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HomeMy WebLinkAbout07-1542THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein / I.D. No. 53002 Kristen D. Little ! I.D. No. 79992 Jacqueline F. McNally / I.D. No. 201332 425 Commerce Drive, Suite 100 File No. 04-11995 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff U.S. BANK NATIONAL ASSOCIATION, as Trustee of CSFB ABS Trust Series HEAT 2002-3, Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. O 1 - l Syk V. JOHN C. STREMMEL AND MARY J. STREMMEL, Defendants. CIVIL ACTION -- COMPLAINT IN 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 ANDNOTICE 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. NOTICIA LE RAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE (20) DIAS DE PLAZO A PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS ENCONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION O POR CUALQIER QUEJA O ALIVIO QUE ESPEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO, SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service (717) 249-3166 Cumberland County Bar Association (800) 990-9108 32 South Bedford Street Carlisle, P A 17013 LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. Sl NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE PARA PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE USTED PUEDE CONSEGUI . ASISTENCIA LEGAL. Lawyer Referral Service (717) 249-3166 Cumberland County Bar Association (800) 990-9108 32 South Bedford Street Carlisle, P A 17013 NOTICE REQUIRED UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1601 (AS AMENDED) AND THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA. CON. STAT. ANN. § 201, ET SEQ. ("THE ACTS") To the extent the Acts may apply, please be advised of the following: 1. The amount of the original debt is stated in the Complaint attached hereto. 2. The Plaintiff who is named in the attached Complaint and/or its loan servicing agents are Creditors to whom the debt is owed. 3. The debt described in the Complaint attached hereto and evidenced by the copies of the mortgage and note will be assumed to be valid by the Creditor's law firm, unless the Debtors/Mortgagors, within thirty days after receipt of this notice, dispute, in writing, the validity of the debt or some portion thereof. 4. If the Debtors/Mortgagors notify the Creditor's law firm in writing within thirty days of the receipt of this notice that the debt or any portion thereof is disputed, the Creditor's law firm will obtain verification of the debt and a copy of the verification will be mailed to the Debtor by the Creditor's law firm. 5. If the Creditor who is named as Plaintiff in the attached Complaint is not the original Creditor, and if the Debtor/Mortgagor makes written request to the Creditor's law firm within thirty days from the receipt of this notice, the name and address of the original Creditor will be mailed to the Debtor by the Creditor's law firm. 6. Written request should be addressed to: THE LAW OFFICES OF BARBARA A. FEIN, P.C. Attention: Kristen D. Little, Esquire 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 *THIS LETTER MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE 1. (a) The Plaintiff, U. S. Bank National Association, as Trustee of CSFB ABS Trust Series HEAT 2002-3, is the holder of a mortgage as below described. (b) Select Portfolio Servicing, Inc., is a corporation having been organized under the laws of the State of Utah and having its principal place of business at 3815 South West Temple, Salt Lake City, UT 84115. (c) Select Portfolio Servicing, Inc. is the loan servicing agent for Plaintiff, maintaining the business records for the Plaintiff/ Mortgagee in the ordinary course and scope of business. 2. (a) Defendant John C. Stremmel is an individual whose last known address is 978 Pinetown Road, Lewisberry, PA 17339. (b) Defendant Mary J. Stremmel is an individual whose last known address is 978 Pinetown Road, Lewisberry, PA 17339. (c) Defendant John C. Stremmel holds an interest in the subject property as both a Real Owner and Mortgagor. (d) Defendant Mary J. Stremmel holds an interest in the subject property as both a Real Owner and Mortgagor. (e) If either of the above named Defendants are deceased, this action shall proceed against the deceased Defendant's heirs, assigns, successors, administrators, personal representatives and/or executors through the estate whether the estate is probated. 3. (a) The residential mortgage being foreclosed upon is secured by property located at 400- 402 S. York Street, within the Borough of Mechanicsburg, Cumberland County, Pennsylvania. (b) All documents evidencing the residential mortgage have been recorded in the Recorder of Deeds' Office in Cumberland County, Pennsylvania. (c) The Mortgage was executed on April 22, 2002 and was recorded on April 25, 2002 in Mortgage Book 1726, at Page 2678. (d) The legal description for this parcel is attached and incorporated as Exhibit "A" (Mortgaged Premises). (e) The herein named Plaintiff has standing to bring the instant action by virtue of Assignments of Mortgage, duly and publicly recorded as below: Assignor: Fremont Investment & Loan Assignee: U.S. Bank National Association, as Trustee of CSFB ABS Trust Series HEAT 2002-3 Recording Date: September 22, 2003 (Assignment) Book: 701 At Page: 4943 (f) By virtue of Pennsylvania Rules of Civil Procedure Rule 1147 (1) and 1019(g), and on the basis of environmental responsibility, Plaintiff is not obliged to append copies of the above mentioned publicly recorded documents to this mortgage foreclosure action. These documents are, however, appended hereto and incorporated herein by reference as Exhibit "B". 4. The mortgage is in default because the Defendants above named failed to timely tender the monthly payment of $1,348.14 on January 1, 2006, and thereafter failed to make the monthly payments. 5 accelerated. As authorized under the mortgage instrument, the loan obligation has been 6. Plaintiff seeks entry of judgment in rem on the following sums: (a) Principal balance of mortgage due and owing $116,379.51 (b) Interest due and owing at the rate of 13.50% $20,232.95 calculated from the default date above stated through March 16, 2007 Interest will continue to accrue at the per diem rate of $42.81 through the date on which judgment in rem is entered in Plaintiffs favor. (c) Late Charges due and owing under the Note $202.23 in accordance with the Mortgage Instrument (d) Non-Sufficient Fund Charges (NSF) $40.00 (e) Other fees due and owing under the loan documents $7.96 (f) Recoverable Corporate Advances $1,930.03 (g) Suspense Balance < $1,188.21 > (h) Court Costs and fees as recoverable under the mortgage terms, estimated 300.00 (i) Attorneys' fees $5,818.98 Calculated as 5% of the principal balance due, in accordance with the mortgage terms TOTAL IN REM JUDGMENT SOUGHT BY PLAINTIFF $143,723.45 7. (a) The attorneys' fees set forth as recoverable at Paragraph 6(i) are in conformity with Pennsylvania law and the terms of the mortgage, and will be collected in the event of a third- party purchaser at a Sheriffs Sale only. (b) If the mortgage arrears are to be reinstated or paid-off prior to the Sheriffs Sale, Plaintiff s actual attorneys' fees (calculated at counsel's hourly rate) will be charged based upon work actually performed. 8. (a) The original principal balance of the Mortgage is more than Fifty Thousand ($50,000.00) Dollars. (b) Under ACT 6, 41 P.S. §101, et seq., Plaintiff Mortgagee is not obliged to serve Notice of its Intention to Accelerate the Mortgage by certified mailing prior to its instituting foreclosure proceedings. 9. (a) The subject mortgage is governed by ACT 91 of 1983 35 P.S. § 1840.401 C, et seq.. (b) Under Pennsylvania's ACT 91, Plaintiff Mortgagee is obligated to serve the Defendants with notice of their rights under the "Homeowners Emergency Mortgage Assistance Program", by regular mailing, prior to initiating foreclosure proceedings. (c) The Defendants have failed to make a timely application for financial assistance with the Pennsylvania Housing Finance Agency. 7. (a) The attorneys' fees set forth as recoverable at Paragraph 6(1) are in conformity with Pennsylvania law and the terms of the mortgage, and will be collected in the event of a third- party purchaser at a Sheriffs Sale only. (b) If the mortgage arrears are to be reinstated or paid-off prior to the Sheriffs Sale, Plaintiff s actual attorneys' fees (calculated at counsel's hourly rate) will be charged based upon work actually performed. 8. (a) The original principal balance of the Mortgage is more than Fifty Thousand ($50,000.00) Dollars. (b) Under ACT 6, 41 P. S. §101, et seq., Plaintiff Mortgagee is not obliged to serve Notice of its Intention to Accelerate the Mortgage by certified mailing prior to its instituting foreclosure proceedings. 9. (a) The subject mortgage is governed by ACT 91 of 1983 35 P.S. § 1840.401 C, et seq.. (b) Under Pennsylvania's ACT 91, Plaintiff Mortgagee is obligated to serve the Defendants with notice of their rights under the "Homeowners Emergency Mortgage Assistance Program", by regular mailing, prior to initiating foreclosure proceedings. (c) The Defendants have failed to make a timely application for financial assistance with the Pennsylvania Housing Finance Agency. WHEREFORE, the Plaintiff, U.S. Bank National Association, as Trustee of CSFB ABS Trust Series HEAT 2002-3, demands: -- Entry of Judgment In Rem against the Defendants above named in the total amount of $143,723.45 as stated Paragraph 6, plus all additional interest and late charges accruing through date of judgment entry; and -- Foreclosure and Sheriffs Sale of the subject mortgaged property. Respectfully Submitted, THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: I 1-t? L /Z-- Barbara A. Fein, Esquire Attorney for Plaintiff Attorney I.D. No. 53002 AIL THAT CERTAIN lot of ground situate on the West side of South York Street, in the Fifth Ward of the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: 813GIMING at wrner of South York and West Coover Streets; thence by said South York Street, Southward seventy (70) feet to corner of Lot No. 47; thence by said lot, Westward one hundred and eighteen (118) feet, more or less, to a twenty (20) foot public alley; thence by said alley, Northward eighty (80) feet to West Coover Street; thence by said sawt, Eastward one hundred and twenty-one (121) feet, more or loss, to the place of beginning. BEING Lots Nos. 43 and 45 of the General Plan as made by the heirs of John Coover, dccmised. HAVING thereon erected a double frame dwelling house known as 400 and 402 South York Street and two apartments and garages an the rear and other small outbuildings. Tax Map #24-0755, Parcel 322 ? EX IT • 4 Prepared By: Return To: BARBARA LICON FREMONT INVESTMENT & LOAN P.O. BOX 14242 ORANGE, CA 92863 Parcel Number: 20-24-0785-322 5000039434 !Space Above This t.lne For Recording Data] MORTGAGE DEFINITIONS words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11. 13. 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated April 22, 2002 together with all Riders to this document. (8) "Borrower" is JOHN C STRENNEL AND NARY J STREMMEL, HUSBAND AND WIFE 174518 000376LI1 h III 1 11 1 ill Borrower is the mortgagor under this Security Instrument. (C) "Lender" is FREMONT INVESTMENT A LOAN Under is a CORPORATION PENNSYLVANIA - Single Family - Fannie Mae/Fraddle Mac UNIFORM INSTRUMENT .-, Form 3039 1101 -G(PA) toooe) Papa 1 of 18 Ini:lali! VNP MonrGAGE FcAus • face )'IZ • • organized and existing under the laws of CALIFORNIA Under's address is 175 N. RIVERVIEW DRIVE, ANAHEIM CA 92808 Lender is the mortgagce under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated Apr i 1 22, 2002 The Note states that Borrower owes Lender One Hundred Seventeen Thousand , Seven Hundred and No/100 ---------------------------------- Dollars N.s. s 117,700.00 } plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than May 1, 2032 (E) "Property" means the properly that is described below under the heading "Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by the Vote, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (C) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower (check box as applicable): ® Adjustable Rate Rider El Condominium Rider Q Second Home Rider ? Balloon Rider Planned Unit Development Rider * 14 Family Rider ? VA Rider H Biweekly Payment Rider other(s) [specify) (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that arc imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (3) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for. (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (a) any amounts under Section 3 of this Security Instrument. ' Ir;tiilS:? (0-G(PA)(oooe) Page zor16 / Form 3039 1/01 (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500). as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS W THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (d) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby rortgage, grant and convey to Lender the following described property located in the County [Type of Recording Jurisdiction] of CUMBERLAND (Name of Recording Jurisdiction]: See Attached which currently has the address of 400-402 S YORK ST (street] MECHANICSBURG (Cityj,Pennsylvania 17055 lLipCodel ("Property Address"): TOGE'T'HER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Irilials:, ' Q 6(PA) toooat Page 3 a: 16 / Form 3039 1101 s ? BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the tide to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform eoventutts with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the :vote and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender. (a) cash; (b) money order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the I= current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted, if each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal-due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applies] to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in << j/t InUals: f n ®s(PA)eooae) *age a, 16 Form 3032 1!01 full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Vote. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full. a sum (the "Funds") to provide for payment of amounts due for. (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. T'hcse items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law, 7be Funds shall be held in an institution whose deposits arc insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds. Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the MM(PA) (Coos) 'Calais: Pago s of is Form 3039 1101 0 0 Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA. Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defned under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall prompdy refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay till taxes, assessments, charges, frees. and impositions attributable to the Property which can attain priority over this Security Instrument, Ieasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the ben or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. "Ile insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either. (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. /r' ^ ?? 6(PA) (Coos) inaia?o Page Bot 18 ? Form 3039 1101 0 0 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal cenificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unlcvs Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Gender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Station 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. Ir ltiali: r -G(PA) coocej Page 7 of to % Form 3039 1:01 0 0 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed w provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to. representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by alien which has priority over M Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. ( 6(PA) toooej Page 8a'. 16 J Form 3039 1/Ot 0 0 Any amounts disbursed by Lender under this section 9 shall become additional debt of Borrower by this Securi 'nsumcnL These d b? ment and hall be payablewith such tinterest, upon no interest at Lthe ender rate from the date of payment, der to Borrower requesting If this Security instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. Borrower fee titl agrees to the me guires er in writing to the Property. the leasehold and the fee title shall not merge unless Lender 10. Mortgage Insurance, If Lender required Mortgage Insurance as a condition of Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, ,ffor any reason, the the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to stake se toward the premiums for Mortgage Insurance, Borrower shall the DIY designated payments substantially equivalent to the Mortgage Insurance pay premiums required to obtain coverage the cost to Borrower of the Mortgage Insurance previously in effect, at a cost substantially equivalent to selected by Lender. If substantially equivalent Mortgage Insurance previously in effect, from an altematc mortgage insurer continue to pay to Lender the am untt of the separately designated payments that were due wlhen tinsurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to on such loss reserve. Lender can no longer pay Borrower any interest or earnings the amount and for the period that Lender requires) loss reserve payments if Mortgage Insurance coverage (in available, is obtained, and Lender wires eq ) provided by an insurer selected by Lender again becomes Insurance. If Lander required er e separately designated payments toward the premiums for Mortgage required make ortgag Insurance as a condition of making the Loan and Borrower was separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the dote. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses'it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mort Mortgage insurers evaluate their total risk on all such insurance in force from time to ttim and may enter into agreements with other parties that share or modify their risk, on terms and conditions that are satisfactory to the mortgage insurer and the other parry (or ponies) to these that the mortgage insurer may ha e available (who ch age iurer to mays include funds obtained from Mortgage I surance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsures, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Morgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk; in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (0 CPA) (oaae) page 0 of i6 pmt a s: Form 3039 1/91 0 • (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period. Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken rom tl . Lender may restoration in a single disbursement or in a series of progress payments as the work u completedrUn1 ss and agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Parry (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Leader's judgment, precludes forfeiture of the Property or other material impairment of n't?afa; (M 6(PA) rooos) Page to of 16 ? ? Form 3039 1/01 i i Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-si;ners; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the property under the terms of this Security Instrument (b) is not personally obligated to pay the sums secured by this Security Instrument and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the temts of this Security 1n&3rument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender. shall obtain all of Borrower's rights and benefits under this Security Instrument Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. I?ah: J M® G(PA) moooet Page 1 1 or is Form 3039 1;01 0 0 IS. Notices. Ail notices given by Borrower or Lender in connection with this Security instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by fast class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by fast class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severabiiity; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such confect shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender. (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of tide by Borrower at a future date to a purchaser. If all or any part of the property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 34 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the carlicst of: (a) rive days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower. (a) pays Lender all sums which then would be due under this Security Instrument and the vote as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all ?'1 s ?rllafs: (M G(PA) tooce) Pago 12 of 16 - Form 3039 t/Ot • expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender. (a) cash; (b) money order, (c) wed check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Now (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Serviccr, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Vote is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Scrvicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and haws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. `7T ,i iriaalt: (M-6(PA) loooat Pape :30116 / Form 3039 1/01 0 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shaU promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private parry involving the property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private parry, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Caw. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things. (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existeoce of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument. but only if the foe is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff s We or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. oe nnlaia: ,Y 6 ?? -6(PA) tooaet Dap :e of t8 Form 3039 1/01 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: _ (Seal) -Borrower (Seal) JOHN C TREMMEL -Borrower 1 N-IW/,w (Seal) l -Borrower _ (Seal) -Borrower (Seal) -Borrower _ (Seal) -Borrower (Seal) -Borrower _ (Seal) Borrower (0m 6(PA) toooe; 0890150116 Form 3039 1101 Certificate of Residence I, S pia r c ,, L 1 14)?e?5 , do hereby certify that the correct address of the within-named Mortgagee is 1Q 1? 1%J r V r t ?. J Y I t, c r? ?-I G V-,.e , m C A `j 2 i0f Witness my hand this 2 Z day of ?l 1 uv L Agent of Mortgagee COMMONWEALTH OF FENNSYLVkNIA, On this, the . day of undersigned officer, personally appeared C ::T?hr\ Gytkt mQk County ss: , before me, the known to me (or satisfactorily Proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. 1N WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: NOTARIAL SEAL HWI HER A. FEESER. NOTARY PUBLIC MANCHESTER, YORK COUNTY, PA MY COMMISSION EXPIRES DEC. 12.2006 -S(PA) ;oooal m Title of Officer gage 1601 ;6 r tna:ais: Form 3039 1101 9DJUSTARLE RATE NO* (LIBOR Index - Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. April 22, 2002 IUatcl 400-402 S YORK STREET ANAHEIM, CA 92808 (City) MECHANICSBURG, PA 17055 11%puty AdJres3l ISrerel 1. BORROWER'S PROMISE TO PAY In return fora ban that I have received. I promise to pay U.S. S 117,7`00.00 (this amount is called 'Principal"), plus itatcrest, to the order of the Lender. The Lender Is FREMONT INVESTMENT I4 LOAN I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The lender or anyone who takes this Note by transfer and who is cntidcd to receive payments under this Note is Called the "Note Holder." Interest will be charged on unpaid principal until the full amount of Principal has boat paid. I will pay interest at a yearly rasa of 13.500 %. 713e Interest rata 1 will pay may change in accordance with Section 4 of this Nom. The interest rate required by this Section 2 and Section 4 of this Now is the rate I will pay both before and after any default described in Section 7(0) of this Note. 3. PAYMKWfS (A) Time and Place or Payments I will pay principal and inrcrest by making a payment every month. I will make. my monthly payments on the first day of each month beginning on Juno 1, 2002 I will make dxn payments every month until I have paid all of rho principal and hiteresl and any outer charges described below that I may owe under this Note. Each moodily payment will be applied as of its scheduled due date and will be applied io interest before Principal. If, on May 1. 2032 ,1 still owe amounts under this Nola, I will pay those amounts in full on that date, which is called the "Maturity aita." Iwill make mymonthly paymentsat 175 N. RIVERVIEW DRIVE, ANAHEIM CA 92808 or at a dif fcrent place if requited by the Note Holder. (H) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. S 1,348.16 . This arnount may change. (C) Monthly Payment Changes Changes in my uaoathly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must ply. 'Me Note I Iolder will determine my new interest rate and the changed amount of my moodily payment in accurdantx with Section 4 of this Note. 1111111111111111111111 174518 0003767258 W. aosueca MULTISTATE ADJUSTABLE RATE NOTE - LIBOR INDEX . Slnple ramny - rroouou i us; ..n„ )RM INSTRUMENT Form 85901101 (04; 815N (00m).0I VMPMORTCAM FORMS P3y• t at 4 tacels2r•7, tau 1111111111 11 90/20 'd 'ON XVJ Wd 05;Z0 NOW ZO-ZZ ddd 4. INTERF.S'P RA'I'N: AI MONTIILY PAYMENT CHANGES (A) Change t)utcS The interest t2e I will pay may change on the iirst day of May 1, 2004 , turd oil that day every sixth inonth hereafter. Each date on which my interest rate could change is called a "Change Dare." (B) The Index Beginning with tlk lust Change Date, my interest rate will be basexl on an Index. The "Index" is the average of interbank offered rates for six-month U.S. dollar-denominated deposits is the Loudon market ("LIBOR"), as published in The; Wall Strcct Journal. The most rent Index figure available 45 days before each Change Date is called the "Current ludex.' If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Culculation of changes Before ix?cIt Change Date, the Note Holden will olculate my new interest rate by adding Six and Ninety-Nine Hundredths percentage; points ( 6.9900 %) to the Current Index. The; Note Holder will then numd the resuJt of this addition to the nearest onc-eighth of one percentage point (0.1250. Subject to the limits stated in Sectimt 4(D) below, this rounded amount will he my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly parnent that would be sufficient to repay the wipaid principal that 1 am expected to owe at the Change Date in full on the Maturity Date at my new Interest rate in'substantially txluul paynicsits. The result of this calculation will be the new amount of my monthly payment. (1)) Minks on Interest Prole Changes The Interest rate I am required to pay at the first Change Date will not be greater than 16.500 % or less than 13.5000 S. Thereafter, my interest rate will never be increased or decreased on any subscllucal Change Dale by mtore: than 1.5000 from the rate of interest I have been paying for the preceding period. My interest rate will never be greater than 20.5000 % or legs than 13.5000 %. (E) Hffmtitive Dale of Changes My new interest rate will become effective on each Change Date. I will pay the amount of toy new monthly payment beginning on (tie first monthly payment date after the Change Date unlit the aitount of my monthly payment changes again. (F) Notice of Changes The Note Ho1Jcr will deliver or mail to M a notice of any changes in my interest rate and the amount of my monthly payment before the effletive date of any change. Ilse notice will include information required by 12w to be given to me and also the title and telephone number of a person who will answer any question 1 may have regarding the nuliee. 5. BORROWER'S RIGHT TO PREPAY *SEE PREPAYMENT RIDER ATTACHED HERETO AND MADE A PART HERETF• I have the right to soaks payments of 'Principal at any (line before they are due. A payinent of Principal only is known as a Prepayment. When I nuke a Prepayment. I will tell the Note Holder in writing that I am doing so. i may not designate a payment as a Prepayment if I have not made all the monthly payments clue: under the Note. I tray make a full Prcpaymcttl or partial Prepayments without paying any Prepaynttan charge. llte Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, she Note Ilolder may apply my Prepayment to the accrued and unpaid interest on the Prepaymcrit amount before applying my Prepayment to nxluce the Principal amount of the Note. If I make a partial Prepayment. there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prcpayrrx:nt, However, any reduction dun: to my partial Prepayment tray be offset by an interest talc increase. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally intorincted so that the interest or oilier loan charges collected or to be collected in connection with this loan exceml the permitted limits, then: (a) any such loan charge shall be reduced by tho amount nece=try to reduce the charge to the perntiued llink; and (b) any suns already collated from nee which exceeded permitted limits will be refunded to roc. The Note Holder may choose to make this refund by reducing the Principal 1 owe under this Note or by staking a direct payutcut tQ nee. If a refund reduces Principal, the reduction will be treated as a partial prepayment. 1815N2MS 01/01 Pago 2 of 4 1114411 90/1:0 'd 'ON M Wd 05: ZO NOW ZO=ZZ-add 7. BORROWER'S VAILURE, TAY AS ORQUIRRI) (A) Late Charges for Overdue 11dymeals If the Note Holder Ins not received die full amount of any monthly payment by the end of 15 calendar days after the disc it is due, I will pay a late charge to the Note Holder. 7'hc amount of tho charge will be 6.0 % of my overdue payment of principal and interest. I will pay this laic charge promptly but only once on each late payment. (B) Default )f 1 tlo not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Defmatt If 121111 in dcfault, the Note I(older may send me a written nodec telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the aerie on which the notice is tntiled to me or delivered by other means. (U) No Waiver By Note Holder Even if, nt a line 1 am in default, the NOW Holder does ant raluir: me to pay immediately in full its described above, the Note Holder will still have the right to do so if 1 am in default at a later time. (F.) Payment of Note Illttlder's Costa and Expenses It the Note Holder has required trio to pay in full as described above, the Note [folder will have the right to be paid back by me for all of its costs and expenses in enfaming this Note to the extent not prohibited by applicable law. Those cxpmws include, for example, reasonable attorneys' fees. S. GIVJNG OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note wal be given by delivering it or by !nailing it by first clays mail to me at the Property Address above or at a diRorcnt address if I give the Note Iiolda a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by autiling it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if 1 am given a notice of that difGxerit address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note. Cash person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do those things. Any person who takes over these obligations, including the obligations of a guarantor, surely or endorser of this Note. is also obligated to keep all of dhe promises made in this Note. The Note }folder may cafmce its rights under this Note against each pctson individually or against all of us together. This means that any one of us tray be required to pay all of the amounts awed under this Note. t0. WAIVERS I and any obis( person who hits obligations unda this Note waive the rights of Presentment and Notice; of Dishonor. "Prescnuncnt" means the right to require the Note Hotter to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that arnounts due have not bush paid. 11. UNIFORM SECURED NOTE This Now is a uniform instrument with limited variations in sonic jutisdictioas. In addition to the protections given to the Pole Holder under this Note, a Mortgage. Deed of Trust, or Security Deed (tic "Security Instrument"), dated the same dice as this Note, protects }lac Note bolder from possible losses which might result if I do not keep the promises that I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions atc described as follows: (0•91SN toaa,,) o? Pago 7 014 17 m 5?0t t Inkla4• 90/60 'd 'ON Xd? Wd OS:eO NOW 20-eelh Transfer of the Property oT'k Beneficial Interest itt Borrower. If all or any ? cif the Property or any Interest in the Property is sold to transferred (or if Borrower is not a natural person and a beneficial interest in Burrower is sold or transferred) wilhout Lender's prior written consent, Lender may require immediate paymcat in full of all sums secured by tlils Security Instrument. llow;wtx, this option shall not be exercised by Lender if such exercise is prohibilat by Applicable Law. Loader also shall not exercise this optiou if, (a) Borrower causes to he submined to Lender information required by Lender to evaluate the intended transferee as if a now loan were being made to the transferee; and (h) Laufer reasonably determines that Lender's security will not be impaired by the loan assumption and chill the risk of a breach or any covenant or agrecinent in this Security Instrument is acceptable to Lender. To the extent pemiiucd by Applicable Law, Leader tray charge a reasonable [cc as a coudition to Lender's consait to the loan assumption. Lender may also require the transfctce to sign an assumption agreement that is neceplable to Lender and flint obligates the transferee to kup all the promises and agroements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and Ws Security Instrument unless Leader releases Borrower in wtiting. If Laxler cxciciscs Qto option to require iuuncdime payment in full, Umder shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days front the date the notice is giveu in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay tlicsc scans ptior to the expiration of Wis period, Lander may invoke any remedies permitted by this Security fnstrumcnt without fwdu!r notice or demand on Borrower. .SEE PREPAYMENT RIDER ATTACHED HERETO AND MADE A PART HEREOF. WITNESS THE II D(S) AND SEAL(S) OF THE UNDERSIGNED. (sue) -(Seal) JO REMMEL -Rorrawer -Horrower V (Seal) --- -Horrower (Seal) -Borrower _ (Seal) -natowet -(Seal) -Hormwer __ (Scat) -Rormwer ._ (Still) -Hortower (Sign Original Onlyj 815N (0005) of Papa 4 0 4 Form 95901101 90/90 'd 'ON Xdj Wd I5:80 NOW ZO-?Z-add VERIFICATION The undersigned, an officer of Fidelity National Foreclosure Duly Authorized Officers on Behalf of Select Portfolio Servicing Inc. the instant Plaintiff, or its servicing agent, being authorized to make this Verification on behalf of Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are taken from the records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Dated: YE:?4 14 Zv 07 N e rcl- W%IL &n Title S Lf-W v t 5 tr Company: Fidelity National Foreclosure Duly Authorized Officers on Behalf of Select Portfolio Servicing, Inc. SI` C Flip _- ^J N r, C> ^r'rii7 4` L T.r V C.J THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire / I.D. No. 79992 Jacqueline F. McNally, Esq. / I.D. No. 201332 Suite 100, 425 Commerce Drive Fort Washington, PA 19034 (215) 653-7450 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION, as Trustee of CSFB ABS Trust Series HEAT 2002-3, Plaintiff, V. JOHN C. STREMMEL AND MARY J. STREMMEL, Defendants. File No. 04-11995 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-1542 Civil Term PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND FOR ASSESSMENT OF DAMAGES Kindly enter judgment for $146,249.24 in favor of the Plaintiff, U.S. Bank National Association, as Trustee of CSFB ABS Trust Series HEAT 2002-3, and against the Defendants, John C. Stremmel and Mary J. Stremmel , for failure to file an Answer to Plaintiffs Complaint in Mortgage Foreclosure within twenty (20) days from service thereof and assess Plaintiffs damages as follows and calculated from those set forth in the Complaint. Principal balance of mortgage Interest due and owing at the rate of 13.50% calculated from the default date through May 14, 2007 Late Charges due and owing under of the Note in accordance with the Mortgage Instrument Non-Sufficient Fund Charges (NSF) Other fees due and owing under the loan documents Recoverable Corporate Advances Suspense Balance Property inspections Court Costs and fees Attorneys' fees $116,379.51 22,758.74 202.23 40.00 7.96 1,930.03 < 1,188.21 > 40.00 300.00 5,818.98 TOTAL IN REM JUDGMENT TO BE ENTERED $146,249.24 TOTAL IN REM JUDGMENT TO BE ENTERED $146,249.24 THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: Barbara A. Fein, Esquire AND NOW, judgment is entered in favor of the Plaintiff, U.S. Bank National Association, as Trustee of CSFB ABS Trust Series HEAT 2002-3 and against the Defendants, John C. Stremmel and Mary J. Stremmel , and damages are assessed as above in the sum of $146,249.24. Pro. Prothonotary IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, as Trustee of CSFB ABS Trust Series HEAT 2002-3, Plaintiff, V. JOHN C. STREMMEL AND MARY J. STREMMEL, Defendants. NO. Cn -- lSu a 0i\1 t+ 11,r-m AFFIDAVIT OF NON-MILITARY SERVICE STATE OF MINNESOTA COUNTY OF DAKOTA s.s.: The undersigned, an authorized officer of Select Portfolio Servicing, Inc., loan servicing agent for Plaintiff, being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein named and that the above named Defendants are not in the Military or Naval Service of the United States of America or its Allies as defined under the Soldiers and Sailors Civil Relief Act of 1940, as amended, and that the age and last known residence and employment of each Defendant are as follows: Defendant John C. Stremmel Age Over 18 Residence 978 Pinetown Road, Lewisberry, PA 17339 Employment Unknown Defendant Age Residence Employment Mary J. Stremmel Over 18 978 Pinetown Road, Lewisberry, PA 17339 Unknown Select Portfolio Servicing, Inc., Loan Servicing Agent for Plaintiff Sworn to an subscribed before me thi 2'" 6v of c D J N NAME: TITLE:Q 14 my JAMES C. MORRIS NOTARY PUBLIC. MINNESOTA MY COMMISSION EXPIRES JAN. 31, 2 0 0 9 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire / I.D. No. 79992 Jacqueline F. McNally / I.D. No. 201332 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff U.S. BANK NATIONAL ASSOCIATION, as Trustee of CSFB ABS Trust Series HEAT 2002-3, Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-1542 Civil Term V. JOHN C. STREMMEL and MARY J. STREMMEL, Defendants. CERTIFICATION OF MAILING OF NOTICE UNDER PA. RCP RULE 237.1 The undersigned hereby certifies that a written Notice of Intention to File a Praecipe for the Entry of Default Judgment was mailed to the Defendant(s) and/or to their legal counsel of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe. Said Notice was sent on the date set forth in the appended copy of the Notice, sent as stated. Dated: May 1, 2007 John C. Stremmel Mary J. Stremmel 978 Pinetown Road 978 Pinetown Road Lewisberry, PA 17339 Lewisberry, PA 17339 THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: Barbara A. Fein, Esquir Attorney for Plaintiff Attorney I.D. No. 53002 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DO PROVIDE FOR INSURANCE-POSTMASTER in stamps age and quire of r current Received From: TNF LA OFF;GES OF UN(T 425 GO IMEI= GE R FURT ASH GT N, PA 1 0 . o d t ? o: One piece of ordinary mail addresse >O 9 O Q t 0 47 ' M O ?-7 o ?? 1 t7? W ? cy PS Form 3817, January 2001 LJ 2 in stamps age and luire of r current UNIT S ¦ 1!11 12 I{ ' f II A ? N PS Form January 2001 NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tomado la accion requirida de su parte en este case. Al no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o flame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Lawyer Referral Service (717) 249-3166 Cumberland County Bar Association (800) 990-9108 32 South Bedford Street Carlisle, P A 17013 Date of Notice: May 1, 2007 PERSONS SERVED: John C. Stremmel Mary J. Stremmel 978 Pinetown Road 978 Pinetown Road Lewisberry, PA 17339 Lewisberry, PA 17339 THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY:nn??.o Barbara A. Fein, Esqui? Attorney for Plaintiff Attorney I.D. No. 53002 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire / I.D. No. 79992 Jacqueline F. McNally / I.D. No. 201332 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff U.S. BANK NATIONAL ASSOCIATION, as Trustee of CSFB ABS Trust Series HEAT 2002-3, Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-1542 Civil Term V. JOHN C. STREMMEL and MARY J. STREMMEL, Defendants. NOTICE OF INTENTION TO TAKE DEFAULT UNDER PA. RCP RULE 237.1 IMPORTANT NOTICE You are in default because you have failed to take action required of you in this case. Unless you act within ten (10) days from the date of this notice as set forth below, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Lawyer Referral Service (717) 249-3166 Cumberland County Bar Association (800) 990-9108 32 South Bedford Street Carlisle, P A 17013 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire ! I.D. No. 79992 Jacqueline F. McNally, Esq. / I.D. No. 201332 Suite 100, 425 Commerce Drive Fort Washington, PA 19034 (215) 653-7450 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION, as Trustee of CSFB ABS Trust Series HEAT 2002-3, Plaintiff, V. JOHN C. STREMMEL AND MARY J. STREMMEL, Defendants. File No. 04-11995 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-1542 Civil Term CERTIFICATION OF ADDRESS I, Barbara A. Fein, Esquire, Attorney for the Plaintiff, U.S. Bank National Association, as Trustee of CSFB ABS Trust Series HEAT 2002-3, hereby certify that the Plaintiff s correct address is c/o Select Portfolio Servicing, Inc., 3815 South West Temple, Salt Lake City, UT 84115, and the last known address of each Defendant is as below. John C. Stremmel Mary J. Stremmel 978 Pinetown Road 978 Pinetown Road Lewisberry, PA 17339 Lewisberry, PA 17339 THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: oj&Q Barbara A. Fein, Esquire Attorney for Plaintiff THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire / I.D. No. 79992 Jacqueline F. McNally, Esq. / I.D. No. 201332 Suite 100, 425 Commerce Drive Fort Washington, PA 19034 (215) 653-7450 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION, as Trustee of CSFB ABS Trust Series HEAT 2002-3, Plaintiff, V. JOHN C. STREMMEL AND MARY J. STREMMEL, Defendants. File No. 04-11995 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-1542 Civil Term CERTIFICATE OF SERVICE I, Barbara A. Fein, Esquire, Attorney for the Plaintiff, U.S. Bank National Association, as Trustee of CSFB ABS Trust Series HEAT 2002-3, hereby certify that I have served a true and correct copy of the appended mortgage foreclosure pleadings/papers upon the following parties at the last known address and/or upon an attorney of record, as noted: John C. Stremmel Mary J. Stremmel 978 Pinetown Road 978 Pinetown Road Lewisberry, PA 17339 Lewisberry, PA 17339 THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: Barbara A. Fein, Esquire Attorney for Plaintiff OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURT HOUSE 1 Courthouse Square Carlisle, PA 17013 CURT LONG, PROTHONOTARY TO: John C. Stremmel 978 Pinetown Road Lewisberry, PA 17339 Mary J. Stremmel 978 Pinetown Road Lewisberry, PA 17339 U.S. BANK NATIONAL ASSOCIATION, as Trustee of CSFB ABS Trust Series HEAT 2002-3, Plaintiff, V. JOHN C. STREMMEL AND MARY J. STREMMEL, Defendants. N0.07-1542 Civil Term NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a judgment has been entered against you in the above captioned proceeding as indicated below. CURT LONG, PROTH? TARP [XX] Judgment by Default Entered ??7 IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: BARBARA A. FEIN, ESQUIRE AT (215) 653-7450. Aq. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-01542 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS STREMMEL JOHN C 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 STREMMEL JOHN C but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT , STREMMEL JOHN C NOT FOUND , as to 400-402 S YORK STREET MECHANICSBURG, PA 17055 PER OCCUPANT, DEFENDANT LIVES IN YORK COUNTY. Sheriff's Costs: Docketing 18.00 Service 9.60 Not Found 5.00 Surcharge 10.00 00 ,5?d4z 42.60 So answ R. Thomas Kline Sheriff of Cumberland County BARBARA FEIN 04/19/2007 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-01542 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS STREMMEL JOHN C 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 STREMMEL MARY J but was unable to locate Her in his bailiwick. COMPLAINT - MORT FORE , He therefore returns the the within named DEFENDANT , STREMMEL MARY J NOT FOUND , as to 400-402 S YORK STREET MECHANICSBURG, PA 17055 PER OCCUPANT, DEFENDANT LIVES IN YORK COUNTY. Sheriff's Costs: Docketing Service Not Found Surcharge S/1J/e7 L- . , So answers, 6.00 . .00 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County .00 21.00 BARBARA FEIN 04/19/2007 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-01542 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS STREMMEL JOHN C ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: STREMMEL JOHN C but was unable to locate Him deputized the sheriff of YORK in his bailiwick. He therefore serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On April 19th , 2007 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answers* Docketing 6.00/ Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep York County 69.80 Sheriff of Cumberland County Postage 2.31 97.11 04/19/2007 BARBARA FEIN Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-01542 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS STREMMEL JOHN C ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: but was unable to locate Her deputized the sheriff of YORK in his bailiwick. He therefore serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On April 19th , 2007 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 1 V • V V 04/19/2007 BARBARA FEIN So answers* R. Thomas Kline Sheriff of Cumberland County s p.216 7 1?- Sworn and subscribe to before me this day of A. D. OFFICE OF THEYORKSHERIFF 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1 PLAINTIFF/S/ US Bank National Association WSTRIiICTIONS PLEASE TYPE ONLY LINE 1 THRu 12 DO fWT DETACH ANY COPIES 3 DEFENDANT/S/ John C. Strerrmel et al 2. COURT NUMBER 07-1542 civil 4. TYPE OF WRIT QR?OMP, INT Notice an aypf'1t in Mortgaqe Foreclosure CIMF SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED. OR SOLD John C. Stre mel 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY, BORO. TWP. STATE AND ZIP CODE) AT 978 Pinetown Road Lewisbe , PA 17339 7. INDICATE SERVICE O PERSONAL U PERSON IN CHARGE DEPUTIZE r ERT IL U 1ST CLASS MAIL U POSTED U OTHER NOW March 28 , 20 07 I, SHERIFF OF COUNTY, PA, do ereby deputize D *Sheriff of York COUNTY to execute this a return t c?--- ording to law. This deputization being made at the request and risk of the plaintiff. • S ERIFF OF qUgWt(5UNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE O/C Cumberland Please mail return of service to Clnberland County Sheriff. Thank you. ADV FEE $100.00 PD BY LAW FIRM NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED LAW OFFICES OF BARBARA FEIN PC 425 C01,11ERCE DR STE 100 215-653-7450 3/22/07 -- FORT WASHTNGTON PQ 1q01 12. 5END NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed d notice is to be mailed). M-413E 2LA ND COUiNTY SHERIFF ONE COURTHOUSE SQUARE CARLISLE PA 17013 SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW TM LSE 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. LT M 1 M C G I LL 3/29/07 ,- 4/21/07 16. HOW SERVED: PERSONAL ( ) RESIDENCE ' 1 POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHE 'U SEE REMARKS BELOW 17. U I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 1 AND TI E OF INDI D L SERVED / LIS DDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. _ Date of Service 20 Time of Service 21. tT MPT Time Miis Int. Date Time Mi q Int Date iAe l Int. Date Time I ffi-ile;I -Int. Date Time Miles Int. D ate Int ?t '"( 69 A5 rV1 [ ? 22. REMARKS: 2 Ad,ranq? COSts V U V U 2 . osts I / Y 25 N/F 26. Mileage ? 27. Postage 28. Sub Total 29. Pound 30 Notary 31. Surchg. 32. Tot. Costs 33 Costs D Check N J ( . -39 ?d 7W t? ? 6 30 . i 5d 34. Foreign Cou rpftst - t Service Costs YLVANtA 37. Notary Cert. 38. Mileage/PoslagPJNot Found 39. Total Costs 40. Costs Due or Refund L F L 41 AFFIRM a ds 1 H SSO ANSWERS . n ` 1 ? 44. ignature of ? 45. DATE 42. day of H p. Sheriff 46. Signature of York 47 GATE County Sheriff F O CJ Li >•S uSE SnE IFF 4 13 0 7 48. Signature of Foreign 49 DATE County Sheriff au. I AL^NVVVI-tutat Ktt;tir I Vr I Ht 5HtK11 1-'S Kt I UKN 51UNA I UKE 151. DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sherdrs Office I i f Z .:l d b Z Saw LOOZ Vd I?]J0A JJ183HS,: H1 -4 JIJAIO COUNTY OF YORK 2 Or 2 OFFICE OF THE SHERIFF SERVICE CALL 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE WSTRUCTONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LJE 1 THRU 12 DO NOT DETACH ANY COPES 1 PLAINTIFF/S/ 2. COURT NUMBER US Bank National Association -1542 r;-gii 4. TYPE OF WRIT OR COMPLAINT 3 DEFENDANT/s! John c. Stremnel et al Notice and Ccrrlplaint in C1MF kwgaft L I A D, OR SOLD SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF P Mary J. Stret'rmel 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY, BORO, TWP. STATE AND ZIP CODE) AT 978 Pinetown Road Lewisberry, PA 17339 7. INDICATE SERVICE O PERSONAL O PERSON IN CHARGE U DEPUTIZE C".Y, RT.IYIAI O 1ST CLASS MAIL U POSTED U OTHER NOW March 28 -20 07 I, SHERIFF OF COUN PA do eby deputize eriff of York COUNTY to execute t a ce ret nth ording to law. This deputization being made at the request and risk of the plaintiff. SHERIFF OF IMO COUNTY 6. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE O/C Cumberland Please mail return of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER LAW OFFICES OF BARBARA FE N PC 1215-563-7450 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) CUMBERALND CO SHERIFF SPACE BELOW FOR USE of THE SHERIFF - DO 140T WRITE BELOW TM LMT 11. DATE FILED 3/22/07 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or complaint as indicated above. LT M M CG I LL 3 / 2 9 / 0 7 4/21/07 16. HOW SERVED: PERSONAL ke" RESIDENCE POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. O I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18 NAME AND TI OF IN I (DUAL SERV LIST ADDRESS HERE IF NOT SHOWN ABOVE Retationship to Defendant) 19. Date of Service 20. Time of Service y- 21. A EMP Tim e Miles Int. Date Time Miles Int Date Time Miles Int Date Time Miles Int. Date Time Miles Int. Date Time Miles Int I ? q .y? 22. REMARKS: 23. Advance Costs 24 Service Costs 25. N!F 26. Mileage 27. Postage 28 Sub Total 29. Pound 30. Notary 31. Surchg. 32. Tot. Costs 33 Costs Due or Refund Check No 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37 Notary Cert. 38. Mileage/Postage/Not Found 39. Total Costs 40 Costs Due or Refund 3 TH 41 AFFIRMED and subscrib l d t b thi SO ANSWERS . e o me e s ]?o 4 1 " 44. Signature of ' ? 45. DATE ??/I Q ` `- ? ' 2. day o c 6 F Dep. Sheriff , - i /- Y 46. Signature of York r 47. DATE 'NOTARIAL SEAL County Sheriff e L15f4L. cu°v'v???r.h , GARY PUBLIC FOR W1LL1z 4m, IHOSF SHERIFF 4/13/07 F YORK YORK COUNTY , ? CITY O MY Corll`M!SS!cl?< "RES AUG. 12, 2009 I 48. Signature of Foreign County Sheriff 49 DATE 50.1 EIPT OF THE SHERIFF'S RETURN SIG NATURE 91 neTr_ acrc ivcn OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs Office 1 Z :1 d b Z UVW L04I A,J'183HS 3H.1 G3AI THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff U.S. BANK NATIONAL ASSOCIATION, as Trustee of CSFB ABS Trust Series HEAT 2002-3, Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-1542 Civil Term V. JOHN C. STREMMEL and MARY J. STREMMEL, Defendants. PRAECIPE TO MARK JUDGMENT SATISFIED TO THE PROTHONOTARY: Kindly mark satisfied the judgment entered in the above captioned mortgage foreclosure action. August 7, 2007 THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: Barbara A. Fein, Esquire Attorney for Plaintiff Attorney I.D. No. 53002 C`-,,3 r rte` ca,