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HomeMy WebLinkAbout14-5986 Court of Common Pleas For Prothonotary Use Only: Civil Cover Sheet Docket No: n Cumberland County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace thefiling and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: ® Complaint ❑ Writ of Summons ❑ Petition S ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E Lead Plaintiff's Name: Nationstar Mortgage LLC Lead Defendant's Name: Barbara Erickson C T Dollar Amount Requested: ❑within arbitration limits I Are money damages requested?: ❑ Yes ® No (Check one) ® outside arbitration limits O N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJ Appeal? ❑ Yes ® No A Name of Plaintiff/Appellant's Attorney: Christopher A.DeNardo.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. TORT (do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept.of Transportation ❑ Premises Liability ❑ Statutory Appeal:Other S ❑ Product Liability(does not ❑ Employment Dispute: E include mass tort) Discrimination C [:] Slander/Libel/Defamation ❑ Employment Dispute: Other r_1 Other: El Zoning Board T ❑ Other: j ❑ Other: O MASS TORT N ❑ Asbestos ❑ Tobacco ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration B ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations ® Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 11112011 SHAPIRO&DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE,ATTORNEY I.D.NO. 78447 CAITLIN M. DONNELLY,ESQUIRE,ATTORNEY I.D.NO. 311403 BRADLEY J. OSBORNE,ATTORNEY I.D.NO. 312169 CHANDRA M. ARKEMA,ATTORNEY I.D.NO. 203437 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA,PA 19406 TELEPHONE: (610)278-6800 .r S &D FILE NO. 14-046037 `' - z -a -'j Nationstar Mortgage LLC COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBER ANVfVNZJ VS. zo C3 C // §NO: v ,. �w Barbara Erickson ON 404 Cascade Road Mechanicsburg, PA 17055 DEFENDANT COMPLAINT-CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES,YOU MUST TAKE ACTION WITHIN TWENTY(20)DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED,BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR 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 OR CANNOT AFFORD ONE,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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. �. Jig � �l Off Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE(20)DIAS DE PLAZO AL PA.RTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE,LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 t, SHAPIRO&DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO,ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE,ATTORNEY I.D. NO. 311403 BRADLEY J. OSBORNE,ATTORNEY I.D.NO. 312169 CHANDRA M. ARKEMA,ATTORNEY I.D.NO. 203437 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S &D FILE NO. 14-046037 Nationstar Mortgage LLC COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. NO: Barbara Erickson 404 Cascade Road Mechanicsburg, PA 17055 DEFENDANT COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff,Nationstar Mortgage LLC, the address of which is, 350 Highland Dr., Lewisville, Texas 75067,brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: Mortgage Electronic Registration Systems, Inc., as nominee for Taylor, Bean &Whitaker Mortgage Corp., its successors and assigns MortaggEW: Barbara Erickson (b) Date of Mortgage: August 15,-2007 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Document ID#200732239 Date: August 16, 2007 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A and incorporated herein by reference. (d) Assignments: Assignor: Mortgage Electronic Registration Systems, Inc Assignee: OCWEN Loan Servicing, LLC Date of Assignment: May 12, 2010 Recording Date: May 28, 2010 Instrument No.: 201013924 Assignor: OCWEN Loan Servicing, LLC by Nationstar Mortgage LLC as Attorney-in-Fact Assignee: Nationstar Mortgage LLC Date of Assignment: July 16, 2014 Recording Date: July 30, 2014 Instrument No.: 201416638 The Assignment(s) is/are a matter a matter of public record and are therefore incorporated herein as provided by Pa. R.C.P. No. 1019(g). 2. Plaintiff is the current holder of the mortgage by operation of law. 3. The real property that is subject to the Mortgage is generally known as 404 Cascade Road, Mechanicsburg, PA 17055 and is more specifically described as attached as part of Exhibit "A". 4. Each Mortgagor named in Paragraph 1 executed a note as evidence of the debt secured by the Mortgage (the "Promissory Note"). A true and correct copy of the Promissory Note is attached and marked as Exhibit "B". 5. The name and mailing address of the Defendant is: Barbara Erickson, 404 Cascade Road, Mechanicsburg, PA 17055. 6. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 7. The Mortgage is in default because the monthly in of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of February 1, 2014 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 8. The following amounts are due as of August 6, 2014: Principal Balance Due $210,729.83 Interest Currently Due and Owing at 2% $2,516.27 From January 1, 2014 through August 6, 2014 Escrow Advances $2,641.00 Property Inspection $75.00 Forbearance ($1,186.89) OT L $214,775.21 9. Interest continues to accrue for each day that the debt remains unpaid, and Plaintiff may incur other expenses, costs and charges collectible under the Note and Mortgage. 10. In addition to the above amounts,reasonably incurred attorney's fees and costs as well as proof of title in conformity with the mortgage documents and Pennsylvania law, shall be sought by Plaintiff and included in any request for judgment. 11.Notice pursuant to the Homeowners'Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et seg.,was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Copies of the material part of the Notice are attached hereto as Exhibit"C" in accordance with Pa.R.C.P. 1019(i). 12. Pursuant Pa.R.C.P. 1019(d), the Notice sent to the Defendant(s) contains the information required by the act of March 14, 1978 (P.L. 11,No. 6),41 P.S. § 403 et seq., and separate Notice of Intention to Foreclose is not required. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendant, in the amount set forth in paragraphs 8 and 9, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Promissory Note and Mortgage and for the foreclosure and sale of the mortgaged premises. SHAPIRO &DeNARDO, LLC Date: —IAKIN BY: Attorneys for Plaintiff S &D File No. 14-046037 CHRISTOPHER A.DeNARDO,ESQUIRE 1 (F) ":Property"means the property that is dettcribed below under lire henciit>g"Trrat(,rrx oi'Rights In tltc Pmparty." (G) "Conn"moans.the debt evidenced by the Note,plus interest.any prapaynrent c tarttas find late ri,arges doe under the 1Vote„and at sums.due under 1hisSecurity instrument,plus intorce6 (H) "itlders"mons all Riders to dBs.Security instrument that are executed by 8 wmwx.The following Riders are to be executed by Borrower[check box as applicablel: [�Adjustable Rate Rider ❑Condominium Rider EJ, tend Hivow Rider Balloon Rider []Planned Unit development Rider na her(a)(xpecil'y( d 1.4 Family Ridgy Wweekfy payment Rider Die ibi t "n" (1) "Appileable Law" means all oontrolling applicable federal. state and lowl statutes., regulatitrns, urdi000ces and administrative rulaa and orders(that have the efled or law)as well s.5 all appifeable final, nonppull�,kjudicial opinions. (d) -Community Assttelation Dass,pees,and Assessments"Ineang ail duos.fees aasta'sinvots and other t9mtgas that are Imposed on Borrower or the property by a condominium at.ociation, homg1*ruirs assaciatinn orsimnar organization, (K) "F,iectronic Funds Transfer" means any i ransfer of limos,other thea at 'sar=ion originnted by tvlicok, draft,or similar paper instrument, which is initiated through an elceirm Imminal, teicphonic irxatrument,computer,or magnetle tape so as to order,insituct,or authorize a tinane I institutirnu to debit or credit on accatmi,Such term Wudes.,but is not limited to,point-of-sale tranwCors,at nmated teller machine imnMeilons,transfers Initiated by telephone,wiretransfers,and automatedaleathigb setuanafers. (L) "F.serow Items"means thcso items that aro doseribed in Section 3. (iii} "Mistellansous Proceeds"means any compensation,settlement.award of dmy ages,or prtkeeds paid by any third party(other than insurance proceeds paid under the coverages dewlix J in Swlei M fur.(1)' damage to,or destruction of,the Property;(dl)condemnation or other taking of all or ly put ofthu pnipurlp; (Iii)conveyance In lieu of oondamnstion;or(Iv)misrepresentations of,or otnissions as lo.the value anvil/or condition oftlre Property. (N) "Mortgage insursmee"means Insurance protecting Lender against the sonpay Pont at.or dedrull on, the Loon, (0) "Poriodle Faymettt"means the regularly scheduled amount due for(I)prineipe and intew.I under Ilue Note.plus(11)tiny amounts under Section 3 ofthia Security Instrument, (P) "RWA" means the Real Estate Settlement Procedures, Act (12 U.S,C. 1 el seq,) and Its implementing regulation,Regulation X(24 C.F.R.Part 3500),sg they might be ss.w dod from time to time, or any additional or successor legislation or regulation that govems the same a k1ed matter,As used in this Security lmtinrrnent,"RESPA"rafors to all taquiremenis and restridionx that arc 1 npoged in regard to a "Werally related mortgage'loan"even If the(flap does not qualify as a"federally cloW mortgage load enter RESPA. 111'.44AVINAMA--iilnalo l Roily—PA 1vvle tatNrcddk We VNIPiti1A1 INKFktVNFA 311rm 3aJ9 Ua1 ansae O,enoRsw I Irr!2iNM1 Na0a1 IP/y'f t pf NI I I . 1 i i (Q) "Successor in lrrterest or Borrower"means any party that his token tiilo to to�Property.whether nr not 11141 party has 9asurned B4rrower'e obligations under the Note andlor ibis SocurilylirE.strusnunt. TRANSFER OF RIGHTS IN THE PROPERTY I 't'inis Security Instrument sttirut s to Londer.(1)the repayment of the Loan,and aq newels.extensions and modifications of the Nota,cad(ii)tiro performance of Bortowees cavananteAnd agrcemanls under this Semlrlty Instrument end the Note. For this purpose.Borrower does hereby Mortsaf e,glans and convoy to MURS(solely as nominee for Lader ark Lender`s successors and assures)and to the sucimrcmom and assi>am of MFRS Ilia following described property located in the Co lit ty I'Igrrana�vA JnrlsJktiani or Cumbedand IWom of awnrobe hlrodkdmI Sea Attwohed Exhibit A. +r 1 i I 1 E E fi I which curmdy has the address of 1144 Mmicade Road tRIM1l + Mechanicsburg Pennsylvania IM16 CPR party Addrws"): trityl 11311 rode) T009THER WITH all the improvemcrrls now or here4Rar erected an the pr rty,and all munnorxx, appurtemancoa,and fixtures now or hereaiter a part of the property.All replaecments iod addtllons shtd I al.-Ar be covered by this Security Instrument.All or tho foregoing N referred to in this Set urity Insinjivom ns the "Proporty,"Borrower understands and agrees that MERS holds only legal(ilio to tie lutervhU grtmied by Hornrwer in this Security Instrument.but,If neacsaary to comply with law Or cianam.MHRS(as nominee for I,ondcr and Lender's sucaess4rs and assigns)has the right,to exercise any or ail ortle Weresis.Ineludlug, but not limited to,the right to foreclose and sell Ilia Property;and to take any act on.required or tender including,but not limited to,releasing and eanteling this Security Instrument. BORROWER COVENANTS that Borrower is IOW4111y seised of the estate h y conrryed and has (he right to mortgage,grant and convey the Property and that the Property is ulw mcul-Abered,0.cept Iblr unctoubrances of tecord.Borrower warratus and will defend generally the tide to 4 is Property against 911 Walms and demands,subiect to any encumbrances orrecord. THIS 3BCURITY INSTRUMENT combines uniform cinmrionts for rational um aced then-imil'orm awermnb with limited variations by Jurisdiction to constitute a uniibim security in itrument coKring real tnrikr4'. . 1'f:�f�I.YAH(A-4,411+glopgmily—PannteutseMRdAir blggliWiF�rttntiNR77tt'MYA'i' � t�nrrodnJ417a1 ' More ITaM tJetxaMiogl Oti7100q" trNM�M tar I i !i 1. UNIFORM COVENANTS,Borrower and Lender oovetutm anis agree as followsi. 1. Payment o f P ri idpal,I eatenest,t scrow I tents, Prepayment Ch 1krgf i,a nd Lett Charges. Motrower shall pay when due the principal of.and IMOW am,The debt tvidonco I by the Noto uod wry prepayment charges and late charges due under rho Note.Bortmver shall also pay undo for Ucrtfw Items pursuant to Section 3. Payments due under the Note and this Sew*Instrument shag be made in U.S. currency.I IOW` 3r,if arty check or other instrument received by Lender as paymen under the Note or this Security Instrument is returned to Lender unpaid,lender may require that any or a i subsequent payments doe under Ike Note and this Security Instrument be mads io one or more of the fed ing tbrms,as selected by i.under,(a)cash;(b)money order;(c)certified cheek,bank check,treasurceu PJ eek or cashler's eboclt, provided Any such check is drawn upon an institution whose deposits e re insure I by a federal regency. Instrumentality,or entity;or(d)Flectronle Fundsl'terisfer, Payments are deemed received by Lender when received at the location dos ted in[be Note,ur at such siker louMlon as may be designated by Lender in accordance with tho nopec pr ovlsions in.Section IS, Londa may return any payment or partial payment if the payment or partial pari ents ere ktautlielenl to Ming the Goan eurmnl,Lender may accept ally payment er partial payment Insuffi 4fti m Ming the I,onn rxmoi.without waiver of any rights hereunder or prejudice to Its rlghis to rclbsc.ueh pe Of pnrtlol payments in the MUM but Lender is act obligated to apply Mich payments Of the 0111C such puymenk are aehropted,ifeadh Periodic Payment is applied as-Of its scheduled due date,then Lend.r need not)hay interest all unapplied funds.Lender may hold such unapplied funds tmtil Borrower makes pa ment w Ming tiro lean currom,If Borrower does not do to within a remohable period of time.Lender shalt ilher apply such ibnds Or return Them to Borrowar, If not applied earlier,such tbnds will be applied to it i outstanding 1whwipul ha)ance under the Note immediately prior to Foreclosure.No oliket or claim which Fk rrowcr might hove now or in the future against lender shall relieve Borrower ften mnkbhg payments due i nder the Note onJ this Security instrument or performing the envenliaa and agreernentsseotaed by this Sect ity Instrument. Z. Application of Payments or Pro>retda,Except as otherwise dp%y1bo, in this Sectltko 2, ell payments accepted and applied by Lander shall be applied in the following order of riOHV-'(a)interest chic undertlhe Note;(b)principal due under the Note;(c)amounts due under Section 3. 'ueh paymcniq shall he applied to each Periodic Payment In the order in which it became due. Any roma ping amounts!droll he applied lint to late charges,second to eayolher amounts dere under this SKU61y i 118MIMOnt,and then to reduce the principal balance of the Note. if Lendor recelves a pgymont from Borrower for it do linquent P erlodic Ps est which i ncludes a .suitic)em amount to pay any late charge due,the payment may be applied to the daiii quent payment and the late oharga Ifntorc than one Periodic Payment is outstanding,header may apply any payment received ihnn PA)"wer to the repayment of the Periodic Pn-moms if,and to the extent that,each myrnehl can be paid In full.To tho extent that any excess exists after the payment It applied to the full p yment or ON or auto Periodic Payments,such excess may be applied to any late chargm due. Vollmttlr prepayments shall be applied frust to any prepayment charges amthen as described in tho Note, Any application of payments,Jnsoanc a proceeds,or Mieoollaneouas proceeds Io rinilpal due under the Note shall not extend or postpone the due date,or change the amount,of the Petiodic yments. 3. Panda for Escrow Item Burrower shall pay to Lender out the day per le Payments are du c trndar tho Note.until the Noto is paid In fbll,a aim(the"Funds')to provide Ibr padat atifamamns duo for (a)(axes and assefamenta and other Ileitis which can attain priority owr this Secirit insImmeni as a lien or encumbrance on the Property;(b)leasehold paymems or ground rents on taw Props ,if airy;(c)prem;ims trot ally and all insurance required by Lomler under Section S;and(d)Mortgage in ance pnatttums.i f any. or any senna payable by Borrower to Lender in Ilei of the payment of Martine nsWance prcrttioma In acrnrdnnee Nvlth the provisions*rSection J0.These items are called"liscmw items:" t urit[hhatien ur at ally three during the term of the Loan. Lender nay require that community Assoui,;on Duca, I.,em. and Assassmonls,if any,be escrowed by Borrower,and quell dues,fees and assessments a jKlIllean I?scruw Itcn. BorrOwer shell promptly furnish to Lender all WILTS of amaunls to be paid undgr hi$Section.1%0nntwa.Y' Kh"VINANiA SMooIWWly--pannleIMvcXrrdMtHul4JIVtrItAY1NlCrkl'AII:W farmJaJ911a1 Yana ITEM 7MM(M" e,•+alpa^ dhar+a ar 1 I shall pay Lander the Funds for f3scrow Items unless tender waives Borrower`s obis lio+t to pay the Fouls for any or all tiscrow items,Lender may waive Borrower's obligation to pay to Lent er Fur*for tiny or nit lh,omw tieing at any time.Any such waiver may only be in writing.in The event of Lich waiver,Borrower shall pay directly,when And where payable.the amounts due for any Racrow Iterns ror which payment or Funis hes been waived by Lender and,if Lander requires,shall furnish to Lender tt oelps evidencing such payment within such time period as lender may require,Do tower's obligation tom ke mich payments and to provide r ecaipts shall for all purposes be deatned 1 o b e a c ovenant and a gree neol contained In t his Security Instrufnent,as the phrase"covenant and agreetaent"is used in Soetbn 9,If rrower is obligated to pay ISscrow(rams directly,pursuant to a waiver,and Borrower Nis to pay the eiric unt due for an Fgrrow Item. Lender may exercise he rights under Section 9 and pay such amount and I orrewer shall ltheabe oblignled under Somion 9 to repay to Lender any such amount.Lender may revoke thi waiver as lis racy(rr all EAOMIN I tems a t any time by a notice g iven i it n ccordance with.Section M gild.uphu such r evouhllon, Ilnrrower stall pay to Lender all Funds.and in such amounts.thatare then required at der this Secllon d. lander may,at any time,collect and hold Funds in an amount(a)suilieknt to lim MIR 1,13100 to ripply Ill; Funds at the limo specUfed under RBSPA,and(b).not to exceed The maximum amni nt a Iondor coil requim under RESPA.Imider shall estimate the amount of Funds due on the basis of cm nt data and ttt,tvrnoblo estimates Ofearpe"dittaes of(Auto PwrOW Items or othorwhu+in accordance with Appl cable,Low. Tho Ponds shall be hold in an Insttution whose deposits are Insured by a Jbderol gency.livin,mentonly. or entity(including bender,If Lender Is an Institution whose dgmslls are so lmured) r in any Ftderal I Iodic l.nan Bank,Lender shall apply the Funds to pay the Escrow Items no later than 0 a time speclrwd under RESPA.Lender shall flat charge Borrower fbr holding and apptyingthe Rinds.annual y asalyzhtg tl►c kwrow acetxtnt,or verifying the Escrow Items,unless Lender pays Borrower Interest un IN Nids and Applier0c, Law permits Lender to make such a charge.Unless an agreement Is made In writ re Lir Appticsltic i.tnv rpquhes interest to be paid on the Funds.Lander shall not be required to pay Borrower gly nterc!ri or enrnings on the Funda,Borrower and Lander can agree In writing,however,that interest stet be paid on the lrun& I ander shall give to Borrower,without charge,an annual accounting of the Funds as Tetubed by RESPA, if there Is a surplus of Funds hold In escrow, as defined under kkSPA,l ., shall account la Iforrower for the excess fluids In accordance with RSSPA.If there is a shorlilp ofF lids held in escrow,as defined under RESPA.lender shall aodfy Borrower as required by RMPA,and Borrower shall pay to I rider the emount necessary to make op the shortage In accordance with RESPA,I m In hen more than 12 monthly payments.Irthem is a deficiency of Funds held in escrow,asdeflntd umk, RF.SPA.L.onder shall hunify Borrower as mgtdmd by RIAPA,and Borrower shall pay to Lender the annow i nawmry to make up the delloiancy In accordance with RESPA,but In no mora then 12 monthly pnymenls. Upon porymont in full of all sums secured by this Security Instrument,Lender s tell promptly refund to Borrower any Funds held by Lender. d. Chargbul Lens, Borrower Mall pay all taxes. amewmentt, d"es. rilim and lmpasillons shributab(e to the Propotty which can attain priority Over this Security Instmmont,leasehold payments or ground rents on the Property,iPany,and Community Association Dues.Fees,and i Awmients.If any.To the"ant that these Items are ewrow Items,Borrower shall pay them in the marmet p ovkkd in Section). Borrower shall promptly dlactarga any lien which has priority over this Sea pily instrumcat vuloss f;wrower:(a)agrees in writing to The payment of the obligation secured by the lion in a mauler atccepniblo to bender,but only sa long as Borrower is performing such agrae mew(b)canasta the ton in-good rulth by,Lir defends against enforcement of the lion in,legal proceedings which In Lender's opt lion operate to prcvcm Ila enforcement of the lion while those proonedhngs aro pending, but only onti such pruceedfilgN we concluded;or(o)secures from the holder of The lien An agreement sntisfeetoty to 1 n<lor milhardtnating die lien to this Security instrument,if Lender determines that any pari of the Property i,suTtleel to n Ilen whkh can attain prior(ty over this Security instrument,Lender may glue 8otrowera rot kknlllying the Hell. Within IA days of the data on which that notice is given,aorrower shall satisfy the I on or hike Line Lir marc orlho actions set forth above in this Section 4, P"x Yi.VANIA—SkWoforMly—FArek hlsdfrrddir Mat tantp()RM IN.TrRt'M'F:Nr Wlrla.itUe I/el IAena attkim r- ITFJ1>QYALataeeal rRne.tib7 NI t Lander may require Borrower to pays onetime charge fora teal commotion estate tax veriicatit+n and/or uv porti,mg mace used by Lender to motion with this loan. S. Prop"fnsurftee.Borrower shall keep the improvements now,existing or hura.,iflor erected tam the Pmptetty insured against loss by she,hazards included within the term"extended m raise,"and any other hamrds including,but not limited to,earthquakes and hoods,for which Lender roiluiros It surance.This Insurance shall be mahnained In the amounts(Inchrdl%deductible levels)and ror the pminds Orr Larder rr(piers.What Lender requires pursuant to the preeding senionm can Mango during the term or 11 a 1.usn.111e insurance carrier providing the insurance shall be chosen by Borrower subje;d to Lender's right it disapprove Bcrrouvx'c ichOlce,which right shall not be exarolsed unreasonably.sander may require Borrower to pay.in connection with if ds Loan,wither:(a)a one-limo charge for flood vxtve determinatlon,certification and Ir icking services;or 16)a trna-tome charge for flood mare dotemmkmtlon attd cenifheatlon services and subM ern chaiIM filch tune rr atppingsorsimilarchangosocrarrwhichreasonablymightaffectsuchdetermination eoriirmatiwr.liumrwcr Stroll also be responsible fbrthe paymem of any fees imposed by the federal Emvgmg Vlanogeirrani Aguncy hi cormecthtn with Ute reviewofany flood one determination resulting fromum.ahjeatlan Borrower. if Borrower falls to maWain any of the coverages described above.Lender may o do I sttrance coverage, at Lender's option and Bomoww's expense.lender Is ander no obligation to purohas any parriculor type or amount of coverage.Thcmfbtr:.such covtxage shall newer Lender,but mlght or nti9 not pmkcl Borrrrwqr. Ilnrrower's equity in five Propar(y,W the contents of the properly,against any rids,h or liability std mlgh( pnnvlde greater or lesser aoverap than was previously in Oki, Bormwer acknowledites that ft cost or the insurmoa trovarage so ob»ined might signilloantly exceW 1 he cost Mins uranco 1 Burn»vcr rmrld have nttalned. Any amounts disbursed by Wider under this Seedon S shall bowine a ental dabs of N<xmwer scoured by this Security Instrument, 'These amounts shall bear inier>:st at the No rate firma tine Jatc of disbursement and shall be payable,with such inkrest,upon notice from Lender to Bo requesting payment. All Insurance poli"required by Lender and renewals of such policies shall a subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and Orill name Lender ns mmtgngoe endla'as an additional loss payee.Lender shall have the right to hold tj a pulltdea and renewal certificate.If Lender requires,Borrower shall promptly give to Lender all recelpit of paid premiums slid renewal netioes.1 r Borrower obtains any form orinsurance coverage,not otherwise 1 equired!by Lender,flit damage to or destruction or,the Property,such policy shall include a xtandsrd mo tpge etause and shall name it Mer as mortgagee and/or as an additional loss payed. in the event of loss,Borrowershall give prompt notice to the insurance carrier i and Lander.bender moy make proof of loss if not made promptly by Borrower.Unless Lender and Boric Yer otherwise agree In wrldrig,arty Insurance proceeds,whether or not the underlying Insurance was requi ed by Loader,shall be applied to restoration or repair o f ilio P roperty,if the resteration or repair Is sea m cahly feasible and I.,undees security Is not lessened.During such repair and restoration period,ran shall have the-right to hold such insurance proccods until Lender has had an opportunity to inspect audt prol crty to emirs the wore bars bears completed to Undoes satistlietlon,provided that such Inspection shall urltlertaker promptly. IA%dgr may disburse praceods fur the repairs and restoration in it single payinant oi in o series of progress payments as the work is completed, unless on WeeroeM i.e.made in writing or A iplktiwa I.asv rogttlret. interest to be paid on such Insurance prvcceds,Lender shall not he required to pay f orrawer sty iniereM or earnings on such proceeds.Pees for public adjusters,or other third penitis,retained b Borrower shall mit be paid out ofthe insurance proceeds and&hall be tha sola obligation of Borrower,If Il ftmomima or rrpmir is not economically frssible or Lender's Security would he lessened,the insurance proc ods shell be applied to (h u sums scouted by this Security Instrument,whether or net then duo,with the .as Ir arrv, paid to Burrower.Such insurance proceeds shall be applied in the order provided for inSecti n 2. if Borrower abandons the Proporly.Lender may•file,negotiate and settle any pi llama h ,.urance clnlm and rotated matters.If Borrower does not respond within aQ days to a notice from 1 Ilett the insumnrc carrier NO Offered to settle a clahm,then Lender may negothale and settle the claim, the 3o-day period will bcgm when(he notica is given. In either event,or hr lender acquires the Fropty y urdor Section 23 or tn:NK4YI.VAN1A-- PSNfrnmlty—YsnotvM.t/frctlditWeUNIFORMiNaTRtrMM' l+�rm3trJ911a1 Marta QNt{IbrJ,Y. ITEM2ML5(M {HgA6or fel otherwise,Borrower hereby assigns to Lender(n)Aorrower's rights tb any Insurenct"proceads in an amount not to exceed the omounta unpaid under oho Note or this Security Instrument.and(b)I Iyalhor of Hornrwer's rights(other than the right to any r ef6nd of unearned premiums paid by Rorrowi r1 ander nil insuronea policies covering the Property,insofar es sueh rights are applicable to the cmrarage f the Property.I.cixior may use the insurance proceeds either to repair or restore the Properly or to pay am unts unpaid Imckr lite Nota or this Security fnstritmont„whother or riot tlieit due. 6, Occupancy. Borrower shill occupy,establish,and use the property a Borrower's prnnipal residence within 60 days after the execution of this Security Instrument and shall 4 anti-rte to occupy the Irropeily as Borrower's principal residence for at least one year oiler the date of om upancy.imless I.ender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unit%% exicunrtuhng circumstances exist whloh are beyond tlarrower'acontrol. 7. Preservation,Maintenance and Protection of the Property; 11#90tollv I&Hormwer shall not destroy.damage or Impair the Property,allow the Property in deteriorate or commitwaric till the prolk'ny. Whether or not Borrower is residing in the Property,Borrower shall mafntaln the In ardor to prevent the Property from deteriorating ar decroasing in value due to Its condition.Unless It is terminett pursuant to -Section 5 that repair or restoration Is not economically feasible,Borroww shall prom n maly repair the Property If damaged to avoid further deterioration or damage, if insurance or condannatin prooceds are paid in connccHan with damago to.,ar this taking of,the Property.Borrower shall Ix:res Alt for repairing or restr rb+g the Property only if Lender bas mleasod proceeds for such putrposas,Lender y disburse prooceds for the repairs and rostoredon in a single payment or in a aeries of progress p ents w the work is completed. If the insurance or condemnation proceeds aro nut eufiiclent to repair r restore dic Properly, Horrowor is not relieved of Borrowers obligation for the completion of sxh repair or toratinn. Londor or its agent may make reasonable entries upon and inspocl'tcxus of he Property, if h has reasonable cause,[.ender may Inspect the interior of the Imprnvcmenis on the P y.tender shat(give Borrower notion at the time of or prior to such an Interior irupeetion specifying sties asonable cause. 8. titorrowtet Lasa Ap plicallo t, Borrower shall be Indefault if,durin One Loan application prucess, borrower or any persons or entities noting al the direatian of Ito r of with Porrowees knowledge or consent gave materially false•misleading•or inacconno information statement,;statements to 1 seder (or failed to provide Lender with material infotrnatlon)in connoetlontviih the loan. olcrW reproscritetinnp Include, but ate not limited to, ropresentatints concerning Borrowers ocoupa y of the Property 1rs llorrower's principal reeldenoo. 9. Proteetlon of Lender's interest In the Property and Rights under th tasourity instrument. If'(a)Borrower lolls to perform the covenants and egreomenis contained in this Socui y InAniment.(b)char is a legal proceeding that might significantly affect Lender's Interest in The Property Indfor rights anticr this Security. Instrument (such as a proceeding lit bankruptcy, probate. for condemn inn nr Yarfeiture. for enforcement of a Ilan which may attain priority over this Security Instrument )r fn enforce laws or rtplatlons),or(c) Borrower has abandoned the Property,den i m*r may do ai d puy for whntcvcr Is reasonable or appropriate to protect Lender's itnerest In the Property and rigs 4 under this Securtls, Instrument,Including protecting and/or assessing the value of the Property,and secur ng arbor repairing Ore 'Property.Lender's Rotions can tnolode,but are not limited to,(a)paying mty.suint, ,ured bya lien whiuh Inas priority over this Security Instrument,(b)appearing in court,and(c)paying teas ask aurntrcyf feta:b protect its Interest In the Property and/or rights Meier this Security Irtstrumont,inch ng Its scoured positimn In a bankruptcy proceeding,Securing this Property Includes,but is not limited t0. tering the Property to make ropairs,obange looks,replace o r board up doors a nd volndmws,dr sin w ate from pipes,eliminate building or other coda viola ions or dangerous aonditlons,and have utilities turn d on or oft Although ltinder may iske action under this Section 9,Lander does not have to do so and t, not under any duty or ohligal loft to do so.It is agreed that Louder incurs no liability for not taking arty t all actions authorbod nutter this Section 9. IV.-, NVI.VANIA tilnldai'wally-FlnnkMeHFre0dirAtopVNIFORKIIWIRlatlislr Pam 3rytffil Was er..aw, tr¢tri fraotYtecosr rr+q+rw ori Any amomla disbursed by Lender under this Sotxion 9 shall become nddifional t orOurrnwer-jecutcd by this Security instrument.Theso amounts shell bear interest et the N M rote from it a dart:of disbtrrvcrnrni end stall be payable,wlih suoh lmeteet,upon notice ftam lender to l3orrower"mflf gpoymr4m. If this Security Instru mont is on leasehold.Borrower shall comply with all the pvlstm>a ofihe(rase. if Borrower soquiras rag title to the Property,the leasehold tuul the fee We shall m i mage:edeas;tender agrees to the merger In wrlting. 10. Merges Insnrsmee,If Lender required Mortgage Insurance ars a condlti n ofmuking the Loan. 1lurrrower shall pay the premiums required to maintain the Mortgage Insurance in a 00,IF,for any rw%on. the Mortgage insurance eovarage requin�by tender ceases M be avalMhlo from t mortgage ln6rn•et Ilett proviously provided such insurance and Borrower was required to make separate) designated payments toward the premiums fbr Mortgage insurance,Borrower shall pay thapremiums roq red to obtain unvernge Aubstanlially equivalent to the Mortgage Insurance previously in cocci,at a cost su ntially equivalent to lite cast to Borrower of-the Mortgage insurance provionsty In effect,from an aIle sit mortgage insuver selcotod by Lender.If substanNatly.aqufvalent Mortgage insurance eovdrage is not a liable,8mrowrx shall tmintinue to pay to Lander the sanctum or the separately designated payrecrts tit 0 were due when the insumnext coverage eased to be In eMct, Lender will aooapl,use and retain the payments as a non- mfirtdable lass reserve In lieu of Mortgage insurance, Such loss reserve sit 11 be own-+refundable, notwithstanding the(hot that the,Loan is ultimately paid in till.and Lender shall ioi be requinxi to pay liurrower any Interest or earnings on such Ions reserve,Leader can no longer require I=rescrvc pa>mcnL%If Mortgage insurance coverage On the amount and for the period that Lander requires)prnvidocl by an Inwrer r elcated by Lender again beoomos available,is obtained,and Landor requlres soparat y dexignated payments toward the premiums for Mortgage Insurance.If tender required Mortgage Iran rice as a conatbcm or making the Loan and Borrower was required to make separately designated paymer s taward the prof lums (br Mortgage Insurance;Borrower shall pay the premiums required to maintain Mom age Insane in tired, tor to provide a norrreftmdeble loss reserve, until Lcnder's requirement rix Mort' age Insurance%Ws lot accordance with any writton ngreememl between Borrower and Lender pruviding for eh termination or timil torominatinn h required by Applicable Low,Nothing In this Section 10 afll:cts Bot r't ohHgetlon to pan. Interest at the rate provided in the Nola, MoNgage Insurance reimburses Lender(or any entity that purdtnaesThe Nate► or mutahh lmruea 11 may incur if Botrower does not repaylhe loan as agreed.Borrower is not a party to Ihg M rigage bnstmno, Mortgage Insurers ovahuate their total risk on all such inaurance In force llom tit to time,nod ntnv unier Into agreements with other parties that sharp or modify their risk.or Mm losses,llama ittementq ere on turns rued conditions that are aatisflwtory to the mortgage Insurer errd the ether party(or para )to tlx:se agreenignis. 'nitres agreements may require(foe mortgage Insurer to make payments aft any s urge of nmdu Char ate mortgage insurer moy have available(which may Inclede funds obtained from Mortgage nsrmncu ptuonilrms)• As a result of!hese agrcemams,lender,any purchaser of the Note,another hot 1rar,any rchmircr.any other only,or any affiliate of any of the foregoing,may receive(directly or Indi ly)amounts that derive (Mtn(or might be characterized as)a portion of Borrower'A payments rot Mgxtgago insumnee,in chdtonga for sharing or modbty(ng the mortgage insurer's tisk,or reducing lasses if such ego einem provides that an nffillato of lender takes a share of the hearer's rick in exchange for a she"of th, premiums pair)to the insurer the arrangement is often termed"captive reinsurance."Further: (a) Any such agreements will not affect then molnts mal Borrower as agreed to pay for Mortgage Insurance,or any other terata of the Loan.Such agramrente will n increase the smsunt florrower will owe for Mortgage Inautxace,and they will not entitle Borrower any refund. (h) Any such agreements will not atllrct the rights borrower has—.if on��ith reaped to the Mortgage Insurance ander the Homeowners Protection Act of 1998 or any oche law,These rights tray 'Include the Nght to rtxelve emain dlsc(osares,to request and obtain callelli otion of the Morpgr Insurance,to have the(Moron*Inarranee terminated automatically,andkr to cceive 1 refund ofanv Mortgage Insurance premiums that were unearned at the time ofsuth canWiat or termination, rrW4N,YI.VANL%V1a$IORnolly—LaonkMwWrxdehhlovVNI1K) S1INJOKI'AtWl' ram JD,MlNt uses gnuom., R{M QrOEI.!(0609) 1�a Or N, I li. Assignrneatoof MBceliantontProieeedst Petkiture, All Mls"llaneou Proceeds my herthy assigned to and shall be paid to Lender. if the Property is damaged,such Miscellaneous Proceeds shall be applied to nation or repair of the Itrnperty,If the 1`031001111011 Of repair La economically feasible and L.ender's secu(hy is lessened.During such repair and rostomtiou period,lender shall have the right to hold such M(tcelbneous weveh until Lender has had tun("MILKY to inspect such Newly to ensure the work 1►aS been cotnploW I Lender a sallsl'Won, provided that such Inspection shall be undertaken promptly.Lender may pay for rho ars and restoration in a single:disbursement or in a series orprogress payments as the work is completed.Un an agreement is made Jet wri,htg or.Applicable Law requires interest to be paid on such Miscetkatoom peroft ds.I,entier shall not be required to pay Dorrower any]merest or comings on such Miscellaneous Proceeds.if( revtomilan or Wreolt Is not economically feasible or Leader's Security would be lessened,.tho Miscellaneous ds shall he appiied to die sums secured by this Security instrument,whellem or not than due,with the excess,irony,paid to Harrower:Such Miscellaneous Prscoodt shall be applied In the order provided for in S ion 2, In the event of a total taking,destruction,or loss in value of the Propcgy.the j 4iscellaneou%proceeds shall be oppiied to the sums vacured try this Security Ins►ncmcnt,whether or nut then cluc.with the m-ow,it any,paid to Hormwer. In the event of a partial taking,destruction,or loss in value of the Property It which the Ihfr mnrkei value ortho Property immadiatoly before the partial taking,destruction,or lum in vali tc is equal to or grunter than the amount o r the sums secured by Iris Scmlty Instrument im mediately lidba:the partial taking, destruction,or lava in value,unloss Aotrower mid Lenderotheiwisc Mrou In will ing.I 10 sums secured by tads SecoNly Instrument shall be reduced by the amount of the Miscellaveom Proo ods multiplied h) tin, following traction, (a) the total amount of the sums aecured immediately heF ire the partial taking, destruction,or loss In value divided by(b)the fair market value of the Pnrputly Imodfololy hch►re tiro partial tatting,destruatbn,or lase lei value,Any balance"I be paid to Borreim, In the event of a partial taking,destruction,or loss in value of the Properly h which the rah•uunkri value of the Property Immediately berore the partial taking,destniclion,or loss It valve is lens than the i etmouret of t he sums secured Immedlately h efore ilia partlol taking, destruction, 1 as..;111 value.unlem harrower and Lander otherwise agree in writing,the Miscellanem Proceeds shall w t►ppifeJ to alta soars aecurod by this Security instrument whether or not the sums are then dire. If the Property,b abandoned by Borrower.or if.after ntnice by Lender to Borr iwer that the Chijasshgt Party(as dA td in the noxi sentence)offers to make on award to scltle a claim for do lagm Bormwcr(bila to respond to Lender within 30 days after rho data flit notice Is given,Lender Is authoTim to oolloet and apply iM Miscellaneous Proceeds elther'to restoration or repair of the Property or to the suras trod by this gectrity Instrument,whetlearor not thon duo."opposing Party means this dulrd party thato m iorrowor Miscellaneous Pmmv&—or the part'agolost whom Hotrowor has a right creation in regard to livikWin,sous Proceeds, Unm wey shall be In deibutt if any action or proceeding,w1►eihor civil or crimtresl,I begun that,in lm*r3 meal.could result in forteiruo of the Property of other roatetrisl hnpsirmant of rider's interest in the PeWiorty or rights under this Security insirume m Burrower can case such a dofauh ind.If oweleratlmt has mturrod.roinstato as provided in Section 19,by Causing the action or Proceeding to he dismissed whh a ruling fleal,In Lcndces judgment,precludes forfeiture of the Prnlierty or other material empRIry jont of I. redder's kiturest In ilia Property or rights under this Security In►stturnent,1*protxxda of any award or ci itis for damages that ate attributable w the impairment of Lender's interest In The Property are herebyassigned wK shall be paid in Lender, All Miscellaneous Proceeds that ata apt applied to restoration or,repair of tht P opeity shall be applied In qte order provided ror In Section 2. tZ 04rrowtr Not ft0 e"Oell Forbeerr*nt:e BY Under Not a Waiver. Gx ension or ilia rime tor pwiem or mad(fication of amortization of the sums sedated by this Seatuity tiara,non,grunted by lander to llurrcwer or any Sueoiessor in interest of Borrower shall not operate to release the iabliky of Burrower in any Successors in Interost of Borrowor,Lender shall not he required to esrnnmcrtcta 1 roccedhilp oyalnaf nay Successor in Imecesu of Borrower or to refuse to extend time for payment or dherw se modily aolartbation 4PvN•NIM VAMA•..Rltisle tYsnttty+-#AnMt hut/Ftwdir Mat MFORM iNLyMl1A*Vr }arm�aJd lHt1 JIM rrar�ieoaat000ai a•�•" mittAdra of*the sums scoured by fids Security InstwMent by reason of any demand made by d e orlglnal Horrowor or any Succeaams in interest of Borrower. Any forbearance by Lender in exereisl any right or rcniedy In luti1q,without limitation,Lenders acceptance of payments from third persons. nicks or Succeosars in faletevt of Borrower or in amourds lass than the amount than due,shall ow be a% 'ver of or preclude the cxcmise of any right or remedy. 13. Joint and Several l.Llbliltyl Co-signers; Successors and Assl a pound. Borrower covenants and ogl+asa 1 but B orro%w's obligations and liability shall be Johit atxl anus, However,a ny Harrower who co-sigm this Security instrument but does not execute the Dote a'bo- iLtner"); {n) is v"Igning Ibis Security Instrument only to mortgage, grant and convey the co-igner's intero.ai in the Pmpony under the teens ofthls Security Instrument;(b)is nol,perscnaily obligated i pay the sums vtured by this Seeurily Instruirenk and(c)agrees that f.endar and any other Bormwor can a rce to extend,mrdty. ibrboar or make any accommodations with regard to the terms of this 3ecwhy Instrui nt trrthe Now without the w-signer'a consent. Subject to the provisions of Section IS.any Uccasxor in Interest of Borrower w to acstunos borrower s obligations under this Security Instrument in writing,.and Is approved by Lend Jr. shall ohtuin all of Hotrower'a rights and benefits under this ficccrity Instrument, Borrower shall not be retcoscit train Burrowers obligations and liabiitty under this Security Instrument voIcss I.mder iq mes to inch release in writing.The covenards and agrec tents of this Security Instrument shall hind)oxcept as provided fit ticelian 20)and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge B orrower rocs for services peribm ad in connection w ith llurrower'.r default, for the purpose or protecting Under's interest in the pro and rights uaxlor this Security Instrument,including,:but not limited to,attorneys'fess,property inspeAN i one valuation i@e s in re(Iord to any other No,the absence of axpress authority in This Socurily Instrument 10 eFarge n specific:fee to Borrower shall not be construed as a prohibition on the charging of such fen Lem or may lint chnrge fees that are expressly prohibited by thisSocurity Instrument or by Applicable lAw. If the Loan k subject to a law which sets maximum loon charges,and that law s finally interpreted m that the interest or other loan tdlarges colleeled or to be ooflected in conm,4ion wl h the Loan euceecl the pormitted limits,then-(a)any such loan charge shall be reduacd by the amount t atessary to reduce the charge to the pentAtted limit.and(h)any sums already collected from harrower%0 ch exceeded permitted limits will be refunded to Borrower,lender may choose to make Ibis refund by"s Ing the principal o%wd under the Note or by making a direct payment to Borrower.if a refund reduces ptirn Ipaf,the reduction will he ireated as a partial prepayment without any pnpaymenl charge(whether or trot prepoymont chargo is lrnhvided for under the Note),Borrower's acceptance of any such relbnd made by dl payment to Borrower win utmstituteawaivcrcrony riot oractionBorrower might have wbingoulofs overcharge. 43. Notices.All nodom given by Bonower or Lender In oonAwton with this Set rity hts1ru nevi must he lot writing.Any troth%•to BOW=In cooeeetfon with ibis Security Imtrlmtem shall be de Mee to have been given to Borrower whan.malied by flat chis mail or who actually delivered to Borrower's oiloo addrosm irsent by other moans.Notice to arty one Borrower shall c uns tie notice to all Borroivras unless ppcabte law expressly requires othetwiso.'rho notice:address shall be the Property Address unless Borrower to s designated a xtftifuto notice address by nolloe to Lender.Bonuwcr shall promptly notify lender of Bomnv 's Cha»ge of address.I f i.cnder spcei8tx it ptaccdute farrepordng Borrower's mhangc of addittss,then Borrower Il only rcpon a chitiVe ofaddross through that specifled procedure.There may be only one designated Wee Rd Iress tinder this Sctvrky ltwdvmont at any one lime.Any notice to Lender shall be given by doliveting it or by ma ling Irby first clam mall to Lender's address stated herein unless Lender has doslgnnted another address by notice a PA rower.Any Iii4ke in cotinootion with this Seourtty instrument shall not be domed to have been given n I.etuler cmtil aUP4 received by Lender.Irony notice raqulred by this Socurfiy)nstru+nerbt is also required irrddr Applicvhhle I rev,the Applicable Law requircInOrd will so"the ontrespmtdingnquirement ander this S�wrii•Insfrumead: 16, Coverning Law,Severabl111yi Rules of Construetton.1rhis Swaip Instri ntcr,t shallbe grbvarncd by federal law and the law of thelurisdicthm in w Will he Property is to ked. At r Ighm soul 1 +Ibgatitaix NKYNNVI.VANfA-,Yirrgtupamtly—t`anniet4xdPmddlrblot liNfFoRsitNtiTNi,mkwr Ft"I atoIN1 nRNA hTLM�r00110 teG00) e•9401)a.- IHyN , vonlained in this Security Instrument are subject to any requirements and Ifmilatio of Appllublu Law, Appllwble[,cow might explicitly or irrriplieitly allow die patties to Woo by Omtotet or 111 1119k be silent,but such alone shall not be construed as a prohibitlon against agreement by contract.In the aw it that any provision or chiusc orthls Security instrument or the Note conflicts with Applicable Low,such conA et shall not affect other Pmvislans Of this Security Insbaelem or the Note which can be given efleet withoul lhet mflinong provision. As used in (his Scourfly Instrument: (a) ward., of the masaulinc gender 11loll mean sial include tmnaprmding neuter words or worsts orthe feminine gander;(b)words In the singuWr shag mean and inchato the plursl and vice versa;and(c)the word"may"gives solo discretion without sly Wil iflon to lake any nein, M .Borrower's Copy.Borrower shall be given one copy of the Nole cad of lb(-Security Instrument, 118. Transfer of the Property or a Denenctal Interest In Borrower. As u ad in dill,.Section, is, "Interest In the property"means any logal or beneficial Interest in the Property.Inchr hug,but not flailed to. (hose beneficial Interests t transferred In a bond for deed,contract fordeed, install e"I sales vontrncl ur escrow agreement,the intent of which Is the transfer of title by Borrower at a future di tu to a pumhaser. If all or any part of the Property or any Interest fn the Property is sold or ttanaf d(or iI'fiom%wr isnot a natumi person and a b5MA111nl ITIM el in Borrower Is sold or without bender's prior wriuvu consent, 1.4ttder may require immediate payment fn full of all sums securtd by th Saeurhy h u4nuncol. However,this option shall not be oxerefsed by Lender If such exercise Is prohlbhed by pplicrible f.ow. If Lender exercises this option.Ltntler shall give Borrower notice of acceler lion.'f11c nodus%IMII provide a period of not fess than 30 days flam the date the notice is given in no m wilh Section IS mu within which Borrower mustpay all Stems secured by this Security 1nsirument.if Bo war felt,to pay Ihese stens prior to the expiration of this period.Lender may invoke any mmWics pun tilled by thin S elfrily Inxttument withotrt further noticoor demand on Borrower. 19. Borrower's Right to RtI stme After Aeeeferatlov. If Notrowar in certain counlitiom, iiormwer shall have the right to kava enforcement afthis Security instrument disocar'meed at any time'priur to 1110 oarlicst Of,(a)flue days before Said of the Pmporty ptesuard to any power o'sale contained in this tier 111rity lnstrttmetu;(b)such pother period as Applicable Law might specify for the lot nination of(iorrmver s rlghu to reinstate;or(c)entry of a judgment enforcing this Security Instrument '1 ere condil(ons tie that 1)orrowor:(a)pay3(.ander all surras which then would be due under this Security Insi umem and the Note as If nu Roeclaratlon tad Occurrhd:-(h)cures any delhult of any other eovenonts ora emenia:(c)pays alt uxponsus inanred In enforcing this Seehuity instrument,including,but not limited A,rersonuble attorney.,' feuw,Property lrspecaort and vahratioa fees,and other fees Incurred for the putpox of pm lec(ing lAndef a tnraest in the Property and rights under this Security Instrument;and(d)takes suo action as imider may ransenably require to assure that Lender's interest In the Property and rights under t is Security hnatnmient. and Borrower's obligation to pay the sums secured by this Securlty Instrument,sir It oonlinue totclangod, I onder mny"Im diet Borrower pay such reinmatentent scans and expenses in one more of the following terms,as selected by Lender:(a)cash;(b)money artier.(t;)cervi fled oheck,bank chi k.trnasurnr's chock or cashier's cheek,provided any shch chock is drawn upon an institution whose do nits a ro Ins tired by a federal agency,instrumentality or entity,or(d)Blectron(c Funds Transfer.I.Jpnn rein natoment by Rwrower. (hi.,Security Instrument and obligations secured hereby shall remain iblly affective if in)gmckrahon end occurred.However,this right to.reinstate shall not apply In the case ofsometailon un fer.Section Ill. 29. Sale of Note;Change of Loan Servicer;Natke of Grgevanae.The Not or a pudial Inlentisi in Ilea Note(together•with this Security instrument)can be sold one or mole Itmea vithoul prior notice In Borrower.A sale night result in it eharhgo kir the entity(known as the"Loan Sorvlct )drat collcars Periodic Payments due under the Nota and this Sceurity instrument and performs other It orlgago l oun s crvMng Obligatlorhs under the Neto,this Seowity instrument,and Applicable Low,11we gig might k>-one or mnuv chhangas of the Lm Servicer unrelated to a sale of the Note. If thew Is it chang of:he Luer sw-Wo.T. norrowor will be bmven written notice of the change which will state the name and a elrems of the new Loan ti+rvicar,the address to which payments should be mode and any other informati M RMA requirex in connection with a nodes of trarsfor of servicing,if The Note is sold and lhercefler 1 ,(,oao is serviced by a PENWISAMIA—rdagla Fotoity—Nannie Mse*1rWd)e Mar IINIFORM 1..WrRilivivYr t•nrm Jul)IMI ,no uenttrwln(aawt I I'°"W ePW ipp rl M fA .nan.Sarvicer other then the pordwar of the Nota,the mougage loan servieing obllg'(into in RMrower will remain with the loan Servicer or be t{ansfertrd to a successor Lwin Strvlcer and »+u assumed by tho Note purchaser unless otherwise pn►vided by the Note purchaser. Neither Borrower nor Lender may commence,join,or be Joined to any Jrdh: i{Minn(as chl►ca•nn Individual litigant or the membdt ore class)that arises from ilia other party's actions rsunn(to this Security Instrument or that alleges that the other party has breached any provision of,or any d y owed by reawn or this Security Instrument,troll Such Borrower or Lender has notified time other party, itb outfi nothx givon in compliance with the requirementa of Section i5)of such alleged bnmO and affo the other party Iharetn a ivasnnable period after the giving or such notice to take corrective action,if App laabfe I.aw provide] u time period which must etapsa before owitin action can be taken,that lime period will be deumMi N►Ili: reasonable for purposes of this paragraph. The notice of acceeeerstion and opporl pity In entre given to Burrower pursuant to Section 22.and the notice oraconlemlion given 10 Borrower nmmaant•to Section IR shall be deemed to satisfy the notice and opportunity to take corrective action pravis is of this.scetion 20. 21, Hazardous Substances. As used in this Section 21: (a) -I1amsdous uhgancae' arc datvc substances defined as tondo or hazardous substances,pollutants,or wastes by Enri nmental I as and Ilhc following substanoes:gasoline.kerosene.other flammable of toxic petroleum prod toric pesticides and herbicides, volatile solvents, mulerlals containing asbestos or formaldehyde, and radioactive materials; Ib)"Environmental Law"means lbdemi laws and laws of the jurisdiction whore the >roperty is located that rotate to health,88110ty0r envitonmeniol ptoteclien: (c)"P;nvironmenlal Cleanup" inohudes any rcapnrme nation,remedial action,or removal action,as dethted in Errvironmentoi (,aw;and d)an"F;avironniontal ('nildil tan"means a condition that can cause,contribute to,or otherwise trigger an En Ironmentat(Cleanup. Borrower shall not cause or permit the presence,use,disposal,storage,or rat or any Hazardous Sebstancea,or threaten to release any Hazardous Substances,on or in an Properly, 3unrower shall not do. nor allow anyone 01.40 to do,anything affocflng the Property(a)that is in vlalmim of say F.nvironmeolal I Aw,(b)WHO creates an Rnvirorruonlal Condition,or(c)which,due to the ,use,or release of a I hazardous tilabmant e.crtsies a condition that adversely affects the value of.the Prop ly.The preceding Iwo mentenem shall not apply to the presomce,use,or storage an the pro"of small I uanlities of Florardous !substances that ere generally reoog{ilzed to be appropriate 10 normal nssldentisl uses and to main(enamo sof the Property(including,but not limited to.hazardous substances In consumer product Horrower shall promptly give Lender written notice of(a)tiny investigatlon, lair,demand. Imvsuif nr other action by any governmental or regulatory ager►cy or private party invo Meg the Property and tiny Hazardous Substance or Noviroonontal Law of which aotrowa has act, I knowledge, lb) any P.nvironmetttel Condition,Including but nol limited to any spfiling,leaking,discha release or threat or release of any Hatmdous Substance,and (o) any ccmditlon aaused by the prosene,use or r IMM off, Ham�rdous Substance which adversely effects the value of the Property,if Borrower ceras,or is natiftcd by any gavemmantal Or regulatory authority.or any private parry,that any*novel or her rwncdiatlon of any Hazardous Substance allecting the Property is necessary, Borrower shall prwn fly take all m•certsory remedial a e:tions In a coordante with E nvironmentnl Law. Nothing heroin shaII to on).obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENA11M.Borrower and Lender forlher covemant and Ail cc tit Rrllows; 22, Amlerallam Remedies,1.4ndershall gh a notice to Borrower prior to mectlertition foltow(niq Dorrowtr's breach of any covottanl or agreement In this Sccamky Imtrwm f (but not prior to ttoaelvwlbn wader Section 18 unless Applicablo Law provides ofhtrwire). Looter gall notify Borrower of,among other tdlags:(a)the defanlll(t►)the action required to tari the default,(c)when the defanit must be cored, and (d) that failure to care the default is sp tilled may resuh in atteloratbt►of the sums secured by this Security Instrument,tottteAsare by j iclid protetdiag and sale of the Property.Leader shall further"rim Borrower of the right to lei ale liter acceleration and the right to assert in the,roreobsure praceed(ng the non-exist eace of a Qofa t err any otiicr defense Of Bpt'1'awtr to aeeeltmratfan and foreclosure, Ii'the Aofaoft b not cure)ser s ified,bander at its Option may require in►ntedlote payment in NO of ail sums secured by this Seturi tYInstrument without P00811YANiA-••,%kWol9md(y--T+andtAl►tN"d01rMet IINIFORstlNTFRUNOW'I' VormY*91/a1 amreolnta»or I Ce+�oo� {Peet rl n mi! I. i I i' further demand and rosy forleiose this Security Instrtrrtrent by,jadloMl pralee Ing, Lender shall he entitled to ecpect ail expenses Incurred in pursuing Me remedies prrovlded in tet Section 21,Including, but not limited to,attorneys'fees and costs*1441a evidence to the extent petrol by Applicable taw. 23, Release.Upon payment of all sums secured by this Security Instrument,I its seeurily Instrument and(tx estate conveyed"it terminate and become void.After such occurrence,t r$hall d1whorge And tcatist'y,this Security Instrument.Borrower shall fray any recordation cost&tender mr, uhnrge iinnt,wcr n li+o for releasing this Security Instrument,but only if the feels paid to a third petty for vicar renderetl 111)(1 the charging of the fee Is permitted under Applicable Law, 2A, Walvas.Borrower,to the extent permitted by Appiioebie Law,waives; d ndeases any error or defects in proceedings to enroree this Security Instrument,and hereby walvea the efit ortmy present or fuluro InwwS providing for stay of execution,extension of time.exemption"m attee ant,levy and We,and homestead exeniplimt. 25. Rehtatstemwrt petters Borrower'$limo to reir►state pravtdeE in 5edion I9 all extend to one hour Mar to tim commenoement of bidding at a shorifi's sale or other sale pursuant to";, rity Instrument. 26. ParEhase Murray Mortpgo.(r any or the debt Secured by this (ecu' itosfrtrmcrrl is hent to iltumwet to acquire title to the Property,IhtsSeeurity Instrument stall be a purclmse rangy mortgage. 27. interest Rate After Judgrtleat.Borrower agrees that the interest rate p ble after a audglnoni is entered on Iho Nde or In an action or mortgage foreclosure aha11 Who rate payable rom time to time under the Nota BY SIGNING BELOW,Borrower accepts and ad(rees to the terms and cove nta contained In pages I through la of thin Security instrument and in any Rider executed by Borrower&W corded with h. (Soul) _ (seat) Barkaarn Eriakeon (Neal) tl,un,WM ap,ro+xcr �Ilumnvcr dhMrt,n�r Witnvw Witness., t 1'1J�Wt,►'rA'AMIti—Singtot'array-.iLamkiNit/FreddieMfctrMtF(M�t tNBTttIIMP.k'1' 3030 003 Me ITFM MM resect a+nrD.ww aa;A,aa,y, i State or ph Cottnty of Cumberland On this tho 15 day of August:, 20,07 before me. the undasigned officer,personally appeared Barbara. Rriakson known to me(or satlafactorily proved)to be the person(s)whose name(s) mdl=rihed to the within instrument and acknowledged that executed t same Fur the purposes thwuin roontinati, h IN W"MS WHEREOF,I heteunto aal my hand and official steal. N0IA'4°Gkl KpNOi 1.LENRER NO�kiiY PtS6UC cu�ta� 00 r� 00 r� - OAp,1,iSt.E 80110, MkHOH 10,2Q ( 9 hid„f r tnkv, Syy OOMMli1'diON EXP Aly commission c..pirev C..ERTIFICATEOFP1191DI'd`CS 1, Robert C. eaidis, Esq. du hereby certify that the camadd address or the within named lander is 1417 North A egnolle Ave,Ocala, PL 34478 Witness my hand this 1$ day of August, 2007 Bert is, Esq, Apm nr IcNor (t 1 t PYNN VINANIA—%tntorwy—FanairmoeffnddkstarteNtircflthlj'gsTRtlmrxr 300I/M Mani 9106orca. n�+afeneeedroost rrfyr ud to Exhibit A ALL that certain tract or parcel of land and premises situate. lyink and being in the Township of Upper Allen in the County of Cumberland and Fommonwealth of Pennsylvania.more particularly bounded and described as follows4 to Wit'. BEGINNING at a point on The western lime of Cascade Road,said poi nt being located sire hundred sixty and eighty-one one-hundredths (660.81) feet nneasu ed in a northerly direction along the westerly lige of Cascade Road from the point of intersection of the westerly line of Cascade Road and Kim Acres Drive,as shown on the he rehmfter mentioned pian of iota;thence in it westerly direction along the northern lino of Lot 20 on said plan one hundred thirty-two (132) feet to a point; thence north seven (7)d"es twenty-three (23) minutes West along land now or late of Nit. Allen Corporation,eighty 80) Peet to a point; thence in an easterly direction along the southern line or Lot No. 21 on said pian one hundred thirty-two (132) feet to Cascade.Road; thence along the westerly line of Cascade Road South seven(7)degrees twenty-three(23) minutes Fast eighty(80 feet to the place of 13LG1NNING. BEING Lot No. 21, flan of;Section 13. Mt, Allen Heights, said Plan being recorded in the Office of the Recorder of Deeds in and'for Cumberland County in Plan Dook 10,Page 67. i ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE,PA 17013 717-240-6370 •r Instrument Number-200732239 Recorded On 8116/2007 At 1:11:36 PM "Total Pages- 16 Instrument Type-MORTGAGE Invoice Number-2327 User 11.1-RZ *Mortgagor-ERICKSON,BARBARA *Mortgagee-TAYLOR BEAN&NYMAKER MTG CORP *Customer-ABSTRACT CO OF Pel. polls STABS MUT TAX $0.50 CertifiEca ion Page STATE acs/ACCESS TO x$10.00 JUSTICR DO NOT E ETACH RWORDM mus - $33.50 A3 alt or DEEDS Thisa e e now art "roRUABLE HOUSING $2l.SO. p �' � COUNTY ARCHxVZS $2.00 of this lege document. ROD ARCE ES ru $3.00 TOTAL PAI-] $60.50 z I Certify this to be r o,rded in Cumberland Con ty PA i 1� R>� 'ORDER 4 D AS i • s +-Information denoted by an asteriskn y ahaage during the verification process and may not rcfleckd on this page. j 1R8 . !f I�lIII�J�IIII��I s NOTE August 15,2007 Mechanicsburg Pennsylvania IDatel [City] IStalel 404 Cascade Road Mechanicsburg,PA 17055 [Properly Address] L BORROWER'S PROMISE TO PAY in return for a loan that I have received,I promise to pay U.S.$189,900.00 (this amount is called "Principal"),plus interest,to the order of the Lender.The Lender is Taylor,Bean&Whitaker Mortgage Corp. I will make all payments under 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.l will pay interest at a yearly rate of 7.2500%, The interest rate required by this Section 2 is the rate i will pay both before and after any default described in Section 6(B)of this Note. 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 oil the 1st day of each month beginning on October 01,2007 I will a ake these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note.Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal.If,oil September 01,2037 1 still owe amounts under this Note,I will pay those amounts in full on that date,which is called the"Maturity Date." 1 will Make lily monthly payments at Taylor,Bean&Whitaker Mortgage Corp.,1417 North Magnolia Ave, Ocala,FL 34475 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.S.$1,295.45 4. BORROWER'S RIGHT TO PREPAY 1 have the right to make payments of Principal at any time before they are due.A payment of Principal only is known as a"Prepaymeul."When I make a Prepayment,I will tell the Note Holder in writing that I am doing so.i may,not designate a payment as a Prepayment if I have not inade all the monthly payments due under die Note. 1 may make a full Prepayment or partial Prepayments without fraying a Prepayment charge.The Note Holder will use illy Prepayments to reduce the autount of Principal that I owe under this Note. However, the Note Holder may apply illy Prepayment to the accrued and unpaid interest oil the Prepayment amount,before applying lily Prepayment to reduce the Principal amount of the Note.If I make a partial Prepayment,there will be no changes in the due date car in the amount of lily monthly payment unless the Note Holder agrees in writing to those changes. MULTISTATE FIXED RATE NOTE—Single Family--F6nnle MoOFteddle Mae UNIFORM INSTkI1MENT Form 3200[All GREATLAND• ITEM 7164OL1(0611) f Puke I of.3 jmgrs) To Oda Cal:1-6065309393 0 F=616-791.1131 S. LOAN CHARGES If a law,which applies to this loan and which sets ntaxinnnn 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 collected front the which exceeded permitted limits will be refunded to tile.The Note Holder stay 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 he treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full anount of any monthly payment by the end of Fifteen calendar days after the date it is due,l will pay a late charge to the Note Holder.The amount of the charge will be 6.0000% of my overdue payment of principal and interest.I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due,1 will be ill default. (C) Notice of Default If I ant in default,[lie Note Holder may send me a written notice telling tine that if I do not pay the overdue amount by a certain date,the Note Holder inay require tale to pay immediately the full amount of Principal which has not been paid and alt the interest that i owe on that amount.That dale must be at least 30 days after the date ml which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if,at a time when I ant in default,the Note Holder does not require ale to pay immediately in fill as described above,the Note Holder will still have the right to do so if I ant 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 tie right to he paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include,for example,reasonable attorneys'fees. 7. GiVING OF NOTICES Unless applicable law requires a different method,any notice that must be given to me tinder this Note will be given by delivering it or by mailing it by first class mail to tine at the Property Address above or at a different address if I 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 TINDER THIS NOTE If more than one person sighs this Note,each person is fully and personally obligated to keep all of the promises made in this Note,including the promise to pay the full amount owed.Any person who is a guarantor,surety or endorser of this Note is also obligated to do these things.Any person who takes over these obligations,including the obligations of a guarantor, surety or endorser of this Note,is also obligated to keep all of the promises made in this Note.Tine 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 the amounts owed under this Note. 9. WAIVERS I and any otter person who has obligations under this Note waive Ute rights of Presentment and Notice of Dishonor. "Presenhnent"means the right to require the Note Holder to demand payment of amounts due."Notice of Dishonor"means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in someiurisdictious.In addition to the protections given to the Note Holder under this Note,a Mortgage,Deed of Trust,or Security Deed(the"Security Instrument"),dated the sante date as this Note,protects the Note Holder front passible losses which might result if I do not keep Ute promises which I make in MIILI19TATF.FIXED RATE NOTE- Siogic F'nmily—Fannie Mae/Fmtdtc Mac UNIFORM INSTRUMENT Form 3200 Utll caEATuwD■ ITEM THAW(001 t) (Page 2 ref 3(xrges) b Order CW I-BDo-530-93930 Fax 616-791-1131 this Note.That Security Instrument describes bow and ander what conditions I may be required to make immediate payment in full of all amounts I owe tinder 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 Lender's prior written consent, Lender may require immediate payment in full of all stuns secured by this Security Instrument.However,this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option,Lender shall give Borrower notice of acceleration.The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security hislrutnent.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. Borrower has executed and acknowledges receipt of pages 1 through 3 of this Note. WITNESS THE HAND(S)AND SEAL(S)OF THE UNDERSIGNED :`�E'� (Seal) (Seal) Barbara Erickson -Borrower -narrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower Without recourse,pay to the order of By:Taylor,Been&Whitaker (Sign Original 01111,1 Mortgage Corp. Erla Carter•Shm,E,V,P, MULTISTATF FIXED RATE N011—Single Fainly—Fannte Mae/Freddie Mae UNIFORM INSTRUMENT Form 3200 Vol ITEM T16d6W(0011) (Page 3 oj3)ager) To Orda Cal:t-8Da5369383 ohx 616 .791-10 Nationstar Mortgage,LLC PRESORT PO Sox 9095 First-Class Mail Temecula,CA 92589.9095 U.S.Postage and Fees Paid W SO 9314 7100 1170 0732 8857 97 Send Payments to: Nationstar Mortgage RETURN RECEIPT REQUESTED 350 Highland Drive Lewisville,TX 75067-4177 20140402-160 II 11111 Jill 111111111111101141111111111IIill$III I�� BARBARA ERICKSON 404 CASCADE RD MECHANICSBURG, PA 17055-5519 Ac'%k PA NOI e� T Sent Via Certified Mail 9314 7100 1170 0732 8857 97 04/02/2014 ACT 91 NOTICE TAx'z%X-u-.d ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of the Notice. if you have any questions, you may call the Pennsylvania Housing Finance Agency toll-free at 1-800-342-2397. (Persons with impaired hearing can call (71.7) 780-1869), This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION :EN ADJUNTO ES DE SOMA :IMPORTANCI:A, PUSS AFECTA SU DERECHO A CONTINUAR VTVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SL' CASA DE LA PERDIDA DEL DERECRO A REDIMIR SU HIPOTECA. PA N01 page 2oN 9314 7100 1170 0732 8857 97 y HOMEOWNER'S NAME(S): BARBARA:ERICKSON PROPERTY ADDRESS: 404 CASCADE'RD MECHANICSBURG,PA 17055 LOAN ACCT.NO.: ORIGINAL LENDER: TAYLOR BEAN&WHITAKER MORTGAGE CORP CURRENT LENDER/SERVICER: Nationstar Mortgage LLC HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty(30)days from the date of this Notice(plus three(3)days for mailing). During that time you must arrange and attend a"face-to-face"meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT"EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this Notice,the lender may NOT take action against you for thirty(30)days after the date of this meeting. The names. addresses, and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice(see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so,you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program,and they will assist you in submitting a complete application to the Pennsylvania.Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action,your application MUST be forwarded to PHFA and received within thirty(30)days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICA TION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOYE,IN THE SECTION CALLED"TEMPORARYSTAY OF FORECLOSURE. PA N01 Page 3ofg 9314 7100 1170 0732 8857 97 3 w YOU HAVE THE RIGHT TO FILE A HEAIAP APPLICATION EVEN,BEYOND THESE TIME PERIODS. A LATE APPLICATION KILL NOT PREVENT THE LENDER.FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you. if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE 1S FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT(Bring it up to date.) NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 404 CASCADE RD MECHANI'CSBURG,PA 17055 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT :MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Next Payment Due Date: 02/01/2014 Total Monthly Payments Due: $4,279.61 Late Charges: $212.72 Other Charges: Uncollected NSF Fees: $0.00 Other Fees: $0.00 Corporate Advance Balance: $0.00 Unapplied Balance: ($1,1.86.89) TOTAL AMOUNT PAST DUE: $3,305.44 HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH Is $3,305.44 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check. or money order made payable and sent to: Nationstar Mortgage LLC 350 highland Drive Lewisville,TX 75067-4177 IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY(30)DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will.be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total. amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off the IMF mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins PA N01 Page of 9314 7100 1170 0732 8857 97 A legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY(30)DAY period,you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past dueplus any late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure sale, and any other costs connected with the Sheriffs Sale as specified in writingby the lender and by ILrforming any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if,you had never defaulted. .EARLIEST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Nationstar Mortgage LLC Address: 350 Highland Drive Lewisville,TX 750674177 Phone Number: 1-888480-2432 Fax Number: 1-972-315-6827 Contact Person: Deborah Murray E-Mail Address: customer.serviceGnationstarmail.com EFFECT OF SHERIFF'S SALE-You shouldrealize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -You X may or_may not(CHECK ONE)sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale and that other requirements of the mortgage are satisfied YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE:PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITTUTION TO PAY OFF THIS DEBT. • TO:HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE:RESTORED TO TI-E SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE(3)TIMES IN ANY CALENDAR YEAR.) PA N01 page 5of8 9314 7100 1170 0732 6857 97 • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU:MAY HAVE TO SUCH ACTION BY THE LENDER_ • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CAN BE LOCATED ON THE ATTACHED LIST In accordance with the Fair Debt Collection Practices Act,Title 15, U.S.0 1692(8),you may dispute the validity of this debt, or any portion thereof,, if you do so in writing within thirty(30)days after the receipt of this notice. If you dispute the validity of this debt, or any portion thereof, within this thirty(30) days period we will provide you with written verification thereof,otherwise the debt will be assumed to be valid. Sincerely, Deborah Murray Dedicated Loan Specialist Nationstar Mortgage LLC 1.-(877)782-761 ext. 1015920 350 Highland Drive Lewisville,TX 75067-4177 FEDERAL LAW REQUIRES US TO ADVISE YOU THAT NATIONSTAR MORTGAGE LLC IS A DEBT COLLECTOR AND THAT THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED MAY BE USED.EOR THAT PURPOSE. TO THE EXTENT YOUR OBLIGATION HAS BEEN DISCHARGED OR IS SUBJECT TO THE AUTOMATIC STAY IN A BANKRUPTCY PROCEEDING, THIS NOTICE IS FOR. INFORMATIONAL PURPOSES ONLY AND .DOES NOT CONSTITUTE A DEMAND FOR PAYMENT OR AN ATTEMPT TO COLLECT AN INDEBTEDNESS AS YOUR PERSONAL OBLIGATION. IF YOU ARE REPRESENTED BY AN ATTORNEY,PLEASE PROVIDE US WITH THE ATTORNEY'S NAME,ADDRESS AND TELEP14ONE NUMBER. PA_NOI Page 6ofa 9314 7100 1170 0732 8857 97 i• � HEMAP Consumer Credit Counseling Agencies YORK County Repan last updated:.10116/2013.10:43 AM: Advantage.Credit Counseling Service/CCCS of Western PA Advantage.Credit,Counseling Service/CCCS of Western PA 2000 Linglestown Road 55 Clover Hill Road Harrisburg,PA .1.7102 Dallastown,PA.17313 888-511-2227 888-511-2227 Base,Inc. Housing Alliance of York/Y.Housing Resources 447 South.Prince.Street 290 West Market Street Lancaster,PA 1.7603 York,PA 17401 717-392:5467 717-855-2752 PA Interfaith Community.Programs.Inc 40 E High Street Gettysburg,.PA.17325 717-334-1518 W PA—N01 HC Page 7of8 9314 7100 1170 0732 8857 97 HEMAP. Consumer. Credit Counseling Agencies . .... . .... . . ...... ...... . CUMBERLAND County Report last updated:]O/W2013.10:43.AM. Advantage Credit Counseling Service/CCCS.of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514.Deny Street Harrisburg ,,.PA .171.02 H.arrisburg.PA J71.04 888-511-2227 717-232-9757 Housing Alliance of York/Y Housing Resources Maranatha 290.West Market Street 43 Philadelphia Avenue York-,PA 17401 Waynesboro,PA 17268 717-8.55-2752 717-762-3285 PathStone Corporation PathStone Corporation 1625.North From St 450 Cleveland Ave Hanisburg,.PA 17102 Chambersburg,PA.1.7201. 717-234-6616 717-264-5913 PA Interfaith.Community Programs Inc PHFA 40 E High Street 211.North.Front Street Gettysburg,.PA 17325 Harrisburg,PA.17110 717-334-1518 717-780-3940.....800-342-2397 PA_NO1 HC Page 8of8 9314 7100 1170 0732 8857 97 VERIFICATION Christy Vieau hereby states that he/she is Assistant Secretary of Nationstar Mortgage LLC, Plaintiff in this matter and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec.4904 relating to unsworn falsification to authorities. ILI k(, Name: Christy Vieau tl� DATE: 09/29/2014 Title:, Assistant Secretary Company:Nationstar Mortgage LLC S &D FILE N0: 14-046037 Barbara Erickson SHERIFF'S OFFICE OF CUMBERLAND COUNTY RonnyRAnderson `!LEO -OFFICE Sheriff at .nur,h ur THE PROTHONOTARY Jody S Smith - 2011-1 OCT 21 PM 2:58 Chief Deputy Richard W Stewart CUMBERLAND COUNTY Solicitor oFF cEOF IREsk=RIFF PENNSYLVANIA Nationstar Mortgage LLC vs. Barbara Erickson Case Number 2014-5986 SHERIFF'S RETURN OF SERVICE 10/10/2014 05:56 PM - Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Occupant, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not Served" at 404 Cascade Road, Upper Allen Township, Mechanicsburg, PA 17055. There were no adult occupants other than the defendant Barbara Erickson. 10/10/2014 05:56 PM - Deputy Jamie DiMartile, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Barbara Erickson at 404 Cascade Road, Upper Allen Township, Mechanicsburg, PA 17055. JA ARTILE, DEPUTY SHERIFF COST: $55.30 SO ANSWERS, October 15, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuite Sherif`: Tosoft, inc.