc S. Weisberg, Esquire ~ Matthew Eshelman, Esquire For the Plaintiff ~e Grucz, Pro Se 2605 Market Street CampHill,PA 17011 ./lJ \ t6~~ \ ~'(4'UcL . 1<AJr I~\ r ..J . 03.230.5 / :rlm II I I Ii , Iii CI' r"[}-O ." c<C lr" '-'-I'. I 1._ ,V"'" OF I\-\E PRO,HO'~()T!'PY 1QnS N,\R 23 Fh 3: 38 C,U;.,':: I,__:..}J>J I'V PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Atgument Court. CAPTION OF CASE (entire caption must be stated in full) C-.e.A-Vf. -+lD""e tj",-~ L LC 3 ~ ~;A-ll.."'br~~ v<- / I (Plaintiff) Lrwd "', H..c~ 'Ix. . .., ~-p",., ~+.\..: e. <;"<''''L 1- ~ c.. r> S- lV\'u Il..-L t S r C4""'f-HL HI pit \""10 (\ (Defendant) No_' (jLf-S,..J6, Teml 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): C /.,.t.. I oMjJ 'fl~ ::#-r tVd",^", c.d,'CJu'1 ..f AC.rcr(N<t/-rce i ~ 4. ~ M<_L, M'i ,^"".......r 2. Identify counsel who1will argue cases: (a) for plaintiff: I { t1r14 +r f.s.-l1e.. ""'I,J (Name and Address) d I V 1 M~ Ilh-r ~ <....f'"" I (",,"'" fJ .;-/.. LA I {J /J- 170'/1 (b) for defendant: J ~. r ' /' pe-f.:,..-p'f"'L' ~..f-',.v, t. (;y~'-(L <-- ___ (Name ahd Ad r%,) 2. k> c> lo. ;V\ VIL<<- 5-r, Gf..y? ./-f," II , /1} f7 P I I 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: f/}" t( / lllJ ~~-,.Q ~o 6 '-1-1.,'... GR.l.{(... 1... Pri your name Date f ~/ 0; i)-<. H.-!)'i.~7 Attomey for 0 ....> 0 C~ ~"~~ (,:;;;.l -n "-" :P ::;:1_ -0 ~~.~ ;xl I J.l\.? ro ':~~:3g ~ -._'::::,:L:l :J'; .~-;~jS4 ~-:~ 0 :~; -( c:> '.~ ----- CENTEX HOME EQUITY COMPANY, LLC, Plaintiff Ys. KATHIE GRUCZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5746 CIVIL IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND NOW, this judgment is DENIED. v1:1arc S. Weisberg, Esquire For the Plaintiff v1<athie Grucz, Pro Se 2605 Market Street Camp Hill, PA l70ll :rlm BEFORE HESS AND GUIDO, J.J. ORDER 13' day of May, 2005, the motion of the plaintifffor summary BY THE COURT, ,AJ ~ ~ 05 -I ~-{)S (~. {...',h :f.~ :~A r; I, !~; ~::r7 I ~ (; I ",; ( ..\~ UV :3C! McCABE, WEISBERG & CONWAY, P.C. BY: MARC S. WEISBERG, ESQUIRE Identificati"n Number 17616 123 Sonth Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Centex Home Equity Company, LLC 350 Highland Drive Lewisville, TX 75067 COURT OF COMMON PLEAS CUMBERLAND COUNTY v. Kathie Grucz 2605 Market Street Camp Hill, PA 17011 NO. 04-5746 PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY: Please list the within matter for the next Argument Court. I. State Matter to be argued (i.e., Plaintiffs Motion for New Trial, Defendanl's Demurrer to Complaint. etc.) Plaintiffs Second and Supplemented Motion for Summary Judgment 2. Identify counsel who will argue case: (a) Kathie Grucz, Pro Se 2605 Market Street Camp Hill, PA 17011 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: DATE: "'l1"L+~,";) /i I. " 9, 'L'," \ 'L''--0(''t' ....-"- MAR S. WEISBERG, ESQUIRE v' Attorn y for Plaintiff McCABE, WEISBERG & CONWAY, P.c. BY: MARC S. WEISBERG, ESQUIRE Identification Number 17616 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Centex Home Equity Company, LLC 350 Highland Drive Lewisville, TX 75067 COURT OF COMMON PLEAS CUMBERLAND COUNTY v. Kathie Grucz 2605 Market Street Camp Hill, PA 17011 NO. 04-5746 CERTIFICATION OF SERVICE I, MARC S. WEISBERG, Esquire. hereby certify that a true and correct copy of the within Praecipe for Listing Case for Argument was served on the 24'h day of May, 2005, by first-class mail, postage prepaid, upon the following: Kathie Grucz, Pro Se 2605 Market Street Camp Hill, P A ] 70 II DATE: c, !.c 1.\1\ ,-, .' ~- ~_ .J \ 'Il 'A,L"" MAR S. WEISBERG, ESQUIRE Attorney for Plaintiff ( '.._._J' McCABE, WEISBERG & CONWAY, P.c. BY: MARC S. WEISBERG, ESQUIRE Identificati"n Number 17616 123 Soutb Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Centex Home Equity Company. LLC 350 High]and Drive Lewisville. TX 75067 COURT OF COMMON PLEAS CUMBERLAND COUNTY v. Kathie Grucz 2605 Market Street Camp Hill, PA 1701] NO. 04-5746 PLAINTIFF'S SECOND AND SUPPLEMENTED MOTION FOR SUMMARY JUDGMENT Plaintiff, Centex Home Equity Company, LLC. by and through its attorney. Marc S. Weisberg, Esquire, now moves this Honorable Court for summary judgment against defendant and alleges as follows: ]. Plaintiff, Centex Home Equity Company, LLC, is a corporation duly organized under the laws of the United States of America with offices at 350 High]and Drive, Lewisville, TX 75067. " 2. Defendant is the owner and resident ofthe mortgaged property at 2605 Market Street, Camp Hill. PA ] 70] I. 3. On or about March 18, 2002, defendant made, executed, and delivered a mortgage to plaintiff upon the above premises, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book ] 753 Page 2968. A copy of said mortgage is attached hereto, made a part hereof and marked as Exhibit "A". 4. The premises encumbered by the subject mortgage is all that certain rea] property and improvements in the County of Cumberland and Commonwealth of Pennsylvania, being more fully described in the mortgage attached hereto as Exhibit "A". ~ 5. On or aboul November 16,2004, plaintiff filed a mortgage foreclosure action against defendant. A copy of the Complaint is attached hereto, made a part hereof and marked as Exhibit "B". 6. Thereafter, defendant answered Plaintiffs Complaint. (See Exhibit "C") 7. Additionally, plaintiff filed a Request for Admissions (See Exhibit "D") on or about January 11,2005, which defendant admits by her failure to answer, the defaulted loan. and admits to having been sent legal Act 6 and 91 letters and, in fact. admits all pertinent allegations of Plaintiffs Complaint with regard to default arrearage and notice. (See Exhibit "D") 8. Defendant's Answer to Plaintiffs Complaint and Request for Admissions (See Exhibits "C & D") admit that she is the record owner of the property in question. that plaintiff has a mortgage on it, that it is in default, and that an Act 6 Notice of Intent 10 Foreclose was sent as required by law certified and regular mail (See Exhibit "E") and affirmed to have been sent by plaintiff (See Exhibit "F") on September 22. 2004. 9. Accordingly, it is admitted that there is a balance due on the mortgage in the amount of $121 ,040.55, that the interest per diem is $45.60, that on or about September 22, 2004, plaintiff sent an Act 6/91 letter to the defendant. and that those letters, in fact, complied with all statutory requirements. (See Exhibits "C, D, E & F"). I O. The Complaint, and Affidavit of Angelina Anderson, plaintiffs foreclosure specialist attached hereto and incorporated into this Motion, as Exhibit "F", sets forth the exact amount that defendant owes plaintiff. and defendant has not come forth with any supportable infurmation to rebut this allegation. IDA. The payment history and note evidencing the interest charged to the defendant are part of Exhibit "F" and are likewise unrebutted with any supportable information. (See Exhibit "F") I DB. Notice oflntentto Foreclose was sent on September 22,2004 and was unclaimed by defendant (See Exhibits "E & F") is likewise unrebutted with supportable evidence. ... ... 1 I. The attorney's fees and costs, as requested by plaintiff in the Complaint, are reasonable, and are in conformity with Pennsylvania Law and will be collected in the event that sufficient funds are available from a third party purchase at Sheriffs Sale. 12. All procedural local, state, and federal rules, regulations, and laws with respect to mortgage foreclosure have been complied with by plaintiff. 13. There are no issues of material fact remaining, and plaintiff is entitled to summary judgment on its mortgage foreclosure action against defendant as a matter of law. WHEREFORE, plaintiff requests this Honorable Court grant summary judgment in Mortgage Foreclosure in favor of plaintiff and against defendant and enter judgment against defendant in the amount of$ I 47,307.00, together with interest at a rate of$45.60 per diem from October 29, 2004, plus costs. Respectfully submitted, McCABE, WEISBERG & CONWAY, P.c. (?l.'~ ,\ I \, BY: , , i, I ) /l < .-.)t, ,- MARC S. WEISBERG, ESQUIR Aftorney for Plaintiff I ~ '1 J '-".'1 .... '.J , ~'v , . " , , EXHIBIT A \,0 '. ^ , r: .. ".:..,," 0. ".~, ,.. .~,' ,. R . ,,-, ,. ,,'. '-'-' .,. " ';.'~.' {i'I': DEEDS ',' ;._.j ,_, '-- 0 "''-1,,),,'., ""'l COUNTY 'H ;:,:~ ,litJt.\\t..J.~\t.J ..' -, r'\ , '02 ABR 28 fWl1112 Prepared By: JOSH VELASQUEZ 1L 7/'40 Return To: Parcel Number: 01210271508 GENERAL AMERICAN CORPORATION POBOXII17 PillSBURGHPA 15230-1117 flJIME " !pp- /1f.f?/7 249214952 [Space Above This Line For Recording Data} MORTGAGE DEFINITIONS Words used in multiple sections of this document are defmed below and other words are defIned in Sections 3, 11, 13, 18,20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. <A) "Security Instrument" means this document, which is dsted together with all Riders to this docl!ID.ent. -:(B}--lJUII uwer1, 18 KATHIE GRUCZ 3/18/2002 Borrower is the mortgagor under this Security Instrument. (C) "Lender" is Lender is a CENTEX HOME EQUITY COMPANY, LLC A LIMITED LIABILITY COMPANY PENNSYLVANIA ,Single Family - Fannie Mae/Freddie Mac UNIFORM tNSTRUMENT . -6(PA) (0008) page~of16 InitIals: ~ VMP MOFITGAGE FOAMS. (800)521-7291 Form 3039 11tl1 11I111~~IU 1111l111l1~~1I1111 BK I 75 3 PG 2 9 6 8 . , "..,~. . " . 249214952 organized and existing under the laws of THE STATE OF DELAWARE Lender's address is 2828 NOR.TH HARWOOD DALLAS, TX 75201-1516 Lender is the mortgagee under this Security Instrument. (D) "Note" means the pwmissory note signed by Borwwer and dated The Nnte states that Borrower "wes Lender 3/18/2002 ONE HUNDR.ED TWENTY ONE THOUSAND EIGHT HUNDRED & 00/100 Dollars (U.S. $ 121,800.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than 4/0~/2032 (E) "Pr"perty" means the property that is described below under the heading "Transfer of Rights in the Property. " (F) "L"an" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borr"wer. The foll"wing Riders are to be executed by Borrower [check box as applicable]: ~ Adjustable Rate Rider D Balloon Rider D V A Rider D Condominium Rider D Planned Unit Development Rider D Biweekly Payment Rider D Second Home Rider D 1-4 Family Rider D Other(s) [specify] (II) "Applicable Law" means all controlling applicable federal. state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable fmal, non-appealable jndicial ol'inions. m .... . .. ...... ... .. . u ... ... . ... (1) "t:mnrnwuty Associati"n Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium associati"n, home"wners association or similar organization. (J) "Electr"nic Funds Transfer" means any transfer of ftmds, other than a transacti"n originated by check, draft, "r similar paper instrument, whicb is initiated through an electronic terminal, telephonic instrument, compoter, or magnetic tape so as to order, instruct, or authorize a fmancial institution to debit or credit an account. Such term includes, but is not limited to, point-{)f-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award "f damages, or pmceeds paid by any third party (other than insurance proceeds paid nnder the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (Hi) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Peri"dic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. .-6lPA) (0008) '" Page2of16 lnltiaIS:~ F"'m 3039 1/01 BK I 7 5 3 PC 2 9 6 9 . " 'h. ; , 249214952 (0) "RESPA" means the Real Estate Settlement Procedures Act (12 D.S.C. Section 2601 et seq.) and its implementing regulati"n, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation "r regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest "f Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (iI the repayment of the Loan, and all renewals, exteusions and modifications of the Note; and (ii) the performance "f Borr"wer's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the COUNTY [Type of Recording Jurisdiction] of CUMBERLAND [Name of Recording Jurisdiction): All that tract or parcel of land as shown on Schedule "An attached hereto which is incorporated herein and made a part hereof. which currently has the address of 2605 MARKET STREET CAMP HILL ("Property Address"): [Ci<YI, Pennsylvania 17011 [Street] (Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and ftxtures now or hereafter a part of the property. All replacements and additious shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property. " ~-6(PA) iOOOll) Initials; p,-" Form 3039 1101 Page 3 of 16 BK I 7 5 3 PG 2 9 7 0 . " .' ,.. . , , 249214952 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Pr"perty and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demauds, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-unif"rm covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property . UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charg<s. 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 N"te. Borrower shall also pay ftmds for Escrow Items pursuant to Secti"n 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the N"te or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one "r more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in thefuture.,bllt Lender is Il()toblig~ed to_"JlPly sll~h paYIllCntsat.the liIlle suchpayme-,,", ar"-.accepted. Ifeach Periodic Payment is applied as of its scheduled due date, then Lender need not pay mterest on unapplied ftmds. Lender may hold snch unapplied ftmds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such ftmds will be applied to the ants tanding principal balance under 1he N"te immediately prim to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or perf"rrning the covenants and agreements secured by this Security Instrument. 2. Applicati"n of Payments or Pr"ceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of pri"rity: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in whicIi it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which inclndes a sufficient amount to pay any late charge due, the payment may be applied to tile delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in Initials: t!<;- .-6(PA) (0008) '" Page40f 16 Form 3039 1/01 BK 1753PG2971 ... .' '" 249214952 full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. V"luntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone tbe due date, or change the am"unt, of the Periodic Payments, 3. Fnnds f"r Escmw Items. Borrower shall pay to Lender on tbe day Periodic Payments are due under tbe Note, until the N"te is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance "n the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums fm any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by B"rrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Secti"n 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all n"tices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escmw Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and t" provide receipts shall for all purposes be deemed t" be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9, If Borrower is "bligated to pay Escrow Items directly, pursuant t" a waiver, and Borr"wer fails to pay the amount due f"r an Escrow Item, ~der l11ll~ exercise~ts ri@tsunder_~e<:tion 9_and pay such amount and Borrower shall then be "bligated under Section 9 to repay t" Lender any such amount. Lender may revoke me waiver ~ as 10 any or allllscrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount "f Funds due on the basis of current data and reas"nable estimates of expenditures of future Escrow Items or "tberwise in acc"rdance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Leilder is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA, Lender shall n"t charge Borrower for holding and applying the Funds, annually analyzing the escrow acconnt, or verifying the Escrow Items, unless Lender pays Borrower interest "n the Funds and Applicable Law permits Lender to make snch a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the .-6(PA) (0008) '" Page 50f 16 IniliBls:ib Form 3039 1101 BK 1753PG2972 .~ '... co' , 249214952 Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account t" Borwwer for the excess funds in accordance with RESPA. If there is a shortage of Fnnds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borwwer shall pay to Lender the amount necessary to ntake up the sh"rtage in accordance with RESPA, but in no m"re than 12 monthly payments. If there is a deficiency of Fnnds held in escrow, as defined nnder RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to ntake up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Up"n payment in full M all sums secured by this Security Instrument, Lender shall promptly refund to Borr"wer any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fmes, and impositi"ns attributable to the Pr"perty which can attain primity over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is perforrniug such agreement; (b) contests the lien in good faith by, or defends against enf"rcement of the lien in, legal proceedings which in Lender's opini"n operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; "r (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender deterrniues that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days "f the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. -.... .....--- 'Lend't:iiiiay requlIe tlOrrower to pay a one-tune charge for a real estate tax verificatiro and/or reporting service used by Lender in connection with this Loan. 5. Pmperty Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any "ther hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreas"nably. Lender may require Borr"wer to pay, in connection with this Loan, either: (a) a one-time charge f"r flood wne determination, certification and tracking services; "r (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination m certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. .-6lPA) (0008) '" Page 6 0116 InlllaIS:~ Form 3039 1/01 BK I 7 5 3 PG 2 9 7 3 ,. .' " , 249214952 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under n" obligation to purchase any particular type or am"unt of wverage. Therefore, such coverage shall rover Lender, but might or might not pmtect Borrower, Borr"wer's equity in the Pr"perty, or the wntenls of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previ"usly in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower wuld have obtained, Any am=ts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate fmm the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borr"wer requesting payment. All insurance p"licies required by Lender and renewals of such policies shall be subject to Lender's right to disappmve such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and!"r as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borr~er shall pmmptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance c"verage, not otherwise required by Lender., for damage to, or destruction of, the Pr"perty, such p"licy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additi"nalloss payee. In the event of loss, Borr"wer shall give prompt notice to the insurance carrier and Lender. Lender may make proof of I"ss if not made promptly by Borrower. Uuless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restorati"n or repair "f the Property, if the restoration "r repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right t" b"ld such insurance proceeds until Lender has had an opportunity to inspect snch Property to ensure the work has been completed to Lender's satisfaction, pmvided that such inspection shall be undertaken promptly. Lender may disburseproc..,c:ls for. the.!epairsJl!1J1 restQ!l!!ion i:t1a.singleJ!aymeuLor in a.series "f pro~ess payments as the work is c"mpleted. Unless an agreement is made in writing or Applicahle Law requires interest to be paid on snch insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings "n such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligati"n of Borrower. If the restoration or repair is not CCllnomically feasible "r Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notke from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Pr"perty under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amonnt not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other "f Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all in,urance policies wvering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. Initials; KG Form 3039 1/01 .-6lPA) (0008) '" Page 7 0116 BK , 7 5 3 PG 2 9 7 4 ~ . ~, ... . c 249214952 6. Occupancy. Borrower shall occupy, establish, and use the Property as B"rrower's principal residence within 60 days after the execntion of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least "De year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, m unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservati"n, Maintenance and Protection "f the Property; Inspecti"ns. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether "r not Borr"wer is residing in the Property, Borrower shall maintain the Property in mder to prevetlt the Property from deteriorating or decreasing in valne due to its conditi"n. Unless it is determined pursuant to Section 5 that repair or restorati"n is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be resp"nsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for !be repairs and restmation in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficietlt to repair "r restore the Property, Borrower is not relieved "f Borr"wer's obligation for the completi"n "f such repair or restoration. Lender or its agent may make reas"nable entries npon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to snch an interim inspection specifying such reasonable cause. 8. Borrower's Loan Application. B"rrower shall be in default if, during the Loan applicati"n process, Borrower or any pers= m entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information m statements to Lender (or failed to pwvide Lender with material information) in connecti"n with the Loan. Material representations include. but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. ... ____n_ _ ______ ._____ _ ______ _ ____ _____ . 9. Pr"tecti@ "I Lender's Interest m the l'roperty and Rights Under this Security Instrnmeut. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property andlm rights under this Security Instrument (such as a proceeding in bankruptcy, pwbate, for condemnation or f"rfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whateVer is reasonable m appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting andlor assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property andlor rights under this Security Instrument, including its secured positi"n 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 violati"ns or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. G-6(PA) (O\l(}ej '" 'Olti""~ Form 3039 1101 PageBot16 BK I 7 5 3 PG 2 9 7 5 L' .. ~ .' , 249214952 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borwwer secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. lf Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. M"rtgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Burrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a n"n-reftmdable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-reftmdable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borwwer any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and f"r the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-reftmdable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law; Nothing in tlIi5Se6lien l{t aff-eets BOffffivcr's ebligntieft t<qjay 1nterest anI." ..K. pw,idtcI w Ib.e Nul<:. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share ur modify their risk, or reduce losses. These agreements are on tenus and conditions that are satisfactory to the mortgage insurer and the other party (or parties) t" these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include ftmds "btained fr"m M"rtgage Insurance premiums) . As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any afftliate of any of the f"regoing, may receive (directly or indirectly) amounts that derive fr"m (or might be characterized as) a porti"n of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer 1 the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other tenns of the Loan. Such agreements will not increase the amount B"IT"wer will "we f"r Mortgage Insurance, and they will not entitle Bormwer to any refund. .-6lPA) (0008) '" Page 9 01 '6 Inltial$:_~ Form 3039 1101 BK I 7 5 3 PC 2 9 7 6 ,.. --~ ,,! .. , 249214952 (b) Any such agreements will n"t affect the rights B"rrower has - if any - with respect to the Mortgage Iusurance under the Home~ners Pr"tection Act of 1998 "r any other law. These rights may include the right to receive certain disclosures, to request and "blain canceDati"n "f the M"rtgage lusurance, t" have the M"rtgage Insurance terminated automatically, and/or ro receive a refund "f any M"rtgage lusurance premiums that were unearned at the time "f such cancellati"n or termination. 11. Asslgmuent of Miscellaneous Pr"ceeds; F"rfeiture. AU Miscellaneous Proceeds are hereby assigned t" and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration "r repair of the Property, if the restoration "r repair is economically feasible and Lender's security is not lessened. During such repair and rest"rati"n period, Lender shall have the right to hold such Miscellane"us Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has heen completed to Lender's satisfaction, provided that such inspection shaD be uodertaken promptly. Lender may pay for the repairs and restoration in a single disbursement m in a series of progress payments as the wmk is completed. Unless an agreement is made in writing or Applicable UlW requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event "f a total taking, destruction, or loss in value of the Pr"perty, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or I"ss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destructi"n, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be rednced by the amount of the Miscellaneous Proceeds multiplied by the f"llowing fraction: (a) the total amount_Of the "umssecure!innnediately_ before th"JlartiJ!ltakiJJg, de~truction, UI fu.. in value dlVtded" by (0) the fa1r martel value of !he Property immeatately betore the partial taking, destructi"n, or loss in value. Any balance shall be paid to Borrower. In the event "f a partial taking, destructi"n, "r loss in value "f the Pr"perty in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destructi"n, or loss in value, unless B"rrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borr"wer fails to respond to Lender within 30 days after the date the notice is given, Lender is attthorized t" collect and apply the Miscellaneous Proceeds either to restoration "r repair of the Property or to the sums secured by this Security Instrument, whether or not then due. 'Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellane"us Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borwwer can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that. in Lender's judgment, precludes f"rfeiture of the Property or other material impairment "f .-6lPA) (0008) '" Initials: ~G- Page 10 of 16 Form 3039 1101 8N 1753PG2977 .. ' -. . 249214952 Lender's interest in the Property orrigbts under this Security Instrument. The proceeds of any award "r claim for damages that are attributable W the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. B"rr"wer Not Released; F"rbearance By Lender N"t a Waiver. Extension of the time for payment or m"dification of amortization "f the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any. Successors in Interest of Borrower. Lender shall not be required to cummellCe proceedings against any Successor in Interest of Borrower m t" refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy inclnding, without limitation, Lender's acceptaoce of payments from third persons, entities or Snccessors in Interest of Borrower m in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several LiabiIlty; Co-signers; Successors and Assigns Bound. Borrower cuvenants and agrees that Borrower's obligations and liability shall be joint and several. However, any B"rrower wh" co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is cu-signing this Security Instrument only to mortgage, grant and cunvey the c<>-signer's interest in the Property under the terms of this Security Instrument; (b) is not pers"na1Iy obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodati"ns with regard to the terms of this Security Instrument or the Note without the cu-signer's consent. Subject to the provisions of Section 18, any Successor in Interest "f B"rrower who assumes Borrower's obligati"ns under this Security Instrument in writing, and is approved by Lender, shall obtain all of B_orr"we(s rigllts and benefits undeL this ,S!,curity Inslrl1!I1ent. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to sucb release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14, Loan Charges. Lender may charge Borrower fees f"r services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited w, attorneys' fees. property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition "n the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is fmally interpreted so that the interest or other loan charges collected or to be c"llected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided f"r under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. lnU.i.als', -kG- Form 3039 1101 .-6(PA) (0008) '" Page11 of 16 BK I 7 5 3 PG 2 9 7 8 , . , 249214952 15. Notices. All notices given by B"rrower m Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in wnnecti"n with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. N"tice to any "ne B"rrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change "f address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any "ne time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the wrresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules "f Constructi"n. This Security Instrument shall be g"vemed by federal law and the law of the jurisdicti"n in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations "f Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, bnt such silence shall not be construed' as a prohibition against agreement by contract. In the event that any provisi"n or clause of this Security Instrument or the Note couflicts with Applicable Law, such couflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the couflicting provisi"n. As used in this Security Instrument: (a) words of the masculine gender shall mean and inclnde corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (cl the word "may' gives ",Ie discretion without any obligation t" take any action. 17. Borrower's C"py. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Pr"perty or a Beneficial In . . . , m e operty means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, wntract f"r deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Pr~rty or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. H"wever, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this optioo, Lender shall give Borrower n"tice "f acceleration. The notice shall provide a period of not less than 30 days from fue date the notice is given in accordance with Section 15 widrin which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice m demand on Borrower. 19. B"rr"wer's Right to Reinstate After Acceleratioo. If Bmrower meets certain conditions, Borrower shall have the right to have enforcement "f this Security Instrument discontinued at any time prior to the earliest of: (al five days before sale M the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; "r (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (al pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default M any other covenants or agreements; (c) pays all .-6(PA) (0008) '" InlliBrs;-& Form 3039 1101 Page 12 01 '6 BK I 7 5 3 PG 2 9 7 9 , . 249214952 expenses incurred in enforcing this Security Instrument, including, but not limited to, reas"nable attorneys' fees, property inspection and valuation fees, and "ther fees incurred f"r the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Secnrity Instrument, shall continue unchanged. Lender may require that Borr"wer pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) m"ney order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; m (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if n" acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of N"te; Change "f Loan Servicer; N"tice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing "bligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the N"te purchaser. Neither Borrower n"r Lender may commence, join, or be joined to any judicial action (as either an indi..t4tlua1 litigaftt aT the mcrubc.r of do dabS) that iuiosc;s fWID rot:: urner pOlIty s actions pursuant to tlllS ~ecunty Instrument or that alleges that the other party has breached any provisi"n of, or any duty owed by reason of, this Security Instrument, until snch Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Secti"n 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice (0 take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasmJable for purposes of this paragraph. The notice "f acceleration and opportunily to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to sa1isfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazard@s Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gas"line, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radi"active materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defmed in Environmental Law; and (d) an IIEnvironmental Condition~ means a condition that can cause. contribute to, or otherwise trigger an Envirornnental Cleanup. . -6(PA) (0008) '" Page 130f16 lOitlalS:-U- Form 3039 1/01 BK ! 7 5 3 PG 2 9 8 0 , '.- , .; 249214952 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten t" release any Hazardous Substaoces, "n or in the Property. Borrower shall not do, nor allow anyone else t" do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a conditi@ that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage "n the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substaoces in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, Claim, demand, lawsuit "r other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance m Envir"nmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including bnt not limited to, any spilling, leaking, discharge, release or Ihreat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value "f the Property. If Borrower learns, or is n"tified by any g"vernmental or regulatory authority, or any private party, that any removal or other remediati"n of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleannp. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give n"tice t" Borr"wer prior to accelerati"n following B"rr"wer's breach "f any c"venant "r agreement in this Security Instrument (but not pri"r to acceleration under Section 18 Wtless Applicable Law pr"vides "therwise). Lender shall uotify Bormwer of, 3Ulong "ther things; (a) the default; (b) the acti"n required t" cure the default; (c) when the default must be cured; and (d) that failure t" cure the default as specified may result In acceleration of the swns secured by this Security Instrument, f"rec!()Sure by judicial proceeding and sale of the Pr"perty. Lender shall further Inf"nn Borr"wer "f the right to reinstate after acceleration and the right to assert in the forecl()Sure proceeding the non-exlstence "f a default or any other defense of B"rr"wer t" accelerati"n and forecl()Sure, If the default is n"t cured as specified, Lender at its option may require immconigip. ~ynu..nt in full of a1lSUIIlS seeured hy this ScclhitJ LJi)bWJIt~ul wlthuUl further uemand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expeuses incurred in pursuing the remedies provided In this Secti"n 22, including, but Mt limited t", attorneys' fees and c()Sts of title evidence to the extent penuitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any rec"rdation costs. Lender may charge Borrower a fee for releasing this Security Ins1rument, but ouly if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit "f any present or future laws providing for stay of execution, extension of time, exemption fwm attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is tent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage f"reclosure shall be the rate payable from time to time under the Note. Initials: ,!G- .~PA) (0008) '" Page 1401 16 Form 3039 1101 BK I 7 S 3 PG 2 9 8 I , ", :- \-' '. 249214952 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instnunent and in any Rider executed by Borrower and recorded with it. ~ ~/~-(Seal) . T E GRUCZ . -Borrower (Seal) ,Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) ~Borrower (Seal) -Borrower G-6(PA) (0006) '" Page 150116 Form 3039 1101 BK I 75 3 PG 2 9 82 , .'" , 249214952 CertifICate of Residence I, JOSH VELASQUEZ the correct address of the within-named Mortgagee is 2828 NORTH HARWOOD, ~tLLAS, TX Witness my hand this \ 8'~ day 0 , do hereby certify that J-(5IJd- JOSH Agent of Mortgagee COMMONWEALTH OF PErSYLVANIA, On this, the JUt- day of undersigned officer, personally appeared v ~~ Countyss: '/!; A ~ C L( ,dol). ,before me, the KATHIE GRUCZ luuw u Lv lUt; (Ul satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instnunent and acknowledged that he/she/they executed the same for the purposes herein contained. N TARIAL SEAL ROBERT G. RADEBACH, N.otary Pubhc City of Harrisburg, Dauphin County M Commission Ex If.S A 118,2002 .-' ~;r:" IN WITNESS WHEREOF, I hereunto set my hand and official My Commission Expires: Title of Officer O",.6(PA) (0008) '","al,~G Form 3039 1/01 Page 1601 16 BK I 7 5 3 PG 2 983 Deed #1 Notes For: 20-01355720 , . , < , ALL THAT CERTAIN LOT OR PIECE OF GROUND SITUATED IN THE BOROUGH OF CAMP HILL, COUNTY OF ,CUMBERLAND AND STATE OF PENNSYLVANIA, BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH SIDE OF MARKET STREET, EIGHTY-THREE AND FIVE-TENTHS (83.5) FEET WEST OF THE SOUTHWEST CORNER OF MARKET STREET AND BOWMAN AVENUE; THENCE AT RIGHT ANGLES IN A SOUTH-ONLY DIRECTION ALONG LANDS NOW OR FORMERLY OF ANNA I WOLF TWO HUNDRED (200) FEET TO A 15-FOOT PUBLIC ALLEY; THENCE AT THE RIGHT ANGLES IN A WESTERLY DIRECTION ALONG THE NORTH SIDE OF SAID ~S-FOOT ALLEY FORTY-ONE (4~) FEET TO A POINT; THENCE AT RIGHT ANGLES IN A NORTHERLY DIRECTION TWO HUNDRED (200) FEET TO MARKET STREET; THENCE AT RIGHT ANGLES IN AN EASTERLY DIRECTION ALONG THE SOUTH SIDE OF MARKET STREET FORTY-ONE (4~) FEET TO THE PLACE OF BEGINNING; CONTAINING FORTY-ONE (41) FEET IN FRONT ON MARKET STREET AND EXTENDING BACK AN EVEN WIDTH TWO HUNDRED (200) FEET TO THE AFORESAID lS-FOOT PUBLIC ALLEY, AND HAVING THEREON ERECTED A TWO AND ONE-HALF STORY BRICK DWELLING HOUSE NO. 2605 MARKET STREET. SK I 7 5 3 PC 2 9~\ ~ of 1 ..t '., ,') . , 249214952 (LffiOR 6 Month Index (As Published In The Wall Street Journal) . Rate Caps) ADJUSTABLE RATE RIDER THIS ADJUSTABLE RATE RIDER is made this 18th day of MARCH 2002 ,and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Adjustable Rate Note (the "Note") to CENTEX HOME EQUITY COMPANY, LLC (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 2605 MARKET STREET CAMP HILL, PA 17011 [property Addres,] THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT, THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY, ADDmONAL COVENANTS. In addition to the convenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: :'-. INTEREST RATE AND MOlum--i I'AiMEN 1 CtlANliES The Note provides for an initial interest rate of 11.750 %. The Note provides for changes in the interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the 1st day of OCTOBER ,2002, and on that day every 6TH month thereafter, Each date on which my interest rate could change is called a "Change Date, " (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for 6 month U.S. dollar-denominated deposits in the London market ("LlBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the first Multistate Adjustable Rate Rider. LIBOR 6 Month Index Modified 838U (9705) I FNMA 3138 (6194) CE838Ul (031098) Page 1 of 3 ~, BK I 7 5 3 PG 2 98 5 , , , . ~ 249214952 business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index. ., If the Index is no longer available, the Note Holder will choose a new Index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding ELEVEN AND 750/1000 percentage point(s) ( 11 . 750 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4{D} below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the fIrst Change Date will not be greater than 12.750 % or less than 11. 750 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than ONE AND 000/1000 percentage point(s} ( 1 . 000 %) from the rate of interest I have been paying for the preceding 6 months. My interest rate will never be greater than ~8. 750 %. * (E) Effective Date of Changes * or lower than 11.750 %. My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the fIrst monthly payment date after the Change Date until the amount of my _nlhly payment eh8nge. again, (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the telephone number of a person who will answer any question I may have regarding the notice. B, TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 17 of the Security Instnunent is amended to read as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instnunent. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instnunent Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender infOl1ljll!i~ required by Initials: --1<... G-838U (9705) Page 2 of 3 orm 3138 6/94 '" m< \ 7 S 3 PI; 2 <3 8 G , . , . , ' '" .". 249214952 Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instnunent is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instnunent. Borrower will continue to be obligated lll1der the Note and this Security Instnunent unless Lender releases Borrower in writing. If Lender exercises the option to require inunediate payment in full, Lender shall give Borrower notice of acceleration, The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instnunent without further notice or demand on Borrower, BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. ~z~ (Seal) _ (Seal) -Borrower -Borrower (Seal) -Borrower . (Seal) -Borrower (Seal) (Seal) -Rorr.aw&--.__ BOllUIl'IICol (Seal) -Borrower (Seal) -Borrower Q838U (9705) '" Page30t3 Form 3138 6194 I Certify this to be recorded In Cumberland County P A y;C~,~~ }~'~I "f .r-."jl.)' 0.1 L [,.;~ ''''^I,\'!; " '\"1 "--~' 0 '1 " I~' > ~.. {~ ) ? --,';,.~" h,. Recorder of Deeds I3R \ 153PG2987 , ' EXHIBIT B , , " , McCABE, WEISBERG AND CONWAY, P,C, BY: TERRENCE J, McCABE, ESQUIRE Identitication Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 215 790-1010 Ccntex Home Equity Company, LLC 350 HIghland Drive Lcwisvil1e, TX 75067 v Kathie GruC'/, 2605 Market Street Camp HilL PA 17011 Attorney for Plaintiff Cumberland County Court of Common PIcas ~" (:;;;:;1 0 C::l " Z jJ CJ n1:!J .,,- -,)rr; 0', =jl? C;(~ --r:] ~r: -T, r-'.', =I1 , " ~~'.. ,~, c, S~ 1'.) " ~ rTl ~:'::'l ~ 0 y- :D .,;- , Number OL( - $''7450 C?; Ol ~V't.z CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE You 11IIve been sued in court. fryall wish 10 defend against the cl~illls set forth ill the rollowing pages, yOll must lake action withill twclll}' (20) U<lYs after lhis complaint and notice are served, hy cll\cnng a wnlten appe<:lrance personally or by attorney <lnd filing in writing with the court your defeflSes Of objections to the claims set forth against you. You are wamed thai if you fail to do so the case may proceed without you and a Judgment may be el1tered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff You may lose mOlley or property Of other nghts important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LA WYER. GO TO OR TELEPHONE THE OFFICE SET FORTIi BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LA WYER IF YOU CANNOT AFFORD TO HIRE A LA WYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE CUlllbcrl~l1d COUIlIY Bar Association 2 Liberty t\ venue Cnrlislc, PA, 17013 800J)9U-\) \ 08 A VISa Le hall demandado a usted en la corte. Si usted quiere defenderse de estas demand as ex-puestas en las paginas sigl.lientes, usted tielle wIllte (20) dias de pJazo al partir de la fecha de la ctemanda y la notlflcacion. Hace faHa aselltar una comparencia escrita 0 en persona 0 con un abogado y entre gar a la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende la corte tomara medidas y puede continuar 1a demanda en contr~ suya sin previo aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero 0 sus prnrip...-I!'l,-lp" II ....trn" d("re~h,}\: imp9rtaRI~ J3ara-w;te4;-~-~ USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO lNMEDlATAMENTE. SI USTED NO TIENE A UN ABOGADO, V A A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, EST A OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERV1CIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARlO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty A venue Carlisle, P A, 17013 800-990.9108 , ' , ' McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J, McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Celltex Home Equity Company, LLC 350 Highland Drive Lewlsville, TX 75067 Attorney for Plaintiff Cumberland County Court of Common Pleas v. Kathie Grucz 2605 Market Street Camp I-lJlI. PA 170] I Number CIVIL ACTION/MORTGAGE FORECLOSURE I. Plamtiff is Centex Home Equity Company, LLC, a corporation duly orgamzed and doing business at the above captioned address. 2. The Defendant is Kathie Grucz, who is the mortgagor and real owner of the mortgaged property heremaner described, and her last-known address is 2605 Market Street, Camp Hill, PA 17011. }~- ----Gn 03!l8!2002, mortgager made, executed aJld Jeli 'ClcJ ""lUll~a~c upon the- premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1753, Page 2968. 4. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 2605 Market Street, Camp Hill, PA 1701 L 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2004 and each month thereafter are due and unpaid, and by the tenns of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectlble forthwith. , , . ./ " , , 6, The following amounts are due on the mortgage: Pnncipol Balance $ 121,040.55 Interest 06/01/2004 through 10/29/2004 $ 6,531,22 (Plus $ 45.60 per diem thereafter) Attorney's Fee $ 6,052.03 Late Charges $ 1,358.34 Corporate Advances $ 11,774,86 Cost of Suit $ 225.00 Appraisal Fee $ 125,00 Title Search $ 200.00 GRAND TOT AL $ 147,307.00 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvama Law and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is remstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 0. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. 9403) and notice reqUired by the Emergency Mortgage Assistance Act of 1983 as amended under 12 P A Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail WiTIlac-ertrtlcate ot mallmg. ailcllJY certrfrea mail,return receipt requested:---- WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $147,307.00, together with interest at the rate of $45.60 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. ~~~UffiE Attorney for Plaintiff , " , , VERIFICATION The ul1dersigned, Terrence J. McCabe, Esquire, hereby certifies that he is the Attorney for the Plaintiff in the within action, and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that raIse statements herein are made subject to the penalties of 18 P ACS. 94904 relating to 1I11SWOlll Lilsiftcatiol1 to authorities. ~~~:t:~ Terrence J. cC e , ' ) :;z 157D e " 1 > , ,., '.' .- " '.n '._:"'"1\ ~;,; (:i" DEEDS ",'X:J::;\U,:;) COllNTY-PA '02 rJflR 28 AP11112 Prepared By: JOSH VELASQUEZ (fL 1f'~ro Return To: Parcel Number: 01210271508 GENERAL AMERICAN CORPORATION POBOX 1117 PITTSBURGH PA 15230-1117 fllMe: /00' /tj{-I(,/7 249214952 [Space Above This Line For Recording Data} MORTGAGE DEFINITIONS Words used in multiple sections of this document are dermed below and other words are dermed in Sections 3, II, 13, 18,20 and 21. Certain rules regarding the usage of words used in this document are also provided _._~-6~-- -----,-----.--------- ---.---.. ---- --- ----. (A) "Security Instrument" means this document, which is dated together with all Riders to this document. (B) "Borrower" is KATHIE GRUCZ 3/18/2002 Borrower is the mortgagor under this Security Instrument. (e) "Lender" is Lender is a CENTEX HOME EQUITY COMPANY, LLC A LIMITED LLABILITY COMPANY Exhlblt A PENNSYLVANIA . Single Family - Fannie Mae/Freddle Mac UNIFORM INSTRUMENT G -6(PA) loooa) '" Page 1 0116 Form 3039 1101 Inma's:~ IIII~~ II~IIIIIIRIIIIIIIIIIIII t:vh\r~'- "~ VMP MORTGAGE FORMS. (800)521-7291 BK I 7 S '1 Of") () ,.. " , ' - . , , 249214952 organized and existing under the laws of THE STATE OF DELAWARE Lender's address is 2828 NORTH HARWOOD DALLAS, TX 75201-1516 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated The Note states that Borrower owes Lender 3/18/2002 ONE HUNDRED TWENTY ONE THOUSAND EIGHT HUNDRED & 00/100 Dollars (U.S. $ 121,800.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than 4/01/2032 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property. " (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under .the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instnunent that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: [!] Adjustable Rate Rider D Balloon Rider DVARider D Condominium Rider D Planned Unit Development Rider D Biweekly Payment Rider D Second Home Rider D 1-4 Family Rider D Other(s) [specify] (II) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, er<lirulllees Illl<I administratiye OOC3' Illl<I ol'tlen-{tltllt-llave--tbe-effeet---of-law,-as--well a. .dl .1'1'1i~,d,k fUJal;--. non-appealable judicial opinions. (I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instnunent, compnter, or magnetic tape so as to order, instruct, or authorize a fmancial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (tii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument G-6(PA) (0008) '" Page2ol16 InltialS:~ Form 3039 1101 P',!) , "-t,-,.........~..... ..... .,.. ..... , , , 249214952 (0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.c. Section 2601 et seq,) and its implementing regulation, Regulation X (24 C.F.R. Part 35(0), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESP A" refers to all requiremeots and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" meaDS any party that has taken title to the Property, whether Or not that party has assumed Borrower's obligations under the Note and/or this Security Instnunent. TRANSFER OF RlGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the perfonnance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the COUNTY [Type of Recording Jurisdiction] of CUMBERLAND (Name of Recording Jurisdictkm]: All that tract or parcel of land as shown on Schedule "A" attached hereto which is incorporated herein and made a part hereof. which currently has the address of 2605 MARKET STREET CAMP HILL ("Property Address"): [Cityl, Pennsylvania 17011 [Stree'] [Zip Code] TOGETIIER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixmres now or hereafter a part of the property, All replacements and additions shall also be covered by this Security Instnunent. All of the foregoing is referred to in this Security Instrument as the "Property. " G-6(PA) (0006) ~ Page 3 of 16 Initials: p~ Form 3039 1101 nu lie') f'lf' <) n ..., n , , - , " . . 249214952 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. TIllS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property . UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instnunent shall be made in U.S. currency. However, if any check or other instnunent received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instnunent be made in one or more of the following forms, as selected by Lender: (a) cash: (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, withnnt U1~ivl;"r of ~ny right~ h~TP.1mnp.T or prejllciir.e to its rights to refuse such payment or partial pa)'DJents in the future, but Lender is not obligated to apply such payments at me time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower, If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instnunent. 2. Application of Payments or Proceeds, Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any omer amounts due under this Security Instnunent, and then to reduce the principal balance of the Note, If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge, If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in G-6(PA) (0008) '" Initials: t::'- Page 4 01 16 Form 3039 1/01 BK I 753Pr,?g71 . ...\ " : , ' 249214952 full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments, 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the 'Funds ') to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instnunent as a lien or encumbrance on the Property; (h) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender wIder Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items.' At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Tn~fntmp.nf ~~ the phra~e "COVf~a~t and agreement" is used in Section 9. If Borrower is obli~at~_~y Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3, Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (h) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instnunentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to malee such a charge, Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the G-6(PA) (0008) '" PageS of 1a InilialS;~ Form 3039 1101 OIl11t;1D('')07') , , . " , 249214952 Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESP A- If there is a surplus of Funds held in escrow, as defmed under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, Imt in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defmed under RESP A, Lender shall notify Borrower as required by RESP A, and Borrower shaJl pay to Lender the amount necessary to make up the deficiency in accordance with RESP A, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instnunent, Lender shall promptly refund to Borrower any Funds held by Lender. 4, Charges; Liens, Borrower shall pay all taxes, assessments, charges, fmes, and impositions attributable to the Property which can attain priority over this Security Instnunent, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any, To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority OVPT thi~ ~f>f'llPty Irwtn1nlPnt, lender may give Rerre'ller a notice idcfttiJ)ing the. l~l;:u. ",vjt:b:i:tr-ltr-~---- days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4, Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. S, Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the tenn of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice. which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. ~-6{PA) (0006) Page6ol16 lniliaIS:~ Form 3039 1101 RIf I 7 ~ 1 Dr.: ? a 7 Q " , 249214952 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instnunent These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall Dame Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage. not otherwise required by Lender:. for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee andJor as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender, Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to _._M}(t..such.- jn~lmnV':p pTfV'"PPih: un.;) I ~JJQer b!lS had an opportlmity-tG--io.spect such Property to-easur-e-tlte-wer-k---- has been completed to Lender's satisfaction, provided that such inspection shall be nndertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on snch proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instnunent, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may f1le, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 3O-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instnunent, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. ~-6(PA) (0008) Initials: kG- Page70f 16 Form 3039 1/01 RI( I 7 C;; ~ or ') r'l, L , \ , , " , . 249214952 6. O~~upancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections, Borrower sball not destroy, damage or impair the Property, allow the Property to deteriorate or conunit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreaSing in value due to its condition. Unless it is determined pursuant to Section S that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage, If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condenmation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation fOT the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Appli~ation. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to prOYide__LennP.:T with mlltpriaLinform:.tinn) il'1 rnuvection- ,JritP the Loon.---M~-ial--representations-inelutle.but--------- are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights IUlder this Security Instnnnent (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instnunent or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instnnnent; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to malce repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action IUlder this Section 9, Lender does not have to do so and is not IUlder any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized IUlder this Section 9. C-6(PA) (0008) '" /F Inifials:~t1 Form 3039 1101 Page80116 HI( ! 7 S ~ pr; ? Q 7 c; , ., , 249214952 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance, If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can nQ longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward lbe premiums for Mortgage Insurance, Borrower ~h:lt1 pay thp. prpt]lil1m(! rp~liTPrl tn Jll~jnb;u Mortgage Imur.ance-in effect, or to provide aOOH-~ reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such terminstion or until terminstion is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note, Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums) . As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any aff1Iiate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer. the arrangement is often termed "captive reinsurance. " Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan, Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund, G-6(PA) (0008) '" Page90f 16 Init1aIS:~ Form 3039 1101 011 I '7 c:: r) ni' " " .... r , , , 249214952 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law, These rights may include the right to receive certain disclosures, to request and obUlln cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any MortgagelDSUr:mce.premiums that were unearned at the time of such cancellation or termination, 11, Assignment of Miscellaneous Proceeds; Forfeiture, All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or eamings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid (0 Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taIcing, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instnunent immediately before the partial taking, . ~ destrUctiOli, or loss mVaJue, ulUess IiOrrowenjjiln:eoo"TOtlierwfse agree m Wfilliig--;lbe surits secfuedoylliiS Security Instnunent shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (h) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Ally balance shall be paid to Borrower. In the event of a partial taIcing, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to malee an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply me Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower sball be in default if any action or proceeding, whether civil or crirninaI, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instnunenl. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of G-6(PAI (0008) '" Page100f16 InifiaIS:_~ Form 3039 1/01 Pit lie '1 01' ') n .., -, , . , 249214952 Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver, Extension of the time for payment or modification of amortization of the sums secured by this Security Instnunent granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instnunent only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instnunent; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, mO<jify, forbear or make any accommodations with regard to the terms of this Security Instnunent or the Note without the co-signer's consent. ---,SubjeelJo thel'.tovisiollllof Section~ Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instnunent in writing, and is approved by Lender, shall oIiiairl. allorn Borrower's rights and benefits under this Security Instnunent. Borrower shall not be released from Borrower's obligations and liability under this Security Instnunent unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender, 14, Loan Charges, Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instnunent, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or oilier loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already colleeted from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. Initials: -II&-- Form 3039 1101 G-6(PA) (0008) '" Page 11 0116 Oil I I r::: '} nr ') r"l ., 0 .' , , , , 249214952 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing, Any notice to Borrower in connection with this Security Instrumenf shall be deemed to have been given to Borrower when mailed by fIrst class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to anyone Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise, The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address, If Lender specifIes a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specifIed procedure, There may be only one designated notice address under this Security Instrument at anyone time, Any notice to Lender shall be given by delivering it or by mailing it by fIrst class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in cormection with this Security Instnunent shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument 16, Governing Law; Severability; Rules of Construction, This Security Instnunent shall be governed by federal law and the law of the jurisdiction in which the Property is located, All rights and obligations contained in this Security instnunent are subject to any requirements and limitations of Applicable Law, Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract In the event that any provision or clause of this Security instnunent or the Note coofIicts with Applicable Law, such coofIict shall not affect other provisions of this Security Instnunent or the Note which can be given effect without the conflicting provision. As used in this Security Instnunent: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take ----anyacUon:--- _______n__ 17, Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instnunent 18. Transfer of the Property or a Beneficial Interest in Borrower, As used in this Section 18, "Interest in the Property" means any legal or benefIcial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a mtural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law, If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instnunent If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or.demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration, If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security instnunent 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 Instnunent; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instnunent Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all G-6(PA) (000') '" Page 120116 InitlaIS:~ Form 3039 1/01 ,""u I .,...... I'"'j nt" " t'\ ..., n ----- , -,- ,. 249214952 expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrum. eDl; and1d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and ights under this Security InstrumeDl, and Borrower's obligation to pay the sums secured by this Security tnunent, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such cbeck is drawn upon an institution whose deposits are insured by a federal agency, inSl1umentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note pIIfC-iIase<. --- -. -- .--..--. ----- .-- Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instnunent, until sucb Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. U Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances, As used in this Section 21: (a) "Hazardous Substances" are those substances defmed as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides aod herbicides, volatile solvents, materials cODlaining asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law' means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defmed in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. G-6(PA) (0006) '" Page 130116 InitiaIS:~ Form 3039 1/01 QIl I 7 r:;, '1 Dr ') 0 Q n , 1 ", - , , ' , 1 249214952 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property, The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products), Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law, Nothing herein shall create any obligation on Lender for an Environmental Cleanup, NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration foUowing Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise), Lender shaU notify Borrower of, among other things: (a) the default; (h) the action required to cure the default; (c) when the default must he cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property, Lender shall further infonn Borrower of the right to reinstate after acceleration and the right to assert . --;nthe fm ""I...w e-proceeding --the--nOJFeXistence. of-a.defauIt or.1II1y-other ederense. oLllnrrower to". acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to coUect aU expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law, 23. Release. Upon payment of aU sums secured by this Security Instnunent, this Security Instnunent and the es1ate conveyed shan terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instnunent. Borrower shall pay any recordation costs, Lender may charge Borrower a fee for releasing this Security Instnunent, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law, 24. Waivers, Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instnunent, and hereby waives the benefit of any present or futore laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period, Borrower's time to reinstate provided in Section 19 shan extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Muney Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. Initials: -VG- G-6(PA) (OOOS) '" Page 140f16 Form 3039 1101 Oil I 1 c:: '1 Df' ') n 0 I " . . .. . , , 249214952 BY SIGNING BELOW. Borrower accepts and agrees to the terms and covenants contained in this Security InstI1lment and in any Rider executed by Borrower and recorded with it. ~~ . / (Seal) , T E GRUCZ. ~B- - onower (Seal) -Borrower (Seal) --=Borrower (Seal) -Borro~a - -~- ----- ---- (Seal) -Borrower (Seal) -Borrower (Seal) . (Seal) -Borrower -Borrower G-6(PA) (0008) '" Page 150f 16 Form 3039 1101 QIl I ..., C 'i nr ') " n ') ,,' , 249214952 Certificate of Residence I, JOSH VELASQUEZ the correct address of the within-named Mortgagee is 2828 NORTH HARWOOD,~tLLAS, TXl Witness my hand this , ~ ~ day of 201-1 1 0'L{ I~I , do hereby certify that ~ o<.}- JOSH Agent of Mortgagee COMMONWEALTH OF PErSYL VANIA, On this, the J € {t day of undersigned officer, personally appeared l) ~~ Countyss; 'f~ AK C ['f ,dOl) ,beforeme, the KATHIE GRUCZ known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instnunent and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereuntn set my hand and Offi7:Cial al0 My Conunission Expires; ~/ - , " NOTARIAL SEAL ROBERT G. RADEBACH, Notary PublIC [ City of Harrisburg, Dauphin County M Commission E ires A ril 8, 2002 ," ..:""..".. -' .--' ~ "f!" .(:.-~~ Title of Officer O",-6(PA) (0008) '";';""~ Form 3039 1101 Page160f 16 nil. 'r'"'i"\{"'l,/""I. "'^ ^^ -~ \... Deed #1 Notes For: 20-01355720 , ALL THAT CERTAIN LOT OR PIECE OF GROUND SITUATED IN THE BOROUGH OF CAMP HILL, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH SIDE OF MARKET STREET, EIGHTY-THREE AND FIVE-TENTHS (83.5) FEET WEST OF THE SOUTHWEST CORNER OF MARKET STREET AND BOWMAN AVENUE; THENCE AT RIGHT ANGLES IN A SOUTH-ONLY DIRECTION ALONG LANDS NOW OR FORMERLY OF ANNA I WOLF TWO HUNDRED (200) FEET TO A IS-FOOT PUBLIC ALLEY; THENCE AT THE RIGHT ANGLES IN A WESTERLY DIRECTION ALONG THE NORTH SIDE OF SAID IS-FOOT ALLEY FORTY-ONE (41) FEET TO A POINT; THENCE AT RIGHT ANGLES IN A NORTHERLY DIRECTION TWO HUNDRED (200) FEET TO MARKET STREET; THENCE AT RIGHT ANGLES IN AN EASTERLY DIRECTION ALONG THE SOUTH SIDE OF MARKET STREET FORTY-ONE (41) FEET TO THE PLACE OF BEGINNING; CONTAINING FORTY-ONE (41) FEET IN FRONT ON MARKET STREET AND EXTENDING BACK AN EVEN WIDTH TWO HUNDRED (200) FEET TO THE AFORESAID IS-FOOT PUBLIC ALLEY, AND HAVING THEREON ERECTED A TWO AND ONE-HALF STORY BRICK DWELLING HOUSE NO. 260S MARKET STREET. BR I 7 5 3 PG 2 ~\ 1 of 1 \' , 249214952 (LIBOR 6 Month Index (As Published In The Wall Street Journal) - Rate Caps) ADJUSTABLE RATE RIDER THIS ADJUSTABLE RATE RIDER is made this 18th day of MARCH 2002 ,and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trusl or Securily Deed (the "Securily Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Adjustable Rate Nole (the "Nole") to CENTIlX HOME EQUITY COMPANY, LLC (the "Lender") of the same date and covering the Property described in the Security Instrument and located al: 2605 MARKET STREET CAMP HILL, PA 17011 [Property Address 1 THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDmONAL COVENANTS.. In addition to the convenants and agreemoots made in the Security Instrument, Borrower al'ltlLender further covenanl and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 11. 750 %, The Note provides for changes in the interest rate and the monthly payments, as follows: 4, INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interesl rate I will pay may change on the 1st day of OCTOBER , 2002 and on that day every 6TH month thereafter. Each date on which my interest rale could change is called a "Change Date. " . (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for 6 month U.S. dollar.denominated deposits in the London market ("L1BOR"), as published in The Wall Street Journal. The most recent Index figure available as of the first Multistate Adjustable Rate Rider - LIBOR 6 Month Index Modified 838U 89705) I FNMA 3138 (6/94) CE838Ul (031 98) Page 1 of 3 .// =K{s- _.* J -rr-J"\nr-I"i('lOC " , 249214952 business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new Index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding ELEVEN AND 750/1000 percentage point(s) ( 11. 750 %) to the Current Index, The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then detertnine the amount of the monthly payment that would be suflicient to repay the unpaid principal that I am expeeted to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (V) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 12 . 750 % or less than 11. 750 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than ONE AND 000/1000 percentage pomt(s) ( 1. 000 %) from the rate of interest I have been paying for the preceding 6 months. My interest rate will never be greater than 18.750 %. * (E) Effective Date of Changes * or lower than 11. 750 %. My new interest rate will become effective on each Change Date. I will pay the amount of my new Il1Qnthly payment beginning_on thefust monthly pa)lllJent date afte-i the Change Dille until the amount uf my monthly payment changes again. (F) Notice of Chrmges The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 17 of the Security Instnunent is amended to read as follows: Transfer of the Property or a Beneficial Interest in Burrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natmal person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instnunent. However, this option shall DOt be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender infol1ll"li~quired by Initials: fj G-838U (9705) Page 2 of 3 orm 3138 6194 '" _ _ ^ ~" ,., 0 Q r;:, : ~ t'" " 249214952 Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (h) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is accepmble to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption, Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument Borrower will continue to be obligated under the Note and this Security Instnunent unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed witI>Jn which Borrower must pay all sums secured by this Security Instrument, If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies pennitted by this Security instnunent without further notice or demand on Borrower, BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. ~'z~ ~38U (9705) $ (Seal) (Seal) -Borrower -Borrower (Seal) ,(Seal) -Borrower -Borrower (Sea:1) . (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower Page 3 of 3 Form 3138 6/94 Recorder of Deeds _" . ..,.- .... "''' .. n Q , " .'.... . -. .' , , , EXHIBIT C ',' .. .' , ' ,"t.-- ~Or b,--J -,-~.~-~---l-_.._-~..-~--~--'----'--'~--"----------'-'--'"-_.._--~.-._---------- c ____..________._. ___.{lr:J.S~~('_S"__~'-~-cJ S;o.J_JI/'_~_t o"L____ ~~-~-=~~~-~~ ~~-e~~- ~~ ~" ~~l =-=- ~ ~- -~~~- --. --=-~- ~~ __f\1o_',__o L.L-,-- S"._'J.<-JJ'__L:I_V:IJ_+(, C---""'_____ _____._____'________ ________ L_ __r_G!~_' V_l.?{ "'-"_cr------ ------.- ----------.-----.--- ~_' :r:,-,):=\o ,m <"i>_C{~ "-~ _______ . _ __ _____",n_ ~'__n_n~~:fo____LLlI'no":"'_.<:r______ _ _ ____ --- -_______~__~_ :.f, I'1""-6___ LO/Y_~Sc+-:::_ _ _______ __ nu_ __ __________ 5". _l.J.,.Jth ~~, 0 <-:r:Lf;<'it;~tJ_u". f P-~7 ~,,:f- t'::'-<:~e _ S''l7't ]>(0 -JJz < - C ',L.(J_0_-<CHL~_~ _",,_0~"".0S J; STe)---{.'.fi{ _c..b,Jl .!.rlr __.____ n~'f- CL-n" liL_ Aft2lL,.J~-Re.<-s~--- ----.--------------,------ '-. ~,L~u ~1~J~:-JVtJ ,.-~:C:L~:~VC-~&ffnq.Lcv~-~:~--.--------------' ~ ~---DJ...P.--rJ-~-----.--- ----~1-L-F-"t---.-----l(----- ' ____m_t2e..f..!_~_D_LL:c(f~ --<l-S __g-..cv-.~_~~ CECo..Yl~~~~,__ .------.~<>-~..:=.),tirJ-O----f~~?:M "fZc}:T e.___<6r'~~_ r-'5.0 ;r-~~n --- -------------------------------------------0. l~0f~L,[=::- S.-i-d-d-L-L~~.b-..s~r-"".cd--------- ~J-((~(-tA-u--_~:-~~--:~G-~--~-C.~ ____nun_Mum ~-l... ~ -,-----.--.---~-~----.-..-----,-.---------.-- -- -- ------ -------- - -- ---c:- ------..---~ __m.___ ---------_____________._______ ________ m_______~~-C.'"l,tlQ.--0~:JD>~O--z: __C-'LtY "-.,J~ cfC:o-------- --- -----rs!5!--"S'.. 6_t'._....--_~~ <::~----~--_ L'1u",:_C",!2:f_ --c-.c S"7--s;.tC--\. ____._ _ ______ _____~__? ~_ (CQ ttz .~ t '---5 -5. _(?r..._,,{ _ s~~d Pk,l, & '1- ( 'If 0 1 . ,;{c ~) __] 10- /( () CG__ --.- --. -- -- -.---. ._._--_._--------,._--------_.~~ _ n s-.A__9-d~ u ____ ___ -=~:-& - C) ~ c) _n ___________..~,~~_______~____ __-(1 o ::;:l Pl fi'l::!:"1 " .- -- ---------- ---~-----(~) --;;9--- .j ,. C) (;::(> - ~~_-_=__'~:~n:_~~~~i, -~___ :::--=1 c..,) 5; -..:.., - .< - ---~ ___-u..- "'" . . ,. , . ' TO TIlE HEREIN DEFENDANTS: YOU ARE HEREBY NOTIFffiD TO PLEAD TO TIlE ENCLOSED PLEADING WITIIIN TIlIRTY (30) DAYS OF SERVICE TIlEREOF ORA DEFAULT JUDGMENT MAY RED G T U McCABE, WEISBERG & CONWAY, p,c. BY: MARC S. WEISBERG, ESQUIRE Identification Number 17616 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Centex Home Equity Company, LLC 350 Highland Drive Lewisville, TX 75067 COURT OF COMMON PLEAS CUMBERLAND COUNTY v. Kathie Grucz 2605 Market Street Camp Hill, PA 17011 NO. 04-5746 REOUEST FOR ADMISSIONS . t'ursuafino tlie l'enhsylv~\lila Kules ot CiViI1'ioce<lure;-Rule4014~!'Iain1ilfhasserVe(r upon you a written Request for Admissions for the purpose of the pending action, relating to statements or opinions offact or the application oflaw to fact, including the genuineness, authenticity, correctness, execution, signing, delivery, mailing or receipt of any document described in the request. Note that each allegation set forth will be admitted unless, within thirty (30) days after service of the request, or within such shorter time or longer time as the Court may allow, the party to whom the request is directed, shall serve upon the party requesting the admission, a verified answer by a party or an objection, signed by the party or his attorney. For the purposes ofthis Request for Admissions, Centex Home Equity Company, LLC, will be hereafter termed "Plaintiff," and Kathie Grucz will be termed "Defendant." . . . I, The mortgage for plaintiff is in default because monthly payments of principal and interest upon said mortgage due 7/1/2004 and each month thereafter are unpaid. If the above request for admission is denied, attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. 2. The principal balance due on the mortgage is $121,040.55, If the above request for admission is denied, attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. 3. The interest per diem is $45.60, and the interest due on the note and mortgage from 6/1/2004 through 10/29/2004 is $6,531.22, If the above request for admission is denied, attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. ----. -...--- . --'f. . -PlaintitIsent Act 6 and Act 91 letters which were received by defendant. If the above request for admission is denied, attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. 5. The Act 6 and Act 91 letters sent to defendant complied with all statutory requirements. lfthe above request for admission is denied, attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. 6, Attorney's fees are in conformity with the mortgage loan documents and ,. .' , , . Pennsylvania Law. If the above request for admission is denied, attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. Respectfully submitted, McCABE, WEISBERG & CONWAY, P,C, BY: ,,-' ,-' " McCABE, WEISBERG & CONWAY, P.C. BY: MARC S, WEISBERG, ESQUIRE Identification Number 17616 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Centex Home Equity Company, LLC 350 Highland Drive Lewisville, TX 75067 COURT OF COMMON PLEAS CUMBERLAND COUNTY v. Kathie Grucz 2605 Market Street Camp Hill, PA l7011 NO. 04-5746 CERTIFICATE OF SERVICE I, Marc S, Weisberg, Esquire, attorney for Plaintiff, hereby certify that a true and correct copy of the within Request for Admissions was served on the below party on the 11th day of January, 2005, by the United States mail, first class: --~._.-... .------.- Kathie Grucz, Pro Se 1605 M~lkl:lli!feet Camp Hill, PA 17011 DATE: J'i /05 / I . t' . , '. . EXHIBIT E , . ' l't8lTl.X . HDMEEQUm i 111,1111111 . . '. Io' 'i 7~O~ 5~pO' 2~DD p~" 2Q~~ September 22, 2004 ,I~J_I; IWbie Otucz I ' 2605 Market SlIWt Camp Hill, PA IrOll I I I I ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FRO~ "FORECLOSURE' . I This is an official no~ tbat the lIIO(tgage on your ho_ is in default, aud tbe lender intends 10 foreclose. Speciticinformation about the nature'oftbe default is ptovided in the J;' pages, ' . . IMPORTANT INFO~110N CONCERNIN .Y~UR'lUGBTS IS CONT~ O~ PAGE FOUR . TlIa 1IorIleoWllen' Emetgmcy MortgJige Assisunce (liBMAP) may be oble to help 10 save yaw- 00_, tb1a 'noli<:e explains bow the pl'O,!!I'IIIl worla, ~ -To AM ifHm.lAP call heln VIll'I:. YDU mud ME8T WI'qf A.. CONS1JMBR t"'DPnIT lYJUNSRI INn AGENCY Wl'l'JiIN 3n.DA YS' QIl TIm nA.'rH . ,PPmIS NOTI~ Tllkethis.Nt.ttice-wUh vOY.whtm ~ ~ wilh.rhelYYmu'HnD'RtrenC'V. '. . __ ...__' --.. ......- . . ,. ~ 1..-. ""h)~.. b..... U-"I':IH1.ul..", IIrCun!l.umerl..:teali.~lin~ ....~~OA~' VOUTClJUOtv are HJ'rerI a1th.a&ndnfthis'NtJI:i~. Ifvou have 4I\.v auestitmA yon ~ ean the PennAV1vBnia. Hoysinll Fin!lllnl'P. AD6I~ roll free At .1-Rno..~2....2.397 (nersons with_li1Dft~~ IWll!Irin, can ~ 717.780-11l69\, '.' .., . . This Noliee contains im,poJ1iitt lesill ilIforrnatilllL r! yo\! have my q~liOos, n:pmeIlWi".. at the CODSl1lIleZCzedif CoIllllellnS AgMcy may be able 10 help explain it, You may alBa want to __ Lll ioftmneY in ",or .-.'The Ioc.l b.. assoc:iarion ""'y be ohio 10 help yon filld a lawyer, La Notifh:aion en adjunlO ea.& _lmpc\ftLlI.<io, Puc.i lll*:ra Sl1 cIelecbo II ...-lM"I' vivi."do ell .11 """'" Si IlO CODlplm1<le.c1 conteoido de esto. IlOti1icion oblenga una tnu:lnc:don imInodl.ra"",_ 11aJnaDdO em agwcla (PcmuyI~ Housing PlDance A&mcY) sin car3O'. III nllDWO DlllIlclonado miba, Puodes set clegiblo para un preswno pot eI prosnma Ilamado ''HomeoWllers' Emer&CllCy MOltJll8$ Assi<bUlCe Program" &l .. cuaI puede Sl\I'Iar au ""'" de Ia perdi(Ia del dolec:ho II ~ 9U hipoteca, HOMEOWNER'S PROPERTY Kalbie Orucz Z60S Market Street Camp Hill.,PA1.7011 249214952 ' Cenw. Home Equity.Company LOAN ACCOUNT CURRENT You be" for VI '. c from .. 0 e oamien.. if you cOmply with the,pro'Yision of rho ome<>ms' EuieJ:genciy..M~g'age AssislanCe Ai;t of 198~'(the "A/::t"), .. You may !>e~ble for emcrgeDcy.~pgell"isIam>o: "'. ' '." If yoUr defiult bas ~ eaused by c:ircwn;ta:oces ~ymid your cOntrol, you have a te-ble prospect of being able to pay your mortpge payments and if you meet other eligibllirn requirements established by the Pennsylvania. Housing F'mance Atency, LOO/~OO IfJ xv; 8Z:S0 ,OOZ/SO/90 lhMPORAR Y STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of the foreclosure on your n\ortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer counseling agencies listed at the end of this Notice, This meetin,. must occur within the next thirty (30) davs. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRlNG YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The nanles. addresses and teleohone numbers of desi(mated consumer counseling agencies for the county in which your prooerlY is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. You should advise this lender inunediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific infonnation about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for [manciaI assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a completed application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-tn-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergeucy mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act The Pennsylvania Housing finance Agency has sixty (60) days to make a decision after it receives you application, During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FlLING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date): NATURE OF THE DEFAULT The p-Hitl;. PK17U1 ns-EERlOUS'L Y IN DEF AUL T because: <m)'<lur-properryiotareaat 2605 YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments from 07/0112004: (b) Late charge(s): (c) Other chargers): NSF & Advances (d) Less: Credit Balance (e) Total amount required as of 09/21/2004: $4,009.50 $1,230.04 $11,789.86 $.00 $17,029.40 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable): HOW TO CURE THE DEFAULT- You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS $17,029.40, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable to Centex Home Equity Company at 350 HIGHLAND DR., LEWISVILLE, TX 75067. Page~ 24921495Z IF' YOV DO NOT CURJ;; TIm DEFAULT - If ~011 do 1lOt cure !be default within THlRTY (30) days of this letter date, the lender imP.ftds 10 "..e..,;.... ilB right to 10"1....... the ""trtPll!!e dtob.l, This means that the entire 01llS1Bnding bll1&nee of 1his debt will be COllSi!:Iered 4ue .;m"""'i..ely, w,yo,! ,Olay lase Ithe. J:hauce to pay.cth.e mllrtgllge in- DIOntbl.y installments. Ii fuU pll)'lhellt of. the amount of cWauIt is not made withln TlnllTY (pO) days of the letter date, Cenw. Home Equity Company also intends to instroet . 1h8i"'lltlor:neys to start,a. Ie.llal.aclion, to fo"",lo"" ~llOn vour. _nl7ed Dftlt!"'1Y', IF THE'MORTGAGE IS.l'lOlmn ()~1':11l.UPON\' 'Ih; mortpted,pt(,~1,wiR,be,sold'QY the Sbcldffto.pay oft the. DIOI'lgllge,debt. Jf the 1euder refcr$ your case to its altomcys, bbt you cure the deIlnquency before they begin Iegtil'proc:eedings againBt you, you will ha"" to pay the fell$ollllble attorney's fees nctuallt incurred up.to $50,00_ .,Ho~v""" jJ Iegiil Pf'O""""";'Ill" are slaEted aseinst. >'00, y011 wiJ). hl\ye 1O,p.a.y,the re;IIlOllabllO' attorney,'s fees ~y .itl!:uned'eVell,ih~y lU'e.o.vet' $50.00,. Any,attomey's fees. wi111>e nr\de(\1O the amotult you owe the lender, which may also iItc1ude !heir reasonable com, If you cure the def8UIt within the nnRTY (30) DAY perind YOU will not be _uired IV oav altnrn".ys' ~ , OTHER. LENDER RPMRn~C<: . The lender may also sue you personally for the unpaid principal baIance, lllld.all other 81lffiS due unde,- the Mortgage, RIGHT TO CURE THE DEFAULT PRIOR TO ~HERlFF' S SALE . If you have l10t CUIed the default within !be THIRTY (30) day period and foreclosure pIlXoMl"8l' have begun, yPu slill have the right to cure the default and pleVent the sale at any u- up to one hour befOOl the Sheriff's Sale. You may do so by paying the toW llUlOUllt tbco. past due pIllS any late chArg..., cbarge6 then due, reasonable nttomeys' fees and costs coIllleCted -.lith 1M foreclosute we IIlld any Olhec costs COlIIIected with the Sheriff's Sale as specified in writing by the lender and by perlormi'r.a nny other rcquinmlents WIder the lIIOtt&88e. Curing your default in. the mannex set lord! in this Notice will reswre your mortgage ~ the same position as if yon had never defaulted. BART TR<IT ~B SHERIFF'S SALE. D~ - It is estimated thlll the earliest date that such sbc1iffs sale could be held is would be apprn~;Il''ltpIy five (S) monlhs from tm: Fte of this Notice. A l10tice of the actual date of the Sheriff's Sale will be sent to you before the sale, Of COlUSe, the amount need</d to care the default will increase the longer yon wait. Yon may fiud out at any time exactly what the requUed payment ot action will be by contacting the leuder, , Name of Lender; Address: Telephone Number: BOW TO CONTAcr THE LENDER Cenw. Home Equity Company , 350 Higbljllld Dr., Lowisville, 'IX 15067 1-&88-850-9398 RPPPrr np ClUEllIl'P'8 8.\LE Y"u .l..,,,ld n-~ji7A' Ibal a sbe.ifi's..m. wollfd eiiltyOuri:>wnmhip of the mortgaged property and your right 10 occupy it If you continue 10 live m t/1e property afle< the sheriff's sale, a lawsuit to remove you and your fumitore and other beI<>ngings could be starUld by the lender at any time. ASSUMPTION OF MORTGAGE - You may not leU or lrIIllsfer your home to a buyer or trllll&feme who wiII II$SUJlle the mortgage debt, provided that all !be outstanding paymenI8. ~s and attotneys' fees and costs are paid prior to or at the sale lUId tbat!be odler requirements of the mortgage _ satisfied. ! YOU MAY ALSOIlAVETHElUGBT . To sell the property to oblJ1ln money to l\'ly off the mortgage debt, or horro'Ntlr money from another lending institution to pay offthia debt, I . To have rbis default cured by any third ~ acting on yom behalf, · To have the mortgage reWred to the .."... position as if no default had occuued, (However, you are not wtitle<1 to this right 1llOIC Iban three times in a calendar y~ar), . . To asscu the nonexistence of a default iQ any foreclOsure proceeding or any other lawsuit instituted W1dec the martjJllge documents, · To assert any other defense you believe Y(1o may have 10 such action by the lender, . To seek pWteclion under the federal bllllkzpptcy law. I.Qo/~OO ~ X~, 8<:80 ,00</80/,0 rage tour 249214952 , cimtex Home Equity Company is attempting to collect a debt, and any information obtained will be used for that purpose, . ' Federal law gives you thirty days after you receive this letter to dispute the validity of this debt or any part of it. Unless you dispute the debt within that 30 day period, we will assume that it is valid, If you notify us in writing at the address above within the tbirty day period that the debt, or any portion thereof, is disputed, we will: a) Provide to you verification of the debt or a copy of any judgment entered against you, b) Provide to you the name and address of your original creditor, if the original creditor is different from the current creditor. Sincerely, Centex Home Equity Company Centex Home Equity Company, LLC 350 Highland Dr., Lewisville, TX 750671-888-850-9398 , . Appendix B Consumer Credit Counseling Agency Notification To: Date: Name of Mortgagee: Address: In accordance with the Pennsylvania Homeowner's Emergency Mortgage Assistance Program (Act 91 of 1983), we have been approached for mortgage counseling assistance by: Name of Applicant Address Telephone Number Mortgage Loan Number Address of property on which mortgage is in default, If different from above. n~ltp __"_._" ---WiIoirnve ~liey are more than slxty"(OU)Oays delinquent on their mortgage payments and have received notification to foreclose from: The counseling agency met with the above named applicant on Name and Address of Mortgage In accordance with the Homeowner's Emergency Mortgage Assistance Program, this is to inform you that: 1" 1f the delinquency cannot be resolved with in the 30 day forbearance period as provided by the Servicer, the applicant listed above may apply to the Pennsylvania Housing Finance Agency for Homeowner's Emergency Mortgage Assistance. 2. By a copy of this Notice, we are notifying all other mortgagees, if any, which the applicant has indicated as also having a mortgage on the property identified above. 3. It is our understanding that the 30 day forbearance period in which we are now in ends on ___. 4. No legal action to enforce the mortgage many occur during this forbearance period, unless procedural time limits were not met by the homeowner. , . Indicates Counties Serviced APM 2147 North Sixlh Street Philadeiphia, PA 19122 (2\5) 235-6788 'Chester, Deiaware, Philadelphia cces 01 Delaware Valley Catholic Social SelVices Building 7340 Jackson Skeet Philadelphia, PA 19136 (215)563-5665 . Bucks, Philadelphia Carroll Park Community Council, Inc. 5218 Master Skeet Philadelphia, PA 19131 .Chester. Delaware, Philadelphia Comm. Devel. Colp of FranklO!d Group Ministry ~20 Griscom Stree1 Philadelphia, PA 19124 (215) 744-2990 , Philadelphia CCCS of Delaware Valley One Cherry Hill Sune 215 Cherry Hill, PA 0B002 (215l~.3065 'Philadelphia OiversifH!d Comm""iIy SeMceS Dixon House 1920 Sollth 20th Street Philadelphia, PA 19145 215-336'3511 , 8ucks, Chester, Delaware, Philadelphia Urban League Of PittsbUl\jh 8k1g. For Equal Opporlwti1y One Smithfield 51. Pittsburgh, PA 15222 (4121 227-4802 'AUegheny eees of Wes1ern PA, Inc. Colonial ShOpping Cemer 970 S. George St Yorl<, PA 17403 886-511-2227 . Franklin, Fulton, lancaster, York Adams County Housing Aulhorily 139-143 Carliale Sl Gettysburg, PA 17325 (717) 334-1518 . Adams, Cumberland, Franklin, York Housing CourI::~ of YOl\< 35 South Duke Street Y",k, PA 17401 (717) B54-1541'Yorl< Acorn Housing of Pittsburgh 5907 Penn Avenue Suite 300 Pittsburgh, PA 15206 412-441-7240 'Alleghery American Red Cross 01 Chester 1729 E~gemont Avenue Chester, PA 19013 161Ql874 14&4 .. Chester, Delaware cees 01 Western PA, Inc. River Park Commons 2403 Sidney Skeel, Suite 400 Pittsburgh, PA 15203 888 511 Wr----. 'Allegheny cces 01 Western Pennsylvania 312 Chestnllt Street Sune 227 MeadvllIe, PA 16335 888,511-2227 "Lawrence cees of Delaware Valley 2BO Nexth Providence Road Media, PA 19063 (215) 563-5665 "Delaware Bucks County Housing Group 515 West End Boulevard Ouakertown, fA 18951 866-866-0280 .. Bucks PHFA 211 NOl1h Fronl Street HaflisbUl\j, PA 17110 800-342,2397 . Cumberland, Dauphin L;L;L;:::i 01 Uelaware valley Calholic Social Services Building 607 West Streel Road Warminisler, FA 18974 (215) 563-5665 . BUCkS trucKS \,;ounty HOUSing l:2roup, IOC 2~4SeoondStreetP~eS~e17 Wlightstown, PA 18940 866-866-0280 . Bucks American Credit Counseling Institute 937 North Hanover Slreet PottsIown, PA 19460 688,212-6741 'Berks County The Trehab Center of Northeastern PA 115 SR 925 Tunkhannock, PA 18657 1570) 838-6840 . Wyoming Lycorn-Glntn Co Comrn 10 Comm Action 2138 Uncaln Street PO Sox 3568 Winiamsport, P A 17703 (570) 326-0587 . Centre, Clinton, lycoming, Union Center for Fami~ Services, inc. 213 Center Slreel Meadville, PA 16335 (814) 337-8450 . Crawford, Venango American Red Cross".Hanover Chapter 529 Certiale Streel Hanover, PA 17331 (717} 637-3768 . Adams, Franklin, YOl\< -~~- Armstrong Co Community Acfion Agency 124 Armsdale Road Suite 211 Kitlanning, PA 162Ql (724) 548-3405 . Annstrong cees of Westem PA, Inc. 971 ThirO Slreet Beaver, PA 15009 888.5\1-2227 . Beaver Hou~ng Opporlunnies of Beaver County 650 Corporation St. Sune 207 Beaver, PA 15009 (724) 728-7511 ~ Beaver, Lawrence CCCS 01 Ol:!lalAl;mll V~lby _ __ - -----::~~-=- '" 790 E. MarkSl St. Sun. 170 Marshan 8ldg West Chester, PA 19382 (215) 563-5665 . Chester, Delaware The Trehab Cemer 01 Northeastern PA 232 Sunrise Avenue Suite A 1 HonesdaJe, PA 1843t 1570) 253-8941 , Wayne BlJCks County Housing Group 200 Wesl8ridge Slree( Morris~lle, PA 19067 866-866,0260 "t1l1CkS American Credit Counseling Institute 21 South Church Street WestChester, PA 19380 1-888-212-6741 . Chesler Housing Assoc. of Oelware Valley 1500 Walnut Slreet Sune 601 Philadelphia, PA 19102 (215) 545-6010 . Philadelphia Media Fellowship House 302 S. JacJcson Slreet Media, PA 19063 (610) 565-0046 . Chester, Delaware, Mootgome'Y, Philadelphia Northwest Counsel!ng Service 5001 North Broad Street Philadelphia, PA 19141 (215) 324-7500 . 8ucks, Chester, Delaware, Montgome'Y, Philade~hia Philadelphia Council for Commun. Action 100 North 17th Street Suite SOO Philadelphia, PA 19103 (215) 567-7803 ~Chester, Detaware, Montgomery, Philadelphia American Financial CounseUng Services 1 Abingfon Plaza, Suile 403 Old Yor!< Road and Township Line Jenkintown, PA 19046 800-490-3039 * Delaware, Montgomer American Financial Counseling SelVices, Inc. 175 Strafford Avenue, Suite One Wayne, PA 19087 800-490-3039 . 8ucks, Chester, Delaware, Mootgomety, Philadelphia GCCS oj Ob/Q'I'Ialtf Vlillt:y--- 1 m Sent'Y Parl<way West Slue Be", PA 19422 (215) 563-5665 . Montgomery GCCS of ~aware Va/fey 1515 Mar1<etSlreet Suite 1325 Philadelphia, PA 19107 (215) 563-5665 , 8ucks, Oelaware, Montgome'Y, Philadelphia Chester Community Improvement Project 412 Avenue Of the States PO Box 541 Chester, PA 19016 . Chester, Delaware, Monlgome'Y, Philadelphia Community Action Agency of Delaware County 2nd and Ofllnge Streets Media, PA 19063 610-ll91-5101 . Chester, Delaware, Montgomery . Indicates Counties Serviced Urban League of Philadelphia T enn Penn CIr ,1801 Mar1<et SI SUne 250 Philadelphia, PA 19103 (215)561,6070 . Bucks, Chester, Delaware, Philadelphia Booker T. Washington Center 1720 Ho"and Sfreet Erie, PA 16503 1814)453-5744 . Crawford, Erie, Warren Greater Erie Commun. Action Committee 18 West 9TH Slreet Erie, PA 16501 (814) 459-4581 * Crawford, Erie, Warren, Venango St. Martin Center 1701 Parade Street Erie, PA 16503 (814) 452..113 . Crawford, Erie, Warren, Venango Warren-Forest Counties Economic Opportunity Council 1209 Pennsylvania Ave, West P,O, 80x 547 Warren, PA 16365 (814) 726.2400 * Forest, Warren CCCS of Lehigh Velley 3671 Crescent Court East Whttehall, PA 18052 (610) 821.4011 OR 1-801}22().2733 *Berks, Bucks, carbon, Lancaster, Lehigh _hamplOO, Sehuytkill Budget Counseling Center 247 North Fifth Street Reading, PA 19601 (610)375-7866 * Berks, Chester, SchUylkill Comm. on Eoon Opportunity of Luzeme 163 Amber Lane Wilkes-Sarre, P A 18702 (570)826-0510 OR 1-800-822-0359 . Carbon, Luzeme, SchuylMII, Wyoming Schuylkin Community Action 225 N. Centre Street Pottsville, PA 17901 (570) 622,1995 . Berks, Carbon, L800non, Lehigh, lUleme , Northhamptoo, Schu~kill eees 01 Western PA 2000 Ungleslown Road Harrisburg, PA 17102 888,511-2227 . Adams, Cumberland, Dauphin, Franklin . Peny, Snyder, York Community Action Commission of Capnal Regioo 1514 Deny Sfreet Harrisburg, PA 17104 . Snyder CCCS of Western P A 219-A College Park Plaza Johnstown, PA 15904 886,511-2227 . Cambria, Clearfield, Indiana, Somerset cces of Western PA, Inc. 1 North Gate Square #2 Garden Cemer Dr Greensburg, PA 15601 888-511,2227 somerset, westmoreland, washington . Fayette, Greene, Indiana Center for Community Services 10241 Lincoln Highway Everett, PA 15537 (814)623-9129 somerse~ blair, bedford, cambria . Fulton, Huntingdon Housing Opportunities Services, Inc. 332 5th Avenue Executive BuHcling, Suite 214 McKeesport, P A 15132 412-678-9003 . Allegheny, Washington, Westmoreland Huntingdon Co Housing SVcs. Weatherization Inc. 917 Miffl~ Slreet Huntingdon, P A 16652 -- (Sl(1) 51:) 2J<I:T-----===~ , peny loveship, Inc. 2320 North 5\11 Slreet Harrisburg, PA 17110 (717) 232-2207 . Cumberland, Dauphin, Perry Maranatha 43 Philacle~hia Avenue Waynesboro, PA 17266 (717)762-3285 . Adams, Cumberland, Franklin, Fulton, Perry Fayette Co. Community Ac1ior1 Agency lnc 137 North Beeson Avenue Uniontown, PA 15401 (724) 437-6050 OR l,8OQ-427.iNFQ . Fayette, Somerset The Trehab Center of Northeastern PA 144 E. East Avenue Wellsboro, PA 16901 (570)724,5252 . Susequehanna Keystaoe Eoonomic 0eveI0p, Corp 1954 Mal"i Grace Lane JolInstown, PA 15901 (814) 535.6556 ~ Bed1ord, Blair, Cambria, Oearfield.lndiana, Somerset, Westmoreland Tableland Services Inc. 535 Easl Main Slreet Somerset, PA 15501 (814) 445.9628 .1.800-452-0148 ~ Armstrong, Cambria, Fayette, Somerset, Westmoreland The T rehab Cenler of Northeastem PA German Street PO 80, 389 DushoIe. PA lB614 (570) 928,9667 . Sullivan Action Housing, Inc 425 6th Avenue sune 950 PittSburgh, PA 15219 (800)792'2801 or (412) 391.1956 or (4121281,2102 . Allegheny, Beaver, 8utier, Fayette, GIOeI\El, Washington, Westmoreland CCCS of Westem PA, Inc. 90 East Chestnut Slreel Washington, PA 15301 8B8.511.2227 . Washington Community Action Southwest 58 East Greene Street Waynesbu"l, PA 15370 (7241852.2893 . Atleqheny, Fayette, Greene, Washinglon, Westmoreland Tabor Community Sel'Iices, Inc. 4:lQF~~~~~ -LaiiCaster, PA 1T608 (717) 397,5182 OR HlOO.788.5062 . COOs1er. Lancaster, Lebanon American Financial Counseling SelVices 906 Penn Avenue Wyomissing, PA 19610 610-378.5140 'Ber'Ks cees of Westem PA, Inc, 199 Edison Street Ufi,onlown, PA 15401 888,511.2227 'Fayette County Bucks County Housing Group 349 Durham Road Penndef, PA 19047 888-860-0280 '8ucks County American Credit Counseling Instnute 300 North Pottstown Pike Suite 210 Exton, PA 19341 888,212-0741 '8erks.Bucks,Montgomery . Indicates Counties Serviced Indiana Co. COmmunity Action Program 827 Weier Slreel80, 187 Indiana, PA 15701 (724) 465.2657 . Armstrong, Cambria, Clearlield, Indiana, Jefferson . Westmoreland New lne Commun Housing De'lel Corp 712 Hawlcios Avenue 8raddock, PA 15104 412.351-4077 . Allegheny, Washington, Westmoreland -- - Community Action Southwest 150 West Beau Street Suite 304 Washington, PA 15301 (724) 225.9550 ~ Washington Housing Opportun~ies loc. 133 Seventh Street PO 80' 9 McKeesport, PA 15134 (412) 664-1906 . Allegheny, Beaver, Butler, WaShington, Westmoreland Pennsylvania Housing Finance Agency 2275 Swallow Hill road 8/dg 200 Pittsburgh, PA 15220 (412) 429.2842 . Allegheny CCCS of Western PA 4402 Peach Street Erie, PA 16509 1-888.51t,2227ext 100 'ErieCounty American Financial Counseling Svcs, Inc. ~~If"F€l,:.ef\ue;-~._==== Wayne, PA 19087 800-490-3039 'Delawa'" County CCCS ot Westen PA 217 E. Plank Road Attoona, PA 16602 8B8.511 ,2227 .. Cameron The Trehab Center ~ Northeastern PA Tho Enterplise Center 703 S. Elmer Avenue Sayre, P A 1l184O (570) 888,0412 . tJraol0r'J Bucks County Housing Group 470 Old Dublin Pike Doylestown, PA 18901 866-866-ll280 The Tlehab Center 01 Northeastern PA 144 E. East Avenue We/Jsboro, PA 16901 (570) 724.5252 'Tioga County JFK Center, Inc. 2021 East 201h Street Ene, PA 16510 (814) 898.0400 . Crawford, Elk, Erie, Jefferson, McKean, Venango Northern Tier Community Action Corp. P.O. 80x 389135 West 4th SI. Emponum, PA 15834 (814) 486.1161 " Cameron, Elk, McKean, Potter CCCS of Westem PA 1138 N. Main Sl Extension Butler, P A 16001 888.511.2227 . Butler, Clarion, Jefferson, Mercer, Venango Shenango Valley Urban League, Inc. 601 Indiana Avenue Farrell, PA 16121 (724) 9815310 . Crawford, Lawrence, Mercer CCCS of NOOheastern PA 202 W, Hamifton Ave, State College, PA 18801 (814) 238.3668 . Blair, Centre, Clearfield, Clinton, Huntingdon, Juniata, Mifflin cees of Western PA,lnc. 217 E. Plank Road AItoona, P A 16602 888.511.2227 , Armstrong, Bedford, 8lair, Cambria, Cenhe, Clearfield, Huntingdon "Juniata, Mifflin, Union HIJ"I;"ijJh....,C.K..,I~lltJl...;,JQ-~_ Weatherization Inc. 917 Mifflin Sheet Huntingdon, PA 16652 (814) 643.2343 , Bedford, Slaw, Fulton, Hunlingdon, Juniata, Mifflin CCCS of NOOheastem PA 1<100 Abington Execu1ive Pari< Su~e1 ClarksSummiff,PA 18411 570-587.9163 . Bradford, Carbon, Columbia, Lackawanna, lycoming, Monroe, . Montour, Nof1humberland, Pike, Suflivan, Tioga, Union, Wayne, Wyoming CCCS of Northeastem PA Genetti Towers 77 E Markof Street 7fh Floor Wilkes-Barre, PA 18102 570.821-0837 " Bradford, Carbon, Columbia, Lackawanna, Luzerne, Lycoming, Monroe, . Montour, Pike, Susquehama, Sullivan, Tioga, Union, Wayne, Wyoming CCGS of Northeastem PA 411 Main Slreef Su~e102E Stroudsbwy, PA 18360 (570) 420-8980 or 800-922.9537 . Bradford, Carbon, Monroe. Pike, Wayne * Indicates Counties SelViced Community Action Development Camm. CAOCOM 113EMainSt Norristown, PA 19401 (610) 277.6363 . Montgomery Germantown Seffiement 218 W, Chelten Avenue Ph~adelphia, PA 19144 215-849.3104 "Bucks, CheSler, Delaware, Montgomery, Philadelphia HACE 167 W. Allegheny Ave. 2nd Floor Philadelphia, PA 19140 (215) 426.8025 " Bucks, Chester, Delaware, Philadelphia Housing Assoc, of Delware Valley 658 North Watts Street Philadelphia, PA 19123 (215) 978-0224 Philadelphia Commun~y Action Committee of the Lehigh Valley 1337 East Fiftf1 Streof 8ethlehem, PA 18015 610-691,5620 '_s, Carbon, Lehigh, Monroe, Northhampton Acorn Housing Corporation 846 Norti1 Broad Street Philadelphia, PA 19130 (215) 765.1221 "Bucks, Chester, Delaware, Montgomery, Philadelphia CCCS ot Northeastern PA l61 R..,,~, 31..ftll_~_~~ Willlamsport, PA 17701 (570) 323-8627 . Centre. Clinton, Lycorning, Northumberland, Union American Credit Counseling Institute 845 Coates SI. Coatesville, PA 19320 (888) 212-6741 'BIJCI<s, Chester, Montgomery, Philadelphia American Crec:lit Counseling Institute 530 West Street Rd Su~e 201 Warminster, PA 18974 . 8UCks, Montgomery, Philadelphia American Credit Counseling Insmute 528 Dekafb Street NOlTistown, PA 19401 (610) 971,2210 . Montgomery The Trehab Center of Northeastern PA 10 Public Ave Po Box 366 Montrose, PA 18801 (570) 278-3338 or 1,800-982-4045 . Susquehanna , . . I (')N~i!5!iiii ""'0>_ i3 S; g"'i!!i!i '0 :;:: " ~IIE! ~"1;= ~~~ii >~ - ......... a 1Sl=== -...l_r11 tIl- 0.... I!!!!!!!!!!!! .........! "'1iiiiii .......~ -- '01 (/)0)> , , :'....1 'I"n I:::' is-. .:,1 .'. ,', 'i<"' ,..1'. ....1 --,I 0000 ':Z:Z~z c::oO-lcn z-lcnmc ;:~~~:H r-"r-::C-ln '""<.z:TT1;:;; -lrnc::::cz o:::a:gZ-l ;g;;~=:~ ::C:;::J:I:;:II'::C :E -Z:;c >~cnOrn ~>~~~ em ~~ m '" ~ 0 e : : C ::-2 : 0 :: > : 3: :: m :::""0 \ c -< X m '" \' L, -.l ""' o .c lr1 .c o o ru ""' o o o JJ JJ JJ ru .c JJ If" " n (\l t.N!! ~ u, :::. r.;;. 0 ~ ~~:I: ';;:"'110 0 .'. ~ 3 .-J ~ " ><~r:l ~v~ ~:-' Z!. -, , _~t '" ." r)l ~,. ." ;r;;. o 50 "3 i; ~ v> ::r 3 ':!i ~ ~ ... 0 - ~ ~ ~. '" g " ;;;- ~ 0- r> g, g 000 O"W . ~-g, ;> ~ $ 00 . . "'; ~~ -9; '" . ~~ ~~ . ~ ~~ ~ "" ~~ ~ 1/1 . "" -< ~ li"l 9c _ * '" o ~ ~g % 3 .. ~ ,~ !" (') a '" ~. F ~ " ~ ---> <:> .- - N'1, c '" 5;g: ;::." ~Cl "g ~ ~. 'if " ~ . . · . Cl ~~ ~Ul~t;o ......,. 9. "~S.3% -~~ o'>>:;s-......,p,_ ~h =' g.~~ ~~ ~G\' g......~c;?J(tI -a~ (V~.~;~i -""\ ~g~~H ~ i"l''a (ll-ro-'" -- "'~i?l!\"'-r> '0 (Jl 0 C. 0..0'" . .. l~~Vl.~~ ~ -6i(i~~~ jjIIi ~~~~".'e ~9..~gi'~ Y'l ~o :;,~'8 '"~ '" ~3 3c.a.-o ~-' ~~ ~ ,", " p g \ 90 $ - , " , , , , . . . EXHIBIT F -- , , McCABE, WEISBERG & CONWAY, P.c. BY: MARC S. WEISBERG, ESQUIRE Identification Number 17616 123 Soutb Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Centex Home Equity Company, LLC 350 Highland Drive Lewisville, TX 75067 COURT OF COMMON PLEAS CUMBERLAND COUNTY v. Kathie Grucz 2605 Market Street Camp Hill, PA 17011 NO. 04-5746 AFFIDAVIT 1. I, Angelina Anderson, am the foreclosure specialist of Centex Home Equity Company, LLC, and am custodian ofthe account and records of the defendant, with personal knowledge thereof. I am the keeper of the records and they are husiness records kept in the ordinary course of business. 2. On March 18,2002, the defendant entered into an agreement with plaintiffwhich gave the defendant a mortgage loan. 3. On March 18,2002, as security forthis mortgage loan, defendant made, executed and delivered a mortgage on the premises described in Plaintiffs Complaint. A copy of said mortgage with legal description of the premises is attached to the summary judgment motion and marked as Exhibit "A". 4. The defendant is in defaultofthe mortgage in that payments of principal, interest, attorney fee's and costs upon said mortgage due July 1,2004, and for each and every month thereafter, have not been paid and are due and owing. The payment history is attached hereto as part of this affidavit. The Note evidencing the interest rate charged to defendant is attached hereto as well. The records are accurate and kept in the normal course of business. , , 5. The mortgage has an acceleration clause which permits plaintiff to foreclose on the mortgage by judicial proceedings and sell the property at Sheriffs Sale. 6. On or about September 22, 2004, Notice of Intent to Foreclose was sent to defendant as required by law. The documents attached to this Motion as Exhibit "E" are true and correct copies of the mailings sent via certified and regular mail. The Notice was unclaimed by defendant. 7. Because the defendant is in default, the plaintiff now requests this Honorable Court to grant summary judgment and enter judgment against defendant. The amounts found at paragraph six (6) of the Complaint are correct and are as follows: Principal balance $ 121,040.55 Interest 6/1/2004 through 10/29/2004 $ 6,53 1.22 (Plus $45.60 per diem thereafter) Attorney's Fees $ 6,052.03 Late Charges $ 1,358.34 Corporate Advances $ 11,774.86 Cost of suit $ 225.00 Appraisal Fee $ 125.00 Title Search $ 200.00 GRAND TOTAL $ 147,307.00 I, Angelina Anderson, being duly sworn according to law, hereby depose and say that I am authorized to take this Affidavit and that the facts set forth herein are true and correct to the best of my knowledge, information and belief. --- W~k~:O~ SOOG/8~/~O . YERIFICA nON The undersigned, Angelina Anderson, hereby certifies that she is the foreclosure Specialist of the plaintiff in the within action, that she is authorized to make this verification, and that the forgoing facts are true and correct to the best of her knowledge, information and belief, and further states that false st.~tements herein are made subject to the penalties of 18 PA.C.S.94904 relating to unsworn falsification to authorities. . AN U A ANDERSON Foreclosure Speciallst .2"'21..952 .' ADJUSTABLE RATE NOTE (LmOR 6 Mouth In""" IAs Publlsbed lD The Wall Street 1011l'11lll) - Rate C.ptl) ; . THIS NaTE CONTAINS PROVIBIONS ALLOWING FOR CJL\NGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NaTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND 11m MAXIMUM RATE I MUsr PAY. IWlCII 18, 2002 ID>~I PI'1"rSllURQII ICI~I PImlSYIoVAnA tSlIfe} 2605 KAIUCBT STUBT. CAKP HILL, PJOINSYLVAHU 17011 [Propel1yAIklreu:] 1. BORROWER'S PROMISE TO PAY In reIUnl for a 10m that I have recelved, [ proOlise 10 pay U.S. $ 121, .00 .00 (this amount ia called "principal"). plus interest. to the order of the Lender. The lender is CB:N'1'BX BOMB BQVI'fY COMPANY. LLC I undetstand that the Lender may trallsfcr this Note. The Lender or anyone who takes thia Note by uansfer and woo is entitled to receive payments under this Note is calIc:d tM "Note Holder." 2. INTEREST Interest wlU be ~ on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 11.750 %. The interest rate 1 will pay may change in accordanoe wlth Section 4 of this Note. The interest rate- required by this Section 2 and Section 4 of this Note is !:he rare I will pay both before and aftet any default described in Section 7(1l) of Ibi. Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and lnteTest by making payments every month. I will make my monthly payments on the let day of each month begbmiog on KAY 1 2002 . I will make lheae payment. every month until I bave paid all at the prilu:ipal and interest and any oth<r charges described below that [ may owe under this Note. My montbly payments will be applied to interest before principal. If, on APRIL 1. 20:n . I still owe amou:D1:S under this Note, I will pay those amounts in full on that date, w~ich ia called lbe "Malurity D.... . lwillmakemytoontblypaymmtBat P.O. BOX 19,UOO DALLAS, TX 7521'~9077 Ot at a different place if required by the Note Holder. (Il) Amount of My Inlllal Monthly Payments Each of my initial monthly payments will be in the amount of U.S. S may change. 1,22'.'4.7 This amount (C) Monthly Payment CblUlll" .. _ __ . _ ___ ~ ill my _J'pf,ymollnvilh.Ilec..c:hAoges ill the UlipaJd principal of my loan and in lbe in.._ rale lhall --lnust-Jmy:-1'he wOtt1iOfdet will determine my new interest rate and the changed amount of my monthly payment in actOrdance with Section 4 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Chan&e D.... The interest cue I will pay may change on the 1.t day of ocroBn ,2002 ,and on that day every 6TH month tbereaftc::r. Each date on which my intetest t11t cOuld change is called a -Change Date. . MUL TlSTATB ADJUSTABLE RATE NOTB-LlOOR 6 MONTH INDEX Modifie4...838~)/PNMA352Q{6I94} PI" CE83&.i (031098).01 I-ge 0 -., cl<(G , ,",41'1 , . TraDsfer of the Property or a BeaeflclallJllerest In BotTOWer, If all or any part of Ibe Property or any lntemn in it is sold or traDlferrcd (or If a beneficial interest in Borrower ilsold or traosfemd and Borrowtr is not a1lal\Jrll penon) without Lender', prior wri_ _to !.coder may, It ill opdon, reqolrc lnonedlate _t in full of all sums socured by this Security Instrument. However, this option shall not be cx.erci&ed by Lender if eltelci.. is prohibited by fedcra1law .. of the elate of Ibi, Security lnstromcnl. Lender aI&o IhalI not =iIc Ill!, option if: (a> Borrower causes to be submitted to Lender information required by lender to evaluate tbe intended II1lnofen:e .. if a new loan were being dIlllk to Ibe transferee; and (b) Lender lOUOD8biy _1hat U:nder', security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security lnstnunent 10 acceptable to !.coder. To the extent permitted by applic8ble law, Lender may charge a reasonable fee as a condition to Lender's COOBelll to the loon 1SOIlIlIPtion. !.coder aiJo may lOqIlirc the tranaferec to '180 an assumpdoo agn:cmcot tbat is acceptable to !.coder and tbat obIigateo Ibe ltIllSferee to keep a1llbe promi,.. and _ dIlllk in Ibe Note and in this Security Instroment. Borrower will continue to be obUgattd under the Note and this Security lnstnunent unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full. Lender sluII give Borrower notice of accelera1ion. The oolice shall provide a period of DOt less than 30 daYIl from the date the notice is delivered or mailed wiiliin which Borrower must pay aU sums secured by this Security Instrument. If Borrower fails to pay these J1lD1S prior to the expiration of this period, Lender may invoke any remedies pennitted by tbia: Security Instrumell.t without further notice or demand on Bonower. 12, APPLICABLE LAW Thi. Note shaJJ be governed by tbe laws of the State of PKAN'SYLVANl:A If a Jaw, wbicb applies to this I~ and SCIt maxinwm loan charges is finally interpreted so that the interest and other charges; collected Of to be collected in c:onnec:tion with this loan exceed the permitted limits, then: (A) any such inteRat or other charge shall be reduced. by the amount necessary to reduce the interest or other charge to the permitted limit; and (B) any sums already collected from me wbid1 exceed permitted limits will be refunded to me. The Note Holder may choose to man: this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a retuDd reduces principal, the reduction wiU be treated as a partial prepayment. but in no event will a prepayment charge be assessed if the Note Holder chooses to reduce my principal balance by applyjng such excess amounts. WITNESS THE HANn(S) AND SEAL(S) OF THE UNDERSIGNED. ~--~ (Seal) tmB GROOS -Borrower - - (Seal) .Borrower - - (Seal) -Bo....... SSK SSN: (Seal) -Bono_ SSN: SSN: (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) ...~- [Sign Original Only] MULTJSTATE ADJUSTABLE RATE NOTlHmOR 6 MONnI INDEX ModItkd-l38 <94(6) I fNMA 3520 (6194) I>..n , " CE838-4 (031098) ~~e 0 1""",' ,. >to." \ ! ~ f. iii 8 Current Loan Number (f-J-CONV): 0249114952 Borrower: GRUCZ, KATHIE 5ervicer: Centex Home Equity (CTX ) Related Referrals: Address: 2605 MARKET STREET Attorney file #: 0249214952 (FJ CAMP HILL, PA 17011 LenStar #: CTX004404B Investor #: Unknown File History Oetail... ... Page 1 of3 jmc (MCCABE) Sent: 1/21/20052;57;22 PM From: Angelina Anderson Read:. Read By: . Topic: payment history Message: payment history listed below. Act notices ~re retrieved from Moss Codilis website POSTED EFFECTVE DESCRIPTION 1/11/05 1/11/05 Late Charges 12/16/04 12/16/04 CORP AnV DISB 12/13/04 12/13/04 Late Charges 11(11/04 11/11/04 Late Charges 10/11/04 10/11/04 Late Charges 9113/04 9/13/04 Late Charges 8/31/04 a/31/04 CORP ADVANCE ADJUST 8/31/04 8/31/04 PAYMENT B/31/04 8/31/04 REV Insufficent 083104 8/31/04 8/31/04 PAYMENT 8/11/04 B/11/04 Late Charges 7/12/04 7/12/04 Late Charges 6/30/04 6/30/04 PAYMENT 6/30/04 6/30(04 CORP ADVANCE ADJUST 6/30/04 6/30/04 PAYMENT 6/11(04 6/11/04 Late Charges 6/01/04 5(31/04 PAYMENT 5/13(04 5/13/04 REV Insufficent 043004 5/13/04 5/13/04 REV Insufficent 043004 5/13/04 5/13/04 NSF Check Charges 5/11/04 5(11/04 Late Charges 4/30(04 4/30/04 QuickCHEC Pay Fee 4/30/04 4/30/04 PAYMENT 4/20/04 4/20/04 PAYMENT 4/12/04 4/12/04 Late Charges 4/12/04 4/12/04 REV Insufficent 033104 4/12/04 4/12/04 NSF Check Charges 4/12/04 4/12/04 REV Insufficent 033104 3/31/04 3/31/04 QuickCHEC Pay Fee 3/31/04 3/31/04 QuickCHEC Pay Fee 3/31(04 3/31/04 PAYMgNT 3/12/04 3/12/04 PAYMENT 3/11/04 3/11/04 Late Charges 3(11/04 3/11/04 REV Insufficent 022704 3/11/04 3/11/04 NSF Check Charges 3/11/04 3/11/04 REV rnsufficent 022704 2/27/04 2/27/04 QuickCHEC Pay Fee 2/27/04 2/27/04 QuickCHEC Pay Fee 2(27(04 2/27/04 PAYMENT 2/27/04 2/27/04 CORP ADV DISB 2/11/04 2/11/04 Late Charges 1/12/04 1/12/04 Late Charges 12/22/03 12/22/03 CORP ADV NOCASH ADJ 12/11/03 12/11/03 Late Charges 12/03/03 11/17/03 PAYMENT 12/03/03 11/17(03 NON CASH FEE ADJ NEXT DUE 7/01/04 7/01/04 7/01/04 7/01/04 7/01/04 7/01/04 7/01/04 7/01/04 6/01/04 7/0l/04 6/01/04 6/01/04 6/01/0' 5/01(04 5/01/04 4/01/04 4/01/04 3/01/04 4/01/04 4/01/04 4/01/04 4/01/0' 4/01/04 3/01/04 2/01/04 2/01/04 2/01/04 3/01/04 3/01/04 3/01/04 3/01/04 2/01/04 1/01/04 1/01/04 1/01/04 2/01/0' 2/01/04 2/01/04 2/01/04 1/01/04 1/01/04 1/01/04 12/01/03 12/01/03 12/01/03 11/01/03 TOTAL ANT 70.91 200.00- 70.91 70.91 66.83 66.83 13.40- 1,336.50 1,336.50- 1,336.50 66.B3 66.83 1,336.50 13.40- 1,323.10 66.83 1,323.10 1,323.10- 7.50- 20.00 66.83 7.50 1,323.10 1,323.10 66.16 1,323,10- 20,00 15,00- 15.00 5.00 1,323,10 1,323.10 66,16 1,323,10- 20.00 10.00- 10.00 10.00 1,323.10 1,350.50- 66.16 66,16 1,288,35- 66.16 961.95 67.36- https:! /www2.1enstanveb.comllogin/lenstar/FileHist/ShowHistory .asp?Select=CA&Sequen... 1/24/2005 - -'0- - , . . , , .,.... , , , " .' , , , . 8/27/02 8/27/02 REVERSAL (NSF) 7/01/02 1,290.94 8/27/02 8/27/02 REVERSAL (NSF) 8/01/02 15.00 8/15/02 8/15/02 QuickCHEC Pay Fee 8/01/02 15.00 8/15/02 8/15/02 PAYMENT 8/01/02 1,290.94 8/14/02 8/14/02 NEW INV 117/0000001 7/01/02 121.,725.95 8/14/02 8/14/02 OLD INV 910/0000001 7/01/02 121,725.95 5/31/02 5/31/02 QuickCHEC Pay Fee 7/01/02 15.00 5/31/02 5/31/02 PAYMENT 7/01/02 1,229.47 5/03/02 5/03/02 QuickCHEC Pay Fee 6/01/02 15.00 5/03/02 5/03/02 PAYMENT 6/01/02 1,229.47 3/28/02 3/28/02 NEW INV 910/0000001 5/01/02 121,800.00- 3/28/02 3/28/02 OLD INV 90010000001 5/01/02 121,800.00 3/22/02 3/22/02 PREPAID INTEREST 5/01/02 392.09 3/22/02 3/22/02 NEW LOAN NOc..ASH 5/01/02 121,800.00- (0.34375) (0) https://www2.lenstarweb.com/login/lenstariFileHist/ShowHistory,asp ?Select=CA&Sequen... 1/24/2005 , " ~ ~ . . McCABE, WEISBERG & CONWAY, P.c. BY: MARC S. WEISBERG, ESQUIRE Identification Number 17616 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Centex Home Equity Company, LLC 350 Highland Drive Lewisville, TX 75067 COURT OF COMMON PLEAS CUMBERLAND COUNTY v. Kathie Grucz 2605 Market Street Camp Hill, PA 17011 NO. 04-5746 CERTIFICATION OF SERVICE I, MARC S. WEISBERG, ESQUIRE, hereby certify that a true and correct copy of the within Plaintiffs Motion for Summary Judgment and attached documents were served on the 24'h day of May, 2005, by first-class mail, postage prepaid, upon the following: Kathie Grucz, Pro Se 2605 Market Street Camp Hill, PA 17011 DATE: '1 ~ , I r, , I) /~lJ \ , " /; \) . .'.", ./ ~c '." I . (~_'o\..-,-.C ~ MA~C S. WEISBERG, ESQUIRE Attofney for Plaintiff f ~- CENTEX HOME EQUITY COMPANY, LLC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. CIVIL ACTION - LAW NO. 04-5746 CIVIL KATHIE GRUCZ, Defendant IN RE: PLAINTIFF'S SECOND MOTION FOR SUMMARY JUDGMENT BEFORE OLER. J.* ORDER OF COURT AND NOW, this 12th day of August, 2005, upon consideration of Plaintiffs Second and Supplemented Motion for Summary Judgment, to which no answer was filed by Defendant,l and following the submission of the matter on briefs on July 6,2005, the motion for summary judgment in mortgage foreclosure is granted and judgment is entered in favor of Plaintiff and against Defendant in the amount of$147,307.00, together with interest at a rate of $45.60 per diem from October 29, 2004. BY THE COURT, *Guido, J., did not participate in the consideration or disposition of this case. ] See Pa. R.C.P. I035.3(d). v , \/IN''/i\"1~. S':; \' 1'~; ::~ir.l U,,~...-' '.;'.; ,c''''I'lv, I!',! tl,\ ' '."" 'l'~ h.) B ~ :2!c!d L I ~]flV SOOl 1U','I(Y.T':!n'~,d :JHJ. '0 AU'/_v' ~vl,,,,,,\..i,-, ..J ;J 3:J1:!:!O-{j3ll:l Marc S. Weisberg, Esquire McCabe, Weisberg & Conway, P.C. 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 F or the Plaintiff Matthew Eshelman 2109 Market Street Camp Hill, P A 170 II Local Counsel for Plaintiff Kathie Grucz, Pro Se 2605 Market Street Camp Hill, P A 170 II :r1m IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION FILE NO.: 04-5746 Civil Term Centex Home Equity Company, LLC v. AMOUNT DUE: $147,307.00 Kathie Grucz INTEREST:$9.805.05 from 10/29/04 - 12/7/05 at $24.21 Per Diem ATTY'S COMM.: COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but ifit does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 2605 Market Street. Camo HilI. P A 17011 (More fully described as attached) PRAECIPE FOR A TT ACHMENT EXECUTION Issue writ of attacIunent to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attacIunent against the above-named gamishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the gamishee( s) as a lis pendens against real estate ofthe defendant( s) described in the attached exhibit. DATE: ~/g1-5 /05 Signature: ~~--1 <-<--~. /h, ~_.. Print Name: TERRENCE J. McCABE, SQUIRE Address: 123 S. Broad Street. Suite 2080 Philadelphia. PA 19109 Attorney for: Plaintiff Telephone: (215) 7901010 Supreme Court ill No. 16496 f ( ~ -p ~ \I=- \t ~ - 10 6- t/( ~ - [, C> ~ ..c:.. -e- -r b{ VI ~ r-- ~~ e ~ Ft? 40... 1- w--- ~ ~ 0) ...0 lI( v.., , -. r-.f.t)-C/ c> vI) Q c> I \ \ \ r::J -J " ~ ~ ?- ~ -: o::.J ~ ~ ~ -- -. ::: ~ C) ~; (J (__ '_':_",7" 1-1 <.;..;.--\ o .<.. CO r; (,;') C'..) CO "~'~I . ------- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-5746 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CENTEX HOME EQUITY COMPANY, LLC, Plaintiff (s) From KATHIE GRUCZ (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the gamishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $147,307.00 L.L. $.50 Interest $9,805.05 FROM 10/29/04 -12/7/05 AT $24.21 PER DIEM Atty's Comm % Due Prothy $1.00 Atty Paid $112.10 Plaintiff Paid Date: AUGUST 30, 2005 Other Costs ~ (Seal) By: Deputy REQUESTING PARTY: Name TERRENCE J. MCCABE, EQUlRE Address: 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ill No. 16496 McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J. MCCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 215) 790-1010 Centex Home Equity Company, LLC COURT OF COMMON PLEAS v. Cumberland COUNTY Kathie Grucz Number 04-5746 Civil Tenn AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence 1. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following infonnation concerning the real property located at: 2605 Market Street, Camp Hill, PA 1701 I, a copy of the description of said property is attached hereto and marked as Exhibit "A." 1. Name and address of Owner or Reputed Owner: Name Address Kathie Grucz 2605 Market Street Camp Hill, PA 17011 2. Name and address of Defendant in the judgment: Name Address Kathie Grucz 2605 Market Street Camp Hill, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein Commonwealth of Pennsylvania Bureau Compliance Department 280946 Harrisburg, P A 17128 Pennsylvania State Employees Credit Union 1 Credit Union Place Harrisburg, PA 17011 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants 2605 Market Street, Camp Hill, PA 1701 I P.O. Box 320 Carlisle, P A 17013 Domestic Relations Cumberland County Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Internal Revenue Service Department of Public Welfare P.O. Box 2675 Harrisburg, PAl 7105 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, PAl 7128 Willow Oak Building P.O. Box 8486 Harrisburg, P A 17105-8486 Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, PA 19106 1 verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofI8 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. August 25, 2005 DATE "'-;::::"/1.-1 A'/Vl e-.<-- ~ . /J-r (" ~ L~ TERRENCE J. cCABE, ESQUIRE Attorney for Plaintiff (j ,...., 0 c.:..:> c: ~ -" ~t -,- ..... (,:-: :1.: -n GOO) rn f~ n-: c..) c;; 0 ) ,.- ., : ,~ ) ;TI ',....' .\ C:) :\J : C) ,.<. McCABE, WEISBERG AND CONWAY, P.e. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Centex Home Equity Company, LLC Cumberland County Court of Common Pleas vs. Kathie Grocz Number 04-5746 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Kathie Grocz 2605 Market Street Camp HiU, PA 17011 Your house (real estate) at 2605 Market Street, Camp Hill, P A 17011 (Tax Parcel #01-21- 0271-508) , is scheduled to be sold at Sheriff's Sale on December 7, 2005 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $147,307.00 obtained by Centex Home Equity Company, LLC against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Centex Home Equity Company, LLC, the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may caU Terrence J. McCabe, Esquire at (215) 790- 1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you wiU have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790- 1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as ifthe sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LA WYER REFERRAL SERVICE COUNTY COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (; (":", ~, <:..:::;;' ~::"l ~-J~ (J -n ~i~'~ ('.~~. C,^") c.:> o r,..". <:) o o=> LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situated in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a point on the south side of Market Street, eighty three and five tenths (83.5) feet west of the southwest comer of Market Street and Bowman Avenue; thence at right angles in a south only direction along lands now or formerly of Anna 1. Wolf two hundred (200) feet to a 15 foot public alley; thence at right angles in a westerly direction along the north side of said 15 foot alley forty-one (41) feet to a point; thence at right angles in a northerly direction two hundred (200) feet to. Market Street; thence at right angles in an easterly direction along the south side of Market Street forty-one (41) feet to the place of beginning. ,,",'_. BEING KNOWN AS 2605 Market Street, Camp Hill, PA 17011 Being the same premises which Michael D. Rentschler, Esq., Executrix of the Estate of Bette R. Gethig, by deed dated the 10/17/200 I, and recorded 11/8/2001 in the Office of the Recorder in and for Cumberland County in Deed Book 249, Page 648, granted and conveyed to Kathie Grucz, in fee. TAX MAP PARCEL NUMBER: 01-21-0271-508 Centex Home Equity Company, LLC VS Kathie Grucz In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-5746 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Terrence Mcc:al::E. Sheriff's Costs: Docketing Poundage Advertising Levy Mileage Surcharge Law Library Prothonotary Share of Bills 30.00 2.32 15.00 15.00 13.60 20.00 .50 1.00 20.89 $118.31 Sworn and Subscribed to Before Me 2005, A.D. S9J;1~s: . .;;",;?"'~~ J~-c:. ~ R. Thomas Kline, Sheriff , L~D t:-k51~D~ 66..u, 170 n ,( ., McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J. MCCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Centex Home Equity Company, LLC COURT OF COMMON PLEAS v. Cumberland COUNTY Kathie Grucz Number 04-5746 Civil Term AFFIDA VII PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 2605 Market Street, Camp Hill, P A 17011, a copy of the description of said property is attached hereto and marked as Exhibit "A." I. Name and address of Owner or Reputed Owner: Name Address Kathie Grucz 2605 Market Street Camp Hill, P A 17011 2. Name and address of Defendant in the judgment: Name Address Kathie Grucz 2605 Market Street Camp Hill, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein Commonwealth of Pennsylvania Bureau Compliance Department 280946 Harrisburg, PA 17128 Pennsylvania State Employees Credit Union I Credit Union Place Harrisburg, P A 170 II 4. Name and address of the last recorded holder of every mortgage ofrecord: Name Address Plaintiff herein. 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants 2605 Market Street, Camp Hill, P A 17011 P.O. Box 320 Carlisle, PA 17013 Domestic Relations Cumberland County Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau ofIndividuaI Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Internal Revenue Service Department of Public Welfare P.O. Box 2675 Harrisburg, PAl 71 05 1400 Spring Garden Street Philadelphia, PA 191.30 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, P A 17105-8486 Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, PA 19106 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofI8 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. August 25, 2005 DATE ~/l..-" A/V" e-.<--- ~ . /h c ~LL TERRENCE J. cCABE, ESQUIRE Attorney for Plaintiff -McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Centex Home Equity Company, LLC Cumberland County Court of Common Pleas vs. Kathie Grucz Number 04-5746 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Kathie Grucz 2605 Market Street Camp Hill, P A 17011 Your house (real estate) at 2605 Market Street, Camp Hill, P A l70ll (Tax Parcel #01-21- 0271-5(8) , is scheduled to be sold at Sheriffs Sale on December 7, 2005 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $147,307.00 obtained by Centex Home Equity Company, LLC against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: I. The sale will be canceled if you pay to Centex Home Equity Company, LLC, the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790- 1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. .you may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE I. Ifthe Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. I 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790- 1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner ofthe property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE COUNTY COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYL VANIA 17013 (717) 240-6200 OR CUMBERLAND BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 LEGAL DESCRIPTION . ALL THAT CERTAIN lot or piece of ground situated in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a point on the south side of Market Street, eighty three and five tenths (83.5) feet west of the southwest comer of Market Street and Bowman Avenue; thence at right angles in a south only direction along lands now or formerly of Anna I. Wolf two hundred (200) feet to a 15 foot public alley; thence at right angles in a westerly direction along the north side of said 15 foot alley forty-one (41) feet to a point; thence at right angles in a northerly direction two hundred (200) feet to Market Street; thence at right angles in an easterly direction along the south side of Market Street forty-one (4 I) feet to the place of beginning. V"-- BEING KNOWN AS 2605 Market Street, Camp Hill, PA 17011 Being the same premises which Michael D. Rentschler, Esq., Executrix of the Estate of Bette R. Gethig, by deed dated the 10/17/2001, and recorded 11/8/2001 in the Office of the Recorder in and for Cumberland County in Deed Book 249, Page 648, granted and conveyed to Kathie Grucz, in fee. TAX MAP PARCEL NUMBER: 01-21-0271-508 . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-5746 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CENTEX HOME EQUITY COMPANY, LLC, Plaintiff (s) From KATHIE GRUCZ (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the gamishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $147,307.00 L.L. $.50 Interest $9,805.05 FROM 10/29/04 -12/7/05 AT $24.21 PER DIEM Arty's Comm % Due Prothy $1.00 Arty Paid $112.10 Plaintiff Paid Date: AUGUST 30, 2005 Other Costs ,~~g, (Seal) By: Deputy REQUESTING PARTY: Name TERRENCE J. MCCABE, EQUlRE Address: 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 16496 L.'_ W !~ .::r c;;:: ci~ V.: , <l ,,- ! C.? _.-,- -,-~ --.. ~ L' C:::-~, c..:...\ !, ~, Real Estate Sale #29 On September 0 I, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Camp Hill Borough, Cumberland County, P A Known and numbered as 2605 Market Street, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. ., '. Date: Septembllr.Ul,2005.' . BYI')~rvut~ Real Esttte1 Sergeant e c::=jji) CV\l ~ GV V\N