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HomeMy WebLinkAbout02-3665McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 HOUSEHOLD FINANCE CORPORATION : : V. : REBECCA D. PULITI : MATTHEW D. PULITI : Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 02-3665 PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter discontinued and ended, without prejudice, upon payment of your costs only. TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Gladys M. Dull-Brown, Plaintiff Gary A. Dull, Defendant : In The Court of Common Please of : : CUMBERLAND County, Pennsylvania : : NO. 02-3565 Civil Term : : Protection From Abuse ORD[kR FOR CONTINUANCE AND NOW, this ~ day of July, 2002, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on July 31, 2002, by this Court's Order of July 25, 2002, is hereby rescheduled for hearing on September 25, 2002, at 3:30 p.m. in Courtroom No. 3 on the 4th Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. The Temporary Protection From Abuse Order shall remain in effect for a period of I8 months from the date it was entered, through January 25, 2004, or until further Order of Court. By the Court, residentJudge David A. Lopez, Attorney for Plaintiff ,- , MidPenn Legal Services ~ 8IrvineRow ' ~ Carlisle, PA 17013 Gladys M. Brown-Dull, Plaintiff Gary A. Dull, Defendant : In The Court of Common Pleas of : : CUMBERLAND County, Pennsylvania : : No. 02-3565 Civil Term : : Protection From Abuse MOTION FOR CONTINUANCE Plaintiff, Gladys M. Brown-Dull, by and through her attorney, David A. Lopez of MidPenn Legal Services, moves the Court for an Order rescheduling the hearing in the above- captioned case on the grounds that: 1. A Temporary Protection From Abuse Order was issued by this Court on July 25, 2002, scheduling a hearing for July 31, 2002, at 4:00 p.m. 2. The Cumberland County Sheriffs Department served Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse on July 30, 2002, at his residence, 1829 Elm St., New Cumberland, PA 17078. 3. Defendant indicated to MidPenn Legal Services staff on July 30, 2002, that he desired legal representation in this matter and requests that the hearing scheduled for July 31, 2002, be continued to afford him time to retain counsel. 4. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of 18 months from the date it was entered, through January 25, 2004, or until further Order of Court, whichever comes first. WHEREFORE, Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing to September 25, 2002, and that the Temporary Protection From Abuse Order remain in effect for a period of 18 months from the date it was entered, through January 25, 2004, or until further Order of Court. Respectfully submitted, /~ Davt~3~. Lopez, Attorney for Plg~n ,iff~ MidPenn Legal Services v ~_~ 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 or 1-800-822-5288 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Nua~ber 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Corporation 636 Grand Regency Blvd. Brandon, FL 33510 Rebecca D. Puliti 309 Lafayette Drive New Cumberland, PA 17070 and Matthew D. Puliti 309 Lafayette Drive New Cumberland, PA 17070 Cumberland County Court of Common Pleas CIVIL ACTION/MORTGAOE FORECLOSURE NOTICE AVISO You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that ff 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. Le hah demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEEONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCR1TA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR AS1STENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 24%3166 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 24%3166 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Corporation 636 Grand Regency Blvd. Brandon, FL 33510 Vo Rebecca D. Puliti 309 Lafayette Drive New Cumberland, PA 17070 and Matthew D. Puliti 309 Lafayette Drive New Cumberland, PA 17070 Cumberland County Court of Common Pleas CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Household Finance Corporation, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Rebecca D. Puliti, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, Cumberland, 3. The Defendant is Matthew D. mortgagors and real owners of and her last-known address PA 17070. is 309 Lafayette Drive, New Puliti, who is one of the the mortgaged property hereinafter described, and his Cumberland, PA 17070. 4. On August 29, delivered a mortgage upon National City Mortgage Co. last-known address is 309 Lafayette Drive, New 2000, mortgagors the premises hereinafter d/b/a Accubanc Mortgage, which mortgage is recorded in the Office of the Cumberland County in Mortgage Book 1410, Page 3581. 5. The aforesaid mortgage was thereafter made, executed and described to A Corporation Recorder of d/b/a Accubanc Mortgage, Plaintiff herein, recorded in the assigned by A Corporation by Assignment Office of the National City Mortgage Co. to Household Finance Corporation, of Mortgage which will be duly Recorder in Cumberland County. 6. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 309 Lafayette Drive, New Cumberland, PA 17070. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following amounts are due on the mortgage: Principal Balance Interest 9/01 through 7/29/02 (Plus $37.11 per diem thereafter) Attorney's Fee $ 5,311.48 Late Charges $ 57.87 Cost of Suit $ 225.00 Appraisal Fee $ 125.00 Title Search $ 200.00 $106,229.64 $ 12,320.52 GRAND TOTAL $123,919.51 9. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 10. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular and certified mail. WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $123,919.51, together with interest at the rate of $37.11 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff VERIFICATION The undersigned, Terrence J. McCabe, Esquire, hereby certifies that he is the Attorney for the Plaintiff in the within action, and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. TERRENCE J. MCCABE Loan No: - 09758142 Borrower: REBECCA D. PULIII Data ID: 149 'Pax Parcel ldendficmion Number: Return to: NATIONAL CITY MORTGAGE CO. dba ACCUBANC MORTGAGE P.O. BOX 8090~ DALLAS, TEXAS '~5380-9068 , MORTG , ~ THIS MORT_GAGE (' Security Inslrument") is gf~c~-'6n the 2Dth day of August, 2000. ~ne mortgagor ~s REBECCA D. PuLrrl AND MA'ITHEW,,~. PULITI, WIFE AND HUSBAND whose address is 309 LAFAYEi-i.~ DRIVE, NEW CUMBERLAND, PENNSYLVANIA 17070 ("Borrower"). This Security Instrument is given to NATIONAL CITY MORTGAGE CO. dba ACCUBANC MORTGAGE, A CORPORATION, which is organized and ex/sling under the laws of the State of OHIO, and whose address is 3232 NEWMARK DRIVE, MIAMISBURG, OHIO 45342 ("Lender").I Borrower owes Lender the principal ~um of ONE HUNDRED SIX THOUSAND FIVE HUNDRED and NO/tOO-.--Dollars (U.S. $ I0~.~OO.OO). This debt is evidenced by Borrower's note daled the same date as this Security Inst/ument ("Note"), which provides for monthly payments, with the full debt, if not. paid earlier, due and payable on September l, 2030. Thh Security Instrument secures to Lender: (a) thc repayment of ~he debt evidenced by thc Note, with interest, and all rencwais, extensious and ~nodifications of thc Note; (b) thc payment of all other sums, with interest, advanced und_e,r, paragraph to protect the security of this Security Instrument; and (c) thc performance of Borrower s covenants and agreements under this Security Instrument and the Note. For this purposc, Borrower docs hereby. mmlgage, grant and convcy to Lender thc following dcscribed property located in thc City Of NEW. CUMBERLAND, YORK County, Pennsylvania: SHE LEi~AL DESCRIPTION ATFACHED HERETO AND MADE A pART HEREOF PENNSYLVANIA. siva F..~,,/.F.m~. M~-n~a M~ UNIFORM iN~MENT Fonn 30.19 9/SO ~'age I ~ 10 Page) Loan No: 09758142 Data ID: 149 Pennsylvania I~l. ("Property Address"); Together With all thc improvements now or hereafter erected on the property, and all easements, appurtenances, and fixturea now or hcrcaftcr a part of thc properly. All replacements and additions' shall also be covered by this Security Instrument. Ail of the foregoing is referred to in this Security Instrument as the "Property." ' Borrower Covenanls that Borrower is lawfully sei.~d of the estate hereby conv~ed and has the right to mo~lgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warranls and will defend generally the title to the' Property against all claims and demands, subject to any encumbrances of record. This Security Instrument. combines uniform covenants for nalional use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security insirum~nt covering real property. Uniform Covenanls. Borrower and Lender covenant and agree as follows: 1. Pa}man{. of Prine. ip~l and Inter, si; Prepayment ~md L~t~ Char~es. Borrower shall promptly. pa,] when due the principal of and interest on the debt evidenced by the Note and any prepayment ned; late charges due under the Note. 2. Funds. for Taxes and Insurance. Subject to applicab{e law or to a written waiver by Lender,I Borrower shall pay to Lender on thc day monthly payments are due under the Note, until the N0le is paid in full, a sum ("Funds~ for: (a) yearly taxes and mssessmco{s which may atlaln priority over this Sdcurity Instrument as a lien on tho Property;, (b) yearly leasehold payments or ground rents on tho Property, if any;, (c) yearly hazard or property insurence premiums; (d) y~tly flood insurance premiums,- ir any;, (e) yearly mortgage insurance premiums, if any;, and (Fy any sums payable by Borrower to' Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "F. scrow Item~." Lender may, at any time, collect and hold Funds in an amount not tO axceed the maximum amount a lender for a federally related mortgage loan may: · require for Borrokwr's escrow account under' the federal Real F~tate Settlement Procadur~ Act of ]974 ns amended from time to time, 12 U.S.C. § 2601 et seq. ('RESPA"), unless another law that applies to the Funds se{s a tesser ,amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the [e~er amounL Lender may estimate the amount of Funds due on the basis of currun! data and reasonable estimales of expenditures of future Escrow Items or otberwis¢ in accordance with applicable law. Loan No: 09758142 Data ID: 149 The Funds shall b~ held in an institution whos~ deposits arc ir, surcd by a f~lcral agency, instrumentality, or emily (including l~ndcr, if L~ndcr is su~ an institution) or in any Fcdc~l Home Q~n ~nk.' ~. shall app~ thc Fun~ to pay thc ~ It~. ~nd~ may ~t ~rgc for holding and app~ng thc Funds, annually analT/~ng the ~cr~ a~unt, or verifying lhc ltc~, unl~ ~ndcr pa~ Bo~r lateral on thc Funds and appli~ble hw ~rmits ~nder to make such a charg~ Ho~r, ~ndcr may r~uirc Bor~wer to ~y a one-time charge for an iridescent r~l ~tatc t~ reporting ~i~ us~ by ~ndcr in ~nnection ~th this loan, unl~ appli~blc law p~ othe~ Un~ an ag~nt ~ m~e or appl~b]e 1~ ~u~ int~t to ~ ~id, ~ndcr. shall not ~ r~ui~ ~o pay Borer any intcr~t or ~rnin~ on thc Funds. Borr~r and ~ndcr ~y a~ iff ~t~ ~r, ~t in~t sha~ ~ ~ on t~ Fu~ ~dcr s~ll ~thout char~ an annual a~unting of thc Fun~, showing ~its and dcbi~ to Ih~ Funds and thc pu~ for which ~ch debit to th~ Funds ~ made. ~ Fun~ ar~ pledg~ ~ additional ~urity fOr all su~ ~r~ ~ Ih~ ~rJty [~t~mcnL If the Fun~ ~ld ~ ~ndcr ~ the amoun~ ~rmitt~ to ~ held by appli~ble law, ~ndcr shall a~ount to Borer for thc ~ Fun~ in ~rdan~ ~th the r~uircmcn~ of appli~blc law. If ~e a~nt of the Fu~ h~d ~ ~r at any time ~ not suffi~nt to pay thc ~ lte~ ~n du~ ~nder may so notify Borr~r in ~ting, and, in su~ ~ Borr~r shall pay to ~ndcr ~c a~unt n~a~ to make up thc dcfi~cn~. ~rr~r shall ~kc up th~ dcfi~cn~ in no more than t~lve mon~ly payment, at ~ndcr's sole d~rction. Upon pa~cnt tn full of all sums ~ur~ by this ~curity I~trument, ~nd~ shall promptly ~und to ~ff~ any Fun~ held ~ ~d~. If, und~ ~ph 21, ~r sh$1 a~uirc or ~ the Pmk, ~nder, prior lo t~ a~u~i~n or ~le of thc Pm~y, ~11 app~ a~ Fu~ h~d m the time of a~u~ition or nit as a ff~it against thc su~ ~ur~ by th~ ~Hty l~tmmcnt. ~. Appli~t~n of I)aymen~. Units appli~bld hw pro~d~ othe~, all ~cn~ re~i~ ~nder under ~ra~aphs 1 and 2 shall ~ applicd: fi~t, to any pre~c~t charg~ duc under thc Not~ ~, Io amoun~ pa~blc und~ ~rag~ph ~ third, to inter~t due; fourth, to pr~n~pnl duc; and I~t, to any hte ~rg~ duc under thc Note. 4. Chn~es; ~e~. Borro~ s~ll pay all t~, ~mcn~, charge, fin~ and im~ilio~ attributable to thc Pro.fly which may at.in priority o~r th~ ~urity I~trumcnt, and l~hold ~ym~ or ground ren~, if any. Borr~cr shall ~y Ih~ obligat~ in the manner provid~ in ~graph ~ or if not ~ld in that manner, ~rr~r shall ~y them on time dirtily to thc ~on ~ ~ent. ~r~r ~11 pmmpt~ fu~ to ~dcr all ~ti~ of amoun~ to ~ ~id und~ th~ ~rag~ph. If ~ffowcr mak~ th~ ~ymen5 directly, Borer shall pmmpdy furn~h to ~ndcr r~ipu ~dendng thc payment. ~ s~l p~mpt~ d~r~ any li~ whi~ ~ pfiorily ~ th~ ~ty ~st~nt unl~ ~r~r: (a) agr~ in ~fting ~o thc ~cnt of thc obligation s~r~ by thc li~ in a manner . a~p~b~ m ~ ~) ~nt~u in ~ fsth the lien ~, or d~ a~l~t cnfo~t of the li~ in, legal pr~ whi~ in thc ~nder's opinion opc~te to print the enfor~ment of thc lien; or (c) ~r~ from the holdcr of thc lien an afr~mcnt ~tisfacto~ to ~nder su~rdi~ting the lien to th~ ~u~ty Instrument. If ~ndcr dclcrmin~ that any ~rt of thc Pm~rty is subj~t to a lien which may attain priority ov~ th~ S~rity [~t~ment, ~nder may gi~ ~r~r a noti~ identifying thc lien. ~o~r shall ~tisfy thc lien or lake one or more of thc actions ~t forth ab~ within 10 da~ of Ibc giving of noti~ Form 3030 a/o0 ~0 3 of TO Pg~ea) Loan No: 09758142 Data ID: 149 ~. Ilazard or Property ln.~urance. Borrower shall kcep the. improvctnonL~ now existing or hcrceftcr cwcted on the Property imured against loss by tiro, haz. ard~ included within thc term "extended co, rage" and any ether hazard~, including fiood~ or flooding, for which Lcndcr rcquirex insurance. This insurance shall he mainlalnod in the amounts and for thc perio~ that Lender rcquirex. Thc imurance carrier providing thc insurance shall he chosen by Borrower subjec~ to Lender's approval which shall not unreamnably withheld. If Borrower fails to maintain co',~ragc d~crihed above, Lender may, at Lender's option, oblain covera~ to prote~t Lender's righls in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgagcc chexc. Lender shall have the right to hold the policiex and ronewais. If Lender rcquirex, Bom~' shall promptly give to Lcn~ all re. ceipts of paid premiums and renewal notice. In thc event of io~, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of Io~ if not made promptly by Borrower. Unless Lender and Borrower otherwise agree, in writing, insurance procued$'shall bc applied to re~toralinn or repair of th~ Property damaged, if the restoration or repair is economically feasible and Lender's security ls not le~ened. If Ihe restoration or repair is not economieally feasible or Lender's se.~rity would be lessennd, the insurance proceeds shall he applied to the aum~ secured by this Security Imtrumcnt, whether or not then du~ with any excess paid to Borrower. If BorrOWer abandons the Property, or dae~ not answ~ with~ ~ days n notice from Le~cr that the il'~urarlc~. ~Rfr~' h~ offered to settl~ a claim, then Lender may celica the insurance proceeds. Lender may usc Ihe procce& to repair or restoro the Property or to pay sums secured by thi~ Security Instrument, whether or not then due. The .30-day p~rlod will b~gin when the notice is given. ' Uale~ Lender and Borrov, v.r ethc~se agree in writing, any appRcation of pr~ to prin~pal shall not ex~end or postpoue the due datc of the mamhly paymen~ referred to in paragraphs 1 and 2 or chan~e the amount of the payruents. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance pelicies and pr~__~_a_s re~ultinS from dama§c to the Property prior to thc acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior Io thc acquisition. 6. O~upancy~ Preservation, Maintenance and Prote~Rinn of the Prol~rty; Borrower's Loan At~ication; l.~.~e~is. Borrower shall eccopy, exmbllsh, and use the Property ns Borrower's principal residence within sixty day~ after thc execution of this Security Instrument and shall continue to occupy thc Property as Borrower's principal residence for at Ica~t one year after the date of occupancy, unle~ Lender otherwise agre~ in writing, which consent shall not he unreasonably withheld, or unlc.~ extenuating circumstanc~ exist which arc beyond Borrower's control. Borrower shall not damage or impair Ihe Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall he in dernull if any forfeiture action or proceeding, whether civil or criminal, is hellun that in Lender's good faith judgment could rexult in forfeiture of thc Property or othe~,visc materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and rcir~tate, as provided in p~ragraph 18, by causing thc action or to.he dismissed with a i'uling that, in Lenders good faith determination, precludex forfeiture of thc Borrower's inter~t in thc Property or other malcfial impairment of the lien created by this Security Instrument or Lender's security interest, Borrower shall also be in default if Borrower, during the loan application proem, gave materially fais~ or inaccurate information or slatomcn~ to Lender (or failed to provide Lender with any material information) in conn¢crion with the loan evidenced by the Note, including,' but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Inslrumcnt is on a leasehold, Borrower shall comply with all the provisions of thc lease. If Borrower accluirex fee title to thc Property, thc leasehold and the fcc title shall not merge unless Lender agreex to the merger in writing. Form 303~ a/~ ~age ,~ of 10 Page~) Loan No: 09758142 Data ID: 149 7. Protection of l.gnd~r~s RighL*~ in the Property. if Borrowcr fail~ Io perform thc covenants and · agrccmcnts contained in Ibis Security Instrument, or thcrc is a Icgal procccdin§ tha~ may significantly affcct Lender's rights in thc Property (such as a proceeding in bankruptcy, probate, for condcmnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessa~ to protect the value of thc Property and Lender's rights in thc Property. Lendcr's actions may include paying any sums secured by n lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on tho Property m make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and L.cnder a§re~ to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a Condition of making the loan secured by this Security Instrument, Borrower shall pay thc premiums required to maintain the mortgage insurance in effect. If, for any reason, thc mortgage insurance coverage required by Lender lapses or cnases to be in effect, Borrower shall pay thc premiums required to obtain coverage substantially equivalent to the mongagc 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 insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to I.cndcr eac~ month a sum equal m naa-twelfth of thc yearly mortgage insurance premium being paid by Borrower when the insurance coverage laird or ceased to be in elTect. Lender will accept, use and retain these payments ns a k~s reserve in lieu of mortgage insuranoc. I ~e rescn, c 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 be. comes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a lor. s rnse~o, until the requirement for mortgage insurance ends in accordance with any written ngrceracnt between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent, may make reasonable entries upon and inspections of thc Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. . 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In thc event of a total taking of the Property, thc proceeds shall be applied to thc sums secured by this Security Instrument, wbether or not then .duc, with any excess paid to Borrower. 'In th6 event of a partial taking of thc Property in which tho fair market value of thc Property immediately before the taking is equal to or greater than thc amount of the sums secured by this Security Instrument immediately before thc taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this,, .S.e~u~ rity Instrument shall be reduced by the amount of thc proceeds multiplied by thc following fraction: (a) tho total amount of the sums secured immediately before tho taking, divided by (b) the fair market value of the Property immediately before the taking. Any balanec shall be paid to Borrower. In the event of a partial taking or thc Property in which thc fair market value of thc 'Property immediately before the taking is less than thc amount of the sums secured immedialcly be'fore thc taking, unless Borrower and Lender otherwise agrce in writing or unless applicable law otherwise provides, thc proceeds shall be applied to thc sums secured by this Scearity Instrument whether or not thc ~ums are then due. Fo~m 3039 g/go (Page So[ 10 Pages) Loan No: 09758142 Data ID: 149 If thc Property is abandoned by Borrower, or if, after notice by Lender to Borrower that thc condemner offers to make an award or settle a claim for damages, Bo~ fails to respend to Lendcr within 30 day~ after thc date tho notice is given, Lender is authorized to collecl and apply thc proceeds, at its option, either to restoration or repair of thc Property or to thc sum~ secured by this Security Instrument, whether or not then duc. · Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the duc date of thc monthly payments referred to in paragraphs I and 2 or change thc amount of such payments. II. Borenw~r blot Relrased; Forbearance By L~nder Not a Wnlver. 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 Ben, ewer shall not operam to release the liability of thc original Borrower or Borrov~r's successors in interest. Lender shall not ho required to commence proeecdings against any successor in interest or 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 Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude thc exercise of any right or remedy. 12,. Successors and Assigns Bound; Joint und Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and honofit thc successors and assigns of Lender and Borrower, subject to the provisions el paragraph 17. Borrower's cuvcnants and agreements shall be joint and several Any Borrower who co-signs this Security Instrument but does not execute thc 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 thc terms et this Security Instrumealt or Ihe Note without that Borrower's consent. 13, Loan Clmrges. 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 ho cullccled ia conneaion with the loan e~__t~e~__ the pcrraitted limits, then: (a) any such loan charge shall ho reduecd by the amount necesrmvd to reduce thc charge to thc permitted limit; and Co) any sums ah'cudy collected from Borrower which exceeded permitted limits will be re. funded 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 ho 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 any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address slated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall ho deemed to have been given to Borrower or l.~nder when given as provided in this paragraph. Fo~m sea~ ~ (Page 6 o~ 10 Pages) Lean No: 09758142 Data ID: 149 15. GoverninR Law; Severnbility. 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 prevision 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 thc Note arc declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 1.7. 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 Borrewcr is sold or transferred and Borrower is not a natural person) without Lander's prior written consent, Lander may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not bc exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. if Lander exercises this option, Lender shall givc Borrower notice of acceleration. The notice shall provide a perigd of not leas 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 sun'~s 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 mccts certain condilinns, Borrewcr shall have the right to have enforcement of this Security Instrumenl discontinued at any time prior to the earlier of: (a) $ days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) 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; Co) cures any default of any other cevenanls or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorncys' fcc~; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Leader'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 thc obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in thc case of acccleratien under paragraph 17. 19, Sale of Nme;, Change of Loan Servicer. The Notc or a partial inter~t in thc Note (together with this Security Instrumcnt) may be sold one or moro tit~ without prior notice to Borrewcr. A sale may result in a changc in thc entity (known a~ thc 'Loan Servicer") that collects monthly paymcnls duc under thc Note and this Security Instrument. There also may be one or more changc~ of thc Loan Servicer unrelated to a sale of thc Note. If there is a change of thc Loan Servicer, Borrowcr will hc given written notice of thc change in accordance with paragraph 14 above and applicable law. Thc notice will state the name and addrcss of thc new Lean Servicer and thc address to which payments should be made. Thc notice will also contain any othcr information required by applicable law. Form3039 9/90 (Page?O~lO Page~ Data ID: 149 20. Ilazardous Substances. Borrower shall not cause or permit thc presence, nsc, disposal, storage, or release of any Hazardous Substances on or in thc Pro,.fly. Borrower shall not do, nor allow anyone clsc to do, anything affecting thc Property that is in v~olation of any Environmental Law. Thc preceding two scntencns shall not apply to thc presence, usc, or storage on thc Property of small quantities of Hazardous Substances that are generally rccogni?.cd to bc appropriate to normal residential uses and to'maintonanco of thc Property. Borrower shall promptly ~ivo Lender writton nolice of any invnsrigatlon, claim, dcmand, lawsuit or other action by any governmental or rcgulato~y a§ency or private party involving thc Proporty and any Haz. mrdons Sutalance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other · remediation of any Hazardous S.ubstanco affecting the Property is necessary, Borrower shall promptly. take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substance~ by En..qronmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Envtronmenlal Law" means federal laws and laws of the jurisdiction where the Property is Iocaled that re. Jato to health, safety or environmental protection. Non-Uniform Covenants. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notire to B4~rower prk~ m acceleration followin~ Borrower's breach of say covenant or agreement in this Security Instrument (but not prior to acceleration under pera~vaph 17 unless nppficehle Iow provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) Ihe action required to cure the defuufi{ (c) when the default must be cured; and (d) that failure lo cure the default as specified may result in. acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding nnd sale of the Property. l~nder shall further inform Borrower of the right to reinstate after acceleration nad the right to assert in the foreclosure proceeding the non-existenee of n delhult or any other defense Of Borrower to nceeieration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment In full of ali sums secured by this Security Instrument without further demand and may foreclose thla Security Instrument by Judicial preceding. Lender shall be entitled 1o collect aH expenses incurred In pursuing the remedies provided In this paragraph 21, including, but not limited to, reasonable uttoeneys' fees end easts of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrumen! and tho estate convoyed shall terminate and become void. Afmr such occun'ence, Lender shall discharge and satisfy this Security Instrument without charge to Borrov~r. Borrower shall pay any reedfdatloo costs. :13. Waivers. Borrower, to the cxtent permitted by applicable law, waives and releases any nrror or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for slay of execution, ex.to,ion of time, exemption 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 tho enmmcnccment of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 2~, Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Sonority Instrument shah bca purchase money mortgage. 26, Interest Rate After Judgment. Borrowcr agrees lhat the interest rate payable after ~ judgment is entered on the Note or in an action o1' mortgage foreclosure shall be the rate payable from time to time under tho Note. Foem 3039 ajao (Page 8 ol 10 Pege~) Loan No: 09'758142 Data ID: 149 27. Riders to this Security Instrument. If one or more ridcrs are executed by Borrowcr and recorded togcthcr with this Security Instrument, thc covenants and agrccmcnts of each such ridcr shall bc incorporated into and shall amend and supplement the covenants and a§recments of this Security Instrument as if thc rider(s) were a part of this S~:urity Instrument. [Check applicable box(cs)] [] Adjustable Rate Rider f-I Condominium Rider [] 1--4 Family Rider [] Graduated Payment Rider [] Planned Unit Develo]~ment Rider [] Biv, o:kly Paymcot Rklcr [] Balloon Rider I'-I Rate lmprovcmcnt Rider [] Second Home Rider [] Other(s) [specify] By $1~ning Below, ~orrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witness ULITI Fo~m 3039 cleo (Page 9 ~ 10 Pages) ~ ~ollow8~ to vtts