HomeMy WebLinkAbout13-7428 Supreme Co ua� Uz y,,ennsylvania
cone ",, f C0 leas For Prothonotary Use Only:
CiYll " �OVQI' Sheet
Docket No: ,� 4C)
CUMBF2LAND County,
The information collected on this form is used solely for court administration purposes. This form does not
supplernent or replace the filing and service of pleadings or other papers as required by law or rules of court.
Commencement of Action:
Complaint Writ of Summons Petition
S Transfer from Another Jurisdiction Declaration of Taking
Lead Plaintiff's Name: Lead Defendant's Name:
C CITIMORTGAGE, INC. JOHN LEVENDA
T
Dollar Amount Requested: within arbitration limits
I Are money damages requested? Yes No (check one) ®x outside arbitration limits
Is this a Class Action Suit? Yes El No Is this an MDJAppeal? Yes No
: A Name of Plaintiff /Appellant's Attorney: POWERS, KIRN & JAVARDIAN, LLC
El <:;lrtcl� here if you hair no attorney (arc. a Self-Represented (I°�•€ Sel Litigant)
Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
El Intentional M Buyer Plaintiff Administrative Agencies
Q Malicious Prosecution Debt Collection: Credit Card Q Board of Assessment
® Motor Vehicle E3 Debt. Collection: Other l Board of Elections .
Nuisance Dept. of Transportation
Premises Liability El Statutory Appeal: Other
S V ®1 Product Liability (does not include
mass tort) Employment Dispute:_
E Discrimination
® Slander/Libel/ Defamation
C Other: Employment Dispute: Other Zoning Board
T i Other:
Other:
0 MASS TORT
rl Asbestos
N' Tobacco
E] Toxic Tort - DES
Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS
Toxic Waste 0 Ejectment E Common Law /Statutory Arbitration
0 Other: Eminent Domain /Condemnation Declaratory Judgment
B
Ground Rent Mandamus
Landlord/Tenant Dispute Non - Domestic Relations
F Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABLITY Q Mortgage Foreclosure: Commercial Quo Warranto
El Dental E] Partition El Replevin
El Legal E] Quiet Title Other:
E] Medical E3 Other:
Other Professional:
Updated 1/1/2011
' POWERS, KIRN & JAVARDIAN, LLC
Gregory Javardian, Esquire Id. No. 55669 C
Jill Manuel- Coughlin, Esquire Id. No. 63252 rfl r RO T ' WO T ;
Jolanta Pekalska, Esquire Id. No. 307968 �.� ^ A R
a X
Daniel C. Fanaselle, Esquire Id. No. 312292 �° , 1; 22
Richard J. Nalbandian, III, Esquire Id. No. 312653 CLI''kM R , No
Matthew J. McDonnell, Esquire Id. No. 313549 PFNWS , COUN
1310 Industrial Boulevard, Suite 202 Y � NIA
Southampton, PA 18966
(215) 942 -2090 ATTORNEYS FOR PLAINTIFF
CITIMORTGAGE, INC. COURT OF COMMON PLEAS
1000 TECHNOLOGY DRIVE
O'FALLON, MO 63368 CIVIL DIVISION
PLAINTIFF CUMBERLAND COUNTY
�v c
VS.
N O. I S' - ) 9 A 2
JOHN LEVENDA COMPLAINT IN
1803 WALNUT STREET MORTGAGE FORECLOSURE
CAMP HILL, PA 17011
DEFENDANT
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a
written appearance personally or by attorney and filing in writing with the court your defense or objections to
the claims set forth against you. You are warned that if you fail to do so the case may proceed without you
and a judgment may be entered against you by the Court without further notice for any money claimed in the
complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
717- 249 -3166
800- 990 -9108
c�� 1569
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IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE
ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.0 § 1692 et seq. (1977),
DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF.
IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS
PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH
WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE
VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS
PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND
ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT - REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY
PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS
DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS
TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN
EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT
FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE
RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE
NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD
THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO
CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT
UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN
ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT.
' POWERS, KIRN & JAVARDIAN, LLC
Gregory Javardian, Esquire Id. No. 55669
Jill Manuel- Coughlin, Esquire Id. No. 63252
Jolanta Pekalska, Esquire Id. No. 307968
Daniel C. Fanaselle, Esquire Id. No. 312292
Richard J. Nalbandian, III, Esquire Id. No. 312653
Matthew J. McDonnell, Esquire Id. No. 313549
1310 Industrial Boulevard, Suite 202
Southampton, PA 18966
(215) 942 -2090 ATTORNEYS FOR PLAINTIFF
CITIMORTGAGE, INC. COURT OF COMMON PLEAS
1000 TECHNOLOGY DRIVE
O'FALLON, MO 63368 CIVIL DIVISION
PLAINTIFF CUMBERLAND COUNTY
VS. NO.
JOHN LEVENDA COMPLAINT IN
1803 WALNUT STREET MORTGAGE FORECLOSURE
CAMP HILL, PA 17011
DEFENDANT
CIVIL ACTION MORTGAGE FORECLOSURE
1. CitiMortgage, Inc. (hereinafter referred to as "Plaintiff') is a Corporation with a principal
place of business in O'Fallon, Missouri.
2. John Levenda (hereinafter referred to as "Defendant ") is an adult individual residing at
the address indicated in the caption hereof.
3. Plaintiff brings this action to foreclose on the mortgage between Defendant and itself as
Mortgagee by Assignment. The Mortgage, dated October 28, 2005, was recorded on
November 4, 2005 in the Office of the Recorder of Deeds in Cumberland County in
Mortgage Book 1929, Page 4399, Instrument #200541746. Plaintiff is the Mortgagee by
Assignment by virtue of an Assignment of Mortgage recorded on September 16, 2013 in
the Office of Recorder of Deeds in Cumberland County in Instrument #201330591. A
copy of the Mortgage and Assignment of Mortgage is attached and made a part hereof as
Exhibits `A' and `B'.
4. The Mortgage secures the indebtedness of a Note executed by the Defendant on October
28, 2005 in the original principal amount of $235,000.00, which is payable to Plaintiff in
monthly installments with an interest rate of 5.8750 %. A copy of the Note is attached
and made a part hereof as Exhibit `C'.
' . 5. The land subject to the mortgage is 1803 Walnut Street, Camp Hill, PA 17011. A copy
of the Legal Description is attached as part of the Mortgage as Exhibit `A' and
incorporated herein.
6. The Defendant is the Record Owner of the mortgaged property located at 1803 Walnut
Street, Camp Hill, PA 17011.
7. The Mortgage is now in default due to the failure of Defendant to make payments as they
became due and owing. As a result of the default, the following amounts are due:
Principal Balance $207,608.05
Interest to 10/31/2013 $5,068.13
Accumulated Late Charges $278.00
Escrow Advance Balance $132.44
BPO Fee $150.00
Reconveyance $12.00
Release Fee $55.50
TOTAL $213,304.12
plus interest from 11/01/2013 at $33.4164 per day, costs of suit and attorney's fees.
8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment)
against the Defendants in the Action; however, Plaintiff reserves its right to bring a
separate Action to establish that right, if such right exists.
9. If Defendants have received a discharge of personal liability in a bankruptcy proceeding,
this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal
liability discharged in bankruptcy, but only to foreclose the mortgage and sell the
mortgaged premises pursuant to Pennsylvania Law.
10. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a
defaulting mortgagor with a Notice of Homeowners' Emergency Mortgage Assistance
( "Act 91 Notice ") 35 P.S. Section 1680.403c.
11. The Notice of Homeowners' Emergency Mortgage Assistance was required and Plaintiff
sent the uniform notice as promulgated by the Pennsylvania Housing Finance Agency to
the Defendant by regular and certified mail on September 5, 2013. A copy of the Notice
is attached and made a part hereof as Exhibit `D'.
WHEREFORE, Plaintiff requests the court enter an in rem judgment against the Defendant, in the sum of
$213;304.12, together with interest, costs, fees and charges collectible under the mortgage, including, but
not limited to attorney's fees and costs, and for the foreclosure and sale of the mortgaged property.
POWERS, KIRN & JAVARDIAN, LLC
k*9 A�
BY:
❑ Gregory Javardian, Esquire Id. No. 55669
❑ Jill Manuel - Coughlin, Esquire Id. No. 63252
❑ Jolanta Pekalska, Esquire Id. No. 307968
❑niel C. Fanaselle, Esquire Id. No. 312292
Richard J. Nalbandian, III, Esquire Id. No. 312653
❑ Matthew J. McDonnell, Esquire Id. No. 313549
Attorneys for Plaintiff
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'.LANDEX Document Data Page 1 of 1 3
Instrument #: 200541746 Book: 1929 s
Recorded .Date: NOV 4, 2005 Page: 4399
12:00:00 AM Total Pages: 17
Instrument Type: MORTGAGE Parcel Numbers: N/A
.. County: CUMBERLAND
Municipality: CAMP HILL BOROUGH
Recording Status: VERIFIED
Notes: j
MORTGAGOR MORTGAGEE
LEVENDAJOHN MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS INC
TAYLOR BEAN & WHITAKER MTG CORD
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NUN: 100029500009439098 }
DEFINITIONS
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Words used in multiple sections of this docutncat are defined below and other words are defined in Sections
3, 11, 13, 18, 20 and 21. Certain rides regarding the usage of words used in this document are also provided i
in Section 16.
(
(A) "Security Instrument" means this document, which is dated October 28, 2004 together with
all Riders to this document. I
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(B) "Borrower" is John Levenda
Borrower is the mortgagor under this Security Instrument I
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(C) '%MRS" is Mortgage Electronic Registration Systems, Inc, MERS is a separate corporation that is
acting solely as a nominee for Lender and Ltnder'a successors and assigns. MERS Is the mortgagee under
this Security Instrument MERS is organized and existing under the laws of Delaware, and has an address
and telephone number of P.O. Box 2026, Flint, ?948501-2026, tel. (888) 679 -MFRS.
(D) "Leader^ is Taylor, Bean & Whitaker Mortgage Corp.
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].,ender is a organized and existing under
the laws of FL Lenders address is
1417 North Magnolia Ave, Ocala, FL 34475
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(F) "Note" means the promissory note signed by Borrower and dated October 28, 2005 The Note
states that Borrower owes Lender Two Hundred Thirty Five Thousand and no/100 j
Dollars (U.S. S 235,000.00 )
plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in fill
not later than November 01, 2035
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(F) "Property" means the property that is described below under the heading " rrawfer of Rights in the 1
Property." I
(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
dire under the Note, and all sums due under ( Security Ins trument plus interest.
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".Alders" means all Riders to this Security Instrument that arc executed by Borrower. The following
Rident are to he executed by Borrower [check box as applicable]:
❑ Adjustable Rate Rider ❑ Condominium Rider ❑ Second Home Rider i
Balloon Rider 0 Planned Unit Development Rider ❑ Other(s) [specify] f
❑ 1.4 Family Rider ❑ Biweekly Payment Rider
(D "Applicable Law" means all controlling applicable federal, state and local statutes, reguladow.
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non-appealable judicial opinions.
(J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that are imposed on Harrower or the Property by a condominium association, homeowners
association or similar organization.
(K) "Electronic Funds Transfer" means any transfer of fimds, other than a transaction originated by
chock, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic
instrument, computer, of magnetic tape so as to order, inshirt, or authorize a financial (nstitutiou to debit or
credit an account. Such term includes, but is not limited to, point -of -sale transfers, automated teller machine 3
transactions, transfers initiated by relephouc, wire transfers, and automated clearinghouse transfers.
(L) "Escrow items" mearts those items that are described in Section 3.
(M) "Mtscellaneaus Proceed-," 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) i
damage to, ordestrretion of, the Property; (i) condemnation or other taking of all or any part of the Property; i
(iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or £
condition of the Property.
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(N) "Mortgage insurance" means insurance protecting Leader against the nonpayment of, or default on,
the Loan.
(0) "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.
F
(P) "RFSPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §260t 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 Inswment, "RESPA" refers to all requirements and restrictions that are imposed in regard to a
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"federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage lone" i
under RESPA.
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(Q) "Sucomor 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
. I
This Security ituWment secures to Lender. (i) the repayment of the Loan, and art renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this i
Security Instrument and the Notc, For this purpose, Borrower dues hereby mortgage, grant and convey to
MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns j
of MFRS the following described property located in the County j
rrype of RecordingArisdicOnal
of Cumberland
(Nanic of Recording JurWictmn) i
See Attached Exhibit A
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which currently has the address of 1803 Walnut Street i
[siren)
Camp Hill Pennsylvania 17011 ( "property Address"):
(City] ltiP c-&)
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TOGETHER WITH aU the improvements now or hereafter erected on the property, and all easements, '
appurtenances, and Fixtures now or hereafter a putt of the property. All replacements and additions shell also
be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the
"Property.' Borrower understands and agrees that MERS holds only legal tide to the interests granted by
Borrower in this Security Instrument, but, if necessary to comply with law or custom, HERS (as nominee for
Lender and L.endees successors and assigns) has the right: to esacise any or all of those interests, including, E
but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender j
including, but not limited to, releasing and canceling this Security Instrument f
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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 I
encumbrances of record. Borrower warrants and will defend generally the tide to the Property against all j
claims and demands, subject to any encumbrances of record.
E
TRIS SECURITY INSTRUMENT combines uniform covenants for notional use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering red !
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property. t
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of PrindpA 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 dote under the Note and this Security Instrument shall be made in U.S. i
currency. }however, if any check or other instrument received by Lender as payment under the Note or this
Security Instrument is rctttnrd to Lender unpaid, Lender may megrim that any or all subsequent payments i
due under the Note and this Security Instrument be made in one or more of the following forms, as selected C
by Leader. (a) cash; (b) money order•, (e) 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,
i asaumentality, or entity; or (d) Electronic Funds Transfer.
Payments am dented received by header 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 mum any payment or partial payment if the payment or partial payments am insufficient to [
bring the Loan current. Leader 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 fulure, but bender is not obligated to apply such payments at the time such paymmts are
accepted. If each Periodic Payment is applied as of its scheduled due date. then Lender need not pay interest
on unappliod 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 j
or return them to Bonowcc If not applied earlier, such funds will be applied to the outstanding principal i
balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now i
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 agreement secured by this Security Instrument.
2. Appikullon of Payments or Proceeds. Except as otherwise described in this Section 2, all
payments accepted and applied by Leader shall be applied in the following order of priority. (a) interest due
under die Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be i
applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be
applied fast 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 f
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the i
late charges If more then one Periodic Payment is outstanding, Lender may apply any payment mccivod from 3
Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in
full. To the extent that any excess exists after the payment is applied to the full payment of one or more
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Periodic Payments, such excess may be applied to any late charges doe. Voluntary prepayments shall be
applied first to any prepayment charges and then w described in the Note. j
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 fez Escrow Items. Borrower shall pay to Lender on the day Periodic Payments art: due
under the Note, until the Note is paid in full, a sum (the "FUnds'l to provide for payment of amounts due for.
(a) taxes and assessments mid other items which can attain priority over this Security Instrument as a lien or f I
encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums
for any and all insurance required by Larder under Section 5; and (d) Mortgage Insurance premiums, if any,
or any sum payable by Borrower to Lender In lieu of the payment of Mortgage Insurance premiums in i
accordance with the provisions of Section 10. These items are called "Escrow Lens." At origination or at any
time during the term of the Lou, Lender may require that Community Association Dues, Fees, and
Assessments, if any, be escrowed by Borrower, and such does, few and assessments shall be an Escrow Item.
Borrower shell promptly furnish to Leader 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 Fonds i
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 far which payment of j
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 mecipts shall for all purposes be doemed to be a covenant and agreement contained in this i
Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to
pay Escrow Itaru 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 mid
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable
Law.
The Floods shall be held in an institution whose. deposits are insured by a federal agency, 1 1
instrumentality, or entity (including Lender, if Lender is an institution whose deposits arc so insured) or in
any Federal Homy Lean Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time t
specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually
analyzing the esavw 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 Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as
required by RESPA.
If then is a surplus of Funds held in escrow, as defined ceder 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 !
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Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12
monthly payments. If there is a deficiency of Funds held in escrow, as defined tinder RESPA, Lender shall
notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount nceessary to makeup I
the deficiency in accordance with RESPA, but in no more than 12 monthly payments. I
Upon payment in full of all sums secured by this Security Insutm en% Lender shall promptly refund to i
Borrower any Funds held by Lender, j
4. Charges; Lima, Borrower shall pay all taxes, assessments, charges, fines, and Impositions
attributable to tic Property which can attain priority over this Security Instrument, leasehold payments or
ground runts on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To
the extent that these items arc 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 manna acceptable to
Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or
defends against enforoement of the lien in. legal proceedings which in Lender's opinion operate to prevent j
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 agreemew satisfactory to Lender subordinating the
lien to this Security Instrument. If Leader determines that any port of the Property is subject to a lien which I
can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lice. 1
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 faith above in Ibis Section 4.
Lender may require Borrower to pay a one -time charge for a real estate tax verification andlar 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 instuod against loss by fie, hazards included within the term "extended coverage," and any I
ad= 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 i
requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan.
The insurance causer providing the insurance shall be chosen by Borrower subject to Leader's right to
disapptwe Borrower's choice, which right shall not' be exercised mu=ionably. Leader 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 onatinte charge for flood zone determination and certification 1
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.
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 amamt of coverage.'lhaefore, such coverage shall cover Leader, 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 east of the insurance coverage so obtained might significantly exceed the cost of
insurance that Borrower could have obtained. Any amounts disbursed by Lander under this Section 5 shall
become additional debt of Borrower secured by this Security Insrnanent. These amounts shall bear interest in
the Note rate from the date of disbursemeut and shall be payable with such interest, upon notice from Lender
to Borrower requesting payment
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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 tight to hold the policies and renewal
certificates. If Lender requires. Borrower shall promptly give to Leader all receipts of paid premiums and
reaewal 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
mane Lender as mortgagee and/or as an additional loss pays.
In the event of loss, Boaowershall give prompt notice to the insurance carrier and Lender. Lender may
matte proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in
writing, any insurance procoods, whether or not the underlying insurance was required by Lender, shall be
applied to r atoration or repair of the Property, if the restoration or repair is economically feasible and
Leader's security is not lessened. During such repair and restoration period. Lender shall have the tight 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. f
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. Pees 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 Borrows. 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 socured by this Security Instrument, whether or not then due, with the excess, if any, paid to i
Borrower. Such insurance proccods shall be applied in the order provided for in Section 2. j
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 Leader that the insurance i
carrier has offered to settle a claim, then Leader may negotiate and settle the claim. The 30-day period will
begin when the notice is given. In either event, or if Lender acquire the Property under Section 22 or !
otherwise, Harrower 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 i
rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance t
policies covering the Property, insofar as such rights are applicable to the coverage of the Propeny. Lender
may use the insurance proceeds either to repair or ratore the Property or to pay amounts unpaid under the
Note or iris Security Instrument, whether or not then due !
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrowers principal
residence within 60 days alter the execution of this Security instrument said 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 arc beyond Borrower's control.
7. Pretermllon, Maintenance and Protection of the Property, Inspections. Borrower shall not {
desmay, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. l
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 shalt promptly repair the Properly
if damaged to avoid further deterioration or damage If insurance or condemnation proceeds are paid in
connection with damage to, or the taking o£ 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
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completed. If the Insurance or condemnation proceeds am not sufficient to, repair or restore the Property,
Borrower is not relieved of Borrowers obligation for the completion of such repair or restoration. s
Under or its agent may make reasonable entries upon and inspections of the Property. If it has '
reasonable cause, tender may leaped the interior of the improvements on the Property. Lender shall give
Borrower notice at the time of er prior to such an interior inspection specifying such reasonable cause 4
& Borrower's loan Applkntloa. Borrower shall be in default if, during the Loan application J
process. Borrower or any persons or entities acting at the direction of Borrower or with Borrower's t
knowledge or eonsenm gave materially false, misleading, or inaccurate information or statements to Lender
(or failed to provide Lender with material information) in connection with the Loan. Matcrial represcatations .
include, but are not limited to, representations concerning Borrower's occupancy of the Property as i
Borrower's principal residence.
9. Protection of lender's Interest to the Property and nights 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 r
regulations), or (c) Borrower has abandoned the Property, then Lander may do and pay for whatever is
reasonable or appropriate to protect Larder's interest in the Property and rights under this Security i
Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the
Property. Lenders actions can inchrde but ace 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 Instmmem, including its secured position i
in a bankniptey proceeding. Securing the Property includes, but is not limited to, entering the Property to
make repairs, change locks, replace or board tip doors and windows, draio water from pipes, eliminate
building or other code violations or dangerous conditions, and have utilities turned on or off. Although I
Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or f i
obligation to do so. L is agreed that Lender iaeus no liability for not taking any or all actions authorized
under this Section 9. i
Any amounts disbursed by tender under this Section 9 shall become additional debt of Borrower I
secured by this Security Instrument. These amounts shad bear interest at the Note rate from the date of i
disbursement and shall be payable with such interest, upon notice from Leader to Borrower requesting !
payment i
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease.
If Borrower acquires fee tide to the Property, the leasehold and the fee title shall not merge unless Lender
agrees to die merger in writing.
10. Mortgage lusurailm If Laudar required Morgago Lasunince as a condition of making tire Loan, j
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, j
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 I
toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage
substantially equivalent to flit Mortgage Insurance previously in effect, at a cost substantially equivalent to j
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 It non- t
refundable loss reserve In lieu of Mortgage Insumnre. Such loss reserve shall be non - refundable 4
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notwithstanding the fact that the Loan is ultimately paid in full, and Leader shall not be required to pay
Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if i
Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insure
selected by Lender again becomes avdlable, is obtained, and Lender requites separately designated payments I I
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 tine premiums
for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect,
or to provide a noo•refundable loss reserve, until Lender's requirement for Mortgage insurance ends in j
accordance with any written agreement between Borrower and Lender providing forsitch termination or until i
termination is required by Applicable Law, Nothing in this Section 10 affect& Borrower's obligation to pay
interest at the rote provided in the Note. E
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain tosses 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 preh Inurance in force; from time to time, and may
enter into agreements with other parties that share or modify their risk, or reduce losses. Thane agreements
are on terms and conditions that are satisfactory to the mortgage insures and the other party (or parties) to
these agreements. Time agreements may require the mortgaga insurer to make payments using any soiree of
funds that the mortgage insurer may have available (which may include funds obtained from Mortgage
Insurance premiums).
As a result of these agreements. Leader, any purchaser of the Note, another insure, any reinswer, any
other entity, or any affiliate of any of the foregoing, may receiva (directly or indirectly) amounts that derive
from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange I
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 instucr s risk In exchange for a share of the premiums paid to the
insurer, the arrangement is often termed "captive reiasmance" Further: .
(n) Any such agrwanentts will not affect the amounts that Borrower has agreed to pay for
Mortgage Insarrmee, or tiny other terms of the Loan. Such agr emeuts will not increase the amount
Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has —Ir any —with respect to the
Mortgage insurance under the Homeowners Protection Act or 1998 or any other law. These rights may
include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage
Imurume, to have the Mortgage Insurance terminated automatically, and/or to rweve a refund of any
Mortgage Insurance premiums that were unearned at the time of salt cancellation or termination. i
11. Assignment of Miscellaneous Proceeds; Forfdture. All Miscellaneous Proceeds arc hereby I
assigned to and shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repay of the
Property, if the restoration or repair is economically feasible and Leader's security is not lessened. During
such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until
Larder has had an opportunity to inspect such Property to ensure the work has been completed to Lender's
satisfaction, provided that such inspection shad[ 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 Miscel lancous Proceeds If the
restoration or repair is not oconomicalty 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
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access; if any. Paid to Borrower. Such Miscellaneous Proceeds shall be applied in live order provided for in
Section 2.
In the event of a total taking, destruction, or loss in value of the Properly, the Miscellaneous Proceeds
shall be applied to the sums sauced by this Security Instrument. whether or not then due, with the cuess, if
any. Paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair marker
value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater 1
than the amount of the sums secured by this Security Instrument immediately before the partial taking,
destruction, or lass in value, unless Borrower and Lender otherwise agree in writing, the stuns 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 stems 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 Tess than the
amount of the sums second immediately before the partial taking, destruction, or loss in value, unless
Borrower and Lender otherwise agree in writing, the Miscellatteotu Proceeds shall be applied to the sutras
secured by this Security Instrument whether or not the sums are then duc.
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 Miscelaneous Proceeds either to restoration or repair of theProperty or to the sums secured by this
Security Instromem, whether or not then due. "Opposing Party" means the third party that owes Borrower
Mrscellancous 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 tinder 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 to be I
dismissed with a ruling dust, in Lender's judgment, precludes forfeiture of the Property or outer material
impairment of Lender's interest in the Property or rights under this Severity Instrument.' Ile proceeds of any
award or claim for damages that are attributable to the impairment of Lender's interest in the Property me
hereby assigned and shall be paid to Leader.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied
in clue order provided for in Section 2
12. Borroetrr Not Released; Forbetrancc By Lender Not a Waiver. Extension of the time for 1
payment or modification of amortization of the sums secured by Us Security Instrument granted by Lender
to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or E
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 t
any Successors in Interest of Borrower. Any forbearance, by Lender in exercising any right or remedy I
inctudin& without limitation, Lender's acceptance of paymrmts from third persons, entities or Successors in 1
interest of Borrower or in amounts leas than the amount then due, shall not be s waiver of or preclude the
exercise of any right or remedy.
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13. joint and Several Liability, Co- stguers; Successors and Assigns Bound. Borrower covenants j
and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who
co -signs ibis Security Instrument but does not execute the Note (a "co-signer"): (a) is co- signing this Security
inanrment only to mortgage, grant and convey the co-signers interest in the property under the terms of this
Security Instrument; (b) is trot personally obligated to pay the suns secured by this Security Instrument and 1
(c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any
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• accommodations with regard to the terms Of this Security Instrument or the Note without the co- signers i
consent. {
Subject to the provisions of Section 1g, 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 Under. = 1
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrowers default, for am purpose of protecting Lender's interest in the property and rights tinder this
Security Instrument, including, but not limited to, altomeys fees, property inspection and valuation fees. In t
regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee t
to Borrower shall not be construed as a prohibition on the charging of such foe. Lender may not charge fees
that are expressly prohibited by this Security Instrument or by Applicable Law. , I
If the loan is subject to a law which sets maximum loan changes, crud 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, them (a) any such loan charge shall be redaced by the amount neces ary,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 malting 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 mixing out of such overcharge-
It. 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 sexually delivered to Borrowers notice
address If sent by other means. Notice to any one Borrower shall'coastitute 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 specifics a procedure for reporting Borrower's change of
address, then Borrower shall only report a cI=ga of address through that specified procedure. There may be
only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall
be given by delivering it or by mailing It by fast class mail to Lenders address stated herein unless leader f
bas designated another address by notice to Hormwer. Any notice In connection with this Security Instrument f
shall not be deemed to have been given to Lender anti] actually received by Lender. If any notice required by
this Security haatrtmnent is also requited under Applicable Law, the Applicable Law requirement will satisfy
the corresponding requirement under Uris Security Instrumeat
16. Governing Law; Severabilltyp Rules of Construction. This Security Instrument shall be
governed by federal law and the law of the jurisdiction in which the Property is located. AB rights and
obligations contained in this Security Instrument are subject to any requirements and limitations of
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Applicable Law. Applicable Law might explicitly or implicitly allow' the patties to agree by contract or it
might be silrat, 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 ibis Security Instrument: (a) words of the masculine gender shall mum and include
corresponding Berta words or words of the feminine gender, (b) words in the singular shall mean and j
include the plural and vim visa; and (e) the word "may" gives sole discretion without any obligation to take 1
any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security instruineut.
I& Transfer of the Property or a Beneficial Interest to 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 cited, contract for deed, Installment sales contract or i
escrow agreement, the intent of which is the transfer of title by Borrower at a future dale 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 Leader's prior i
written consent, Lender may require immediate payment in full of all sums secured by this Security
Instromerrt. However, this option shall not be exercised by Leader if such exercise is proldbited by i
Applicable Law. i
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice sha0
provide a period of not teas than 30 days from the date the notice is given in accordance with Section 15 i
within which Borrower must pay ail stuns secured by this Security Inswment. If Borrower fails to pay these
arms 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 mess certain conditions.
Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior f
to the earliest of. (a) five days before We 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 Inaturnent. Those conditions arc that
Borrower: (a) pays Lender all sutras which then would be due under this Security Instrument and the Note M
if no aectlen lion had occurred; (b) cures any default of any other covenants or agreements; (c) pays all ;
expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys'
fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's i
interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may
reasonably require to assure that Lenders interest in the Property and rights under this Security Inuuumenl. I
and Borrowers obligation to pay the sums secured by this Security Imminent, shall continue unchanged.
Lender may require that Borrower pay such reinstatement sums mid expenses in one or more of the following
forms, as selected by Lender. (a) cash; (b) money order, (c) certified check. W6 check, treasurers check or
cashiers check, provided any such check is drawn upon an institution whose deposits arc insured-by a
federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinsuuement by Borrower,
this Security Instrument and obligations secured hereby shall remain fully effective ns if no acceleration had
occurred. However, this right to reinstate shall not apply in the case of acceleration under Section J 8.
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 (]mown as the "Loan Servicer) that collects Periodic
Payments due under the Note and this Security Instrument and performs other mortgage loan servicing !
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obligations under the Note, this Security Instrument, and Applicable law. There also might be one or more
changes of the Lose Servicer unrelated to a sale of the Note. If there is a change of the Loan Sevieer,
Borrowa will be given written notice of the change which will state the name and address of the new Loan
Service, 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 arid 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 Savicer or be transferred to a soocessm Loan Saviccr and am 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
Inswment or that alleges that the other party has breached any prevision of, or any duty owed by reason of.
this Security Instrument, until such Borrower or Lender has notified the other patty (with such notice given
in compliar=with the requirements of Section M of such alleged breach and afforded tite other party halo
it 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 domed to be
reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cum given to
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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 cormetive action provisions of this Section 20.
21. hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those {
substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the j
following substances: gasoline kerosene cutter flammable or toxic pewieum pseducts, toxic pesticides and
herbicides volatile solvents, materials containing asbestos or fonureldehyde, and radioactive materials;
(b) " is located th
Envlromnenml Law" meeos federal laws and laws of rho jurisdiction where the Property at
relate to health, safay or environmental promcdon; (c) "Farvirorunenta! Cleanup" includes any response
action, remedial action, or removal aztioq, as defined in Envrroammtat Law; turd {d) an "Enviromaentai
Condition" mesas a eortditioq that can cause contribute tq m otherwise trigger an Environmental Cleanup. l
Borrower shall not cause err peanii the preserrcx. use, dnsposal, storage, or rdease of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall riot do,
nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental !
Law, (b) which crates an Environmental Condition, or (c) whirl, due to the presence, use, or release of a
Ilaranlous Substance, creates a condition that adversely affects the value of the Property, The preceding two
sentences shell Trot I to the
app y presence, tuc, or storage on the Property of small qumndties of Hazardous
Substances that am geneMly 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 hwestigation, claim, dermtud, lawsuit
or other action by any govemmcntal 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 Hw=dous 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 re nediation of any
Hazardous Substance affecting the Properly is necessary, Borrower shall promptly take all necessary
remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on
Leader for an Pmironmental Cleanup.
PENNSYLVAN1p-4ingteFe Iy— FomkNh&TreditM=UNIMRMIN9TRL%UM Forar7039U01
I7ErITrreeLl3 enFAn MD • I
taM1} -ItPRt (Poge ti of 16Paga) toO'dWcMf8a69a97SfOracaraart•r or
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NON UNIFORM COV1a (ANTS. Borrower and Lender furtheroovenaut and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following e
Borrower's breach of any covenant or agreement to this Security Instrument (but not prior to
acceleration under Section IS unless Applicable Law provides otherwise). Lender shall nutty
Borrower of, me ag other things: (a) the default; (b) the action required to cum the default; (c) when
the default must be cured; and (d) that failure to curs the default as specified may result to
acceleration of the Samos secured by this Security Instrument, foreclosure by judicial proceeding and
sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration
and the right to assert In the foreclosure proceeding the non-existence of a default or any other defense
of Borrower to acceleration and foreclosure. If the default Is not cured as specified, Lender at its i
option may require immediate payment in full of all sums secured by this Security Instrument without
norther demand and may foreclose this Security Instrument by Judicial proceeding. Lender shall be kF
cadded 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.
29. Release. Upon payment of an 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 my recordation costs. Leader may charge Borrower a fee
for releasing this Security Instrument, but twly 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 crmr or
defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or
future laws providing for stay of exccu don, extension of time, exemption from attaclunem, levy and sale, and
homestead exemption. I
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 sberifi'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
Bomawer 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 tinder
the Note
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PENNSVLVAMA— Si gtoFamily— FaankhbdFsvddk Mac UNIF01114MTRWIF .N'f FormJ0391e1
crEUmeatutaont -+yeas (Page 14 of 16 page) n ft. otsj_ooM03Mnrac�e j
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BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages I
I through 16 of iltis S ty instrument and in any Rider cxocntcd by Borrower mul recorded with it. j
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(Seal) (Seal)
JO Levenda sorrow« B0 " C0 I
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- Borrower - Boaawer i
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- Borrower - Borrower
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YliiMYLVAMA Single Famlfy-- Fenate MadFrtiWc Mx UNWOAM L4MUMMa Form 30391/01
Muirr us m"1 -ams (Page 1.1 of 16 yagu) T. Wdp Ut 16 530- MA13Fm M4 t 0
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Stataof %r%C0V\V4r%%a i
County Of Cv w ab trland I
Outhisthe � dayof 0 4 4 1010e t , aIDQS beforemc, Mtck�ael `5 • ?Y
the undersigned officer, personally appeared
known to me (or satisfactorily proved) to be the person(s) whose names)
subscribed to the within instrument and acknowledged that executed the same for the purposes
therein contained
IN WITNFSS WHEREOF, 1 hemunto set my hand and official seal. j
N tadal Seal F
Mcloed J. RAosh. Notary Public
F k-poen UP- Ceah:bedand raedy - -
My Commiww Exprces Mar. 27, 2006
MembLv. Pen syNartiaAssod3lim a Notarim
Teda of OiFKer I
My commission expires:
After Recording Return To:
CAPITAL AREA ABSTRACT INC ?
3820 MARKET STREET I
CAMP HILL , PA 17011
CERTIFICATE OF RESIDENCE L tr ; c;i\a�.1
do hereby certify that the corMO address of the within named lender is 1417 North Magnolia Ave, Ocala, 1
FL 34475
Witness my hand this a8'"` day of 0 t'r�v0 b
Agun of Larder
1111
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PENNSYLVAMA— SbOaFamilY— FanuleMaHFmddkMucUN =VtM]NSnUMENT FomSWU0r �
eREATU ND 2
iTEY Memo (MI 1) - a (Page 16 o116raiges) TO CNN ba f OF. st6 79e - 1Ir f -
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I Certify this to be recorded
In Cumberland County PA
Recorder of Deeds
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ALL THAT CERTAIN pleas at lot of land sataiI6In ilia Borough of Camp Hill, Cumberland County, Pennsylvania. 's
mare particularly baundad and dasaribad as Mrs, 6 wit:
BEGINNING at a point on die 5Minim Me of Walnut 5treal, wlacb point is 204.5 feet East of ilia Eastarn line at
fdorth 19th Street; thence along the Southom Tina or Walnut Street, Sauth 02 4ogrees 19 mfnutos East 1001c0t to
s patnt at lands now or formerly of Basch thence along samo South 03 degraes53 minutes East 142.47 feat to*
point; ther>ce North 82 dagreas 19 minutes West 57.42 felt to a point at fine of lands new or forMady Of Marna. !
WNttoek; thence along same North 82 degrans 19 mimics West 49.86 teat to a point•, tknee Nonh an degrees 48 '
minutes 05 seconds West 141.15 feet to flit point of BEGINNING.
Millo lot Na 5.8 an go- sobdivision Plan of lots as recorded In the Cumberland County Reeoider's office in Pith
Beak 17, Page 88.
HAVINS THEREON ERECTED a 2.5 scary brick dwelling Mill framo garage known and num5erad as 1803 Walnut
5treat.
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ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY i
1 COURTHOUSE SQUARE
CARLISLE,
PA 17013 ' J •
717- 240 -6370 ;
''Instrument Number- 201330591
Recorded On 9116!2013 At 10:52:01 AM *Total Pages - 5
• Instrument Ty - ASSIGNMENT OF MORTGAGE
Invoice Number - 147120 User ID - KW
• Mortgagor - LEVENDA, JOHN }
• Mortgagee - CITIMORTGAGE INC
*Customer - CT LEIN SOLUTIONS i
*
FEES
STATE WRIT TAX $0 .50 Certification Page
STATE JCS /ACCESS TO $23.50
JUSTICE DO NOT DETACH �
RECORDING FEES — $11.50
RECORDER
PARCEL CERTIFICATION $15.00 This page is now part
FEES of this legal document..
COUNTY ARCHIVES FEE
ROD ARCHIVES FEE $3.00
TOTAL PAID $55.50
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I Certify this to be recorded
in Cumberland County PA f
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RECORDER OP IlD
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- Information denoted by an asterisk may change duriag
the verification process and may not be reflected on this page.
003OK5
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Return 7o: .
CT LIEN SOLUTIONS
PO BOX 29071
C3LENdALE. CA 91209 -9071 }
Phone#: 800- 331 -3282
Prepared By: 003 0 j
CITIMORTGAGE, INC
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FREDERICK SILVA
1000 TECHNOLOGY DRIVE, MS 321
OTALLON, MO 63368 2240 i
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Parcel No: 01 -21 -0269 -228.
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ASSIGNMENT OF MORTGAGE ?
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MERS SIS # 888-679 -6377 MIN: 100029500009439098
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KNOW ALL MEN BY THESE PRESENTS that Current Beneficiary: Mortgage Electronic Registration
Systems, Inc. as nominee for Taylor, Bean & Whitaker Mortgage Corp. its successors and assigns,
whose address is 1901 E Voorhees St, Danville, IL 81834, P.O. Box 2026, Flint, MI, 48501-2026,
hereinafter Assignor the holder of the Mortgage hereinafter mentioned, for and in consideration of the
sum of ONE DOLLAR ($1.00) lawful money unto it in hand paid by CitiMortgage, Inc., 1000 Technology
Drive, UFallon, MO, 63368, Assignee at the time of execution hereof, the receipt whereof is.hereby
acknowledged, does hereby grant, bargain, sell, assign, transfer and set over unto the said Assignee,
ALL THAT CERTAIN Indenture of Mortgage given and executed by John Levends to Original Beneficiary:
Mortgage Electronic Registration Systems, Inc. as nominee for Taylor, Bean & Whitaker Mortgage Corp.
its successors and assigns, bearing the date 10/28/2005 , in the amount of $235,000.00, said Mortgage i
being recorded on 11104/2005 in the County of Cumberland County, Commonwealth of Pennsylvania, in
Book: 1929 Page: 4399. i
Being Known as Premises: 1803 Walnut Street, Camp Hilt, RN 17011 j
Township: Camp Hill
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Descripbon/Additlonal information: See Exhibit A
Together with all Rights, Remedies and incidents thereunto belonging. And all its Right, Title, Interest,
Property, Claim and Demand, in and to the same:
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TO HAVE, HOLD, RECEIVE AND TAKE, all and singular the homditaments and premises hereby
granted and assigned, or mentioned and intended so to be, with the appurtenances unto Assignee, to i
and for its only proper use, benefit and behoof forever, subject, nevertheless, to the equity of redemption
of said Mortgagor in the said Indenture of Mortgage named, and his/her/their heirs and assigns therein. j
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IN WITNESS WHEREOF, the said Asalaagt has caused these presents to be duly executed by Its
proper officers
Pege # 1 39688295 24449 PAVO Cumbedand County Internet
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This
Mortgage Electronic Registration Systems, Inc. as nominee for Taylor, Bean S Whitaker Mortgage Corp.
Its successors and assigns
By: I Sa rawest
Vi sident
Delivered in the Preset of us;
A est
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STATE OF Alll SO RI, . CHARLES COUNTY
On l before me, the undersigned, a notary public in and for said
state, persorollypppeared Sandra West, Vice President of Mortgage Electronlc Registration
Systems, InL as nominee for Taylor, Bean & Whitaker Mortgage Corp. tts successors and assigns
personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose i
name Is subscribed to the within instrument and acknowledged to me that elshe executed the same in
his/her capacity, and that by his/her signature on the instrument, the in ual, or a on upon bah
of which the individual acted, executed the instrument.
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ALMNORA BAROZEM
sy i'u of -!� Seal �
Stale of Misses! .
CommWfted for SLLouieCa* ota Publ' Is Be evrski
My n F fires 1 .22ifff18
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C n pires:071252016
The precise address within named Assignee is.
1000 Technology Drive, O'Fallon, MO, 63368
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Page* 2 99888295 24440 PA570 Cumberland County Internal
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ASSIGNMENT OF MORTGAGE
BETWEEN:
Current Beneficiary: Mortgage Electronic Registration Systems, Inc. as nominee for Taylor, Bean
& Whitaker Mortgage Corp. its successors and assigns
AND
CIUMortgags, Inc.
MAIL TO:
Current Beneficiary: Mortgage Electronic Registration Systems, Inc. as nominee for Taylor, Bean
& Whitaker (Mortgage Corp. its successors and assigns
1901 E Voorhees St, Danville, IL 81634, P.O. Box 2026, Flint, Ml, 48601 -2026
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Page * 3 39688295 24449 PAS70 Cumberland County Internal
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Exhibit A
lit! TOT !CIRTAI t 00 or hl d 1d *wti b 00 Bob* 9 CwWlmd CMOY, Pao,
HUM al ■'efntvdt 0SWOMI In $1 WANSU l,0tiia11 F* ill 2MA I* fill it 0* 1"M to of
Motto 1111? 1104 th""*14 ON UUN In #1 WIM $lam, ho eg 4ww 1st Eau 190 If" IN
it p W a " mow at fo ai*d on * ow alq ;as 3ath 43 "m 53 rbuta East 1410 log is m
po�yt; �iduiat fl"A2*pw 10aiW"IRA RA214t to a pot I CON 10 Ihd■ now of tet at V4 00 I
Milo* *A= 64 W* Mill U hWm 12 Val 40A lut to I pi* lkXf U* OD dpr a Al
*wn 46 =aft Woo 14 1.1 S feel to tU poiai 01 0400M,
BRNOWR& 6100llo•"ido W b 04 CWWW CWTRmillezDi
W 1i, Pip ER,
HAVING 1910M EUMB a U MY Wki dwd4 w1lh tale PI two IN ftoWW a 180 1E9W
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EXHIBIT
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�• '� Pool: CERTIFIED * Coll ID: 943909 m
Nae: LEVENDA
ARID: 294836594 s
NOTE MFRS: 100029500009439096 L
4�,
October 28, 2005 Camp Hill Pennsylvania
(Date) Icily) Israel
1803 Walnut Street
Camp Hill, PA 17011 s
IPropeny apdtessl
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I. BORROWER'S PROMISE TO PAY ?
In MUM for a loan that I have received. I promise to pay U.S. $ 235,000.00 (this muoant is called
"Principal'), plus interest, to the order of the Lender. The Lender is Taylor, Bean 8 Whitaker Mortgage Corp.
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I will make all payments under this Note in the form of cash, check or money order.
1 understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer laid who is
entitled to rcccive payments under this Note is called the "Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. f will pay interest at a yeariy . I
into of 5.8750%. i
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section
6(B) of this Note.
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3. PAYMENTS I
(A) Time and Place otPaymcuts
I will pay principal and Interest by making a payment every month. j
I will make my monthly payment on the 1st day of each month beginning on December 01, 2005
I will stake these payments every month until t have paid all of rite principal and interest and any other charges described
below that I may owe tinder this Note. Each monthly payment will be applied as of its scheduled due date and will be appltcd
to interest before Principal. If, oil November 01, 2035 1 still awe amounts tinder this.Notc, i will pay those
amounts in full on that date, which is called the "Maturity Date."
I will stake try }monthly payments at Taylor, Bean & Whitaker Mortgage Corp., 1417 North Magnolia Ave,
Ocala, FL 34475
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or at a different place if required by die Note Holder. j
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $1,890,11
0. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are due. A payment or Principal only is known as
a"Prcpayme ." When 1 make a Prepayment, I will tell the Note Holder in writing that i am doing so. I may not desigmue a j
payment is a Prepayment if 1 have not made all the monthly payntettts due, under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge: The Note Holder will use my
Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder bray apply my
Prcpaymie t to the accrued and unpaid interest out the Prepayment amount, before applying my Prepayment to reduce the
Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my
mmtdily payment unless the Note Holder agrees in writing to those changes.
f
MUMSTATEFIREVKATSNOTS Su gtaFamity— FhaakAWFrddlchfarUAIFORM INSTRtlitlZ%T F m
rrEr6T16r6L1(Wet) (Page l ef3 paw) berm at t-0Obt�rr ap61 &itt - 113( i
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'23030943909'
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S. LOAN CHARGES
If a law, which applies to this loan and which sets IrMinium tone charges, is finally 9nte1pre1ed sot 111111 else intly st or j
other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such
loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) tiny sums already
collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to mike this rcfund
by reducing the Principal I owe under this NOW or by making a direct payment to me. If a refund reduces Pnnclpad, the i
reduction will be heated as a at prepayment. !
!�
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) late Charge tar Overdue Payments
If tho Note Holder has not received the full amount of any monthly payment by Ilmc end of Mean cvdoidar
days after the date it is due, I will pay a late charge to the Note Holder. The arc ntut of the charge will be S.000Oa t
of my overdue payment of principal and interest. I will pay this late char promptly but only cited on each late payment,
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default,
(C) NoticeotDefoult
s
If I am in default, the Note Holder may send me a written notice telling me that it I do not pay the overdue amount by a `r
certmn date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and :ill
the interest that I owe on that amount. That date must be at least 30 days after the data an which the notice is mnilcd to me or
delivered by other meatus.
(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 ant in default at a later time_
(E) Payment of Note HoldePs Costs and Expenses
If the Now Holder has required me to pay immediately in full as described above, the Note Holder will have the right to
be paid back by the for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law.
Those expenses include, for example, rmwriahle anomeys' fees, {
7. GIVINGOFNOTICES
Unless applicable law requites a different method, any notice that mast 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 givethe Note
Holder a notice army different address.
Any notice that must be given to the Note Holder under this Note will he given by delivering it or by mailing it by first
class snail to the Note Holder at the address slated in Section 3(A) above or at a different address if I am given a notice of than
different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE.
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in
this NOW including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note
is also obligated to do these things. Any person who takes ova these obligations, Including the obligations of a guarantor,
surety or endorser of this Note, Is also obligated to keep all of the promises made in this Note. The Note Holder rimy enforce
its rights under this Note against each person individually or against all of us together. This means that any one of us may be
required to pay all of the amounts owed under this Note.
9. WAIVERS
1 and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor
"Presentment" means the right to require the Note Holder to demand paymcni of amounts due. "Notice of Dishonor" nears
the right to require the Note Holder to give notice to other persons that amounts due have not been paid.
10. UNIFORM SECURED NOTE
This Note is a uniform inserument with limited variations in some jurisdictions. In addition to the protections given to the
Note Holder under Ibis Note, a Mortgage, Deed of Trust, or Secrorhy Dead (the "Security Instrument "), dated the same date
as this Note, protects duo Note Holder from possible losses which might result if I do not keep the promises which I make in
I<1t1LTLSTA7E FIXED RATE NOTE—Single RnJty —Famir M=Treddto Mae UNIFORM INSTRUMINT Form 12001/01
rr>6tne�6lr1o6a1) 0 2ni e< lod wed1 -0G4RYr9393urax616-779112
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this Notc. That Security Instrument describes how and under what conditions I may be required to make immediate payment
in full of nll amounts I owe under this Note. Some of those conditions are described as follows:
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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 bomficial interest in Borrower is sold or tnussferred) 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. Tile trotice shall provide a
period of not less than 30 days from the date the notice is given in accordance with Section li within which
Borrower must pay all sums secured by this Security Instr anew, If Borrower fails to pay these stuns prior to the
expiration of this period, Lender may invoke any remedies permived by this Security Instrument without further I
notice or demrud on Borrower.
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Bottower has executed and acknowledges receipt of pages 1 through 3 of this Note.
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WITNESS THE HA S) AND SEALS) OF THE UNDERSIGNED '
(Seal) (Seal)
JO Lovenda �� Berower aor Doer
(Seal) (Seal)
- Bormatr •aocrrraxr i
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- Bortower - Bnrto��cr
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[Sign Original Oahe'
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WIthOtlt MCOUrSe,
PRY t0 the Ordef of
W— Teylof, Bean & whitakar
` Nto tga�ge Co rp . Erla Carter -Shaw. E.V.P.
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MULTI STAT EFIXEDRAT ENOTE—SingleFnmily— Fa nnI* Mat&'reddJoMaeUNIFORMINSTRUNEUM FomrJ3Q01/01
IrF.N T16i41.7 (7ort1 GPEATVND A
(Page 3 of3Poga) to obaao 14 00- 5 0 , 2MUF. 6M791-MI }
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Cunt: AA31 Account: AAMG -FHLMC
,. pool: T$W 061606' Coll ID�461
Alternate ID; . 294836594
Names . LEVENDA JOHN
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T emeail.a., CA.:925839Q90 U:.S Fgstagaand
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Des Moores IN. 5636 8-9196 f
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cft[ o ago. Inc h:iil;��. ��.il llfl�llllilrilf:E fl!I!f! .
s40ffJ.X. 7-7 5083 inns Blvd: JOHN LEVENDA
�'itviii"ga3X
1803 WALNUT ST
CAMP..HJLL, PA 17011. 3975
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CITIP ACT91
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S:et pia. Certified, l�'IaiX I
t3 0 05r20 13 7 196 9p0.6 '1296-: 92 665.4
l:'$Q3'W lNYJT ST
C1VIP DILL, PA 170 lj,3-975
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RE Property .A.ddxess� 1803 WALNUTST
CAMP HILL, PA 17011
CitiMo`ttgage. Loan
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ACT 91 N TI OV .
TAI ACT-t" TO
AVE'
YO R H0.. E FROM
FO RECLOSURE
I
This- N an official notice that the mortgage on your homey is in default;; ;and the _lender.
intends: to foreclose:.. S ecific infortriation abouflhe natur -e .'of the de ain't is rovided
they attached va &es:
The HOMFowNVWS EMERGENCY MORTGAGE ASSISTANCE EROGRAM-
(HEMAP) irmaV' be able 'to help save lour home This''Notice e7ii loins hove `the: prosram
Works..
To see if HEMAP can help you must.MEET WITH A CONWMER. MDIT
COUNSFI ING AGFNCY WITHIN JIDAYS OF'TI3E DATE OF THIS i�10TIGF..
. Take th'kWotice with Mu whewy -ow meet wit.h the Counseling Agency.
The rriame `address Gird phone nun bet of Conguiter`Cred>ii C.6 selin 'A encies ser ving.
your County ate listed at the end of the Notice If you have aTi yestions you PL call the
Pennsylvania Housing Finance °Agency :toll-free at (800 3`42 -2397' (Persons with impaired
hearing can call (717) 78 04f869).
This Notice contains important legal information. If you have any giicestibus,
representatives at the Consumer Credit. Counseling Agencymay be,able to belg= eatplain.
You may also want:: to `contact, au attorney.ifi your area, The local bar association
may be able to help you find a lawyer.
LA NOTIFICA06N FN ADJUNTO .ES DL SUIVMA. YMPORTANCtA, . VVYIS` AFECTA STJ DERECRO A
CITIPAACT91
Page'; 1 =of7 7k96; :9006 9.296, 9R x5 6654
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CONTINUAR: VWMN\'D.O LN SU CASA. :StNO COMPRENDEEL CONTTNIDO DE F:STA•NOTIFICAC16N
OBTEN ,A. UNA TRADIICC16N INMEDIATAMLNTE LLAMANDQ; ESTA. AGENCTA.:(PENNSItAgNYA
MIOMJSIIVC� FINANCE AGENCY) SIN d AGOS AL NtjM RO MENC'I ARRI13A. POEDE S.AR E
ELEGI�o PAXA UN PRESTAMO POR EL PROGRMA LI,AWIAD& °#6 IEOWNER'S EL . Elk
GEN I' j
MORTGAGE. ASSISTANCE: PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA, .PERDIDA DRY,
O"CHO A 0004K SCJ 14POTECA.
HOMEOWNER'S NANlB(S): JOHN LEVENDA {
' Z 3PER1`I'.ADD SS: 1843 WALNYZ ST H
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AMP ML,L, PA 1701.1 v C,'
• MOAN ACCT.. NO.: I
OIZIGINAI .LFNl7ER Taylor Dean & Whitaker Mortgage Corp: .
CURRENT LENDER ERVICLR CitiMortga'ge; Inc,
HOMEOWNER-?`S EMERGENCY MORTGAGE A99STANCZ
�RC).GRAM
E
YOU MAY BE: ELIGIBLE FOR FIi AINCIAL ASSISTAN:CRWHICH. CAN 8A YOUR,
, ,HOME FROM F0RE1C1bSURkAND HELP YOU MA"TUTURF =MORTGAbE
P� ,AYMENTS
IF YOU :+20.1ViPLY`vYITI PROVISIONS OP THE H6 IY1Lt3WNER'S EMERGEI?1+CY MORTGAGE
i
ASSIST AN : ACT OF i983 (THE _ACT'), YOU MAY BE ,E GIBLE:)BOR EMERGtJ Cy ivIO"GAGE
ASSISTANG:
* IF YOVR.,DEFAUET,TTAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
XR YOU HAKE. A REASONABLE PROSPECT
:OF $LING ABLE TU PAT' YOUR:kYIORTGAGR
MMEN'.T;S
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IF YOU MEET OTYLL . L"LIGIIiTUT°Y REQUIRkMENTS'L�STABLISHED BV j*k
PEN.I SYLVAKL• $p- 6 tkNG.FIN : A'NCE AGE'1TiCY.
TEMPORARY STAY OF FORECLOSURE - 'Under the•. Act, you are entitled: to a temporary stay of
fbreelosure on yo. uY ; mortgage for thirty. {3Q) days from the date bf this Nottco (plus three: - (3) days t f zinailing) .
During that time yob must Arrange and attends "face =to face" _meeting ti ons
vttli .one of the cuttiel° credit
counseling agencies listed at the . :,end of this Notice: THIS MEETING. MUST OCCUR WIT —HIN
THIRTMtREE (33). DAYS OF THE DATA OF THLS NOTICE IF Y&J, DO NOT APPt FOR
EMERGENCY MORTGAGE ASSISTANCE . YOU MUgT:13RING'YOUR MORTGAGE 'UP TO DATE.
THE PAR-7'01 THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT "EXPLAINS
I-IOW TQ .131rING YOUR TV ORTGAGE UP TO DATE .
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CONSUMER. CRED1 Y fOUNM-LING AGENCIES - If you `meet wit i ;.one of th .consiirrier .credit
counseling agencies listed.-at:the end 'of.tl is notice the lender may NOT take action against you for thirty j
days �:afte� the date. iif this rieeting. Tlie names: addi and telephone numbers of designated coisiimer
credit counsel a &encies for_the count in which the pr p
_ v o erty is located are set for at the eiid.of•tivs Notice
It'is oniynecessary to schedulerone face -to -face meeting. Adviseyour lender immediafely of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in. default<for the reasons set;forth
later in this Notice (w- ' followintg,Iiages foie specific information about the:nature of your default). Yoi1;have
the right to= apply for _, r=cial #ssistance% from the 14omeowneVa Emergency Mortgage Ass � nce Program
To': do'so,. you .must fill out, sign and Me a completed Homeowner% Emergency Assistaance Program
WIPAACM
Trage 2of7 7196 9006; "9296 1215:6654- I!
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Ap}ilicatiot with :one of the designated consumer credit counseling agencies listed at the end of this Notice.
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my :corisiriier <:eredit counseling ageaices:: have applications; for the program; and .they will assist you In
submitting a ean>lilete application :to'<tlie'.Pnnsylvania Housing:F'inance Ageney:=To temporarily stop the.lender. I
from fft:a foreclosure action, your application MUST be;forv<�arded to PHFt ::and.received within thirty (30)
days o Motu dace =to -face meeting,vv�kll:tlie Gaui�seling agency:
YOU SHOULD :FI2 E A FI'EMAP.APPL1 CATION AS SOONASt.POSSIBLE IF YOU HAVE. A MEETING WITH
A COUNSELING A..GENCY WITHIN. 33; DAB'S OF THE POST�tif 4AK DATE OF`: THIS. NOTICE ,9 NIy .FILE :9N
APPLICATION WITH PHFA WITHIN ,30 DAYS OF THAT AMETING TIIEN THE LENDER. WILL EE
TEMPORARILY :PR WvTED FR MkTkVG A FOREC'f'OSURE AGAINST `YOUR PROPERTY, AS
EJYPLAINED.i1 0 Tlv THE SECTf6N.0 LED 'ITE?YfPOR R STAY OF FORECLOSURE."
YOU HAYE THE RIGHT TO FILE.A AE'1tiC :4P APPLIC47`l01\?' EVEN BEYOND: THESE TIME FEhIG2OS: A �
L,4TI;.APPLICATIPN- WILL NOT PREVENT THE LENDER 1{; QjV1: STAR TVVG A. FORECLOSUR(s A ACTION,
, T IF VOVR.APPLIC4VW IS EYENTUA"Y APPROVED AT 4NY TIME BEFORE A S'HERIFF'S SALE;
7?lrfE`ORL?CLOSURE WILL SE;STOPPED.
AGENCY ACTIO - Available funds fox emergency 'mortgage assista - am Ore very limited:: `Ttiey: x411 be
disbursed by they. Elgency under 'tlie elib bility criteria established by the:Aet The Pennsylvanik. dousing
Finance Agency lia :s xty (6 0) days to. make a decision alto :k receives yoar app.. catign. During. that; qmp, no
foreclosure proceedit�s vall be pursued against you if you have met the time :regtl rements set forth: above.
S'b u. will notified clixeetly;by the Pennsylvania .Housing Finance Agency of its ctee75on 4ti your application ;
NOTg~,';'WYPU. A RE CUI2 MILY PROTECTED°BY THE FILING OF A PETITIW'1N)RANKRUPTCY .
TIMFOLLOWIN.G PART' . THIS NOTICE IS FO.RlNFORMATION PURPOSES•Oh1LY;AND 5HOLTLD:
NOT SE.Gf>1 SIDERED AS AN ATTEMPT TO COLLECT THE DEAT.
(If you have filed -b'anl ruptey, you:can stfifapply for Emergency Mortgage- Assistance:)
4
HOW TO`CLT'RE YOUR MORTGAGE DEVAULT (Brio# it:utli: -t date ,
NATURE OP T HE: DEFAULT - Tlie''M- 0RTGAGE debt :l :dld by the above lender :qn your pvVetry:loca: €ed at:
1803 �1VAt;(]P.ST z
CAMP HM ;JRX 17,011
IS gEV"L'Y IN DEFATJL.T because:
months aril t2ieMlowin
Y`OU NAVE NQT.$ MONTHLY �rTdR'CGAGE PAYMBNTS for the : foltovi?sng g
at tini ,fs are now! i §t,auY ::
0101M"� through 09%0:t1i"13:
3 @'$1 month.
2 @ $695011ate.chargelmonth j
$5.8.4 ,
Previous late Charge(s):�
Delinquency E:x— ense(s): $0.00
Unapplied `Furies. aL =)O
OTAL AMOUW:PAST DUES $5,846.53:
HOW TO.MRE THE DEFAULT _ You may.CIVA,;.the default. within THIRTY(30) DAYS offf Aate of this ndf i*
BY PAYING VM TOTAL AMOUNT PAST DUE TO THE .LENDER, `WHICH IS $5,8 0.53 PLUS ANSI
MORTGAGE PAYMENTS AND .LATE CHARGES WHICH BECOME DLL DURING THE TARTY (30) DAY"
PERIOD: Ra Vidgrits must tie made either by cash cashier's check certified check or money order made p ayable:ancl
sent to.
CYrIPAACT91
Faga:3 of7 1196, .9006 9296 9215: 6654
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CitiMortgage, Inc.
,P O. BOX 1:83040
Columbus, .OH 43218 -3040
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IF: YOU'DO NOT'.CURE THE.MMAULT - If you do riot cure the default wi'thin.THIRTY 00)_UAMS'. 1410 date of
this Notice, the'lender'Intends.to exercise its rights to. accelerate the mort2aQe debt This means 11xaE;he.entire 1
outstanding balance of this debt: will be considered due,. ediately and:you maylose the.chance:io pay the`mortgage
..........
in month , mstailments..If frill payment 'of the: total, amount past due 'is not made within . THIR1Y (30).:17AYS, the
leuifer.a�sv rptenils -;to insfrucr:fs atEOneys to stattlega achon to foreclosearnon your mortaaei} property I
IF THE MORTGAGE 1S FORECLOSED UPON - The mortgaged, property. be sold 'by the Sheriff to pay off the
mortgage d N Tf,the lender tefers. your case to its attorneys;_ but you cure thei,delinquency before. ttic lender :begins 1
legal proceedings= against. you, you .wiff still be required: to pay the reasonable •attorney's fees that Were •actually !
fit uured, up to SO However, if legal procecdiugs are started •against you, y r
ou will, have to pay all eason C
>lt;brP gYs fees actually .iactiti*d by the lender et!en .if they exceed 5Q:00. Any attorney's fees will be..ttdded to ;llie
amount you_� the lender,._ svhith. may also inclurie .other reasonable;: costs. If vou:.cure. the default wmthin the j
THIATV 1301 DAY period: you will not be required to nay attorney's fees
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OTHUR i EIITDER RE1VlEDlES - The lender may also sue you p:ersoohy'for the unpaikprigcipal balance and ail
ether sfirps'dime the.ru�rtgage:
RIGFIT'T'O. CURE TITSDEFAULT PRIOR: MSHERIFF'S SALE w you havcuxot cured the default with 4.1he,
THIRTY 3D), D period 'and: foreclosure proceedings rhave begun, you still have tile 6�ta the default: and
yrevent.'tlZe sale atanv time uri tri'one hour before itie SherifFs Sale You may do so l�pa ` ,Q the total amount'tlieri
past due, talus anv'late or other 611. dri es then due reasonable attorney's fees and costs; conh dled With the farecMare
sale and AhNi other costs corineePeel y th the Sheriff s Sale as specified in Writing by the lender ='and by performinit"any
other requirementsainder the mor'f.pa�e Curing your.default:in the rnammem set'.forth in fhis;:ntltice will restore your }
mortgage to tine sanm;position. as if y.au liad never defatiT[ed. ;
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EAWLAI T.POSSIBIL :ST1ER1FF'S 5Ai1c DATE - It is estimated that the eariieat;date that sue ,Sheriffs Sale of
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the moitgap..property cq'oltl,be held would 6'e approximately 6 iniigidths. from #lie late;.of this Notioe A notice :of the !
actual date of;tl a Sheriff s Sate will .be:sent to you ; before the sale. Of ".course, the amount- needed. to cure, l e default
w lLincrease the:longer you wait. You may find out at - any time exa'etiy 'What-the required'payment or act" .will <be by I
Gotataeting the lender
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HOW ..TO CONTACT THE LENDER:
Name: of Lender: CitiM6rtgage, Inc.
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Aildress; P.O.'Box 1.21,$
Tucson, AZ 8
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Phone Number: �- 877- 3$2 -0I75.
}
Fax dumber: 1 -$68- 940 -8147
Contact pecsbu Mark - Anthony Hartland i
Email Address: markanfliony .b.hartland @,citi.com
EFF - _&':OF SHERIFF'S SALE - You should realize; that a Sheriff's =Sale will end your ownerst p'Qfttic_mortgaged
property grid your rmght_ "r..o occupy it. If you continue to.live in the property ,after the: Sheriffs Sale a Fawsuit to. remb.v*
you and }rqur furnishings'a0d. other belongings;,could lie started by the lender; at any time. F
AS ST&ZTION OF MORTGAGE - You may not sell or transfer your 'home. to a buyeror. transferee =who will assume r
tlienmortgage debt:p:rosdded that all: outstanding payments, charges;_ and attorney's fees and costs arepaid prior to
or atalae -sale and t a_t:_'other requirements of the mmortgage acre satisfied.
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CPTTPAACT91
Pae.4uf7 71;16;.:5,006 9216 . 9215 6654 s
YO.U.1y1AY ALSOH:AVE THE RIGIT,
tG ;SPLL YHE I?"ERT,Y TO OBTAIN MONEY TO PAY OFF THE MORTGAGE-DEBT OR TO
BORIiQW MoNE;SY :FROm;ANOTHER LENDING IIv'STIF.UTION TO PA °_SOFF THIS DEBT.
TO HAVE` THIS DEFAALTLT CURED BY :ANA' THIRD PARTSr `ACTING OIL YCIUIZ.BEHALF.
* TQ IIAVE: THE MORIZAGE REST.ORED.TO THE SAI�!fE'.POSITION AS ']V* aDEIAULT ...
00-1. 7RED IF YOU CURE THE.I3EFAULT. (II0�1x,EVER,'YOLT DO N{�T HAVE THIS kIC3LLf''TO
Wa ib FAULT MORE TT AN THREE TIMES.. ,I T ANY CALF AR YEAR,)
ASSERT THE IT C�NEXISTEN 'ANY FORECLOSURE PROCEETJ ()R . A
.
O.`TFI'ERLAWSU T iNgTITUTED TJNW1E THE MORTGAGE DOCUMENTS.
TO ASSERT ANX "OTHERDEFENSE :QU BELIEVE YOU MAY LIAVE;To SUC 1 ACTIQN %IW TIME
LENDER.
* TQ SREK PROFEC Zf N.LNDQt TT E IIIEDMZAL BA1�'T�'RUPTCY LAW
C.ONSUhMR:CREDrr COUNSELING AGENCIES SERVING YOUR COUiNTY'.CAN.BE LOCATEVO1N:
THE ATTACHED LIST
This. is an attempt to collect a iiebt and anyinformation obtained will lie used fort$at purpose.
C]TIPAACT9!
P*e.:5 cf7 7196. 90116 9246 92
HEMAP Consumer Credit Counseling A en Aes
Y County
Adp3ptage:Credit Couiis lfrig:Serv]WCCCS of Western'?A Advantage Credit Counsdf.. ervfi CS of Western PA
2'QOG'lingtestowtt Read; 55 CFover Hill Road
Hazrisisutg, PA 17'102 Dallastown; Etl;. '1 ?31
;38?51 -2227 888 - 511 -2227
- I
Base; one: Housing: Alliance ofY'orllW o#Wtjg.Rg ources
447 Soulh?iln*ed Street: 290 West.Ma&et Street:
Lancaster 'A.126`b? York 1.7401
71= 392 -5467 717- 8�55�=2t5
PA Interfidm Co pi ty Programs'Iac 3
46 E AA Skeet
Getty3burg,TA; 17325
717= 334 =x:513 i
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HC
Page 66M 7496 9006 9296 9215 6654
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HEMAP Consumer Credit Counseling Agencies
CIJ11 .MkLAND County j
Advantage.... *jt'Connselino Service /CCCS of W6terii PA Cor munity.Aetion Commission of Capital Region S
2000 Iuglesfovu Road 1'514 ;Derry Street
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_1atdsburg,PA 17104
388 -511 -2227 717- 232=9757 - I
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HbirsjpkL fance of York/X Housing soil es Maranatha
200 * — PuKarket Street 43 Philadelphia Avenue•
York, PA: 17401 W#nesb.oro, PA 17268
: 11745`5 -2752 717: 7(2 =3265
PathStone. Corporation PathStorte,Corlioratfoa
1625IVoili:firQpt St. 450 Cleveland Ave
Harrisburg, M, 11102 Chambersburg, PA .872111"
717 - 234.616 717 -264 -5914 j
PA Interfaith °Community Programs. Inc PHFA
40.E High Street 211 North Front. Street
Gettysburg, PA 1'7325' Harrisburg, PA 17110
7a7�334 -1518 717- 7801940 800 -342 -2397
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phg�7bf7 71,94. 900j6 9216 9215 66
VERIFICATION
Mary F. Flesher hereby states that he /she is employed as Vice President — Document
Control of CitiMortgage, Inc., the Plaintiff in this matter, and is authorized to make this
Verification. The statements of fact contained in the foregoing Civil Action in Mortgage
Foreclosure are true and correct to the best of my information and belief.
I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904
relating to unsworn falsification to authorities.
By: °%3
Print WarTR Flesher
Title: Vice President — Document Control
employed by CitiMortgage, Inc.
Plaintiff: CitiMortgage ,Inc.
Date: p rtJ �� 2C' 3
FILE #: 13 -1609
NAME: LEVENDA, JOHN
r POWERS, KIRN & JAVARDIAN, LLC
Gregory Javardian, Esquire Id. No. 55669
Jill Manuel - Coughlin, Esquire Id. No. 63252 C € T HIP P ROTHONOTARY
Jolanta Pekalska, Esquire Id. No. 307968
Daniel C. Fanaselle, Esquire Id. No. 312292 ' P �'C 17 r 1 : 2 2
Richard J. Nalbandian, III, Esquire Id. No. 312653
Matthew J. McDonnell, Esquire Id. No. 313549 CUMBERLAND COUNTY
1310 Industrial Boulevard, Suite 202 PENNSYLVANIA
Southampton, PA 18966
(215) 942 -2090 ATTORNEYS FOR PLAINTIFF
CITIMORTGAGE, INC. COURT OF COMMON PLEAS
1000 TECHNOLOGY DRIVE
O'FALLON, MO 63368 CIVIL DIVISION
PLAINTIFF CUMBERLAND COUNTY
VS.
JOHN LEVENDA COMPLAINT IN
1803 WALNUT STREET MORTGAGE FORECLOSURE
CAMP HILL, PA 17011
DEFENDANT
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action you may be
able to participate in a court supervised conciliation conference in an effort to resolve this matter with your lender.
If you do not have a lawyer you must take the following steps to be eligible for a conciliation
conference. First within twenty 20 days of your receipt of this notice you must contact MidPenn Legal Services at
717 2439400 extension 2510 or 800 8225288 extension 2510 and request appointment of a legal representative at no
charge to you. Once you have been appointed a legal representative you must promptly meet with that legal
representative within twenty 20 days of the appointment date. During that meeting you must provide the legal
representative with all requested financial information so that a loan resolution proposal can be prepared on your
behalf. If you and your legal representative complete a financial worksheet in the format attached hereto the legal
representative will prepare and file a Request for Conciliation Conference with the Court which must be filed with
the Court within sixty 60 days of the service you of the foreclosure complaint. If you do so and a conciliation
conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to
work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer you and your lawyer must take the following steps to be eligible
for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a
legal representative. However you must provide your lawyer with all requested financial information so that a loan
resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the
format attached hereto your lawyer will prepare and file a Request for Conciliation
Conference with the Court, which must be filed with the Court within sixty 60 days of the service upon you of the
foreclosure complaint. If you do so and a conciliation conference is scheduled you will have an opportunity to meet
with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the
mortgage foreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUR HOME YOU MUST ACT QUICKLY AND TAKE THESTEPS
REQUIRED BY THIS NOTICE THIS PROGRAM IS FREE.
Date Respectfully submitted,
❑ Gregory Javardian, Esquire Id. No. 55669
❑ Jill Manuel- Coughlin, Esquire Id. No. 63252
❑ J anta Pekalska, Esquire Id. No. 307968
V aniel C. Fanaselle, Esquire Id. No. 312292
ichard J. Nalbandian, III, Esquire Id. No. 312653
❑ Matthew J. McDonnell, Esquire Id. No. 313549
Attorneys for Plaintiff
' Cumberland County Residential Mortgage Foreclosure Diversion
Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance your lender must consider your
circumstances to determine possible options while working with your
Please provide the following information to the best of your knowledge
CUSTOMER/ PRIMARY APPLICANT
Borrower name(s):
Property Address:
City: State: Zip:
Is the property for sale? Yes ❑ No ❑ Listing date: Price: $
Realtor Name Realtor Phone
Borrower Occupied? Yes ❑ No ❑
Mailing Address (if different)
City State: Zip:
Phone Numbers: Home: Office: Cell:
Other:
Email:
Number of people in household How long:
CO- BORROWER
Mailing Address:
City: State Zip:
Phone Numbers: Home:
Office: Cell: Other:
Email:
Number of people in household How long:
FINANCIAL INFORMATION
First Mortgage Lender:
Type of Loan:
Loan Number Date You Closed Your Loan:
Second Mortgage Lender:
Type of Loan
Loan Number Total Mortgage Payments Amount: $ Included Taxes
Insurance:$ Date of Last Payment:
Primary Reason for default:
Is the loan in Bankruptcy? Yes ❑ No❑
If yes provide names, location of court, case number & attorney
Assets Amount Owed: Value:
Home: $ $
Other Real Estate $ $
Retirement Funds $ $
Investments $ $
Checking $ $
Savings $ $
Other $ $
Automobile #1: Model Year:
Amount owed: $ Value:
Automobile #2: Model Year:
Amount owed $ Value:
Other transportation (automobiles boats motorcycles Model) Model:
Year: Amount owed $: Value: $
' MONTHLY INCOME
Name of Employers
1.
2.
3.
Additional Income Description (not wages):
1. monthly amount $
2. monthly amount $
Borrower Pay Days: Co- Borrower Pay Days
MONTHLY EXPENSES
(Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage $ Food $
2nd Mortgage $ Utilities $
Car Payment(s) $ Condo/Neigh. Fees $
Auto Insurance $ Med not covered $
Auto fuel/repairs $ Other prop payment $
Install Loan Payment $ Cable TV $
Child Support/Alimony $ Spending Money $
Day /Child Care Tuition $ Other Expenses $
Amount Available for Monthly Mortgage Payments Based on Income Expenses:
Have you been working with a Housing Counseling Agency?
Yes ❑ No ❑
If yes please provide the following information
Counseling Agency:
Counselor:
Phone Office: Fax:
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program
(HEMAP) assistance
Yes ❑ No ❑
If yes please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your
delinquency Yes ❑ No ❑
If yes please indicate the status of those negotiations:
Please provide the following information if known regarding your lender's or lender loan
servicing company Lender Contact (Name)
Phone
Servicing Company (Name)
Contact: Phone
AUTHORIZATION
I /We authorize the above named to use /refer this information to my
lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /We
understand that Uwe am /are under no obligation to use the services provided by the above named
Borrower Signature Date
Co- Borrower Signature Date
i
Please forward this document along with the following information to lender and
Gregory Javardian, Esquire, lender counsel:
Proof of income
Bank statements to cover the last 60 day period
If self employed, we must have the last 3 bank statements from both their business and personal bank accounts.
Proof of any expected income for the last 45 days
Dodd Frank Certificate
4506T -EZ form
Copy of last two months utility bill
Letter explaining reason for delinquency and any supporting documentation
Hardship letter
Listing agreement if property is currently on the market
Gregory Javardian, Esquire
1310 Industrial Boulevard
2nd Floor, Suite 202
Southampton, PA 18966
(tel) 215- 942 -2090
(fax) 215- 942 -8661
Attention: Panjola Alikaj
Panjola.alikajP_pkjllc.com
(tel) 215- 942 -2090
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy 3 EEC 23 PH 2'
Richard W Stewart
Solicitor :_, ii r kLAi
PEfi tISYLVA ti A
Citimortgage Inc.
vs. Case Number
John Peter Levenda 2013-7428
SHERIFF'S RETURN OF SERVICE
12/19/2013 02:37 PM - Deputy Brian Grzyboski, being duly sworn according to law, served the requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by
"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: John
Peter Levenda at 1803 Walnut Street, Camp Hill Borough, Camp Hill, PA 17011.
3
BRIAN GRZY EPUTY
SHERIFF COST: $44.95 SO ANSWERS,
W. Z.;
December 20, 2013 RON R ANDERSON, SHERIFF
#13-1609
POWERS KIRN & ASSOCIATES, LLC
By: Jill Manuel -Coughlin
Attorney Id # 63252
1310 Industrial Boulevard
2nd Floor, Suite 202
Southampton, PA 18966
Telephone: 215-942-2090
Attorneys for Plaintiff
CITIMORTGAGE, INC.
Plaintiff
vs.
John Levenda
Defendant(s)
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
No. 13-7428 Civil
SUBSTITUTION OF APPEARANCE
PRAECIPE FOR ENTRY AND WITHDRAW OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of: Citimortgage, Inc. and withdraw the appearance of Richard
Nalbandian, Esquire as he is no longer associated with Powers, Kim, & Javardian, now known as
Powers, Kim, & Associates, the firm of record which represents the Plaintiff in this matter.
I hereby certify that this change is not intended to, nor it will it, delay this proceeding to the best of my
knowledge, information and belief Papers may be served at the address set forth below.
Dated:
Jill Man 1 -Coughlin
Attorney Id # 63252
POWERS KIRN & ASSOCIATES, LLC
Attorneys for Plaintiff
#13-1609
POWERS KIRN & ASSOCIATES, LLC
By: Jill Manuel -Coughlin
Attorney Id # 63252
1310 Industrial Boulevard
2nd Floor, Suite 202
Southampton, PA 18966
Telephone: 215-942-2090
Attorneys for Plaintiff
CITIMORTGAGE, INC.
Plaintiff
vs.
John Levenda
Defendant(s)
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
No. 13-7428 Civil
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of Plaintiff's Substitution of Appearance was sent by
first class mail, postage pre -paid, upon the following on the date listed below:
Dated:
John Levenda
1803 Walnut Street
Camp Hill, PA 17011-3975
Jill an oughlin
Attorney Id # 63252
POWERS KIRN & ASSOCIATE LLC
Attorneys for Plaintiff
Q a. - T`:.m' ..eu, ... c**— ,stay.K.-..=...z+e-+ .v4w'tt?. _:. .. - .*1.. ,. Y-' •--- _.. k
4. 4
#13-1609
POWERS KIRN&ASSOCIATES, LLC
JILL MANUEL-COUGHLIN, ESQUIRE Id.No. 63252 •
JOLANTA PEKALSKA, ESQUIRE Id.No. 307968
HARRY B. REESE,ESQUIRE Id.No. 310501 Li',
DANIEL C. FANASELLE, ESQUIRE Id.No. 312292 •-` 'I• I•a
MATTHEW J. MCDONNELL,ESQUIRE Id.No. 313549 21 J
EIGHT NESHAMINY INTERPLEX, SUITE 215 { `` °., i
TREVOSE, PA 19053
(215)942-2090
CITIMORTGAGE, INC. COURT OF COMMON PLEAS
Plaintiff
vs. CIVIL DIVISION
John Levenda CUMBERLAND COUNTY
Defendant(s)
No. 13-7428 Civil
PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE
TO THE PROTHONOTARY:
Kindly mark the above case DISCONTINUED WITHOUT PREJUDICE, upon payment
of your costs.
/ ,
Ilk i 6
❑ ill Ma) el-Coughlin,Esquire Id.No. 252
.
❑ Jolanta Pekalska, Esquire Id.No. 307'
❑ Harry B. Reese, Esquire Id.No. 310501
❑ Daniel C. Fanaselle,Esquire Id.No. 312292
❑ Matthew J. McDonnell, Esquire Id.No. 313549
+ ., Attorneys for Plaintiff
Dated: IL) l
4 #13-1609
POWERS KIRN&ASSOCIATES,LLC
JILL MANUEL-COUGHLIN, ESQUIRE Id.No. 63252
JOLANTA PEKALSKA, ESQUIRE Id.No. 307968
HARRY B. REESE, ESQUIRE Id.No. 310501
DANIEL C. FANASELLE, ESQUIRE Id.No. 312292
MATTHEW J. MCDONNELL, ESQUIRE Id.No. 313549
EIGHT NESHAMINY INTERPLEX, SUITE 215
TREVOSE,PA 19053
(215)942-2090
CITIMORTGAGE, INC. COURT OF COMMON PLEAS
Plaintiff
vs. CIVIL DIVISION
John Levenda CUMBERLAND COUNTY
Defendant(s)
No. 13-7428 Civil
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the Praecipe to Discontinue Without
Prejudice was sent by first class mail, postage pre-paid, upon the following on the date listed below:
John Levenda
1803 Walnut Street
Camp Hill, PA 17011-3975
1
Jill Ma el-Coughlin, Esquire Id.No, 2 --
❑ Jolanta Pekalska,Esquire Id.No. 3079,:
❑ Harry B. Reese, Esquire Id. No. 310501
❑ Daniel C. Fanaselle,Esquire Id.No. 312292
❑ Matthew J. McDonnell,Esquire Id.No. 313549
^ Attorneys for Plaintiff
Dated: lb L' G