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HomeMy WebLinkAbout08-04-14 IN THE REGISTER OF WILLS IN AND FOR CUMBERLAND COUNTY PROBATE DIVISION STATE OF PAp Y z � ya T �T C �iC ✓ CA m:r SC': IN THE MATTER OF THE ESTATE OF c�a BENEDICT EUGENE TODT Case No.: 2014 ,]7 Deceased. o - C-9 STATEMENT OF CLAIM The undersigned hereby presents for filing against the above estate this statement of claim and alleges: 1. The basis for the claim is: Bank of America,N.A., successor by merger to BAC Home Loans Servicing, LP. ("Claimant") is the servicer filing this claim on behalf of the lien holder on property located at 828 Torway Rd., Gardners,PA 17324. 2. The tax identification number for the claimant 95-4797107. The name and address of the Claimant is: Bank of America, N.A, 1757 Tapo Canyon Rd., Simi Valley, California 93063. Name and address of Claimant's attorney is: NA. 3. The claim is/is not contingent or unliquidated: NA 4. The claim is secured. The security consists of a single family dwelling located at 828 Torway Rd., Gardners, PA 17324 and more commonly described as See attached Legal Description marked Exhibit"A". Also attached hereto is a copy of the Promissory Note marked Exhibit"B" and Deed of Trust for the above referenced security marked Exhibit"C". 5. The payoff amount of the loan, valid through August 11, 2014, is $110,725.93. See attached Exhibit"D". Under penalty of perjury, 1 declare that I have read the foregoing, and the facts alleged are true,to the best of my knowledge and belief. Signed on July 31, 2014 Claimant By: ana AVP O rations Team Manager V v Kzbbk"A' ALL THATPARCEL OF LAND DL TOWNLSIM OF=KVISOK CUMBERLAND COUNIY,O0I9DNWEAL7H OF PENNSYLVANIA.BEDC KNOWN AND D(SR:NATED AS LOT S.MANDY MANOR.FILED IN PLAT BOO&48,PAGE 102, MELBS AND BOUNDS PROPERTY. BY FEE SDB'IE DEED,FROM WAYNE B.OM SN AND SMRIEY D.OGBURN, HUSBAND AND WIFE AS SEi FORTH IN D®BOOR X7.PAGE 1086 DATED 0I114r2M AND RBOORDED 01!262806,CUMBERLAND OOUNLY RBODRDS, OOMIKDNWPALTHOFPE NSYLVANIA. TudPooa Hk M164010-tM EXHIBIT FEBRUARY 12, 2011 GARDNTERS PENNSYLVANIA [Duel Intyl Isasei 828 'TORWAY RD, GARWERS, PA 1732$ [Property Addcess] 1. BORROWER'S PROMISE TO PAY In return for a loan that t have received, I promise to pay U.S. $126,000.00 (this amount Is called "Principal"), plus interest,to die order of the Lender.The Lender is BANK OF AMERICA, N.A. f will make all payments tinder this Note in the form of cash,check or money order. . I understand that the Lender may transfer this Note,The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the"Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay Interest at ayearty rate of 4,125 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(8) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the FIRST day of each month beginning on APRIL 01, 2011 1 will make these payments every mouth until I have paid all of the principal and Interest and any other charges described below,that I may owe under this Note.Each monthly payment will be applied as of Its scheduled due date and will be applied to interest before Principal.lf,on MARCH 01, 2026 1 still owe amounts under this Note,I will pay those amounts in full on that date,which Is called the"Maturity Date," I wilt make my monthl}}r ppaayyments at P.O. Sox 650070, t)a11as, TX 95205-0070 or at a different place If required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.&$939�92 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment,I will tell the Nate Holder in writing that I am doing so.I may not designate a payment as a Prepayment I']have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge, The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note.However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or In the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law,which applies to this loan and which sets maximum 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 cbarge to the permitted limit; and (b) any stuns already collected from me which 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 Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note 1-folder has not received the frill amount of any monthly payment by the end of FIFTEEN calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default J If I do not pay the full amount of each monthly payment on the date it is due;t will be m default. �/ *�l� L( EXHIBI MULTISTATE FIXED RATE NOTE--Single Family-Fannie Maelrreddle Mac UNIFORM INSTRUMENT f=orm 3200 1101 Even if, at a tune when I am In default, the Note Holder does not require the to pay immediately in full as described above,the Note Holder will still have the right to do so if I am in default at a later tine . (E)'Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above,the Note Holder will have the right to be paid back by me for all of its casts and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include,for example,reasonable attorneys'fees, 7, GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if[give the Note Holder 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 Holder at the address stated in Section 3(A)above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If mom than one person signs this Note,each person is fully and personally obligated to keep all of the promises made in this Nole, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things.Any person who lakes over these obligations,Including the obligations of a guarantor,surety yr endorser of this Note, is also obligated to keep all of the promises made to this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together.This means that any one of us may be required to pay all of fire amounts owed under this Note. S. WAIVERS I and any other person who has obligations under this Nate waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor' means(fie flgbt to require the Note Holder to give notice to other persons that amounts due have not been paid. I0. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdlclions.In addition to the protections given;to the Note Holder under this Note, a Mortgage,Deed of Trust, or Security Deed (die"Security Instrument"),dated the same date as this Note. protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I awe under this Note.Some of those conditions are described as follows: IF all or any part of the Property or any Interest In the Property is sold or transferred (or If Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Leader's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, tender shall give Borrower notice of acceteration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower falls 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. WITNPSS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. I �e , (Seal) (Seal) -BENEDSCT E. TOOT -Borrower -Borrower goo Prepared Hy: LAURA J. HITCHCOCK BANK OF AMERICA, N.A. 6100 OAK TREE BLVD, SUITE 310 INDEPENDENCE OH 44131 Phone: (877)318-6189 Recording Requested By oturn o: Chicago Title ServiceLink Division 4000 Industrial Blvd 7 Aliquippa,PA 15001 Parcel Number; 08-16-0210-126 Premises: 828 TORWAY RD GARDNERS PA 17324 ISpeu Above TbU Wer For Recordlee morel 2512293-1 [Escrow/Closing 81 [IOC ID 91 MORTGAGE PENNSYLVANIA.-Shgle FaMIy--Famle use/Freddie Mae UNIFORM INSTRUMENT(MERE) Form 9030 1001 MERS"gage-PA 1005A-PA(09110)(dl) Page 1 or T! NN 1I11IpMMp11II'I�'','11 •ale w EXHIBIT�� C ��� � (pldtKu'fi&erE3?'�3!z'.-a�$^?1n�M$Ff F i �.. y �. } +x 'X DOC ID #: DEFINrI7ONS Worts used in multiple secttoAs of this document are defined below and other words are dented in Sections 3, 11, 13, 18,20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security lustrumeat"means this document,which is dated FEBRUARY 12, 2011 together with all Riders to this document (8) "Borrower"Is - ... BENEDICT E TOOT, AND DARLA M TORT, HUSBAND AND WIFE Borrower is the mortgagor under this Security instrument. (C) ,MERS"is Mortgage Electronic Registration Systems,Inc. MERS B a separate corporation that Is acting solely as a rmminee for Lender and Lenders successors and assigns. MERS is the mortgagee under this Security instrument. MERS is organized and existing under the laws of Delaware,and has a nulling address of P.O.Box 2026,Flint,Ml 48501.2026.and a street address of 3300 S.W.34th Avenue,Suite 101,Ocala,EL 34474. The MERS telephone number is(888)679-MFRS. - (D) "Lender"is BANK OF AMERICA, N.A. Lender is a NATIONAL ASSOCIATION - organized and existing under the laws of THE UNITED STATES Lender's address is lot South Tryon Street Charlotte, NC 29285 (E) "Note"means the promissory note signed by Borrower and dated FEBRUARY 12, 2011 The Note states that Borrower owes Lender ONE HUNDRED TWENTY SIX THOUSAND and 00/100 Dollars N.S.$ 12 6,000.0 0 )plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than MARCH 01, 2026 (F) "Property"meats the property that is described below wrier the heading'TromferofRights in the property.,, (G) "Luo"means the debt evidenced by the Note,plus interest.any prepayment charges and late charges due under the Note,and all sums due under Ills Security Instrument,plus Interest. (N) "Rider" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be exerted by Borrower)cheek box as applicable): PENNSYLVAlSM•S1ngJ.Famib,+ande M"Wreddta Mac UNIFORM INSTMAENT(MERS) Form U39 Vat MERS MmgugaPA 1006A-PA(09110) Page 2 d 17 DOC ID #: ❑ Adjustable Rate Rider ❑ Cotdominlum Rider ❑ Second Home Rider El Balloon Rider ❑ Planned Unit Development Rider ❑ 1-4 Family Rider ❑ VA Rider ❑ Biweekly Payment Rider ❑ Other(s)Ispecifyl (1) "Applicable Low"means all controBfng applicable federal,state and local statutes,regulations,ordinances and administrative rules and orders(that have the effect of law)as well as all applicable final,non-appealable judicial opinions. (J) "Community Association Dues,Fees,and Assessments" means all dues, fees,assessments and other charges that are imposed on Borrower or the Properly by a enndominium association,homeowners association or similar organization (K) "Electronic Funds Tranarer"means any transfer of funds,other than a transaction originated by check, draft, or similar paper instrument, which is Initiated through an electronic terminal, telephonic instrument, computer, m magnetic tape so as to order, Instruct, or authorize a firanclal Institution to debit or credit an account. Such term Includes,but is not limited la,point-of-sale"halm,automated teller machine transactions. transfers initiated by telephone,wire iransfem.and automated clearinghouse transfers. (L) "Escrow Items"means those items that are described in Section 3. (M) "Miscellaneous Proceeds"meads any compensation,settlement,award of damages,or proceeds paid by any third party(other than Insurance proceeds paid under the coverages described in Section 5)for (1)damage to, or destruction of, the Property; (it) condermotion or other taking of all or any part of the Property; (Iii) mmeyance in lieu of condemnation; or (iv) misrepresentations of,or omissions as to, the value and/or condition of the Property. IN) "Mortgage Insurance" means Insurance protecting Lender against the nonpayment of, or default on. the Loan. (0) "Periodic Payment" means the regularly scheduled amount due for(1) principal and interest under the Note,plus(ti)any amounts under Section 3 of this Security Instrument (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and Is implementing regulation Regulation X (24 C.F.R. Part 3500).as they might be amended from time to time, or any additional Or successor legislation or regulation that governs the same subject mater. As used in this Security Instrument "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan"even if the Loan does not qualify as a"federally related mortgage loan'under RESPA. (Q) "Successor In Interest of Borrawer"means any party that has taken title t0 the Properly,whether or not that parry has assumed Borrowers obligations miler the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (I) the repayment of the Loan and all renewals,extensions and modiflwtions of the Note;and(t)the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose,Borrower does hereby mortgage,grant and convey to MERS(solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS,the following described property located in the PENNSYLVANIA Single Famay--Fannie MielFreddie Mac UNIFORM INSTRUMENT(MERS) Form311391101 MERS Mortgage-PA 1 DOM-PA(09110) Page 3 ut 1 r i i DOC ID g: COUNTY at CUMBERLAND e hype ofRavrd1MJmUdkdoal Ittone M RecordingJundtnionl . SEE EXHIBIT 'A' ATTACHED HERETO AND MADE A PART HEREOF, which currently has the address of ' 826 TORWAY RD, GARDNERS , isurommy) Pennsylvania 17324 ("Property Address'): MP Co* TOGETHER WITH all the improvements now or hereafter erected on the property,and an easements, appurtenances•and fixtures now or hereafter a pat of the property, All replacements and additions shall aim be covered by this Security Instrument AB of the foregoing Is relented to in this Security Instrument as the "Property.' Borrower understands and agrees that MERS holds only legal title to the Interests granted by Borrower in this Security Instrument,but,if necessary a comply with law or custom,MERS(as nominee for Lender and[.tenders successors and assigns)has the right:to exerclse any or all of those Interests,Including,but not limited to.the right to foreclose and sell the Property:and to take any action required of Lender including, but not limited to,releasing and araenng this Security Inaument. ' BORROWER COVENANTS that Borrower Is lawfully setsed of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property Is unencumbered, except for encumbrances of record. Bormwat warrants and will defend generally the tide to the Property against an claims and demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by Jurisdiction to consUmte a uniform security imtmment covering real Property PENNSnVAMA-.Sirgfe FemayFannte MrAlFreddre Mae UNIFORM INSTRUM917T(MERS1 Fonnwn iml HERS mortgaga.PA Pe 4 M 17 IONA-PA(04110) 9a DOC ID A: UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow firma, Prepayment Charger, and Lott Charges. Borrower shall pay when due the principal of and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Nom and this Security Instrument shall be made In U.S.currency. However, if any check or other instrument received by Lender as payment under the Note or this Smutty hstrument is returned to Lender tmpaid,Lender may require that any ar all subsequent payments due under the Note and this Security Instrument be made in one or more of the fallowing forms as selected by Leader: (a)cash;(b)money Order,(e)certified check,bank check,treasurer's check err cashler's check,provided any such check is drawn upon an institution whose deposits am insured by a federal agency,Instrumentality.Or entity;or (d)Electronic Fads Transfer. Payments am deemed received by Lender when received at the location designated In the Note a at such other location as may be designated by Lender in accordance with the notice provisions In Section 15. Lender may rearm any payment a partial payment If the payment or partial payments are insufficient to bring the Loan cmm"L Lender may accept any payment a partial payment Insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such Psymem err partial payments in the future,but Lender B not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment Is applied as of its scheduled due date,then fender need not pay Interest an unapplied fuels. Lender trey hold such umapplied funds until Borrower makes payment to bring the Loan currant If Borrower does not do so within a reasonable period of tree, Lender shall either apply such funds err return them to Borrower. If trot applied earlier,such foods will be applied to the outstanding principal balance under the Note Immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower farm making payments due under the Note and this Security instrument or performing the covenants and agreements secured by this Security Inslmment. 2. Application of Payments or Proceeds. Except as otherwise described In this Section 4 all payments . accepted and applied by Lender shall be applied to the(allowing order of priority: (a)Interest due under the Note;(b)principal due under the Note;(c)amounts On under Section 3.Such payments shaft be applied to each Periodic Payment in the order to which It became due. Any remabdng amounts shall be applied first to late . charges,second to any art"amounts due under this Security Instrument,and then to reduce the principal balance of the Note. If Leader receives a payment from Borrower for a delinquent Periodic Payment which Includes a sufficient amount to pay any late charge due,the payment my be applied m the delinquent payment and the late charge. If more than one Periodic Payment is outstanding,lender may apply any payment received from Borrower to the repayment of the Periodic Payments If,and to the extent that,each payment can be paid in full. To the ex art that any excess exists after the payment fits applied to the fun payrhxm of orrc or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note, Any application of payments,insurance proceeds,Or Miscellaneous Proceeds to principal due under the Note shell nor extend or postpone the due date,or change the amount,of the Periodic Payments. 1 Foods for Escrow Items. Borrower shall pay to Leader on the day Periodic Payments are due under the Note,until the Note Is paid In full,a sum(the*Funds')to provide for payment of amounts due for. (a)taxes and assessments and other Items which can attain priority over this Security Instrument as a Ben or encumbrance on the Property;(b) leasehold payments Or ground unit on the Property,if any: (c) premiums for arty and all PENNSYLVANIA-Smite Femay-Fannie Maerfreome Mae VNWORM m$TRUMENT IMERS) Farm sass 1161 MERS Matggaagg"A 1006A,PA(010) page$of 17 DOC TD 0: %WPN�W Insurance required by Lender under Section S;and (d) Mortgage Insurance premiums, if any,or arty sums payable by Borrower to Lanier in tteu of the payment of Mortgage losumrxe premiums In accordance with the provisions of Section 10. These(tenors are tailed"Escrow items." At origination ar at any it=during the term of the Loan.Lender may require that Community Association Dues,Fees,and Assessments,if any,be escrowed by Borrower.and such dues,fees and assessments shall be an Escrow Item Borrower shall promptly furnish m Lender all fritters of amounts to be paid under this Section. Borrower shall pay Leader the Funds for Escrow Item unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Leader may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be In writing. hl the event of such waiver, Borrower shall pay directly,when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and,if Lender requires,shall famish to Lender receipts evidencing such payment within such time period as Lender Trey require. Borrower's obligation to make such payments and to provide receipts shall for all proposes be deemed to be a covenam and agreement contained to this Security Instrument,as the phrase"covenant and agreement"Is used In Section 9. If Borrower U obligated to pay Escrow Items directly.pursuant to a waiver,and Borrower faits to pay the amount due for an Esmnw Item,Lender may exercise Its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount Lender may revoke the waive as to any or all Fscmw Items at any time by a notice given in accordance with Section 15 and. upon such revocation.Borrower shall pay to Lender all Funds,and In Such amounts,that are then required under this Section 3. Lender may,at any times collect and hold Furls in an amount(a)sufficient to permit Lender to apply the Funds at the time specified under RESPA.and(b)rot to exceed the maximum amount a lmdeer can require under RESPA.Lerida shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise In accordance with Applicable Law. The Funds shall be held In an Institution whose deposits are Insrwed by a federal agency,Instrumentality,or entity(Including Lender,If Lender is an Institution whose deposits are so insured)or in arty Federal Home Lour. Bank. land"shall apply the Funds to pay the Escrow Items no Later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Fonds,annually analyzing the escrow account,or verifying the Escrow Items,unless Lerida pays Borrower Interest on the Funds and Applicable Law permits, Lunde to make such a charge. Unless an agreement Is made In writing or Applicable Law requires Interest to be paid on the Funds.Leader shall rim be required to pay Uncover any iammaq or earnings on the Funds. Borrower and Lender can agree in writing, however, that Ime s; shall be paid an the Funds. Leader stall give to Borrower,without charge,an annual accounting of the Fonds as required by RESPA. If there is a surplus of Funds held In escrow,as dented under RESPA.Lander shall account to Borrower far the excess funds in accordance with RESPA. If there Is a shortage of Funds held in mmw,as defined under RESPA,Lender shall notlty Borrower as required by RESPA.and Borrower shall pay to Lander the amount necessary to make up the shortage in accordance with RESPA,but U no more don 12 monthly payme m If there Is a deficiency of Funds held In escrow, as defined under RESPA. Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Leader the amount necessary to make up the deficiency In accordance with RESPA,but in no ream than 12 monthly payments. Upon payment In for!of all seam secured by this Security In3tlmr t.Lender shall promptly refund to Borrower any Funds held by Lander. PENNSYLVAinA.Singte Family-Frank MaathMWe Mu UNIFORM INSTRUMENT(MEM) FOM3039 tai MERS Mongngn-PA 100m-PA(OW10) page S d 17 DOC ID q: a. Charges; Liens. Borrower shall pay all taxes, assessments, charges, Haas, and impositions attributable to the Property which can attain Family aver this Security lissbument,leasehold payments or ground rents on the Property,If any,and Community Association Dues,Fees,and Assessments.If any. To the extent that these Items are Escrow hems,Borrower shall pay drem In the manner provided In Section 3. Borrower shall promptly discharge any lien which has priority over this Security instrument unless Boaawer. (a)agrees in writing to the payment of the obligation secured by the It"to a manna acceptable to Lender,but only m long as Borrower Is performing such agreement:(b)contests the lien In good faith by,or defends against enforcement of the lien In,legal proceedings which In Lender's opinion operate to prevent the enforcement of the Ben while those proceedings are pending,but only until such proceedings are concluded;or (c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the Ben to this Security Instrument. if Lender daermines taut may part of the Property is subject to a lien which can attain priority ova this Security Imbumen,Lender may give Sorrower a make Identifying the lien.Within Ill days of the date on which that notice is given,Borrower shall satisfy the On or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a orte-date charge for a real estate tax verification and/or reporting service used by fender in connection with this Loan. S. Praperty insurance. Borrower shall keep the improvmnnts new existing or hereafter erected an the Property Insured against loss by fire, hazards Included within the tam 'extended coverage,' and any other hazards Including, but not Baited to. earthquakes and floods, for which Lender requires Insurance. This insurance shall be mandalned In the amounts pncluding deductible levels)and for the periods that Lender cequims. What Lender requites pursuant to the preceding seatence3 can change during the term of the Loan. The insurance ranter providing the insurance shall be chosen by Borrower subject to Lenders right to disapprove Borrowers choice,which right shall not be exercised unreasonably. Lender may require Harrower to pay,In connection with this Loan,either: (a)a one-Bore charge for flood zone determination.certBicauon and tracking services;a(b)a i me-time large for Road zone determination and certification services and subsequent charges each Bate remapplugs or stmBar changes occur which reasonably might affect such determination or certification. Bonmwer shall also be responsible far the payment of any fees Imposed by the Federal Emergency Management Agency In connection with the review of my flood zone determinatlom resulting from an objection by Borrower. If Borrower falls to maintain any of the coverages described abova Lender may chain Insurance coverage, at Lender's option and Borrower's expense. Leader Is under no obligation to purchase any particular type or amount of coverage Therefore, such coverage shall caves Lender,but might or might not protect Borrower, Borrowers equity in the Property,or the contents of the Property.against any risk,hazard or liability and might provide greater or lesser coverage than was previously in effect. Bono,wer acknowledges that the cost of the lawmance coverage sec obtained might significantly exceed the mast of bast ranee that Bormwa could have obtained. Any amounts disbursed by Lender miler this Section 3 shall become additional debt of Borrower secured by this Security Instrument These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable,with such Interest,upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such pufidm shall Include a standard mortgage rimer.and shall center Lender as mortgagee andtor as an additional I=payee. Leader shall have the right to hold the policies and renewal ceniticates. if Lender requires,Borrower shall promptly give to Lefler all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage,not otherwise required by Leader.for damage to,or destruction of,the PENNSnVANIA-SagFe FmNhy-,Fmnh McO'FreaMa Mrs UNIFORM iNSTRtMiENi'(MERS) form 3619 Vaal MERS MompmpM,PA 1006A.PA(09110) Pepe 7 of 17 DOC ID U: , Property,such policy shall include a standard mortgage clause and shall name Lender as mortgagee andNa as an additional hiss payee. In the event of loss.Borrower shall give prompt notice to the insurance carrier and Fender, tender may make proof of loss If not made promptly by Borrows. Unless Lender and Borrows otherwise agree in writing, any Insinance proceeds.whether or net due underlying Insurance was required by Lends,shall be applied to restoration or repair of the Property,if the rettoratton or repair is economically feasible and Lendet's security is not lessened. During such repair and restoration period,Lands shall have the right to hold such insurance proceeds until Lender bas had an opportunity to Inspect such Prop"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 Lew requires Interest to be paid an such insurance proceeds,Lender shall not be required to pay Bonower any interest or caund s on such proceeds. Fees for public adjusters.or other third parties.retained by Bonolver shall not be paid out of the Insurance proceeds and shall be the solo obligation of Borrower. If the restoration or repair is not economically feasible or Lenders security would be lessened, the insurance proceeds &W be applied to the sums secured by this Security instrument,whether a not then due,with the excess,If my,paid to Borrower. Such Insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property,lender may file,negotiate and settle any available Insurance claim and related maners. If Borrower does not respond within 30 days to a notice from lender that the insurance carder has offered to settle a claim,clan Lender may negotiate and settle the claim The 30day period will begin when the notice Is glvm,In either event,or if Lender acquires the Property under Section 22 or otherwise,Borrower hereby assigns to Lender(a)Borrowers rights to any Insurance proceeds to an amount not to exceed the amounts unpaid under the Note err this Security IMITUMant,and(b)any other of Borrowers rights(other than the right to any refund of uneamed premiums paid by Borrows)under all Insurance policies covering the Property.Insofar as such rights are applicable to the coverage of the Property, lender may use the Insurance proceeds either o. repair or restom the Property or to pay amounts unpaid under the Note or this Security Instrument,whether or not than duo 6. Occupancy. Borrower shall occupy,establish,and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender otiormse agrees to writing,which cogent shall not be unreasonably withheld,or unbss extenuating cucuncr a cer exist which are beyond Borrowers control, 7. Preservation, Maintenance and Protcetkln of the Property; Inspre8onr. Borrower shall not destroy,damage a impair the property,allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower Is molding In the Property,Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it Is determined pursuant to Section 5 that repair or restoration Is not etnnomimlly feasible.Borrower shall promptly repair the Property If damaged to nvotd further deterlomdm or damage. If Insurance or condemnation proceeds are paid In connection with damage to,or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only If Lends has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the isssurxnee or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. PENNSYLVANIA--Single Famay-.Fanrde MaNFrardia Aiac UNIFORM INSTRUMENT(MERS) Form31139 Vitt MEASMongngnAA 1006A.PA(09110) Page a d 17 , DOC ID g: Lender or Its agent may make reasonable entries upon and Inspections of the Property. If It has reasonable cause,Lender may Inspect the interior of the Improvements on the Property. Lender shall give Borrowv rnatloe at the time of or prior to such an Interior Inspection specifying such reasonable reuse. & Borrower's Loan Application. Borrower shall be In default If.during the Loan application process, Borrower or any persons or entities acting at the dhmdon of Borrower or with Borrowers knowledge or consent gave materially false,misleading.or Inacarate information or statements to Lender(or failed to provide lender with material information)In connection with the Loan.Material representallons Include,but ere not limned to. representations concerning Borrower's occupancy of the Property as Borrowers principal residence. 9. Protection of Lender's Interest In the Property and Rights Under this Security Instrument If(a)Borrower falls to perform the covenants and agreements contained In this Security instrument,(b)tlrere Is a legal proceeding that might significantly affect Lenders Interest In the Property and/or rights under this Security Instrument (such as a proceeding In bankruptcy.probate,for cordecanatlon m forfelmre,for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations),or(c) Borrower has abandoned the Property.then Lender may do and pay for whatever is reasonable or appropriate to Protect Lenders Interest in the Property and rights under this Security Inctmment,Including protecting and/or assessing the value of the Property,and seating and/or repairing the Property. Lender's actions an lndude,but am not limited to: (a)paying any sums secured by a Ban which has priority over this Security Insimment;(b)appearing In court:and(c)paying reasonable atierneys'fees to protect Its Interest in the Property and/or rights under this Security Instmmem,Including Its seared position In a bankruptcy proceeding. Searing the Property includes. but is not limited to, entering the Property to make repairs. change locks, replace or board up doors and windows,drain water from pipes,eliminate building or other code vloladons or dangerous conditions.and have collides tumed on or off. Although Lender may take action under this Section 9,Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender Incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured. by this Security Instrument. These amounts shag bear interest at the Note rate from the dale of dbbursemmt and shall be payable,with such Interest,upon notice from Lender to Borrower requesting payment. If this Security Instrument Is on a leasehold,Borrower shall comply with all the provisions of the lease.. If Borrower acquire fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees 10 the merger In writing. 19. Mortgage Insurvium 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 average required by Lender cease to be available from the mortgage Insurer that previously provided such Insurance and Borrower was requbed to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premium required to obtain coverage substantially equivalent to the Mortgage blsurance previously In effect,at a cast substantially equivalent to the cost to Borrower of the Mortgage Insurance previously In effect,from an alternate mortgage Insurer selected by Lender. If substantially equivalent Mortgage Insurance average is not available.Borrower shall continue to pay to Lender the amount of the separately designated payments that were due who the Insurance coverage ceased to be in effect. Lender will accept,use and retain these payments as a non-refundable loss reserve In lien of Mortgage instance. Such loss reserve shall be nonrefundable, notwithstanding the fed that the Loan Is ultimately paid In full,and lender shall not be required to pay Borrower any merest or earnings an such loss reserve. lender an no longer require loss reserve payments If Mortgage Insurance coverage(in the amount and PENNSYLVANIA—Single Femiy--Fannie NaerFreddle Nee UNIFORM INSTRUMENT WERS) Fwn,3079 1111 MERS Marrgege-PA 1006A-PA(09110) Pogo 9 of 17 fi 7'� W F 4 -. DOC ID g: for the period that Lender requires) provided by an hemmer selected by Lender again becomes available, Is mmured,and Leader requires separately designated payments toward the premiums fa Mortgage fiewonee. If Lender required Mortgage insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance.Borrows shall pay the pmmlam required to maintain Mortgage hiwrance In effect,or to provide a non-refundable loss reserve,until Leaders requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Leader providing for such teraduation or until termination Is required by Applicable law. Nothing In this Section 10 affects Borrowers obligation to pay interest at the rate provided In the Note. Mortgage Insurance reimburses Leader(or any entity that purchases the Note)for certain losses It may Incur If Borrower does not repay the Loan in agreed. Borrower is not a party to the Mortgage Insumm. Mortgage Insures evatwate their total risk on all such insurance In face from date to time,and may enter into agreements with otter parties that share or modify their risk in reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage Insurer and the other party (or Parties) to these agreements. These agreements may require the mortgage Insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premium). As a result of these agreements.Lender.any purchases of the Note,aamlhs imurs,any Minnow.any other entity,or any affiliate of any of the foregoing,may receive(directly or Indirectly)amounts that derive tram(or might be charadedwil as)a portion of Borrowers payments for Mortgage Insurance,In exchangge for sharing in modifying the mortgage maura's risk,or reducing losses. If such agreement provides dim an agitate of Lender takes a sbare of the Insurer's risk In exchange for a share of the premiums paid to the hsmer,the errangement is often termed"captive rehsurance! Further. (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage R Insurance,or any other<etrus of the LAan, Such agreements wit not iocrose the amount Borrower will ) owe for Mortgage Insurance,and they will not en&le Borrower to any refund. (b) Any such agreements will our affect the rights Borrower has . if any- with respect to the Mortgage Insurance under the Romeawaen Protection Act of 1998 or any other law. Thee rights may Include the right to receive certain dbclosures, to request nod obtain cancelation of the Mortgage Insurance,to have the Mortgage Insurance terminated automatically,and/or to receive a refund of any Mortgage Insurance premiums that were unexcited at the time of such cancellation or termination. If. Assignment of Miscellaneous Proceeds; Forfeiture. AU Miscellaneous Proceeds am hereby assigned to and shalt be paid to Lender. If the Property Is damaged,such Miscellaneous Proceeds shall be applied to restoration a repair of the Property,If the restoration or repair is eanomkidly feasible and Lender's security Is not lessened. During such repair and restoration period,Lender shall have the right to hold such Miscellaneous Proceeds until Leader has had an opportunity to inspect such Property to ensure the work has been completed to Leaders satisfaction, provided that such Inspection shall be undertaken primarily. Lender may pay for the repairs and restoration In a single disbursement or In a series of progress payments as(he work is completed.Unless an agreement is made In writing or Applicable law requires Interest to be paid on such Miscellaneous Proceeds,Lender shall not be required to pay Butmws any interest or earnings an such Miscellaneous Proceeds. If the restoration a repair Is not economically feasible or Lstds's security would be lessened.the Miscellaneous Proceeds shall be applied to The sums secured by this Security Instrument,whether in trot then due,with the excess,If any,paid to Borrower. Such Miscellaneous Proceeds shall be applied In the order provided for In Section t PENNSYLVANIA•�Sa+gtFaoa"anntaMat)FnMdit Mar UMfOFOitM9TRUMEN'r(MERS) Foonlic" flat MERS Mongngt�PA t 006A-PA(09110) Page 10 of 17 sue .. . . s {. ,� . . Doc ID g: In the event of a total taking.destruction,or loss in value of the Property,the Miscellaneous PromT&shall be applied to the sums secured by this Security Instrument,whether or not then due,with the excess.If any.paid to Borrower. In the event of a partial taking,destruction,or loss in value of The Property in which the fair market value of the Property Immediately before the partial taking,destruction,or toss in value Is equal to or greater than the amount of the sums secured by this Security Instrument Immediately before the partial taking.destruction,m loss In wine, unless Borrower and Lender otherwise agree to writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by The following fraction; (a) the Iota]amount of the sums secured Immediately before The partial taking, destruction, or loss In value divided by(b)the fair market value of the Property tmmedately before the partial taking,destruction.or loss In value. Any balance shall be paid to Borrower. In the event of a partial taking,destruction,or toss in value of the Property to which the fair market value of the Property Immediately before the partial taking,destruction,or loss in value Is less than the amount of the sums secured immediately before the partial taking,destruction,or loss in value,unless Borrower and Lender otherwise agree in writing,the Miscellaneous Proceeds shall 6e applied to the sums secured by this Security Instrument whether or ran the sums are then due If the Property Is abandoned by Borrower.or B,after notice by Leader to Borrower that the Opposing Party (as defined In the neat sentence)offers to make an award to same a claim for damages.Burrower fails to respond to Lender within 30 days after The dale the notice is given, Lender Is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the suers secured by this Serenity Instrument,whether or not then due."Opposing Putt''meats the third party that owes Borrower Miscellaneous proceeds or the party against whom Borrower has a right ortolan in regand to Miscellaneous Proceeds. Bonuwer shall he In default if any action or proceeding,whether civil or erhmnal,is begun that,In Lender's Judgment, could result in forfeltme of the Property or other material Impairment of Lenders Imeresl In the Property or rights under this Security Instrument. Burrower can cure such a default and.If acceletation has occored,reinstate as provided In Section 19,by cansttfg the action or proceeding to be dismissed with a ruling that,in tenders Judgment,precludes forfeiture of the Property or other material impairment of Leaders Interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages That, am attributable to the Impairment of Lenders Interest in the Property are hereby assigned and shall be paid to Leader. All Miscellaneous Proceeds that are iKK applied to restoration or repair of the Property shall be applied in the order provided for In Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security bstrnment granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Burrower. Lander shall rem be required to commence proceedings against any Successor In Interest of Borrower or to mf use to extend time for payment or otherwise totally amonizatlon of the sum secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors In Interest of Borrower. Any forbeareace by Lender in exercising arty right ur remedy Including, without limladon,Lenders acceptance of payments from third persons,entities or Successors in Interest of Borrower or in amounts less than the amount then due,shall not be a waiver of or preclude the exercise of any right or mr ody. PIVOISYLVANIA-Sigw Famly-Fantle MmTraaah aae OMPORM DISTRUMEWPER$) Famn sasa 1101 MERS Margago-PA IDWPA(09110) Page 1I or 17 DOC ID #: 13. Joint and Several Liability;Co-sigoere;Successors and Assigns Bound. Borrower covenants and agrees that Borowers obligations and liability shall be joint and several. However,any Borrower who co-signs this Security Instrument but does not execute the Note(a"co-signer'): (a)is co-signing this Security Instrument only to mortgage, grant and convey the co-signers interest In the Property under the terms of this Security Instrument; (b) is nol personally obligated to pay the stuns secured by this Security Instrument;and(c)agrees that Lender and any other Borrower can agree to extend.modify,forbear or make any accommodations with regard to the terns of this Security Instrument or the Note without the co-signers consent. Subject to the provisions of Seaton 18,any Successor In Interest of Borrower who assumes Borrowers obligations under this Security Instrument In writing,and Is approved by Calder,shall obtain all of Borrowers rights and benefits under this Security Instrument.Borrower shall not be released from Bormwer's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of the Security Instrument shall bind(except as provided in Section 20)and benefit the successors and assigns of Lender. Id. Loan Charges. Lender may charge Borrower fees foe services performed In connection with Borrowers default,for the purpose of protecting Lenders Interest in the Property and rights under this Security InstrNment,Including,but not limited to,amomeys'fees,Property inspection and valuation fees. In regard to any other fees,the absence of express authority In this Security Instrument to charge a specific re,to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by the Security Instrument or by Applicable law. If the loan is subject to a law which sets maximum loan charges,and that law is finally Interpreted so that the interest or other Ion charges collected or to be collated in connection with the Lean 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 collated from Borrower which exceeded permitted limits will be refunded to Borrower.Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces princpal,the reduction will be heated as a partial . prepayment without any prepayment charge (whether or trot a prepayment charge Is provided for under the Nate). Borrowers acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender In connection with this Security Instrument must be in writing. Any notice to Borrower In connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mall or when actually delivered to Borrower's notice address Irsent by other means. Notice to any one Burrower shall constitute malce to all Borrowers unless Applicable law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Leader of Harrowers change of address. If/.alder specifies a procedure for reporting Borrower's change of address,then Borrower shall only report a change of address through that swilled procedure. There may be only one designated notice address under this Security Instrument at any one ame. Any notice to Lencia shall be given by delivering It or by mailing it by first class mall to Unders address stated herein unless Lender has designated mother address by notice to Borrower. Any notice In connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law. the Applicable law requirement will satisfy the corresponding requirement under this Security Instrument. PENNSYLVANIA-Stripe Fa"Iy-•Farmia MaelFroddle Mac UNIFORM INSTRUMENT(MERS) Form303911a1 MERS Mongage-PA 100aA-PA(09/10) Page 17 d 17 DOC ID @: 16. Governing Law;Severabtiity;Rules of Coustraetion. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained In this Security Instrument are subject to any requirements and limitations pf Applicable Law. Applicable law might explicitly or Implicitly allow the parties to agree by contract or It might be silent,but such silence shall not be construed as a prohibition against agreement by contract. In the event that any providor or clause of this Security Instrument or the Note conflicts with Applicable Law,such conflict shall not affect other provtdons of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include cuaeaponding neuter words to words of the feminine gender.(b)words In the singular shall mean and Include the plural and vim versa;and(c)the word"may"gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Tmmfer of the Property or a Beneficial Interest in Borrower. As used In this Section 18, "Interest In the Property'means any legal car beneficial Interest In the Property, Including,but not limited to. time beneficial Interests transferred N a bond for deed,contract for deed,installment sales contract or escrow agreement,the Intent of which B the transfer or thle by Borrower at a fuhue dale to a purchaser. ball or any part of the Property or any Interest in the Pro"is sold or transferred(or If Borrower Is not a natural person and a beneficial interest In Burrower Is sold or transferred)without Lender's prior written consent Lender may require Immediate payment In full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender If such exercise Is prohibited by Applicable Law. If Lender exercises this option,Leader shall give Borrower notice of accelemdon. The notice shall provide a period of not less than 30 days from the date the ortice is given In accordance with Section 15 within which Borrower must pay all sums seared by this Security Instrument. If Borrower falls to pay these arm prior to the expiration of this period,Lender nay Invoke any remedies permitted by this Security Instrument without further notice or demand an Borrower. 19. Borrower's Right to Reinstate After Aeccimflon. H Borrower meets certain condltiom.Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a)five days before sale of the Property pursuant to any power of sale contained In M Security Instrument; (b) such other period as Appi cable Law might specify for the termination of Borrower's right to relnume; or (c)entry of a Judgment enforcing this Security Instrument. Those conditions are that Borrower: (a)pays Lender all sums which then world be due under this Security Instrument and the Note as if or acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses Incurred In enforcing this Security Instrument,Including,but out Wnlled to,reasonable atiomeys'fees,property inspection and valuation fees,and other fees Incurred for the purpose of protecting Lender's Interest In the Properly and rights under this Security Instrument;and(d)lakes such action as Lender may reasonably require to assure that Leader's Interest In the Property and rights under this Security Instrument and Bonrower's obligation to pay the sum secured by this Security Instrument.shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses In one or more of the following forms,as selected by lender: (a)cash: (b) money order, (c)certified check,bank check,treasuries check or cashier's check,provided any such check Is drawn upon an Institution whose deposits are Insured by a federal agency. Instrumentality or endly;or (d)Electronic Funds Transfer. Upon reinstatement by Borrower,this Security Instrument and obligallom secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the rase of acceleration under Section 18. PENNSYLVANW-Sirple F..Wy..FanMa McNFreAdle Mae UNIFORM INSTRUMENT JMER31 Pam 339 iMI MERS Mongage•PA 1009A-PA(09110) Page 13 or 17 DOC ID S: �� 20. Sale of Note;Change of Loan Servicer;Notice of Grievance. The ore or a partial Interest in the Note(togelirer with this Security Instrument)can be sold one or more times wlrhout prior notice to Borrower. A sale might result In a change In the entity Putman as the"Lon Servicer")that cotects Periodic Payments due under the Note and this Security Instrument and performs other mortgage Ion servicing obligations under the Note,this Security Instrument,and Applicable Law. The a also might be acre or more changes of the Loan Servioer unrelated to a sale of the Note If there Is a change of the loan Servicer,Borrower will be given written notice of the change which will state the name and address of the new Loan Servlcer,the address to which payments should be made and any other Information RESPA requires In connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan Is serviced by a Lon Servicer other than the Purchase of the Note, the mortgage loan servicing obBgadom to Borrower will remain with the Loan Servicer or he transferred to a succeser Loan Servicer and are Out a z u red by the Note purchaser unless otherwise provided by the Note purchaser. Nether Bomwir nor Lender may commence,join, or be joined to any judicial action (as either an Individual litigant or the member of a class)that anus from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of,or ray duty owed by reason of. this Security Instrument,until such Burrower or Lender has notified the other party(with such notice given N compliance with the requirements of Section 15) of such alleged breach and afforded the other parry hereto a reasonable period after the giving of such notice to take conrectivu action. If Applicable Law provides a time period which most elapse before certain action an be takeb,that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower puruant to Section 22 and the notice of acceleration given to Borowef pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21:(a)'Hazardous Substances"are thou substances defined as toxic or hazardous substances. pollutants, or wastes by Fnvimnmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum produces,ioxk pesticides and herbicides.. volatile solvents,materials containing asbestos nr formaldehyde,and radioactive materials;(b)"Environmental Law"mews federal laws and laws of the judsNctlon where the Property Is located that relate to health,safety of . environmental protection; (c) "Environmental Cleanup' Includes any response action, mmedtal action, or, removal action.as dented in Environmental law;and(d)an"Environmental Condition'mews;a condition that can arse,contribute to,or otherwise trlgger an Environmental Cleanup. Borrower shall not cause or permit the presence, use. disposal, storage, or release of any Hazardous Subsancm or threaten to release any Hazardous Substances,an or in the Property.Borrower shall not do,nor allow anyone else to do, anything affecting the Property (a) (hat is in violation of any Environmental law. (b)which creates an Environmental Condition,or(c)which,due to the presence,use,or release of a Hazardous Substance.creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence,use,or storage an the Pro"of small quantities of Hazardous Substances that are generally recognized to be appropriate to annual residential uses and to maintenance of the Property (including,but not limited to.hazardous substances N consumer products). Borrower shall promptly give Lender written notice of(a)any investigation,claim,demand, lawsuit or other action by any governmental or regulatory agency or private party Involving the Property and any Hazardous Substance or Environmental law of which Borower has actual knowledge,(b)any Environmental Condition, Including but not limited to, any spilling, leaking. discharge, release or threat of release of any Hazardous Substance,and (c)my condition mused by the presence,use or release of a Hazardous Substance PENNSYLVANIA.-Single Famay-FamlaM e1Fredd4 Mae UNIFORM nrSTRUNENT(MERS) Fom+aale 1101 MERS Mortgage-PA 1006A-PA(09110) Pago N or 17 ' j ` i 4 DOC ID #: '� which adversely affects the value of the Property. If Borrower learns,or is notified by any governmental m regulatory authority,many private party,that any removal or other remedlatlon of any Hazardous Substance affecting the Property Is necessary,Borrower shall promptly lake all necessary monedlal actions in accordance with Environmental Law.Nothing herein shall create any obligation on Lender fm an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender fuller covenant and agree as follows: 22. Acceleration;Remedies. Lender shall give notice to Borrower prior to aeeelentlou following Borrower's breach of any covenant or agreement In this Security Instrument(but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of,among Ober things: (a)the default; (b)the action required to core the default; (c)when the default most be cured;and(d)that fallen to cure the default as specified may result In acceleration of the arms secured by this Security Instrument, foreclosure by Judicial proceeding sod sale or the Property. Lender shall further Inform Borrower of the right to reinstate after acceleration and the right to arm In the foreclosure proceeding the non-existence or•default or any other defense of Borrower to acceleration and Foreclosure. It the default is not cured as epedfird,Leader at IM option may require Immediate payment In full of all sums secured by this Security Instrument without further demand and my foreclose this Security Instrument by Judicial proceeding. Lender shall be entitled to collect all expenses Incurred In pursuing the remedies provided In this Section 22,including,but not limited to,attorneys'fen and trots of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument,this Security Instrument and the estate conveyed shall term naie and become void After such occurrence,Lender shall discharge and satisfy this Security Instrument Borrower shall pay any recordation costs. Leader may charge Borrower a fee for releasing this Security Instrument, but only If the fee B paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 29. waivers. Borrower, to the extent permitted by Applicable Law,waives and releases any error or defects In proceedings to enforce this Security Instrument and hereby waives the benefit of any present or future laws providing fm stay of execution, extension of time, exemption from attachment. levy and sale, and homestead exemption. 25. Reinstatement Period. Borrowers time to minx ale provided In Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or ether sale pursuant to this Security Instrument. 26, Purchase Money Mortgage. If any of the debt secured by this Security Instrument Is lean to Borrower to acquire title to the Property.this Security Instrument shall be a purchase money mortgage. PENNSYLVAMA Sjngla Femay.;Mesh Marrredala Mac UWORM INSTRUMENT(MFRS) Form 3039 1101 MERS Mongape-PA 1009A.PA 109)10) Page 15 of 17 DOC ID #: -27. Interest Rate After Judgment Borrower agrees that the Interest rate payable after a Judgment is entered on the Note or in an action of mortgage forecloslhre shall be the 21e payable from tlme to time under the Note. BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained In this Security Instrument and In any Rlda executed by Borrower and recorded with IL /q1 / dnodiri (Seal) BENEDDIIC�T E. TOOT -Borrower (Seal) DARLA M. TODT -Borrower (Seal) -Borrower (Sea]) Borrower PENNSYLVANIA-Singh Family-Fannie MaelFraddie Mac UNIFORM INSTRUMENT IMERS) F..3039 tart MERS Mortgage-PA 100M PA{09110) Page 16 of 17 DOC ID COMMONWEALTH OF PENNSYLVANIA, (� LL./ YC'�.I1LJL/LCI Couuty at: On this,the /�day of before me,the undersigned appeared 7( 777,73 known to me(or satisfactorily proven)to be the person(s)whose names)Ware subscribed to the within instrument and acknowledged that be/she/they executed the same for the purposes herein Immalned. M WITNESS WHEREOF,I hereunto set my-band and official sea]. My Commission Expires: -7—QD L.LL_fC.6J1� tDMMONWEALTH OF PENNSYLVANIA /I NoMN so* U Beverly D.Sanders,Naby P.M Tide of Officer 6L TIwnM TwD.Rarwh o a ny M7 Cpmlknan FSPim Jan.7 3M13 "Maw.PMnwtwrla Aao -aM aca'es Certificate af Residence Nh]�e✓SkfI I71N 1, -,do hereby certify that the correct address of the within-named Mortgagee is 3300 S.W.34th Avenue,Suite 101,Ocala,FL 34474 or P.O.Box 2026,Flint,MI 48501-2026. ' Witness my hand this I2 day of ��rMivewf2l �/� Agent of Mortgagee JQN V11fQVS Ke HDn PENNSYLVANIA--5irgk Family.-Fannie MawTreddie Mae UNIFORM INSTRUMENT(MFRS) Form70311 1101 MERS"gage-PA 1006A-PA(000) Page 17 o117 Ecbibit"A" Legal Description ALL THAT PARCEL OF LAND IN TOWNSHIP OF DICKINSON,CUMBERLAND COUNTY,COMMONWEALTH OF PENNSYLVANIA,BEING KNOWN AND DESIGNATED AS LOT 8,MANDY MANOR,FILED IN PLAT BOOK 48,PAGE 102, METES AND BOUNDS PROPERTY. BY FEE SIMPLE DEED FROM WAYNE B.OGBURN AND SHIRLEY D.OGBURN, HUSBAND AND WIFE AS SET FORTH IN DEED BOOK 267,PAGE 1086 DATED 01/14/2005 AND RECORDED 01/20/2005,CUMBERLAND COUNTY RECORDS. COMMONWEALTH OF PENNSYLVANIA. Tex/Pomel ID:08-16-0210.126 25IU9] r Y t, � � f ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY I COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 = a Instrument Number- 201108856 Recorded On 3/21/2011 At 2:10:40 PM *Total Pages - 19 •Instrument Type-MORTGAGE Invoice Number-84073 User ID-RZ •Mortgagor-TOUT, BENEDICT E •Mortgagee-MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC •Customer- SERVICE LINK *FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES - $39.50 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 $90 .00 I Certify this to be recorded in Cumberland County PA *IMRECORDER O D DS *-Information denoted by an asterisk may change during the verification process and may not be reflected olnl this page. I IIIiII 11 I��I (I III 5 � � . �� � yb .. - ----- °.--••— •• --• ...+.. ...vc.ry rra rnvo c/VVY tltltl—ZtYY—�OJtf C9_3647 S3101.1 16691 09/032013 f3aa0ofAlnredoa PAYOFF STATEMENT 4161 P*dm drawn,MaiSmaNCa.ros-01.40 OCOtf Through s Date and/or arsr PeomwrFNwy Proposed Closing Data 6Aenaboro,NC 2MOS4r0 A29ust 11,2014 Statumem Dam July 11,2014 TERRY MALL Flank Of America,NA Loan No.: X X 99998 Name A Property Address: Estate Of Benedict E Todd 828 Torway Rd Gardners,PA 17324 Faxedto: 1-805-577-1218 (C/PMI-15YR) I PAYOFF CALCULATION PrinciPal Balance as of 0110112014 $107,754,81 Inlaed from 0110112014 to 081112014 2,714.65 Cooly Record"Fee 55450 Uncollected Late Chagas 4,497 Other Amounts Auer 60,00 Total Amount Required to Release Lien(As of August 11,2014) $110,725.93 1 Other Amounts Due details can be found In the"Omer Amounts Dus'table below- AawmtedPr Tftemeu curt WlemWVtq Nib)BdYawpxAM&Wet.attom AMOT 11,Mi.. INTEREST CALCULATIONS For all full month payment periods,intend is caiddated on a monthly basis. Accordingly,Interest for all full months,including February,is calculated as 301380 of arena Interest,mrspedha of the actual nuanbar of days in Ore mach. For parnai maths, hdetest is cacuated daily on the basis of a 365 day yam. Adjustable rate mortgage loans may have mom than one Interest rata in afped during the Period in which this payoff satamom mPlies. Amended payoff statements are used automatically If the total muchrot due increases before August 11, 1014. pally interest From To j Interest Rate 12.1777 1 08/07/2014 0&N/2014 4.1250 'Daily ederest=Pdndpd Balance x Interest Rate+365 PAYOFF INSTRUCTIONS Payoff funds must be made payable to Bank of America,NA.and WIN be accepted by wim or certified funds only. They must reference the Bank of America, NA.loan number,Property address and lumowet's acne in the Originator Beneficiary, informaRon{OBi)fiad ofiha wire transfer ormihe face oflhe tlorti;and asatd ba sent per 0th trwimcNOas1>atay. Fntue todo sn may cause delays msndting in additional interred due arlhe ream of the funds to the renduer. Certified Funds laceived afar 2:00 Pin,Central Time may be pooled the following business day,with the appropriate effective data Send Wire Funds to: Nail Certified Funds to; BenoBdary Bank Bank of America Bank ofAmedl ASA Rouikvg#:02W4959-3 Attwism:Payoff DeTm*mo,WO Sim TXI-160.06-19 Benefcary Acct Name: MRC 1950 N Stemmons Fwy,Suite 6020,Dallas MfoMart MRC Account#12356-18173 Dallas TX 75207 Refereloa: Estate Of Benedict E Todl Loth Nurber;4WANIft Please do not semi aerBRed funds to the wdre funds Instructions oboe as caddied fnRds mug he processed In oar Payoff Department The following ssmmv items may be disbursed prior to our receipt of payoff fulls: ESCROW ACCOUNT Escrow gam Last Pad Dann Last Pmt Amt Next Due Data INFORMATION HpState Farm ins 12/1912013 596.00 12)3012014 \ School Tex 081142013 1,926.43 08.93112014 EXHIBIT City Tax 03fib2014 394.72 Q42015 A1 Please call 1-800469.5833 for updated payoff Information within 24 hours of sukoMMg funds. BankafAmertca,NA.isroquiredbylewtoin form you 8latitisadebtesNedor. Byouemarrwldyinaba*WtcyPmowdn9arhommo reed a dsbaye of the debtrdwenaad above,this notice is for iAfcr al pxposesmiraid is not sn aftanpt to weed a debt or demanda payment. K}tw warepsaen±ad byan aamnay,Pwaeea*de 9asrcam yasetbmey. a"leiluwing papa he important Information. ,� ` f � . vvx 000-409-00011 Bank of America N.A. Statement Date: dement 2014 After., Loan No; Jul 11,2014 YOUR CURRENT ESCROW BALANCE IS 5531.88 AND MAY NOT BE USED AS A CREDIT TOWARD PAYOFF, BANK OF AMERICA„NA AUTOMATICALLY PROCESSES ESCROW REFUNDS 20 BUSINESS DAYS AFTER PAYOFF IN ORDER TO ENSURE ALL OUTSTANDING FUNDS HAVE CLEARED. ESTIMATED As of Amount Asof Amount PAYOFFSCHEDULE 06J0112014 110,604.15 08/12/2014 110,738.10 0610412014 110,640.68 Total PayoN as of 0611312014 110,750.28 0810512014 110,65286 August 11,2014 08114/2014 • ..110,762.46 1061 082014 .110,665.04 51101725.03 06!1512014 110,774.64 061072014 110,677.21 08!18/2014 110,811.17 0&082014 110,689.39 06'192014 110,823.35 0872012014 110,835.52 0621/2714 110,847.70 OTHER AMOUNTS DUE DETAILS TABLE+ Itemlad Fee Description Total by Itemized In De76D.00 tion Property Inspection Total Other Amounts Due 6.00 Other Amounts Due Credit Balance- Due to the occasional timing differences between when bansactions are posted to your account and when the payoff statement is generated,a credit may appear on your statemeru.This credit may or may not be due to you as additional trensadlons may be posted to your amount that will offset this credit.Any such overpayment will be re funded within IN required 20 days after the loan is pail in ft if applirattle. PAYOFF OVERAGES If Bank of America,N.A. receives funds greater than the amount required to pay off your loan,we will automatically Process the overage within 20 business days after payoff and return the excess amount to you. N an address change Is being submitted on behalf of the borrower.the form must be sgned by the borrower for the address Mange to take of act. [ELECTRONIC PAYMENTINFORMATION It you are Planning to pay Off your loan and the fund date is near your payoff date, you must call Bank of America,N.A. at 1-800-6696607 @we business days prior to the scheduled drat date to have your electronic draft service cancelled before the loan is paid off. Falluo to cancel the service der a payoff Is ordered may result in excess funds being drafted from your fmancal account. These funds will be returned with any other additional funds held in you account ate the payoff is complete, BANKRUPTCY DISCHARGE If you have received a discharge of this debt in a bankruptcy,you have no personal obligation to repay this debt. However,the lender may still foreclose on your Property If the debt is not Paid as raqukad by the loan documents. This payoff statement is provided at your request and for your convenience. This is not an attempt b coiled a debt OW has been discharged,nor a demand for payment. HOMESAVER ADVANCE(HSA)NOTES For borrowers with a HomeSaver(HSA)Note,please rota to t es,specific disclosures: • The HSA rata Is due and Payable in full in the event of settle or transer of ownership of Me properly; • Payoff of the HSA note Is not required to release the first-Sm mortgage loan;and • The HSA note mrsl continue fo be paid In the evert of a refinance. IF YOUR LOAN HAS BEEN MODIFIED UNDER THE RAMP PROGRAM: Please note that certain modification agreements included a'Principal reduction"marponent, which means That the principal balance of the ban may be reduced if it remakud s'g0od standing"(1a.,less then llama months delinquent)at all times during the first three years after the date of the modification(a a ProPatonsts amount for each Tandy Period of good standing). If.(I)your modification agreement included a principal reduction component ad(II)you maintained goad standing as required under the !emirs of your modMcafion agreement, your payoff balance has been adjusted 10 reflect the reduced principal amount you are entitled to. If your payment statu'9 chubs before fire eviration of Nis payoff statement,and you are no longer In good standing, you wil no longer be qualified to receive all of a a portion of the principal reduction amount we have credited you for and your payoff amount will increase. If this occurs,we will provide an updated payoff figure. Afbr'this payoff statement expires,please be sue to request an updated payoff statement. If you have quest ions,please renew to terms of your modification agreement or contact us at 1-888-3256431. Automated Payoff Request Line: 1400469-5833 Fas:1.806$36.8714 Note:Si moesiu is inlonneddn Ircl ida on Is Demands de Uqudscitn Moduckle at a pamd,Poo favor oomuequese con nuseo Dapanamerdo de Servido at Clmh at 1800469%x7. r r r' 1 -•••••��•�••••--••— ••��••••� •• ++....,.z a.,VC.♦V r•sv 1n 1 Y/VVY 000-60%—DODO Sank of America,NA. Statement Date: Statement Void After. Loan No:133201 MI- July 11,2014 August 11,2014 ADDITIONAL.INFORMATION The payoff amount Indicated in this statement Is subject to tangs for various reasons,Including but not limited to the following: • We may not have posted a recently submitted payment;Note:Please do not place a atop payment on any check. • A fee my be assessed'd a payment is returned unpaid by your Finandal Institution for my reason; • Additional or antidpated teas and costa may be incurred relating to collection,foreclosure,bankruptcy,or other defaults on your loan; • Adjustments may be required to rated disbursements made by,a payments owed to,your prior lender if the servicing M your loan was transferred to Bank of America,NA.; • late charges may be assessed for delinquent payments received after: 07/162014; • Funds may be deducted from your escrow account to pay taxes,insurance or other escrow Items that become due. Aulomded Payoff Requem Line IAo06e95B33 Fax,1.866.36.6714 Nob:SI nxmka to infamaddn inckida on W Demanda de Liquidw6n traduida 0 Wood.por favor comunlquese own nuestru DmarlemeM de SeMclo at Cderne at 1.00061IM07, Bank ofAmerica -'% Home Loans VIA FEDERAL EXPRESS July 31, 2014 Cumberland County Register of Wills 1 Courthouse Sq. Rm 102 2L Carlisle, PA 17013 M72 «; RE: The Estate of BENEDICT EUGENE TODT �� r 1 CUMBERLAND County OC Cause No.: w ter' 2014 00217 ca Loan Number 66189 c11 Property Address: 828 Torway Rd., Gardners, PA 17324 Dear Sir/Madam: Enclosed is the Creditor's Claim for Bank of America, N.A. In the above referenced estate. I would appreciate receiving a stamped copy of the filed claim. For you convenience a business reply envelope is enclosed. Please do not hesitate to telephone me at(213)621-3683, should you have any questions or concerns. j rely, Terry Nall Litigation Specialist . CA6-913-02-29 1757 Tapo Canyon Simi Valley, CA 93063 Enclosures Note: Pair Debt Collection Practices Act Disclaimer(FDCPA): Bank of America,NA.,is required by law to inform you that this communication is from a debt collection.If you are currently in a bankruptcy proceeding or have previously obtained a discharge of this debt under bankruptcy law,this notice is for informational purposes only and is not an attempt to collect a debt,a demand for payment or an attempt to impose personal liability for a discharged debt.