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HomeMy WebLinkAbout01-1732 FX McCABE, WEISBERG AND CONWAY, P. C. BY: TElmENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Bui1dinq 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Conseco Finance Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283 v. James M. Minder 713 Harding Street New Cumberland, PA 17070 and Margaret M.K. Minder 713 Harding Street New Cumberland, PA 17070 Attorney for Plaintiff Cumberland County Court of Common Pleas Number 01- /n~ CtOL{'-r~ CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your 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 lose money or property or other rights important to you. YOU SHOULD TAKE 1HIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 f ~~. "1.- 'h . .". AVISO Le han demandado a usted en 1a corte. 8i usted qui ere defenderse de estas demandas ex-puestas en las paginas siguientes, listed tiene veinte (20) dias de plaza al partir de la fecha de la demanda y 1a notificacion. Race falta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a 1.;1. corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no 5e defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previa aviso 0 notificacion. Ademas. 1a corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda~ Usted puede perder dinero o sus propiedades U otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SINOTIENEABOGADOO SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 McCABE, WIlISBERG AND CONWAY, P. C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Cumberland County Court of Common Pleas Conseco Finance Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283 v. James M. Minder 713 Harding Street New Cumbe~land, PA 17070 and Margaret M.K. Minder 713 Harding Street New Cumberland, PA 17070 Number D/- /732 Cu;..t-r~ CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Conseco Finance Consumer Discount Company, a corporCltion duly organized and doing business at the above captioned address. 2. The Defendant is James M. Minder, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 713 Harding Street, New Cumberland, PA 17070. 3. The Defendant is Margaret M.K. Minder, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and her last-known address is 713 Harding Street, New Cumberland, PA 17070. ''';':~]-';'' '," I," - -I 4. On 11/17/99, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1583, Page 364. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 713 Harding Street, New Cumberland, PA 17070. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/22/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance Interest 10/22/00 through 3/8/01 (Plus $11.27 per diem thereafter) Attorney's Fee Late Charges Cost of Suit Appraisal Fee Title Search GRAND TOTAL $28,874.40 $ 1,541.29 $ 1,500.00 $ 248.58 $ 225.00 $ 125.00 $ 200.00 $32,714.27 8. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 1 ~ '" ,-, <" 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. s403) and notice required by the Emergency Mortgage A$sistance Act of 1983 as amended under 12 PA Code Chapter 13, et s~q., commonly known as the Combined Notice of Delinquency has been s~nt to Defendant by certified mail on the date set forth in the true and correct copies of such notices attached hereto as Exhibit "a." WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $32,714.27, together with interest at the rate of $11.27 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgage property. J. McCA ,ESQUIRE for Plaintiff ,j,;",. .' . I' , .- r -- VERIFICATION The undersigned, Terrence J. McCabe, Esquire, hereby certifies that he is the Attorney for the Plaintiff in the within action, and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. !il4904 relating to unsworn falsification to authorities. ~aAjp TERRENCE J. CABE I h i' I, [', Li !:: ;. " r-: I \: i ~ !' , h, -, ;-_"",:,,~__,_L,A,,"''';''~'",->" -!,,~__,._ '_'~"..__, "I"" A-t_~," ,,";'__, .~,'~ "n "I ,_" "~[.,, '''T" '-'-' "\^'" , . - , ~ "~ :'4/2-0 / J2 ~\2 " .-' .- Common_ of PeDDSYlvODia Space Above 'ibis Lioe For RewrdiDg Data Return To, OPEN-END MORTGAGE APpliea~.:;. \ Wl5W:Nt. Conseeo Fin~nce . Attn: Trailing DOl;:Um.ent:.e ArCil. This Mongage secures future advances 7360 soueh Kyrene Road 'rempe. AZ 05203 , . . November 17, 1999 1. _DATE AND PARTIES. The date of this Mongage (Secunry InstrUment) IS ............................................... and the panies, their addresses and taX identification numbelS, if required. are as follows: MORTGAGOR: James M Minder, Margaret M. K. Minder H/W . LENDER: o If checked"refer. lO Jhe attached Addendum- incorporated. herein. for ,additional Mongagots, their signatures and acknowledgments, Conseco Finance Consumer Discount Company 3401 Hartzdale Drive Suite 118 Camp Hill, Pennsylvania 17011 . '. 2. CONVEYANCE. For good'and valuable' cOnsideration,' the receipt and ,sufficiency of.whiCh is.ai:lciwwledged: and to secure the Secured Debt (defined below)'and Moitgagor:s'penonnance under this security. InstrUment; Mo~gligfJr grants, bargains, conveys and Dlongages to Lender the fono~. ~be~'propertjr:.~ ';', ". .. , .. , " ... . . r'. "' . ,. .' . . r.', See Exhibit'A '.. '" .. The propetty is located in .......~!:'!?~.:;:~~~~.:......................................... at ................................................ (County) 713 Harding St New Cumberland '. 17070 .0..0. ,0. ....... ..................... ...... ......... ........1 .. .... ......... u... ............. ..... ...... .... .., PennsylvanJa ................... ...... , -(AddresS) .. -..' (Cily) . (ZIP Code) , Together with all rights, easements. appurten~n,.,.s. royalties. U1ineraI rights, oil and gas rights, all water and riparian rights, wtches, and water stock and all existing and furore improVCDleJltS, structures, fixtures, and replacements that may now, or at any time in the furore. be pan: of the real estate described above (all referred to as "Property"). 3. MAXIMUM OBLl9t:mtb Ll}WT. The total principal amount secured by this Security Instrument at anyone time shall not exceed $ ................L......'.......................... . This limitation of amount does not include interest and other fees and charges validly made pursuant to this Security InstrUment. Also, this limitation does not apply to advances made under the terms of this Security Instrument to protect Lender's security and to perfonn any of the covenants contained in this Security . Instrument. . .. . 4. SECURED DEBT'AND F'llTURE ADVANCES. The tenn "Secured Debt" is defined as follows: ., A. Debt illClin'id' under .the terms of all' Pronllssory 'oote(s). contract(s), guaraoty(s), or other evjdeJ!ce of de!>t despri~. . ; . : b-elow and' all their extenaiOlis, renewals. modifications' or substitUtiOns:. (When r{rerenCitlg' & debis belOw' it is. . 'suggested Iliot"you include'irems suCh as borrowers' names, note cui1oWlrs, interest rates, moturirj dtiiiJs; erc.;'" ... .Note dated November 17, 1999, between Conseco Finance Consumer Discount Company and James M Minder, Mar.gg~~ M.. lft'lTr It'Ao'.oo, maturing NOVemb. er 22, 2012. PENNSYLVANIA.MORTGAGE lNOTI;!lRARloY'" 'f'fl (pBg.'af61 e1~~~Dll~imJ4..St.00uct.MK 11-BQO.,3IH-23411 FonnRE-M1'S.PA. 1211&194 .Bqa~1583PAGE .364 ~ J]tm)(rn """'!!\I!O'~ ~ '""'''''~ "{l!I'!I~, '~~"""""';""""""~< '"......'~'-l~~ ,..~..~+ ~.""". ~ ~, """f.",~,..,.,.,"~ ., ~~-~-~.~'"""'"""~ . ~,'~~, ~ ?.._,....,,"_=~"',' . M_,~"I ~ ~~_~ i. '\. . . B. All future advances from Lender to Mortgagor or other future obligations of Mortgagor to Lender under any plOmissory note, contract, guaranty, or other evidence of debt eltecuted by Mortgagor in favor of Lender elteculed after this Security 1ru.1rument whether or not this Security InstrUment is specifically referenced. If more than one person signs this Security Instrument. each Mortgagor agrees that this Security Instrument will secure all future advances and future obligations that are given to or incurred by anyone or more Mortgagor. or anyone or more Mortgagor and others. AIl future advances and other future obligations are seC1lTed by this Security InstrUment even though all or part may not yet be advanced. AIl future advances and other future obligations are secured as if made on the date of this Security Instnnnent. Nothing in this Security InstrUment shall constitute a commitment to make additional or future loans Or advances in any amount. Any snch commitment must be agreed to in a separate writing. C. All ~bligations Mortgagor owes to Lender, which may later arise, to the extent not prohibiled by law, illtluding, bul nol limited 10, liabilities for overdrafts relating 10 any deposit accouot agreemenl between Mortgagor and Lender. D. AIl additional S1llllS advanced and expenses i1\CllIIed by Lender for insuring, preserving or olberwise plOteeting Ibe , , Pro~ and its VJl:!ue and .l!IlY other ~ advanced and expenses, incurred by..l.eDder under.the terms. of this Security InstrUlIlem. This Security Instrument will nOl secure any other debt if Lender fails to give any required notice of the right of rescission. 5. PAYMENTS. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in accordance with the leIDlS of the Secured nebt and this Security InstrUment. 6. WARRANTY OF TITLE. Mortgagor warrants that Mortgagor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to grant. bargain, convey, sell, and mortgage the Property' Mortgagor also warrants that the P~operty is unencumbered, except for encumbrances of record. 7. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trost, security agreement or other lien document that created a prior security inlerest or encumbrance on the Property, Mortgagor agrees: A. To make all payments when due and 10 perform or comply with all covenants. B. To promptly deliver to Lender any notices that Mortgagor receives from the holder. C. Not to allow any modification or extension of, nor to request any future advances under any note or agreemenl secured by the lien doc\Ullent without Lemler's prior written COnsenl. 8. CLAIMs AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other clwges relating to the Prope~y '."h;!l due. Lender may ~uire .Mortgagor to provide to Lender copies of all iiotices thlii such' amounts are due' and" the receipts evi1li:ncing Mortgagor's paYment~ Mongagor will defeDd tide to the Property against any claims that would impair the lien of this SecuritY Instrument. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Mortgagor may have against parties who snpply labor or materials to maintain or improve the Property. 9. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt to be imm~tely due and payable upon the creation of, or contract for the creatiau of, any lien, encumbrance, transfer or sale of the Property. This right is subject 10 the restrlctions imposed by federal law (12 C.F.R. 591), as applicable. This covenant sball run with the Property and shall remain in effect until the Secured Debt is paid in full and this Security lnstnnnent is released. 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary. Mortgagor sball not commit or allow any waste, impainnent, or deterioration of the Property. Mortgagor will keep the Property free of noltious weeds and grasses. Mortgagor agrees that the nal1ll"e of the occupancy and use will not substantially change without Lender's prior written consent. Mongagor will not peImit any change in any license, restrictive covenant or easement without Lender's prior written consent. Mortgagor will notify Lender of all demands, proceedings, claims and actions against Mortgagor, and of any loss or damage to the Property. Sl1e94 Bank.... Syt,t4offl.,Inc., St. Cloud, MN (1'&00-3'1.23""1 FtI,m RE-MTG-PA 12118/94 .B~oK1583rAGE. 365 ( 'YI1 (pog. 2 of 6) ~ f"Y1Tl\\(fn , '., '----0:-- ',)lliW'!lW:j!!fl1!!Hl,,,,,,,,,,,,,.,, '"____,.~,,""_' J. n. = "'"1- ~,I ~r ~......~- , ~,....""""'~ "~~ <, ~, .~ _ -'"""~",.. .li~ .^'~,,~_. " Lender or Lender's agents may. at Lender's option. enter the Property at any reasonable time for the purpose of inspecting the Property. Lender shall give Mongagor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspt>;don of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. n. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenaors contained in this Security IlIStnIlllem, Lender may, without notice, perform or cause them to be performed. Mortgagor appoints Lendefas attorney in fact to sign Mortgagor's name or pay any amount necessary for performance. Lender's right to perform for Mortgagor shall not creale an obligation (0 perform, and Lender's failure to perfonn will not preclude Lender from exercising any of Lender's other rights under the law or this Security Insuument. If any constrUction on the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps necessary to protect Lender's security interest in the Property, inclnding completion of the constrUction. 12. ASSIGNMENT OF LEASES AND RENTS. Mortgagor irrevocably grants, bargains, conveys and mortgages to Lender as additional security 1II1 ~e..righl, title and interest in and to any and all existing, or future lease:;, subleases. and any other written or verbal agreements for the use and occupancy of. any portion of the Propeny, including any extensions, renewals, modifications or substitutions of such agreements (all referred to as "Leases') and rents, issues and profits (all referred 10 as "Rents"). Mortgagor will promptly provide Lender with aue and correct copies of all existing and future Leases. Mortgagor may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default under the terms of this Security lnstrument. Mortgagor agrees that this assignmelll is immediately effective between the parties to this Security Instrument and effective as to third panies on the recording of this Security Instrument, and this assignment will remain effective until the Obligations are satisfied. Mortgagor agrees that Lender is entitled to notify Mongagor or Mortgagor's tenants to make payments of Rents due or 10 become due directly to Lender after such recording, however Lender agrees not to notify Mongagor's tenants until Mongagor defaults and Lender notifies Mortgagor of the default and demands that Mortgagor and Mortgagor~s l\:nants pay all Rents due or to become due directly to Lender. On receiving notice of default, Mortgagor will endorse and deliver to Lender any payment of Rents in Mortgagor's possession and will receive 'any RentS in l11ISl for Lender and will not commingle the Rents with any olber funds. Any amounts collected will be applied as provided in this Security lnstrument. Mongagor warralllS that no default exists under the Leases or any applicable landlord/tenant law. Mortgagor also agrees to maintain and require any tenanlto comply with the leons of lbe Leases and applicable law. 13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNlT DEVEI,OPMENTS. Mortgagor agrees to comply with the provisions of any lease if this Security Instrument is on a leasehold. If the Property inclndes a unit in a condominium or a , plllIJDed unit development, Mongagor will perfolDl all of Mongagor~s duties under the covenants, by-laws, or regulations of the condominium or planned unit developmenl. 14, DEFAULT. Mongagor will be in default if any party obligated on th.e Sec)1f!'d Debt fails to .make payment when due. -'"Mortgagor-will be in'llefault if a breacli occurs under the terms of this Security Instniment or any other document executed for the purpose of creating; securing or guarantying the Secured Debt. A good faith belief by Lender that Lender at any time is insecure with respect to any person or entity obligated on the Secured Debt Or lbat the prospect of any payment or the value of the Property is impaired shall a1soconstimte an event of default. 15'. ~DIES ON DEFAULT. In some instanCes, federal and state law will require Lender to provide Mortgagor with notice of the right to cure or other notices and may establish time schedules for fureclosure actions. Subject to these limitations, if any, Lender may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if Mortgagor is in default. At the ~ption of Lender, all or any part of the agreed fees and charges, accrued interest and principal shall become immediately due and payable, after giving notice if required by law, upon the occunence of a default or anytime thereafter. Iu. addition. Lender shall be entitled to all the remedies provided by law, the terms of the Secured Debt, this Security Instrument and any related documents. All remedies are distinct, cwnulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Lender's right to require complete cUre of any existing default. By not exercising any remedy on Mortgagor's default, Lender does not waive Lender's right to laler consider the event a default if it continues or happens again. , ;n. (page 3 of 6J =10114 a..k_ $Vl'tflftl:l. r"C" St. croud,MN C1-80o-~97~23411 Foff'll RE-MTG-PA 12119194 B()OK15B3 r~Gt 366 ~ ('Pl...n ll'vn _~"""" ~ ~, _.~"., _<,,_ _,.-II""" ~ ~,"" ....", ~ " ~ ~ , ~,' ~~'" ,_ ,Ii/!'",~ _, __. "=~ ,'~,,~ f' 16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS,'Except when prohibited by law, Mongagor agrees to pay all of Lender's expenses if Mortgagor breaches any covenant in this Security lnslrument. Mortgagor will also pay on demand any amonnt iocurred by Lender for insuring, inspecting, preserving or otherwise protecting the Property and Lender's security interest. These expenses will bear interest from the date of the payment until paid in full at the highest interest rate iu effect as provided in the terms of the Secured Deht. Mortgagor agrees to pay all costs and expenses incurred by Lender in collecting, enforcing or protecting Lender's rights and remedies under this Securitylnstnnnent. This amount may ioclude, but is not limited to. attorneys' fees, court Costs, and other legal expenses. This Security IOSlrument shall remain in effect until released. Mortgagor agrees to pay for any recordation costs of such release. ' 17. ENVIRONMENTAL LAWS ANn HAZARDOUS SUBSTANCES. As used in this section, (I) Environmental Law means. without limitatio~, the Comprehensive Environmental Response, Compensation and Uability Act (CERCLA, 42 V.S.C. 9601 et seq.), and all other federal. Slale and local laws, regulations, ordinam:es, COUrt orders, attorney general opinions or inteIpretive letrers concerning the public health. safety, welfare, envirooment or a hazardous substance; and (2) Hazardous Substance means any roxic, radioactive or hatardous material, waste, pollutam or contaminant which has characre~stics which render the substance dangerous or potentially dangerous tt'. the public health, safety, welfare or environment. The term includes, without limitation, any substances defined.as "hazardous material," 'toxic substances," "hazardous waste" or 'hazardous substllIlce" under any Environmental Law. Mortgagor represents, warrants and agrees thaI: A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance is or will be localed, stored or released on or in the Property. This restriction does not apply to small quantities of Hazardous Substances that are generally recognized to be appropriate for the nonnal use and maintenance of the Property. B. Except as previously disclosed and acknowledged in writing ro Lender, Mortgagor and every renant have been, are, and shall remain in full compliance with any applicable Environmental Law. C. Mortgagor shall immediately notil)' Lender if a release or threatened release of a Hazardous Substance occurs on, under or abont the Property or there is a violation of any Environmental Law concerning !he Property. In such an event, Morrgagor shall take all necessary remedlaI action in accordance wi!h any Environmental, Law. D. Mortgagor shall immediately IlOtil)' Lender in writing as soon as Morrgagor l!as reason to believe !here is any pending or threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardons Substance or the violation ofany Environmenral Law. 18. CONDEMNATION, Mortgagor will give Lender prompt nolice of any pending or threatened action, by private or public entities ro purchase or take any or all nf the Propeny through condemnation, eminent domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor's name in any of the above described actions or claims. Mortgagor assigns to Lender the proceeds of any awaTtCor claim for damages c6imected with a condemnation or other taking of all or' any part of the Property. Such proceeds shall be considered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the tenns of any prior mortgage, deed of tinst, security agreement or o!her lien docmncnr. 19. INSURANCE. Mortgagor sha1I keep Property insured against loss by fire, flood, theft and other hazards and risks reasonably associated with the Property due ro its type and location. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Mortgagor subject to Lender's approval, which shall not be unreasonably withheld. If Mortgagor fails to maintain the coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property according to the terms of this Security IllStrUment. All insurance policies and renewals shall be acceptable to Lender and shall include a standard 'mortgage clause' and, w~re applicable, 'loss payee clause." Mortgagor shall immediately notify Lender of cancellation or temlination of the illSUtance. Lender shall have the right to hold the policies and renewals. If Lender requires, Mortgagor shal1'immediately give III Lender all receipts of paid premiums and renewal notices. Upon loss, Mortgagor shall give immediate notice to the insurance camer and Lender. Lender may D1aIre proof of loss if not made immediately by Mortgagor. Sl1e&4 an.. SyKtlllN. tne.. St. 00W. MN n.800-3;7-23....' Form AE-MTQ.PA 12/tl1/84 Bood583rAGF. 367 . VI\ (pag. 4 of 61 V- rh",tm '-".1!llft-l'" -l'i ., :, ~ ,,,,"'''r='' . ~~_~'''''!'l''!I'"~=t' I"~~' ~~ ,n. ,~~ T~'~- IR .~" ,. ~~~~,~, ~' ~ ~ ~ =!l'ifI~~ Unless otherwise agreed in writing. ail insurance proceeds shall be applied to the restoralion or repair of the Property or 10 the Secured Debt. wbether or not then due, at Lender's' option. Any application of proceeds to principal shall not eXlend or postpone the due dale of the scheduled payment nor change the amount of any payment. Any excess will be paid to the Mortgagor. If the Property is a<:quired by Lender, Mortgagor's righr 10 any iusullUlCe policies and proceeds resulting from damage to the Property before the acquisition shall paSs to Lender to the extent of the Secured Debt immediately before the acquisition. 20. ESCROW FOR TAXE~ AND "INSURANCE. Unless otherwise provided in a separate agreement, Mortgagor will not be required 10 pay to Lender funds for raxes and insurance in escrow, 21. FINANCIAL REPORTS AND ADDrTIONAL DOCUMENTS. Mortgagor will provide to Lender upon reqnest, any financial statement or information Lender may deem reasonably necessary. Mortgagor agrees 10 sign, deliver, and file any additional docuntencsor ceroficariollS that Lender may consider necessary 10 perfect, continue, and preserve Mortgagor's obligatiollS under this Security Instrument and Lender's lien status on the Property. 22. JOINT AND INDIVIDUAL LlAIlll,lTY; CO.sIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security IllSttUlIlent are joint and individual. If Mongagor sigllS this Security Instrument but does not sign an evidence of debt. Mortgagor does so only to mortgage Mongagor's interest in the Property to secure payment of the Secured Debt and Mortgagor does not agree to be persooally liable on the Secured Debt. If this Securily lostr\llllent secures a guaranty between Lender and Mortgagor, Mortgagor agrees 10 waive any rights that may prevent Leader from bringing any action or claim against Mongagor or any party indebted under the obligation. These rights may include, but are not limited to, any anti-deficiency or one-action Jaws. Mortgagor agrees that Lender and any party to this Security Instrument may extend, modify or make any cbange in the tenns nf this Security Instrument or any evidence of debt without Mortgagor's consent. Such a change will not release Mortgagor from the terms of this Security Instrument. The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Mongagor and Lender. 23. APPLICABLE LAW; SEVERABll.ITY; lNTERPRETATlON. This Security Instrument is governed by the laws of the jurisdiction in which Lender is located, except to the extent otherwise required by the laws of the jurisdiction where the Property is located. This Security lostr\llllent is complete and fully integrated. This Security Instrnment may not be amended or modified by oral agreement. Any section in this Security Instrument, attachments, Or any agreement related to the Secured Debt that conflicts willi applicable law will not be effective, unless that law expressly or impliedly permits the variarions by written agreement. If anY . section of this Security InstrumeDl cannot be enforced according to its terms, that section will be severed and will not aftect the enforceability of the remainder of this Security Instrument. Whenever used, the singular shall include the plural and the. plural the singular. The captions and headings of the sections of this Security Instrument are for convenience only and are not to be used to interpret or define the tenns of this Security Instrument. Time is of the essence in this Security Instrument. 24. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it o~ by mailing it by first class mail to the appropriate party's address on page 1 of this Security Instr\llllent. or to any other address designated in writing. Notice to one mongagor will be deemed to be notice to all mongagors. 25. WAIVERS. Except to the ext,ent prohibited by law, Mongagor waives any right to appraisement relating to the Property. Cl1904 8.nklllnl Sy.temto. 11,.:., Sl. CJoud, MN u.aoo.397-23411 FoJ111 RE-MTG.PA 12/19184 __ ~vr'\. /pag.5of6/ ,Bood583fAGE..3~ fY'm tm ~. "I~ ~ r~ _. ~. 1" -"" ~ -, ~ ",I'~-"'="_~,~' _' - _,-",,?" ", 26. OTHER TERMS. If checked, the following are applicable to this Security lnstl1l1llent: D Line of Credit. The Secured Debt includes a revolving line of credit provision. Although die Secured Debt may be reduced to a zero balance, this Security Instrument will remain in effect until released. D Construction Loan. This Security Instrument secures an obligation incurred for the construCtion of an improvement on the Property. D Fixture Filing. Mortgagor grl\lUS to Lender a security interest in all goods that Mortgagor owns now or in the fulwe and that are or wiJI become fixlllres related to the Propeny. This Security Instrument suffices as a financing statement and any carbon, photographic or ,other reproduction may be filed of record for purposes of Article'9 of die UnifOlDl Commercial Code. D Purchase Money. This Security InstrumeIlt secures advances by Lender used in whole or in part to acquire die Property. Accordingly, this Security Instnllnent, and the1ien hereunder, is and shall be construed as a purchase money mongage with all of the rights, priorities and benefits thereof under the laws of the Commonwealth of Pennsylvania. D NOTICE TO BORROWER: TIDS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE INTEREST RATE. D Riders. The covenants and' agreemeDlS of each of the riders che<:ked below are incorpotat<;d into and supplement and amend the terms of this Security Instrument. [Check all applicable bOl<es] D CondominiUID Rider D Planned Unit Development Rider 0 Other ................................................... o Additional Terms. SIGNATURES: By signing below, Mortgagor, intending to be legally bound hereby, agrees to the terms and covenants contained in this Security Instrument and in any attachments. Mortgagor also acknowledges receipt of a copy of this Security Instrument on the date slated on page 1. (S2?J~~.~~7~~q7 w~.~UJbm.....h ACKNOWLE GMENT: 1 . /) '~d pennsy van~a VlN>-f,d , COMMONWEALTH OF ........................................., COUNTY OF ..................... .. . ....... "7:" ~. ~ On this, the ......tUh.......... day of .....~x~r..19.99.................. before me ..... .lr.::t;;.;05.:.ff.... th nd . ned ffi nall ed JameB M Minder, Margaret K.K. Minder e u erslg 0 cer, perro y appear .......................................................................................... ............................................................................,............. known to me (or satisfactorily proven) to be the person(s) whose name(s) is subscribed to the within instrument, and acknowledged that he/she executed the same fur the Purposes therein contained. ~~!2/Z;::?f-;?............!;Ati!? ........,...........K................................,.. (WilJ\e85) In witness wbeniof. I hereuntO set lilY band and official seal. ~ ..~,~~~ .' ~~(?! '""~~~)\'i~~~S1jiOn exphes: . i~~\..-~__ ."~.:~.lt~ ~-l,",1.;~? , >", ....'.".."".. " ... ",...,J)> ..:........ ..' ........... ................... ....~....................... ' J$~...~Sir.i".:,:gm..;''*~<!>:: ., ,~y.p~.....~.u;... ':~;:.I;;.-' ,-~~~~. :;: ~.: ~.~~: ,..,~;=~ ?~;:1t:.':. .'i!l!t.:~~fJlf i1&'~~'4 ....... ..... ..... ..-..... ...... ........... ... no.. ....... .... ~~.. .~I-'I.'.':!';; :(Iet~. .ti&h1.\lfgt the address of the ~er within named is: ...'::~.~;'~.~~::~..~~:.~~~':~.':.~~:-:::............... :7r'0,;; .. _.._.... ~J~t.1.ve Suite 118. Camp .tUll, Pcnuayl\r.mia 17011 ... iii ~'i;r.:r4;.;;;:"\"'" ..... ..... '0' ... ............. ..... ...... ........ ...... ..... '" ....... ........ ....... .... ... ..u.... ............... .....n. .........,.... 'lftUllf.....I.~t..' . .. ............................................. N01arlal Seal VlllCll!lI T. Pinlo, NolaJy Public Green Tree Bom. Allegheny County t,\y Ccmmlsslon ExpIres May 6. 2002 Member, PennsylVania ASSoeiatlon 01 Notaries ,. , . Ct8S..Sonht89prhm., Inc... St.CIOlld,MN 11'80o-38N~34tJ fvnnRE-M"TG-PA 12119194 ROOK 1583 PAGE. 369 (P8g8 6 of 61 .. ,.. ~-_...-.-. ''''''''''1 ~-!~, ~~""r ~~~~ "-~._~ .., ~~""-"...... - ~ ,~"~~"""~,",.",,, ", ~ o,~i~ ,~ .. . . Leaal Descrintion: ,~ EXliIBIT,A BRIEF LEGAL DESCRIPTION: ALL THAT CERTAIN PROPERTY SITUATED IN THE BOROUGH OF , NEW CUMBERLl\ND CUMBERIJIND COUNTY AND COMMONIIEALTH OF PENNSYLVANIA BEING MORE FULLY DESCRIBED IN DEED DATED 11/15/96 RECORDED 11/19/96 APPEARING AMONG THE LAND RECORDS, OF THE COtlNTY, AND STATE SET FORTH ABOVE IN DEED BOOK VOLOME 149 PAGE 335 Parcel ID: 26-23-0543-140 Stale of pennSYlvania} County of Cumberland 86 Recorded in lhe office for the recordIng of Deeds ~~. nd 11'5~'~ CountV."i9' II. 800 . ol._Pa~ witne V hR eleal of ollie Q9 Carlisle, PA . day 0 111_ ~~ I ~ .,;,,' ,!lOOK 1583 rAGE.. am ~ -~-~ ..- . CD CD ::z = = N N o C 3:::0::<:1 ""lTlo mO"" ;xl 0 11'1 ,....::0;:::1 )>o-l ~m o:O;U (')oN 0"'- colTl zmG'.l -1m!;; -cc:::o . en -c )> -0. :3. ..... -.l ~. CO:--lSECO, ;Pennsylvania CO:-;SECO FI:-.IANCE SERVICING CORI. -3(,.:' ~;ren' R""1\ct 91 Notice TL'mp<::. :\riZlltl,l S'i~:-;,'--l5~,~ ,~s,-.:- ,i 1 :;:-S-.;.~ JAMES MINDER 713 HARDING ST NEWCUMBERLAND,PA 17070 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE January 31, 2001 This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific infonnation about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are enclosed with this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342- 2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal infonnation. 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 NOTIFICION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE 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 PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA, -",\f.I'~'T "Bn G:t WmEH -4""'!!!1l'!'~,"_,~< "'~,,- .~ ~ I-"....~.~ ,,"' ~. CONSECO CONSECO FISANCE SERVlCING COR\', - ,(,.:-;'" K;'l"L'l1t: Rn.\d rl,.'illpL'. :\m'.on,l '~;i~S ;-4'~., xss- ~ I ,-S-:; ~ Date: 1/31/01 TO: JAMES MINDER 713 HARDING ST NEW CUMBERLAND, PA 17070 34265714 Loan No.: 695613284 Mortgaged Premises: 713 HARDING ST NEW CUMBERLAND, P A 17070 FROM: Conseco Finance Consumer Discount Company 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 MAYBE 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 offoreclosure 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 ofthis Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASIST ANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT', EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES .--- If you 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 afrer the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are enclosed with 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 ofthis 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. @ iilmm . ~ CO~SECO COSSECO FINASCE SERVICI:-:iC CORP, -;(<: S 1\.\"rt'l1t: R'l,ld Tl'lllrt.:. :\~iZOn,l X''i':'''{.;.4'S~ :-;.~ s.' I - -'~-' . AGENCY ACTION ---- Available funds f~r'e~e;gen~y 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 OT BE CONSIDERED AS AN A TIEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance,) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT ---- The MORTGAGE debt held by the above lender on your property located at: 713 HARDING ST, NEW CUMBERLAND, P A 17070 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:l1122/00- $415,37, 12/22/00-$415.37,1/22/01-$415.34. Other charges (explain/itemize): NSF Fee: $0.00, Late Charges: $207.05. TOTAL AMOUNTS PAST DUE: 51453.16. 8. YOU HA VE FAILED TO TAKE THE FOLLOWING ACTION (Do not use ifnot applicable): HOW TO CURE THE DEFAULT _m You may cure the default within THIRTY (30) DAYS of the date ofthis notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1453.16, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Conseco Finance. 7360 So Kvrene Rd. Tempe. AZ 85253 (do not send cash). You can cure any other default by taking the following action within THIRTY (30) DAYS of the date ofthis letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT ---- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, lhe lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt \Viii 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 [oreclose 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 attomeys, 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 actually incurred up to $50.00, However, iflegal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed 550.00. 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. @ Wiiffi ;j)Pl1'!!f ill , ~~~ ','~ .. J" 1 ."'~ 1 .~ -- ~. CONSECO, CO~SECO FINANCE SERVICI~G CORP. -;60 S i\:yrl'l1L" Rllad J'el11rt'. :\rizon;.l S5~S.'~4.iX5 ~:-;;..:- ~ ! ,-~-..; RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE _m If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by perfonning any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgager to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERlFF'S SALE DATE ---- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately one month 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: Conseco Finance Consumer Discount Company Address: 7360 So Kyrene Road, Tempe, Arizona 85253 Phone Number: 6021333-6000 Fax Number: 602/333-6460 Contact Person: Ruth Hernandez EFFECT OF SHERIFF'S SALE ---- You should realize that a Sheriffs Sale will end your ownership ofthe mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE m_ You _ mayor _X_may not (CHECK ONE) 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 ALSO HAVE THE RIGHT: ---- TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. ---- TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. --- TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEF AUL T, (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) ---- TO ASSERT THE NONEXISTENCE OF A DEF AUL T IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. ---- TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. --- TO SEEK PROTECTON UNDER THE FEDERAL BANKRUPTCY LAW. Enclosures: Pennsylvania Consumer Credit Counseling Agency List cc: Customer File @ ,room ,,<. '.t ~,,. " - 1--'- "11 . ,", ~, CO:-;SECO ,Pennsylvania CONSECO FINA;-.lCE SERVICI:-lG COR?" -;<'0 S ~~rene !hl1\ct 91 Notice TL'llll~I.:. ,'\nI.IlIU ~.''::'S.'.4\;';3 XKK~~ r \-~-.;.~ MARGARET MINDER 713 HARDING ST NEW CUMBERLAND, PA 17070 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE January 31, 2001 This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose, Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WiTHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are enclosed with this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342- 2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attomey in your area, The local bar association may be able to help you find a lawyer. LA NOTIFICION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE 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 PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. @ u;.;;;;; '~"j" llJ ' l!II!l"".~, =r'~ ~ " "-1- ~ 0 ........l'lli ~, CO;-;SECO, CO:-iSECO FISA~CE SERVICI~G CORP. -; h': S I\. ~ n:Il~' R\ l,ld r"'I!lpl" .\n/llll.\ ~.:;.:.S;'-l-'i"i.; S:'iS-; I '-~-.:;3 Date: 1/31/01 TO: MARGARET MINDER 713 HARDING ST NEW CUMBERLAND, P A 17070 3426 5707 Loan No.: 6905613284 Mortgaged Premises: 713 HARDING ST NEW CUMBERLAND, P A 17070 FROM: Conseco Finance Consumer Discount Company 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 MAYBE 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 OrnER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE ---- Under the Act, you are entitled to a temporary stay offoreclosure 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, THlS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT', EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE, CONSUMER CREDIT COUNSELING AGENCIES ---- If you 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 counseling agencies for the county in which the property is located are enclosed with this Notice.. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICA nON FOR MORTGAGE ASSISTANCE ---- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific infonnation 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 ofthis 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 LETIER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIA TEL Y AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED, @ iiim ,;;m_ I ., ~, - -,~ Ip- ~, -r r ~. CONSECO, CO;-.lSECO FINANCE SERVICING CORP. :- H,C) K~'rl.'nl.: [{".ld Templ'. .-\rizon.l S5.::.S,i--J.5~3 XXS.~ l ,.!{-;; 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 afler 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 OT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT --- The MORTGAGE debt held by the above lender on your property located at: 713 HARDING ST, NEW CUMBERLAND, PA 17070 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:I1/22/00- $415.37 ,12/22/00-$415.37,1/22/01-$415.37. Other charges (explain/itemize): NSF Fee: $0.00, Late Charges: $207.05. TOTAL AMOUNTS PAST DUE: $1453.16, B. YOU HA VE FAILED TO TAKE THE FOLLOWING ACTION (Do not use ifnot applicable): HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date ofth!s notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1453.16, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Conseco Finance 7360 So Kyrene Rd. TelltPe. AZ 85253 (do not send cash). You can cure any other default by taking the following action within THIRTY (30) DAYS of the date ofthis letter: (Do not use ifnot applicable.) IF YOU DO NOT CURE THE DEFAULT ---- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender illtends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance ofthis 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 attomeys 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 offthe 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 actually incurred up to $50.00. However, if legal proceedings are started agaillst you, you will have to pay all reasonable attorney's 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. @ tmom ~ ~,. CO:-!SECO, CONSECO FINANCE SERVICI:-SG CORP. -;1'0) "~Tt'I1t.' Ro,Jd 1'1.:111!'L', .-\rll.nlla 1{5'::{,;-45~,; ~N~-; I .:;-,'''i-;; RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE ---- If you have not cured the default within the THIRTY (30) DA Y period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable allorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by perfonning any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgager to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERlFF'S SALE DATE ---- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately one month 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: Conseco Finance Consumer Discount Company Address: 7360 So Kyrerte Road, Tempe, Arizona 85253 Phone Number: 602/333-6000 Fax Number: 602/333-6460 Contact Person: Ruth Hernandez EFFECT OF SHERIFF'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 Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE ,--- You _ mayor _X_may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and allorney's fees and costs are paid prior to or at the sale and ihat the,other requirements:ofthe mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: --- TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAYOFF TIllS DEBT. ---- TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. -- TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT, (HOWEVER, YOU DO NOT HAVE TIllS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) ---- TO ASSERT THE NONEXISTENCE OF A DEF AUL T IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. ---- TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. ---- TO SEEK PROTECTON UNDER THE FEDERAL BANKRUPTCY LA W. Enclosures: Pennsylvania Consumer Credit Counseling Agency List cc: Customer File @ rmoEil , ' ~" ,~, ~ 1C\, ~" ~n ~".... ~ ~ , > 1 .," "' <~'.~,,- " ~~ -Q, ~ ~ 01~ . d . , '" ~ o ~ C> ~ D/O ~ -..a , r ~ --I- ~ G C 7 g:' f~~ 0S,~ r-: C~! ~,~ (-'-, ~~! Z; .< c,) ::TI: J'""~ :~\} r.,J (....) Ci "::,:} 8 -~7 :'~I ~,' <J'J &f(f 11!~""'~ ,~~ ,~,"~= ~~,NIfl ~,!ffi9II~~"'"i',,"e"'-"f"!"O'!.~"~~)'I"~':W""i1"j.1!11'F';""~f'l'i';~iW~'''1;''''I!1im'f!~''..''~lf'''''''''-''''P'''''-''N[(lll!fWnmollOO~~I~' SHERIFF'S RETURN - REGULAR CASE NO: 2001-01732 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONSECO FINANCE CONSUMER DIS VS MINDER JAMES M ET AL DAWN L. KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MINDER JAMES M the DEFENDANT , at 1941:00 HOURS, on the 29th day of March , 2001 at 713 HARDING STREET NEW CUMBERLAND, PA 17070 by handing to JAMES M. MINDER 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: Docketing Service Affidavit Surcharge So Answers: 18.00 10.54 .00 10.00 .00 38.54 ~~ l-t:~ R. Thomas Kline 05/11/2001 MCCABE WEISBERG & CONWAY Sworn and Subscribed to before By: ~tWYY\ {. ~ Deputy Sheriff me this #-' / f ....-- day of ~ :/ AD o 7J,.iPLA'. .-c', q othonotary . ~ . .J.f,_~ ~f ~ -..,. ~ .." To. '--~I_ ~ SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-01732 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CONSECO FINANCE CONSUMER DIS VS MINDER JAMES M 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, DEFENDANT MINDER MARGARET M K but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , MINDER MARGARET M K MOVED TO BEAVER COUNTY 430 BUFFALO STREET, BEAVE Sheriff's Costs: Docketing Service Affidavit Surcharge not found 6.00 .00 .00 10.00 5.00 21. 00 .:~~ R. Thomas Kllne Sheriff of Cumberland County MCCABE WEISBERG & CONWAY 05/11/2001 Sworn and subscribed to before me this Ife day of ~ ~( A.D. ~_ ~ Ih,d;d t~ Pro h notary I -~1 - -, ' ......-,1 "1- I '~"r McCABE, WEISBERG AND CONWAY, P. C . BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Conseco Finance Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283 V. James M. Minder 713 Harding Street New Cumberland, PA 17070 and Margaret M.K. Minder 713 Harding Street New Cumberland, PA 17070 Attorney for Plaintiff Cumberland County Court of Common Pleas TRUE COpy FROM RECORD III T_lmOIW w\lefoot. Il\e{e unto ~ myhani : _ tM seal 81 said CoortatCar\iSle. ~. 0t~~~~ Number 01- /?;j?- (j,o~( T~ CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or obj ections to the claims eet forth against you. You are warned that if you fail to do so the case may proc~ed without you and a judgment may be enter~d against you by the court without further ~otice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORm BELOW TO FIND OUT WHERE YOU CAN GET HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle~ PA 17013 (717) 249-3166 :(i-~,~"F'~ r.'~~'_ ,.,I~ "_ ,- ,~ AVISO Le han demandado a listed en la corte. 51 listed quiere defenderse de estas dernandas ex-puestas en las paginas siguientes, listed tiene veinte (20) dias de plazo a1 partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas dernandas en contra de su persona. Sea avisado que 5i listed no 5e defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previa aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades U otros derechos import antes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SINOTlENEABOGADOO SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 , ~'r ~ ~-~ ~". McCABE, WEISBERG AND CONWAY, P. C . BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Conseco Finance Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283 Cumberland County Court of Common Pleas v. James M. Minder 713 Harding Street New Cumberland, PA 17070 and Margaret M.K. Minder 713 Harding Street New Cumberland, PA 17070 Number CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Conseco Finance Consumer Discount Company, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is James M. Minder, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 713 Harding Street, New Cumberland, PA 17070. 3. The Defendant is Margaret M.K. Minder, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and her last-known address is 713 Harding Street, New Cumberland, PA 17070. / ,~~~ .-~. ~ E -. "I ~~ 4. On 11/17/99, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1583, Page 364. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 713 Harding Street, New Cumberland, PA 17070. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/22/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance Interest 10/22/00 through 3/8/01 (Plus $11.27 per diem thereafter) Attorney's Fee Late Charges Cost of Suit Appraisal Fee Title Search $28,874.40 $ 1,541.29 $ 1,500.00 $ 248.58 $ 225.00 $ 125.00 $ 200.00 GRAND TOTAL $32,714.27 8. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. "~- I ~, 'I" . , , , 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. ~403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by certified mail on the date set forth in the true and correct copies of such notices attached hereto as Exhibit "B~" WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $32,714.27, together with interest at the rate of $11.27 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgage property. J. McCA , ESQUIRE for Plaintiff .P~ I f . = "~ ~l r>-!I' ,.., " ,~ ~ VERIFICATION The undersigned, Terrence J. McCabe, Esquire, hereby certifies that he is the Attorney for the Plaintiff in the within action, and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. ~4904 relating to unsworn falsification to authorities. .Ji/VU1/lfYiJ /JtJ'ie __ TERRENCE J. ~CABE ';t,l!l~l ?" ~, " .,._,,-.-.' I 'l, :~ Y"4 tzo / .!l ~\2 ,. .-' .. .' Commonweallh or PeDllSylvania Return To. COIlDCCO FinO\tlae. l\ttn: Trailing Document.e Area This Mortgage secures future advances 7360 Soueh Xyrcne Road TetlIpa. AZ 8S28) . , . November 17, 1999 1. .DATE AND PARTIES. The date of this Mortgage (Secunly Instrument) IS ;.............................................. anclthe parties, their addresses and tax identification numbers, if required, are as foDows: OPEN-END MORTGAGE Space Above This Line For Iteconlinl: Data Applica~ion # S91~091622 Loan # GSOS6132B4 MORTGAGOR: James M Minder, Margaret M.K. Minder H/W . o If .checked,. .refer. to ,rhe attacl)ed Addendum. incorporated. herein. for .additional Mortgagors, their signatures and acknowledgments. LENDER: Conseco Finance Consumer Discount Company 3401 Hartzdale Drive Suite 118 Camp Hill, Pennsylvania 17011 , '. 2. CONVEYANCE. For good 'and valuable'cOIlsidenition,' the receipt and .sufficiency of.whiCh is. aclOOowledged; 8Ild to secure the Secured Pebt (defined below) .and Moitgagor.'s'perrormance under this s.ecur,i!y' Instrument; Mortgligpr grants. bargains; conveys and mortgages to Lender rhe fonoWing deSCribed'propertj: ,~ . .;', . .,' .. ,'. ". ,. ... . . r'. ," . .... .:. , .'.:. ' , ro', . See' Exhibit 'A ." ", .. The propeity is located in .......~~.':l!.~~~.:...."................................... at ...........:.................................... (County) .. .?~~ ..~~.:r:.~~~gc'~'~"" ...... ......... ......... .:r::~ ,.~~~:;~~!;l~...... ............., Pe'nnsylvania .~~g.?~.......,... .... (Addre..) (City) . (ZlP COde) Together with all rights, easements, appurtenances, royalties, !IlineraI rights, oil and gas rights. all water 8Ild riparian rightS, ditches, and water srock 8Ild all existing and future improvements, structures, fixtUres, and replacements that may lIDW, or at any time in the future, be part of rhe real estate described above (all referred 10 as 'Property'). 3.MAXIMVM OBLI9f!!RM LHWT' The total principal amount secured by this Security Instrument at anyone time sbalI lIDl exceed .$ .................(........~......................... . This limitation of amount does not include IntereSt and orher fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply 10 advances made under the terms of'this Security Instrument to prolect Lender's security and to perlOnn any of the covenants contained in this Securl.ty . Instrumrnt. . ,'J . 4. SECURED DEBT'AND FUTUIiE ADVANCES. The tezm 'Secured Debt' is defined. as follows: '.A. Debt incJirred 'under.the terms of all'pronllssu'ry'oote(s), contract(s), guaranty(s) or other evjdeqce of dejlt cIescrl~. ,:.: bblow aild'all their exiensiOlis', renewals, modificillioDs'onubstihitiouS'. (Whm riferenCirig.tJil! debis lielow'it is . 'suggested Iliatyou inelude'items such as borrowers' names, note aRroW/IS. interesr rates, matUritj date},' 'ere.)" 'J " .Note dated November 17, 1999, between Canaeco Finance Cons~mer Discount Company and James M Minder, Margi~l' '~U.'.'.'. ~.' 11'fbr ~$, 0.00, maturing November 22, 2012. . PENNSYLVANIA. MORTGAGE (NOT FORef..\ o~sl ~ \fTl (psg. I .f 6) O';~~~D.\V~'iitJ4..St.C1GUd.M" \'.BIJQ.3\lH13411 RE4AiGoPA 1211&194 .8qo*1583rAGE .364 Jf!l- tJ'11n l'Cm ~r__'''',~, ,~I<ii..'.'lS!I;fl!!illf~"!lII_l~~I\W,_~,~~ .~."- ~~-, -~ .",\, ' j~ - ' !If ! i. \, , . B. All future advances from Lender to Mortgagor or other future obligations of Mortgagor to Lender under any promissory note, contract, guaranty, or other evidence of debt e"ecuted by Mortgagor in favor of Lender executed after this Security Instrum.nc whether or not this Security Instroment is specifically referenced, If more than one person signs this Security Instrument, each Mortgagor agrees that this Security Instrument will secure all futUre advances and futUre obligations thaI are given to Or incurred by anyone or more Mortgagor. or anyone or more Mortgagor and others, All future advances and other future Obligations are secured by this Security lnstnmlent even though all or part may not yet be advanced. All future advances and other future obligations are secured lIS if made on the date of this Security Instmment. Nothing in this Security Instroment shall constitute a commitment to make additional or future loans or advances in any amount. Any such commitment must be agreed to in a separate writing, C. All obligations Mortgagor owes to Lender, which may later arise, to the Clttent not prohibited by law, including, but not limited to, liabilities for overdrafts relating to any deposit account agreement between Mortgagor and Lender. D, All additional sums advanced and expenses incurred by Lender for insuring, preserving or owerwise protecting the . . Pro~ and its VJl1ue and,l!OY other S!JIDS advancC11 and e"penses, incurred by. ,Lender Wlder.the teIIllS.of this Security InstnlOlem. This Securiry Instrument will not secure any other debt if Lender fails to give any required notice of the right of rescission, 5. PAYMENTS. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in accordance wilh the telDlS of the Secured Debt and this Security Instrument. 6. WARRANTY OF TIlLE. Mortgagor warrants that Mortgagor is or will be lawful!y seized of the estate conveyed by this Security lustrumenl and has the right 10 grant, bargain, convey, sell, and mortgage the Property: Mortgagor also warrants that we P~operty is unencumbered, e"cept for encumbrances of record. 7. PRIOR SECURITY INTERESTS. With regard 10 any ower mortgage, deed of trusl, security agreement or other lien document thaI created a prior security interest or encumbrance on the Property, Mortgagor agrees: A. To make all payments when due and 10 perfonn or comply with all coveIllll1ts. B, To promptly deliver to Lender any notices that Mongagor receives from the holder, C. NOlto allow any modification or extension of, nor to request any future advances under any nole or agreement secured by the lien document without Lender's prior written consent. 8. CLAIMs AGAINST TITLE. Mortgagor will pay all taxes, assessments. liens, encumbrances, lease payments. ground rents, utilities, and other cbarges relating to the Property wh~n due. Lender may ~uire Mortg.gor to provide to Lender copies of all notices tluii suclf amoUnts ire due' and"' the receipts' .viClencing Mortgagor'S' piiYment~ Mongagor will derend tide to lbe Property against any claims thaI would impair the lien of this Security Instrument. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Mongagor may have against parties who supply labor or materials to maintain or improve the Property. 9, DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of lbe Secured Debt to be irnmedi.tely due and payable upon the creation of. or contract fur the creation of, any lien, encumbrance, transfet or sale of the . Property, This right is subject to the restrictions imposed by federal law (12 C,P,R. 591), as applicable. This covenant shall run with lbe Property and shall remain in effect until the Secured Debt is paid in full and this Security Instrument is released. to. PROPERTY CONDITION, AL TERA TIONS AND INSPECTION. Mortgagor will keep lbe Ptoperty in good condition and make all repairs that are reasonably DeCessary. Mortgagor shaI1 not coounit or allo,!, any waste, impainnent. or deterioration of the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor agrees that the nature of the. occupancy and use wil! not substantially change without Lender's prior written consent. Mortgagor will not pettnit any change in any license, restrictive covenant or easement without Lender's prior written consent. Mortgagor will nOtify Lender of all demands, proceedings, claims and actioos against Mortgagor, and of any loss or damage to the Property. Cl, 994 Bar'IIt.r. Si'IMllF, Inc:., S~ Cloud, MN CI.900-3S7-23A.11 f(lrm R!!-MTG-PA 121') 8194 .8QOK1583fAGE.365 Jrt{ (P~d. 2 of 6) ('n rrdtm ,.,.!.....-.. 0""""",__ fR1il'Ji'il1l!lll\'m '"- - -. Lender or Lender's agents may, a, Lender's option. enter Ihe Property at any reasonable time for the purpose of inspecting the Property. Lender shall give Mongagor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Lender's benefit and Mmtgagor win in DO way rely on Lender's inspection. 11. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants contained in this Security lnsuument, Lender may, without notice, perfoon or cause them to be performed, Mortgagor appointS Lender as attorney in facl 10 sign Mortgagor's name OT pay any amount necessary for performance. Lender's righllo perform for Mortgagoi shall not create an obligation to perform. and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rigllls under the law or this Security Insuument. If any construction on the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps necessary to protect Lender's security interest in the Property, inclnding completion of the construction, 12. ASSIGNMENT OF LEASES AND RENTS. Mortgagor irrevocably grants, bargains, conveys and mortgages to Lender as additional security '!II t\1~.righl, ptle and interest in and to any and all existing. or future leases, subleases, and any other written or verbal agreements for the use and occupancy of, any ponion of the Property, including any extensions, renewals, modifications or substitutions of such agreements (all referred to as 'Leases') and rents, issues and profits (all referred to a.<i 'Rents'). Mortgagor will promptly provide Lender with true and correct copies of all existing and future Leases. Mortgagor may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default under the terms of this Security lnsuument. Mortgagor agrees that this assignment is immediately effective between the parties to this Security Instrument and effective as to third parties on the recording of this Security Iusuument, and this assignment will remain effective until the Obligations are satisfied. Mortgagor agrees that Lender is entitled to notify Mongagor or Mortgagor's tenants to make payments of Rents due or to become due directly to Lender after such recording, however Lender agrees llOt to notify Mortgagor's tenants until Mortgagor defaUlts and Lender notifies Mortgagor of the default and demands that Mortgagor and Mongagor~s l;'nants pay all Rents due or to become due directly to Lender, On receiving notice of default, Mortgagor will endorse and deliver to Lender any payment of Rems in Mortgagor's possession and will receive 'any Rents in I11Ist for Lender and will not commingle the Rents with any other funds, Any amounts collected will be applied as provided in this Security Instnllllenl. Mortgagor warrants lIlat DO default exists under the Leases or any applicable landlord/tenant law. Mortgagor also agrees to maintain and require any tenant to comply with the terms of the Leases and applicable law. 13. LEASEHOLDS; CONDOMINlUMS; PLANNED UNIT DEVELOPMENTS. Mortgagor agrees to comply with the provisions of any lease if this Security IllStt\IIIlent is on a leasehold. If the Property includes a unit in a condominium or a . planned unit development, Mortgagor will perfolD1 all of Mongagor~s duties under the covenants, by-laws, or regulations of the condominium or pl/llllJCd unit development. 14. DEFAULT. Mortgagor will be in default if any party obligated On the Secured Debt fails to make payment when due. ""Mortgagor'will be in'i1efault if a breacli occurs under the terms of this Security inS_nl or any oiber document executed ror the purpose of creating; securing or guarantying the Secured Debt. A good faith belief by Lender that Lender at any time is insecure with respect to any person or entity obligated on the Secured Debt or that the prospect of any payment or the value of the Property is impaired shall also constitute an event of default, IS. llliMEDmS ON DEFAULT, In some instances, federal. and state Jaw will require Lender to provide Mortgagor with notice of the right to cure or other notices and may establish time schedules for foreclosure actions, Subject to these limitations, if any, Lender may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if Mortgagor is in default, , , At the option of Lender, all or any part of the agreed fees an~ charges, scemed interest and principal shall become immediateiy due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter. In. addition, Lender shall be entitled to all the remedies provided by law, the terms of the SeCUl'ed Debt, this Security Instrument and any related documents, All remedies are distillCt, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity. whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are tiled shall not constitute a waiver of Lender's right to require complete cUre of any existing default. By not exercising any remedy on Mortgagor's default, Lender does not waive Lender's right to later consider the event a default if it continues or happens again. \ ttI. (pago 3 of 61 1CI1084 BlInll\tn $yltllm" Inc:.. SI. Cloud, MN 1'-800-3.B7~.23411 Fetl'l\ I\E.MTG-PA 12119/84 BOOK 1583 rAGt 366 ~ ~ l"'('\ \( W\ M....._M._ _"''''"_~_' ~~,'_I~ __ ~. _r'''" ,..... ~ - ~..." - - - t~ ' .f . \,,' i \,~'_ t, - ~; I:;j n '-\ ;':!; 16, EXPENSES; ADVANCES ON COVENANTS; ATTORNitYS' FEES; COLLECTION COSTS,'Except when prohibited by law, Mortgagor agrees to pay aU of Lender's expenses if Mortgagor breacnes any covenant in this Security lnstroment, Mortgagor will also pay on demand any amount incurred by Lender for insuring, inspecting, preserving or otherwise protecting the Property and Lender's security imerest. These expenses will bear interest from the date of the payment until paid in full at rhe highest imerest rale in effect as provided in the terms of the Secured Debt. Mortgagor agrees to pay all costs and expenses incurred by Lender in collecting, enforcing or protecting Lender's rights and remedies under this Security Instrument. 111is amount may include, but is not limited to, attorneys' fees, COUIt costs, and other legal expenses. This Security Instromem shall rewaio in effect until released, Mortgagor agrees to pay for any recordation costs of such release, . 17. ENVIRONMENrAL LAWS AND HAZARDOUS SUBSTANCES, As used in this section, (I) Environmental Law means, without limitation. the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA. 42 U,S,C, 9601 et seq,), and all other federal. state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance roeans any toxic, radioactive or haiardous material, waste, pollutant or coJJt3Dl.inant which bas characte\istics which render the substance dangerous or polentially dangerous w, the public bealth. safety, welfare or environment, The tenn inclndes, without limitation, any substances defined ,as "hazardous material," "toxic substances," "hazardous waste" or 'hazardous substance" under any Environmental Law. :I " i ~ Mortgagor represents, warrants and agrees that: A, Except as previously diSClosed and acknowledged in writing to Lender, no Hazardous Substance is or will be located, Slored or released on or in the Property, 111is restriction does not apply to small quantities of Hazardous Substances that are generally recognized to be appropriate for the normal use and lI!aimenance of the Property, I, !~ II ;\1 ! B, Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have been, aJ'e, and shall remain in full cODlpliance with any applicable EnvironmentaI Law. C, Mortgagor sbaU immediately notil)' Lender if a release or threatened release of a Hazardous Substance occurs on, under or about the Property or there is a violation of any Environmental Law concerning the Property. In such an event, Mortgagor shall take all necessary remedial action in accordance with any EnvironmentalLaw. D, Mortgagor shall immediately notil)' Lender in writing as soon as Mortgagor!jas reason to believe there is any pending or threatened investigation, claim., or proceeding relating to the release or threatened release of any Hazardous Substance or the violation of any Environmental Law, 18. CONDEMNA nON. Mortgagor will give Lender prompt notice of w.y pending or threatened action, by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Mortgagor authori%es Lender to intervene i,!_ Mortgagor's name in any of the abov~ d~scribed actions or claims. Mortgagor assigns to Lender the"proceeds of any award or claim for damages c6ilnected with a condemnation or ollier taking of allor' any part of the Property, Such proceeds shall be considered payments and will be appHed, as provided in this Se<:urity Instroment. This assigmnent of proceeds is subject to the tenus of any prior mortgage, deed of trust, security agreement or other lien docmnenl. 19. INSURANCE. Mortgagor shall keep Property insured against loss by fire, flood, theft and other hazards and risks reasonably associated with the Property due to its type and location. This insurance shall be maintained in the amounts and for the periods that Lender requires. The itlSlUllDCe carrier providing the insurance shall be chosen by Mortgagor subject to Lender's approval, which s!llIIl not be 1lll1'e8S0nably withheld. If Mortgagor fails to moil1to;~ the coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property according to tlte terms of this Security lostrUment. All insurance policies and renewals s!llIIl be acceptable to Lender and shall include a standard "moltgage clause" and, where applicable, 'loss payee clause." Mortgagor shall immediately notify Lender of cancellation or teIJDination of the insurance, Lender shall bave the right to hold the policies and renewals. If Lender requires, Mortgagor shall'immediately give to Lender all receipts of paid premiums and renewal notices. Upon loss, Mortgagor shall give immediate notice to the i= carrier and Lender. Lender may make proof of loss if not made immediately by Mortgagor. ~'994~~.&pt1ll"M.Inc..S\.Ckll.xi.MN n-8OG-3lJ7-234H fo'M~-MTQ-P'A 1'211&194 Bood583PAGE. 367 . v(\ _ (pagB 4 of 61 ~"""'t'm -=_" ,\Jmffi;O; - -~ ~~- , ~, , ',~l",-'''''''_';~''~"'' ,\' I .... Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoralion or repair of Ihe Property or 10 the Secured Debt, whether or IlOt then due, at Lender's. optioll, Any application of proceeds to principal shall not extend or postpone the due date of Ihe scheduled payment nor change the amount of any payment. Any excess will be paid to the Mortgagor. If the Property is acquired by Lender, Mortgagor's tight to any insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass to Lender to the extent of the Secured Debt immediately before the acquisition. 20. ESCROW FOR TA~ AND INSlJRANCE. Unless otherwise provided in a separate agreement, Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow. 21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon request, any financial statement or infonnation Lender may deem reasonably necessary. Mortgagor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider necessary to perfect, continue. and preserve Moltgagor's Obligations under this Security Instrument and Lender's lien status on the Property, . . 22. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Instmment are joint and individual, If Mortgagor signs this Security Instrument but does nOI sign an evidence of debt. Mortgagor does so only to mortgage Mortgagor's interesr in the Property 10 Seture payment of the Secured Debt and Mortgagot does not aglee 10 be personally liable on the Secured Debt. If this Security InstrUment secures a guaranty between Lender and Mortgagor, Mortgagor agrees 10 waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation. These rights may include, but are nOI limited to, any anti-deficiency or one-action laws, Mortgagor agrees that Lender and any party to this Security lostroment may extend, modify or make any change in the teons of this Security Instrument or any evidence of debt without Mortgagor's consent. Such a change will not release Mortgagor from the lennS of this Security InslIumenl. The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Mortgagor and Lender, 23. APPLICABLE LAW; SEVERAllU,ITY; IN1'ERPRETATION. This Security Instmment is governed by the laws of the jurisdiction in which Lender is located, except to the extent otherwise required by the Jaws of the jurisdiction where the Property is located, This Security Instroment is complete and fully integraled. This Security Instrument may not be amended or modified by oral agreemelll, Any section in this Security Instrument, attachments, or any agreement related to the Secured Debt that conflicts willi appliCable law will nol be effective, unless that law expressly or impliedly pennlts the variations by written agreemem. If any section of this Security Instroment cannot be enforced according to its terms, thaI section will be severed and will not affect the enforceability of the remainder of this Security Instrument, Whenever used, the singular shall include the plural and the plural the singular. The captions and headings of the sectioos of this Security Instroment are for convenience only and are not to be used to inteIpret or define the terms of this Security InstrumeJlt. Time is of the essence in . this Seturlty Instrument. 24. NOTICE. Unless otherwise requlred by law, any notice sball be given by delivering it or by mailing it by first class mail to the appropriate party's address 011 page I of this Security lostmmem, or to any other address designated in wridng. Notice to one mortgagor will be deemed to be notice to all mortgagors, 25. WAIVERS. Except to theext,ent prohibited by law, Mortgagor waives any right to appraisement relating to the Property. Q 19914 Oink",.. Sy.tIlM". Ir,e.. St. CbJd. MN n.eOO-311"~23"JI Farm Ae.MTGPA 12/19194 __ ~ vI\ {pogo 5 of 6} ,BooK1583;AGE..3~ p"mt\'Y\ L - h" '<~_ ~ Ii<~ >.\',.,; t~, 26. OTHER TERMS. If checked, the following are applicable to this Seturity ItlStrUlIlent: o Line of Credit, The Secured Debt includes a revolving line of credit provision. Although the Secured Debt may be reduced to a zero balance. this Security Instrument will remain in effect until released, o Construction Loan. This Security Instrument secures an Obligation incutTed for the construction of an improvement on the Property, o Fixture Filing. Mortgagor grantS to Lender a security imerest in all goods tbat Mortgagor owns now or in the future and that an: or will become fixtures related to the Property. This Security Instrument suffices as a financing statement and any carbon, photographic or .other reproduction may be filed of record for purposes of Article'9 of the Uniform Commercial Code, o Purchase Money. This Security Instrument secures advances by Lender used in whole or in part to acquire the Property, Accordingly, this Security InstrUment. and the'lien hereunder, is and sball be construed as a pllIl:base money mortgage with aU of the tights, priorities and benefits thereM under the laws of the Commonwealth of Pennsylvania. o NOTICE TO BORROWER: TIDS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE INTEREST RATE. D Riders. The covenants and' agreements of each of the riders checked below are incorpomted into and supplement and amend the terms of this Security Instrument. [Check all applicable boxes] o Condominium Rider 0 Planned Unit Development Rider 0 Other,.................................................. o Additional Terms. SIGNA WRESt By signing below. Mortgagor, intending to be legally bonnd hereby. agrees to the terms and covenants contained in this Security instrument and in any atta<:hments. Mortgagor also acknowledges receipt of a <:opY of this Security Instrument on the date slated on page 1. ~~rtM-Z~?;?.,....,....!:Ai:! ..,...."....,...."K..,.....,.......,........."'...... 9>:1.; -~ ,<~ A'. ....... ......tJ4. .... ..... , .',(J..~..):J.?:!;?~...... :~tlii~:~'.:~..':::~., ACKNOWLE GMENT: /J OOd Pennsylvania l/~~ . COMMONWEALTH OF .......................................... COUNTY OF ........................ ......... 'f9.Ji' (lolMoW) On this. the ......l.7,th.......... day of .....l\lQlt'~:l;'..19.9,'L..............., before me ..... Jr.::~....i....., th _A. 'oed. ffi naIl ..._......A James M Minder, Margaret M.K. Minder e uuuerslg 0 cer. perso y ap......~ .......................................................................................... .......................................................................................... known to me (or satisfactorily proven) to be the person(s) whose name(s) is subscribed to the within instrUment, and acknowledged that he/she executed the same fur the Purposes therein contained. (Wi......) In wimess whereof. I hereuntO set my hand and official seal. ~ - ;"H;t~;~ " ~(.~1~'WI~~J~~ionexPjres: . 1~~~\..~;' ............~... ~ \'ol>'''' . ~..... '~~'';;!:";;'" .,.'O'"s,@> ..:..........' ....~a................,. ~.$'~Ii.t..~~Slm',~m..,\~i;.~;: . "'t~. .r"P'\W' :;.~ :..,ll\~' " ',fS!j:1f'" -;:~:: 'tt:~~:~; ~~~ :~~ . ~,~. .'~ l~~ .' > ihk'~;~"'''''''''u""""",,,,,,,,,,,,,-,,,,,.,,,,,,,,,,,,,,,,,,,,o .. _.. 'J_ ..~~ '!lfi.' . ..." .li~tHat thuie address of the Lender1 within named is: ...7~.~;~.::~.~::~..:?:;~~:::.~~.~~~:.~~~~............... ~'it..o).; .. _ ....... 1i;.'Rt:LVC s te 118, Camp H'il , .Penusylvcmia 17011 '" r.{i;...m~~-:rd;~::~\~""""'" ......... ... ....u ............ ... ..... ........... .-.......,........ >........................................ ...............u...... lfjIt(i.i'fT;....,.!~.. . ................ ... .........................40.................. No\atlal Seal VlncOlll T. Pinto. NolaJy PublIc Green Tree Som. AlIG\lheny County My C<lmmlsslon Expires May 6, 2002 Member, Pennsylvania AssOCiation 0) Notaries , . C1U4 Bankol'sy.r.ml:l. Inc.. St. Cloud. MN (1'800-397.:34.11 FwmRf-MTG-PA 12/19194 ,aOOk 1583 PAGE. 369 (P6g. 6 o{(il &. ..' ...__,,'__RO . - - ~ I 4. . . Legal Description: " .;;"'.;-- EXIUBIT. A BRIEF LEGAL DESCRIPTION, ALL THAT CERTAIN PROPERTY SITUATED IN THE BOROUGH OF . NEW CUMBERLAND CUMBERLl\ND COUNTY l\ND COMMONWEALTH OP PENNSYl,vANIA BEING MORE FULLY DESCRIBED IN DEED DATED 11/15/96 RECORDED 11/19/96 APPEARING AMONG THE LAND RECORDS. OF THE COUNTY' AND STATE SET FORTH ABO'lE IN DEED BOOK VOLOME 149 PAGE 335 parcel ID, 26-23-0543-140 ..- State of PennSYlvania} County of Cumberland 86 Recorded in the office for the recording of Deads ;:;:~' nd tOIB,~J~ Countv,'i~. II. 800 _ ol._Pa~ wilne V hi a.ea1 01 ollic Q9 Carlisle, PA ' day 0 1!'L:.. ..( ,B~OK 1583 rAGE.. 3ro . CD CD 2: = = N N o c:: :a::;:O:>:l c:>rrto mOO? ;:oom r-~;::J l>m-t z 0';1:1;-:.' C')oN 0""- rn c:oG? :z:rn, -lmm -<0;:0 1Cf) ." :l> -u, :3, """ .:: ~ ... <(,,,,,,,,,-.!II . - -- pennsylvania CO>iSECO FINANCE SERVICING CaRl. o -,',"" , ~~"'n< 1l""'1\ct 91 Notice ref\lpt:. AnWTl.l x)~!)....J5:-l.~ X}i:-{-.: I "'s-...~ ~. CO:-.!SECO, JAMES MINDER 713 HARDING ST NEW CUMBERLAND, PA 17070 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE January 31, 2001 This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific infonnation about the nature of the default is provided in the attached pages, The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) may be able to help to save your home. This Notice explains how the program works, To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DA YS OF THE DATE OF THIS NOTICE, Take this Notice with you when you meet with the Counseling Agency, The name, address and phone number of Consumer Credit Counseling Agencies serving your County are enclosed with this Notice, If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342- 2397, (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal infonnation, 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 attomey in your area, The local bar association may be able to help you find a lawyer. LA NOTIFICION EN ADJUNTO ES DE SUMA IMPORTANCIA,'PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA, 81 NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDlTAMENTE LLAMANDO ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA, PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDlMIR SU HIPOTECA, t \ ~ '31T "BU @ LmnEii \Wt~l:r_1.~_~_ .~ ~. CONSECO CONSECO FISANCE SERVICING CORP. - ; i->.: .... "~Tt.'lk I{n~ld '['..:rnpl.'. ..\m.oll.1 '~5~S;'4'S.. NSS.; r ,.X-.~.~ Date: 1/3 I 10 1 TO: JAMES MINDER 713 HARDING ST NEW CUMBERLAND, PA 17070 34265714 Loan No.: 695613284 Mortgaged Premises: 713 HARDING ST NEW CUMBERLAND, P A 17070 FROM: Conseco Finance Consumer Discount Company YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FIUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAYBE 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 PENNSYL VANIA 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 ASIST ANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE, THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES ---- If you meet with one of the consumer credit counseling agencies listed at the end ofthis 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 counseling agencies for the county in which the property is located are enclosed with 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 LEITER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIA TEL Y AND YOUR APPLICA TlON FOR MORTGAGE ASSISTANCE WILL BE DENIED. @ - C',;)R.l.r"""~~;' ., "< IlIMI ~ CO;-.JSECO. C01'tSECO FINASCE SERV1CI~G CORP. - ~('C S I-:nl,.'l1l.' RII.ld TI.'l1Ipt:. :\riwna S',~K3-.{'I'i.~ S!.'~ . I - ~'-' . AGENCY ACTION ---- Available funds io'r'e'~e;g~n~y mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility critetia established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application, Duting 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 OT BE CONSIDERED AS AN A TIEMPT TO COLLECT THE DEBT, (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance,) HOW TO CURE YOUR MORTGAGE DEFAULT (Bting it up to date), NATURE OF THE DEFAULT ---- The MORTGAGE debt held by the above lender on your property located at: 713 HARDING ST, NEW CUMBERLAND, PA 17070 IS SERIOUSL Y IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due:l1/22/00- $415.37 , 12/22/00-$415.37, 1/22/01-$415.34. Other charges (explain/itemize): NSF Fee: $0,00, Late Charges: $207,05, TOTAL AMOUNTS PAST DUE: 51453,16. B, YOU HA VE FAILED TO TAKE THE FOLLOWING ACTION (Do not use ifnot applicable): HOW TO CURE 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 $1453.16, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD, Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Conseco Finance, 7360 So Kvrene Rd, Tempe. AZ 85253 (do not send cash). You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable,) IF YOU DO NOT CURE THE DEFAULT ---- If you do not cure the default within THIRTY (30) DAYS oflhe date of this Notice, the lender intends to exercise its tights 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, Iffull 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 Shetiffto pay off the mortgage debt. Iflhe 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 actually incurred up to $50,00. However, iflegal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed 550,00. 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 petiod, you will not be required to pay attorney's fees, OTHER LENDER REMEDIES ---- The lender may also sue you personally for the unpaid ptincipal balance and all other sums due under the mortgage, @ rn.;;;R ,t),~,~lf,l1l""--Y ,. ~. CONSECO, CO~SECO FINANCE SERViCI:-.iG CORP. -;('0 S KHt.'lll' Rll;ld rell1!'l'. :\riwml S'S.::.S3-..J.5X.i S:-iS- ~ I ,.X-,i ~ RiGHT TO CURE THE DEFAULT PRiOR TO SHERiFF'S SALE ---- If you have not cured the default within the THIRTY (30) DA Y period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the. Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage, Curing your default in the manner set forth in this notice will restore your mortgager 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 one month 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. 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: Conseco Finance Consumer Discount Company Address: 7360 So Kyrene Road, Tempe, Arizona 85253 Phone Number: 6021333-6000 Fax Number: 602/333-6460 Contact Person: Ruth Hemandez EFFECT OF SHERiFF'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 Sheriffs Sale, a lawsuit to remove you and your fumishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE --- You _ mayor _X_may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attomey's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied, YOU MAY ALSO HAVE THE RiGHT: ---- TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. --- TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF, ---- TO HAVE THE MORTGAGE RESTORED TO THE SAME POSlTlON AS IF NO DEFAULT HAD OCCURRED, IF YPU CURE THE DEFAULT, (HOWEVER, YOU DO NOT HAVE THIS RiGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR,) ---- TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LA WSUlT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. ---- TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER, ---- TO SEEK PROTECTON UNDER THE FEDERAL BANKRUPTCY LAW, Enclosures: Permsylvania Consumer Credit Counseling Agency List cc: Customer File G:r mm '-l""""" ".~. I ~ .. ~, CO;-";SECO.. Pennsylvania CONSECO FINANCE SERVICI:-rG COR~ . -!(,Q S Kyrel1e 1{""1\.ct 91 Notice 11.:11Wl" :\nl.on;\ HFH.:;-,",",:-:., H~S..; I {-.l.!-.:;.~ MARGARET MINDER 713 HARDlNGST NEW CUMBERLAND, PA 17070 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE January 31, 200 I This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose, Specific information about the nature ofthe default is provided in the attached pages, The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency, The name, address and phone number of Consumer Credit Counseling Agencies serving your County are enclosed with this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342- 2397, (Persons with impaired hearing can call (717) 780- 1869). This Notice contains important legal information, If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area, The local bar association rnay be able to help you find a lawyer, LA NOTIFICION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUBS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE 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 PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUBDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. @ UJ.iiijj '." ~ "r' ,~~,.,.~, '~F" - ,- '- ~, COI\iSECO. CO~SECO FI:-JA:-':CE SERVIC[~G CORI'. -.,h<: S "~rl.'lh: RII.hJ TI.'fllp!..', .\rJ/.Ltn.l X ,,:.X "4""i,; S1\S.; I '-'''(-.;.; Date: 1/31/01 TO: MARGARET MINDER 713 HARDING ST NEW CUMBERLAND, PA 17070 3426 5707 Loan No.: 6905613284 Mortgaged Premises: 713 HARDING ST NEW CUMBERLAND, P A 17070 FROM: Conseco Finance Consumer Discount Company 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 MAYBE 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 PENNSYL VANIA HOUSING FINANCE AGENCY, TEMPORARY STA Y OF FORECLOSURE ---- Under the Act, you are entitled to a temporary stay offoreclosure on your mortgage for thirty (30) days from the date oflhis 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 ASISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE, THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE, CONSUMER CREDIT COUNSELING AGENCIES ---- If you meet with one oflhe consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days afier the date of this meeting, The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are enclosed with 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 APPLICA nON 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, @ UMJ8i "-r-- -. "~ ~ ^.. ~. CONSECO, COSSECO FINANCE SERVICING CORP. :- H,o I.) "Hl'nt,' [{!l,lt! Tt.'lllPL'. Ariwn:l XF~.'-..J5H3 XX:-l-~ r ,.M-~; 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 OT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT, (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date), NATURE OF THE DEFAULT ---- The MORTGAGE debt held by the above lender on your property located at: 713 HARDING ST, NEW CUMBERLAND, PA 17070 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:II/22/00- $415,37 ,12/22/00-$415,37, 1/22/01-$415.37, Other charges (explain/itemize): NSF Fee: $0,00, Late Charges: $207 ,05, TOTAL AMOUNTS PAST DUE: $1453,16, B, YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use ifnot applicable): HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS ofthe date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1453,16, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD, Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Conseco Finance, 7360 So Kvrene Rd, Tempe AZ 85253 (do not send cash), You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this Jetter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT --- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance ofthis 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 offthe mortgage debt. Ifthe 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 actually incurred up to $50,00, However, if legal proceedings are started against you, you will have to pay all reasonable attorney's 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 __n The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. G:r iiNofil ':;"~1 .,~ ,< 1- ~,. CO:-.lSECO. CO:-.lSECO FINANCE SERVICI:-lG CORP. -~('o Ii "yn.'no.: Ro.!d Tl'Illj'l', ,-\riwn:1 H5=-S.~'..J.5'i,~ ~HX.~ I ,.:-I-~ ~ RlGHTTO CURE THE DEFAULT PRlOR TO SHERlFF'S SALE ----If you have not cured the default within the THIRTY (30) DA Y 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. Vou 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 mortgager to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERlFF'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 one month from the date ofthis Notice. A notice of the actual date of the Sheriff's 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: Conseco Finance Consumer Discount Company Address: 7360 So Kyrene Road, Tempe, Arizona 85253 Phone Number: 602/333-6000 Fax Number: 602/333-6460 Contact Person: Ruth Hernandez EFFECT OF SHERlFF'S SALE ---- You should realize that a Sheriff's Sale will end your ownership of the mortgaged properly 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 ---- You _ mayor _X_may not (CHECK ONE) 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 ALSO HAVE THE RlGHT: ---- TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF TIllS DEBT, ---- TO HAVE THlS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. ---- TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEF AUL T, (HOWEVER, YOU DO NOT HAVE THIS RlGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR,) .--- TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, ---- TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER, ---- TO SEEK PROTECTON UNDER THE FEDERAL BANKRUPTCY LAW, Enclosures: Pennsylvania Consumer Credit Counseling Agency List cc: Customer File @ Wm"ER . 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