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HomeMy WebLinkAbout06-7162IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONSTAR MORTGAGE, LLC f/k/a CIVIL DIVISION CENTEX HOME EQUITY COMPANY, LLC, Plaintiff, vs. NATALIE A. BROSIUS, Defendant. TO: DEFENDANT(s) YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY ENTERED AGAINST U. ATTORNEY O PLA IFF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 350 Highland Drive Lewisville, TX 75067 AND THE DEFENDANT(S): 801 Old Silver Springs Road Mechanicsburg, PA 1 55 A INTIF'F CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 801 Old Silver Springs Road, Mechanicsburg, PA 17055 ~a ATTORNEY FOR PLAINTIFF NO.. ~~ - ~~~~ ~1v~1, TYPE OF PLEADING CIVIL ACTION -COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: Nationstar Mortgage, LLC f/k/a Centex Home Equity Company, LLC, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONSTAR MORTGAGE, LLC f/k/a CIVIL DIVISION CENTEX HOME EQUITY COMPANY, LLC, Plaintiff, vs. NATALIE A. BROSIUS, Defendant. NO.. 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 maybe 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 SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONSTAR MORTGAGE, LLC f/k/a CIVIL DIVISION CENTEX HOME EQUITY COMPANY, LLC, Plaintiff, vs. NATALIE A. BROSIUS, Defendant. NO.. AVISO USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier soma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO 1MMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUEINTE OFICINA PARR AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIlZES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONSTAR MORTGAGE, LLC f/k/a CENTEX HOME EQUITY COMPANY, LLC, Plaintiff, vs. NATALIE A. BROSIUS, Defendant. CIVIL DIVISION No.. OC. - 7 /G.Z CULL CIVIL ACTION -COMPLAINT IN MORTGAGE FORECLOSURE And now comes Nationstar Mortgage, LLC f/k/a Centex Home Equity Company, LLC, by its attorneys, James, Smith, Dietterick & Connelly, LLP and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Nationstar Mortgage, LLC f/k/a Centex Home Equity Company, LLC, which has its principal place of business at 350 Highland Drive, Lewisville, Texas 75067. 2. The Defendant, Natalie A. Brosius, is an individual whose last known address is 801 Old Silver Springs Road, Mechanicsburg, Pennsylvania 17055. 3. On or about June 17, 2004, Defendant executed a Note in favor of Plaintiff in the original principal amount of $71,825.00. 4. On or about June 17, 2004, as security for payment of the aforesaid Note, Defendant made, executed and delivered to Plaintiff a Mortgage in the original principal amount of $71,825.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on June 21, 2004, in Mortgage Book Volume 1870, Page 1729. A true and correct copy of said Mortgage containing a description of the mortgaged premises is marked Exhibit "A", attached hereto and made a part hereof. 5. Defendant is the record and real owner of the aforesaid mortgaged premises. 6. 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. 7. On or about October 26, 2006, Defendant was mailed a combined Notice of Homeowners' Emergency Mortgage Assistance Act of 1983 and Notice of Intention to Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. §101, et seq. 8. The amount due and owing Plaintiff by Defendant is as follows: Principal $70,751.77 Interest through 12/06/2006 $ 3,539.54 Late Charges $ 299.58 Plaintiff Advances $ 1,610.58 Property Insurance ($ 543.00) Attorneys' fees $ 1,250.00 Court, Sheriff and Title Costs $ 2,500.00 TOTAL $79,408.47 plus interest on the principal sum ($70,751.77) from December 6, 2006, at the rate of $16.09 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $79,408.47, with interest thereon at the rate of $16.09 per diem from December 6, 2006, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Respectfully Submitted: JAMES SMITH DIETTERICK & CONNELLY LLP BY: ~~~~ Scott A. Dietterick, squire PA I.D. # 55650 Kimberly A. Bonner, Esquire PA I.D. #89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CERTIFIED TO BE A TRU~E~~AND CORRECT COPY OF T ~C.--- INAI CORNERSTONE LAND TRANSFER INC. MARIA ~ONTOYA R~ To: CENTEX HOME EQUITY COMPANY, LLC P.O. SOX 199500, FINAL DOGS Dallas, TX 75219 Parcel Number: 18-22-0519-OO1B-U-G801 245107043 [Space Above 7'bb Line For Recording D>th] MORTGAGE DEFIMTIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated 6/17/2004 together with all Riders to this document. (B) "Borrower" is NATALIE A BROSIUS AN UNMARRIED IiPOMAN Borrower is the mortgagor under this Security Instrument. (C) "Lender" is CENTER ROME EQUITY COMPANY, LLC Lenderisa A LIMITED LIABILITY COMPANY PENNSYLVANIA -Single Fatuity - Fannle MaelFreddle Mac UNIFORM INSTRUMENT Form 3039 1101 -6[PA1 I°0°el In /n~ P•p• 1 of 18 Inl9•b: ~--~.~L VMP MORTGAGE FORMS •(ae9~21.7291 I IIIIIIII VIII III Illryl III) IIII IIII 245107043 organized and existing under the laws of TgE STATE OF DELARARE Lender's address is 2828 NORTH HARWOOD DALLAS, TX 75201-1516 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated 6/17/2009 The Note states that Boaower owes Lender SEVENTY ONE THOUSAND EIGHT HUNDRED TWENTY FIVE 6 00/100 Dollars N•S• $ 71, 825.00 )plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than 7/01/2034 (E) "Property" means the property that is described below under the heading "Traasfet of Rights in the property " (I~ "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]; ® Adjustable Rate Rider ®Condominium Rider ^ Second Home Rider Balloon Rider Q Planned Unit Development Rider ^ 1-4 Family Rider ^ VA Rider ^ Biweekly Payment Rider ^ 0th s ~'() [sP~ifyl (>~ "Appllcable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. m "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed an Borrower or the Property by a condominium association, homeowners association or similar organization. (.n "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated tJarough an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, inshuct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of--sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (Is7 "Escrow Items" mesas those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by ~Y 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 taking of all or any part of the Properly; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (Nn "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (1~ "Periodic Payment" means the regularly scheduled amount due for (i) principal sad interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. ®$1PA) tie) ~nHla~a: see z m ~e Form 3039 1/01 245107043 (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loss" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that Parh' has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS 1N THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) 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 o ender the following described prop located in the COUNTY E [Type of Recording Jurisdiction] All that tract or parcel of land as shown on Schedule "A" attaohedrhaietocfion]: which is incorporated herein and atade a part hereof. which currently has the address of 801 OLD SILVER SPRINGS .ROAD )l4ECHANicsstmr_ ("Property Address"): [ab'] ,Pennsylvania 17050 [S~eec] [Zip Code] TOGETHBR WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. 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 ~~proP~Y ~~ ® PeQe 3 0! 1e Form 3039 1/01 245107043 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 Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demaads, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with linmited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall- also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. cumncy. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loaa current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balaace under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower finm making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note, If Lender receives a payment fibm Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstandmg, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in ® Peoe a ee to Form 3038 1l01 245107043 full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and than as described in the Noto. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and othor items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground reins on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sutras 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 "Bscrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dual, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly fiunish 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 the 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, Boaower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall famish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide recoipts shall for all purposes be deemed to be a covenant and agreement contained in this Security InsMrment, 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 shall then be obligated under Section 9 to repay to Lander any such 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 such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (s) sufficient to permit Lender to apply the Funds at the time specified under RBSPA, and (b) not to exceed the maximum amount a lender can require under 1tESPA. Candor shall estimate the amount of Funds due on the basis of currant data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall beheld 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 the Escrow Items no later than the time specified under 1tESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Bscrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such 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, Drat interest shall be paid on the Pape 5 m 1 a Form 3038 1/01 245107043 Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by ItESPA. If there is a surplus of Funds held in escrow, as deSaed under RESPA, Lender shall account to Borrower for the excess funds in accordance with ]ZESPA. If there is a shortage of Funds held m escrow, as defined under 1tESPA, Candor shall notify Borrower as requfred 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. 1f there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with 1tESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, asseasmeats, charges, Saes, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground runts 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 pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees is writing to the 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 is good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pendmg, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay aone-time charge for a real estate tax verification and/or reporting service used by Lender in commection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected oa the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards includmg, but sot limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in rho amounts (including deductible levels) and for the periods that Lender requires, What Lender requires pursuant to the precedmg sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. 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 flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. 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 determination resuhing from an objection by Borrower. mn~.a: ~~ ~6(PA) (aooe> aao. a of ~ e Form 3039 1/01 245107043 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of rho insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. Those amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lander as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender 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 destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lander. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lander, shall be applied to restoration or repair of the Property, if 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 Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lander may disburse proceeds for the repairs and restoration in a single payment or in a series of progress Payments as the work is wmpleted. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be requfred to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the solo obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance 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 insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any. available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lander (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instnrment, 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 Property, insofar as such rights are applicable to the coverage of the Property. Lander may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. ®'BIPA) h~8) Initials: -~ Papa7ais Form 3039 t/Ot 245107043 6.Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after rho execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residmg in the Properly, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determinod pursuant to Section 5 that repair or restoration is not economically feasible, Borrowor shall promptly repair rho Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or rho taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Loader 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 tha insurance or condemnation proceeds are not sufficient to ropair or restore the Pmporty, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Condor or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Loader shall give Borrower notice at the time of or prior to such 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 ary persons or entities acting at the direction of Borrower or with Borrower's knowledge or consort gave materially false, misleadmg, or inaccurate information or statements to Lender (or failed to provide Lender with material information) is connection with the Loan. Material representations include, but aro not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (e) Borrower fails to perform the covonants and agreements contained in this Security Instnunent, (b) there is a logal proceeding that might significantly affect Condor's interest in the Proporty and/or rights under this Socurity Instrument (such as a proceeding in banlmtptcy, probate, for condemnation or forfeiture, for enforcement of a lion which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Condor may do and pay for whatever is reasonable or appropriate to protect Leader's interest in the Property and rights under this Socurity Instnment, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing'in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a banlmtptcy proceeding. Securing the Property includes, but is not lirnited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, elaninate building or other code violadona or dangorous conditions, and have utilities fumed on or off. Ahhough Loader may take action under this Section 9, Lendor does not have to do so and is not under any-duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. ® PaQa a a i e Form 3039 1/01 245107043 Any amounts disbursed by Condor under this Section 9 shall become additional debt of Borrower secwed by this Security Instrument, These amounts shall bear interest at the Note rate from the date of disbwsemart 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 leasehold and the fee title shall not merge unless Larder agrees to the merger in writing, 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage htsuranco in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage inswer that previously provided such insurance 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 substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage inswer selected by Larder. If substantially equivalart Mortgage Insurance coverage is not available, Borrower shall continue to pay to Condor the amount of the separately designated payments that were due whoa the insurance coverage ceased to be in effect. Lender will accept, use and retain these paymarts as anon-refundable loss reserve is lieu of Mortgage Inswaace. Such loss reserve shall benon-refundable, 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 loss reserve paymarts if Mortgage Inswance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Inswance. 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 Inswance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide anon-refundable loss reserve, until Larder's requiremart for Mortgage Inswance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until tetmination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any artily that pwchases 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 inswers evaluate their total risk on all such inswance 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 era satisfactory to the mortgage inswer and rho other party (or parties) to these agreements. These agreements may require the mortgage inswer to make paymarts using any source of funds that the mortgage inswer may have available (which may include funds obtained from Mortgage Inswance premiums). As a resuh of these agreemarts, Lender, any purchaser of the Note, another inswer, any reinsurer, any other artity, or any affiliate of any of the foregoing, may receive (duectly or indirectly) amounts that derive from (or might be characteaized as) a portion of Borrower's payments for Mortgage hiswance, in exchange for sharing or modifying the mortgage inswer's risk, or reducing losses. If such agreemart provides that an affiliate of Lender takes a share of the inswer's risk in exchange for a share of the premiums paid to the inswer, the arrangement is often termed "captive reinswanco." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not htcrease the amount Borrower will owe for Mortgage Insurance, and they wlll not entitle Borrower to any refund. ~6(PA) (seas) mnwi.: m Pepe 9 d 18 Form 3039 1/01 245107043 (b) Any such agreements will not affect the rights Borrower has - it any -with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may inchtde the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the tlme of such cancellation or termination. i 1. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if 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 Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is 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 shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if ~Y~ Paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instnuent immediately before the partial taking, desnvction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (e) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of lire 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, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before rho partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Properly is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Insnvmcnt, whether or not then due. "Opposing Parry" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceedmg, whether civil or criminal, is begun that, in Lender's judgment, could resuh in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing lire action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of ioni,~.: -B(PA) (o°os1 vaostootts Form 3039 1101 245107043 Lender's interest in the Property or rights under this Security Instrument: The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. AA Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of rho sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason 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 froa- third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and soveral. Howevor, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"); (a) is co-signing this Security Instrument only to mortgage, grgnt and convey the w-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Londer 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 Note without the w-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided is Section 20) and benefit the successors and assigns 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 Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation foes. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Bonrower shall not be construed as a prohibition on the charging 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 acts 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 rho 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. Leader may choose to make this refund by reducing the principal owed under rho Note or by making a direct paymont to Borrower: If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment chargo (whether or not a prepayment charge is provided for under the Note). Borrower's accoptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. i~~u.i.: -BiP'4) t~e1 Paps 71 d 18 Form 3039 1101 245107043 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually de&vered to Borrower's notice address if soot by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Londor of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, thou Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security hu;tivment at any ono time. Any notice to Lender shall bo given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by wntract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Inshvment or the Note which can be given effect without the conflicting provision. As used in this Security Inshument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. 1Yansfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18 "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or aay part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written wnsent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exorcised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay those sums prior to the expiration of this period, Lender may invoke any remedies pemtitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in 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 that Borrower: (a) pays 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 any other covenants or agreements; (c) pays all InHlals: _~ ~'gIPA) tom) P.o.+zoria Form 3039 1101 245107043 expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attomoys' 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 Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Loader's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and oxpenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified chock, bank check, treasurer's check or cashier's check, provided any such check is drawn upon as institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Blectronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleraton had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Ssle of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold ono or more times without prior notice to Borrower. A sale might rosult in a change in the entity (known as the "Loan Servicer") that collects Periodic Paymonis due under the Note and this Security Inshvmont and performs other mortgage loan servicing obligations under the Note, this Security InsUrment, and Applicable Law. There also might be ono or morn changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notico of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any otirer information RESPA requires in connection with a notice of traasfat~ of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Sorvicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument 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 Loader has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can betaken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration givon to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take correctivo action provisions of this Section 20. 21. Hazardous Substances. As 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 solvonts, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction whore the Property is located that relate to health, safety or environmental protection; (c) "Bnvironmental 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. Initials: ' / ~'gIPAI tom) Pape~~wle Form 3039 1101 245107043 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creataa a condition that adversely affects the value of the Property. The precedmg 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 (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any govemmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Bnvironmental Condition, includmg but not 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 Teams, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shalt promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Leader for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shaII give notice to Borrower prior to acceleration foIIowing Borrower's breach of any covenant or agreement >n this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result Ia acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert In the foreclosure proceeding the non-erdstence of a default or any other defense of Borrower to acceleration and foreclosure. If the default la not cured as specified, Lender at its option may requh e immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shaII be entitled to collect aII ezpenses Incurred in pursuing the remedies provided in this Section 22, lncludmg, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. 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. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to rho commencement of biddmg at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rata payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. InlUalr. ' t!_J S(PA) (oooat Paw ~a or to Form 3039 1/Ot 245107043 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Socurity Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: `~A,Utiufp.,dtzl,2l~vvucll (Seal) -Boaower (Seal) -Bouower (Seal) -Boanw~ '"~ (Seal) NAI A BROSIU~ -Hoaow~ _ (Seal) -Bouowea _ (Seal) -Bosow~ _ (Seal) -Hoimwer _ (Seal) -Boaowa ®~(PA) (woe) r.9.~aa~s ® Form 3039 1101 245107043 CertiIIcate of Residence I MARIA MONTOYA , do hereby certify that the coma address of the within-named Mort a ee rs 2828 NORTH HARWOODu,~~ALLAS, TX 75201-1516 ` ` Witness my hand this ~ ~ ~ / day of CG~(~(,/u_ ~,~~'~" V ~~ ~Zl,~Y1.~,--t;J~ U " _ MARIA MONTOYA Agent of Mortgagee COMMONWEALTH OF PENNSYLVANIA, ~ ~' %~l1W v County ss: On this, the ~ ~ ~ day of of ~ V ~ ,before me, the undersigned officer, personally appeared NATALIE A BROSILIS lmown to me (or satisfactorily proven) to be the person(s) whose name(s) is/era-subscribed to the within instrument and aclmowledged that~e/she/ti~y executed the same for the purposes herein contained. IN WITNESS WHERBOF, I hereunto set my hand and official seal. My Commission Expires: Notarial Seal Valerie S. Stadutidt, Notary Publicly HampdenlNrp., Culres Novtl30 2004 My Commission Exp Member, PennsyNalda gssociatbn of Notaries Initlala: -8(PA) loooal Pegs 18 or 18 Form 3039 1f07 245107043 CONDOMINIUM RIDER THIS CONDOMINIUM RIDER is made this 17 ~ day of ,fig 2004 > and is incorporated into and shall be deemed to amond and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to CENTEX HOME EQUITY COMPANY, LLC (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 801 OLD SILVER SPRINGS ROAD MECHANICSBURG, PA 17050 [Property Addrosa) The Property includes a unit in, together with an undivided interest in the common elements of, a condominium project lmown as: WAI,Ni[JT VILLAS/MECHANICSBURG [Name of Condominium Project] (the "Condominium Project"). If the owners association or other entity which acts for the Condominium Project (tho "Owners Association") holds title to property for the benefit or use of its members or shareholders, the Property also includes Borrowor's interest in the Ownors Association and the uses, proceeds and benefits of Borrower's interest. CONDONIINIUM COVENANTS. hr addition to the covenants and agreemonts made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. Condominlum Obllgatlons. Borrower shall perform all of Borrower's obligations under the Condominium Project's Constituent Documents. The "Constituent Documents" are the: (i) Declaration or any other document which creates the Condominium Project; (ii) by-laws; (iii) code of regulations; and (iv) other equivalent documents. Borrowor shall promptly pay, when due, all dues and assessments imposed pursuant to the Constituent Documents. MULTISTATE CONDOMINIUM RIDER -Single Family- Fannle MaelFreddle Mae UNIFORM INSTRUMENT ~-8U (9705) Form 3140 0 Page t of3 Inldals: IIIIIIII~IIIIIIVIII)(III VMP MORTGAGE FORMS - (300)521-7 III) IIII 245107043 B. Hazard Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, a "master" or "blanket" policy on the Condominium Project which is satisfactory to Lender and which provides insurance coverage in the amounts, for the periods, and against the hazards Lender requires, includmg fire and hazards included within the term "extended coverage," then; (i) Lender waives the provision in Uniform Covenant 2 for the monthly payment to Lender of the yearly premium installments for hazard insurance on the Property; and (ii) Borrower's obligation under Uniform Covenant 5 to maintain hazard insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. Borrower shall give Lendar prompt notice of any lapse in reqused hazard insurance coverage. In the event of a distribution of hazard insurance proceeds in lieu of restoration or repair following a loss to the Property, whether to the unit or to common elements, any proceeds payable to Borrower are hereby assigned and shall be paid to Lender for application to the sums secured by the Security Instrument, with any excess paid to Borrower. C. Public Liability Insurance. Borrower shall take such actions as may be reasonable to insure that the Owners Association maintains a public liability insurance policy acceptable in form, amount, and extent of coverage to Lender. D. Condemnation. The proceeds of any award or claim for damages, direct or consequential, payable to Borrower in connection with any condemnation or other taking of all or any part of the Properly, whether of the unit or of the common elements, or for any conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Such proceeds shall be applied by Lender to the sums secured by the Security Instrument as provided in Uniform Covenant 10. E. Lender's Prlor Consent. Borrower shall not, except after notice to Lender and with Lender's prior written consent, either partition or subdivide the Property or consent to: (i) the abandonment or termination of the Condominium Project, except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (ii) any amendment to any provision of the Constituent Documents if the provision is for the express benefit of Lender; (iii) termination of professional management and assumption of self-management of the Owners Association; or (iv) any action which would have the effect of rendering the public liability insurance coverage maintained by the Owners Association unacceptable to Lender. F. Remedies. If Borrower does not pay condominium dues and assessments when due, then Lender may Pay them. Any amounts disbursed by Lander under this paragraph F shall become additional debt of Borrower secured by the Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate sad shall be payable, with interest, upon notice from Lender to Borrower requesting payment. -tiU 9705 Initlals: ®® ( ) Page 2 of 3 orm 3740 9190 245107043 BY SIGI1IPiG BELOW, Borrower accepts and agrees to the terms and provisions contained in this Condominium Rider. r~~ I~'l,W"~ ~l ~`-^' "~ (Seal) NA AI.IE A BR03IOS -Boaower _ (Seal) -Boaower (Seal) (S~() -Boaow~ -Boanwer (Seal) -Boaower -(Seal) -Boaower -(Seal) -Hoaowm~ _ (Seal) -Boaower ~-9U (9705) Page 3 of 3 Form 3140 9/90 ~J~~ legal description ALL THAT CERTAIN unit in the property known, named and identified in the. Declaration referenced to below as •"Walnut Villas Condominium" located in the Borough of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania, which has heretofore been submitted pursuant to the provisions of the Pennsylvania. Uniform Condominium Act, 68 Pa. Cons. Stat. Ann. et seq. (Purdon Supp, 1987), by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration of Condominium dated July 30, 1985 and recorded on August 14, 1985, in Miscellaneous Book Vol. 308, page 147, which Declaration has been amended by a First Amendment to Declaration of Condominium, dated December 31, 1985 and recorded in December 31, 1985 in the aforesaid Office at Miscellaneous Book 313, page 133, and further amended by a Second Amendment to. Declaration of Condominium dated March 23, 1987 and recorded on March 27, 1987 in the aforesaid office at Miscellaneous Book 331, page 933, and further amended by a Third Amendment to Declaration of Condominium dated June 12, 1987 and recorded on June 12, 1987 in the aforesaid office at Miscellaneous Book 335, page 283, and further amended by a Fourth Amendment to Declaration of Condominium dated November 10, 1987 and recorded on November 30, 1987 in the aforesaid office at Miscellaneous Book 343, page 368, and further amended by a Fifth Amendment to Declaration of Condominium dated April 14, 1988, and recorded on April 18, 1988 in the aforesaid office at Miscellaneous Book 348, page 868 being and designated in such Declaration, as so amended, as Unit No. 801 as more fully described in such Declaration, as so amended together with a proportionate undivided interest in the Common Elements of such Condominium as set forth in such Declaration as so amended and as further amended by any further amendments thereto hereafter recorded in the aforesaid office. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights-of-way, easements and agreements of record, including (but not limited to) those contained in the instruments recorded in the aforesaid Office in Miscellaneous Book Vol. 304, page 227 and Miscellaneous Book Vol. 304, page 566. Being the same premises which Christopher D. Cremo and Susan M. Cremo, husband and wife, by deed dated June 14th, 2004 and which is intended to be recorded herewith in the Cumberland County Office of the Recorder of Deeds, granted and conveyed unto Natalie A. Brosius, Mortgagor herein. VERIFICATION Kimberly A. Bonner, Esquire hereby states that she is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 (c) and that the statements made in the foregoing pleading in the Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is the undersigned's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Kimberly A. Bonner, Esquire PA I.D. #89705 Dated: ' ~ U u~- `~ p~ ~ ~ ~] ("1 r ~~ -~-, ~ ~ ~' ~ 6` ~ - r~ -, t \C ; ~,,; _~~;_ ~~ c.~.> -~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONSTAR MORTGAGE, LLC f/k/a :CIVIL DIVISION CENTEX HOME EQUITY COMPANY, LLC, Plaintiff, NO.: 06-7162 v. NATALIE A. BROSIUS, . Defendant. PRAECIPE TO DISCONTINUE ACTION TO THE PROTHONOTARY: Please discontinue the above captioned action without prejudice. Submitted by: DIETTERICK & BY: S~A. ietterick, Esquire PA I.D. # 650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 n -r> ~ ~ n~ ~ ~ ;: ~,c, ~ ~-n .. ~`~ ..,:~ SHERIFF'S RETURN - REGULAR CASE NO: 2006-07162 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONSTAR MORTGAGE LLC VS BROSIUS NATALIE A GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania , who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BROSIUS NATALIE A the DEFENDANT at 1920:00 HOURS, on the 3rd day of January 2007 at 801 OLD SILVER SPRINGS ROAD MECHANICSBURG, PA 17055 by handing to NATALIE BROSIUS 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: So Answers: Docketing 18.00 Service 8 . 8 0 Affidavit .00 -~ .~~~"'~~ Surcharge 10.00 R. Thomas Kline .00 ~/~~/~.~ ~ 36.80 / ~I_ 01/05/2007 JAMES SMITH DIETTERICK CONNELL Sworn and Subscibed to By: before me this day Deputy Sh iff of A.D.