HomeMy WebLinkAbout06-6573a •?
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DEUTSCHE BANK NATIONAL TRUST
COMPANY AS TRUSTEE, F/K/A
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., AS TRUSTEE
FOR BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., AS CUSTODIAN
OR TRUSTEE UNDER THE APPLICABLE
CUSTODIAL OR TRUST AGREEMENT,
CIVIL DIVISION
NO. : 61-Y.- - Im. 912
TYPE OF PLEADING
CIL U?.
CIVIL ACTION-COMPLAINT
IN MORTGAGE FORECLOSURE
Plaintiff,
VS.
VICKIE A. THORSON A/K/A VICKIE
L. THORSON,
FILED ON BEHALF
OF PLAINTIFF: Deutsche
Bank, et al.
Defendant.
COUNSEL OF RECORD
FOR THIS PARTY:
TO DEFENDANT
You are hereby notified to plead
to the ENCLOSED COMPLAINT WITHIN
TWENTY (20) DAYS FRO SERVICE
PLAINTIFF
I HEREBY CERTIFY THAT THE ADDRESS
OF THE PLAINTIFF IS:
909 Hidden Ridge Drive, Suite 200,
Irving, Texas 75038
ATT NEY FOR 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
(412) 281-7650
ATtORNEY FOR PLAINTIFF
AND THE DEFENDANT IS:
111 West South Street
Carlisle, PA 17013
,?,, - l2. C c 6C.
CERTIFICATE OF LOCATION
I HEREBY CERTIFY THAT THE LOCATION OF
THE REAL ESTATE AFFECTED BY THIS LIEN
IS
Borough of Carlisle Third
CITY) (TOWNSHIP) (B RO) (WARD)
ATTORI>TEY FOR PLAINTIFF
I
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DEUTSCHE BANK NATIONAL TRUST CIVIL DIVISION
COMPANY AS TRUSTEE, F/K/A
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., AS TRUSTEE NO.:
FOR BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., AS CUSTODIAN
OR TRUSTEE UNDER THE APPLICABLE
CUSTODIAL OR TRUST AGREEMENT,
Plaintiff,
VS.
VICKIE A. THORSON A/K/A VICKIE
L. THORSON,
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 written appearance
personally or by attorney and filing in writing with the court your defenses
or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered
against you by the court without further notice for any money claimed in the
complaint or for any other claim or relief requested by the plaintiff. You
may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO
ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DEUTSCHE BANK NATIONAL TRUST
COMPANY AS TRUSTEE, F/K/A
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., AS TRUSTEE
FOR BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., AS CUSTODIAN
OR TRUSTEE UNDER THE APPLICABLE
CUSTODIAL OR TRUST AGREEMENT,
CIVIL DIVISION
NO.: C)j. - 6._! 993
Plaintiff,
VS.
VICKIE A. THORSON A/K/A VICKIE
L. THORSON,
Defendant.
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
Deutsche Bank National Trust Company as Trustee, f/k/a Bankers
Trust Company of California, N.A., as Trustee for Bankers Trust
Company of California, N.A., as Custodian or Trustee Under the
Applicable Custodial or Trust Agreement, by its attorneys, Grenen &
Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows:
1. The Plaintiff is Deutsche Bank National Trust Company as
Trustee, f/k/a Bankers Trust Company of California, N.A., as Trustee
for Bankers Trust Company of California, N.A., as Custodian or Trustee
Under the Applicable Custodial or Trust Agreement , which has its
principal place of business at 909 Hidden Ridge Drive, Suite 200,
Irving, Texas 75038 and is authorized to do business in the
Commonwealth of Pennsylvania.
2. The Defendant is Vickie A. Thorson a/k/a Vickie L. Thorson
whose last known address is 111 West South Street, Carlisle,
Pennsylvania 17013.
3. On or about November 2, 1998, Defendant executed a Note in
favor of United Companies Lending Corporation in the original
principal amount of $55,700.00. A true and correct copy of said Note
is marked Exhibit "A", attached hereto and made a part hereof.
4. On or about November 2, 1998, as security for payment of
the aforesaid Note, Defendant made, executed and delivered to United
Companies Lending Corporation in the original principal amount of
$55,700.00 on the premises hereinafter described, said Mortgage being
recorded in the Office of the Recorder of Deeds of Cumberland County
on November 5, 1998 in Mortgage Book Volume 1495, Page 548. 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. United Companies Lending Corporation assigned the aforesaid
Mortgage and Note to Plaintiff 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 March 17, 2003 in
Mortgage Book Volume 695, Page 1843.
6. Defendant is the record and real owner of the aforesaid
mortgaged premises.
7. Defendant is in default under the terms of the aforesaid
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 July 1, 2006 payment.
8. On or about August 3, 2006, Defendant was mailed a
Notice of Homeowner's Emergency Mortgage Assistance Act of 1983 (Act
91 Notices) in compliance with the Homeowner's Emergency Mortgage
Assistance Act, Act 91 of 1983, as amended.
9. Plaintiff was not required to send Defendant separate
Notices of Intention to Foreclose Mortgage in compliance with Act 6 of
174, 41 P.S. §101, et seq., as a result of sending the Act 91 Notices.
10. The amount due and owing Plaintiff by Defendant is as
follows:
Principal $ 57,601.03
Interest to 10/17/06 $ 2,009.60
Late Charges to 10/17/06 $ 116.44
Escrow Deficiency to 10/17/06 $ 1,296.29
Corporate Advances $ 100.00
NSF Fees $ 0.00
Attorney's fees $ 1,250.00
Title Search, Foreclosure and
Execution Costs $ 2,500.00
TOTAL $ 64,873.36
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure
for the amount due of $64,873.36 with interest thereon at the rate of
$14.60 per diem from October 17, 2006, 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: C&L 2
Kris ine 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.
Loan No: 034401057566
Borrower: VICKIE A THORSON
Data ID: 627
NOTE
November 2, 1998 CARLISLE PENNSYLVANIA
IoKYI [state]
111 W SOUTH STREET
CARLISLE, PENNSYLVANIA 17013
[Property Addrool
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $ 55,700.00 (this amount is called "principal"),
plus interest, to the order of the Lender. The Lender is
UNITED COMPANIES LENDING CORPORATION®.
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who
is entitled to receive payments under this Note is called the "Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest
at a yearly rate of 9.250%.
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 snaking payments every month.
I will make my monthly payments on the first day of each month beginning on January 1, 1999.
1 will make 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. My monthly payments will be applied to interest before principal. if,
on December 1, 2028, I still owe amounts under this Note, I will pay those amounts in full on that date, which is called
the "maturity date."
I will make my monthly payments at P.O, Box 215, Memphis, Tennessee 38101-0215, or at a different place if
required by the Note Holder.
(B) Amount or monthly Payments
My monthly payment will be in the amount of U.S. $ 458.23.
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of principal at any time before they are due. A payment of principal only is
known as a "prepayment." When I make a prepayment, I will tell the Note Holder in writing that I am doing so.
I may make a full prepayment or partial prepayments without paying any prepayment charge. If this Note is not
in default, the Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note.
If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless
the Note Holder agrees in writing to those changes.
5. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest
or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any
such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any
sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose
to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund
reduces principal, the reduction will be treated as a partial prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 10 calendar days after
the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.00% of the payment.
I will pay this late charge only once on any 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 in default.
(C) Acceleration
If I am in default, the Note Holder may without notice or demand, unless otherwise required by applicable law,
require me to pay immediately the full amount of principal that has not been paid and all the interest that I owe on that
amount.
(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 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.
PENNSYLVANIA FIXED RATE NOTE - Singe Family - MODIFIED 11196
0344010575662165
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be
given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if
I give the Note Holder a written notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail
to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that
different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs 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. The Note
Holder may enforce its rights under this Note against each person individually or against all of us together. This means
that any one of us may be required to pay all of 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. "Presentment" 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 some jurisdictions. 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 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 those conditions arc
described as follows:
Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property
or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and
Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option,
require immediate payment in full of all sums secured by this Security Instrument. However, this option
shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security
Instrument.
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 delivered or mailed 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.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
V L K j -? /1C?6 i. t ..,...... ..`. ........ 1.... ............. .............................(Seal)
V K-K I % L• 1Y1??'S01'> G/K/A_,VICKIE A THORSON -Borrower
of NOTICE TO ASSIGNEE
NOTICE: This is a mortgage subject to special rules under the federal Truth in Lending Act. Purchasers or
assignees of this mortgage could be liable for all claims and defenses with respect to the mortgage that the borrower
could assert against the creditor.
Loan No: 034101057566
Borrower: VICKIE A THORSON
Tax Parcel Identification Number:
Data ID: 627
DE_FDS?
"""D COUNTY- f'A
'99 NOU 5 PM 3 14
Return to: UNITED COMPANIES LENDING CORPORATIONG
750 E. PARK DRIVE
HARRISBURG, PA 17111
[Space Above This Line For Recording Date]
MORTGAGE
NOTICE TO ASSIGNEE
ib, ice l
NOTICE: This is a mortgage subject to special rules under the federal Truth in Lending Act. Purchasers or
assignees of this mortgage could be liable for all claims and defenses with respect to the mortgage that the borrower
could assert against the creditor.
THIS MORTGAGE ("Sect' tfty Instrument") is given on the x o };?ov m er, 19
The mortgagor is VICKIE A T1JgRSON , A SINGLE WOMAN 0-1 ?% V` C,-/& 4, ?Kjo"
whose address is l I I W SOUTI-rSTREET, CARLISLE, PENNSYLVANIA 17013
("Borrower").
This Security Instrument is given to UNITED COMPANIES LENDING CORPORATION®, A CORPORATION, which
is organized and existing,?nder the laws of the State of LOUISIANA, and whose address is 4041 ESSEN LANE, BATON
ROUGE, LOUISIAN - 70809 ("Lender").
Borrower owes der the principal sum of FIFTY-FIVE THOUSAND HUNDRED and NO/100-----Dollars
(U.S. $ 55,700. This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"),
which provides for monthly payments, with the full debt, if not paid earlier, due and payable on December 1, 2028. This
Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all
renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under
paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and
agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and
convey to Lender the following described property located in the City of CARLISLE, CUMBERLAND County,
Pennsylvania:
SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF
PENNSYLVANIA - Single Famly-MODIFIED Fannle Mae/Freddle Mac UNIFORM INSTRUMENT
Form 309 3/98
°f""°°'°W'" awK1495rv[l598
(Page 1 of 8 Pages)
*which has the address of 111 W SOUTH
It
• ` ? , f? N
J.
iCitvl CARLISLE,
Pennsylvania 1AP el ("Property Address");
Toommk Wrni all the improvements now r hereafter erected on the property, and all easements, appurtenances,
and factures now or hereafter a part of the proper . All replacements and additions shall also be covered by this Security
Instrument. All of the foregoing is referred to in this Security Instrument as the "Property."
BORROWER Cov$NAm that Borrower is wfully seised of the estate hereby conveyed and has the right to
mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record.
Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any
encumbrances of record.
THIs S$euRrry INsmumem combines unifo
variations by jurisdiction to constitute a uniform s
UNIFORM CovENAm. Borrower and Len
1. Payment of Principal and Interest;
the principal of and interest on the debt evidenced
2. Funds for Taxes and Insurance. Sub
pay to Lender on the day monthly payments are d
(a) yearly taxes and assessments which may atta'
yearly leasehold payments or Bound rents on the
yearly flood insurance premiums, if any; (e) yearl
Borrower to Lender, in accordance with the pr
premiums. These items are called "Escrow Items.
to exceed the maximum amount a lender for a
under the federal Real Estate Settlement Proced
seq. ("RESPA"), unless another law that applies
collect and hold Funds in an amount not to excee
on the basis of current data and reasonable estima
with applicable law.
The Funds shall be held in an institution w
(including Lender, if Lender is such an institution
to pay the Escrow Items. Lender may not charge
escrow account, or verifying the Escrow Items, u
permits Lender to make such a charge. Howev
independent real estate tax reporting service used
otherwise. Unless an agreement is made or appy
pay Borrower any interest or earnings on the Fun
shall be paid on the Funds. Lender shall give to
credits and debits to the Funds and the purpose f
as additional security for all sums secured by this
If the Funds held by Lender exceed the
Borrower for the excess Funds in accordance with
by Lender at any time is not sufficient to pay the
in such cast Borrower shall pay to Lender the a
the deficiency in no more than twelve monthly pa
Upon payment in full of all sums secured
any Funds held by Lender. If, under paragraph
acquisition or sale of the Property, shall apply an
against the sums secured by this Security Instrumt
3. Application of Payments. Unless app]
paragraphs 1 and 2 shall be applied: first, to any I
under paragraph 2; third, to interest due; fourth, 1
4. Charges; Liens. Borrower shall pay al
Property which may attain priority over this Sc(
Borrower shall pay these obligations in the mane
shall pay them on time directly to the person owe
amounts to be paid under this paragraph. If Bon
to Lender receipts evidencing the payments.
Borrower shall promptly discharge any lien
agrees in writing to the payment of the obligation
good faith the lien by, or defends against enforce
operate to prevent the enforcement of the lien; o
Lender subordinating the lien to this Security Inst
to a lien which may attain priority over this Securi
Borrower shall satisfy the lien or take one or mor,
• BOOK
m covenants for national use and non-uniform covenants with limited
rity instrument covering real property,
er covenant and agree as follows:
payment and Late Charges. Borrower shall promptly pay when due
y the Note and any prepayment and late charges due under the Note.
t to applicable law or to a written waiver by Lender, Borrower shall
e under the Note, until the Note is paid in full, a sum ("Funds' for:
priority over this Security Instrument as alien on the Property; (b
roperty, if any; (e) yearly hazard or property insurance premiums; (d)
mortgage insurance premiums, if any; and (f) any sums payable by
ions of paragraph 8, in lieu of the payment of mortgage insurance
Lender may, at any time, collect and hold Funds in an amount not
rally related mortgage loan may require for Borrower's escrow account
res Act of 1974 as amended from time to time, 12 U.S.C. § 2601 et
o the Funds sets a lesser amount. If so, Lender may, at any time,
the lesser amount, Lender may estimate the amount of Funds due
of expenditures of future Escrow Items or otherwise in accordance
iose deposits are insured by a federal agency, instrumentality, or entity
or in any Federal Home Loan Bank. Lender shall apply the Funds
Borrower for holding and applying the Funds, annually analyzing the
less Lender pays Borrower interest on the Funds and applicable law
r, Lender may require Borrower to pay a one-time charge for an
y Lender in connection with this loan, unless applicable law provides
ble law requires interest to be paid, Lender shall not be required to
Borrower and Lender may agree in writing, however, that interest
,rower, without charge, an annual accounting of the.Funds; showing
r which each debit to the, Funds was made. The Funds are pledged
ecurity Instrument.
ounts permitted to be held by applicable law, Lender shall account to
he requirements of applicable law. If the amount of the Funds held
Items when due, Lender may so notify Borrower in writing, and,
ount necessary to make up the deficiency. Borrower shall make up
rinents, at Lender's sole discretion.
this Security Instrument, Lender shall promptly refund to Borrower
21, Lender shall acquire or sell the Property, Lender, prior to the
Funds held by Lender at the time of acquisition or sale as a credit
;able law provides otherwise, all payments received by Lender under
epayment charges due under the Note; second, to amounts payable
principal due; and last, to any late charges due under the Note.
taxes, assessments, charges, fines and impositions attributable to the
irity Instrument, and leasehold payments or ground rents, if any.
provided in paragraph 2, or if not paid in that manner, Borrower
payment, Borrower shall promptly furnish to Lender all notices of
wer makes these payments directly, Borrower shall promptly furnish
vhich has priority over this Security Instrument unless Borrower: (a)
:eu`rby the lign in a }napncr ?eceptable to Lender; (b) contests in
lent of the lien in, legal proceedings which in the Lender's opinion
(c) secures from the holder of the lien an agreement satisfactory to
iment. If Lender determines that any part of the Property is subject
Instrument, Lender may give Borrower a notice identifying the lien.
of the actions set forth above within 10 days of the giving of notice.
PAGE M9 Form 3039 3/98 (Page 2 of 8 Pages)
ti ?11R ?U,.
Loan No: 034401057566 Data ID: 627
determination, the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance
5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against lose by fire, hazards included in the term "extended coverage" and any other hazards, for
which Lender requires insurance, including, but not limited to, floods or flooding, earthquakes or hurricanes (whether or
not such hazards are required to be insured against at the time the Loan is made). All insurance required by Lender shall
be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance
shall be chosen by Borrower subject to Lender's approval, which shall not be unreasonably withheld. In the event the
Property improvements are now, or at any time during the term of this Security Instrument are determined to be, in a
Specie! Flood Hazard Area, Borrower must obtain and maintain flood insurance.
Borrower acknowledges and agrees that failure to insure the Property, which is the security for this agreement,
according to the terms and conditions of this paragraph 5 is an event of default subject to the remedies available to
Lander under this agreement. If Borrower fails to obtain or maintain any coverage described herein, Lender may, but
shall have no duty to, obtain such coverage or substantially equivalent coverage with an insurance carrier of Lender's
choice, protecting only Lender's interest in the Property in accordance with paragraph 7, all at Borrower's expense,
Lender shall have no duty or obligation to obtain any insurance protecting Borrower's interest in the Property, or covering
risks for which Lender has not required insurance, as described in the first paragraph of this paragraph 5, even if Borrower
has previously obtained or maintained such insurance overage, including, without limitation, a homeowners policy. Lender
may, in its sole discretion, obtain insurance in whatever amounts and types Lender deems adequate to protect Lender's
interest in the Property, regardless of the unpaid balance remaining under the Note or the amounts remaining due under
this Security Instrument. For this purpose, Lender will deem its interests to be adequately protected by an insurance
policy with coverage equal to the value of the improvements located on the Property securing Borrower's loan. Lender
may determine the value of the improvements by assuming as accurate the value assigned to the improvements in the
insurance policy that Lender's records reflect was most recently held by Borrower prior to the insurance policy obtained
by Lender. Borrower acknowledges and agrees the amount may not be equal to the actual value or replacement value
of the improvements, and any such insurance Lender obtains may not protect Borrower's interest in the Property.
Borrower acknowledges and agrees that the cast of the insurance overage so obtained by Lender may significantly
exceed the cost of insurance Borrower could have obtained, as described in the first paragraph of this paragraph 5, if
Borrower had purchased the insurance directly, and further may provide Borrower with less or no insurance overage
protecting Borrower's interest in the Property. Borrower further acknowledges and agrees that Lender may obtain any
such insurance directly or through an insurance agency or insurer affiliated with Lender and Lender or Lender's affiliate
may receive a commission or other compensation in connection with obtaining such insurance.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgagee clause.
Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender
all receipts of paid premiums and renewal notices. In the event that Borrower cancels a policy on the Property and
Borrower replaces it with a different policy, Lender may charge Borrower a reasonable fee (subject to applicable law, if
any) to change its records to reflect the new policy. In the event of loss, Borrower shall give prompt notice to the
insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. In the event Lender
acquires the Property through foreclosure or otherwise, Borrower assigns to Lender its rights to any refund of unearned
premiums and any other rights of Borrower under the insurance policy.
To the extent Borrower obtains any form of insurance coverage for the Property without being directed to do so
by Lender, such as flood, earthquake or hurricane coverage, such policy shall include a standard mortgagee clause and
shall name Lender as mortgagee. Any insurance proceeds from such policy shall be additional security for the Note and
Lender shall have the same rights to such policy and proceeds as it has with regard to Lender-required insurance policies
discussed in this paragraph 5.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair
of the Property damaged, if, at Lender's sole discretion, the restoration or repair is economically feasible and Lender's
security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance
proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to
Lenders satisfaction. Lender shall have the right to deduct fees for such inspections from the insurance proceeds unless
prohibited by applicable law or regulation. Fees for public adjusters or other third parties retained by Borrower shall not
be deducted from the proceeds and shall be the sole and separate obligation of Borrower. If, in Lender's sole
proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid
to Borrower. Borrower shall remain responsible for any sums remaining due and payable under the Note and this Security
Instrument. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the
insurance carrier has offered to settle a claim, then the proceeds will be automatically assigned to Lender. Lender may
use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not
then due. The 30-day period will begin when the notice is given.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend
or postpone the due date of the monthly payments referred to !n paragraphs 1 and 2 or change the amount of the
payments of principal and interest due under the Note. If under paragraph 21 the Property is acquired by Leader,
Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition
shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition.
The provisions contained in this paragraph 5 are subject to limitations under applicable law, if any.
e00K1495PAGE•550 Form 3039 3/98 (Page 3 of 8 Pages)
6. Occupancy, Preservation, Malntenan and 'Ptoi teUlon of the Property; Borrower's Loan Application;
ehold s. Borrower shall occupy, establish, an use the Property as Borrower's principal residence within sixty days
the execution of this Security Instrument and hall continue to occupy the Property as Borrower's principal residence
*aft:rs
for at least one year after the date of occupancy, nless Lender otherwise agrees in writing, which consent shall not be
unreasonably withheld, or unless extenuating circu tances exist which are beyond Borrower's control. Borrower shall
not destroy, damage or impair the Property, all w the Property to deteriorate, or commit waste on the Property.
Borrower shall be in default if any forfeiture action r proceeding, whether civil or criminal, is begun that in Lender's good
faith judgment could result in forfeiture of the Pr erty or otherwise materially impair the lien created by this Security
Instrument or Lender's security interest. Borrowe may cure such a default and reinstate, as provided in paragraph 18,
by causing the action or proceeding to be dismiss with a ruling that, in Lender's good faith determination, precludes
forfeiture of the Borrower's interest in the Prope y or other material impairment of the lien created by this Security
Instrument or Lender's security interest. Borrower also be in default if Borrower, during the loan application process,
gave materially false or inaccurate information or tatements to Lender (or failed to provide Lender with any material
information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning
Borrower's occupancy of the Property as a princip 1 residence. 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 leasehold and the fee
title shall not merge unless Lender agrees to the merger in writing.
7. Protection of Lender's Rights in the Froperty. If Borrower fails to perform the covenants and agreements
contained in this Security Instrument, or there is legal proceeding that may significantly affect Lender's rights in the
Property (such as a proceeding in bankruptcy, pro te, for condemnation or forfeiture or to enforce laws or regulations),
then Lender may do and pay for whatever is n sary to protect the value of the Property and Lender's rights in the
Property. Lender's actions may include paying any secured by a Ken which has priority over this Security Instrument,
appearing in court, paying reasonable attorneys' f and entering on the Property to make repairs. Although Lender
may take action -under this. paragraph 7, Lender des not have to do so.
Any amounts disbursed by Lender under t ' paragraph 7 shall become additional debt of Borrower secured by
this Security Instrument. Unless Borrower and Len er agree to other terms of payment, these amounts shall bear interest
from the date of disbursement at the Note rate an shall be payable, with interest, upon notice from Lender to Borrower
requesting payment.
8. Mortgage Insurance. If Lender requir d mortgage insurance as a condition of making the loan secured by
this Security Instrument, Borrower shall pay the emiums required to maintain the mortgage insurance in effect. If,
for any reason, the mortgage insurance coverage r ufred by Lender lapses or ceases to be in effect, Borrower shall pay
the premiums required to obtain coverage substan ' equivalent to the mortgage insurance previously in effect, at a cost
substantially equivalent to the cost to Borrower of mortgage insurance previously in effect, from an alternate mortgage
insurer approved by Lender. If substantially equiv ant mortgage insurance coverage is not available, Borrower shall pay
to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower
when the insurance coverage lapsed or ceased to a in effect. Lender will accept, use and retain these payments as a
loss reserve in lieu of mortgage insurance. Loss r erve payments may no longer be required, at the option of Lender,
if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved
by Lender again becomes available and is obtain em. Borrower shall pay the premiums required to maintain mortgage
insurance in effect, or to provide a loss reserve, til the requirement for mortgage insurance ends in accordance with
any written agreement between Borrower and Len er or applicable law.
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender
shall give Borrower notice at the time of or prior o an inspection specifying reasonable cause for the inspection.
10. Condemnation. The proceeds of any ward or claim for damages, direct or consequential, in connection with
any condemnation or other taking of any part of a Property, or for conveyance in lieu of condemnation, are hereby
assigned and shall be paid to Lender.
In the ev6nt'of h total taking of the Proper y, the proceeds shall be applied to the sums secured by this Security
Instrument, whether or not then due, with any ex is paid to Borrower. In the event of a partial taking of the Property
aking is equal to or greater than the amount of
iately before the t
in which the fair market value of the Property Im
the sums secured by this Security Instrument imtely before the taking, unless Borrower and Lender otherwise agree
in writing, the sums secured by this Security Itistnt shall be reduced by the amount of the proceeds multiplied by the
following fraction: (a) the total amount of the secured immediately before the taking, divided by (b) the fair market
value of the Property immediately before the tAny balance shall be paid to Borrower. In the event of a partial
taking of the Property in which the fair markue of the Property immediately before the taking is less than the
amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or
unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument
whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers
to make an award or settle a claim for damages, rrower fails to respond to Lender within 30 days after the date the
notice is given, Lender is authorized to collect an apply the proceeds, at its option, either to restoration or repair of
the Property or to the sums secured by this Secu y Instrument, whether or not then due.
Unless Lender and Borrower otherwise agr a in writing, any application of proceeds to principal shall not extend
or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such
payments.
wK 1495 racy 1551
Form 3039 3/98 (Page 4 of 8 Pages)
• " " Data ID: 627
Loan No: 034401057566
11, Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest
of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender
shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or
otherwise mod fi y amortization of the sums secured by this Security Instrument by reason of any demand made by the
original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall
not be a waiver of or preclude the exercise of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements
of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the
provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-
signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage,
grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally
obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may
agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the
Note without that Borrower's consent.
13. Loan Charges, If the loan secured by this Security Instrument is subject to a law which sets maximum loan
charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in
connection with the loan exceed the permitted limits, 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 from Borrower which exceeded
permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed
under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated
as a partial prepayment without any prepayment charge under the Note.
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or
by mailing it by first class mail unless applicable law requires use of another method The notice shall be directed to the
Property Address or airy other address Borrower designates by notice to Lender. Any notice to Lender shall be given by
first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any
notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given
as provided in this paragraph.
15, Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the
jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the
Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note
which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and
the Note are declared to be severable.
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
17, Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any
interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a
natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of
all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is
prohibited by federal law as of the date of this Security Instrument.
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 delivered or mailed 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.
18, Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have
enforcement of this Security Instrument discontinued at any time prior to the earlier of- (a) 5 days (or such other period
as applicable law may specify for reinstatement) before We of the Property pursuant to any power of sale contained in
this Secun Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that
Borrower: a a Lender all sums which then would be due under this Security Instrument and the Note as if no
acceleration had occurred; (b) cures any default of an other covenants or agreements; (c) pays all expenses incurred in
enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as
Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and
Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged Upon reinstatement
by Borrower, this Security Instrument and the obligations secured hereby shall remain full effective as if no acceleration
had occurred However, this right to reinstate shall not apply in the case of acceleration r paragraph 17.
19. Sale of Note; Change of Loan Servieer. The Note or a partial interest in the Note (together with this
Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change
in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security
Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is
a change of the Loan Service r, Borrower wdl be given written notice of the change in accordance with paragraph 14 above
and applicable law. The notice will state the name and address of the new tan Servicer and the address to which
payments should be made. The notice will also contain any other information required by applicable law.
20. Hazardous Substances. Borrower or not cause or permit the presence, use, disposal, storage, or release
of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything
affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the
presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to
be appropriate to normal residential uses and to maintenance of the Property.
aoA495' "Gt &552 Form 3039 3198 (Page 5 of 8 Pages)
r ,
Borrower shall promptly give Lender writte notic6 bf any investigation, claim, demand, lawsuit or other action
by any governmental or regulatory agency or pri ate pparty involving the Property and any Hazardous Substance or
Environmental Law of which Borrower has actual nowled&e. If Borrower learns, or is notified by any governmental or
regulatory authority, that any removal or other mediation of any Hazardous Substance affecting the Property is
necessary, Borrower shall promptly take all necess remedial actions in accordance with Environmental Law.
As used in this paragraph 20, "Hazardou Substances" are those substances defined as toxic or hazardous
substances by Environmental Law and the followin substances: gasoline, kerosene, other flammable or toxic petroleum
products, toxic pesticides and herbicides, volatile so nts, materials containing asbestos or formaldehyde, and radioactive
materials. As used in this paragraph 20, "Enviro ntal Law" means federal laws and laws of the jurisdiction where the
Property is located that relate to health, safety or nvI onmental protection.
NON-UNIFORM CovsNnrm. Borrower and ender further covenant and agree as follows:
21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's
breach of any covenant or agreement in this Se rity Instrument (but not prior to acceleration under paragraph
17 unless applicable law provides otherwise). Le der shall notify Borrower of, among other things: (a) the default;
(b) the action required to cure the default; (c) hen the default must be cured; and (d) that failure to cure the
default as specified may result in acceleration f the sums secured by this Security Instrument, foreclosure by
judicial proceeding and sale of the Property. Le der shall further Inform Borrower of the right to reinstate after
acceleration and the right to assert in the forecl proceeding the non-existence of a deiaWt or any other defense
of Borrower to acceleration and foreclosure. If the dethWt is not cured as specified, Lender at its option may require
immediate payment in frill of all sums secured by this Security Instrument without further demand and may
foreclose this Security Instrument by judicial pr eeding. Lender shall be entitled to collect all expenses incurred
in pursuing the remedies provided in this pa h 21, Including, but not limited to, reasonable attorneys' fees and
costs of title evidence to the extent permitted by applicable law,
22. Release, Upon payment of all sums s ured by this Security Instrument, Lender shall release the Security
Instrument to Borrower. To the extent permitted applicable law, Borrower is responsible for all costs associated with
cancelling this Security Instrument including, but t limited to, any fee paid to a third party for the preparation and
recordation of any legal documents as well as any ee paid to a ppublic official.
23. Waivers. Borrower, to the extent per 'tted by applicable law, waives and releases any error or defects in
proceedings to enforce this Security Instrument, a d hereby waives the benefit of any present or future laws providing
for stay of execution, extension of time, exemptio from attachment, levy and sale, and homestead exemption.
24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior
to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument.
25. Purchase Money Mortgage. If any o the debt secured by this Security Instrument is lent to Borrower to
acquire title to the Property, this Security Instrum ggrees ll be a purchase money mortgage.
26. Interest Rate After Judgment. Borr that the interest rate payable after a judgment is entered
on the Note or in an action of mortgage foreclosll be the rate payable from time to time under the Note.
27. Agreement to Mediate or Arbitrate. THIS AGREEMENT CAREFULLY. IT LIMITS CERTAIN
OF YOUR RIGHTS, INCLUDING YOUR RIG GO TO COURT. In this agreement to mediate or arbitrate
(this " ent' , (1) 'Transaction' means any (a) nt of money, (b) transfer or exchange of property or any other
thin, of value, (c) any one or more past, present, o future extensions of, advertisement, solicitation, applications for, or
inquiries about, credit, or forbearance of payment, uch as a loan, a credit sale, or otherwise, from Lender to Borrower,
including this Transaction, (d) gift, or e) pro a to enter into a Transaction, and (2) "Claim" means any case,
controversy, dispute, tort, disagreement, lawsuit, cl , or counterclaim, and other matters in question now or hereafter
existing between Lender and Borrower. A Claim in Ludes, without limitation, anything arising out of, in connection with,
or relating to: (a) this Agreement; (b) to the a went, solicitation, application, rocessin closing or servicing of this
Transaction or any instruments executed in conjunction with it collectively the "Loan Agreements" including but not
limited to the terns of the loan, representations, promises, undertakings or covenants made relating to the Loan, or Loan
Agreements executed in conjunction with the Noe and this Security Instrument, services provided under the Loan
Agreements, and the validity and construction of the Loan Agreements); (c) any Transaction; (d) the construction,
manufacture, advertisement, sale, installation ors of any real or personal property which secures this Transaction,
(e) any past, present, or future insurance, service, o product that is offered or sold in connection with a Transaction; (f)
any documents or instruments that contain inforil n about or document any Transaction, insurance, service, or product;
and (g) any act or omission by Lender regarding y Claim.
Methadon. Except as set forth below, all C ins, shall be MEDIATED prior to the Ming of any legal proceeding
related to any dispute relating to this Transaction. Borrower and Lender cannot agree on the selection of a mediator
for a dispute, the mediator shall be selected as fo : within 5 business days of the notice that either Borrower or Lender
have decided to mediate, Borrower and Lender shat each name a mediator and notify that mediator and the other party
of the selection. Within 5 business days of theirs lection the mediators shall jointly select an independent mediator to
mediate the dispute. The mediation shall occur not later than 30 days after the mediator is selected at a time and place
mutually convenient to all parties within a fifty-mil radius of Borrower's residence.
Borrower and Lender agree to participate in the mediation in good faith with the intention of resolving the dispute,
if possible. Legal counsel may, but is not require to represent Borrower or Lender at the mediation. All mediation
sessions will be private and all information disclosed luring the mediation will be confidential. The mediator may rescribe
other rules for the mediation. Expenses of them ation including the mediator's fee shall be shared equally between
Lender and Borrower. Attorneys' fees and related expenses are each party's responsibility.
This Agreement to mediate is specifically enforceable.
If for any reason the mediation is not completed within 45 days after the mediator is selected, or if after the
mediation, any Claim is still unresolved, such Claim shall be resolved solely and exclusively by arbitration in accordance
with this Agreement.
BOOK 149¢ PAGE ,553 Form 3039 3/98 (Page 6 of 8 Pages)
Loan No: 034401057566
Data ID: 627
Arbitration. To the extent allowed by applicable•law, any. Claim, except those set forth below, shall be resolved
by binding arbitration in accordance with (1) the Federal Arbitration Act, 9 U.S.C. §§ 1-9; (2) the Expedited Procedures
of the Commercial Arbitration Rules of the American Arbitration Association (the "Arbitration Rules") then in effect; and
(3) this Agreement, If the terms of this Agreement and the Arbitration Rules are inconsistent, the terms of this
Agreement shall control. A copy of the Arbitration Rules, free of charge, may be obtained by calling (800) 778-7879. The
laws applicable to the arbitration proceeding shall be the laws of the state in which the property which secures the
Transaction is located The parties agree that the arbitrator shall have all powers provided by law, this Agreement, and
the Loan Agreements. However, the arbitrator shall have no power to vary or modify any of the provisions of the Loan
Agreements. Any party to this Agreement may bring an action in any court having jurisdiction, including a summary or
expedited proceeding, to specifically enforce this Agreement, or to compel arbitration of any Claim. An action to
specifically enforce this Agreement, or a motion to compel arbitration may be brought at any time, even after a Claim
has been raised in a court of law or a Transaction has been completed, discharged, or paid in full.
Place of Arbitration. The arbitration shall be conducted in the county of Borrower's residence, or at any other
place mutually acceptable to the Lender and the Borrower.
Timing of Hearing. The arbitration hearing shall commence within forty-rive (45) days of the demand for
arbitration.
NO CLASS ACTIONS; NO JOINDER OF PARTIES; WAIVER OF RIGHT TO JURY TRIAL. THE
ARBITRATION WILL TAIL. THE PLACE OF ANY COURT PROCEEDING INCLUDING A TRIAL BEFORE A
JUDGE OR A JUDGE AND JURY. ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL
BASIS, AND NOT AS PART OF A' COMMON OR CLASS ACTION. IT IS EXPRESSLY ACKNOWLEDGED AND
AGREED BY BORROWER AND LENDER THAT ANY PURPORTED COMMON ISSUES OF LAW OR FACT
SHALL BE RESOLVED ON SUCH AN INDIVIDUAL BASIS. IF THE APPOINTED ARBITRATOR SHOULD
AWARD ANY DAMAGES, SUCH DAMAGES SHALL BE LIMITED TO ACTUAL AND DIRECT DAMAGES AND
SHALL IN NO EVENT INCLUDE CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR TREBLE DAMAGES AS
TO WHICH BORROWER AND LENDER EXPRESSLY WAIVE ANY RIGHT TO CLAIM TO THE FULLEST
EXTENT PERMITTED BY LAW.
Judgment. The award rendered by the arbitrator shall be final, nonappealable and judgment may be entered upon
it in accordance with applicable law in any court having jurisdiction thereof. The laws applicable to the arbitration
proceeding shall be Subchapter A of Chapter 73 of Title 42 of the Pennsylvania Consolidated Statutes.
ConfldentWity. Borrower and Lender agree that the mediation and arbitration proceedings are confidential, The
information disclosed in such proceedings cannot be used for any purpose in any other proceeding.
Claims Excluded from Mediation and Arbitration. Notwithstanding the foregoing, neither Borrower or Lender
can require the other to mediate or arbitrate (i) foreclosure proceedings, whether pursuant to judicial action, power of
sale, assent to a decree or otherwise, proceedings pursuant to which Lender seeks a deficiency judgment, or any
comparable procedures allowed under applicable law pursuant to which -a lien holder may acquire title to, or possession
of any property which is security for this Transaction and any related personal property (including an assignment of rents
or appointment of a receiver), upon default by the Borrower on the Transaction or (ii) an application by or on behalf
of the Borrower for relief under the federal bankruptcy laws or any other similar laws of general application for the relief
of debtors, through the institution of appropriate proceedings; or (iii) any Claim where Lender seeks damages or,. other
relief because of Borrower's default under the terms of a Transaction. Enforcement of this section will not waive the right
to arbitrate any other Claim, including a Claim asserted as a counterclaim in a lawsuit brought under this Section.'
Effect of Rescission. If Borrower has the right to rescind this Transaction, rescinding it will not rescind this
Agreement.
No Other Arbitration Agreements. This Agreement is the only agreement between Lender and Borrower
regarding alternative dispute resolution, and supersedes any prior agreements to mediate or arbitsiite Claims'. This
Agreement may only be modified by a written agreement between Lender and Borrower.
BORROWER AND LENDER AGREE TO WAIVE ANY RIGHTS TO TRIAL BY JURY OF ANY AND ALL.,
CLAIMS.
28. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded tbgether
with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend
and supplement the covenants and agreements This Security Instrument as if the rider(s) were a part of this Security
Instrument. [Check applicable box(es)]
? Adjustable Rate Rider ? Condominium Rider ? 1-4 Family Rider
? Graduated Payment Rider ? Planned Unit Development Rider ? Biweekly Payment Rider
? Balloon Rider ? Rate Improvement Rider ? Second Home Rider
? Other(s) [specify]
nox1495PAGE 1554
Form 3039 3188 (Page 7 of 8 Pages)
BY SiamNla Bunw, Borrower accepts a agrees to the terms and covenants contained in this Security Instrument
in any rider(s) ex by Borrower and r corded with it.
Printed Name
y-
J ' (¢. 1/A? 2..... . .......................(Seal)
4[i L_. 40K%CPfv CKIE A THORSO ---Borrower
VLTr
(Spnoe low This Line For Aoknow"nwntl
Commonw4 §
County of
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of
th
O
thi §
q_
before me
1
y
e
n
s '
,
undersigned officer, personally appeared
VICKIE A THORSON
known to me (or satisfactorily proven) to be
he person whose name is subscribed to the
acknowledged that she executed the same for th purposes therein contained.
In witness whereof I hereunto set my hand and fficial s
(Sea Noiad`
MRI9r- , "try Public
Upper Alm ?*M Mach 1? 999
n
An, Af. orms vanla flsaoclatlon of NoW011
My commission expires: '
• ti`s ! . A S'-
it ,1?15trOm?, t a?ntL l
.? rrr"topgrllJ, p..? i:1•".
I certify that the precise residence and address Of the within-named Lender is: UNITED COMPANIES LENDING
CORPORAMCIY , 4041 MEN LANE, BATO OUGE, LOUISIANA 70809
BOOK
Form 3039 3/98 (Page 8 of 8 Pages)
ALL THAT CERTAIN TRACT OF LAND situate in the Third Ward of the
Borough of Carlisle, Cumberland County, Pennsylvania, bounded and
described as follows:
BEGINNING at the Southeastern corner of land now or formerly of
Ann Leonard Estate, said point being 30 feet, more or less, East of
the 10 foot alloy which runs from West South Street to Chapel Alley
and said point being on the northern side of West South Streeti
thence eaatwardly along West South Street, 20 feet 2 inches, more
or less, to land now or formerly of John Boyd; thence northwardly
along said land, 32 feet to a point; thence eaatwardly by the same,
6 feet 6 inches to a point; thence northwardly along the same, 24
feet, more or less, to land now or formerly of Mrs. M. Duncan;
thence westwardly along said land 26 feet, more or lass, to land
now or formerly of the Ann Leonard Estate; thence southwardly 60
feet, more or lose, to the Place of BEGINNING.
BEING improved with a two-story frame dwelling house known as No.
111 West South Street.
BEING the same premises which Tarry S. Leiby, Rodger C. Diehl, Jr.
and Rodger C. Diehl, Sr., by Dead dated August 17, 1990, and
recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania, in Deed Book S, Volume 34, Page
730, granted and convoyed unto Carlisle Opportunity Homes, Inc.,
Grantor herein.
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 unworn falsification to authorities that the
facts set forth in the foregoing Complaint are true d correct to his info and belief.
? = c
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-06573 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DEUTSCHE BANK NATIONAL TRUST
VS
THORSON VICKIE A AKA VICKIE L
RICHARD SMITH , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
THORSON VICKIE A AKA VICKIE L THORSON the
DEFENDANT
, at 1901:00 HOURS, on the 4th day of December , 2006
at 111 WEST SOUTH STREET
CARLISLE, PA 17013 by handing to
VICKIE THORSON
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:
Docketing
Service
Affidavit
Surcharge
18.00
4.40
.00
10.00
.00
32.40
t-4-0'1 DK9
So Answers:
R. Thomas Kline
12/12/2006
GRENEN & BIRSIC
Sworn and Subscibed to By:
before me this day
of A.D.
a
G M
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE, F/K/A
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., AS TRUSTEE FOR
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., AS CUSTODIAN
OR TRUSTEE UNDER THE
APPLICABLE CUSTODIAL OR TRUST
AGREEMENT,
Plaintiff,
CIVIL DIVISION
NO.: 06-6573-CIVIL TERM
TYPE OF PLEADING
PRAECIPE TO SETTLE AND
DISCONTINUE WITHOUT
PREJUDICE
VS.
VICKIE A. THORSON A/K/A VICKIE L.
THORSON,
Defendant.
FILED ON BEHALF
OF PLAINTIFF: Deutsche
Bank, et al.
COUNSEL OF RECORD
FOR THIS PARTY:
Kristine M. Anthou, Esquire
Pa. I.D. #77991
Joseph A. Fidler, Esquire
Pa. I.D. #87325
GRENEN & BIRSIC, P.C.
One Gateway Center
Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
a
y
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE, FWA
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., AS TRUSTEE FOR
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., AS CUSTODIAN OR
TRUSTEE UNDER THE APPLICABLE
CUSTODIAL OR TRUST AGREEMENT,
Plaintiff,
VS.
VICKIE A. THORSON A/K/A VICKIE L.
THORSON,
Sworn to and subscribed before me
Defendant.
PRA ECIPE TO SETTLE AND DISCONTINUE
WITHOUT PREJUDICE
TO: PROTHONOTARY
SIR:
Kindly settle and discontinue without prejudice the above-captioned matter entered on
November 14, 2006 and mark the docket accordingly.
GRENEN & BIRSIC, P.C.
CIVIL DIVISION
NO.: 06-6573-CIVIL TERM
BY: Q (
Kris me M. Anthou, Esquire
Joseph A. Fidler, Esquire
Attorneys for Plaintiff
this I q-(k day of :k, , 2007.
4?L Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notadal Seal
Gerald L Ptdder, Jr., Notary Public
City Of Peburgh, Allegheny County
My Commiselm Expires Dec. 10, 2011
Member, Pennsylvania Association of Notaries
N
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