Loading...
HomeMy WebLinkAbout02-4513McCABE, 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 Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Company of Pennsylvania P.O. Box 8621 Elmhurst, IL 60126 Marie F. Wilkinson 319 North West St. Carlisle, PA 17013 Attorney for Plaintiff Cumberland County Court of Common Pleas Number CIVIL ACTION/MORTGAGE 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 if you fail to do so the case may proceed without you and a judglnent may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 Le han 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. LLEVE ESTA DEMANDA A UN ABOGADO 1NMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland CounW Bar Association 2 Libeay Avenue Carlisle, PA, 17013 800-990-9108 SHERIFF'S RETURN CASE NO: 2002-04513 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS WILKINSON MARIE F REGULAR CPL. MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WILKINSON MARIE F the DEFENDANT at 2102:00 HOURS, on the 8th day of October at 319 NORTH WEST ST 2002 CARLISLE, PA 17013 MARIE F WILKINSON by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this /~--- day of Oe~ J~ ~ A.D. ~ ~rothonotary So Answers: 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-I010 Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Company of Pennsylvania P.O. Box 8621 Elmhurst, IL 60126 Marie F. Wilkinson 319 North West St. Carlisle, PA 17013 Attorney for Plaintiff Cumberland County Court of Common Pleas Number CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Company of Pennsylvania, a corporation duly organized under the laws of Pennsylvania and doing business at the above captioned address. 2. The Defendant is Marie F. Wilkinson, who is the mortgagor and real owner of the mortgaged property hereinafter described, and her last-known address is 319 North West St., Carlisle, PA 17013. 3. On 07/19/1999, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1558, Page 674. 4. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 319 North West St., Carlisle, PA 17013. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01 / 19/2002 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. The following amounts are due on the mortgage: Principal Balance Interest 12/19/2001 through 07/09/2002 (Plus $ 5.29 per diem thereafter) Attorney's Fee Cost of Suit Appraisal Fee Title Search GRAND TOTAL $ 16,828.31 $ 1,772.32 1,500.00 225.OO 125.00 20o.00 $ 20,650.63 7. The attomey'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. 8. 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 Defendant in the sum of $20,650.63, together with interest at the rate of $5.29 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. TEP NCE J. McC SQUIRE Attorney for Plaintiff VERIFICATION The undersigned, Bernie Miller, hereby certifies that he is tzhe Fo~eclozs~re SpeciaList of theplaintiff in the within action, --~/[~//~/~/~_~/J'~ ~Z~/~. ~ /~ 9~Ad~/~/2~F~_~ , and that she 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. Bernie Miller IMORTGAOEI THIS MORTGAOE is made this day 101H of JULY 1900 , be eentheMort agor, MARIE F. WILKINSON {herein 'Borrower")andMortga~ BENEFICIAL CONSUMER OISCOUNT COMPANY DIBI~ BENEFICIAL MORTGAGE CO OF PENNSYLVANIA a corpomtion orSanizedand cxi~ing under the laws of 419 STONEHEDGE DRIVE, SUITE 2, CARLISLE, PA PENNSYLVANIA I . whose address is 17013 (herein "Lander"). I WHEREAS, Borrower is indebted to Lender in the pri..0d~al sum ors 18,688.33[ e/ , evidenced by Borrower's Loan Repayment and Security Agr~ment or ~-'ondary Mortgage ~Loa~ant dated JULY 1 g, lggg and any extensions or ~,ncwals thereof - ' " - -" id'rog'for monthly installments of principal and interest, including any adjtmtmen~l~-e~g'~s or ~he contract rate if that rate is variable, with the balance of the indebtedness, if not sooner paid, due and payable on JULY 23, 200g ~] WHEREAS, Borrower is indebted to Lender in the principal sum of $ [ ,or so much thereof as may be advanced pursuant to Borrower's Revolving Loan Agreement dated and extensions and renewals thereof (herein "Note"), providing for monthly installments, and :interest at the rate and under the terms specified in the Note, including any adjustments in the interc~ rate if. that rate is variable, and providing for a credit limit stated in the principal sum above and an initial advance of $ ] ; TO SECURE tO Lender thc repayment of (1) the indebtedne~ evidenced by thc Note, with interest thereon, including any increases if the contract rate is variable; (2) future advances under any Revolving Loan Agreement; thc payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage; and (4) thc performance of the covenants and agreements of ]3orrower herein contained, Borrower does hereby mortgage, grant and convey to Lender ' ' '~ · and Lender s sucse~or:; and aseagns the following descnbo~l property located in thc County of CUMBERLAN0 Corn monwealth of Permsyl yams: ALL THAT CERTAIN PROPERTY SITUATED IN THE BOROUGH OF CARLISLE IN THE COUNTY OF CUMBERLAND AND COIv~tONWEALTH OF PENNSYLVANLA, BEINO MORE FULLY DESCRIBED IN A DEED DATED 05121/0g AND RECORDEO 0512110g, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEEO VOLUME 1gO AND PAGE 1008. ADDRESS: 319 N WEST ST.; cARLISLE, PA. 17013 TAX MAP OR PARCEL ID NO,: 05-20-1798-002 10-01-98 MTG FILE COPY PA001251 -2- TOGI~[HER with all the improvements now or hereafter erected on the property, and all easements, rights, ' appurtenances and rentS, all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property." 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 p~OpertI is unencumbered, except for encumbrances of record. Borrower covenants that Borrower Warrants and will defend generally the titlg to the Property against all claims and demands, subject to encumbrances of record. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: I. Payment of Principal and Interest at Variable Rates. This mortgage secure~ all payments of principal and interest duc on a variable rate loan. The contract rate of interest and payment amountS ma)' be subject to change as provided in the Note, Borrowers shall promptly pay when due all amountS required by the Note.. 2. Funds for Taxes and Insurance. Subject to applleable law or waiver by Lender, Borrower shall pay to Lender on the day monthly paymentS of principal and intere~ are payable under the Note. until the Note is paid in full, a sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments {including condomimu and planned unit development assessments, if any) which may attain priority over this Mortgage and ground rentS on the Property, if any, plus one-twelfth of yearly premium installments for hazard insurance, plus o.ns-twelfth of yearly premium installmentS for mortgage insurance, if any, all as reasonably estimated initially and trom time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make s~h payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency (insluding Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account or verifying and compiling .said as~esaments and bills, unless Lender pays Borrower interest on the Funds and applleable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and units such agreement is made or applicable law requires Such interest to be peidl Lender shall not be required to pay Borrower any interes~ or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and deblta to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Mortgage. If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rentS as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessmentS, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessar~ to make up the deficiency in one or more payments as Lender may require. Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any funds held by Lender. If under paragraph I? hereOf the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Mortgage. 3. Application of Payments. Except for loans made pursuant to the Pennsylvania Consumer Discount Company Act, all payments received by Lender under thc Note and paragraphs I and 2 hereof shall be applied by Lender first in payment of amountS payable to Lender by Borrower under paragraph 2 hereof, then to interest, and then to the principal. 4. Prior Mortgages and Deed of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or ether security agreement with s lien which has priority over this Mortgage, including Borrower's eovenanm to make payments when due. Borrower shall pay or cause lo be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. 10-01-98 MT6 FtLE COPY 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter ,~rected on the Property insured against loss by flre, hazards included within the term "extended coverage," and such o~her hazards as Lender may require. The insurance carrier providing the insurance shall be chosen by the Borrower subjeot ~t~ approval by Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a fftsndsrd mortgage clause in favor of and i~ a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, sub~ect to the t~rms of any mortgage, deed.of trust or other security agreement with a lien which has priority over this Mortgage. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of 1o~ if not made promptly by Borrower. ., If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim ]for insurance benefits, Lender is authorized to collect and apply the insurance procee~ at Lender's option tither to restoraUon_ or repair of the Property or to the sums secured by this Mortgage. 6. Preservation and Maintenance of Property; Leaseholds; Condominiuh~s; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commtt waste or permit impairment or deterioration of the Property and shall comply wtth the prowmons of any lease d th:s Mortgage ~s on a lea.~hold. If this Mortgage is on a unit in a condominium or a planned unit development, BorrowerI shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit develop,ment, and constituent documents. , [ . . ?. Protection of Lender s Seourity. If Borrower fails to perform the covenants and a.g,r, ecments contained m this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' feee, and take such action as is ncse~ary to protect Lender's interest. Any amounts disbursed by Lender pursuant to this paragraph 7, with intereet thereon, at ,the contract rate, shall become additional indebtednc~ of Borrower secured by this Mortgage. Unie~ Borrower and ~Lender agree to other terms of payment,.~.h amounts shall be payable upon notice from Lender to Borrower req.ue~ttng payment ther~f. Nothing contained tn this paragraph ? shall require Lender to incur any expense or take any a~twn hereunder. 8. Inspection. Lender may take or cause to be made reasonable entries upon and :nsl~?Ons of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. ~}. Condemnation. The proceeds of any award or claim for damage~, direct or conseq.~, ntial in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in heeler condemnation, are hereby asdg~ed and shall be paid to Lender, subject to the terms of any mortgage,, deed of trust or other security agreement with a lien which has priority over this Mortgage. '~ t ] e for ment or 10. Borrower Not Released; Forbearance By Lender Not a Waiver. ~xtermion of he tim pay modification of amortization of the sums secured by this Mortgage granted by Lender to any ,s~ceessor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and ,Borrower's succeasor~ in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend t~me for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of[any demand made by the aris;ual Borrower and Borrower's succe~ors in interest. Any forbearance., by Lender in ¢~ercising any right or remedy herannder, or otherwise afforded by applicable law, shall not be a watver of or preclu~le the exercise of any suoh right or remedy. [ d l 1. SuccesSors and Assigns Bound; Joint and Several Liability; Co-signers. The covensn~ an agreements herein contained shall bind, and the rights hereunder shall inure to, the r~pective socee~surs andlassigns of Lender and Borrower, sub, est to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-dgns this Mortgage, but doe~ not execute the Note, (a) ' ~ ' ' ' ts co~mgmng thru Mortgage only to mortgage, grant and convoy that Borrower's interest in the Property to Lender under, the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agree~ that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodatld~s with regard to the terms of this Mortgage or the Note without that Borrower's consent and without release,nS that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. PAOOlZSa 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail address, ed to Borrower at the Property Addres~ or at such other addres~ as Borrower may designate by notice to Lender as provided herein, end (b) any notice to Lender shall be given by c~rtified mail to Lender's addres~ stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13. Governing Law; Severability. The state and local laws applicable to this Mortgage shall be the.laws of the jurisdiction in which the Property is located. The foregoing sen~nee shall not limit the applicability of Federal law to this Mortgage. In the event that any provision or clause of this Mortgage or the Note eova'licts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, 'co,ts," "expenses" and "attorneys' fee~" include all sums to the extent not prohibi~:l by applleable law or limited herein. 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borro~ver's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Leader's option, may require Borrower ~o execute and deliver to Lender, in a form scceptable-~o Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with improvements made to the property 16. Transfer of the Property. If Borrower sells or transfers all or any part of the Property or an interest therein, excluding (a) the creation of a lien or encumbrance subordinate to this Mortgage, (b) a transfer by devise, descent, or by operation of law upon the death of a joint tenant, (c) the grant of any leasehold interest o! three years or less not containing an option to purchase, (d) the creation of a purchase money security interest for household appliances, (e) a transfer to a relative resulting from the death of a Borrower, (f) a transfer where the spouse or children of the Borrower become an owner of the property, (g) a transfer resulting from a decree of dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement, by which the spouse of the Borrower becomes an owner of the property, (h) s transfer into an inter vivos trust in which the Borrower is and remains a beneficiary and which does not relate to a transfer of rights of occupancy in the property, or (i) any other transfer or disposition described in regulations prescribed by the Federal Home Loan Bank Board, Borrower shall cause to be submitted information required by Lender to evaluate the transferee as if a new loan were being made to the transferee. Borrower will continue to be obligated under the Note and this Mortgage unless Lender releases Borrower in writing. If Lender does not agree to such sale or transfer, Lender may declare all of the sums secured by this Mortgage to be immediately due and payable. If Lender exercise~ such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 12 hereof. Such notice shall provide a period of not le~ than 30 days from the date the notice is mailed or delivered within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without~ further notice or demand on Borrower, invoke any remedies permitted by paragraph 17 hereof. NON-UNIFORM COVENfiaNTS. Borrower and Lender further covenant and agree as follows: 17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying: (I) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to Borrower, by which such breach must be curedi and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding, and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the ?ight to assert in the foreclosure proceeding the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceedigg all expenses of foreclosure, including, but not limited to, reasonable attorneys' fees and costs of documentary evidence, abstracts and title reports. 10-01-98 MTG PA001254 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums by this Mortgag~ dfie to Borrower's breseh, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender all sums which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (cf BorroWer pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage, and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (df Borrower takes such action ~s Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Assignment of Rents; Appointment of Reeaiver. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof, in abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under paragraph 7 hereof or abandonment of the Property~, Lender shall be entitled to have a receiver appointed by a court to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by the receiver shall be applied first to piyment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Mortgage. The receiver shall be liable to account only for those rents actually received. 20. Release. Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. 21. Waiver of ltomestead. Borrower hereby waives all right of homestead exemption in the Property under state or Federal law. 22. Interest Rate After Jndgmenl. Borrower agrees the interest rate payable after a judgment is entered on the Note or in an action of morigage [oreclosure shall be the rate stated in the Note. PA~01255 FILE COPY fL- REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST · Borrower and Lender requ~t the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Mortgage to g/ye Notice to Lender, at, Lender's sddre~ s~t forth on pageone of th~s' ' Mortgage, o! any default under the superior encumbrance and of any sale or Other {oreclOSure action. I hereby certify that the precise address of the Lender (Mortgagee) is; Beneficial ~onsum~r Beneficial Mortgage Co. of Pennsylvania ] On behalf of the Lender. By: /~.~Y//&~.~X.~. Title: COMMONWEALTH OF PENNsYL~I~I~. Ranee, L Brenne=an Count~ ~s; I, John R. Talalai . a Notary Public in and for said county and state, do ~ereby certify that Marie F. personally known to me to,he the same Per~n(s) whose name(s) is subscribed to th4 foregoing instrument, appeared Wore me this day in person, and acknowledge that $ .he __ aigned and delivered the said in~trumeat as her free voluntary act, for the uses and purples, thereto set forth. Given under my hand and offic/al seal, this 19th My Commission expire~: · r -" ", .: ..... . · ..... .... ~ -, . ~~~~: Discount Co, d/b/a day of July I ,1999 This instrument w~as prepared by: Beneficial Consumer Discount Co. D/b/a Beneficial Moregage Co. of Pennsylvania (Name) 419 Stonehedge'Dr. Ste 2 Carlisle, Pa. L17013] (AddresS) (Spal~ Below Th~ Line Re~erved Nor Lender and Recorder} Return To: Recorch Proce~ing 8ervice~ 577 Lamont Road Elmhurst, IL 60126 ,°-°,-,, .. ,,,, ,., Imlillllllllllllllllll llillllill ,.oo,,,, 0?/29/2002 15:46 16700000000000000000 MONAGHAN PAGE 04 ALL THAT CERTAIN house and lot of ground and improvements erected ~ situate at and known as 319 North West Street, ia the Borough of Carlisle, County of Cllmborlarld, Commonwealth of Pennsylvania, bounded and described as follows: ON the North by property formerly of Benjamin Hosler; on the East by property formerly of the Rinesmith Estate; on the South by property of Ralph E. L~ws aud Elizab~h Laws, his wife; and on the West by North West Street, containing 15 feet in front on North West Street and extending back at an even width, a distance of 100 feet. BEING identified as Tax Parcel No. 05-20~1798~062.