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HomeMy WebLinkAbout14-2321 Supreme Coin W, ennsylvania Cour feCd %mo leas For Prothonotary Use Only: ? Docket No: // Count q -tea eivi - ITrm The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other pa ers as required by law or rules of court. Commencement of Action: S l] Complaint © Writ of Summons ®r Petition J Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: , r U.S. Bank National Association, et al. Steven W. Clay and Catherine M. Clay Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? 0 Yes x,a No (check one) x outside arbitration limits f N Is this a Class Action Suit? 0 Yes xi No Is this an MDJAppeal? 0 Yes X No A Name of Plaintiff /Appellant's Attorney: Kristine M. Anthou, Esquire Check here if you have no attorney (are a Self - Represented [Pro Se] 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. i TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS r-11 Intentional Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution M Debt Collection: Credit Card El Board of Assessment fJ Motor Vehicle Q Debt Collection: Other I_+ Board of Elections CI Nuisance Dept. of Transportation © Premises Liability Statutory Appeal: Other S Product Liability (does not include f3 Employment Dispute: E mass tort) Slander/Libel/ Defamation Discrimination C 0 Other: 0 Employment Dispute: Other Zoning Board T E3 Other: I Other: O MASS TORT El Asbestos N l3 Tobacco 0 Toxic Tort - DES © Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste M Ejectment 0 Common Law /Statutory Arbitration B 13 Other: n Eminent Domain/Condemnation r1i Declaratory Judgment Q Ground Rent Mandamus Landlord/Tenant Dispute Non- Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY r-IJ Mortgage Foreclosure: Commercial Q1 Quo Warranto Dental Partition ® Replevin 0 Legal ® Quiet Title 0 Other: Medical M Other: ® Other Professional: Updated 1/1/2011 A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION CIVIL DIVISION AS SUCCESSOR BY MERGER OF U.S. BANK NATIONAL ASSOCIATION ND, NO.: I4 I ON i I 7e Plaintiff, vs. TYPE OF PLEADING STEVEN W. CLAY and CIVIL ACTION - COMPLAINT CATHERINE M. CLAY, IN MORTGAGE FORECLOSURE Defendants. FILED ON BEHALF OF PLAINTIFF: U.S. Bank National Association as TO DEFENDANTS successor by merger of U.S. Bank National Association ND You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF COUNSEL OF RECORD FOR THIS PARTY: ATTORNEY FORTLAINTIFF Kristine M. Anthou, Esquire Pa. I.D. #77991 - i;Dell — .; I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 3121 Michelson Drive, Suite 500 GRENEN & BIRSIC , P.C. Irvine, CA 92612 One Gateway Center ` Ninth Floor AND THE DEFENDANTS IS: — � 1297 Asper Drive Pittsburgh, PA 15222 ...� ,. Boiling Springs, PA 17007 (412) 281 -7650 ::Z,) ATTORNEY FOR PLAINTIFF CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS s 1297 Asper Drive 4Ib?,.75 PQ A TN Township of Monroe 46(o 8 D (CITY, BORO, TOWNSHIP,WARD) li ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION CIVIL DIVISION AS SUCCESSOR BY MERGER OF U.S. BANK NATIONAL ASSOCIATION ND, Plaintiff, NO.: vs. STEVEN W. CLAY and CATHERINE M. CLAY, Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 or Toll Free (800) 990 -9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION CIVIL DIVISION AS SUCCESSOR BY MERGER OF U.S. BANK NATIONAL ASSOCIATION ND, Plaintiff, NO.: VS. STEVEN W. CLAY and CATHERINE M. CLAY, Defendants. CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE U.S. Bank National Association as successor by merger of U.S. Bank National Association ND, by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is U.S. Bank National Association as successor by merger of U.S. Bank National Association ND, which has its principal place of business at 3121 Michelson Drive, Suite 500, Irvine, CA 92612 and is authorized to do business in the Commonwealth of Pennsylvania. 2. The Defendants, Steven W. Clay and Catherine M. Clay, are individuals whose last known address is 1297 Asper Drive, Boiling Springs, PA 17007. 3. On or about November 23, 2011, Defendant, Steven W. Clay executed an Adjustable Rate Note in favor of Plaintiff in the original principal amount of $210,900.00. A true and correct copy of said Note is marked Exhibit "A ", attached hereto and made a part hereof. 4. On or about November 23, 2011, as security for payment of the aforesaid Note, Defendants, made, executed and delivered to Plaintiff a Mortgage in the original principal amount of $210,900.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on December 5, 2011 at Instrument Number 201133705. A true and correct copy of said Mortgage, containing a description of the premises subject to the Mortgage ( "Mortgaged Premises "), is marked Exhibit "B ", attached hereto and made a part hereof. 5. Defendants are the record and real owners of the aforesaid Mortgaged Premises. 6. Defendants are in default under the terms of the Mortgage for the, inter alia, failure to pay the monthly installments of principal and interest when due in accordance with the Note. Defendants are due for the April 1, 2012 payment. 7. On or about January 17, 2013, Defendants were mailed Notices of Homeowner's Emergency Mortgage Assistance Act of 1983 ( "Act 91 Notices ") in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983, as amended. 8. Plaintiff was not required to send Defendants separate Notices of Intention to Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S. §101, et seq., as a result of sending the Act 91 Notices. 9. The amount due and owing Plaintiff by Defendants as of March 10, 2014 is as follows: Principal $210,281.49 Interest to 3/10/14 $ 28,014.13 Late Charges to 3/10/14 $ 470.47 Escrow Deficiency to 3/10/14 $ 5,369.99 Corporate Advances $ 1,504.00 Attorney's fees $ 925.00 Foreclosure Costs $ 369.25 TOTAL $246,934.33 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $246,934.33 with interest thereon at the rate of $37.91 per diem from March 10, 2014, and additional late charges, additional reasonable and actually incurred attorney's fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the Mortgaged Premises. GRENEN & BIRSIC, P.C. Kristine M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281 -7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" Loan NumbL'I1100111111"11111, ADJUSTABLE RATE NOTE (UMOR Una -Year Index (As Published In The Wall Avert Journal) -Pate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT: THIS NOTE UMNTS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE 1 MUST PAY. November 23; 1011 Cincinnati Ohio Nate} Ictyl (shadpj 1297ASPERDR s0i1 NG SPRINGS, PA 17007 IPtolnny Addics6) I RORRO'RWER1 PROMISE TO PAY in retum fora loan that I have received, I pmmisc to pay l.S. 5.210; Itf0.o0 (this amount is called "Principal "), plus interest, to the order of the Gender, The Lender is U. S. [lank National Association N. 17. I will make all payments under this Note in the form of cash, check :or money order. I understand that the bender may Transfer this Notc, The lender or anyone who takes this Note, by transfer and who is entitled to receive payment% under this .Note is called the "Note Holder." 3, WIVAEST Inkiest will be charged on unpaid principal until the APA amunt of Principal has been paid, f will pay interest at a yearly rate of 6.580 %; The interest. rite Twits pay will changa in zaxwdmnce with Section 4 otthis Note. The Interest rate required by this, Section 2,and Section 4 of this 'Note is the rate. "I will pay both betbrc and after any default dcserniflcel in Scctioo WD) of this Nate. 3. PAIV'MLNTS (A) Time and Place of Payments I will pay principal and intereq by making a payment every month. I will make my monthly payment on the first day of each month beginning on January 1, 2012 1 wiq awake these payments every month until I have paid all of IN principal mtd intcrost and any other charges described below that I may owe under this Note. Fach monthly payment will be applied as of its scheduled duc date and ntill be applied to iotcncst bcfom Principal. It. on December 1, 2041 I stilt owe amounts under this None, f will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at 205 'wrest 4111 St, ML: CN -OH -x6 Cincinnati, 011 45202 or ut a different piece itrequircd by the Note Holder. (13) Amount of My Initial Monthly Paymens F•ach of my initial monthly paynien. is will be in Ott amount of iJ,S. S 1,344,15 This amount may change, (GI Monthly Payment Changes Changes in my monthly payment wilt reflect; changes in the unpaid principal of. toy loan and in the`inivml, rate that l mast psy. The Note holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note- U. S. BANK NATIONAL ASSOCIATION N. 0, MODIFIED MULTISTATE ADJUSTABLE -RATE NOTE • WSJ Orie•Year LIBOR - Single Family • Fannie Mae UNIFDRM INSTRUMENT +AtRers lQuwar Financial Servioes Farm x526'6101 VtdP �& -166N iaeWt ax^„e 1&5 4. i\ PR1ST RATE APIA MOT"17FILY PAII.ML T Cf1ANGES (A) Change Dates The interest rate I will pay may change on the first day, of December, :016 and on that day every 121h month thereafter. Each dale on whieh:my interest rate could change is called it "Change :Date," (N) The Index Beginning with the first Change Date. my interest ratc.ufl be based on an Index. The "Index" is the average ofintwfiank offered rates for env -year U.S. dollar - denominated deposits in the London market ("LIBOR"), as published in 77w Wall Symer Journal. The most recent Index figure available as of the date 45 days before each Menge Date- is called the "Current.lndec " if tht Index is no longer avallabie, the Nate Holder will choose a new index which is based upon comparable information. The Note Holder will give menotice of ft choice. (C) Calculation archanges Before each Change Date, the Note Holder will calculate my new interest rate b , Adding Four and 300!1000 percentage points ( 4.300 %) to the Current Index. 37u Note Holder will then round the result of this addition to the nearest one - eighth crone percentage point (0.125%). Subject to the limits stated in Section 4(17) below, this rounded amount will be my new - interest rate unfit the next Change. Date. The Note Holder µill then dot -mine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am txpeMd to owe At the Change Date in full on the Maturity hate at my new interest rate in substantially equal payments, The result ofthis Calculation will be the =v amount ofmy monthly payment (0) Limits auluterest Rate. Changes The interest rate 1 am required to pay at the flrs( Change Bate will not be greater than 11,58046 or less than 6.580 %. Thtivafier, my interest rate will never be increased or decreased on may single Change Date by more than two percentage points from the rate of interest I have been paying for the preceding 12 mtmdas. my Interest rate will never be greater than 12580%, My interest rare will never be less than 6.580%. (F) Effective Date of Changes My new interest rate will become effective on each Change Date. 1 'still pay the amount 01 my new monthly payment beginning on the first monthly payment dulc after the Change Date until the amount of my monthly payment changes spin. (f) Notice of Changes The Note I Inlder will deliver or mail to .mc a notice of tiny changes in my interest rate and the amount of my monthly payment before the effective date of any change.. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. S. BORROWFAIS RIGHT TO PRFPA:Y I have the right to make payments of Principal at any time before they arc due. A payment of Principal only is known As a "PreMyrnent." When I make a . Prepayment. I %III tell the Note Tlotdcr in writing that I am doing so. I may not designate a payment as a prepayment if] have not made all the monthly payments due under the Note. 1 may make a full Prepayment or partial , Pepayments without paying a Prepayment charge. The Note Holder avl use my Prepayments to reduce the amount of Principal That I owe under this Note: However, the Notc Holder may apply my Prepayment to the accred and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. if I make a partial PrepoTment, there will be no changes in the due dates of my monthly payment unless the Note Holder agrees in writing to those changes. MY partial Prcpaynnent may reduce the Amount of my monthly payments after the first Change 'Date following any pattial PmpaymtertL Ho wever, any reduction dote to my pattial Prepayment may be offset by an interest rate increase. 6. LOAN CHARGES if s taw, which applies to this loan and which sets marimam loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with This loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already celloacd from me wfaich exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces 1rincipal, the reduction will be treated as a partial Prepayment. U. S. BANK NATIONAL ASSOCIATION N. D. MooinEo MULTISTATE ADJUSTABLE RATE NOTE - WSJ One -Year LIBOR • Single Family . Fannio Mao UNIFORM INSTRUMENT Form 3626 Blot VMP 0 466N mil. Pse�c+e ?, . BORROWER'S FAILURE TO PAY AS RF.Q(IRED (A) Late Charges for Overdue Payments If the ?rote Holder has not reeeived the full amount of any monthly payment by the end of Is calendar days after the date; it is due, t will psy a hue charge to tho Note holder, The amount of the charge will be 5.0,0 r %. of my overdue payment of'principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If1 do not pay the full amount of each monthly payment on the dote it is due, t will he in default. (0 Notice of Default It I aid in defouii, tie Note Holster may send me a written notice telling me that if t do;not pay the overdue amount. hy, a gain date, the Note Holder may requite me to pay Immediately the full amount of Principal which has not been paid and all. the .interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means, (D) Wo Wainer By Note holder Even if, at a time when I am In default, the Mote Molder does not require me to pay immediately in full as described ubove, the Note Holder will still have the right to do so if I am in default at a later time, M Payment ofNote H'older's Costs and Expenses If the Note Holder has required me to pay immediately In full as described stove, the Note holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent tint prohibited by applicable law. Those expcnscs include, for example,reasonatale auomeys' fees, a. GrvIxG ov Ni oncEs Unless applicable law requires a different method, any notice that most be given to me under this Note will be given by delivering it or by malling it by first class mail to me at the Property Address above or at a different address if t give the Note I'roldcr a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the 'Note Molder at the adilmss stated in Section 3(A) Above or at a different address if am given a notice ofthat different address. 9, OBLIGATIONS OF PERSONS UNI MER THIS NOTE If more than one person signs this Note; each person is fully and personally oblil,+ated to keep all of the'promises made in this Note, including the promise to pay the full amotmt owed. Any person who is a guarantor staety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations ofaguarantor, surety or endorser of this Note, is also obligated to keep ali of the promises made in this Note, The Note Hotdct may enforce its rights under this 'Note against each persrm individually or against all of us together. This means that any' one of us may be required to pay all of the amounts owed tinder this Note. 10. WA(VFRS 1 and any other person who lice obligations under this Note waive the rights of Presentment and Not€ee.of clishonor. "Presentment" means the right to require tike Note Molder to demand payment of amounts due. "Notice of Dishonor" mans the right to require the Note Holder to give notice to other persons that amounts due have not been paid, I]. UNIFORM SECURED NOTE This Note is s uniform instniment with limited variations in some jurisdictions. In addition to the protectirms given tc the Note Holder under this Note" a hfortgarA Deed of Trust, or Security feed (the "Security instrument "), dated the same date as this Note, protects the Note Holder from passible 10 3 ,4 09 which might result if) do not keep the promisor which I make. in this Note. That Security Instrument describes how and under what conditions imay be required to maktirnmediatepayntrat in full of all amounts I owe under this Note. Some of those conditions ate dtwribed as foitows: If Wl or any part of the .Ivraperty or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a benefrclat interest in Borrower is sold or transferred) without Lender's prior Written consent, Under shay require immediate payment in full of all sums secured by this Security Instrument, .Ifowever, this option shah not be aicrcised by bender if such excreisc is :prohibited by Applicable Law,Lcuder also. shall not exercise this option if :(p) Flatrow'ercauses to be submitted to Lender information required by Lender to evaluate the intended transferee as €r a now loan were being made to the transftne; and (b) render reasonably determines that Lender's sccurity will not be. impaired by the ham assumption mid that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. U. S, BANK NATIONAL ASSOCIATION N, 0. MODIFIED MULTISTATE ADJUSTABLE RATE NOTE - WSJ Onr•Year U90A - Siroe F'amay - Famnte else UNIFORM INSTRUMENT Form $526 Vol VMPO4CAN Nw) fpsA.e!5 TO the extent permitted by Applicable Law, Lender mpy, charge a reasonable fee as a ctmdition to Lendces oonscrtt to the loan assumption. Lender may also require the transferce to sign an assumption ogrtxxrtent that is acceptable to. Leader and that obligates the transferee to keep all the promises and ogrooments made in the Note .and in this Scamrily Instrument. 'Borrower %ill continue to be obligated under the .Mote and :this Security Insokmeht untcss Lender releases Borrower in writing. If Lender cxcmiscs the option to retIaire immcdiatepayment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not Icss than 3041 from the date.the notice La given in accordance with Section 15 widiih which Borrowermust pay ali.sums secured by this Security lnstrumcnL if Borrower fails to pay these sums prior to the dxpiration of this period, Lender may invoke any remedies perrnitted by this Security Instrument w'idtout further notice or demand on Borrower. OFAIAtlVI1xR OF PAGE 1N1tN17ONALL "V I.It6T'BLANlIX SIGNATURE PAGE "FOLLOW'.. M S. BANK NATIONAL ASSOCIATION N. D. MODIFIED MULTISTATE AWUSTABLE RATt: NOTE • WSJ Ono -Year LIBOR •.8m94 Famdy • Fannio Mae i1N1lORm INSitiumm Form 3524 6Ai1 VIP *-106N tuwl ,Pne 4 NS PAragraph S is superseded by the Addendum attached hereto and made a part harcat ThrproviAow tontained in the "Addrndam to Nutt" signed by all horrowcrs named herein, are herehy tnearporated into And shall amend and supplement this note. WnNI F-SS THE HANII(S) AND SFAV$) OF TXtl7. UNDL-RSiGNTD. STI',W;N W CLAY Hmrmvbr (Seal) - Hwmntr (Seal) Boffow r (Scat) - flarraurr (veil) �r (Seal) (Seal) - Hrnmaurr (Seal) - Bvrraaer Pvw ;o iginal 09151 U, S. SANK NATIONAL. ASSOCIATION N, b. MODIFIED MULTISTATE ADJUSTABLE RATE NOTE • WSJ OnwYear UhOR - SInO Family - Faama Mae UNIFORM INSTRUMENT Form 3536 W vMP S -766N Iii 7g7a 5 MS PREPA'YUNT ADDFIVDUM TO 'NNOTF, Pennsylvania -First Lien €.= Amount;. 5210,900.00 Loan Num6er:rf Property. 1297 AS'PTR DR BOILING SPRINGS, PA 17007 Borrower: STEVEN w CLAY Lender: Ii, S. Bank National Association N. I), National Banking Association This Prepayment Addendum to Note ( "Prepay Addendum") is made this 33rd day of November, 2011 and is incorporated into and intended to fbnn a part of the Note made by Borrower and Lender dated the same, date as this Prepay Addendum. AddifionA Covenants. Notwithstanding anything to the contniry contained in the Note, any other addenda to the Note or the Security lnstntment, Borrower and Lender agree that the provisions Of this Prepay Addendum shall Prevail over and witl supersede any inconsistent provisions or the Note, Any Other addenda to the Note or the Seourity instrument. Borrower and Lender therefore agree that the provisions in the section of the Note emitted either Borrower's Right to Prepay or Borrower's Payments Before They Are Due are amended in their entirety to read as .fellows; I have the right. to make paymcuts of principal and interest at any time before they are due. A payment ofprincipal only is known as a prepayment (" Prepayment "). When I make a Prepayment, I will tell the Note .I folder in writing that I am doing so. I may not designate a payment as a. Prepayment if I have not mode all the monthly payments due under thi's Nate. The Note Haider will use my Pttpaymcnts to reduce the amount of principal that 1 cnsr under this Mote. However, the Note Holder may apply my Prepayment 10 the accrued and unpaid interest tat the Prepayment antaunt, before applying my Ptepaym crit to reduce the principal amount of this Notc. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes, If l make aprepaymient or partial prbpaymtent of less than Twenty percent ( 30,000 ) of the originnal Principal amount; I will not .pay a prepayment penalty, However, if prior to the end of the 12th month of the Note, I make a prepayment or partial prepayment of more than Twenty percent ( 20,000% ) of the original Principe;] amount, I wit] have 3o pay a pmpaymfent charge, I will not be obligated to pay a Prepayment fee if] make a partial or full Prepayment at any timeatier the First anniversary of the date of my loan. If I matte a full Prepayment within I yettt(s) of die date of my loan, 'I agree to pay the Note Tlolder a Prepayment fee. Tile. Prepayment fee I well pay shall he an amount equal to I percent ofthe Prepayment amount. bard PreMmeat •Addmdow M Km4r . P--f and A. l - t ^age I of 2 US810344 Rov 0=011 NOTICE TO BORROWER( DO NOT SIGN THIS ADDENDUNf BEFORE. YOU READ IT, THIS ADDENDUM PROVIDES FOR THE.PAYMEN7 OF A F' F IP:YOU REPAY THE L OAN BEFORE TAE SCfIP.DLILED MAt RITY DATE SPECIFIED IN TILE NOTE. wrrNFS THE Imms Am) Si:AL(S) OF iNE Is''F'D£R$i r('�I� E' , (Seal) STEVEN"W CLAY (Seal) (5ca1 (Seal) (Seal) (Seal) {Seal ) Hartl AnPasanaiii Addeortuq. i� liars - :Peirent Mtr4 Auiouef Page 2 of 2 US810344 ReV, 0312Ui EXHIBIT "B" 05' 4 fl02H U, $, Bank National Association N. D. 205 West 4th St. ML. C\N- 011 -}t6 Cinoinnuti, Oil 43202 )keturn To: V. S. Bankt*atlonal Association N. D. Attn. Kim Kinlap Rog S 60th 51, tit 2111, MU W- WI -Rf7IM West Allis, Wl 532t4 q{� Parcel Numbcr: 22 -33 -0114 i -6 Promises, 1297 ASM DR R0jj 1T'G SPR INGS; PA 17007 . _ J$p= Ab. Tbit tint far Rteordie; 12131 MORTGAGE 1..oan Number: 8250329126 DERMIJ )NS Words used in muhiplc seetitxrs of this dttcumant arc defined bclnw^ and other words are dcfincd in Sections 3, 11, 13, ix, 20 and 21- Certain rules,regarding tar usage. of'words used in this document are also provided in Section 16. (A) - Sccurily tottrum means this document, obieh is dated November 23, 2011 together with all Ridets to this document. (8) "Burraw is S'ri V(:N W CLAY AND CATME91W M CLAY Borrower is thc. mtvtgagor undo IN$ Security f tAntment. p&Svsv'vwll . sop r-tr - fv,k Murrmaib nee t,Q - FtV M451rdS4eh' cqm 1x3 rA`a . tw WO- 0-0 Faun-4 8!. v— Pap -, 0 17 i, (C) "Leader" is U.S. Hmnk Na6unal Association N: D, Under is a National1Wkiiig AssOCiat.ion organized and exisling under . the laws of NORTH DAK(YrA. 1.cmleYs address is 2135 West 4th St V U.: CNd)N -X6 Cincinnati. 011 d5?fN Lender is the mortgpgee under this Security fnstrtiment. (p) ",Note" means the promissory note signed by BorrmNcr and dated November 23, 2411 The Note states th liamrwer owes Under 1*6liundred Ten Thousand Nine tdanda J and 0()f i06 Dollars (1),& $ 210,900.0() 1 plus interest. Borrower has promised to pay this. debt in regular Periodic Payments and to pay the debt in fill not later than December 1, 2041 (E) property means the property that is cfascribed hcluw under' the ftead;ng "Transfer of Right-, in the Property." (F) "hiss" means the debt evidenced by the Note. plus mare$., any prepayment charges and late charges due under the NOW. and all sums due under this Security Instrument, plus interest. (G) "Riders" mans all Riders to this Security instrument that are exieutcd by.Boitrower. The following Riders .ANto be cx i;uted by Bturo%Wr [,Check box as applicable): ❑ Adjustable Rate Rider ❑ Condominium Rider ❑ Second Homeftider ❑ Balloon Rider ❑ P)annod Unitfkvelopment Ritter ❑ 1 -4 Family Rider ❑ VA Rfdcr ❑ Biw tkly Payment Rider ❑ other(s) (specifi'j (11) "Applicable Lsir" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrativt roles and orders (that have the effect of fats') as well as all applicable final, nun - appealable Judicial OpiniOnC. (f) "Community Association Flues, Fees, and ,asaesmttnts" mean, all dues, fees, asscssmettss and other charges that are imposed on Borrowcr or the Property by a condominium association, homcowners association or similar argani�ation, l (3) "Electronic Funds Tramifer" means any transfer of funds, other 0= a transaction oriamated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account Such term includes, but is not limited to, print -eel -sale transfers, automated teller machine transactions, transfers initiated by telephone, wirctransfirs, and automated etearinghouse transfers. (k') "Escrow Items" means those hems that are described in Section 3. (L) "AltsceWansana Proceeds" mcam uay cumpensation, settlement, award Of damages, or proceeds paid by any third party (other titan insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or dcsttuction of the Property; (ii) condemnation ur'other taking of all or any part of the Pn>perty, (W)con%Tyanee in lieu o f condemnation: or (iv) mistpresetttadims of or omissions as to. the value and/or condition of the Property. (M) " 1iorlgage Insurance" means insurance ptaatecaing Under against the nonpayment of, or default on, the Luaw PEVgMVkdA - S FirtAr -FYnp Vb+siReLMe rt�c trtlfeP.>s PVS'!%Lr ti7 to Wt W ,1" a VWVAT (snYi.00 Wd— Kk r Fib &Mrt3 .'trQM 1.4 17 t i i IN) "Periodic Peyrintni" .means the regularly sr beduled amount due for (i) principal and interest under the Note. plus (ii)any amounts under Section 3 ofthis Security Instrument. (0) "RESPA" means the Real Estate Settlement Pro; dures .+Set (12 11.S.C. Section 2601 ct seq.) and its implementing regulation, Regulation X (24 C,F,R. Part 3500), is they might be amended from time to time. or any additional or successor legislation or regulation that govern% the same subject rnatier. As oscd in this Security Instrument, "R WA" rut'ers to all requircnicnli and restriction that are imposed in regard to a'*dtrally retat, d mortgage loan" even if the Loan does not quality as a "fatlemtly related mortgage loan " under RESPA, (P) "Successor in Interest of Borrower" mean tiny party that has IaLen title in the Property, whether or not that part) has assumed Borrower's obligations under the Note andlor this Security tnsttvmcnt. TRANSAR Of RI(i)fl'i IN THE PROMRTY This Srxurity Insttnutent socurts to Under: (i) the repayment of the Uan, turd all renewals, rmcasions and modifications of the N.ntot and (it) the performance of Bormwer's covenants and agreement under this Security Tnstriawnt and the Note. For this purpose,. Borrower does hereby mortgage, grant and convey to Lendcr the f6ilowing described Property locaicd.inthc County [Type of Recording turisdictioril of CLMT31iIt1.A1IC7 [Name of Recording lurisdictinn['. 51x1 A i` IACTTtvIFNI' rS which currently has the address of 1247 ASITA DR [.Caen) BOILING SPRINGS ICigt , Pennsy'h;utia 17W", ('Lip Cane) ("Property Address') T()Gii'I')iL•"R tt'171T all the improvements now or hereatter erected on the proWrty, and all cascmcuL& appurtenances, nod futures now or hereafter a part of the, property. All replacements and additions shall also be covered by this Security Irimsumcht All of the foregoing is rcl'erred to in Ilik Stturity Instrume m the '°Property." BORROWER COVENANTS that Borrunrcr is lawtuliy seism of the estaic hereby conveyed and hits the right. to mortgage, grant and convey the Prvperty and that the Property is unencumbered, csccpt for encumbrances of record. Aorrmver warrants and will defend venrnvlly the title to the . Property against all claims and demands, subject to arty encumbrances ofrecord. THIS SEC[IRITY WSTRUMF:N7' combines uniform covenants for national use and non- uniform covenants with limited variations by ,jurisdiction in constitute a uniforrm security instrument mvcring real property. IWIFOW COWNi ANTS. Itorrowcr and I.coder covenant and agree as follows_ 1. Payment of Principal, lnteres4 Escrow items, Prepayment t: harits, and late Charges. Borrower shall pay when due the principal o); and interest ern, the debt evidenced by die rote and any prepayment charges and late charges due under die Note. Burrower shall also pay funds for Escrow licros pursuant to Itiwtion 3. Pit)'ments due under the Note and this Security instrument shall he made in U -S. currency. ?Cd.t �s'A!!.x .. ;;;�c' remb'-t a!aN welWaeCr flue +;i��a51 av3TtC M,4? Fnrsn ;d:S +F.. ^. M"JP !t 'dtlt?b;Ry ;.kJ3;eG wbblM KArsv F'kntlal atMC9r npre 1 d <) l g t E I t 1 However, if any check or other instrument received by Lender AS payment under the Note or this Security instrument is :returned to Lender unpaid, i,,emder may require that any or all subsequent payments due under the Note and this Security instrument be made in nne. or more of the following, forme, as selected by Lcndcr: (a) cash; (b) money order, (e) certified check. bank check, trramreYs check or cashitis cheek, provided any such check.is drawn upon an institution 'whnse deposits are insured by a 'federal agency. instrumentality. or entlty: or (d) Electronic Funds Transfer, Payricnts are dvorried received by Under wizen received at the Ivcution designated in the Vote or at such other location as may be designated by. [.coder in accordance with the notice provisions in SecCam 15. Lender may return any payment or partial payment if the payment or partial payments are insufficien: to bring the Liam current. Lender may accept any payment or partial payment insufficient to bring the loan current, without waiver of any rights hereunder or 11mi d iec to its rights to refuse such payment or partial payments in the (inure, but [.ender is not obligated to apply such payrucats at the time such payments are accepted. ff eacit Periodic Payment is applied as of its schodulcd due date, then Lcpdcr need not pay interest on unapptied fund.-. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. if Rorrowrr does not do so within a reasonable period of time. Under shall either apply such funds Or return them to Bourow•er. Knot applied earlier, such funds will he applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Wirrower from making, payments due under the Note and this Security Instrument or perfamung the coyenaots and agreements seedbed by this Security instrument: I. Applicaiimt of Payments or Proceeds. Faccpl as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest duc under the Note; (b) principal' due under the Note: (c) amounts due under Section 3. Such payments shall he applied to each Periodic Payment in the order in which (t became due. Any remaining amounts .shall he applied first to late charges, second to any other amounts due under this 'Security Instrument, and then to reduce the prirtmipai balance ofthe Vote. If Lender receives a payment from HO=vct for a delinquent Periodic payment witch includes 'a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. if more than one .Periodic Payment is outstanding. lxndrr may apply any payment received front Rorrmwer 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 payincrtt of (me or more periodic Payments, such excess may be applied to any laic charges duc. Voluntary prepayments shall bc' applied first to any prepayment charges and then as described in the Note. Any application of payments. insurance proceeds, or Miscellaneous Procec& to principal due under the ;rote shall not extend or postpone the duo date, or change the amount, of the periodic E'symtcnts. 3, Funds for Escrow Items. llorrosva shall pay to Lender an the day Periodic Payments arc due under the Note, until the Note is paid in full, a sum (the "Funds ") to provide for payment of amounts due for. (a) taxes and assessments and other firms which can attain priority over this Security instrument as a lien or encumbrance on the Prorierv; (h) leasrhuld payments or gyound rcnts on the Property, if any; (e) premiums for any and all insurance required by I ender under Section 5: and (d) Mortgage Insurance premiums, if am, or any sums payable by Borrower to lender in rieu of the payment of Mortgage insumnuc. premiums in accordance with the provisions of Section 10. These items are called "F_scrow items." At origination or at any timr.during the term ofthe Loan, Lender may require that Community Assn(iatiart Dues. Fees. and Assessments. i( any. tic escrowed by Borrower. and such dues. fees and assessments shall he an t"sscrow item. Borrtnver shall promptly furnish to Lender all notices of amounts to be paid under this Section. Burrower dtall pay lender the Funds for Escrow Items unless Lender waives Borrower's obligation to;pay' the Funds for any or all Escrow Items. Grn41rn1'A U • Safe. F, d4. i wa mn.reada, Mx JA FORM WSTRIAMW Fam'}]i9 M war a wxrat (rrhce w1,M+s IrRatl ravael Salvos pl ..N fr Lender may waivo Borrower's obligation to pay to 4indet Funds for any or all Escrow Items at any lime. Any such waiver rhay only be in writing. In the event of such waiver. Borrower shall pay directly, when and when payable, the amounts due for any liscrow items for which payment of Funds has been waived by Lender and, if l,endur requires, shall 'thrm(sh ut Lender reciptz evident such payment within such time period as Lender may require. Rtmawces obligaion to make such payments and to provide receipts Shall for all purposes he deemed to be a covenant and agreement contained in this Security Instrument, us the phrase "covenant and agreement" is used in Secton 9. If Brirrrnwiv is ohhgtltd to pa) Tstrowv teems dirccdy, pursuant to a waiver, and Bor faits to pay the amount due Lin an .L•Scrow lien Lender may exercise its rights tinder Section 9 and pay such amount and Borrower Shall then be obligated under Secdnn 9 to repay to Lender any such amount. Lender may revoke the %yaim as to am or all =raw 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 am then required under this Section I Lender'mav, tit any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under PESPA: and (b) not to txcecd the maxr1mum amount a lender can require under RFSPA. 'Lander shall estimate the amount ofFdnds due on the basis ofexmcnt data and reasonable estimates ofexpcndittucs of future Escrow items or otherwise in accordance with Applicable Iatw', The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Under is an institution whose deposits are so imurcd) or in any Federal Humc Loan Flank. Lender shall apply, the Funds to pay the tiscrow Itans no later than the time specified under RF,SPA. Lender shall not charge Borrower for holding, and applying the Fund,, annually analyzing the escrow account, or verifying the Fscrnw IICmS unlrss Lkndcr pays Borrower interest an the Funds and Applicable Law permits Lender to make suth a charge. Unless an agreement is made in writing or Applicable Law requires intcrvsi to be paid an 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 ofthc Funds as required by RGSPA. If there is a surplus of l unds held in escrow, as defined under RUM Linder shall account to Borrower for the excess funds in occrxdanee with ROSPA. If iherc is a shortage of Funds .held in escroNy. as dcfimd under ITSPA, Lender shall notily Borrower as required by RVSPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance wwitt ROSPA, but in no mar! than '12 monthly pa)mteota. If there is a deficiency of Funds tod in esuna, as dcfinccd under 'RFSPA; Lcndor shall nosily Borrower as required by RESPA, end Borrower I shall pay to Lender the amount necessary to make up the denceierecy in accordance with RESPA, but in on more than 12 monthly payments. Upon payment in 'full of all sums secured by this Security Instrument, Lender shall promptly refund to Ilorrowcrinty [tends held by Lender. 4. Charges; Liens. Borrawrr.shall pay all taxes, aciessmants, chargos, fines, and impositions attributable to the 'Plop ay which can attain priority river this Security Instrument. leasthold payments or ground refits on the Property, if any. and Conttftinity Association Dues. FcL-. and Assessments, ifam•. To the extent that these Items arc Escrow hems. Ilotrowvcr shall pay them in the manna prodded in Section 3. Borrowvcr shall promptly discharge any lien which has priority. over this Security Instrument unless Borrower; (a) agrees in writing to the payment of the obligation secured by the lien in a manner acccptalilt to Lender, but only so long as Borrower is performing such agreemcnt: (b) contests the lien in good Iilith by, or defend, against cnforcemcnf of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those pmeccdings arc pending, hilt only until such proceedings arc concluded; or (c) secures from the holder of the lien an agreement salisfactory to Lender sahordinating the lien to this Security Instrument oretvsrivxaa .5 {k s,aly rrnM x, retie s1G; ur:Wv itts[7GVFlrt rem Yb er71 v,m r :ttt�.v rtocnsc wwaea 7at,tr Pomd,1 S,nrn Fps SP 17 If Lender determines that any part of the Property is. subject to a lien which can attain priority over this Security Instrument, Lender'maygive Borrower notice fdtntfying the lien. Within 10 days ofthe date on which that notice is giver, Biurower shall satisfy the lien or take one or more of'the actions six forth above in this Section 4. Lender may require Borrower to pay a one -time charge for a real estate tae verification and/or reporting service used by Lender in connection with this Loan S. Property lnsomirim Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, fivards included within the r> rm "extended coverage," and any other ha7xrls including, but not limited to. earthquakes and floods, forwhich Lender requires insurance This, insurance shall he maintained in the amounts ( including deductible levels) and for the perinds That Lender requires. What Lender requires pulcuant to die preceding sentences can change during the term or ft Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to t xnder's right to disapprove Borrowers choice, which fight shall not be exercised unreasnnahly. Lender may require Borrower to pay, in connection w iih this Loan, either: (a) a one -lime charge fof flood zone determination, certification and tracking services: or (b) a ono<timc Charge for flood zone determination and certification services and subsequent charges each lime remappings ar similarchanges occur which reasonably might affect such determination or certitication. Borrower shall also be responsible for the payment of any fees imposed by the Fcderal Emergency Management Agency in connection with the review oi' any flour 7ruic determination resulting from an objection by Burrower. If Borrower fails to maintain any of the coycr to described above, Lender may obtain insurance coverage, at Lender's option and Borrowers exixnsc. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protcM Borrower, Borrower's equity in the Property, or the contents of the Property. against any risk. hazurd or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coveragee so obtained might significantly exceed the cost or insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section S shall become additional debt of Borrower secured by this Security Instrument. 'ihcic amounts shall hear interest at the Note rate from the date of disbursement and shall be parable, with such intcrest, upon notice from Lender to Burrower requesting paymrenl. All insurance policies required by Lender and renewals orsuch policies shall be subject to 'Lender's right In disapprove such policies. shall include a standard mortgage clause, and shall count Lcn&q as momgagec andrur as an additional loss payee. Lender shall hove the right in hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts or paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender. for damage to, or destruction or. the Property. such policy shall include a standard mortgnge clauuse and shall nwne I wider as mortgagee and/or us an additional loss payee. in the event of toss, Borrower shall .gfnc prompt notice to the insurance carrier and itrider. Lender may retake proof of loss if not made promptly by Borrower. Unless Leader and Borrower otherwise agree in writing, any o insurance proceeds, whether or not the underlying insurimcc was required by Lender, shall be applied to restoration cr repair cif the Properly, if the restoration or repair is economically feasible and Lender's security is not lessened. During such irpair and restoration period, fender shall Have the :right to hold such insurance proceeds until Lcrtticr hag had an upportuniry to inspect such Property to ensure the work has been completed to Lender`s satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration :in a single payment or in a series of progress payments as the-work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall riot be required to pay Borrower any inferest or camings on such proceeds. Fces for public adjustors, or other third parties• retained by Borrower shall not be paid out of the'insuranee proceeds and shall be the sole obhgatinn of Aorrtwver. PFN'ArLUM • UMh MTaf • FXrw VIORPor Msr. U-WMF kiSTRly[nT FN J1V hqr vW t VVM r.I irxnx when MS.'d Mex10 se Pere Bel lT if the restoration or repair is not economically feasible or Lender's security could be lessened the insurance proceeds shall he applied to the sums secured by this Security instrument, whether or not then due, with the excess, if arty, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, l:endcr may tile, negotiate and settle any available insurance claim and related matters. If tknrower does not respond within 30 days it) a notice from Lender that the .Insurance, carrier has offered to settle a claim, then Lender mny negotiate and s dtte the claim.The 30-day period % %it) begin item did; notice is given. In either event, or ii Lender.acquirts the Property under Section 22 tr otherwise. Borrower hereby assigns in Lender (a) Horrow'ees rights to any Insurance proceeds in an amount not to cx=d the amounts unpaid under the Now or this Security Instrtmuem, and (b) any other of Borrowcr% rights (other than the right to arty refund of uncamod prcmiums'paid liy Unrrowdr) under all insurance policies eavMng the Property, insofar as such rights are applicable to the coverage of the 'property. Lender may use the insurance proceeds either to repair or restore the Properly or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Octupaney. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days. after the execution of this Security Instrument and shall continue to occupy the Property as Rorrower's principal residence for al Icasi. one year after the date of occupancy, .rotes Lender otherwise agrees in wtiting, which consent shall not be unreasnnabty withheld, or unless extenuating circumstances exist which are beyond Rorrowces cmdml. 7. Preservation, Maintenance andProttetion ofthe Property tasptettous. itorrowershalt not destroy, damage or impair the Property, allots' the Propcm• to deteriorate or commit waste on the Property. Whether or not liorrmvtr is resitting in the Properiv, Rnrmw•cr shall maintain the Property in order to prevent the Property from deteridmling or decreasing in value due to its condition. Unless it is determined pursuant to 1 5ccdion S that repair or restoration is not economically feasible, Borrmvcr shall promptly repair the Property if damaged to avoid further deterioration or damage, If insurance or condemnation proceeds are paid in connection with damage to. or the taking of. the Property, Narrower shall he respmrsiblc for rcpaiting 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 it) a series of progress payments w the 'work is completed. If the insurance or condemnation proceeds are not sufficient to repair or rester the Property, Borrower is not relieved of Romiker's obligation for the completion of such repair or restoration. Lower or Its agent may make reastrnahle entries am and insprctions of the Property. if i(has reasonable cause, Lender may inspctt the interior orthe improvements on the Property. Lender shall give. Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause, S. Borrower's Loan Application. Borrower shall be in default if, during the Loan application proeess, Ilormwer or any persons or en6iias acting 'at the direction of Ilorrowcr or with Borrimmes knowledge or consent gave materially false, misleading. or inaccurate information or statements to Lender. (or failed to provide Lmilcr with material information) in conneotidn evith the 'I.(=. Material reprewattWons include, but are not limited to, representations concerning LWrmwees ociatpancy of the Pmperty as Borrower's principal tv4durice,. 4. Protection ofl.xnder's interest In the 'Property andRiXbts Ueadtrthis Sectrity Instrument. 11(a) Burrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might signifira ratty affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankropicy, probate, for condemnation or forfeiture, fur cnforcemtnt of a lien which may attain priority over this Security Instrument or to 'enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is rewwriahle tar appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of thr Property, and securing and/or repairing the .Property. FEWISAMIA • arpl: Fume •itnrAe MWiFE Ade AM tli'! a A'6tI4 WA Faro lad set VW D WGrdra Kkw ristad EcrVibs l Fi iJte?iai °air 1 q n lender's actions can include,. but are not limited to: (a),paying any sums secured by a lien which has priority over this Security Instrument; (b) ltppcadng in court; and (c) paying reasonable attorneys feat to protect its interest in the Property andlor rights, under this Security 'Instrument, including its secured position in a bankruptcy proceeding $earring the Properly includes, 'hut is not limited to, entering the Property to make repairs, change tockti replace or board up dome and windows, drain water from pipes, eliminate bu0ding, or other code violations or dangerous conditions, And have utilities turned on or off. Although Lender may take action under this Section 9,, Lender dots not have to do so and ''is not under any duty or obligation o do so. It is agmed that Lender lot= no liability for not taking any oral I actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrowwer s culai by this .Security Instrument. These amounts shall hear interest at the \late rate from the date of disbursement and shall be payabic, with such intmst, upon notice from Lender to Borrower requesting payment: If this Securiy lnstrument is on a leasehold, Burrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Pmpery, the leasehold and the fee thic shall not merge unless Lender agrees to the merger in w7iiing. 10, Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect If, for any reason: the Mortgage Insurance coverage required by lender ccascs to he available from the mortgage insurer that previously provided such insurance and Donmver was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivaltnt to lht Mortgage lnsaranet previously in effect, at a cost substantially equi alcm to the cost w Bmo%ver of tht Mortgage Insurance previously in effect from an alternate mortgage insurer selected by lender. if substantially equivalent Mortgage Insurance coverage is not 'available, Bomnver shall continue to pay to Lender the amount of the separately designated payments that were due when (he insmnce coverage certsed to he in effect. Lender will accept, use and retain these p�ymcnts v a non- trt'undahle loss rtserve in lieu of Mortgage Insurance.. Such loss reserve shall be non -refim fable. notwithstanding (he fact that the Loan is ultimately paid in full, and .Lender shall not be required to trey Born7wer any interest or camings on such loss reserve, Lender can no longer require loss rescrve payments if MmIgugc insurance coverage (in the amount and for the period that Lender rcquires) provided by un insurer selected by lender again becomes available. Is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance, If lender required ;Mongag,e Insurance as n condition of making the I „oan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a nun - refundable loss rcscrve, until Lenders requirement fur Mortgage Insurance ends in accordance with any written agreement between; Burrower and Lender providing for such termination or until te mminadon is required by Applicable Law. Nothing in this Scotian 10 aft4ts Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses lender (or any entity that purchases the ?Vote) for certain losses it may incur if Horrower does not repay the Loan as agreed. Borrowcr is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in In= fromtimeto time, and may enter into agmcmernts with other partits that share, or modify their risk, or reduce 'losses. These agreements are on terns and .conditions that are ptisfact ry to the mortgage Insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any sourer of tUnds that the mortgage insurer may have available (which may include 9tmds obtained from,Mortgoge Insurance premiums). FtN1,%VW1A :Vr* Fels- pail-#It'rrtOL ate UNVORM K37111130M Fyp,3M vo WA- a— r —'s Sago HFi: Ai !err a: Wq 6d f7 As -a resuh of these agreements, I.crtder,.any purchaser of the Note, another insurer, any reinsurer. any other entity, of any affiliate of rmy of the foregoing, may receive (direoxly or indirectly) amotmis thus deriv'c from for might be characterized as) a pmttnn of Borrowurs payments for Mortgage insurance, in exchange for.shtuing or modifying the mortgage Insurer's risk, or reducing losses, If such agreement provides that an afliliateor lender takes a, shire of the insvrces risk in exchange fora.share of the premiums Raid to the insurer, the arrangement is often termed "captive reinsurance," Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agrermcnts will not increase the amount Borrower will owe for Flortgage Insurance, and they will not entitle Borrower to any refund. 16) Any such agreements win, not affect the 'rights Borrower has • if any . with respect to the Mortgage Insurance under the piomeavvaers Protection Act of 19911 or any other law, These rights may Include the right to receive certain disclosures, to requesi and obtain cancellation of the Mortgagt Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such caneellation or termination. If. Assignment oflltiscellancnus Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall he paid to Lender. it the Property is damaged. such Miscellaneous Pros t shall be applied to restoration or repair of the Properly, if the restoration or repair is economically fcasibic and Under s security is not lessened. During such repair and restoration period, Lender shall hove the right to hold such Miscellaneous proceeds until lender has had an opportunity to inspect such Property to ensure the work has been completed to I..ender's satisfaction. provided that such inspection shall he undertaken promptly. Lender may pay for the repair, and restoration in a single disbursement or in a series nfprngrcss payments as the svmk is completed. Unless an agreement is made in writing or Applicable I;aa• requires interest to be paid on such Miscellaneous Proceeds, lender shall not be required to Pay Brmmvcr any interest or earnings on, such Miscellaneous proceeds. if the resionawn or repair Is nrt economically feasible or t cndces security would be lessened, the Miscellaneous Proceeds shall he applied to the sums sccurcd by this Security Instrunitnt, whether or not then due. with the excess, if any, paid to Borrower, Such Miwellaneous Proceeds shall be app'Iicd in the order provided for in Station 2. in the event of a total taking, .destruction, or toss in value of the lroperty, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not then due, with the execs., if any, paid to Borrower, in the event of a partial taking, destruction: or lam in value of the Property in which the fair mhket value of the Property immediately before the partial taking, destruction, sir loss in value Is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in val unit'ms Borrower and Under nthervisc agree in waiting, the sums secured by this Security Instrument shall be rrdoccd by the amount ofthe Miscellaneous Procceds. multiplied by the Mlatving'fraution; (a) the tottil amotmt.of the sums,securcd immediately before the partial taking, destruction, of loss in value divided by (h) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Ac rrower. In the event of a partial takin¢, destruction, or loss in value ofthe in which the fair market value of the Property immediately before the partial toking, destruction, or loss in value is less than the amount of the sums secured immtdiately before the partial taking. destruction, or lass in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. ?rnnCKVM't - SyM rkni(.Fmrir yp,4 Njtr nee L6 VIVA 6 VEGr >ql (W �tYf• if the Property is abandoned by bortvwcr, or if, ulicr notice by I ender to Borrower that the Opposing Party (as defined in the next sentence) offers m make an award to settle a claim for damages, Borrmver Nls.w respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to m"omtion or repair of the Property or to the sums secured by this Security instrument, whether or not then due. "thtposing Party" means the third parley. that owes Borrower Miscellaneous Procceds or the party Against whom Borrower.has a right of action in regard to. Misdellaneous Prnoeeds. Borrower shall he In default if any action or proceeding, whether civil or criminal, is begun that. .in Lender's jutibmtettt, could result in forfeiture of the. Property or other moteriat impairment of fender's interest in the Property or rights under this Security instrument. Bom veer can cure such a.defautt and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Prnperiy or other material impairment of Lender's interest in doe Property or rights under this Sacarity instrument. The proceeds or any award of claim for damages that are aliributable to the Impairment of Lender's interest in the Property am hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to reaoratian or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower To( Released; Forbearance By Lendtr Not a NValver. Extension of the time ror payment or modification of amortization of the sums secured by this Security Instrument granted by Unif to Bornmm or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. "or shall not be required to commence proceedings against any Succcs'sor in interest of ilorm%%tror to reftne to extend time for payment or otherwise modify amortization nr the sums .secured by this Security Instrument by reason of any demand trade by the original Borrower or any Successors in Interest of Bom)w•or. Any forbearance by Lender in exercising any right cc remedy including, without limitation, Lender', acceptance orpayments -from third persons, entities ter Sacceastxs in latcrest of Borrower or in amounts less than the amount then due, shall not be u waiver of or preclude the exercise of any right or remedy. 13. 7oiat sod Several Liability; Co- slgotts; Successon and Assigns Round. Borrower covenants and agrees that llorrowtes obligations and liability Shull be joint and sovcml.'However, any borrower tvho cu -signs this Security Instrument but does not execute the Note (a "assigner ): (a) is co- signing this Security instrument only to mortgage, grant and convey the co- signer's interest in the Property under the terms of this Security instrument; (b) is not personally obligated to pay the sums secured by this Securiry Instrument; and (c) agrees that [.ender and any other Borrower can agree to extend. modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Write without Qtc cu- signer's consent. Subject to the Provisions of Section 18. any Successor in Interest of Borrower who .assumes Borrower's obligations under this Security Instrument in writing, and is approved by Leader, shall obtain all of Borrower's rights and henefits under this Security Instnurtem. Borrower shall not k released from I3ormwces obligations and liability under this Seeurfty instrument unless Lxndcr ugrcds to such release in writing. The covenanw and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14, Loan Cbatttes. Lender may charge Borrower fees for smices performed in connection with Borrower's defoult, for the purpose of providing Lenders interest in the Property and rights tinder this Security Instrument, including, but not limited it% auomeys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this.Smurity Instrument to charge a specific fey to Borrower shall not he construed as a .prohibition on the charging of such fee. Lender may not charge fees that an expressly pmhibltcd by this Security Instrument or by Applicable Law. _.. P _. rem 1tC9 +.ar OteS!1l'AHx .hmlf •F - S'ryY "am4 Wxrpdpi NtC Uh7'LaY YeSTgal(:!:r vm ! w1a06n liner rY,eeoiC 5mloef�'PA' t�rli' NO +a at rz If the saran is Subject to a law which'scis maximum loan cbarges..and that 'low is finally interpreted sq 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 reduced by the amount necessary to reduce the - charge to the permitted limit; and (b) any sums alrcidy collected from Borrower which bxcetded permitted limits will be refunded to Borrower. i.cndcr may choose to make this refund by reducing the principal owed under the folc are by making a direct payment to Borrower. if a refund reduces principal, the reduction will he treated as a partial prepayment withum any prepayment charge (wlrciher or not a prepayment charge is provided fnt 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 iorrower might hate raising out of such overcharge. IS. Nodecs. All notices given by Borrower or Lender in connection with this Security Instrument mast he in writing. Any notice to Bnrrowur in connection with this Security instrument shall be deemed to have been given to Borrower when mailed by first class m!tii or when actualh• delivered to Borrower's notice address if sent by other means, Nuticc to ony rate iiorrmver shall constitute notice to all Bomncrnt unless Applicable (atw expressly requires otherwise. The notice address shall be. the Property Address unicss Borrower has designated a substitute notice address try notice to (..ender. BonTnvcr shall promptly notify Lender of ttorrover's change of address. If Lender specifics a procedure for reporting Borrowds change of address, then Bomver shall only report a change of address through that spe6ficil procedure. There may be only one designated notice address under this Security instrument at any one time. Any notice. to .Lender shall be given by delivering it or by mailing it by first class mail trn Lct dds address stated Herein unless Under bas designated another address by notice to Borrower. Any notice in connection with this Security instrument shall not be deemed to have been given to'Lender until actually rcceiveJ b Lender. If any nutlee required by this Security Instrument is also required under Applicable Law. the Applicable I.aw requirement will satisfy tlto.cnrresputtding, regttirctnent order this Security Instrument, IQ Governing Low; Severability; Ruhr of Construction. This Security Instrument shall be governed by federal )aw and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument arc subject to any requirements and limitations of Applicable i mv. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security lnctrnnennt or the Not which can he given effect without the contiieling provision. As used in this Security Instrument: (a) words of du mac; aline gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sok discretion without any Obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument: 18. Transfer of the Property or a Benefielal laterest in Borrower. As used in this Section 18, "Interest in the Propcny" means arty' legal or beneficial interest in the Property. including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to u purchaser. If all or any pare of the Property or any inures in the Property is sold or transt'trrcd (or if Borrower is not a natural person and a beneficial interest in BorrokAtr is sold or transferred) without Lender's print written conscni, Lemler may require immediute paynnent in full of all -.turns .secured by this Security Instrument. However, this option shall not heexereised by lender if such exercise is prohibited by Applicable Law, PEMMVAVA -4,0 Fin* - Ztan Ma X'* Nor WORM r4TRUVEM Farm .°a'91gt WA 9 V:kM.`#; F11ATyW W'A- ft— F" devices hoe tt A li If Lender exercises this op ion, Lender shall give Borrower notice of acceleration. The ridtice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured ) this Security Instrument. 11 Hunower fails to pay these sums prior to the expiration or dris period, Lender may invoke any remedies permitted by this Security Instrument withratt further notice or demand on Borrower. 14. Borrower's Right to Reinstate After Acaleratioa. 'If Borrower meets certain conditions. Borrower shall have the right to have enforcement of this Security Instrumem discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable I sty might sptcify for the termination of Borrower's right to reinstate: or (c) entry of a judgment enforcing this Security lostrument<. Those conditions art that Borrower: (a) pays Lender all sums which Chun would be due under this Security Instrument and the Note. as If no acceleration had occurred; (b) cures any dcfoult of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security )nsutuocnt. including, but mgt limited to, ma"a attorney} fees, property inspection and valuation fees, and other fees incurred forthe.purpose ofprotecting. Lender's intemst.in the Property and rights under this Security Instrtmtenu and (d) takes such action as Lender may reasonably require to assure that Lenders interest in the Property and rights under this Security Instrument. and 13drrowcrt obligation W pay the sums secured by this'Sccurity Instrument, shall continue unchanged. Lender may require. that Borrower pay such reinstatement stems and cxpenscs in one ormpre or the foilmving forms, as selteted by Under: (a) cash; Ili) money order; (c) certified check, hank check, treasurer's check or cashiers check, prmyided any such check is drawn upon on institution wiuxe deposits are imsurod by a fcdera) agency, instrumentality or entity: or (d) Fectronic Funds Transfer. Upon reinstatement by Borrmwer, this Security Instrument and obligations secured hereby shall remain fully effective as if no accckration had occurred, however. this right to reinstate shall not apply in the case of acceleration under Section IA, 10. Sale of Note; C,houge of loan Stn'irer: )Notice of Oitvante. The Note or a paititd interest in the Note (together with this Security Inswnwnt) can be sold ate or more times without prior notice to Borrower. A sale might result in it change in the entity (kacnvo as the "Loan Services ), that colltet_s periodic Pa).mcros due under the Note. and this Security Instrument and ptrforots other mrutgagc loan servicing obligations under the ;Vote, this Security Instrwncnii, and Applicable Law. There also might be one or more changes of the Loan Scrviccr unrelated to a sale of the Note. if there Is a change of the Loan Scwicer, 'Rorrmwer will be given written notice of the change which will .state the name and address of the ndw Loan Serviccr, the address to which poymtnts should be made and any other information RUPA mquiies in connection with a notice of transfer ofscr'icing. 'If the Note is sold and thcreaticr the Loam is serviced by a Loan Scrvicer other than thc purchaacr of the Note, the otortgage loan,servicing obligations to Florro'cr will remain with the Loan Servicer or be transferred to a successor ;Loan Sorvicer and are not assumed by the Note liumbaser unless otherwise provided by the Note purchaser. Neither Iiormswer nor Under may commence,. join, or he joined to any judicial action (as either an individual litigant or the, member of a class) that arises from the Other party's anions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty mved by reason of. this Security Instrument, . until such Borrower or Lender has notified the other party (with such .notice ,given in compliance with the requirements of Section IS) of such alleged breach and aftbrded the other party hereto a reasonable period after the giving of such notice to take corrective action. ll' Applicable Law provides a time period which must elapse before certain action can be. taken, that time period will he deemed to be reasonable for piuposes or this paragraph. The notice of acceleration and opportunity to cure given In Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 19 shall be deemed to satisfy the notice and opportunity to take corrective action provisions ul'this Section 20. OrWS)V" .90 F.* -F.W. W.-WV. We LXWO .` rYMOEI r ram MM t1At VVP t V"DA) tOW7100 vk x tan. rk war Serve Dm�f G 0 .J i 21. Harardous Substances. As used in this Section 21: (a) "Ilarardous Substances" are those substances defined as rtnic or hazardnas substances, pollutants. or wastes by Environmental Law and the following substances: gusalinc, kcrase ne, other flammable or toxic petroleum produce, toxic pesticides and herbicides, vuhuile solvents, materials containing astsestus or formaldehyde; and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property 'is located that relate to health, safety or environmental protection; (c) "Environmenial Cleanup" includes any 'response action, remedial action, or removal action, ps defined in F.nviranniental Law; and (d) an "Environmental Condition" means a condition that can cause. txntribute to, or othut isc Hpgc atn Envitonsflcntai (;Icanup. Borrinver shall not cause or permit the presence, use, disposal, storage, or release Of any Hazardous Substances, or threaten to release Any llanudous Substances, on or in the Property, floreovver shall not do, nor allmv anyone u to do, anything affecting the property (a) that is in violation of any Environmental latw, (h) which creates an rnvitnnmental Condition, or (c) which, due to the presence, usc. or release of a ITV"dous Substance, creates a condition that adversely Affect,; the value of the Property. The. preceding two sentences :shall not apply to the presence, we, or storage On the Property of small quantities of hazardous Substances that arc.gencrully rccognimil to be appropriate to normal residential tisc5 and to maintenance of the property (including, but not limited to, hamdows substances in eonsurner products). F3nrrower shall promptly give Lender nritten notice of (a) any imrttigation, claim, demand, lawsuit or other uctinn by any governmental or regulatory agency or private. party involving the Property and any Iazardous Substance to 'Environmental Law of which Rorravver has actual knowledge, (h) any Environmental Candit.inn. including but not limited to, any selling, Icalciag, discharge, release or dtreat of rcicase of any Hazardous Substance. and (c) any condition caused In the presence, use a release ofa Haiardmts Substance which adversely afrects the value of the Property. If 4on»wcr )morns; or is notified by any governmental or regulatory authority, or any private party, that any removal or other remciliatlon of any Hazardous Substance affecting the Property is necessary Borrower shall promptly take all necessary rcmediul actions in accordance with Environmental I,aw. Nothing herein shall create any obligation on Lender for an'Enviranmerotal Cltannp. NIN .0 NWORM C.(n`LNANCS, Borrower and Londe further aivanant' and agree as follcnvs: 22, Acceleration; Remedies. Lender sball fire notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in 'this Security instrument (but not prior to acceleration under Section 18 unless Applicable Law provides olhemtoej. Leader shall notify Borrower of, among other things- (a) the default; (b) the action required to cure The default; (c) when the dtfoult must be cured; and (d) that failure to curt the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding And sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in The foreclosure proceeding the non- exislcmc of a default or any other defense of Borrower to acceleration and foreclosure. Ifthc default is not.cured AS specified, Lender at its option may require immediate payment in full ofall sums secured by this Security Instrument uitbout further demand and may foreclose this Security Instrument by judicial proceeding. t,eoder shall be entitled to collect all expenxs incurred in pursuing the remedies pruvidedin this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law, 23. Release. Upon payment of all sums secured by this Security Instrument, this Stcurity Instrument and the estate conveyed shall terminate and become void. Afler such occurrence, Lender shall discharge and satisfy this security Instrument. fiormwer shall pay any .recordation costs. Lendtr may charge Borrower a fee fox releasing this Security lnsintmem, hat only if the foe is paid to a third party for services rcndcrcd and the charging of the fee is permiued under Applicable lAw. Fn4YSriVAVA 4�p r" - rime v rjFmdL. Yu a901Y WS R M0 ram 30.1 tit WoC Vd46,Tai km,X IM1TR�n MMt ibiaaa 59 0$ P*" tl d A i 24. Waivirs. Borrower. to the extent permiuetl by Applicable LatS, waives and rcieases any moror defcars in prtmceedings to anlbrce this .Security Instrument, struent, and hereby waives the benefit of any present or future taws providing for stay of &ecution., cxtcnsion of LIM, exemption from attachment levy and :ale, and homestead exemptiun. 23. Reinstatement Period. Bonowces. time to teinstale provided in Section 19 shall extend to one hour prior to the commencement ofbidding at asheriffs salt another Rate pursuant. to this Security Instrument. 26 purchase honey Mortgage. If any of the debt soured by this Security Instrument is lent to T;IOTTOwt7 to acquire title to the property, this Security Instrument shall W a purchate morev mortgage. 27. Iatrtmet Rate After Judgment. Romowcr rigrces that the interest rule payable otter a judgment is entered on the Notc.or in an action of mortgage foreclosure shall be the rate, payable from time to time under the Notc. RMIXONDER OP.PAGE INTF -NlI N'ALt -V LEFT BLVNIL SIGNA RE PAGES rOIA OW. Pf4NSN YHfl0. - $<qh f1NA1P - Fai�Pp Mau ndOx Ma. ;JfiFQCM M157AUME47 tear. 99a +R;' NP M VN�Fi ?fl 1�t� " ee9 KUta Fftrmai W*4C past I? pY S1tik11NCi RFI,t111, Borrower accepts and agrees to the terms and covenants ccrn(aincd in ibis Security Instrument and in any Ridar cucated by Rormwer and rccurdcd with it, Witnesses; (Seas) STEVEN W CLAY Rminwri c'n fj4FRTNr i4 Cl. AY (Sea() (seal) .SwrowY ADD ITIONAL BGRRO' T.R SIGNI ATUMS ON MY IAM Vl`Y4?'ltlNlt� .$iqe F. Fasxdc WaFcNAC Vac avlRYl..I NSTRAEV Term?414:PY!- rae c tl?/R4 ?Fj yU�Ci}G7 IIY SIGNNG BELONV, Borrower accepts and agcocs to dac trrms and covenants contained in this Security Instrument and in any Ridcrcxccutcd by Borrowcr.and rccmdcd with it Witnesses:. (Seal) - H,'tttUw(y (Scat) - fiirrowas •timrowat (Seal) - ilwmwer cnr�vcuvu -sue a.�;a r,na. n.nar. NKtfi7dnv aS'pwe r f«e.a�sa Vft" KkN R—dr SlevKef Pe]9 14 6' 17 COAMMONVEAlMl OFPFANMLY.ANIk Cid,416ER1[.A,gD Countyss: On this. the Drd day of "Yovcmtitr, 2011 titrore me, the: undersigned ortieer, personally appeared STEVEN W CLAY CA't IERVC M CLAY known to -me (w satisfackwily pr( cn) to be the persons) whose namds) istare suIrKribed to the NNilbin insrirmcnt and acknowledged lhel'hclsheithey esecuttd (lie .amc !ur the purports htmin OXItainA. IN WITN&%' W IE` 01" t hereunto s41 my hared and uffieial seal. My Cnmmissiun Expires; J'irr� "�'3 2� %i i.{ Mp �gi F ENASyLvANI A SnDt 1Atd�6 � ��1,�fYr+d �Mi 14itOCtSite'� Nn(JnBs MCr� Certiirrcate ofuaida" 1, A—r-fA � dq lier W etitify that t1w correct addams of the uAlirrnanlerl Mortgagee is i S / : /t,/%! r/OA fJ-6. .44PSO0— .1A Witness to hand this y at' /t` d � R oll ,;201; " p(/ 51'`4l P' elA)d 1A,6 7T AN- ' Agcau nr Merv,; gm :ENMYL - &l* FW14 POO- MebOWU M30'AI MA Owi'n'UYfr �bM1� ]k>sY lJfi Op 'AP*P MTtUG NVittn VA" r'."wM cen+cer �Ga .p ADJUSTABLE RATE RIDER (LIII0R One -year Jude%tits Published In 771e Wall kreet :laurnol) -Rate traps) Loan Number :4� THIS ADJUSTABLE RATE RIDER is made this 23rd day of November, 2011 and is incorporated into ,and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument ") of the same date given by the undersigned (the "Borrower") to secure Borrowers Adjustable Rate Note (the "Note") to U. S. Bank National Association N, 0. (the "Lender") of the same date and covering the property described in the Security Instrument and located at, 1297 ASPER DR BOILING SPRINGS, PA 17007 (Property Addressj THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM .RATE THE BORROWER MUST PAY, ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A, INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 6.580 %, The Note provides for changes in the Interest rate and the monthly payments as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of December, 2016 and on that day every 12th month thereafter. Each date 'nn which my interest rate could change is called a "Change Date " U, S. BANK NATIONAL ASSOCIATION N. D. MODIFIED MULTISTATE ADJUSTABLE RATE RIDER -WSJ One -Year LIBOR • Single Family • Fannie Mae UNIFORM INSTRUMENT Form 3189 6141 Wolters Kluwer Financial Services VMP Bi 46SR (0806) Page 1 of 4 Inhiais:d DDS-01) (B) The index Beginning with the first Change Date, my interest rate will be based on an Index,. The "Index" is the average of interbank offered rates for ono -year U.S. dollar- denominated deposits in the London market ( "LIBOR', as published in The Wail Street Journal, The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index." If the index is no longer available, the Note Holder will choose a new index which Is based upon comparable information, The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding Four and 300/1000 percentage points { 4.300 %) to the Current Index, The Note Holder will then round the result of this addition to the nearest one - eighth of one percentage point (0.125%). Su*.d to the tlmits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The.Note Holder will then determine the amount of the monthly payment that. would he sufficient to repay the unpaid principal that I am expected to owe at the Change Date In full an the maturity date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rata Changes The interest rate I am required to pay at the first Change Date will not he greater than 11,580 % or less than 6.580 Via. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than two percentage points from the rate of Interest I have been paying for the preceding 12 months. My interest rate will never be greater than 12,580 %, My intarest rate will never be less than 6.580 (E) Effective Date of Changes My new interest rate will become effective on each Change Date. 1 will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date tmtti the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder MR .defiver or mall to me a notice of any changes in my interest rate and the amount of my monthly: payment before the effective date of any change. The notice wip include information required by law to be given to.me and also the title and telephone number of a person who MR answer any question I may have regarding the notice. U. $. BANK NATIONAL ASSOCIATION N. D. MODIFIED MULTISTATE ADJUSTABLE RATE RIDER -WSJ One -Year LIBOR :.Single Family. - Fahnie Mae UNIFORM INSTRUMENT VMP 0-166R (0606) Page 2 of 4 Initial Form 31188 61111 DIri•I.R>) s B, TRANSFER OF THE PROPERTY OR .A BENEFICIAL INTEREST IN BORROWER Section I of the Security Instrument is amended to read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18 "Interest in the Property" means any legal or beneficial Interest In the Property, including, but not Ihnited to, those beneficial interests transferred In a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent, of which Is the transfer of title by Borrower at a future date to a ,purchaser. It all or arty 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 Lenders prior written consent, Lender may require immediate payment In full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender.if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option If: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lenders security mil not be Impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may Charge a reasonable fee as a Condition to Lenders consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made In the Note and in this Security Instrument, Borrower will continue lobe obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice, shall provide a period of not less than 30 days from the date the 'notice is given in accordance with Section 1$ within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these. sums .prior to the. expiration of this period, Lender may Invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. U. S. BANK NATIONAL ASSOCIATION N. 0, MODIFIED MULTISTATE ADJUSTABLE RATE RIDER - WSJ One-Year LIBOR Sin le Family - Fannie Mae UNIFORM INSTRUMENT VMP 0 •186R (0806) Page 3 of 4 Initlals; - Form 3189 6101 DDS-1,111) BY SIGNING BELOW. Borrower aocepis and agrees to the terms and covenents.contained in this Adju ble Rate Rider.. (Seal) STEVEN WCI:AY - Borrower (Seal) CATHERINE M CLAY - Borrower (Seal) orrower (Seal) .Borrower V. 8, BANK NATIONAL ASSOCIATION N. O. MODIFIEO MULTISTATE ADJUSTABLE RATE RIDER - WSJ One -Year LIBOR - Single Family - Fannie Mae UNIFORM INSTRUMENT VMP ® 166R (0806) Page d of form 3188 6101 • xn.t,xn CxhiDtt A tLeeut UexrlotWnl ALL THAT PARCEL OF t..ANT) IN TOWNSHIP OFMONROE. (V. MB�RLAND COUNTY. COMMONWEAL111 OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 264, PAGE 208, IDIt 2 -33 -0043.016, BEING KNM N AND DESIGNATED AS 13EGINNING AT A POINT.OA` THE CASTERN LINE OF ASPER DRWT, (50 FELT WIDE), AT THE LINF. DIVIDING LOT NOS. 57 AND 56 AS SItOWN ON SAIDPI,AN AND TN THE CFNTER OF A 30 FWT WIDE WATER LINE EASEMENT; TI3FNCF FROM SAID BEGINNING POINT BY THEBASTERN LINE OF ASPER DRIVE BY A CURVE TO 11{E,LEFT HAVING A RADIUS OF 175 FF;ET THE' AAC LENGTH Of %,21 FEET AND A C110RD I ;rN( Of 94.87 PFET MEASURED ON A CHOW) HEARING OF NORTII 26 DE:ORFF:S 29 MINUTES WENT TO A POINT; THIN U BY THE LINE DIVIDING LOT NOS. $5 ANT) 56 AS SHOWN DN SAM PLAN NORTH 41 DEGREES 34 MINUTES EAST 29.1 FEET TO A POlNT;'1'HFN('T: BY (TIER PROPERTY NOW OR FORMERLY OF PENN PRODUCTS L'ORPURA'TTON SOUTH 21 DEGRERS 18 MINUTES I:.AST 266.23 FELT WA POINT r.. ,r}tl? LING DIYIOING TOT NOS. 56 AND 57 AS SHOWN ON SAID PLAN ANT) TN TITS CATER OF A 30 FEkT WIDE WATER 1 911 EASVI- ItNT;11JENCL BY nu.: DIVIDING LINE BETWEEN LOT NOS. 56 AND 57 AND THr cENTER OF SAID 30 FeET t3TDF WATER LINE EASEMENT, SOUTIT 75 DFORFES 50 MINUTES WEST 255 FT FT TO THE PLACE OF BEGIINNING. UNDER AND SUBJRCT'TOTHE BUILDING LINTS, COVIiNAII I'S. RESTRICTIONS AND RESERVATIONS AS RF.COkD'FD WITH THE PLAN OF LOTS SECTION "A' OF WHITE ROCK ACRES IN PLAN BOOK 20, PAGE 40, DEED FROM HERI, R. PRIJ I MAN JR RY HIS ATTORNEY T4 FAGTSCOTI' K PRUTni" AS SET FORTH IN DFSD BOOK 264, PAGE 209 DATED 0710117004 AND RECORDED O7108.12004, CUMBERLAND COUNTY RECORDS, MMMONINEALTH OF PENNSYLVANIA. Pty 0 4 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 _ 717- 240 -6370 Instrument Number - 201133705 Recorded On 12/512011 At 1:02:51 PM * Total Pages - 23 • Instrument Type - MORTGAGE Invoice Number - 97902 User ID - RZ • Mortgagor - CLAY, STEVEN W *.Mortgagee - U S SANK N A • Customer - AMC SETTLEMENT SER LLC • FEES STATE WRIT TAX $0.50 Certification Page STATE JCS /ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES - $47.50 RECORDER OF DEEDS This page is now part PARCEL CERTIFICATION $10.00 of this legal document. FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $98.00 I Certify this to be recorded in Cumberland County PA pf ik O xo RECORDER O D DS rasa - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 002HGO Ill Iilllllllllllllllllllllll VERIFICATION Melanie R. Manalansan , Officer and duly authorized representative of U.S. Bank National Association as successor by merger of U.S. Bank National Association ND, deposes and says subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities that the facts set forth in the foregoing Complaint are true and correct to her information and belief. U.S. Bank National Association as successor by merger of U.S. Bank National Association ND Name elanie R. Manalansan Title �1 10fficer Sworn bscribed before me this day of , 2014. Notary Public Clay CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 � ee Attached Document (Notary to cross out lines 1-6 below) S ee Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) ... . ..... . --------------------------------- 3— ------------------- --------- 6 Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) State of California Subscribed and sworn to (or affirmed) before me County of Ora 11 A e- on this 4 day of 20 by Date Month Year (1) RACHELLE MERCADO (2) Commission # 2040917 Name(s) of Signer(s) z Notary Public - Cali z z Orange County proved to me on the basis of satisfactory evidence My Comm. Expires Sep 9.2017 to be thh?e5on(s) who appeared before me. Sig ature— Place Notary Seal Above -- J Signature of Notary Public OPTIONAL s Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: & ((" Number of Pages: 14 Signer(s) Other Than Named Above: /0 Ev 0 2013 National Notary Association www.NationalNotary.org • 1-800-US NOTARY (1- 800 - 876 -6827) Item #5910 FORM 1 U.S. Bank National IN THE COURT OF COMMON PLEAS OF Association, et al. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) _< _ µy .i CD —r^; ary V5.(") —— s Steven W. Clay and Catherine M. Clay Defendant(s) Civil 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)243 -9400 extension 2510 or (800) 822 -5288 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 the 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 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 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 THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date Signature of Counsel for Plaintiff FORM 2 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: CUST OMERIPRIMARY APPLICATIO 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: # of people in household: How long? C O-BORRO WER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INF ORMATIO N 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 and 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: Asset 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: Year: Amount owed: Value: Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net 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 paving) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" Mortgage Utilities Car Payment(s) Condo /Neigh. Fees Autolnsurance Med. (not covered) Auto fuel /repairs Other Prop. Payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and 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: J. .O 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? Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTH 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 I /we am /are under no obligation to use the services provided by the above named Borrower Signature Date Borrower Signature Date Please forward this document along with the following information to lender and lender counsel: V Proof on income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation V (hardship letter) Listing agreement (if property is currently on the market) V Copy of 2 years of federal income tax returns V Copy of deed Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ()VC, ICE OF THE$4 RFF -� -r" rn 2:2:3 —< cr) -- r *7 (.0 US Bank Trust National Association vs. Steven Clay (et al.) Case Number 2014-2321 SHERIFF'S RETURN OF SERVICE 05/12/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Steven Clay, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 1297 Asper Drive, Monroe Township, Boiling Springs, PA 17007. Residence is vacant and to this date the Boiling Springs Postmaster has been unable to provide a good forwarding address. 05/12/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Catherine M Clay, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 1297 Asper Drive, Monroe Township, Boiling Springs, PA 17007. Residence is vacant and to this date the Boiling Springs Postmaster has been unable to provide a good forwarding address. SHERIFF COST: $60.78 SO ANSWERS, May 12, 2014 (C) iCountySuite Sheriff, Te(eosoft. Inc. RONNY R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION CIVIL DIVISION AS SUCCESSOR BY MERGER OF U.S. BANK NATIONAL ASSOCIATION ND, NO.: 14-2321-Civil Plaintiff, VS. TYPE OF PLEADING STEVEN W. CLAY and Praecipe to Reinstate Civil Action - CATHERINE M. CLAY, Complaint in Mortgage Foreclosure Defendants. FILED ON BEHALF OF PLAINTIFF: U.S. Bank National Association as successor by merger of U.S. Bank National Association ND COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN& BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 t � IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION CIVIL DIVISION AS SUCCESSOR BY MERGER OF U.S. BANK NATIONAL ASSOCIATION ND, NO.: 14-2321-Civil Plaintiff, VS. STEVEN W. CLAY and CATHERINE M. CLAY, Defendants. ' :z CD -. PRAECIPE TO REINSTATE CIVIL ACTION- > COMPLAINT IN MORTGAGE FORECLOSURE TO: PROTHONOTARY SIR: Kindly reinstate the Civil Action- Complaint in Mortgage Foreclosure with respect to the above-referenced matter and mark the docket accordingly. GRENEN& BIRSIC, P.C. B*// �LG� Kristine M. Anth u, Esquire Attorney for Plaintiff l 1. 7Spa a � l 01 �V jyc/o� SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody t^ � ' S Smith � •_i .��., � � �' a �• t Chief Deputy Richard W Stewart ND Solicitor . .. . P EL:l'i iN S US Bank Trust National Association Case Number vs. 2014-2321 Steven Clay (et al.) SHERIFF'S RETURN OF SERVICE 06/23/2014 07:23 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: Catherine M Clay at 133 Old Stonehouse Road S, Monroe Township, lisle, PA 17015. BRIAN GRZYBO I, P 06/24/2014 08:33 PM- Deputy Noah Cline, 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: Steven Clay at 901 S. Spring Garden Street, Lot 52, South Middleton, Carlisle, PA 17015. NOAH CLINE, DEPUTY SHERIFF COST: $57.56 SO ANSWERS, June 25, 2014 RbNW R ANDERSON, SHERIFF