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HomeMy WebLinkAbout07-0663r LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ATTORNEY FOR PLAINTIFF EMC MORTGAGE CORPORATION COURT OF COMMON PLEAS 800 STATE HIGHWAY 121 BYPASS LEWISVILLE, TX 75067-4180 CIVIL DIVISION PLAINTIFF CUMBERLAND COUNTY VS. JOHN D. LONG, A/K/A JOHN DAVID LONG ANNA K. LONG, A/K/A ANNA KAREN LONG 3001 MAYFRED LANE CAMP HILL, PA 17011 NO. 0~1- 4. L3 C((..j ?L COMPLAINT IN MORTGAGE FORECLOSURE DEFENDANTS NOTICE 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 defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 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 REQUIRES 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. ` LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD 11T FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ATTORNEY FOR PLAINTIFF EMC MORTGAGE CORPORATION COURT OF COMMON PLEAS 800 STATE HIGHWAY 121 BYPASS LEWISVILLE, TX 75067-4180 CIVIL DIVISION PLAINTIFF VS. JOHN D. LONG, A/K/A JOHN DAVID LONG ANNA K. LONG, A/K/A ANNA KAREN LONG 3001 MAYFRED LANE CAMP HILL, PA 17011 DEFENDANTS CUMBERLAND COUNTY No. oa7- G G 3 C? COMPLAINT IN MORTGAGE FORECLOSURE CIVIL ACTION MORTGAGE FORECLOSURE 1. EMC Mortgage Corporation (hereinafter referred to as "Plaintiff") is an Institution conducting business under the Laws of the Commonwealth of Pennsylvania with a principal place of business at the address indicated in the caption hereof. 2. John D. Long, a/k/a John David Long and Anna K. Long, a/k/a Anna Karen Long (hereinafter referred to as "Defendants") are adult individuals residing at the address indicated in the caption hereof. 3. Plaintiff brings this action to foreclose on the mortgage between the Defendants and itself as Mortgagee by Assignment. The Mortgage, dated March 27, 2006, was recorded on April 6, 2006 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 1946, Page 70. A copy of the Mortgage is attached and made a part hereof as Exhibit `A'. Plaintiff is now the legal owner of the mortgage and in the process of formalizing an assignment of same. 4. The Mortgage secures the indebtedness of a Note executed by the Defendants on March 27, 2006 in the original principal amount of $99,400.00 payable to Plaintiff in monthly installments with an interest rate beginning at 12.25%. A copy of the Note is attached and made a part hereof as Exhibit `B'. 5. The land subject to the mortgage is 3001 Mayfred Lane, Camp Hill, PA 17011. A copy of the Legal Description is attached as part of the Mortgage as Exhibit `A' and incorporated herein. 6. The Defendants are the Record Owners of the mortgaged property located at 3001 Mayfredd Lane, Camp Hill, PA 17011. 7. The Mortgage is now in default due to the failure of the Defendants to make payments as they become due and owing. As a result of the default, the following amounts are due: Principal Balance $99,318.47 Interest to 1/25/2007 $6,883.27 Accumulated Late Charges $9.43 Accumulated NSF Charges $20.00 Escrow Advance $1,671.31 Penalty Interest $4,865.61 Other Fees Due $27.00 Cost of Suit and Title Search $550.00 Attorney's Fees $1,000.00 TOTAL $114,345.09 plus interest from 1/26/2007 at $33.33 per day, costs of suit and attorney's fees. 8. 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 purchase at Sheriff's sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 9. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a defaulting mortgagor with a Notice of Homeowners' Emergency Mortgage Assistance ("Act 91 Notice") 35 P.S. Section 1680.403c. 10. The Notice of Homeowners' Emergency Mortgage Assistance was required and Plaintiff sent the uniform notice as promulgated by the Pennsylvania Housing Finance Agency to the Defendans by regular and certified mail on November 16, 2006. A copy of the Notice is attached and made a part hereof as Exhibit `C'. EXHIBIT `A' < 7 ? , Prepared By: [Campwy Name] (Name of Naturat Person) (Street Addrass] lCdi. Stare 255 Code] [Telaprxrre Number) After recording please return to: In& yMaic Bank, P.S.B. c/o Documnt NanAgenvnt (Company Name] [Name of Natard Person] 901 E. 104th Street Building B Suite e?00/50 (street A mess] Kansas City, MO 64131 (tel. Stare zip code] E;JU;WER OF DECH CU!-!BEftLAND 4`0UNTY-rA -9PR 6 pm 12 y0 I M?? ? L 12 3 ov 3 s8 3 -. - -6 17etepbone Number] UPUPINlfax ID' 01-22-0533-203 - - - - - - - -r4r,"rAbvvr Au Line For Rcwrdmg Dxaj-- - - - - - - - - - MORTGAGE MIN 100055401230035836 DEFINITIONS Words used in multiple sections of this document are defined below and other words art: defined in Sections 3, 11, 13, 18, 20 and 21. Certain mules regarding the usage of words used in this document art: also provided in Section 16. (A) "Security Instrument" means this document, which is dated March 27, 2006 , togcthcf with all Riders to this document, "-%=I IYV: 16?vv.77a? /f r --W Pennsylvania Mortpae-Singic Fwn*Fonnk M*VFrrddk,%bc LNIFORM INS-MUM M MERS blvd fled Form 3039 OUOI -1119COMPUANCESOURCC,INC.- Paw 1 of 14 24301rAw"an e"I r m"WCO.Smo c.c 118111 U1111 QZWk TU CaWIWK* sOWCe- ,e. BKI946PG0070 (B) "Borrower" is John D. Long and Anna K. Ung, husband and wife Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, inc. MFRS is a separate corporation that is acting sokly as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MFRS is organized and existing under the laws of Delaware, and has an address and telephone number of P.0- Box 2026, Flint, MI 48501-2026, tel. (888) 679-MFRS. (D) 'Under" is IndyMac Bank, F.S.B., a- federally chartered savings bank Lender is a Federal Savings Bank organized and existing under the laws of United States of AnPXiC.a . Lender's address is 155 North Lake Avenue, Pasadena, CA 91101 (E) "Note" means the promissory note signed by Borrower and dated March 27, 2006 . The Note states that Borrower owes Lender ninety tune thousand four hundred and ND/100ths Dollars (U.S. S 99,400.00 } plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than April 1, 2036 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "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. (H) "Riders" means all Riders to this Security instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check bar err Qppticablep. ? Adjustable Rate Rider ? Condominium Rider ? Second Home Rider ? Balloon Rider ? Planned Unit Development Rider ? Biweekly Payment Rider ? 1-4 Family Rider ? Revocable Trust Rider ® Other(s) [specify] Perforroame Loan Program Rider to Deed of Trust and Adjustable Rate Rider, Fixed/Adjustable Rate LIBOR Rider (1) "Applicable 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. (.n "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association'or similar organization. . (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, 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. , 01. Penrnylvanh Jiortpgt-Sc gle Fwft*Faank M&tWrtddk Mac LWIFURM WnUJ Vff -TliE Counim¢ Souacr, I:c,- Page 2 of 14 1tMS vlodlikd Form 300OVat t4M H1 OM err.. own gKI946PG007! '(L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third parry (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 Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Para 35001 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 loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE FROPEM 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 MM (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS the following described property located in the Coupty of Cumberland [7ype of Recording Jwlsdkdon] (Name of Recording Jwisdtcdon] Tar Parcel ID No: 01-22-0533-203 See ESC It "A" attached hereto and made a part hereof. APN: 01-22-0533-203. which currently has the address of 3001 Mayfred Tana [Street] Cade Hal Pennsylvania 17011 ("Property Address"): [City] (Zip Code) TOGETHER 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. Ali replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security instrument, but, if necessary to comply with law or custom, MFRS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests. including. but not limited to, the right rioan No: 123003583 A le-1 Pennsylvania KcrtMe-Sngle Family-Founk Madt%rtdAk.NUc 1,,7400 M IN uh4v4T MFRS WNW Form 3039 01101 -THE ComnIANCy SMa?cE. INCr PaAC 3 or l• W01TA MLO ate. 00" WWW awfuLsonooft am 11811m ul =WX nee t pfift" soumt 1ft BK"t946PG0072 to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument 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 demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited 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. currency. 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, (e) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits art 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 Loan 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 balance 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 front 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 from 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 outstanding, 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 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 laic charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Iteaas 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 other items which can attain priority over this Security InsbWcnt as a lien or encumbrance on the Penn"hants Mertgap-Single Family-F*nn* Nnoyreddle Vitae VNIFORM -THE COMMANCE SOURCE-1XC_- Prge 4 of 14 +wr,maplwoccrwwc me MERS Modltted Form 301901f91 14M M Wt Rw. OWn M¦ cros.lu cwgrraw so.a b- 9-4 6PG0073 Property; (b) leasehold paymeats or ground rents on the Property, if any; (c) premiums for any and all insurance require} by Lender under Section S; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association [Ares, Fees, and Assessments, if any. be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to bender ail 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 waivcr, Borrower 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, shalt furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender 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 (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow items or otherwise in accordance with Applicable Law. . The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make 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 aril Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage 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 shortage in accordance with RESPA, but in no more than 12 monthly payments. if there is a deficiency of Funds held in escrow, as defined under RESPA, lender shall notify Borrower as required by RFSPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, 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, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments of ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall 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 in 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) cantesm the lien in 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 pending, but only until such proceedings are concluded;- or (e) secures from the holder of the lien an agreement satisfactory to Lender subordin*ng the lien to this Security Instrument. If Prnntylvanb MortV4W-SO9k Fa mi))-Fsank AUdVMddic Mar M1101 M tNSMUMENT MFRS Moditd Form 3039 GIAI 'DIX CoMrUANCE SwnaCF4 INC..- Put 3 or 14 14"M wao is..Irw BK--I-946PG40'74 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 a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Iasarance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding 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 resulting from an objection by Borrower. 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 covet 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 the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section S shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear 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 Lender 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 Lender. 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 Lender. shall be applied to restoration or repair of the Property, if the restoration or repair is economicaUy 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. Lender may disbuase proceeds for the repairs and restoration in a single payment 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 insurance proceeds, Lender shall not be required 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 sole 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 shalt 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 ehtim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property und4F Section 22 or otherwise, Borrower hereby Wan No: 123003583 .r Pe-ylvnnis Mertpte-sinak Fam+44awde MadFMddie Mac UNIFOA -THE CoMruAxc6 SouRcs, Inc.- Pagc 6 or l4 wm coogheoneww as r-MFNr MEAS Modified Form 3a39 0Ut11 14w1FAWM nw.OW*5 =111111N111 0200. The `exWfiu o 5w . I a. I:9 4 6 PG 0 0 7 5 DK VA - assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance polies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender 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. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days of tT the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence fbr 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 Dormwer'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 residing in the Property, Borrower shall maintain the Property in order to prevent the Property- from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section S that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or In a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasm" entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. & Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to. representations concerning Borrower's occupancy of the Property as Borrower's principal residence- 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrnment, If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Secwity Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security instrument or to enforce laws or regu)ations)` or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting 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 bankruptcy proceeding- Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty on obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. 71*se amounts shall bear interest at the Kole rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Barro% er 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 Lender agrees to the merger in writing. j? Loan No: 123003583 A,4-,,e d @? Pennsylvania %lOrtPVr-S ftlc Family-Fannie Nat/Frtdd it !Nat MFO INVSMU:Nt:W HERS 1fo4lifirdForm 36D000I -TW COMnAANCE SoURM INC - Past 7 Of1 iainirAana RM SOW wnv aMOiwu+wwcmm 41011110111 VMS. YU C0091-mm Snip lee. BK,i'946:P60076 10. Mortgage Insurance. If Lender required Mortgage Insurance as is condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer 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 insurer selected by Lender. If substantially equivalent Mortgage insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were 'due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage insurance. Such loss reserve shall be non-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 payments if Mortgage Insurance 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 Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender' providing for such termination or until termination 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 entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any coinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterizcd as) a portion of Borrower's payments for Mortgage Insurance. in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. if such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further. (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. Stich agreements will not increase the anroant Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will sot affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include 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 time otsuch cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds arc 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 ?roce ds, jf the restoration or repair is not economically Ptoasylvaais MorlgaO 4i1Wc Family-Fsanit htsdfnddle Mae U?(jFgRa -I'M COMPLLAA?Ny?CZ SSoRO?C:E. INC.- Put a of 14 WW W wmplbo nowo WM MBRSMedlried Form 30DOV01 u??n? woo ro.. r++os eon CMS. no Caeyra"M soulcR Inc. ot.,- 46PGH77 feasible or bender'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 baking, 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 any, paid to Borrower. In the event of a partiil taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately beforie the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, 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: (a) 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 the 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, des>ruuction, or loss in value is less than the amount of the sums secured immediately before the 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 Property 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 Instrument, whether or not then due. "Opposing Party" 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 proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result 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 the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of 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. All 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 amoriizstioo of the 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 mfuse 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 from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of "preclude the exercise of any right or remedy. 13. Joint and Several Liability; Cosigners; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, 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, grant and convey the co-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 Lender and any other Borrower can agree to eXto4 modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. _ Fe arsytvanis Mo7tpgr-Si& F7mBj -IUE Co7wruMM E Sounm ixc- wwwamr6w,s+ Co. le.y MadFreddlr I UNIFORM 1NS7RUMENi rM9or14 o{.i-946PG0078a MFRS M941W Four 3M QUO) f il?tM argil 77b.. MY?f age Ct00! 7LsCe?pWna Saws 7r?e. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assume 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 shalt bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges Coulon 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, attor'neys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument tdcharge a specific fee to Borrower 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 b? Applicable Law. , If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as it partial prepayment without any prepayment charge'(whether or not a prepayment charge is provided for under the Note). Borrower's acceptance 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. 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 delivered to Borrower's notice address if sent 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 Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lerida shall be given by delivering it or by mailing it by fast 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 mcelved by Lender. If any notice required by this Security Jnstrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security instrument. 16. Governing Law; Severabitity; Rules of Construction. This Security lnstrurient 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 requimments and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be 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 Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (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 (e) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy1 Borrower shall be given ofre copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Deneticial Interest in Borrower. As used in this Section IS, "Interest in the Property" means any leg4l 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 any 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 transferro) without Lenders prior written consent, Perunytvaab MortpSt-Singk Faaib -'rte ComruAmct Swum. w.- ww-omoincesoi ft a BK.i 946PG0079 rsmax naarnwape iu w unI min 1m2ii KF-mLm t PIL" mourned "no AM 51101 Past 18 of 14 tgeRA New RM efts IMEMuMUniNAMMEN 07oe5.1bC@WO6 %QWMbc. Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if 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 these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further. notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower mats certain conditions, Borrower shall have the right to have enfbttxment 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 Lahr 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 expenses incurred in enforcing this Security instrument, including, but not limited to, reasonable attorneys' fees. property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights tinder 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 expenses 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 arc insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the cast of acceleration under Section 18. 20. Sale 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 one or more tines without prior notice to Borrower. A We might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security instrnrrit:nt and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. Them also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Serv?cer, Borrower will be given written notice of the change which will state the name and address of the new Loan Serviccr, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer 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 Lender has notified the other party (with such notice given in compliance with the requirements of Section IS) 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 be taken, 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 given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective 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, volatitc solvents, materials containing asbestos for formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as Pennsylvania Mortgage-Singh: Farts Fewit MatrFreddic Mac imifoit gM§MVMEMT MFRS Mod fled Form 3039 Ot/0! -Tw: CaurLtMCt SoURm Ise -- F, - 1! or rbb 14MM ON)M a... ours eVfiee .Cm MNUMM11 czoos.SLeCenowaesaru.W BK??I-946P6UR0_: defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. 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 Wooing 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, creates a condition that adversely affects the value of the Property. The preceding two sentences shell not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that arc 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 governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but 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 learns. or is notified by any governmental or regulatory authority, or any private party, that any removal or other mmediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and We as follows: 21 Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this 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 care the default, (c) when the default must be cured; and (d) that failure to cure the default as specified may result In acceleration of the sums secured by this Security instrument, foreclosure by judicial proceeding and sale of the Property. Leader shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require Immediate payment In foil of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to coped all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of WI 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. 2S Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's 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 rate 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. Pc=Wvnnta Merttsge-Simla Fsnily-Tannte Y&OFredd e Mm L'NI R1N -Tkm CoMrrimcr Sovem fire.-- Pap 12 of 14 .WW uwaree.mm 1NS7BtNW17 HERS.ModifirdForm 30390Vol {{ 14M M IW Fen nm 11mulmon 9=5.TheCo"OdomSpore,be rup vIi i- 9 4 6 PG 0 0.8 w )Signatures an FolFowi V Pagel BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security instrument and in any Rider executed by Borrower and recorded with it. /2? (Seal) Anna K. Img Borrowcr (Prrrud ,vocal (seat) Jo D. 1014 'Borrower (Printed N-91 (Seal) -Borrower (PnbudlVOms) (Seal) -Harrvwa lP)*ld lvmasJ Certificate of Residence: i/We do hereby certify that the prccisq address of rho within named mortgagee, assignee or person entitled to interest is 155 ye. - 0-41 , 4 gl101 ,na Br: Title: P \j [Adowwtedgmern on Fo#aA*V Pagel Loan No: 123003583 Peomovanis MorWBg"b*k Fwnily-Fannk MaefFreddk Mw UNIFORM INFML`MENI' MFRS Modified Fors 30 0141 -Tux ComnjA cc SouncE. trrc.- Page 13 or td 14N M SM R.a om www amo 181`1M,N1` 0=S.T?aco.0.«soww.loc. AKA 946PG0082*-. State of 0,A § County of ' On this, the t)4day of ad7 ? before me the undersigned officer, personally aPPTed Anna K. Long and John D. Tong known to me (or satisfactorily proven) to be the person(s) whose name(s) istare subscribed to the within instrument, and acknowledged that he/shVVQ executed the same roi the purposEs thereu contained. In witness whereof, I hereunto sa my hand and official seal. NOTARIAL SEAL Lr-ITY AN BURSON. NOTARY PUBLIC OF ENOLA, CUMBERLAND COUNTY . S. (2"t a Seal) OMMISS ION EXPIRES JAN. 16, 2007 UY -co-v-, Tale of Oftictr Pauaylvenis Nortme4iogk Fatuity -THE Comm mm Source iNc- Xk-T, %109 Msdhtodk %INC UNIFORM INSTRUMENT MFRS Moaned Eons 3m evol Fne 14 of t4 14mr4 a umem 11H,1111101ml O=S.-n. C"Vr W SHAM I K. BK.1946PG0083" Performance Loan Program Loan #:123003583 (RIDER TO SECURITY INSTRUMENT AND FIXEDIADJUSTABLE RATE RIDER THIS RIDER is made this 27th day of March 2006 , and is incorporated into and shall be deemed to amend and supplement the Mortgage. Deed of Trust or Security Deed (the 'Security Instrument'), and the Fixed/Adjustable Rate Rider attached thereto, each of the same date given by the undersigned (the 'Borrower') to secure Borrowers Note to: IndyMac Bank, F.S.B., a federally chartered savings bank Warne of Lmderj of the same date and covering the Property described in the Security Instrument and located at: 3001 Mayfred Lane, Camp Rill, PA 17011 Prop" Address) ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument and Fixed/Adjustable Rate Rider, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES Section 4(C), Calculation of Changes, of the Fixed/Adjustabte Rate Rider is modified to provide that, if Borrower makes each of the first 22 payments within 30 days of the due date, as set forth In Section 3 of the Fixed/Adjustable Rate Note, the percentage points ` to be added to the Current Index as referred to in section 4(C) of the Fixed/Adjustable Rate Rider shall be reduced by 1.00 %. B. TRANSFER OF THE PROPERTY OF A BENEFICIAL INTEREST IN BORROWER Lenders obligation to permit assumption of the loan if all of the conditions of Section B, Transfer of the Property or a Beneficial Interest in Borrower, of the Fixed/Adjustable Rate Rider are met, does not arise until after the date of the first Change Date referred to in Section 4(A) of the Fixed/Adjustable Rate Rider. ?Jx t Rider for 'Performance Loan "mm- Pp t or 2 SPD 8043 84BOM was) VMV MORTGAGE FORMS . [WO)W-Mi tovoi) ?IF1946PG0084 BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this Performance Loan Program Rider to Security Instrument and Fixed/Adjustable Rate Rider. l?LS' (Sea[) Anna K. Long -s«rower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower 9 (Seal) Jo D. Ivng -BorrwAM (seal) _ean over (seal) -Borrower (Seal) -Borrower Rider for "Performance Loan Plogrsrn" SPD SM 848W22 P105) Pg02d2 10"i) ?94 6:PG0o8 5 FIXED/ADJUSTABLE RATE RIDER (LIBOR Index - Rate Caps) MIN: 100055401230035836 THIS FIXED/ADJUSTABLE RATE RIDER is made this 27th day of March, 2006 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Deed to Secure Debt (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to JndypMac Bank, F. S. B. , a federally Char t? savings bank (the "Lenderl of the same date and covering the property described in the Security Instrument and located at: 3001 Mayfred Lane, Canp Hill, PA 17011 IPMPCY Addv-1 THIS NOTE PROVIDES FOR A CHANGE IN BORROWER'SFIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agrccmcnts made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A- INTEREST RATE AND ?MONTHLY PAYMENT CHANGES The Note provides for an initial fixed interest rate of 12.250 %. The Note also provides for a change in the initial fixed rate to an adjustable interest rate, as follows: 4. INTEREST RATE AND :MONTHLY PAYMENT CRA-VGES (A) Change Dates The initial fixed interest rate I will pay will change to an adjustable interest rate on the fast day of April 2008 , and the adjustable interest rate 1 will pay may change on that day every 6th month thereafter. The date on which my initial fixed interest rate changes to an adjustable interest rate, and each date on which my adjustable interest rate could change is called a "Change Datc." Than No: 123003583 MULTISTATE FD(EDIADJUSTABLE RATE RWR(LIBORIndes) - Single Family Form 400 AIM Pape t of 4 6480254 (01134) VMP MORTGAGE FORMS - (800)521-7201 i00f ?o? 1946PC0.0.86., r (B) The Index Beginning with the first change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street laur"aL The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this cboict_ (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding seven and 500i1000tha percentage points ( 7.500 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%) Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 15.250 % or less than 9.250 °/a Thereafter, my adjustable interest rate will never be increased or decreased on any single Change Date by more than 1.000 percentage point(s) (1.000 %) from the rate of interest I have been paying for the preceding 6 months. My interest rate will never be greater than 18.250 °h. (I.) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my initial fixed interest rate to an adjustable interest rate and of any changes in my adjustable interest rate before the effective date of any change. The notice will include the amount of my monthly payment, any information required by law to be given to me and also the title and telephone number of a person who will.answer any question I may have regardingg the notice. Iran No r 123003583 84802'54 101041 Mega 2 of 4 form 4006 4101 1? le ze . QU 946PG0087; B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER 1. Until Borrowees initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section A above, Uniform Covenant IS of the Security Instrument shall read as follows: Transfer 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 ttansfemd in a bond for deed, contract for deed, installment sales coact or escrow agreement, the intent of which is the transfer of title by Borrower at it future date to a purchaser. If all or any part of the Property or any Interest in the ProEcrty is sold or transferred (or if Borrower is not a natural person and a beneficial interest i wer is sold or transferred) without Lender's prior written consent, Lender may require immediate payment -in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if 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 these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 2. When Borrower's initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section A above, Uniform Covenant 18 of the Seeunry Instrument described in Section B l above shall then cease to be in effect, and the provisions of Uniform Covenant 18 of the Security Instrument shall be amended to read as follows: Transfer 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, includin but not limited to, those beneficial interests transferred in a bond for decd, contract for deeit 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 any part of the Property or any Interest in the Property is sold or transferred for if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by. Applicable Law. Lender also shall not exercise this option if (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee' as if a new loan were being made to the transferec; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lendc?s consort to the loan assumption. Lender also may require the transfeme to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section IS within which Borrower must pay all MM254 (0104)p Page 3 of 4 Forth 400 4rot Loan No: 123003583 B.KV94 6PG0.080, sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without fwiher notice or demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Fixed/Adjustable Ratt Rider. I? ? lx-- ly (Sea1) Anm K. Lorbg 001, Burrower Loan No: 123003583 6460254 (0104) %sL Q&?n (Seal) Jo D. Ixxig -Borrower (Seal) -Borrows Page 4 of 4 (Seal) -Borrows -(Seal) -Borrower Form 4006 MOi iNtm,utnrr? _(Scat) -Borrovmr _(Seal) -Borrower `(Seal) -Borrower QK:, 1 -.9 4-6 PG 0 0 8 9f ADDENDUM TO FIXEDIADJUSTABLE RATE RIDER Loan #: 123003583 THIS ADDENDUM to the Fixed/Adjustable Rate Rider is made this 27th day of March, 2006 , and is incorporated into and shall be deemed to amend and supplement the Mortgage. Deed of Trust, or Deed to Secure Debt (the "Security Instrument') and Fixed/Adjustable Rate Rider of the same date given by the undersigned (the 'Borrower') to secure Borrowers Note to 1 xtyMaC Bank, F.S.B., a federally chartered savings bank (the 'Lender") of the same date and covering the property described in the Security Instrument and located at: 3001 Mayfred bane, Canp [ii. I, PA 17011 [Property Address] ADDITIONAL COVENANTS. In Addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: 1. Section 4(D) of the FixeWAdjustableRate Rideris modifiedas follows: The interest rate t am required to pay at the first Change Date will not be greater than 15.250 % or less than 9.250 %. Thereafter, my interest rate will never be increased or decreased on any single change Date by more than one and NO/1000ths percentage point(s) ( 1.000 i6) from the rate of interest 1 have been paying for the preceding b months. My interest rate will never be greater than 18.250 % or less than 7.500 %. ,e Y IndyMac Bank ARM Addendum to Fixed/Adjustable Rate Rider Multistate IN 11" 111101 IN 11111 Page 1 of 2 1075 8480345 (0602) VMP Mortgage Solutions, Inc. 2106 8XI 946PGO090 2. All other provisions of the Fixed/Adjustable Rate Rider are unchanged by this Addendum and remain in full force and effect Dated:3 ?22b (Seal) (Seal) Anna K. Icmg -Borrower John . Lang -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower 1 111 1075 8480345 (0602) Page 2 of 2 2106 GX-.1'9 46PG0.091 ORDER 5)65545 n . EXHIBIT A ALL THAT PARCEL OF LAND IN BOROUGH OF CAMP HILL, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 148, PAGE 879, )DAY 01-22-0533-203, BEING KNOWN AND DESIGNATED AS LOT 5, SECTION A.. PARKWAY TERRACE, FILED IN PLAT BOOK 10, PACE 23, METES AND BOUNDS PROPERTY. DEED FROM PAUL DORGAN, SINGLE AS SET FORTH IN DEED BOOK 148. PAGE 879 DATED 10/31t1996 AND RECORDED 1)/07/1996, CUMBERI.AND COUNTY RECORDS, COMJ40NWEALT11 OF PENNSYLVANIA. q I Certify this.to be recorded In Cumberland County PA r~ " Recorder of Deeds Page 2 of 9 .BK? gt? .00 ' _. z EXHIBIT `B' . ? ? V1 /ADJUSTABLE RATE NOTE (LIBOR Index - Rate Caps) RATE TE PROVIDES FOR A CHANGE IN MY FOUNT iXEDi?iNr INTEL RATE ??HANGEBAT THIS NO INTEREST ONE TIME AND ITHE MAXIMUM RATE MUST PAY. ANY ON penttsglvania Oaracpclis Iscaa) Mamh 27, 2006 [city) IDaWl 3001 MaYfred Lam ??, PA 17011 R'S PROMISE TOPAY 99,400-00 (this amount is called I BORROWE have received, to pay U.S. S ?C Bank, F,.S.B. t a federally of the Lender. The Lender is In retum for a loan that I , l p Order "Principal"), Plus interest, to the chartered savings bwk order* transfer and who is 1 will make all payments under this NOW in the form of cash. check or moneanYone who takes this Notre by transfer I understand that the Lender may transfer this Note. The Lender or entitled to receive payments under this Note is called the "Note Haider" aid. I will pay interest at a yearly 2. INTEREST Interest will be charged on unpaid principal until the full amount of Pennies rohrdance with Section 4 of this Note. i will pay rate I will pay may Chan rate g botb before and after any %. The intere of 12.250 The interest rate required by this Section 2 and Section 4 of this Note is the rate default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments malting a payment every month. May, 2046 I will pay principal and interest by of Mcb month beginning on other charges I will make my monthly payments on the first day id all of the principal and interest and any and will be I ts every month until I have paid Payment will be applied as of its scheduled due date will make these Paymen below that I may owc under this Note. Each monthly 2036 , l still owe amounts under this Note, described l applied to interest before Principal. If, on h Date." pay I will those make my amounts in full on that date, whic iscalled Cc "Bank, N F.S.B., P.O. Box 78826, Phoenix, well pay monthly Payments at lY 85062-8826 Note Holder. or at a different place if required by thc (B) Amount of :vly Initial monthly t Of U.S. S 1,041-61 This amount may change. u will be in the amoun initial monthly Payments must Each of "'Jr (C) Monthly Payment C'11209" aid dcipal of my loan ent in t and in the intcr raft accordathatnc1e with Changes in my monthly payment will reflect changer to dthe the changed amount of my monthly paymn pay, The Note Holder will determine my new interest rate and t Section 4 of this Note. 4. ADJUSTABLE i:?l'I'>;I?T RATE AND ;4IONTHLY PAYIaiENT CHANGES ' raft on the first day ofApri-, 2008 (A) Change Dates changcto an adjustable interest The date on which my The initial fixed interest rate I will pay will change r- that day every 6th month thereafter. and the adjustable interest rate I will pay interest rate changes to an adjumay an stustable interest rate, and each date on which my adjustable interest rate could c angc initial fixed is called a "Change Date." Form 4000 401 I,oan No: 123003583 MULTISTATE ?Ap,It1STABLERATE NOTE • t.ISORIko©t- SkOe Fa"* 8480247 W04) y A `iu U /VI N3N: 100055401230035836 _ORTCK.aws_immam11 (M-The Index 7eginning with the first Cbange Date, my adjustable interest rate will be based on an Index. The "Index" is the average of interbank offered rdres for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the fim business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index." If the Index is no longer available. the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this cboice. (C) Calculation of Changes Before each Change Date, the Note Holder wilt calculate my new interest rate by adding seven anal 500/1000thS percentage points ( 7.500 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-cigbth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the fast Change Date will not be greater than 15.250 % Or less than 9.250 9'9. Thereafter, my adjustable interest rate will never be increased or decreased on any single Change Date by more than 1.000 percentage point(s) (1.000 %) from the rate of interest I have been paying for the preceding ti months. My interest rate will never be greater than 18.250 %• (E) Effective Date of Changes My new interest rate will become effective on each Change Date. 1 will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my initial fixed interest rate-to an adjustable interest rate and of any changes in my adjustable interest rate before the effective date of any change. The notice will include the amount of my monthly payment, any information required by law to be given to me and also the title and telephone number of a person who will answer any questions I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time befom they am due. A payment of Principal only is known as a "Prepayment.` When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under this Note. I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase. b. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loam charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any stuns already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a dirrrct payment to me. If a refund reduces principal, the reduction will be treated as a partial Prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due. I will pay a We charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. Loan No: 123003583 8480247 (0104) Pp? Z d 4 Fonn 4000 01 0 (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if 1 do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal that has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Vote Holder's Casts and Expenses If the Note Holder has required me to pay in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. R. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforre its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS 1 and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due.. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED VOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage. Decd of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses that might result if I do not keep the promises that I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions read as follows: (A) Until my initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section 4 above, Uniform Covenant 18 of the Security Instrument shall read as follows: Transfer of the Property or a Beneficlal 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 decd, 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 any 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 consertt Lender may require immediate payment in full of all sums secured by this Security Instrument However, this option shall not be exercised by Lender if 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 these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 123003583 SM244T pA) /' k 7 (? ?7" Peps 3 014 Form 4000 IJ01 (8) When my initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section 4 above, Uniform Covenant 18 of the Security instrument described in Section I I (A) above shall then cease to be in effect. and Uniform Covenant 18 of the Security Instrument shall instead read as follows: Transfer of the Property or a Beneficial Interest is 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 any part of the Pmpcrty 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 consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, 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 Borrowcr fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security instrument without further notice or demand on Sonuwcr. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) Anna K . I,oI]g Borrower „(Seal) -Borrower &? (0 ?' (Scat) Johil D. I,orig -Borrower _ (Seal) .Borrower (Sea)) .Borrower _ (Seal) -Borrower - (Seal) (Seal) -Borrower Pay to the o-,*r of -Borrower EMC MORTGAGE CORPOPATIAM Without P ot;; ; "? [Sign Origi"I Only] Claudia Wit,' Assistant vice Preskimt 1ndyMac Bank, F S.B. Iran No: 123003583 6480247 ro,oq Papa 4 or4 Form 4t1t10 "i EXHIBIT `C' EMC Mortgage ' Corporation November 16, 2006 III?0 0 0 00 341 NII Anna K Long 3001 Mayfred Lane Camp Hill, PA 17011 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclosure. Specific information about the nature of the default is provided in the attached pages. IMPORTANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The Homeowners' Emergency Mortgage Assistance Program (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can help you you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the counseling agency. The name address, and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice. Ifyou have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (persons with impaired hearing can call 717-780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. La Notificaion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notificion obtenga una traduccion immediatamente llamando esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes ser elegible para un prestamo por el programa Ilamado "Homeowners' Emergency Mortgage Assistance Program" al cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. HOMEOWNER'S NAME: Anna K Long PROPERTY ADDRESS: 3001 Mayfred Ln Camp Hill, PA 17011 LOAN ACCOUNT NUMBER: 0003579190 CURRENT SERVICER EMC Mortgage Corporation You may be eligible for financial assistance which can save your home from foreclosure and help you make future mortgage payments if you comply with the provision of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency mortgage assistance: If your default has been caused by circumstances beyond your control, you have a reasonable prospect of being able to pay your mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency. Page two 0003579190 TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer counseling agencies listed at the end of this Notice. This meeting must occur within the next thirty (30) days. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer counseling agencies for the county in which your property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediatelyof your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a completed application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives you application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date): NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 3001 Mayfred Ln Camp Hill, PA 17011 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments from 08/01/2006: $4,166.44 (b) Late charge(s) : $156.24 (c) Other charge(s): NSF and Advances $20.00 (d) Less: Credit Balance $146.81 (e) Total amount required as of 11/15/2006: $4,195.87 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable): HOW TO CURE THE DEFAULT - You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS $4,195.87, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable to EMC Mortgage Corporation at Po Box 660530 Dallas, TX 75266-0530. Page.three 0003579190 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) days of this letter date, the lender intends to exercise its right to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the chance to pay the mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) days of the letter date, EMC Mortgage Corporation also intends to instruct their attorneys to start a legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before they begin legal proceedings against you, you will have to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees actually incurred even if they are over $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include their reasonable costs. If you cure the default within the THIRTY (30) DAY period you will not be required to pay attorneys' fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance, and all other sums due under the Mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - if you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due plus any late charges, charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such sheriffs sale could be held would be approximately five (5) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER Name of Lender: EMC Mortgage Corporation Address: Mac Arthur Ridge 11, 909 Hidden Ridge Drive, Suite 200, Irving, Texas75038 Telephone Number: 1-888-609-2379 EFFECT OF SHERIFF'S SALE - You should realize that a sheriffs sale would end your ownership of the mortgaged property. and your right to occupy it. If you continue to live in the property after the sheriffs sale, a lawsuit to remove you and your furniture and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorneys' fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT - To sell the property to obtain money to pay off the mortgage debt, or borrow money from another lending institution to pay off this debt. - To have this default cured by any third party acting on your behalf. - To have the mortgage restored to the same position as if no default had occurred. (However, you are not entitled to this right more than three times in a calendar year). - To assert the nonexistence of a default in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents. - To assert any other defense you believe you may have to such action by the lender. - To seek protection under the federal bankruptcy law. Pago-four 0003579190 EMC Mortgage Corporation is attempting to collect a debt, and any information obtained will be used for that purpose. Federal law gives you thirty days after you receive this letter to dispute the validity of this debt or any part of it. Unless you dispute the debt within that 30 day period, we will assume that it is valid. If you notify us in writing at the address above within the thirty day period that the debt, or any portion thereof, is disputed, we will: a) Provide to you verification of the debt or a copy of any judgement entered against you. b) Provide to you the name and address of your original creditor, if the original creditor is different from the current creditor. Sincerely, EMC Mortgage Corporation Mac Arthur Ridge 11, 909 Hidden Ridge Drive, Suite 200, Irving, Texas 75038 MAILING ADDRESS: P.O. Box 141358, Irving, Texas 75014-1358 Appendix B Consumer Credit Counseling Agency Notification To: Date- Name of Mortgagee: Address: In accordance with the Pennslyvania Homeowner's Emergency Mortgage Assistance Program (Act 91 of 1983), we have been approached for mortgage counseling assistance by: Name of Applicant Address Telephone Number Mortgage Loan Number Address of property on which mortgage is in default, If different from above. The counseling agency met with the above named applicant on Date Who have indicated that they are more than sixty (60) days delinquent on their mortgage payments and have received notification to foreclosure from: Name and Address of Mortgage In accordance with the Homeowner's Emergency Mortgage Assistance Program, this is to inform you that: 1. If the delinquency cannot be resolved with in the 30 day forbearance period as provided by the Servicer, the applicant listed above may apply to the Pennsylvania Housing Finance Agency for Homeowner's Emergency Mortgage Assistance. 2. By a copy of this Notice, we are notifying all other mortgagees, if any, which the applicant has indicated as also having a mortgage on the property identified above. 3. It is our understanding that the 30 day forbearance period in which we are now in ends on 4. No legal action to enforce the mortgage may occur during this forbearance period, unless procedural time limits were not met by the homeowner. " Indicates Counties Serviced JFK Center, Inc. 2021 East 20th Street Erie, PA 16510 (814) 898-0400 * Crawford, Elk, Erie, Jefferson, McKean, Venango Northern Tier Community Action Corp. P.O. Box 389 135 West 4th St. Emporium, PA 15834 (814) 486-1161 * Cameron, Elk, McKean, Potter CCCS of Western PA 1138 N. Main St. Extension Butler, PA 16001 888-511-2227 * Butter, Clarion, Jefferson, Mercer, Venango Shenango Valley Urban League, Inc. 601 Indiana Avenue Farrell, PA 16121 (724) 981-5310 * Crawford, Lawrence, Mercer CCCS of Northeastern PA 202 W. Hamilton Ave. State College, PA 16801 (814) 238-3668 * Blair, Centre, Clearfield, Clinton, Huntingdon, Juniata, Mifflin CCCS of Western PA, Inc. 217 E. Plank Road Altoona, PA 16602 888-511-2227 ` Armstrong, Bedford, Blair, Cambria, Centre, Clearfield, Huntingdon * Juniata, Mifflin, Union Huntingdon County Housing Services Weatherization Inc. 917 Mifflin Street Huntingdon, PA 16652 (814) 643-2343 * Bedford, Blair, Fulton, Huntingdon, Juniata, Mifflin CCCS of Northeastern PA 1400 Abington Executive Park Suite 1 Clarks Summitt, PA 18411 570-587-9163 * Bradford, Carbon, Columbia, Lackawanna, Lycoming, Monroe, " Montour, Northumberland, Pike, Sullivan, Tioga, Union, Wayne * Wyoming Community Action Development Comm-CADCOM 113 E Main St Norristown, PA 19401 (610) 277-6363 * Montgomery Germantown Settlement 218 W, Chelten Avenue Philadelphia, PA 19144 215-849-3104 * Bucks, Chester, Delaware, Montgomery, Philadelphia RACE 167 W. Allegheny Ave. 2nd Floor Philadelphia, PA 19140 (215) 426-8025 * Bucks, Chester, Delware, Philadelphis Housing Assoc. of Delaware Valley 658 North Watts Street Philadelphia, PA 19123 (215) 978-0224 Philadelphia Community Action Committee of the Lehigh Valley 1337 East Fifth Street Bethlehem, PA 18015 610-691-5620 * Berks, Carbon, Lehigh, Monroe, Northhampton Acorn Housing Corporation 846 North Broad Street Philadelphia, PA 19130 (215) 765-1221 * Bucks, Chester, Delaware, Montgomery, Philadelphia CCCS of Northeastern PA 201 Basin Street Suite 6 Williamsport, PA 17701 (570) 323-6627 * Centre, Clinton, Lycoming, Northumberland, Union American Credit Counseling Institute 845 Coates St. Coatesville, PA 19320 (888) 212-6741 * Bucks, Chester, Montgomery, Philadelphia American Credit Counseling Institute 530 West Street Rd Suite 201 Warminster, PA 18974 * Bucks, Montgomery, Philadelphia CCCS of Northeastern PA Genetti Towers 77 E Market Street, 7th Floor Wilkes-Barre, PA 18702 570-821-0837 Bradford, Carbon, Columbia, Lackawanna, Luzerne, Lycoming, Monroe ` Montour, Pike, Susquehanna, Sullivan, Tioga, Union, Wayne, Wyoming CCCS of Northeastern PA 411 Main Street Suite 102E Stroudsburg, PA 18360 (570) 420-8980 or 800-922-9537 ' Bradford, Carbon, Monroe, Pike, Wayne American Credit Counseling Institute 528 Dekalb Street Norristown, PA 19401 (610) 971-2210 * Montgomery The Trehab Center of Northeastern PA 10 Public Ave Po Box 366 Montrose, PA 18801 (570) 278-3338 or 1-800-982-4045 *Susquehanna * Indicates Counties Serviced Indiana Co. Community Action Program Keystone Economic Develop. Corp 827 Water Street Box 187 1954 Mary Grace Lane Indiana, PA 15701 Johnstown, PA 15901 (724) 465-2657 (814) 535-6556 * Armstrong, Cambria, Clearfield, Indiana, Jefferson * Bedford, Blair, Cambria, Clearfield, Indiana, Somerset, Westmoreland * Westmoreland Tableland Services Inc. New Life Commun Housing Devel Corp 535 East Main Street 712 Hawkins Avenue Somerset, PA 15501 Braddock, PA 15104 (814) 445-9628 - 1-800-452-0148 412-3514077 * Armstrong, Cambria, Fayette, Somerset, Westmoreland * Allegheny, Washington, Westmoreland The Trehab Center of Northeastern PA Community Action Southwest German Street PO Box 389 150 West Beau Street Suite 304 Dushore, PA 18614 Washington, PA 15301 (570) 928-9667 (724) 225-9550 * Sullivan * Washington Action Housing, Inc FOB CDC 425 6th Avenue Suite 950 1201 West Olney Avenue Pittsburgh, PA 15219 (800) 792-2801 or Philadelphia, PA 19141 (412) 391-1956 or (412) 281-2102 215-549-8755 * Allegheny, Beaver, Butler, Fayette, Greene, Washington, Westmoreland * Chester, Delaware, Philadelphia CCCS of Western PA, Inc. Pennsylvania Housing Finance Agency 90 East Chestnut Street 2275 Swallow Hill road Bldg 200 Washington, PA 15301 Pittsburgh, PA 15220 888-511-2227 (412) 429-2842 * Washington * Allegheny Community Action Southwest CCCS of Western PA 58 East Greene Street 4402 Peach Street Waynesburg, PA 15370 Erie, PA 16509 (724) 852-2893 1-888-511-2227 ext 108 * Erie County * Allegheny, Fayette, Greene, Washington, Westmoreland American Financial Counseling Svcs, Inc. Tabor Community Services, Inc. 175 Strafford Avenue, Suite One 439 E. King Street PO Box 1676 Wayne, PA 19087 Lancaster, PA 17608 800490-3039 * Delaware County (717) 397-5182 OR 1-800-788-5062 Chester, Lancaster, Lebanon CCCS of Western PA 917A Logan Blvd: Royal/Remax Plaza American Financial Counseling Services Altoona, PA 16602 906 Penn Avenue 888-511-2227 Wyomissing, PA 19610 * Cameron 610-378-5140 * Berks The Trehab Center of Northeastern PA The Enterprise Center CCCS of Western PA, Inc. 703 S. Elmer Avenue 199 Edison Street Sayre, PA 18840 Uniontown, PA 15401 (570) 888-0412 888-511-2227 * Fayette County * Bradford Bucks County Housing Group Bucks County Housing Group 349 Durham Road 470 Old Dublin Pike Penndel, PA 19047 Doylestown, PA 18901 866-866-0280 * Bucks County 866-866-0280 American Credit Counseling Institute The Trehab Center of Northeastern PA 300 North Pottstown Pike Suite 210 144 E. East Avenue Exton, PA 19341 Wellsboro, PA 16901 888-212-6741 (570) 724-5252 * Tioga County * Berks, Bucks, Montgomery * Indicates Counties Serviced APM CCCS of Delaware Valley 2147 North Sixth Street Catholic Social Services Building Philadelphia, PA 19122 7340 Jackson Street (215) 235-6788 Philadelphia, PA 19136 * Chester, Delaware, Philadelphia (215) 563-5665 ' Bucks, Philadelphia Carroll Park Community Council, Inc. 5218 Master Street Comm. Devel. Corp of Frankford Philadelphia, PA 19131 Group Ministry ' Chester, Delaware, Philadelphia 4620 Griscom Street PA 19124 Philadelphia, of Delaware Valley (21 90 One Cherry Hill Suite 215 ry Philadelphia Cherry Hill, PA 08002 (215) 563-5665 * Philadelphia Diversified Community Service Dixon House Urban League Of Pittsburgh 1920 South 20th Street Bldg. For Equal Opportunity Philadelphia, PA 19145 One Smithfield St. 215-336-3511 Pittsburgh, PA 15222 * Bucks, Chester, Delaware, Philadelphia (412) 227-4802 * Allegheny Adams County Interfaith Housing Authority CCCS of Western PA, Inc. 40 E. High St Colonial Shopping Center Gettysburg, PA 17325 970 S. George St (717) 334-1518 York, PA 17403 ' Adams, Cumberland, Franklin, York 888-511-227 * Franklin, Fulton, Lancaster, York Acorn Housing of Pittsburg 5907 Penn Avenue Suite 300 Housing Council of York Pittsburgh, PA 15206 35 South Duke Street 412-441-7240 York, PA 17401 ' Allegheny (717) 854-1541 * York CCCS of Western PA, Inc. American Red Cross of Chester River Park Commons 1729 Edgemont Avenue 2403 Sidney Street, Suite 400 Chester, PA 19013 Pittsburgh, PA 15203 (610) 874-1484 888-511-2227 * Chester, Delaware *Allegheny CCCS of Western Pennsylvania CCCS of Delaware Valley 312 Chestnut Street Suite 227 280 North Providence Road Meadville, PA 16335 Media, PA 19063 888-511-2227 (215) 563-5665 * Lawrence * Delaware Bucks County Housing Group PHFA 515 West End Boulevard 211 North Front Street Quakertown, PA 18951 Harrisburg, PA 17110 866-866-0280 800-342-2397 * Bucks * Cumberland, Dauphin CCCS of Delaware Valley Bucks County Housing Group, Inc Catholic Social Services Building 2324 Second Street Pike Suite 17 607 West Street Road Wrightstown, PA 18940 Warminister, PA 18974 866-866-0280 (215) 563-5665 ' Bucks ' Bucks The Trehab Center of Northeastern PA American Credit Counseling Institute 115 SR 92S 937 North Hanover Street Tunkhannock, PA 18657 Pottstown, PA 19460 (570) 836-6840 888-212-6741 * Berks County * Wyoming Lycom-Clntn Co Comm fo Comm Action 2138 Lincoln Street PO Box 3568 Williamsport, PA 17703 (570) 326-0587 * Centre, Clinton, Lycoming, Union Center for Family Services, Inc. 213 Center Street Meadville, PA 16335 (814) 337-8450 * Crawford, Venango American Red Cross-Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 * Adams, Franklin, York Armstrong Co Community Action Agency 124 Armsdale Road Suite 211 Kittanning, PA 16201 (724) 548-3405 * Armstrong CCCS of Western PA, Inc. 971 Third Street Beaver, PA 15009 888-511-2227 * Beaver Housing Opportunities of Beaver County 650 Corporation St. Suite 207 Beaver, PA 15009 (724) 728-7511 * Beaver, Lawrence CCCS of Delaware Valley 790 E. Market St. Suite 170 Marshall Bldg West Chester, PA 19382 (215) 563-5665 * Chester, Delaware The Trehab Center of Northeastern PA 232 Sunrise Avenue Suite Al Honesdale, PA 18431 (570) 253-8941 * Wayne Bucks County Housing Group 200 West Bridge Street Morrisville, PA 19067 866-866-0280 * Bucks American Credit Counseling Institute 21 South Church Street West Chester, PA 19380 1-888-212-6741 * Chester * Indicates Counties Serviced Housing Assoc. of Delaware Valley 1500 Walnut Street Suite 601 Philadelphia, PA 19102 (215) 545-6010 * Philadelphia Urban League of Philadelphia Tenn Penn Ctr - 1801 Market St. Suite 250 Philadelphia, PA 19103 (215) 561-6070 * Bucks, Delaware, Philadelphia Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17094 * Snyder Housing Partnership of Chester County 41 West Lancaster Ave Downingtown, PA 19335 610-518-1522 * Chester, Delaware, Montgomery Northwest Counseling Service 5001 North Broad Street Philadelphia, PA 19141 (215) 324-7500 ' Bucks, Chester, Delaware, Montgomery * Philadelphia Philadelphia Council for Commun. Action 100 North 17th Street Suite 600 Philadelphia, PA 19103 (215) 567-7803 Chester, Delaware, Montgomery, Philadelphia American Financial Counseling Services 1 Abington Plaza, Suite 403 Old York Road and Township Line Jenkintown, PA 19046 800-490-3039 * Delaware, Montgomer Booker T. Washington Center 1720 Holland Street Erie, PA 16503 (814) 453-5744 * Crawford, Erie, Warren Greater Erie Commun. Action Committee 18 West 9TH Street Erie, PA 16501 (814) 459-4581 . Crawford, Erie, Warren, Venango St. Martin Center 1701 Parade Street Erie, PA 16503 (814) 452-6113 * Crawford, Erie, Warren, Venango Warren-Forest Counties Economic Opportunity Council 1209 Pennsylvania Ave, West P.O. Box 547 Warren, PA 16365 (814) 726-2400 * Forest, Warren CCCS of Western PA 219-A College Park Plaza Johnstown, PA 15904 888-511-2227 * Cambria, Clearfield, Indiana, Somerset CCCS of Western PA, Inc. 1 North Gate Square #2 Garden Center Dr Greensburg, PA 15601 888-511-2227 ' Somerset, Westmoreloand, Washington Fayette, Greene, Indiana Center for Community Services 10241 Lincoln Highway Everett, PA 15537 (814) 623-9129 * Somerset, Blair, Bedford, Cambria * Fulton, Huntingdon CCCS of Western PA 4402 Peach Street Erie, PA 16509 1-888-511-2227 ext 108 * Crawford, Warren American Financial Counseling Services, Inc. CCCS of Lehigh Valley Huntington Co Housing Svcs. 175 Strafford Avenue, Suite One 3671 Crescent Court East Weatherization Inc. Wayne, PA 19087 Whitehall, PA 18052 917 Mifflin Street 800-490-3039 (610) 8214011 OR 1-800-220-2733 Huntingdon, PA 16652 " Bucks, Chester, Delaware, Montgomery * Berks, Bucks, Carbon, Lancaster, Lehigh (814) 643-2343 " Philadelphia * Northhampton, Schuylkill * Perry CCCS of Delaware Valley Budget Counseling Center Loveship, Inc. 1777 Sentry Parkway West 247 North Fifth Street 2320 North 5th Street Blue Bell, PA 19422 Reading, PA 19601 Harrisburg, PA 17110 (215) 563-5665 (610) 375-7866 (717) 232-2207 * Montgomery * Berks, Chester, Schuylkill * Cumberland, Dauphin, Perry CCCS of Delaware Valley Comm. on Econ Opportunity of Luzerne 1515 Market Street Suite 1325 163 Amber Lane Philadelphia, PA 19107 Wilkes-Barre, PA 18702 (215) 563-5665 (570) 826-0510 OR 1-800-822-0359 * Bucks, Delaware, Montgomery, Philadelphia * Carbon, Luzerne, Schuylkill, Wyoming Chester Community Improvement Project 412 Avenue of the States PO Box 541 Chester, PA 19016 * Chester, Delaware, Montgomery, Philadelphia Community Action Agency of Delaware County 2nd and Orange Streets Media. PA 19063 610-891-5101 * Chester, Delaware, Montgomery Schuylkill Community Action 225 N. Centre Street Pottsville, PA 17901 (570) 622-1995 . Berks, Carbon, Lebanon, Lehigh, Luzerne * Northhampton, Schuylkill CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888-511-2227 ' Adams, Cumberland, Dauphin, Franklin ' Perry, Snyder, York Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 * Adams, Cumberland, Franklin, Fulton, Perry Fayette Co. Community Action Agency Inc 137 North Beeson Avenue Uniontown, PA 15401 (724) 437-6050 OR 1-800-427-INFO * Fayette, Somerset The Trehab Center of Northeastern PA 144 E. East Avenue Wellsboro, PA 16901 (570) 724-5252 * Susequehanna EMC Mortgage Corporation November 16, 2006 7104 5400 2100 1295 9578 IIIII?0 0 0 0 5 0 389NNu John D Long 3001 Mayfred Lane Camp Hill, PA 17011 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclosure. Specific information about the nature of the default is provided in the attached pages. IMPORTANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The Homeowners' Emergency Mortgage Assistance Program (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can help you, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the counseline aeencv. The name, address, and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (persons with impaired hearing can call 717-780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. La Notificaion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notificion obtenga una traduccion immediatamente llamando esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes ser elegible para un prestamo por el programa llamado "Homeowners' Emergency Mortgage Assistance Program" al cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. HOMEOWNER'S NAME: John D Long PROPERTY ADDRESS: 3001 Mayfred Ln Camp Hill, PA 17011 LOAN ACCOUNT NUMBER: 0003579190 CURRENT SERVICER EMC Mortgage Corporation You may be eligible for financial assistance, which can save your home from foreclosure and help you make future mortgage payments if you comply with'the provision of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency mortgage assistance: If your default has been caused by circumstances beyond your control, you have a reasonable prospect of being able to pay your mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency. Page-two 0003579190 TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer counseling agencies listed at the end of this Notice. This meeting must occur within the next thirty (30) days. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer counseling agencies for the county in which your property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediatelyof your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a completed application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives you application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date): NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 3001 Mayfred Ln Camp Hill, PA 17011 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments from 08/01/2006: $4,166.44 (b) Late charge(s) : $156.24 (c) Other charge(s): NSF and Advances $20.00 (d) Less: Credit Balance $146.81 (e) Total amount required as of 11/15/2006: $4,195.87 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable): HOW TO CURE THE DEFAULT - You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS $4,195.87, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable to EMC Mortgage Corporation at Po Box 660530 Dallas, TX 75266-0530. Page three 0003579190 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) days of this letter date, the lender intends to exercise its right to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the chance to pay the mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) days of the letter date, EMC Mortgage Corporation also intends to instruct their attorneys to start a legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before they begin legal proceedings against you, you will have to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees actually incurred even if they are over $50.00. Any attorney's fees will be added to the amount you owe the lender, which may, also include their reasonable costs. If you cure the default within the THIRTY (30) DAY period you will not be required to pay attorneys' fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance, and all other sums due under the Mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due plus any late charges, charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such sheriffs sale could be held would be approximately five (5) months from the date of this Notice. A notice of the actual date of the- Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER Name of Lender: EMC Mortgage Corporation Address: Mac Arthur Ridge II, 909 Hidden Ridge Drive, Suite 200, Irving, Texas 75038 Telephone Number: 1-888-609-2379 EFFECT OF SHERIFF'S SALE - You should realize that a sheriffs sale would end your ownership of the mortgaged property. and your right to occupy it. If you continue to live in the property after the sheriffs sale, a lawsuit to remove you and your furniture and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorneys' fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT - To sell the property to obtain money to pay off the mortgage debt, or borrow money from another lending institution to pay off this debt. - To have this default cured by any third party acting on your behalf. - To have the mortgage restored to the same position as if no default had occurred. (However, you are not entitled to this right more than three times in a calendar year). - To assert the nonexistence of a default in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents. - To assert any other defense you believe you may have to such action by the lender. - To seek protection under the federal bankruptcy law. Page tour 0003579190 EMC Mortgage Corporation is attempting to collect a debt, and any information obtained will be used for that purpose. Federal law gives you thirty days after you receive this letter to dispute the validity of this debt or any part of it. Unless you dispute the debt within that 30 day period, we will assume that it is valid. If you notify us in writing at the address above within the thirty day period that the debt, or any portion thereof, is disputed, we will: a) Provide to you verification of the debt or a copy of any judgement entered against you. b) Provide to you the name and address of your original creditor, if the original creditor is different from the current creditor. Sincerely, EMC Mortgage Corporation Mac Arthur Ridge 11, 909 Hidden Ridge Drive, Suite 200, Irving, Texas 75038 MAILING ADDRESS: P.O. Box 141358, Irving, Texas 75014-1358 Appendix B Consumer Credit Counseling Agency Notification To: Date- Name of Mortgagee: Address: In accordance with the Pennslyvania Homeowner's Emergency Mortgage Assistance Program (Act 91 of 1983), we have been approached for mortgage counseling assistance by: Name of Applicant Address Telephone Number Mortgage Loan Number Address of property on which mortgage is in default, If different from above. The counseling agency met with the above named applicant on Date Who have indicated that they are more than sixty (60) days delinquent on their mortgage payments and have received notification to foreclosure from: Name and Address of Mortgage In accordance with the Homeowner's Emergency Mortgage Assistance Program, this is to inform you that: I . If the delinquency cannot be resolved with in the 30 day forbearance period as provided by the Servicer, the applicant listed above may apply to the Pennsylvania Housing Finance Agency for Homeowner's Emergency Mortgage Assistance. 2. By a copy of this Notice, we are notifying all other mortgagees, if any, which the applicant has indicated as also having a mortgage on the property identified above. 3. It is our understanding that the 30 day forbearance period in which we are now in ends on 4. No legal action to enforce the mortgage may occur during this forbearance period, unless procedural time limits were not met by the homeowner. * Indicates Counties Serviced JFK Center, Inc. 2021 East 20th Street Erie, PA 16510 (814) 898-0400 * Crawford, Elk, Erie, Jefferson, McKean, Venango Northern Tier Community Action Corp. P.O. Box 389 135 West 4th St. Emporium, PA 15834 (814) 486-1161 * Cameron, Elk, McKean, Potter CCCS of Western PA 1138 N. Main St. Extension Butler, PA 16001 888-511-2227 * Butler, Clarion, Jefferson, Mercer, Venango Shenango Valley Urban League 601 Indiana Avenue Farrell, PA 16121 (724) 981-5310 * Crawford, Lawrence, Mercer Community Action Development Comm-CADCOM 113 E Main St Norristown, PA 19401 (610) 277-6363 * Montgomery Germantown Settlement 218 W, Chelten Avenue Philadelphia, PA 19144 215-849-3104 * Bucks, Chester, Delaware, Montgomery, Philadelphia Housing Assoc. of Delaware Valley HACE 167 W. Allegheny Ave. 2nd Floor Philadelphia, PA 19140 (215) 426-8025 * Bucks, Chester, Delware, Philadelphis Inc. 658 North Watts Street Philadelphia, PA 19123 (215) 978-0224 * Philadelphia CCCS of Northeastern PA 202 W. Hamilton Ave. State College, PA 16801 (814) 238-3668 * Blair, Centre, Clearfield, Clinton, Huntingdon, Juniata, Mifflin CCCS of Western PA, Inc. 217 E. Plank Road Altoona, PA 16602 888-511-2227 Armstrong, Bedford, Blair, Cambria, Centre, Clearfield, Huntingdon Juniata, Mifflin, Union Huntingdon County Housing Services Weatherization Inc. 917 Mifflin Street Huntingdon, PA 16652 (814) 643-2343 . Bedford, Blair, Fulton, Huntingdon, Juniata, Mifflin CCCS of Northeastern PA 1400 Abington Executive Park Suite 1 Clarks Summitt, PA 18411 570-587-9163 Bradford, Carbon, Columbia, Lackawanna, Lycoming, Monroe, ' Montour, Northumberland, Pike, Sullivan, Tioga, Union, Wayne ' Wyoming CCCS of Northeastern PA Genetti Towers 77 E Market Street, 7th Floor Wilkes-Barre, PA 18702 570-821-0837 Bradford, Carbon, Columbia, Lackawanna, Luzeme, Lycoming, Monroe Montour, Pike, Susquehanna, Sullivan, Tioga, Union, Wayne, Wyoming CC CS of Northeastern PA 411 Main Street Suite 102E Stroudsburg, PA 18360 (570) 420-8980 or 800-922-9537 * Bradford, Carbon, Monroe, Pike, Wayne Community Action Committee of the Lehigh Valley 1337 East Fifth Street Bethlehem, PA 18015 610-691-5620 * Berks, Carbon, Lehigh, Monroe, Northhampton Acorn Housing Corporation 846 North Broad Street Philadelphia, PA 19130 (215) 765-1221 * Bucks, Chester, Delaware, Montgomery, Philadelphia CCCS of Northeastern PA 201 Basin Street Suite 6 Williamsport, PA 17701 (570) 323-6627 * Centre, Clinton, Lycoming, Northumberland, Union American Credit Counseling Institute 845 Coates St. Coatesville, PA 19320 (888) 212-6741 * Bucks, Chester, Montgomery, Philadelphia American Credit Counseling Institute 530 West Street Rd Suite 201 Warminster, PA 18974 * Bucks, Montgomery, Philadelphia American Credit Counseling Institute 528 Dekalb Street Norristown, PA 19401 (610) 971-2210 * Montgomery The Trehab Center of Northeastern PA 10 Public Ave Po Box 366 Montrose, PA 18801 (570) 278-3338 or 1-800-982-4045 *Susquehanna Indicates Counties Serviced Indiana Co. Community Action Program Keystone Economic Develop. Corp 827 Water Street Box 187 1954 Mary Grace Lane Indiana, PA 15701 Johnstown, PA 15901 (724) 465-2657 (814) 535-6556 ' Armstrong, Cambria, Clearfield, Indiana, Jefferson . Bedford, Blair, Cambria, Clearfield, Indiana, Somerset, Westmoreland ` Westmoreland Tableland Services Inc. New Life Commun Housing Devel Corp 535 East Main Street 712 Hawkins Avenue Somerset, PA 15501 Braddock, PA 15104 (814)445-9628-1-800-452-0148 412-351-4077 ` Armstrong, Cambria, Fayette, Somerset, Westmoreland ' Allegheny, Washington, Westmoreland The Trehab Center of Northeastern PA Community Action Southwest German Street PO Box 389 150 West Beau Street Suite 304 Dushore, PA 18614 Washington, PA 15301 (570) 928-9667 (724) 225-9550 ` Sullivan ` Washington Action Housing, Inc FOB CDC 425 6th Avenue Suite 950 1201 West Olney Avenue Pittsburgh, PA 15219 (800) 792-2801 or Philadelphia, PA 19141 (412) 391-1956 or (412) 281-2102 215-549-8755 ` Allegheny, Beaver, Butter, Fayette, Greene, Washington, Westmoreland ` Chester, Delaware, Philadelphia CCCS of Western PA, Inc. Pennsylvania Housing Finance Agency 90 East Chestnut Street 2275 Swallow Hill road Bldg 200 Washington, PA 15301 Pittsburgh, PA 15220 888-.511-2227 (412) 429-2842 ` Washington *Allegheny Community Action Southwest CCCS of Western PA 58 East Greene Street 4402 Peach Street Waynesburg, PA 15370 Erie, PA 16509 (724) 852-2893 1-888-511-2227 ext 108' Erie County ` Allegheny, Fayette, Greene, Washington, Westmoreland American Financial Counseling Svcs, Inc. Tabor Community Services, Inc. 175 Strafford Avenue, Suite One 439 E. King Street PO Box 1676 Wayne, PA 19087 Lancaster, PA 17608 800-490-3039 ' Delaware County (717) 397-5182 OR 1-800-788-5062 ` Chester, Lancaster, Lebanon CCCS of Western PA . 917A Logan Blvd: Royal/Remax Plaza American Financial Counseling Services Altoona, PA 16602 906 Penn Avenue 888-511-2227 Wyomissing, PA 19610 ` Cameron 610-378-5140 " Berks The Trehab Center of Northeastern PA The Enterprise Center CCCS of Western PA, Inc. 703 S. Elmer Avenue 199 Edison Street Sayre, PA 18840 Uniontown, PA 15401 (570) 888-0412 888-511-2227' Fayette County ` Bradford Bucks County Housing Group Bucks County Housing Group 349 Durham Road 470 Old Dublin Pike Penndel, PA 19047 Doylestown, PA 18901 866-866-0280 ` Bucks County 866-866-0280 American Credit Counseling Institute The Trehab Center of Northeastern PA 300 North Pottstown Pike Suite 210 144 E. East Avenue Exton, PA 19341 Wellsboro, PA 16901 888-212-6741 (570) 724-5252 - Tioga County " Barks, Bucks, Montgomery ' Indicates Counties Serviced APM CCCS of Delaware Valley Lycom-Clntn Co Comm fo Comm Action 2147 North Sixth Street Catholic Social Services Building 2138 Lincoln Street PO Box 3568 Philadelphia, PA 19122 7340 Jackson Street Williamsport, PA 17703 (215) 235-6788 Philadelphia, PA 19136 (570) 326-0587 ` Chester, Delaware, Philadelphia (215) 563-5665 ' Centre, Clinton, Lycoming, Union ' Bucks, Philadelphia Carroll Park Community Council, Inc. Center for Family Services, Inc. 5218 Master Street Comm. Devel. Corp of Frankford 213 Center Street Philadelphia, PA 19131 Group Ministry Meadville, PA 16335 " Chester, Delaware, Philadelphia 4620 Griscom Street (814) 337-8450 CCCS of Delaware Valley Philadelphia, PA 19124 ' Crawford, Venango One Cherry Hill Suite 215 (215) 744-2990 ` Philadelphia American Red Cross-Hanover Chapter Cherry Hill, PA 08002 529 Carlisle Street (215) 563-5665 ` Philadelphia Diversified Community Service Hanover, PA 17331 Urban League Of Pittsburgh Dixon House (717) 637-3768 Bldg. For Equal Opportunity 1920 South 20th Street ' Adams, Franklin, York Philadelphia, PA 19145 One Smithfield St. 215-336-3511 Armstrong Co Community Action Agency Pittsburgh, PA 15222 ' Bucks, Chester, Delaware, Philadelphia 124 Armsdale Road Suite 211 (412) 227-4802 ' Allegheny Kittanning, PA 16201 CCCS of Western PA Inc Adams County Interfaith Housing Authority (724) 548-3405 , . Colonial Shopping Center 40 E. High St Gettysburg, PA 17325 ' Armstrong 970 S. George St (717) 334-1518 CCCS of Western PA, Inc. York, PA 17403 ' Adams, Cumberland, Franklin, York 971 Third Street 888-511-227 Beaver, PA 15009 ` Franklin, Fulton, Lancaster, York Acorn Housing of Pittsburg 888-511-2227 Housing Council of York 5907 Penn Avenue Suite 300 ' Beaver Pittsburgh, PA 15206 35 South Duke Street 412-441-7240 Housing Opportunities of Beaver County York, PA 17401 • Allegheny 650 Corporation St. Suite 207 (717) 854-1541 ' York Beaver, PA 15009 American Red Cross of Chester CCCS of Western PA, Inc. (724) 728-7511 River Park Commons ' Beaver, Lawrence 1729 Edgemont Avenue 2403 Sldney Street, Suite 400 Chester, PA 19013 Pittsburgh, PA 15203 CCCS of Delaware Valley (610) 874-1484 888-511-2227 790 E. Market St. Suite 170 Marshall Bldg ' Chester, Delaware ` Allegheny West Chester, PA 19382 CCCS of Western Pennsylvania CCCS of Delaware Valley (215) 563-5665 ' Chester Delaware 312 Chestnut Street Suite 227 280 North Providence Road , Meadville, PA 16335 Media, PA 19063 The Trehab Center of Northeastern PA 888-511-2227 (215) 563-5665 232 Sunrise Avenue Suite Al ` Lawrence ' Delaware Honesdale, PA 18431 Bucks County Housing Group PHFA (570) 253-8941 ' Wayne 515 West End Boulevard 211 North Front Street Quakertown, PA 18951 Harrisburg, PA 17110 Bucks County Housing Group 866-866-0280 800-342-2397 200 West Bridge Street ' Bucks ` Cumberland, Dauphin Morrisville, PA 19067 CCCS of Delaware Valley Bucks County Housing Group, Inc 866-866-0280 ' Bucks Catholic Social Services Building 2324 Second Street Pike Suite 17 607 West Street Road Wrightstown, PA 18940 American Credit Counseling Institute Warminister, PA 18974 866-866-0280 21 South Church Street (215) 563-5665 ` Bucks West Chester, PA 19380 ` Bucks 1-888-212-6741 American Credit Counseling Institute The Trehab Center of Northeastern PA ' Chester 937 North Hanover Street 115 SR 92S Tunkhannock, PA 18657 Pottstown, PA 19460 (570) 836-6840 888-212-6741 ' Berks County ' Wyoming * Indicates Counties Serviced Housing Assoc. of Delaware Valley 1500 Walnut Street Suite 601 Philadelphia, PA 19102 (215) 545-6010 * Philadelphia Urban League of Philadelphia Tenn Penn Ctr - 1801 Market St. Suite 250 Philadelphia, PA 19103 (215) 561-6070 * Bucks, Delaware, Philadelphia Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17094 * Snyder Housing Partnership of Chester County 41 West Lancaster Ave Downingtown, PA 19335 610-518-1522 * Chester, Delaware, Montgomery Northwest Counseling Service 5001 North Broad Street Philadelphia, PA 19141 (215) 324-7500 * Bucks, Chester, Delaware, Montgomery Philadelphia Philadelphia Council for Commun. Action 100 North 17th Street Suite 600 Philadelphia, PA 19103 (215) 567-7803 * Chester, Delaware, Montgomery, Philadelphia American Financial Counseling Services 1 Abington Plaza, Suite 403 Old York Road and Township Line Jenkintown, PA 19046 800-490-3039 * Delaware, Montgomer Booker T. Washington Center 1720 Holland Street Erie, PA 16503 (814) 453-5744 * Crawford, Erie, Warren Greater Erie Commun. Action Committee 18 West 9TH Street Erie, PA 16501 (814) 4594581 * Crawford, Erie, Warren, Venango St. Martin Center 1701 Parade Street Erie, PA 16503 (814) 452-6113 * Crawford, Erie, Warren, Venango Warren-Forest Counties Economic Opportunity Council 1209 Pennsylvania Ave, West P.O. Box 547 Warren, PA 16365 (814) 726-2400 * Forest, Warren CCCS of Western PA 219-A College Park Plaza Johnstown, PA 15904 888-511-2227 * Cambria, Clearfield, Indiana, Somerset CCCS of Western PA, Inc. 1 North Gate Square #2 Garden Center Dr Greensburg, PA 15601 888-511-2227 * Somerset, Westmoreloand, Washington * Fayette, Greene, Indiana Center for Community Services 10241 Lincoln Highway Everett, PA 15537 (814) 623-9129 " Somerset, Blair, Bedford, Cambria ' Fulton, Huntingdon CCCS of Western PA 4402 Peach Street Erie, PA 16509 1-888-511-2227 ext 108 * Crawford, Warren American Financial Counseling Services, Inc. CCCS of Lehigh Valley Huntington Co Housing Svcs. 175 Strafford Avenue, Suite One 3671 Crescent Court East Weatherization Inc. Wayne, PA 19087 Whitehall, PA 18052 917 Mifflin Street 800-490-3039 (610) 821-4011 OR 1-800-220-2733 Huntingdon, PA 16652 " Bucks, Chester, Delaware, Montgomery * Berks, Bucks, Carbon, Lancaster, Lehigh (814) 643-2343 * Philadelphia * Northhampton, Schuylkill * Perry CCCS of Delaware Valley Budget Counseling Center Loveship, Inc. 1777 Sentry Parkway West 247 North Fifth Street 2320 North 5th Street Blue Bell, PA 19422 Reading, PA 19601 Harrisburg, PA 17110 (215) 563-5665 (610) 375-7866 (717) 232-2207 * Montgomery * Berks, Chester, Schuylkill * Cumberland, Dauphin, Perry CCCS of Delaware Valley Comm. on Econ Opportunity of Luzerne Maranatha 1515 Market Street Suite 1325 163 Amber Lane 43 Philadelphia Avenue Philadelphia, PA 19107 Wilkes-Barre, PA 18702 Waynesboro, PA 17268 (215) 563-5665 (570) 826-0510 OR 1-800-822-0359 (717) 762-3285 * Bucks, Delaware, Montgomery, Philadelphia * Carbon, Luzeme, Schuylkill, Wyoming * Adams, Cumberland, Franklin, Fulton, Perry Chester Community Improvement Project 412 Avenue of the States PO Box 541 Chester, PA 19016 * Chester, Delaware, Montgomery, Philadelphia Community Action Agency of Delaware County 2nd and Orange Streets Media, PA 19063 610-891-5101 * Chester, Delaware, Montgomery Schuylkill Community Action Fayette Co. 225 N. Centre Street Community Action Agency Inc Pottsville, PA 17901 137 North Beeson Avenue (570) 622-1995 Uniontown, PA 15401 Berks, Carbon, Lebanon, Lehigh, Luzerne (724) 437-6050 OR 1-800-427-INFO Northhampton, Schuylkill * Fayette, Somerset CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888-511-2227 * Adams, Cumberland, Dauphin, Franklin Perry, Snyder, York The Trehab Center of Northeastern PA 144 E. East Avenue Wellsboro. PA 16901 (570) 724-5252 * Susequehanna VERIFICATION The undersigned hereby states that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. stant Secretary EMC Mortgage Corporation R ? h ?? ca ? ?7tT' - 77 C co SHERIFF'S RETURN - REGULAR CASE NO: 2007-00663 P CJMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EMC MORTGAGE CORPORATION VS LONG JOHN D ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LONG JOHN D AKA JOHN DAVID LONG the DEFENDANT at 1117:00 HOURS, on the 6th day of February 2007 at 3001 MAYFRED LANE CAMP HILL, PA 17011 ANNA LONG by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 13.20 Affidavit .00 .7 Surcharge 10.00 R. Thomas Kline .00 41.20/ 02/07/2007 01 GREGORY JAVARDIAN a'?Spr?b Sworn and Subscibed to By: //--? - before me this day Deputy Sheriff of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-00663 P CSMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EMC MORTGAGE CORPORATION VS LONG JOHN D ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LONG ANNA K AKA ANNA KAREN LONG the DEFENDANT at 1117:00 HOURS, on the 6th day of February-, 2007 at 3001 MAYFRED LANE CAMP HILL, PA 17011 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 Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 R. Thomas Kline .00 16.00? 02/07/2007 01 GREGORY JAVARDIAN Sworn and Subscibed to 0 By: / before me this day Deputy S eriff of A.D. LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ATTORNEY FOR PLAINTIFF EMC Mortgage Corporation Plaintiff vs. John D. Long a/k/a John David Long Anna K. Long a/k/a Anna Karen Long Defendants Court Of Common Pleas Civil Division Cumberland County No. 2007-00663 PRAECIPE TO DISMISS COMPLAINT WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly DISMISS, without prejudice, the Complaint in Mortgage Foreclosure filed in the instant action on February 2, 2007. Date: 11/25/08 G OR IAN Att mey for P ' 'ff y.....} ?.µ 4 ^^) 7 ??.? 3 n...A 1 ?"'Y`f "" ?"'p t'V ? ?i ?.,.. W.?k e.7 .. ' .1 ?.?i