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HomeMy WebLinkAbout07-1026THE LAW OFFICES OF BARBARA A. FEIN, P.C. File No. 07-14211 Barbara A. Fein / I.D. No. 53002 Kristen D. Little / I.D. No. 79992 Jacqueline F. McNally / I.D. No. 201332 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff HSBC BANK USA, National Association, as trustee, on behalf of the holders of the Nomura Home Equity Loan, Inc. Asset-Backed Certificates Series 2005-HEI, Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. (2 l U L C, 1 ?1L. V. AMELIA WEAVER AND GREGORY WEAVER, Defendants. CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED W COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WTfHIN TWENTY (20) DAYS AFTER THIS COMPLAINT ANDNOTICE ARE SERVED,BYENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LASE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE (20) DIAS DE PLAZO A PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE SUS DEFENSAS O SUS OBJECIONES ALAS DEMANDAS ENCONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION O POR CUALQIER QUEJA O ALIVIO QUE ESPEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO, SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. 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 WTIHINFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Refen-al Service (717) 249-3166 Cumberland County Liar Association (800) 990-9108 32 South Bedford Street Carlisle, P A 17013 LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE PARA PAGAR TAL SERVICIO, VAYA EN PERSONA 0 L1.AME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE USTED PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service (717) 249-3166 Cumberland County Bar Association (800) 990-9108 32 South Bedford Street Carlisle, P A 17013 NOTICE REQUIRED UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1601 (AS AMENDED) AND THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA. CON. STAT. ANN. § 201, ET SEQ. ("THE ACTS") To the extent the Acts may apply, please be advised of the following: The amount of the original debt is stated in the Complaint attached hereto. 2. The Plaintiff who is named in the attached Complaint and/or its loan servicing agents are Creditors to whom the debt is owed. 3. The debt described in the Complaint attached hereto and evidenced by the copies of the mortgage and note will be assumed to be valid by the Creditor's law firm, unless the Debtors/Mortgagors, within thirty days after receipt of this notice, dispute, in writing, the validity of the debt or some portion thereof. 4. If the Debtors/Mortgagors notify the Creditor's law firm in writing within thirty days of the receipt of this notice that the debt or any portion thereof is disputed, the Creditor's law firm will obtain verification of the debt and a copy of the verification will be mailed to the Debtor by the Creditor's law firm. 5. If the Creditor who is named as Plaintiff in the attached Complaint is not the original Creditor, and if the Debtor/Mortgagor makes written request to the Creditor's law firm within thirty days from the receipt of this notice, the name and address of the original Creditor will be mailed to the Debtor by the Creditor's law firm. 6. Written request should be addressed to: THE LAW OFFICES OF BARBARA A. FEIN, P.C. Attention: Kristen D. Little, Esquire 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 *THIS LETTER MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE 1. (a) The Plaintiff, HSBC Bank USA, National Association, as trustee, on behalf of the holders of the Nomura Home Equity Loan, Inc. Asset-Backed Certificates Series 2005-HE I, is the holder of a mortgage as below described. (b) Select Portfolio Servicing, Inc., is a corporation having been organized under the laws of the State of Utah and having its principal place of business at 3815 South West Temple, Salt Lake City, UT 84115. (c) Select Portfolio Servicing, Inc. is the loan servicing agent for Plaintiff, maintaining the business records for the Plaintiff/ Mortgagee in the ordinary course and scope of business. 2. (a) Defendant Amelia Weaver is an individual whose last known address is 223 Bosler Avenue, 1 st Floor, Lemoyne, PA 17043. (b) Defendant Gregory Weaver is an individual whose last known address is 303 Gettysburg Pike, Mechanicsburg, PA 17055. (c) Defendant Amelia Weaver holds an interest in the subject property as both a Real Owner and Mortgagor. (d) Defendant Gregory Weaver holds an interest in the subject property as both a Real Owner and Mortgagor. (e) If either of the above named Defendants are deceased, this action shall proceed against the deceased Defendant's heirs, assigns, successors, administrators, personal representatives and/or executors through the estate whether the estate is probated. 3. (a) The residential mortgage being foreclosed upon is secured by property located at 303 Gettysburg Pike, within the Upper Allen Township, Cumberland County, Pennsylvania. (b) All documents evidencing the residential mortgage have been recorded in the Recorder of Deeds' Office in Cumberland County, Pennsylvania. (c) The Mortgage was executed on April 15, 2005 and was recorded on April 21, 2005 in Mortgage Book 1904, at Page 1103. (d) The legal description for this parcel is attached and incorporated as Exhibit "A" (Mortgaged Premises). (e) The herein named Plaintiff has standing to bring the instant action by virtue of Assignments of Mortgage, duly and publicly recorded as below: Assignor: New Century Mortgage Corporation Assignee: HSBC Bank USA, National Association, as trustee, on behalf of the holders of the Nomura Home Equity Loan, Inc. Asset-Backed Certificates Series 2005-HE 1 Recording Date: As Recorded (Assignment) Book: As Recorded At Page: As Recorded (fl By virtue of Pennsylvania Rules of Civil Procedure Rule 1147 (1) and 1019(g), and on the basis of environmental responsibility, Plaintiff is not obliged to append copies of the above mentioned publicly recorded documents to this mortgage foreclosure action. These documents are, however, appended hereto and incorporated herein by reference as Exhibit "B". 4. The mortgage is in default because the Defendants above named failed to timely tender the monthly payment of $973.36 on October 1, 2006, and thereafter failed to make the monthly payments. 5 accelerated. As authorized under the mortgage instrument, the loan obligation has been 6. Plaintiff seeks entry of judgment in rem on the following sums: (a) Principal balance of mortgage due and owing $106,630.27 (b) Interest due and owing at the rate of 7.60% $3,525.86 calculated from the default date above stated through February 8, 2007 Interest will continue to accrue at the per diem rate of $22.11 through the date on which judgment in rem is entered in Plaintiffs favor. (c) Late Charges due and owing under the Note $38.11 in accordance with the Mortgage Instrument (d) Escrow Advances made by Plaintiff Mortgagee on $876.07 behalf of Defendant mortgage account (e) Non-Sufficient Fund Charges (NSF) $20.00 (fl Court Costs and fees as recoverable under the mortgage terms, estimated 300.00 (g) Attorneys' fees $5,331.51 Calculated as 5% of the principal balance due, in accordance with the mortgage terms TOTAL INREM JUDGMENT SOUGHT BY PLAINTIFF $116,721.82 7. (a) The attorneys' fees set forth as recoverable at Paragraph 6(g) are in conformity with Pennsylvania law and the terms of the mortgage, and will be collected in the event of a third- party purchaser at a Sheriffs Sale only. (b) If the mortgage arrears are to be reinstated or paid-off prior to the Sheriffs Sale, Plaintiff s actual attorneys' fees (calculated at counsel's hourly rate) will be charged based upon work actually performed. 8. (a) The original principal balance of the Mortgage is more than Fifty Thousand ($50,000.00) Dollars. (b) Under ACT 6, 41 P. S. §101, et seq., Plaintiff Mortgagee is not obliged to serve Notice of its Intention to Accelerate the Mortgage by certified mailing prior to its instituting foreclosure proceedings. 9. (a) The subject mortgage is governed by ACT 91 of 1983 35 P.S. § 1840.401 C, et seq.. (b) Under Pennsylvania's ACT 91, Plaintiff Mortgagee is obligated to serve the Defendants with notice of their rights under the "Homeowners Emergency Mortgage Assistance Program", by regular mailing, prior to initiating foreclosure proceedings. (c) Appended hereto and incorporated herein by reference as Exhibit "C" are copies of the Notices required, having been sent on the date set forth on the Notice. (d) The Defendants have failed to make a timely application for financial assistance with the Pennsylvania Housing Finance Agency. WHEREFORE, the Plaintiff, HSBC Bank USA, National Association, as trustee, on behalf of the holders of the Nomura Home Equity Loan, Inc. Asset-Backed Certificates Series 2005-HE1, demands: -- Entry of Judgment In Rem against the Defendants above named in the total amount of $116,721.82 as stated Paragraph 6, plus all additional interest and late charges accruing through date of judgment entry; and -- Foreclosure and Sheriffs Sale of the subject mortgaged property. Respectfully Submitted, THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: „?-- Barbara A. Fein, Esquire Attorney for Plaintiff Attorney I.D. No. 53002 ALL THAT CERTAIN parcel of land, together with the improvements thereon erected, situate in the Township of Upper Allen, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the Southern side of the Gettysburg Pike (formerly Pennsylvania State Highway Traffic Route No. 15), at other lands of C. Arthur Huntsberger and Leila Irene Huntsberger, his wife, said point being 302.4 feet East of the Eastern side of Bumblebee Hollow Road; thence along the Gettysburg Pike, North 34 degrees 15 minutes East, 90.5 feet to a point at lands now or late of Martin R. Bowman and Hennie R. Bowman, his wife; thence along said last mentioned lands, South 38 degrees 05 minutes East, 250.0 feet to lands now or formerly of Laban Zimmerman; thence along said last mentioned lands, South 55 degrees 15 minutes West 63.75 feet to other lands now or formerly of C. Arthur Huntsberger and Leila Irene Huntsberger, his wife; thence along said last mentioned lands, North 43 degrees 35 minutes West, 220.5 feet to the Southern side of the Gettysburg Pike, aforesaid, the point and place of beginning. CONTAINING 0.40 acres. HAVING thereon erected a single family residence presently known and numbered as 303 Gettysburg Pike, Mechanicsburg, Pennsylvania 17055. Tax Parcel #42-28-2419-047 TITLE TO SAID PREMISES IS VESTED IN Gregory Weaver and Amelia Weaver, his wife by Deed from Timothy P. Evans, Executor of the Last Will and Testament of Loma R. Evans, late, dated 3/23/2005 and recorded 4/21/2005 in Record Book 268, Page 2524. EX IT certired rrue Co. Prepared By. New Century Mortgage Corporation 18400 Von Karman, Suite 1000, Irvine, CA 92612 800-967-7623 Rcturn To; New Century Mortgage Corporation 18400 Von Karman, 5uite 1000 Irvine, CA 92612 800-967-7623 Parcol Number: 42.28.2419.047 DEFINITIONS this to we to teb :erne otial.a trw 94 cor[ect y 13y:. 1Vew Cculury lviortgag? C'muratiort - -ISPece Above Tbir f,hte For Recording MORTGAGE Words used in multiple suctions of this document are defined below and other words are defnW in Sections 3, 11, 13, 18, 20 and 2.1- Urtalt) rules regarding the usage of words used in this document are also provided in Section 16. (A) "Smurity Instrument" means this document, which is dated April 15, 2005 together with all Riders to this document. (B) "Borrower" is Gregory Weaver and Ame1 i a Weaver Borrower is the mortgagor under Ibis Security Instrument. (C)"Lender"is New Century Mortgage Corporation Lenderisa Corporation PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT -G(PA) 104071.01 P.V. I a1 le Iry? VMP Mortoepe Salutiom, Inc. 1600162107201 443 BIT 1001514187 Form 3039 1101 organized and existing under the laws of C a 11 for n i a Lcnder'saddress is 18400 Von Karman, Suite 1000, Irvine, CA 92612 Lender is the mortgagee under ibis Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated Apri 1 15 , 2005 The Note states that Borrower owes Under ONE HUNDRED SEVEN THOUSAND NINE HUNDRED FIFTY AND 00/100 Dollars (U.S. $ 107, 950.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than May 1, 2035 (E) "Property" means the property that is described below under the heading "Transfer of Rigbts in the Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]; Adjustable Rate Rider Condominium Rider ? Second Home Rider Balloon Rider Planned Unit Development Rider 0 1-4 Family Rider V A Rider L? Biweekly Payment Rider ® Other(s) [specify] Prepayment Rider ARM Rider Addendum (H) "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, nun-appealable, judicial opinions. (I) "Community Association Duos, Fees, and Assessments" means all dues, fees, assessments and other charges that areimposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (,n "Rectronic 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 instnunent, 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, u-ansfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (Ks "escrow Items" means those items that are described in Section 3. (L) "Mbeellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under lute coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) conilcimation or other taking of all or any part of the Property; (iii) eniiveyonce in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the. Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periudic 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, 1001514187 et-e4PA)104071.01 P.a. 2W 15 _ Form 3039 1101 (O) "RESPA" means the Real Rstatc Settlcment Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to (line, or any additional or successor legislation or regulation that governs the sane: 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 Goan does not qualify as a "federally related mortgage loan" under RFSPA. (P) "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 Inatnenent. TRAKSPER OF RIGHTS 1N THR PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note. and (it) the perfomtance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Under the following described property located in the County [Type of Recording Jurisdiction[ of Cumberland [Name of Recording Jurisdiction): See Legal Description Attached Hereto and Made a Part Hereof which currently has the address of 303 Gettysburg Pi ke Mechanicsburg Istroetl ("Properly Address"): [City[, Pennsylvania 17055 fZip Cude[ TOGETHER WITH all the improvements now or hereafter erected on the property, and all casements, appurtenances, and flxnuts now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property," 1601514187 ,R-MPAi tn4mi of tut P.D. 3 "t 1 t' Form 3039 1101 EXHIBIT "A" ALL THAT CERTAIN tract of land situated in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern side of Pennsylvania State Highway Traffic Route No. 15, at other lands of C. Arthur Huntsberger and Leila Irene Huntsberger, his wife, said point being 302.4 feet East of the eastern side of the Bumblebee Hollow Road; thence along Pennsylvania State Highway Traffic Route No. 15, North 34 degrees 15 minutes Bast, 90.5 feet to a point at lands now or formerly of Martin B. Bowman and Heimie R. Bowman, his wife; thence along said last mentioned lands, Smith 38 degrees 05 minutes East, 250 feet to lands now or formerly of Laban Zimmerman; thence along said last mentioned lands, South 65 degrees 15 minutes West, 63.75 feet to other lands now or formerly of C. Arthur Huntsberger and Leila Irene Huntsberger, his wife; thence along said last mentioned lands, North 43 degrees 35 minutes West, 220.5 feet to the southern side of Pennsylvania State Highway Traffic Route No. 15, the place of BEGINNING. CONTAINING 40/100 of an acre. BORROWER COVENANTS that Borrower is ]awfully seised of the agitate hereby conveyed and has the right to mortgage, grant and convey the Property and (list the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Properly 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 jw•isdiction 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, anti 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 clue under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments duc 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, Lentier may require that any or all subsequent payments due under the Nnte and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (h) 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, iu'strumentality, 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. Lcodcr may return any payment or partial payment If the payment or partial payments are insufficient to bring the Loan current. Lender may auzpt 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 Larder is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as or its scheduled due date, then Lender need not pay interest on unapplied fiends. Lender may ]told 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 retuiri thorn to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note inumediately prior to foreclosure. No offset or claim which Borrower might have now or in the fimire against Lender shall relieve Borrower from making payments due under die Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Applicu4un or Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Ltuder shall by applied in die following order of priority: (a) interest duc under the Ndte; (b) principal dot under the Note; (e) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the ostler 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, due 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 100114187 uxr ( yj•61PAI 104071.01 png? d nl 19 Form 3039 1101 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 late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in die Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due dale, or change the amount, of the Periodic Payments. 3. Fundy for Escrow Items. Borrower shall pay to Lender on the day Periodic: Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other Items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender wider Section 5; 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 Dues, Fees, and Assessments, if any, be escrowed by Burrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Hot-rower's obligation to pay the Funds for any or all Escrow Items, Lender may waive Borrower's obligations to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Punds has been waived by Lender and, if Tender requires, shall 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 Uren be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow hems at any time by a nntice 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 t1unds 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 ]ender can require under RE-SPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures or future lrscrow 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 sn insured) or in any Federal Ifome Loan Hank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under REiSPA. 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 and Lender can agree in writing, however, that interest 1001514187 0-aIPA) (040701 Inht?T r .y.swre Form 3o39 1/o1 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RRSPA. If there is a surplus of Funds held in escrow, as defined under RF,SPA, 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, Lander shall notify Borrower m required by RESPA, and Borrower shall pay to Lender the amount nccrssary 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 RRSPA, and Borrower shall pay to Lender the amount necessary to make up die deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Itstrument, 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, luasehold payments or ground rents on the property, if any, and Community Association Dues, Fees, and Assessments, if any. To lha 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) contests 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 licit while those proceedings are pending, but only until. such proceedings are concluded; or. (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Larder may give Borrower a notice identifying flue lien. Within 10 days of the date on which that notice is given, Burrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4, Lender [nay 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. S. Property'lnsurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within die teri n "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintaixiod 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 tine 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. s 1 1001514187 -etPA) utlnp.nY Pope a of to Form 3039 1101 If Burrower faits to maintain any of the coverages described above, !.ender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, himard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that die 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 seemed by this Severity 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 sucli 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 shalt 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 murlgagec and/or as an additional loss payee. In the event.of loss, Borrower shall give prompt notice to the insurance carrier slid 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 economically feasible and Lender's security;is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. 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, Unless an agreement is made In writing or Applicable Law requires interest to be paid on such insurance pmceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or otber 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 Nils Security Instnmtent, whether or not then due, with the excess, if any, paid to Bnrrnwer. Such insurance proceed,% shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. 'llie 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to 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 policies 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 die Property or to pay amounts unpaid tinder the Note or this Security Instrument, whether or not theta due. 1001514187 It 0? - •61PA) (04071.01 P.V. 7.1 ie 4U Form 3039 1101 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender ollttzwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall lint destroy, damage or impair the Property, allow the Property to deteriorate or commit warty 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 clue to its condition. Unless it is determined pursuant to Section 5 that repair or restoration Is nut economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage, If insurance or condemnation proceeds arc 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 disbnrsc 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 reasonable 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 (lie time of or prior to such an interior inspection specifying such reasonable cause. It. Borrower's Loon Application. Borrower shall be in default if, during the Loan application proc:cus, 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 Wed 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 Properly as Borrower's principal residence. 9. Protection of Leader's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower falls to perform the covenants and agreements c4muined In this Security Instrument, (b) there is a legal proceeding that might significantly affect Lendcr's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for cnfurcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), 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 wider this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Leader'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 hstrument, 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 tinder this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. 1001514187 wl?, IMI' yip P(PA) 104011,91 Payn 9 r to Form a039 1101 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument, These amounts shall bear iuterest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instn7mcnt 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. 10. Mortgage Insurance. If Lender required Mortgage insurance as a condition of making the Loan, Borrower shall pay the premiums required 47 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 instuance and Borrower was required to [Hake separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay die premiums required to obtain coverage substantially equivalent to [lie 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 fuss reserve payments if Mortgage Insurance coverage (in the amount acid for the period that Lender requires) provided by an insurer selected by Lrndur again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. if Leader 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 ands in accordance with any written agreement bctwcon Borrower and Lender providing for such termination or unlit termination is required by Applicable Law. Nothing in this Section 10 affects Burruwcr'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 LAum as agree!. Borrower is not it party to the Mortgage Insurance, Mortgage insurers evaluate their total risk on all such hisurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses, Three agreements are on terms and conditions that are aalisfactory to the mortgage insurer and the other party (or parties) to these agreements- These agreements may require the mortgage insurer to matte payments using any source of funds that the mortgage insurer may bave available (which may inuludc fonds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange fur aharing 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 I"or a share of the premiums paid to die insurer, Lite arrangement is often termed "captive reinsurance." Further: (a) Any such agreements w411 not affect Lite amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. 1001514187 (q-GIPAl106071.0[ Inlt _ Form 3039 1101 Page eats 4k) (b) Any such agrecnrertts will not 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 of such cancellation or termination. 11. Assignment, of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Properly 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 scrics of progress payments as (lie work is completed, Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Burrower. Such Miscellaneous Procceds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event,of a partial taking, destruction, or loss in value of the Property In which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security 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 Miscellaneuus 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, destruction, 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, Elie Miscellaneous Pruceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If Elie Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as dement 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 Swurity 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, Burrower 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 bas occurred, reinstate as provided in Section 19, by causing the action or proceeding to be 1001514187 IMi A-G(PA) loco-nu, P406 10 ai ? s ;0? -- i Farm 3039 1101 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. Thu prucccds of any award or claim fur damages that arc 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 ordez provided for in Suction 2. 12. Harrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrumunl granted by Tender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any SUCeeMITS iu Inleres( of Borrower. Lender shall not be required to continence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors In Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, unlidw or Successors in Interest of Borrower or in tunounts less than the amount then due, shall not be a waiver of or preuludc the cxercjse of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instnnnent 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 (t:) agrees that Lender and any other Borrower can agree to extend, modify, forbear or stake any accommodations wit11 regard to the terns of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and bunufit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in due Property and rights larder this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge 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 Tnstrum.em or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that die 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 uolluctut) -from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under (lie Note or by making a direct payment to Borrower. If a refund rcduues principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under rho 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 1001514187 M•6(PA) loaorj.oi Pogo 11 or 18 " r, } Form 3039 1101 have been given to Borrower when mailcil 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 codes Borrower has designated a substitute notice address by notice to Lender. Borrower sliall promptly notify Lcuder of. Borrower's change of ad(Iress. If ).under 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 )..under shall be given by delivering it or by mailing it by first class mail to Lender's address stated hercin unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any uotiee required by this Security Instrument is also required under Applicable Law, die Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by fcdcral law and tic law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly ur 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 die 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; (h) words in the singular shall mean and include die plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security' Instrument. 18. 'i•ransfer 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 tnuisferred in a bond for decd, contract for dccd, 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 consent, Lender may require immediate payment in full of all sums secured by this Security Instnimlenl, However, this option shall not he 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 most 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 meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Insnrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right. to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all suers which then would be due tinder this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or 1001514187 t 61PA1 iu40r1.01 I ' .I:: P.O. 12 of 18 Form 3039 VDt 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 Properly and rights under this Security histrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall contimu unchanged. Lender may require that Borrower pay such reinstatement sums slid expenses in one or more of the following farms, 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 deposlte are 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 (he case of acceleration under Section 18, 20. Sale of Note; Change of Loau Servicer; Notice of Grievance. The Note or a partial interest in (tie Note (together with this Security Instrument) can be sold one or more times without prior notice to borrower. A sale might result in a change in the entity (known as the "Loan Scrvicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, dais Security Instrument, and Applicable Law. There also might be one or more changes of (lie Loan Servicer unrelated to a sale of the Dote, If {here is a change of tho Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Scrvicer, the address to which paymwtts should be made And any other information RESPA requires in conncclion 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 all 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 parry 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 rutluirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to crire given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Suction 18 shall be deemed to satisfy (tic 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 lnvironmental Law and the following substances; gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, vt}latile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of rte 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 defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. 1001514187 C -BIPAI 104071.nh P.P. is m to Form 3039 Vol Borrower shall not causc or permit Ric presence, use, disposal, storage, or release of any hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that Is In violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presurce, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Burrower shall promptly give Tender 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 tho Property. If Borrower Icarus, or is notified by any governmental or regulatory authority, or any private party, that any removal or other rernediation 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 agree as follows; 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's branch 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, araung other things! (a) the default; (b) the action required to cure the default.; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Burrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nonexistence 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 full of all sutus secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect 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 all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void, After such occurrence, lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rcmderud 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 die benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 sushi 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 Burrower 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 entuTed on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 1001514107 nN' r. (-etPA) 104071.01 Pepa ie a is Form 3039 1/01 .?'ttJ BY SIGNING BRLO W, Borrower accepts and agrees to the terms and covenants contained in this Security Insnutnent and In any Rider executed by Borrower and recorded with it. Witnesses: Amelia Weaver -Bnrrnwer (Seal) r o Weaver .Borrower - (Seal) -Bnm)wer -_ (Seal) -9nrrower - (Seal) -Burrower - (Seal) -Borrower - (Seal) -Dormwcr - (Seal) -Bnrrower 1001514187 CV(PA) (04071.01 reps 15 of 1 e Form 3039 1/01 COMMONWEALTH OF P11?NNS,,YLVANIA, Comity ss: On this, the l5 day of ??i ` 2705 before me, the undersigned officer, personally appeared ?? \\ l ?Y t? W tL?v? known to me (or satisfactorily proven) to he the person(s) whose name(s) islare subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Comrnissiun Expires: COMMONWEALTH OF PENNSYLVANIA -~- ?. - Notarial Seal Deng C. bamie s, Notary Public hlalnpdenIWP.. Cirnbetland County My 0-atisalon E)O-Aug. 5. 2008 Weber, pannaylvaels Association Of Notaries n l ?Y ` , /??( `C Titleof Offficee1r-??Il l Certificate of Re'sideuce I, 7?)'=c`C f eAk CC - ? ?e do hereby certify that the correct address of the within-roamed Mortgagee is 18 40 0 U o K n r m a n , Suite 10 0 0 , Irvine, CA 92612 Witness my hand this day of Agent of Mongagcc 1001514187 f u. t,•61PA1 f0to71.nt Pao• is of is Form 3039 1101 A?j 0 N 1, A ADJUSTABLE RATE NOTE (LIBOR Six=Month Index (As Published In The Wall Street Journal) - Rate Caps) THIS. NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. April 15, 2005 Mechanicsburg Pennsylvania [Date] [City] [State] 303 Gettysburg Pike, Mechanicsburg, PA 17055 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $107 , 950, 00 (this amount is called "Principal"), plus interest, to the order of Lender. Lender is New Century Mortgage Corporation I will make all payments under this Note in the form of cash, check or money order. I understand that Lender may transfer this Note. Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder. " 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 7.600 %. The interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after arty default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payments on the first day of each month beginning on June 1, 2005 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may, owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on May 1. 2035 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at 18400 Von Karman, Suite 1000 Irvine, CA 92612 or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. $ 762.21 This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 1001514187 MULTISTATE ADJUSTABLE RATE NOTE - LIBOR SIX-MONTH INDEX (AS PUBLISHED IN THE WALL STREET JOURNAL[ Single Family • Fannie Mee UNIFORM INSTRUMENT 838N 102101 Form 3520 1101 VMP MORTOAOE FOOM5• 10001621.729(??1// ^J 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest, rate I will pay may change on the first day of May, 2007 and on that day every 6th month thereafter. Each date on which my interest rate could change is called a "Change Daie." (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 Journal. 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 choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding F 1 v e An d N i n e t y - f i v e Hundredth(s) percentage points( 5.950 %)to tile 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 resul? 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 9.100 % or less than 7.60 0 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than'0 n e A n d 0 n e- h a 1 f percentage point(s) ( 1,500 %) from the rate of interest I have been paying for the preceding 6 months. My interest rate will never be greater than 14.600%. (E) 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 fast 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 interest rate and the amount of my monthly payment before the effective date of any change. The notice will include 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 regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder In writing that I am doing so. I may not designate a payment as a Piepayment 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 this Note. If I make a partial Prepayment, there will be no changes in the due dates of my monthly payments unless the Note ;`folder 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. 6. 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 loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me that exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated ac a partial Prepayment. 1001514187 (0--838N toztoi ForN 20 /11 Pepe 2 W 4 ? 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 fifteen calbndar bys after the date it is due; I' will pay . a late charge to the Note Holder. The amount. of the charge will be = . 5 , 0 0 0 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (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 I 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 mans. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 8. GIVING OF NOTICiS 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 enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses 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: 1001514187 (0-838N 102101 ipa 3 of 4 P 6)2 ,1101 7? 1C_.J i 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 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 ata 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 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 I Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Leader 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 Borrower fails to pay,these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(Sj AND SEAL(S) OF THE UNDERSIGNED. !CMelia Seal Weaver -Be ( ) G g0 y Weaver -Borrower (Seal) -Borrower (Seal) -Borrower _ (Seal) -Borrower pat 10 to QM* of, vooiA;recomm- New.Cenpsry 77 Name: Magda VII trove Title: A.V.P. / Shipping Manager ®-838N 102101 ® P.O. a04 (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower [SYgn Original Only], 1001514187 Form 3520 1/01 ORIGINAL ADJt?STAB LL RATF. NOTE (LIBOR Six-Manth Index (As Published In The Wall Street Journal) - Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. April 15, 2005 Mechanicsburg Pennsylvania (Date) Icityl (Stale) 303 Gettysburg Pike, Mechanicsburg, PA 17055 11'ropeny Addressl 1. BORROWER'S PROMISE TO PAY In return for a loan that T have received, 1 ptot'nise to pay U, S. $ 107 , 950 .00 (this amount is called "Principal"), plus interest, to the order of Lender. Lender is New Century Mortgage Corporation I will make all payments under this Nole in the form of cash, check nr money order. 1 understand Mill Lender may transfer this Note. Lender or anyone who takes this Note by mtnsfer and who is entitled to receive payments under this Note is called Ilnc "Note Holder." 2. INTEREST Interest will be charged oil unpaid principal until the full amount of Principal has been paid. T will pay interest at a yearly rate of 7.600 %. 'Ilse interest rate I will pay may change in accordance with Section 4 of this Note. 'llnc interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(}i) of this Note, 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. 1 will make my monthly payments on the first day of each month beginning on June 1, 2005 I will make these paymcnls every month until 1 have paid all of the principal and interest and any other charges described below that I may owe under this Note, Ellett monthly payment will be applied as of its scheduled due date anti will be applied to interest before Principal. If, on May 1, 2035 , 1 still owe. amounts under Ibis Note, I will pay those amounts in full on that dolt:, which is called the "Maturity Date." Iwill makemy monthly paymcnteat 18400 Von Karman, Suite 1000 Irvine, CA 92612 or at a different Place iI'required by the Note Holder. (R) Amount or my Initial Monthly Paymeuts Each of my initial monthly payments will be in (tie amount of iI.S. $ 762, 21 This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect charil;ts in the unpaid principal of.my loan and in the interest rate that I must pay. The Note holder will determine my new interest rate and the changed amount of my monthly payment in accordance Willi Section 4 of this Note. 1001514187 MULTISTATE ADJUSTABLE RATE NOTE. LIBOR SIX-MONTH INDEX IAS PUBLISHED IN TNf WALL STREET,10URNALI Single Family - Fannie Mae UNIFORM INSTRUMENT (M,838N io21a) Form 3520 1/01 VMPJJOFT(:ayt FOHMS tUOU)S21.720? '1 Vary, I of 6 1 ti 1P"/)_ Val 4. INTEREST RATE; AND MONTHLY PAYMENT CHANGES (A) Change Dates Theinierest rau;7.will pay nlay. change on the first day of May, 2007 and on that day every 6th month thereafter. Eacb date on which my interest rate could change.i, called a "Change Date." (A) The Index Beginning with the tint Change Datc, my interest rate will he based on an Index. The "Index" is the average of interbank uttered rates for six month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published to The Wall Street .laurnal. The most revent Index figure available as of the first business day of (tic mouth immediately preceding the month in which (lie Change Date occurs is called die "Current Index." If the Index is no longer available, the Note Holder will choose a now index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes before each Change ])are, the Note )-Colder will calculate my new interest rate by adding F i ve And Ni nety • f i ve Hundredth(s) percentage points( 5.950 %)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 %)• Sabiect to the limits doted in Section 4(D) below, this rounded amount will be my new interest rate tmlil file next Change Date. The Note Holder will tben determine [lie 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. 'liar result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate 1 am required to pay at the first Change hate will not be greater (flan 9.100 % or Icss (hail 7.600 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more Than one And One-half percentage point(s) ( 1.500 %) from the rate or interest I have been paying for the preceding 6 months. My interest rate will never be greater than 14.600 %. (E) Effective Date of Changes My new interest rate will become effective on each Change )late. I will pay the amount of my new monthly payment beginning an the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (T) Notice of Changes The Note Holder will deliver or rnail to me. a nutiev of any changes in my interest rate and the amount of my monthly payment before die effective date of any change. The notice will include information regnired by law to be given at me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the rigbl to m ke payments of Principal at any time before they are due. A payment of Principal only is .known as a "Prepayment." When I make a Prepayment, 1 will tell the Note Holder in writing that f 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 1 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 this Note. If I make a partial Prepayment, there will be no changes in the clue (lutes of my monthly paymeutc unless the Note Ilnldcr agrees in writing to those changes, My partial Prepayment may reduce the amount of my monthly payments after the first Change Date followiup my partial Prepayment. However, any reduction due to my partial Prepayment pray be offset by an interest rate increase. 6. LOAN CILARGES If a law, which applies to this loan and whiel 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 loan charge shall be raduccd by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me that exceeded pcrmiQal limits will be refunded to me. 'The Note Holder may choose to make this refund by reducing the Principal 1 owe under this Note or by making a direct payment to nie. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 1001514187 For 10 101 -83aN mznu Vapu 2 ut 4 7• RORROW$lt'S FAILURE.. TO PAY AS REQUIRED (A) Late Charles far Overdue Payments it'the Note Holder has not received the fill amount or any monthly payment by the end of fifteen calendar drys after the date it is due, 1 will-pay a late charge to, the :Note Holder. Tlic-amount of the charge will he 5 . 000 % of my overdue payment of principal and interest. 1 will pay this late charge promptly hit only once on each late payment. (B) Default If I do not pay the lull amount of each monthly payment on the (laic it is due, I will be in default. (C) Notice of Default If I am in default, (lie Nate Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the fill amount of Principal that has not been paid and all the interest that I owe on that amount. That date must he at least 30 days after the date on whielt the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder )even if, at a time when I am in default, the Note Holder does not require me to pay immediately in fill as described above, the Note Holder will still have the right to do so if I am in default al a later time. (L) Payment of Note Hulder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to he 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. 8. GIVING OF NOTICES Unless applicable law m4uires 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 Properly Address above or at a dirt'erent address if 1 give me Nate Holder a notice of utv different address. Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under this Note will he 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 diffrrcn( address. 9. OBLIGATIONS OF PERSONS UNDER TATS NOTE Tf more than one person signs this Note, each person is fully and personally obligated to keep all of the promisnc made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also Obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of its 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 tine. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. II - UNIFORM SECUREV NOTE; This Note is a unilinrm instrument with limited variations in sore,jurisdictions. In addition to the protections given to (lie Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the saute date as this Note, protects the Note Holder from possible losses (list night result if I do not keep the promises that I make in this Note. That Security Instrument describes how and under what conditions t may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions read as follows: 1001514187 Fu i ' 52 1101 (M-1138N ioxrai Pagn 3.( 6 m Transfer of like. Property or n Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or,beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond -for clued, c:orilract for deed, installment sales contract or escrow agreement, the inteni•of which is the transfer of title by Borrower at a fiture 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 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 il- such exercise is prohibited by Applicablu Law. Lender also shall not exercise this option if: (a) Borrowea causes to be submittal 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 dcturmines 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 thr: transferee to keep all the promises and agreements nade 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 stall provide a period of not less than 30 days frorrl the date the nntice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument, If Borrower hails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security dnstrumcrrl without twitter notice or demand on Borrower, WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. ?(• Q. (Se. 'yL -(Scat) melia Weaver -11orr G gory Weaver anmrwer _ (Seal) (Seal) -nnrmwer -BUrrV W er (Seal) (Seal) -liorrower -Burrower ....... .......-.---(Seal) (Sung Borrower ? -^T uurmwer pay bo"order of, witltlMmcaurae NO /.SFgn Original On1YJ NOW Century age Name: Magda Villanueva TM: A.V.P. I Shipping Manapar 1001514187 M 830N ioziof r,yr.4 .1 4 Form 3520 1101 Select Portfolio Servicing, Inc. PO BOX 9003 Temecula, CA 92589-9003 Payment Address: Select Portfolio Servicing, Inc. Attn: Remfttance Processing P.O. Box 65450 Salt Lake City, UT84165-0450 Correspondence Address: Select Portfolio Servicing, Inc. Customer Service P.O. Box 551170 Jacksonville, FL 3225 5 1 1 70 ?RIIIINIIIINN906?911? 7113 8257 1472 2901 1920 ?urlllnilllinil?lu?ilnlrlnnl?lni?nilll?rini??nlilr? AMELIA WEAVER 303 GETTYSBURG PIKE MECHANICSBURG, PA 17055 20061220-55 LRO64 EX BIT PRESORT First-Class Mail U:$. Postage and Fees Paid WSO a - 12(19/2006 AMELIA WEAVER 303 GETTYSBURG PIKE CERTIFIED MAIL MECHANICSBURG, PA 17055-5171 7113 8257 1472 291 192 ACT 91 NOTICE TAKE ACTION- TO SAVE YOUR HOME FROM FORECLOSURE This Is an official notice that the mortgage on our home Is In default, and the lender intends to foreclose. SpecifiC information about the nature of the defa It 1 pro ided in the attached MOOS. The GAGE ASSIST N PROGRAM MAP) may be able-to-help t save your home This Notice explains how the program works. To see If HEMAP can hel you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE F THIS NOTICE Take this Notice with you who The name. address and phone number of Consumer-Credit C....___°__ .____. County are listed at the end of this Notice. If you have an questions, you ma call the Pennsylvania Housing Finance A-gency toll4ree at (8001342-2397 Persons with impaired hearina can call (717) 780 1869This 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 NOTIFICACION EN ADJUSTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROBRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Homeowners Name: AMELIA WEAVER, Property Address: 303 GETTYSBURG PIKE MECHANICSBURG, PA 17055 Loan Acct. No.: 0008227274 Original Lender: Current Lender / Servicer: Select Portfolio Servicing, Inc HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM 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 PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "AC-17% YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF 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. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of 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 consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT130) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE LRO64 PAGE 1 of 4 CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies ' listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of designated consumer credit co logy ncies for the county in which the Prooertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of 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 Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program 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 complete 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 your application. During that 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 Pennsylvania Housing Finance 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 (Brine it up to date) NATURE OF THE DEFAULT: The mortgage debt held by the above lender on your property located at: 303 GETTYSBURG PIKE MECHANICSBURG, PA 17055 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Payment of $973.36 per month due from 1010112006 through 12/01/2006 payment (a total of 3 months): (Mortgage payment includes Escrow Payment of $211.15 per month): $2 920 08 Accrued Late Charges: , . $38 11 Non-SufficientFunds (NSF) / Return Check Fees . $20 00 Escrow Advances for Hazard Insurance . , Real Estate Taxes and/or Municipal Liens: Other Advances (Property Preservation) $876.07 $0 00 Funds On Account: . Total Amount Due: 0.00 $2,978.19 "Y Funds on Account typically represent a partial payment of loan. principal and interest received that cannot be applied to the B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not annlicable): nuw icy cu E THE DEFAULT - You may cur: the default within THIRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,978.19, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashiers check certified check or money order made Payable and sent to Select Portfolio Servicing, Inc. LRO64 PAGE 2 of 4 PO BOX 65450 Salt Lake City, UT 84165.0450 IF YOU DO NOT CURE THE DEFAULT- If you do not 'cure the default within THIRTY (30) DAYS of the hate of this Notice, the lender intends to exercise4Its rights 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 total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start 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 the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's 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 Sheriff's sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's 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 a Sheriff's Sale of the mortgaged property could be held would be approximately six (6) 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: Select Portfolio Servicing, Inc. ADDRESS: P.O. Box 65250 Salt Lake City, UT 84165-0250 PHONE NUMBER: (800) 635-9698 FAX NUMBER: (801) 293-2600 CONTACT PERSON: Desiree Phillip EFFECT OF SHE IFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - Under the terms of your mortgage and note, it may be possible to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. You may find out at any time if your loan is assumable by contacting your lender as provided herein. YOU MAY ALSO HAVE THF -RIGHT TOO ¦ SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. ¦ ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTIN BY THE LENDER. • SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. LR064 PAGE 3 of 4 If you wish to dispute your delinquency, you may do so by providing a wri tten dispute to SPS at the following address: Select Portfolio Servicing, Inc. Attention: Consumer Advocacy Department P.O. Box 551170 Jacksonville, FL. 32255 You also have the right to bring a court action if you claim that the loan is not in default or if you believe that you have any other defense to the acceleration and sale, including the failure to send proper notices of the acceleration and foreclosure sale. We are also required by law to inform you that if you notify us that you do not wish us to contact you by telephone at your place of employment, then no such contact by telephone will be made. If you are represented by an attorney, SPS will work with your attorney. We will also work with housing counselors, consumer debt counselors and other representatives with your written authorization. If you are represented by an attorney, this letter is being mailed to you to forward to your attorney. We will release information to your attorney without further authorization. If you wish to have information regarding you account provided to individuals or groups other than your attorney, your signed written authorization (including your social security number) is required. If foreclosure is initiated, additional amounts for attorney fees and costs may be incurred. These sums can be significant and will be added to amounts due. This may reduce your equity, if any, in the property. SPS provides consumer assistance programs designed to help resolve delinquencies and avoid foreclosures. These services are provided without cost to our customers. You may also be eligible for a loan workout plan or other similar solution. If you would like to learn more about these programs, you may contact a SPS representative at (888) 818-6032 during the following hours: Monday through Thursday, 9 a.m. to 10 p.m. Friday, 9 a.m. to 7 p.m. Saturday, 9 a.m. to 1 p.m. Eastern Time Sincerely, Select Portfolio Servicing, Inc. This Is an attempt to collect a debt. Any irformation obtained will be used for that purpose. APPENDIX C PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUN Acorn Housing 14 S. 13th Street TY Adams County Interfaith Housing Authority CCCS of Western PA Harrisburg, PA 17104 40 E High Street 2000 Linglestown Road 717.213.0150 Gettysburg, PA 17325 Harrisburg, PA 17102 717.334.1518 888.511.2227 Community Action Loveship Inc Commission of Captlal , . 2320 North 5th Street Maranatha Region Harrisburg, PA 17110 43 Philadelphia Avenue 1514 Derry Street 717.232 2207 Waynesboro, PA 17268 Harrisburg, PA 17104 . 717.762.3285 717.232.9757 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 LRO64 PAGE 4 of 4 Select Portfolio Servicing, Inc. PO BOX 9003 Temecula, CA 92589-9003 Payment Address: Select Portfolio Servicing, Inc. Attn: Remmance Processing P.O. Box 65450 Salt Lake Clty, UT 84165-0450 Correspondence Address: Select Portfdb Servicing, Inc. Customer Service P.O. Box 551170 Jacksonville, FL 32255-1170 ?NIIIIIIIINI??IIINN 7113 8257 1472 2901 2392 GREGORY WEAVER 303 GETTYSBURG PIKE MECHANICSBURG, PA 17055 2006122D-55 LRO64 PRESORT First-Class Mail U.S. Postage and Fees Paid WSO tiLk 12(19/2006 GREGORY WEAVER 303 GETTYSBURG PIKE CERTIFIED MAIL MECHANICSBURG, PA 17055-5171 7113 8257 1472 2901 2392 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Th is Is an official notice that the morta e on our home Is In default, and the lender Intends to foreclose. SDOCIIC Information about the nature of the-default Is provided In the affaahWp-aaes, The HOMEOWNER'S MORTGAGE ASSIST PROGReuI iHEMAP) may be able to halo + save your home This Notice explains how the program works. To see If HEMAP c an help-you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS F THIS NOTICE.-Take this Notice with you when you meet-vidth the Counselina Auenay. The name, address and phone number of Consumer-Credit r....__e':__ . _. County are lix+orl at the end of this Notice If you have a uestions you may call the Pennsylvania Housing Finance Agency toll-free at (800) 342-2397 Persons with Impalred 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 NOTIFICACION EN ADJUSTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROBRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Homeowners Name: GREGORY WEAVER Property Address: , 303 GETTYSBURG PIKE MECHANICSBURG PA 17055 Loan Acct. No.: , 0008227274 Original Lender: Current Lender I Servicer. Select Portfolio Servicing, Inc HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM 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 PROVISIONS OF THE HOMEOWNER'S 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, ¦ IF 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. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of 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 consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE LR064 PAGE 1 of 4 CONSUMER''CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit coUh4leling'agencies' listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and tplnnhnnc n,-..ham.... A__e___._ . ?• .,U1e ens oT m.s Notice. face-to-face meeting. Advise your lender immediately of f your intentions. It is only necessary to schedule one 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 Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program 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 complete 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 your application. During that 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 Pennsylvania Housing Finance 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 u to date NATO E OF THE DEFAULT: The mortgage debt held by the above lender on your property located at: 303 GETTYSBURG PIKE MECHANICSBURG, PA 17055 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Payment of $973.36 per month due from 10/01/2006 through 12/01/2006 payment (a total of 3 months): (Mortgage payment includes Escrow Payment of $211.15 per month): Accrued Late Charges: $2,.08 Non-SuffcientFunds (NSF) / Return Check Fees $38 $38.11 Escrow Advances for Hazard Insurance $20.00 , Real Estate Taxes and/or Municipal Liens: Other Advances (Property Preservation) $876.07 Funds On Account: ** $0.00 Total Amount Due: 0.00 $2,978.19 ** Funds on Account typically represent a partial payment of principal and interest received that cannot be applied to the loan. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use If not applicable): HOW TO F THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,978.19, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either b cash cashier's check certified check or money order made a able and sent to: Select Portfolio Servicing, Inc. LRO64 PAGE 2 of 4 (' I O,X 65450 Salt Lake City, UT 84165.0450 IF YOU DO NOT OURL11HE'DEFAtJLT If'you do not cure the default within THIRTY"(30)"DAYS of the date *tFiis Notice,; the lender Intends to exercise Its rights 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 total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start 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 the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER FMEDIES - 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 Sheriff's sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's 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 a Sheriff's Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Or 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 NAME OF LENDER: ADDRESS: PHONE NUMBER: FAX NUMBER: CONTACT PERSON: LENDER: Select Portfolio Servicing, Inc. P.O. Box 65250 Salt Lake City, UT 84165-0250 (800) 635-9698 (801) 293-2600 Desiree Phillip EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender. at any time. ASSUMPTION OF MORTGAGE, - Under the terms of your mortgage and note, it may be possible to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. You may find out at any time if your loan is assumable by contacting your lender as provided herein. ¦ SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHTTO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) ¦ ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. ¦ SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. LRO64 PAGE 3 of 4 If you wish to dispute your delinquency, you may do so by providing a written dispute to SPS at the following address: Select Portfolio Servicing, Inc. Attention: Consumer Advocacy Department P.O. Box 551170 Jacksonville, FL. 32255 You also have the right to bring a court action K you claim that the loan is not in default or if you believe that you have any other defense to the acceleration and sale, including the failure to send proper notices of the acceleration and foreclosure sale. We are also required by law to inform you that if you notify us that you do not wish us to contact you by telephone at your place of employment, then no such contact by telephone will be made. If you are represented by an attorney, SPS will work with your attorney. We will also work with housing counselors, consumer debt counselors and other representatives with your written authorization. If you are represented by an attorney, this letter is being mailed to you to forward to your attorney. We will release information to your attorney without further authorization. If you wish to have information regarding you account provided to individuals or groups other than your attorney, your signed written authorization (including your social security number) is required. If foreclosure is initiated, additional amounts for attorney fees and costs may be incurred. These sums can be significant and will be added to amounts due. This may reduce your equity, if any, in the property. SPS provides consumer assistance programs designed to help resolve delinquencies and avoid foreclosures. These services are provided without cost to our customers. You may also be eligible for a loan workout plan or other similar solution. If you would like to learn more about these programs, you may contact a SPS representative at (888) 818-6032 during the following hours: Monday through Thursday, 9 a.m. to 10 p.m. Friday, 9 a.m. to 7 p.m. Saturday, 9 a.m. to 1 p.m. Eastern Time Sincerely, Select Portfolio Servicing, Inc. This Is an attempt to collect a debt. Any information obtained will be used for that purpose. APPENDIX C PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUN Aram Housing 14 S. 13th Street TY Adams County Interfaith Housing Authority CCCS of Western PA Harrisburg, PA 17104 40 E High Street 2000 Lingleatown Road 717.213.0150 Gettysburg, PA 17325 Harrisburg, PA 17102 717.334.1518 888.511.2227 Community Action Loveship Inc. Commission of Capital , 2320 North 5th Street IMaranatha Region Harrisburg, PA 17110 43 Philadelphia Avenue 1514 Derry Street 717.232 2207 Waynesboro, PA 17268 Harrisburg, PA 17104 . 717.762.3285 717.232.9757 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 LRO64 PAGE 4 of 4 S VERIFICATION The undersigned, an officer of Fidelity National Foreclosure Duly Authorized Officers on Behalf of Select Portfolio Servicing Inc. the instant Plaintiff, or its servicing agent, being authorized to make this Verification on behalf of Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are taken from the records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Dated: Q - '(? C-) Name 0 ?? Title may; Anr ?' C ompany: Fidelity Nationa closure Duly Authorized Officers on Behalf of Select Portfolio Servicing, Inc. r? c w: r a'; "1 r Q f -71 r,. C7 ti ? to) SHERIFF'S RETURN - REGULAR CASE NO: 2007-01026 P r COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC BANK USA ET AL VS WEAVER AMELIA ET AL TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE WEAVER AMELIA was served upon DEFENDANT , at 2023:00 HOURS, on the 14th day of March at 425 HALDEMAN BLVD NEW CUMBERLAND, PA 17070 AMELIA WEAVER by handing to a true and attested copy of COMPLAINT - MORT FORE the 2007 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 29.76 Affidavit .00 Surcharge 10.00 .00 3?.ib,y (1 ? 45.76 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 03/15/2007 BARBARA FEIN By: ep y Sherif A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-01026 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC BANK USA ET AL VS WEAVER AMELIA ET AL TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE WEAVER GREGORY was served upon the DEFENDANT at 1934:00 HOURS, on the 14th day of March , 2007 at 303 GETTYSBURG AVENUE MECHANICSBURG, PA 17055 GREGORY WEAVER by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 1 03/15/2007 `T^ BARBARA FEIN Sworn and Subscibed to By: before me this day D uty Sher' f of A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-01026 P C4MMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HSBC BANK USA ET AL VS WEAVER AMELIA ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT WEAVER AMELIA but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , , NOT FOUND , as to the within named DEFENDANT , WEAVER AMELIA 303 GETTYSBURG AVENUE MECHANCISBURG, PA 17055 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing 18.00 Service 9.60 Not Found 5.00 Surcharge 10.00 .00 3Idt.Iory r/ 42.60-/ So answers : R. Thoma line Sheriff of Cu erland County BARBARA FEIN 03/15/2007 Sworn and Subscribed to before me this day of A. D. r THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire / I.D. No. 79992 Jacqueline F. McNally, Esq. / I.D. No. 201332 Suite 100, 425 Commerce Drive Fort Washington, PA 19034 (215) 653-7450 Attorney for Plaintiff HSBC BANK USA, National Association, as trustee, on behalf of the holders of the Nomura Home Equity Loan, Inc. Asset-Backed Certificates Series 2005-HE1, Plaintiff, V. AMELIA WEAVER and GREGORY WEAVER, Defendants. File No. 07-14211 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-1026 Civil Term PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND FOR ASSESSMENT OF DAMAGES Kindly enter judgment for $121,210.15 in favor of the Plaintiff, HSBC Bank USA, National Association, as trustee, on behalf of the holders of the Nomura Home Equity Loan, Inc. Asset-Backed Certificates Series 2005-HE1, and against the Defendants, Amelia Weaver and Gregory Weaver, for failure to file an Answer to Plaintiffs Complaint in Mortgage Foreclosure within twenty (20) days from service thereof and assess Plaintiffs damages as follows and calculated from those set forth in the Complaint. Principal balance of mortgage $106,630.27 Interest due and owing at the rate of 7.60% calculated from the default date through August 31, 2007 8,014.19 Late Charges due and owing under of the Note in accordance with the Mortgage Instrument 38.11 Escrow Advances made by Plaintiff Mortgagee on behalf of Defendant mortgage account 876.07 Non-Sufficient Fund Charges (NSF) 20.00 Property inspections 20.00 Court Costs and fees 300.00 Attorneys' fees 5,331.51 TOTAL IN REM JUDGMENT TO BE ENTERED $121,210.15 TOTAL IN REM JUDGMENT TO BE ENTERED $121,210.15 THE LAW OFFICES OF BARBARA A. FEIN, P.C. -6'1 Ja? a JaC2? BY: Barbara A. Fein, Es e AND NOW, judgment is entered in favor of the Plaintiff, HSBC Bank USA, National Association, as trustee, on behalf of the holders of the Nomura Home Equity Loan, Inc. Asset-Backed Certificates Series 2005-HE I and against the Defendants, Amelia Weaver and Gregory Weaver, and damages are assessed as above in the sum of $121,210.15. IiFe Prothonotary t1 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA HSBC BANK USA, National Association, as trustee, on behalf of the holders of the Nomura Home Equity Loan, Inc. Asset-Backed Certificates Series 2005-HE1, Plaintiff, V. AMELIA WEAVER AND GREGORY WEAVER, Defendants. NO. C) -1 - 10 Z !o G, Y i -Fe-,r r-1 AFFIDAVIT OF NON-MILITARY SERVICE STATE OF MINNESOTA COUNTY OF DAKOTA : S. S.: The undersigned, an authorized officer of Select Portfolio Servicing, Inc., loan servicing agent for Plaintiff, being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiffherein named and that the above named Defendants are not in the Military or Naval Service of the United States of America or its Allies as defined under the Soldiers and Sailors Civil Relief Act of 1940, as amended, and that the age and last known residence and employment of each Defendant are as follows: Defendant Amelia Weaver Age Over 18 Residence 303 Gettysburg Pike, Mechanicsburg, PA 17055 Employment Unknown 11 Defendant Gregory Weaver Age Over 18 Residence 303 Gettysburg Pike, Mechanicsburg, PA 17055 Employment Unknown Select Portfolio Servicing, Inc., Loan Servicing Agent for Plaintiff Sworn to and subscribed before me this 9 day of F'PS'- , 2007. Notary Publ NAME: TITLE: AMELIA Mc9AiN NOTARY PU9LIC * MNt?9?A MY COMMISSION EXPIRES JAN. 31, 2011 ce THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen D, Little, Esquire / I.D. No. 79992 Jacqueline F. McNally / I.D. No. 201332 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff HSBC BANK USA, National Association, as trustee, on behalf of the holders of the Nomura Home Equity Loan, Inc. Asset-Backed Certificates Series 2005-HEI, Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-1026 Civil Term V. AMELIA WEAVER and GREGORY WEAVER, Defendants. CERTIFICATION OF MAILING OF NOTICE UNDER PA RCP RULE 237.1 The undersigned hereby certifies that a written Notice of Intention to File a Praecipe for the Entry of Default Judgment was mailed to the Defendant(s) and/or to their legal counsel of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe. Said Notice was sent on the date set forth in the appended copy of the Notice, sent as stated. Dated: August 10, 2007 Amelia Weaver Gregory Weaver 425 Haldeman Boulevard 303 Gettysburg Pike New Cumberland, PA 17070 Mechanicsburg, PA 17055 THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: Barbara A. Fein, Esq e Attorney for Plaintiff Attorney I.D. No. 53002 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire / I.D. No. 79992 Jacqueline F. McNally / I.D. No. 201332 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff HSBC BANK USA, National Association, as trustee, on behalf of the holders of the Nomura Home Equity Loan, Inc. Asset-Backed Certificates Series 2005-HE1, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-1026 Civil Term Plaintiff, V. AMELIA WEAVER and GREGORY WEAVER, Defendants. NOTICE OF INTENTION TO TAKE DEFAULT UNDER PA. RCP RULE 237.1 IMPORTANT NOTICE You are in default because you have failed to take action required of you in this case. Unless you act within ten (10) days from the date of this notice as set forth below, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Lawyer Referral Service (717) 249-3166 Cumberland County Bar Association 32 South Bedford Street, Carlisle, P A 17013 (800) 990-9108 NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tornado la ac ion requirida de su parte en este case. Al no tomar la accion debida dentro de un termino de di z (10) dias de la fecha de esta notificacion, el tribunapodra, sin necesidad de compararecerusted i corte o escucharpreuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros de echos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tie a abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o llame por telefon a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir sitencia legal: Lawyer Referral Service (717) 249-3166 Cumberland County Bar Associati ?n 32 South Bedford Street, Carlisle, P At7013 (800) 990-9108 Date of Notice: August 10, 2007 PERSONS SERVED: Amelia Weaver 425 Haldeman Boulevard New Cumberland, PA 17070 Gregory Weaver 303 Gettysburg Pike Mechanicsburg PA 17055 i THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: Barbara A. Fein, Esqu" Attorney for Plaintiff Attorney I. D. No. 53002 1 U.S. POSTAL SERVICE CERTIFICATE OF SWUN MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: 1LiE LAW OFFICES OF'SAR a 426 COMMERCE DPyA, cUf CNU Pk19034 One piece of ordinary mail addressed to: PS Form 3817, January 2001 2 3-7. 1 _ TAP U.S. POSTAL SERVICE TE OF Wail MY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT SIDE FOR INSURANCE--POSTMASTER Received From: ?a E LAW OFFICES 425 WMIM F[)RT One piece of ordinary mail addressed to: y A - . . t k O O O tV O O) "D V ? O _N 0 Q ? C> O y C: m -4 e t0 0 ? O la 00 ? O 'U \ ? tNM1 W O rr K3 0 0 0 " Si PS Form 3817, January 2001 2?J?. l -f THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire / I.D. No. 79992 File No. 07-14211 Jacqueline F. McNally, Esq. / I.D. No. 201332 Suite 100, 425 Commerce Drive Fort Washington, PA 19034 (215) 653-7450 Attorney for Plaintiff HSBC BANK USA, National Association, as trustee, on behalf of the holders of the Nomura Home Equity Loan, Inc. Asset-Backed Certificates Series 2005-HE1, Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-1026 Civil Term V. AMELIA WEAVER and GREGORY WEAVER, Defendants. CERTIFICATION OF ADDRESS I, Barbara A. Fein, Esquire, Attorney for the Plaintiff, HSBC Bank USA, National Association, as trustee, on behalf of the holders of the Nomura Home Equity Loan, Inc. Asset-Backed Certificates Series 2005-HE I, hereby certify that the Plaintiffs correct address is c/o Select Portfolio Servicing, Inc., 3815 South West Temple, Salt Lake City, UT 84115, and the last known address of each Defendant is as below. Amelia Weaver Gregory Weaver 425 Haldeman Boulevard 303 Gettysburg Pike New Cumberland, PA 17070 Mechanicsburg, PA 17055 THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: Ila " a ?/? I Barbara A. Fein, E ire Attorney for Plainti THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire / I.D. No. 79992 Jacqueline F. McNally, Esq. / I.D. No. 201332 Suite 100, 425 Commerce Drive Fort Washington, PA 19034 (215) 653-7450 Attorney for Plaintiff HSBC BANK USA, National Association, as trustee, on behalf of the holders of the Nomura Home Equity Loan, Inc. Asset-Backed Certificates Series 2005-HE1, Plaintiff, V. AMELIA WEAVER and GREGORY WEAVER, Defendants. File No. 07-14211 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-1026 Civil Term CERTIFICATE OF SERVICE I, Barbara A. Fein, Esquire, Attorney for the Plaintiff, HSBC Bank USA, National Association, as trustee, on behalf of the holders of the Nomura Home Equity Loan, Inc. Asset-Backed Certificates Series 2005-HE 1, hereby certify that I have served a true and correct copy of the appended mortgage foreclosure pleadings/papers upon the following parties at the last known address and/or upon an attorney of record, as noted: Amelia Weaver Gregory Weaver 425 Haldeman Boulevard 303 Gettysburg Pike New Cumberland, PA 17070 Mechanicsburg, PA 17055 THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: 70a 9&71 1 ?L - Barbara A. Fein, ENq e Attorney for Plaintiff z 3 0 G! Ca ? T r ?i U OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURT HOUSE One Courthouse Square Carlisle, PA 17013 CURT LONG, PROTHONOTARY TO: Amelia Weaver Gregory Weaver 425 Haldeman Boulevard 303 Gettysburg Pike New Cumberland, PA 17070 Mechanicsburg, PA 17055 HSBC BANK USA, National Association, as trustee, on behalf of the holders of the Nomura Home Equity Loan, Inc. Asset-Backed Certificates Series 2005-HE1, Plaintiff, NO. 07-1026 Civil Term V. AMELIA WEAVER and GREGORY WEAVER, Defendants. NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a judgment has been entered against you in the above captioned proceeding as indicated below. CURT LONG, PRO ONOTARY [XX] Judgment by Default Entered IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: BARBARA A. FEIN, ESQUIRE AT (215) 653-7450. THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire / I.D. No. 79992 Jacqueline F. McNally, Esq. / I.D. No. 201332 Suite 100, 425 Commerce Drive Fort Washington, PA 19034 (215) 653-7450 Attorney for Plaintiff HSBC BANK USA, National Association, as trustee, on behalf of the holders of the Nomura Home Equity Loan, Inc. Asset-Backed Certificates Series 2005-HE1, Plaintiff, V. AMELIA WEAVER AND GREGORY WEAVER, Defendants.. File No. 07-14211 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-1026 Civil Term PRAECIPE TO WITHDRAW / VACATE JUDGMENT AND TO SETTLE, DISCONTINUE, AND END TO THE PROTHONOTARY: Kindly withdraw / vacate the judgment entered in the above captioned mortgage foreclosure action. Then please mark the matter settled, discontinued and ended without prejudice to Plaintiff. December 5, 2007 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire Attorney for Plaintiff Attorney I.D. No. 53002 (3 '? ? ? ? :, 'O © ? -? " ~r'? ? S'S 1 ? t"# ? 7 "? « ?, ? ? "°' -' W ? ? c.::, .. ? 6. :i? > ? ; `?' ..? ? fi? ., :? w ??