Loading...
HomeMy WebLinkAbout05-5660 , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR BANK ONE, NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED JANUARY 1, 2002, FOR BEAR STEARNS ASSET BACKED SECURITIES, SERIES 2002- AC1, Plaintiff, vs. RICKIE ROBINSON, Defendant. TO DEFENDANT You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE H~ )'('/' Ju A'< ) C!-- { {A-&~ ATTO EY FOR PLAINTIFF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 909 Hidden Ridge Drive, Suite 200, Irving, Texas 75038 AND THE DEFENDANT IS: 867 Meyerstown Road Gardners, ~ 17~24 dv\( IX L,- rliuJ i.- "- P,<-- AT~RNEY FOR PLAINTIFF CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS Township of South Middleton (CITY, BORO, TOWNSHIP) (WARD) ./ yu &-!, ('L! /)( (i.1-. (/C 6..... ATTORNEY FOR PLAINTIFF CIVIL DIVISION NO.: 05 - SU:b CL-u'L~~ TYPE OF PLEADING: CIVIL ACTION-COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF PLAINTIFF: Mortgage Electronic Registration Systems, Inc., et al. COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa, I.D. # 77991 Daniel J. Birsic, Esquire Pa. I.D.#48450 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (4l2) 281-7650 IN THE COURT OF COMMON PLEAS OF ADAMS COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR BANK ONE, NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED JANUARY 1, 2002, FOR BEAR STEARNS ASSET BACKED SECURITIES, SERIES 2002- ACl, CIVIL DIVISION NO. : Plaintiff, VS. RICKIE ROBINSON, Defendant. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a wri tten appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISE, PENNSYLVANIA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR BANK ONE, NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED JANUARY 1, 2002, FOR BEAR STEARNS ASSET BACKED SECURITIES, SERIES 2002- AC1, CIVIL DIVISION NO.: OS- - ~,(",() CiuL'-r~ Plaintiff, vs. RICKIE ROBINSON, Defendant. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Mortgage Electronic Registration Systems, Inc., as Nominee for Bank One, National Association, as Trustee Under the Pooling and Servicing Agreement Dated January 1, 2002, for Bear Stearns Asset Backed Securities, Series 2002-AC1, by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Mortgage Electronic Registration Systems, Inc., as Nominee for Bank One, National Association, as Trustee Under the Pooling and Servicing Agreement Dated January 1, 2002, for Bear Stearns Asset Backed Securities, Series 2002-AC1, which has its principal place of business at 909 Hidden Ridge Drive, Suite 200, Irving, Texas 75038. 2. The Defendant is Rickie Robinson whose last known address is 867 Myerstown Road, Gardners, Pennsylvania 17324. 3. On or about November 13, 2001, Defendant executed a Note in favor of l't National Bank of Arizona in the original principal amount of $55,100.00. A true and correct copy of said Note is Marked Exhibit "A", attached hereto and made a part hereof. 4. On or about November 13, 2001, as security for payment of the aforesaid Note, Defendant made, executed and delivered to let National Bank of Arizona a Mortgage in the original principal amount of $55,100.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on November 20, 2001 in Mortgage Book Volume 1739, Page 2396. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. The 1" National Bank of Arizona assigned all interest and ti tIe to said Mortgage and Note to the First National Bank of Nevada pursuant to the terms of a certain Assignment of Mortgage; said Assignment being recorded in the Office of the Recorder of Deeds of Cumberland County on November 20, 2001 in Mortgage 682, Page 2435. 6. The First National Bank of Nevada assigned all interest and title to said Mortgage and Note to Mortgage Electronic Registration Systems, Inc. pursuant to the terms of a certain Assignment of Mortgage; said Assignment being recorded in the Office of the Recorder of Deeds of Cumberland County on February 24, 2003 in Mortgage 694, Page 3561. 7. Mortgage Electronic Registration Systems, Inc. is the owner of legal title to the Mortgage and the nominee for Bank One, National Association, as Trustee Under the Pooling and Servicing Agreement Dated January 1, 2002, for Bear Stearns Asset Backed Securities, Series 2002- ACI, which is the owner of the entire beneficial interest in the Mortgage. 8. Defendant is the record and real owner of the aforesaid mortgaged premises. 9. Defendant is in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. Defendant is due for the June I, 2005 payment. 10. On or about November 4, 2004, Defendant was mailed a combined Act 91 and Act 6 Notice, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. ~I01, et seq. 11. The amount due and owing Plaintiff by Defendants is as follows: Principal Interest to 10/12/05 Late Charges to 10/12/05 Escrow Deficiency to 10/12/05 Corporate Advances Attorney's fees Title Search, Foreclosure and Execution Costs TOTAL $ 53,165.02 $ 1,822.04 $ 78.00 $ 0.00 $ 0.00 $ 1,250.00 $ 2.500.00 $ 58,815.06 l WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $58,815.06 with interest thereon at the rate of $11.11 per diem from October 12, 2005, and additional late charges, additional reasonable and actually incurred attorney's fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. GRENEN & BIRSIC, P.C. BY: /, 2/ ' ~/ /,Z,"JCll""jYL("'('(j.,~ Krist~ne M. Anthou, Esquire Daniel J. Birsic, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1 EXHIBIT "A" ___J r . t .. .. NOTE NOVEMBER 13. 2001 [Oat!:) MCCLEAN [Clly} VIRGINIA {Slate] 867 MYERSTOWN ROAO,GARONERS,PA 17324 IPfOpl:rtyAddres.s] :.' 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise 10 pay U.S. $ 55 .100.00 (this amount is called .Principan, pin. interest, to the order of the Lender. The Lender I, 1ST NATIONAL 8ANK OF ARlZONA 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 thi~ 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 a yearly rate of 7.6250 %. 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 on the 1ST day of each month beginning on JANUARY 1. 2002 . I will make these payments every month until I have paid all of Ihe principal and interest and any other charges described below thai 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, on DECEMBER 1, 2031 , I still owe amounts under this Note, I will pay those amounts in full on thai date, which is called the ~Maturity Date." ] will m>>ke my monthly payment"t P. 0, BOX 9490. SCOTISOALE, AZ 85252-9490 or at a different place if required by the Note Holder. (B) Amount of Monthly Payment.li My monthly payment will be in the amount of U.S. $ 389.99 4. BORROWER'S RIGHT TO PREPAYTHlS SECTION IS SUPERCEDED BY THE ADDENIlL!1 ATTACHED HERETO AAO twlE A PART HEREOF. . I have the right to make payments of Principal at any time before Ihey are due. A payment of Principal only is known as a "Prepayment." When I make a Prepaymenl, I will telllhe Note Holder in writing that I am doing so. I may Dot designate a payment as a Prepayment if I have not mAde all the monthly payments due under the Note. I may make a full Prepayment or parlial 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 lite Principal amounl of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monlhJy payment unless the Note Holder agrees in writing to those changes. 325-ROBINSON 325-0050088 MUL TISTATE FIXED RATE NOTE-Single FllmHy-Fllnnle Mae/Freddie Mac UNIFORM INSTRUMENT _ .6N 100051 MW c5/cc Form 3200 1101 <!I 'IMP MORTGAGE fORMS -1lI00t521.7291 Pagtlo13 l"hrtll:~ IIIIIIIIIIIIIII~IIIIIIIIIIIIIIIIII 1 .. t. S. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is fmany 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 shaH be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded 10 me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Nole or by roaklng 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) Lote Charge for Overdue Payments If the Note Holder has not received the. full amount of any monthly payment by the end of 15 after the date it is due, I will pay a late charge 10 the Note Holder. The amount of Ute charge will be 5.0000 my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. 'j" calendar days % Of (B) Defllult If 1 do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notfce of Default If I am in default, the Note Holder may send me a wriuen notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay irrunediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or d~livered by other means. . (D) No Waiver By Note Holder Even if, at a time when I am in-default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment 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 ell of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fC(:s. 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 n 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. OBLIGA nONS OF PERSONS UNDER T1DS NOTE , If more than one person signs this Note, each person is fully and personally obligated to kel'P all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is Ii 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. The Note Holder may enforce its rights under this Note against each person individualiy or against all of us together. This means that anyone of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. ~Prc:sentment. means the right to require the Note Holder to demand payment of amounts due. nNotice of Dishonorn means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 325,ROBINSON 325,00500BB tD.5NlOO061 . '19"2""3 Form 32001/01 lt111l.1.:~ , -. 8- 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addilion 10 the protections given to the Nole Holder under this Note, a Mortgage, Deed of Trust, or Set:urity Deed (the "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 owe under this Note. Some of Ihose conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold Of transferred (or If Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by lhis Security Instrument. However, this option shall Dot 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 nolice 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 aU sums secured by this Security Inslrument. If Borrower fails 10 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. WIrNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. ~~ RICKIE ROBINSON (Sem) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) .Borrowet (Seal) -Borrower (Seal) -Borrower (Seal) .BO{fowcr (Seal) -BorrQwer [Sign Original Only} 325-ROBINSON 325-00500B8 G-6NCOOOl5l . PIU13,,13 Form 3200 1101 , EXHIBIT "Bit ~ 5:!>f:..-- // 2'1Ii\'. \,o((l:. -S~o~ . i"~,:'.~:.-- :'. ~::~,~,:..[R [;CCoJi;:~, ,,;:Ii- SEED3. '~:JH3E.t\lt,!'~J COU:HY-PA '01 NOU 2Q fll'lll 3& Prepared By: MARIE 8REAKFIELD 7929 WESTPARK DRIVE STE 100 MCLEAN. VA 22102 Rerum To: FIRST NATIDNAL BANK Of ARIZONA 14635 NORTH KIERLAND BLVD #201. SCOTTSDALE, AZ 85254 Parcel Number: 40-43-2759-027 (Spa<< Above: Tb/.a lJDt Far ~ Dab) MORTGAGE l"{i)\ DEFINITIONS Words llsed in multiple sections of this document are defined below and other words art defmed in Sections 3, \1, 13. 1%, 20 and 21. Cenain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" mean. this document, which is 'ated NOVEMBER 13, 2001 together with all Riders to this document. (II) "Burrower" i. RICKIE ROBINSON. AN UNMARRIED MAN Borrower is the mongasor under Ihis Security Instrument. (e) "Lender" is 1ST NATIONAL 8ANK OF ARIZONA Lender i. a CDRPORATION 325-ROBINSON 325-0050088 PENNSYLVANIA. Singh! Family - Famle M..lFredcle Mac UNIFORM INSTRUMEllIT Fonn 3039 1101 _-6IPAllOOOSI 1'.~ID,'e MWOI/110 I<I\\\.....~ ....~PM()l\'l;G1<.G(~.1&tlO}f>21.121l1 IIIIIIII EMC IMAGED BK I 7:; ~ iG 2 3 96 . . organized and existing undertbe laws of THE UN IT ED STATES OF AMERICA Lender's add.." is 7929 WESTPARK DRIVE SUITE 100. MCCLEAN. VA 22102 Lender is the mongagee under tbis Security Instrument. (D) "Not." means the promissory note signed by Bormwer and dated NOVEMBER 13. 2001 The Notestates that Bormwer ow", Lender FIFTY FIVE THOUSAND ONE HUNOREO AND NOIIDO Dollars (u.s. $55,100.00 ) plus imeresl. Borrower has promised to pay this debt in regular Periodic Paymenu and to pay the debt in full not later than DECEMBER I. 2031 (E) "Propertyu means the property that is described below under the heading "Transfer of Rights in the Properly, . (F) "Loan" means the debt evidenced by the Note. plus interest, any prepayment charges and late charges due under the NOIt, and all sums due under this Security Instl11IIlelll, plus interest. (G) "RIders" means all Riders to this Security Instrument that are executed by Borrower. The following Riden are 10 be executed by Borrower [check box as applicable]: D Adjustable Rate Rider o Balloon Rider D VA Rider o Cooomniniurn Rider 8 Second Home RideJ o Planned Unit Development Rider 1-4 Family Rider o Biweekly Payment Rider CXJ Other(s) {specify] PREPAYMENT RIDER (II) "AppUcable Law" means aU controlling applicable federal, state and local statutes, regulatioDl, ordinances and administrative rules and orders (thar have the effect of Jaw) as well as all applicable final. non-appealable judicial opinions. (I) "Community Assodattoo Dues, Fees, and A5sessmeotsll means all dues, fees, assessments and olller charges that are imposed on Borrower or the Property by a CC1000minium associatioD, homeowners association or similar organization. (J) "Electronic Funds Tramter" means any transfer of funds. other than a tnmsac\\on originated by check, draft, or similar paper instnunc:nt, which is initiated through an electronic: terminal, telephonic instrument, computer, or magnetic tape 80 as to order, ilUltruct, or authorize a fmandal institution to debit or credit an account. Such tenn includes, but is not limited to, poinl-of-sale transfers, automated teller machine transactions, transfers initialed by telephone. wire transfers. and automared clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, Of proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other takirtg of all or any part of \he Property; (Hi) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions 85 to. the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or defauJt on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due fOT (i) principal and interest under the NOle, plus (ii) any amounts under Section 3 of this Security JnstnnneDl, 325-ROBINSON 325-0050088 ~.6IPAllOOOBl P.~2ol1B Inlfi"':~ Form 3039 1101 BK I 73 'JiG 2 3 9 7 , . . (0) "J(ESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.P.R. Pan 35(0), as they might be amended from time to time, or any additional or ~&Or legislation or regulation that governs the same subject matter. As used in this Security Instrument, -RESPA" refers to all tequiTCmencS and restrictions that om imposed in regard to a "federally related mongage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (p) "Succes50r iD lDterest of Borrower" means any party that has taken title to the Properry, wlu:ther or oot that party has assumed Borrower's obligations under the Note and/or this Security Imtrument. rRANSFER OF RIGHTS 1N THE PROPERTY This Security InstrUment secures to Lender: (j) the repayment of the Loan, and all renewals. extensions and modifications of the Note; and (ll) the performance of Bonowet's covenants and agreements under this Security Instrument and the Note. for this purpose, Borrower docs. hereby mortgage, grant and oon~ to Lender the following described property located in the COU~ of Rocotdina Jurildiction} of CUMBERLAND IN.... 0'_.... '"""'<tionl' SEE SCHEDULE "C" FOR COMPLETE LEGAL OESCRIPTlON ATTACHED HERETO AND MADE A PART HEREOF, which currently has the address of 867 MYERSTOWN ROAD GARDNERS ('Property Add....s.): ICi~], Pennsylvania 17324 (Sueet) (Zip Code) TOGETHER WITH all the improvements now or hereafter erected on the property. and all easements, appurtenances, and fixtures now or bereafter a part of the propeny. All replacements and additions shall aJso be covered by this Security lnsLrument. All of the foregoing is referred 10 in Chis Security Instrument as the "Property. " 325.ROBINSON 325-005008B Inlllall,<<K- Form 3039 1101 4De..sIPAllOOO8l PIQI83of16 BK I 7 3 9 rG 2 3 9 a l . . BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Propeny is unencumbered, e:tcept for encumbrances of record. Borrower warrants and will defend generally the title to the Prope~ against all claims and demands, subject to any encumbrances of record. THIS SECURITY JNSTRUMENT combines uniform cOvenants for national use and nOD-uniform covenants with limited variations by jurisdiction to constitute a unifann security instrument covering real property . UNIFORM COVENAN1'S. Borrower and Lender covenant and agree as follows: 1. Payment or PrlDclpal, Interest, E8trow Items. Prepayment Charges, and Late Charas. Borrower shall pay wben due the priUCtpi\l of, iIoIld imertst on, the deb\. evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However. if any check or other instnunem received by Lender as payment under the Note or this Securiry Instrument is returned to Lender unpaid, Lender may require Ibal any or all subsc:qllent payments due under the Note and Ibis Security Instrument be made in one or more of the following forms, as selected by Lender: <a) cash; (b) money order; (c) cenified check, bank. che<:k, treasurer's check or cashier's check., provided art'j such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments an: deemed received by Lender when received at the location designated in tm Note or al such other location a... may be designated by Lender in ClCCOrdance with the notice provi!ions in Section IS. Lender may retUrn any payment ot partial payment if Ibe payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufflcienl to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse mcb payment or partial payments in the furore. bUl Lender is not obligated 10 apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender neM Dot pay interest on unapplied funds.. Lendet may bold such unapp\\ed funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply sucb funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the NOle immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future againsl Lender shall relieve Borrower from making payments due under the Note and Ibis Security Instrument or performing the covenants and agreements secured by lhis Security Jnstrument. 2. Applialtion of Pllyments or Proceeds. Except as omerwiae described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amountS due under Section 3. Such payments shall be applied 10 each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied firs! to late charges, second to any other amounts due under this &curlly lnslrument. and tben to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficienl amount to pay any late charge due, tbe payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments i.f, and to \he. extent that, eacb payment can be 325-ROBINSON 325-0050088 0e-6fPAllOOO8l Inl~'''''.tlL Fonn 3038 1101 I't\IG"OI18 BK I 7 3 9 PG 2 3 9 9 , . . paid in fun. To the ~~tent that any excess uis\s after the paymem i!. applied to the fun payment of onc or more Periodic Payments, such excess may be applied co any laIc charges due. Voluntary prepaymeots 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 tbe Note shall not extend or postpone the due dale, or change the amount, of the Periodic Payments. 3. Funds for Escrow JUms. Borrower shall pay to Lender OD the day Periodic Payments are due under the Note. untit the Note is paid in full, a sum (the ~Funds~) to provide for payment of amounts due for: (a) taxes and assessment5 and other items which can attain priority over this Security InslJumcIlt as a lien or encumbrance on tbe Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mongage Insurance premiums, if any. or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called .Escrow Items.. At origination or at any lime during tbe term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and sucb dues. fees and assessments shaH be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the funds for Escrow Items unless Lender waives Borrower's obligation to pay lhe. Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly. when and where payable, the af\lOunts due for any Escrow Items for which payment of Funds has been waived by Lender and. if Lc:nder requires, shall furnish to Lender receipts evidencing such payment within sucb time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase .covenant and agreement" is used in Section 9. If Borrower is obligated. to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shalt then be obligated under Section 9 to Iepay to Lender any 3ucb amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon sucb revocation, Borrower shall pay to Lender all Funds.. and in such amounts, that are then required under this Section 3. Lender lllBY, at allY time, collect and hold Funds in an amount <a) sufficient to permit Lender to apply lhe Funds at the time specified under RESPA. and (b) not to exceed the maximum amount a lender cap require under RESPA. Lender shall estimate the amount of Funds due on the basis of currem data and reasonable estimates of e1.penditures Qf future Escrow Items or otherwise in accordance wlth Applicable UlW. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay Ihe Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying me Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make 5uch a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing. however, that interest 325-ROBINSON 325-0050088 InItllll':11.L- Form 3039 1101 G-6(PA) (000&1 e ".U' ~ Dr 16 BK I 7 3 9 PG 2 4 0 0 . . . shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual atC01Jl\ting of the Funds as required by RESPA. If there is 11. smptus of Funds held in escrow, as defined under RESPA. Lender shall account to Borrower for the t.xcess fimds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defmed under RESPA, Lender shan notify Borrower as required by RESPA. and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA. but in no more than 12 monthly payments. If there is a deficiency of funds held in escrow, as defmcd under RESFA. Lender shall notify Borrower as required by RESPA. and Borrower &hall pay to Lender the amount necessary to make up Ihe deficiency in accord8ll(:e wilh RESPA, but in no more than 12 monlhly payments. Upon payment in full of all sums secured by this Security lnstrUmCllt. lender shaH promptly refund 10 Borrower any Funds held by Leeder. 4. Charges; Llem:. Borrower shall ~y all taxes, assessments, charges, fines, and lmpos.itions attributable to the Propeny which can attain priority over this Security Instrument, leasehold paymenu. or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall p,y them in the manner provided in Section 3. Borrower shall promptly disch.arge any lien which has priority over this Security lnstrument unless Borrower: (.) agrees in writing to tbe payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by. or defends against enforcement of the lien in, legal proceedings wbich in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only unril such proceedings are concluded; or (c) secures from the bolder of the lien an agreement satisfactory to Lender subordinating the Hen to. this Security Instrument. If Lender determines that any part of tbe Property is subject to a lien wb.ich can attain prioril}' over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 1Q days of the date on which thai notice is given, Borrower shall satisfy the lien or take one or more of the actions set fonh above in this Section 4. Lender may require Borrower to pay a ooe--time chuge for a real es\al:e tn vt:riflcation and/or reporting service used by Lender in connection with this Loan. S. Property lnsurance. Borrower shall keep the improvements now existing or hereaftet erected on tbe Propeny insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, bm not limited 10, earthquakes and floods. for which Lender requires insurance. This U\surance shaH be maintaineO in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requim pursuant to the preceding sentences can change during the term of the Loan. The insuran.ce carrier providing me \.nsurance shall be chosen by Borrower subjea to Lender's right to disapprove Borrower's choice, wbkb right shall not be exercised 11Jlfe3SOnably_ Lender may require Borrower to pay. in connection with this Loan, either~ (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one~time charge for n()()d 'zone determination and cenification services and subsequent cbarges each time rernappings. or similar changes occur which reasonably might affect such determinaJion or certiflcation. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone detennination resulting from an objection by Borrower. "....... ,.......n..-............. ~ . . If BonoWtI faib to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lew!er's option and Bonowec's ~pense. Lender is under no obligation to purchase my particular type or amount of CQverage. ~fore. 5Ucb coverllJc shall cover Lender. but might or might Dol proteCt Borrower, Borrower's equity in the Property, or the contents of the Property, agw05t any risk. hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the inSurance coverage so obtained might signifkanlty exceed tbe cost of iMUranct: that Borrower could have obtained. Any amounts disbursed by Lender under this Section S shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interut al the Note rate from the date of disbursement and shall be payable, with such interest, upon nolke from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies sball be 5ubjea to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name: Lender as mortgagee and/or as an additional loss payee. Lender shalJ have the right to hold the poHciel and renewal cenificateS. 1f L.ender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender. for damage to, or destrnction of, the Property, such policy shall include a standard mongage clause and shall name Lender as mortgagee and.!or as an additional lOllS payee. In the event of los8, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss jf DOt tnade promptly by Borrower. Unless L::tKkr and Borrower otherwise agree in writing, any insurance proceeds, whether or Dot the underlying insurance was required by Lender, 3haJl be applied to restoration or repair of the Property, if lhe restOralion or repair is economically feasible and Lender's security is not. lessened. During such repa1r and restoratioD period, Lender shall have the right to bold such insurance proceeds until Ltnder bas baC an opportunl[}' to inspect such Property to ensure the work has been completed to Lender', satisf.ction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repain and restoration in a single payment or in a series of progl'Clls payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on sucb insurance proceeds, Lender shall not be required to pay Borrower any intt:rest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of '!be insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair i, not econmnicany feasible or Lender's security would be lessened, the insurance proceeds shan be applied 10 the sums secured by tbis Security Instroment, whether or not then due. with the excess, if any. paid to Borrower. Such iJlsurance proceeds shall be: applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and senle any available insurance claim and related matters. If Borrower does nol respond within 30 days to 11 notice from Lender that the insurance carrier has off~ 10 settle a claim, then Lender may negotiate and sellle the claim. The 3O-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower bereby assigns to Lender (.) Borrower's rights 10 any insurance proceeds in an amount pot to exceed the amounls unpaid under the Note or this Security instrument. and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Propeny, insofar as such rights are applicable: to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Propeny or to pay amounts unpaid under tm: Note or this Security InstrumePt, whether or not then due. 325-ROBINSON 325-00500B8 Olll-6IPAIIOOO81 Inlll.~ Form 3039 1/01 Pall"7DrUI BK I 7 3 9 PG 2 4. Q Z , . . 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 10 occupy the Property as Borrower's principal residence for at least one year after the date of occupancy. unless Lender otherwise agrees in writing, which consent shall oot be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenan<< and Protection or the Property; IaspecdoDS. Borrower shall not destroy, damage or impair the Property I allow the Property to deteriorate or commil waste on the Propeny. Whether or not Borrower is residing in the Property. Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due 10 its conditioD. Unless it is determined pursuant to Section 5 that repair or restoration is nol economically feasible, Borrower shall promptly repair the Property if damaged to avoid funher deterioration or damage. If insurance or condemnation proceeds are paid in connection wilh damage lo, or the taking of. the Property I Borrower shall be responsible for repairing or restoring the Propeny only if Lender bas released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Propeny, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may m.ake reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements aD the Property. Lender shall give Borrower notice at the time of or prior to sucb an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities ac1ing at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with ma1erial information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence, 9. Protection or Lender's Interest In the Property and Rights Under tbls Security Jnstrumem. If (8) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property andlor rights under this Security Instrumem (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security InStrument, including protecting andlor assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are nol limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security IWitrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is nO( limited to, entering the Property to make repain, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Althollgh 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 takiog any or all actions authorized under this Section 9. 325~ROBINSON 325~00500BB G\.-SfPAlIOOOII Pago8arll BKl739PG2403 IniU'Ia'~ Form 3038 1101 . . Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrow~r secured by this Securiry Instruntenl. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable. with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasebold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage IDsurance. If Lender required Mongage Insurance: as a condition vf making the Loan, Borrower shall pay the premiurm required to maintain Ole Mort&age lnS\1fmCe in effect. if, for any reason, the Mortgage Insutance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insunnce and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantiaUy equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Imurance. Such loss reserve shall be non.retundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require lOBS reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes a-vai\ab\e, is obtained, and l..ender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower sball pay the premiums required to maintain Mortgage Insurance in efftct, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any wrincn ~t between Borrower and Lender providing for such termination or until tennination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. MQn.gage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate lheir total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk., or reduce losses. These agreements are on terms and conditions that are satisfactory to the mongage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using afiY source of funds that the mortgage insurer may have available (which may include funds obtained from Mongage Insunmce premiums). As a result of these agTti:meDts. Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any afmiate of any of the foregoing. may recei.ve (directly ot lndi.rectly) amounts that derive from (or might be chaOlcteriztd as) a portion of Borrower's payments for Mortgll8e Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an aff1\i.ate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed ~captive reinsuranCe. ~ Further: (8) Any such agreements will not affect the amounts thMt Borrower bas agreed to pay for MOr1gagt Insurance, or any other terms of the Loan. Such llgf'ftlllents will not Increase the amount Borrower will owe for Mortgllge Insurance, and they will not entitle Borrower tel any rduDd. 325-ROBINSON 325-0050088 _-6IPAJlOOO81 \f>\\1oI1o'~ Forrn3039 1101 P~goo 9 ot l' BK I 7 3 9 PG 2 4 0 4 1 . . (b) Any such agreements will DOt arrect the rights Borrower bas - if aay - with rapt:Ct to tbe Mortgage lusurance under the Homeowners Protertfon Ad of 1991 or any other law. These rights may Include the right to receive certain disclosures, to request aDd obtain c:aocen.tioo of the Mortgage lasunmce, to hen the Mort&B&e ~ ttl'llllDat.tG aut.omatlc:aDy, aDd/or to receive a refund of any Morta_ae Insuran<< premiums that Wert UDtanaed at the time of such ~UadoD or termination. 11. ABsi&nmeut of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds an: hereby assigned to and shall be paid to Under. If the Property is damaged, such Miscellaneous Proceeds shall be applied to. res1OTation or repair of the Property. if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and resforation period, Lender shall have the right to bold such Miscellaneous Proceeds until Lender has had an opponunit)' to inspect suclJ Property to ensure the work has been completed 10 Lender's satisfaction. provided that such inspection shall be undenaken promptly. Lender may pay faT the repain and restoration in a single disbursement or in a series of progress payments. zs the won is completed. Unless an agreement is made in writing or Applicable Law requires interest 10 be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repm b not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security InstrUment. whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds !hall be appUed in the order provided for in Section 2. In the event of a total taking, destroction, or loss in value of the Property, me Miscellaneous Proceo.h shall be applied to the sums socnred by this Security lnstrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial laking, destruction, or Joss in value of the Property in which the fair market value of th(; Property inunediatt1y before the partial taking, destrUctioD, or loss in value is equal to or greater than the amount of the sutm secured by this Security Instrument immediately before the partial taking, destrUction, or loss in value, unless Borrower and under otherwise agree in writing, the SUIll5 secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total ;unount of the 8Ums secured immediately before the partial taking, destruction, or \uss in "aloe divided by (b) the fair market value of tbe Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, deslruction, or loss in value of the Property in which Ihe fair market value of the Property immediately before the partial taking, deslfUctiofl, or loss in value is less than the amount of the sums secured immediately before the panial laking, destruction, or loss in value, unless Borrower and Lender otherwise 4lgree in writing, the MiM:ellaneous Proceeds shall be applied to the SUmli secured by this Security InstrUment whether or not the sums are then due. If [be Propeny is abandoned by Borrower, or if, after notice by Lender to Borrower thaI the Opposing Party (as defmed in the next sentence) offers to make an award to SttLle a claim for damages, Borrower fails to respond to Lender wilhin 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds eittler lo restoration or l'f:PaU of the Propeny 01 10 the sums secured by this Security Instrument, whether or no! then due, ftOpposing Party- means the third party that owes Borrower Miscellaneous Proceeds or the pany againsl whom Borrower has a right of action in regard to Miscellaneous. Proceeds. Borrower shall be in defauJt if any aClion or proceeding, whether cjvil or criminal, is begun that, in Lender's judgment, could resuJt in forfeiture of the Property or other material impairment of Lender's imerest in the Property or rights under this Security InstrumeDI. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be 325-ROBINSON 325-005008B -,-elPAltoOO81 \nI\iMO.'.~ PlQfll00flG Fonn 3038 1/01 BK \739PG2q05 ~ . . dismissed with a ruling that. in Lendet'S Judgment. precludes forfeiture of the Property or other nwerial impairment of Lender's interest in the Property or rights. under \his Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of L.ender's m\eres1 in the Property are hereby assigned and shall be paid to Lender. All MisccllaDWU! Proceeds that are not applied to restoration or repair of the Propeny shall be applied in the order provided for in Section 2. 12. Borrower Not Released: FOI'bearaace By Lender Not a Waller. 'Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or all)' Successor in Interest of Borrower shall nOl operate to releast the liability of Borrower or any Successors in Interest of Borrower. Lender sball not be required to commence proceedings against any Successor in IntereSt of Borrower or to re~ to extend time for pJYment or otherwise modify amonizalion of the sums secured by this Security Inst.rUment by rtason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amolUlt [hen due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint aPd Several LlablUty; CHlc.en; Successon aDd A.sMps Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However. any Borrower wbo co-signs tbis Securil)' wtrull1eDt but does not execute the Note (8 ~co.signer~): (a) is co-signing this Security Instrument only to mongage, grant aM CODVey the co-signer's interest in the Property under the tenDS of this Security lnst:rnment; (b) is not personally cblif,ated to pay '\be sums secured by this Security instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the NOle witbout the co'Sign~'5 oonsent. Subject to the provisions of Secticn 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and if> approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shalt not be rtleased. from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The cov~nants and agreements of this Security Instrument shall bind (except as provided in Section 20) aDd benefit the successors and Mslgm of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this ~urity Instrument, including, but not limited to, attomeys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument (0 charge a specific fee to Borrower shall not be construed as a. prohibition on the ebargina of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is fmally interpreted so that the interest or other loan cbuBt$ collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the pennined limit; and (b) any sums already collected from Borrower wbich exceeded permitted limits will be refunded [0 Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction wilt be treated as a panial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any suc:b refund made by direct payment to Borrower will constitute a waiver of any right of actioo Borrower might have arising OUI of such overcharge. 15. Notkt$. All notices given by Borrower or Lender in connection with tbis Security Instrument must be in writing. Any notice to Bonower In wnnection with this Security Instrument shall be deemed to 325-R06INSON 325-005006B .-6{PA)lOOO61 ,....ellaf16 BK I 7 3 9 PG 2 4 0 6 Inll;"'''~ fonn 3039 , 101 l . . bave been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. NOtice to anyone Borrower shall constitute notice to all Borrowcrs unless Applicable Law expressly requires otherwise. The notice address shaH be the Property Addms unless Borrower has designated a subs.titute notice address by 1lOtlee to Lender. Borrower shan promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower', change of address. then Borrower shall only repon 8 change of address through that specified procedure. There may be only one designaJed notice address under tbis Security Instrument at anyone time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender bas designated another address. by notice to Borrower. Any notice in connection with this Security lnstroment shall Dot be deemed to bave been given to Lender until actually received by Lender. If any notice required by this Security Instrumenl: is also required under Applicable Law. the Applicable Law requirement win satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Snerabillty; Rules of Construction. This Security lnst~ shall be governed by federal law snd the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security InstnJment are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be constNed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with A;lplicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect withou<< the conflicling provision. As used in this Security Instroment: (a) words of the masculine gender shall mean and include corresponding neuter words or words of [be feminine gender; (b) words in the singular shall mean and include tbe plural and vice versa; and (c) the word ~may. gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be: given one copy oflhe Note and of this Security Instrument. 18. TnlhSrer of the Property or a BenerJCiBllnteresl in BonowU'~ As used in this Section 18, "Interest in the Property- means any Legal or beneficial interest in the Propeny, including. but not limited to, those beneficial interests tranSferred in a bond for deed, contraCt for deed, installment sales contract or escrow agreement, the intent of wbicb is the tflmsfer of title by Borrower at a future date to a purchaser. If all or any pan of the Property or any Interest in the Propc:ny is sold or transferred (or if Borrower is not a narural person and a beneficial interest in Borrower is sold or transferred) without L..end.ec'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 sucb exercise is prohibited by Applicable Law, (f 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 IS within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. BOlTOwer's RJgbt to Reinstate After Acceleration. Jr Borrower meets certain conditions, Borrower sh.all have tbe right to have enforcement of this Security Instrument discontinued at any time prier \0 the earliest of: (a) five days befDTe sale of the Property punuant ro any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing, this Security instrument. Those conditions are thai Borrower: (a) pays Lender all sums which then wouLd be due under this Security Instrument and the Nme as if no acceleration had occurred; (b) cures any default of any other covenants or 325-ROBINSON 325.00500BB __elPAllOOO8l lM\.:~ 'II8e12",'8 Form 3039 1/01 OK 1739PG2~07 l . . agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including. but ootlimiWd \0, rusonllble attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Sc:curity Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest ill the Propeny and rights under this Security Instrument, and Borrower'lI obligation to pay the sums secured by this Security Instrument. shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one 01 more of the following forms. as selected by Lender: (a) cash; (b) money order; (e) certified check. bank check, treasurer's check or casbier's cbecl, provided any such check ill drawn upon an institution whose deposits are insured by a federal 'IUlCY. instrumentality or enti~; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower. this Security 1nstrumcQ1 and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However. this right to reinstate shalt not apply in the case of acceleration under Section 18. 20. Sale of Notej Challle of Loan Serricu; Notl~ 01 Grievance. The Note or a panial interest in the Note (together with thia Security lnstrumem) can be sow. one or t'IlOU' times without prior notice to Borrower. A sale might result in a change in the entity (known as the ~Loan Servicer") that collccltl Periodic Payments due under the Note and this Security Instrument and perfortn! other mortgage loan servici113 obligations under the Note, this Security Instrutnmt, and Applicable Law. There also might be one or more changes of the Loan Servicer unrel8fed to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the ~hange which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan ts serviced by a Loan Servicer other than me purchaser of the Note, the mortgage loan servicing obligatiolU to Borrower will remain with the Loan ServiCe! or be transferred to a successor Loan Servicer and arc not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower cor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or tbe member of a clasa) that arises from the other pany's actions pursuant to this Security lnstn1ment or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of sucb alleged breach and afforded the other party hereto a reasonable period after tbe giving of sucl1 ootice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period wm be deemeQ to be reasonable for purposes of this paragraph, The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower puJ'luant to Section 18 shall be deemed to satisfy the notice and opponunity to take corrective action provisions of this Section 20. 2t. Hazardous Substance!!, A1. used in this Section 21: (a) -Hazardous Substances" are those substanCeS defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the: following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde. and radioactive materials; (b) "Environmental Law. means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) -Environmental Cleanup~ includes any response action, remedial. action, or removal action, as defined in Environmental Law; and (d) an -Environmental Condition" means a condition that can cause, contribute: to, or otherwise trigger an Environmental Cleanup. 325-ROBINSON 325-0050088 _..e.IPAllOOO81 P1I9013 of1e .,,,..,tlR-.. Form 3031 1/01 BKI739PG2408 l . . Borrower shall not cause or permit the presence. use. disposal, storage, {')I' release of any Hazardoul Substances. or threaten to release any Hazardous Subsumces. on or in the Property. Borrower shall not do, nor allow anyone else to do. anything affecting the Propeny (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, OJ (c) which, due to the presence, use, Of rel~e ofa Hazardous Substance, creates a condition thai adversely affects the value of the Propeny. Tbc preceding two sentences shall not apply to the pmence, use, or storage on the Property of small quamidca of Hnardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but DOl limited to, hazardous substances in consu.mer prodUCUI). Borrower shall promptly give Lender written notice of (8) any investigation. claim, dcnwu1, lawauit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actUal knowledge, (b) any Environmental Condition, including but oot limited to. any spilling. leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learD!, or is notified by any governmental. 01 regulatory authority, or any private party, that any removal or olber mnediation of any Hazardous Substance affecting the Property is oecessary, BolTower shall promptly take all necessary remedial actions in llCCOrdance with Environmental Law. Nothing herein shall creat(: any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shaD gin notk:t to Borrower prior to acceleraUOII fonowiq Borrower's breach or any covenant or agreemeat in thb Securtty Instrumtllt (but not prior to accelenlltlon under Section 18 unl.. Applicable Law provides otberwl&e). Lender sball notify Borrower of, among other things: (a) the delaultj (b) the actJon required to cure the default; (e) wlleo the default must be cured; and (d) tbat fl1ilure to cure the delalllt as spedlied may result in acceleration of the sums second by this SecurIty Iutrument, fon:clOlJUre by judicial ~ and. sale or tbe Property. Lender shall further loform Borrower of tbe right to mutate afta' atteIeratfOll and the right to assert I.P the foreclosure pI'OCttdIng the DOD-exiltence of a dtlauh or any other defense of Borrower to acceleration aad foreelosuu. U 1M ddavlt Is not cored as &pedDed, Leader at it.!! O;ptJOII may require tmmediate pllyment tn fuU of all IWIlS secured by tilts SecurIty Instrument without further demllDd lUId m.y foreclose this Security IDBtrument by Judldal proceedilll. Lender shall be entitled to colkct ..n expenses Incurnd in pursWDg the remedies provided In tbjl SectIon 22, Includfn&. but not limited to, attorneys' f<<s and costs of title evidence to the extent pennttted by ,\.ppllcable Law. 23. Release, Upon payment of all sums secured by this Security Instrument, this Security lnsttumcnt and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy tbis Security Instrument. Borrower shalL pay any reoorde1ion CO&ts. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Walven. Borrower, to me extent permitt~ by Appl.icable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of rime, exemption from attachment, Levy and sale, and bomesread exemption. . 25. Reinstatement Period. Borrower's lime to reinstate provided in Section 19 shall extend to one hour prior 10 the commencement of bidding a1 a sheriffs sale or other sale pursuant to this Security lnstrumetll. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lenl to Borrower to acquire title to the Propeny, this Security Instrument shall be a purchase money mongage. 27, Jntere!!lt Rate Arter Jud&ment. Borrower agrees that the interest rate payable after a judgment is entered on the N01e or in an action of mongage foreclosure shall be the rate payable from time to time under the Note. 325-ROBINSON 325.0050088 _-eCPAlfOOOl!l Pag.Uo116 BK 1739PG2409 lr,lljlh"~ Form 3039 1/01 . . BY SIGNING BELOW, Borrower accepts and agrees to tbe tenns and covcnanU contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: ~-i~ (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower 325-ROBINSON GL-6(PAI1OOO81 BK I 7 3 9 PG 2 4 I 0 rd eL- RICKIE ROBINSON (Seal) -Borrower (Seal) .Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower 325-00500SB Pag.U<rIlf1 Form 3039 1/01 1 . . Certin.... or ResIdence . .k I, MARIE .BRCAl(iIEl-D 101"\ I \'--'l, (Of'l\\" n" . do hereby ceniry that the correct ad~..s or the within.named Mongag.. is 7929 WESTPARK DRIVE SUITE 100. MCCLEAN. VA 22102 Witness my hand this \ '3 day or N~ '. 80Cl I MilPl> eR>^~>H:' 0 --,.--^~. ^. ( ~'ofMo..._ . \~\\\VI.. (j(l.lf \~ COIIIMONWEALTHOFPENNSYLVANlA, 'fn...k 00 this. the l~ day or ,P~ -ZDz:> I undersigned officer. peraooaJly appeared R I CKl E ROB 1 NSON COUDty a: . before me, fue known to me (or satisfactoriJy proven) to be the person(,) whose name(s) is/are subscribed ro the within instrument and acknowledged lhat he/she/they executed the same for the purposes herein contained. iN WITNESS WHEREOF, t hereunto set my band and official seal. My Commission Expires: .~5~ Notarial Seal Nfl,! S.ly\ef, Note.ry Public ElizabethtoWn 'aoro. Lancaster County My Commission Expires Mar. 17, 200:':1 1 VERIFICATION The undersigned and duly authorized representative of Plaintiff, deposes and says subject to the penalties of 18 Pa C.S.A. ~ 4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint are true and belief. 0 .-..> 0 = -6Q.. s-; r....:;:> -n 8 p ""., :i! -p -n'-;': c.:> ~ V\ n',r C) f11:IJ -< -cS ~ U< W :n(1J ~:..~C} In ._, ~f", -0 (') :~~1 \) '-1 . ..-..... ) "- ( , fc)frl ..::t ~l:, (,,;> ~;~ 0 f w \) .c:; =< '< ..c:.. .t:: C> \7 ~ i '( --L SHERIFF'S RETURN - REGULAR CASE NO: 2005-05660 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS ROBINSON RICKIE JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ROBINSON RICKIE the DEFENDANT at 1112:00 HOURS, on the 9th day of November, 2005 at 867 MYERS TOWN ROAD GARDNERS, PA 17324 by handinq to KRISTIN SNOW, GIRLFRIEND, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketinq Service Affidavit Surcharge So Answers: 18.00 10.56 .00 10.00 .00 38.56 .,.~' ./ //'/ "::'-";~~..'~;".,r R. Thomas Kline 11/14/2005 GRENEN & BIRSIC Sworn and Subscribed to before By: ( ~p~ty . / I - l_...../ //v.7 me this ;l:JtM.-<\... day of Sheriff P;:~14y A.D. , .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR BANK ONE, NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED JANUARY I, 2002, FORBEAR STEARNS ASSET BACKED SECURITIES, SERIES 2002-AC1, Plaintiff, vs. RICKIE ROBINSON, Defendant. CIVIL DIVISION ISSUE NUMBER: NO.: 05-5660 Civil Term TYPE OF PLEADING: PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE CODE- FILED ON BEHALF OF PLAINTIFF: Mortgage Electronic Registration Systems, Inc., et al. COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, P A 15222 (412) 281-7650 . " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR BANK ONE, NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED JANUARY 1,2002, FOR BEAR STEARNS ASSET BACKED SECURITIES, SERIES 2002-ACl, CIVIL DIVISION NO.: 05-5660 Civil Term Plaintiff, vs. RICKIE ROBINSON, Defendant. PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE TO: PROTHONOTARY SIR: Kindly settle and discontinue without prejudice the above-captioned matter and mark the docket accordingly. GRENEN & BIRSIC, P.C. BY: ' Il ({ V'- ,~ti.lt.i.{,{j u..../ Kristine M. Anthou, Esquire Attorney for Plaintiff Sworn to and subscribed before me this ~ dayodU.l~Ji11.~A) al9;WJ!, V'J\ '~Dr~ ^^'~ Notary Public COMMONWEAUH OF PENNSYLVANIA Notanal S&el Elizabeth M. Palano. Notary Public aty Of Pittsburgh. Allegheny County My Commission Expires Jan. 6. 2008 Member, f"ennsylv;:<nin A"sociatlon Of Notaries , 2005. ,. ,.-.l \,',; .- r<.; / ,,"", c