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Home My WebLink About07-3290A CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is: LaSalle Bank National Association as Trustee 701 Corporate Center Drive Mail Code NC4743 Raleigh, NC 27607 2. (a) Plaintiff is, or will be, the owner of legal title to the mortgage (hereinafter described) that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the subject mortgage: Mortgage Electronic Registration Systems Inc. As Nominee for Fremont Investment and Loan PO Box 2026 Flint, MI 48501-2026 (b) Plaintiff is now the legal holder of the mortgage and is in the process of recording an Assignment thereof. 3. (a) Defendant, Anh Tuan Nguyen is an individual whose last known address is 19630 Villa Rosa Loop, Fort Myers, FL 33967-5713. (b) Defendant, Anh Tuan Nguyen hold an interest in the subject property as mortgagor and record owner. (c) If any 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 their estate whether the estate is probated. 4. (a) The subject mortgage (the "Mortgage") is described as follows: Mortgage executed on: January 14, 2004 Mortgage recorded on: February 5, 2004 in Record Book 1853, page 1226 i County of. Cumberland See Exhibit "A," Note and Mortgage. (b) The Mortgage encumbers property (the "Subject Property") located at: 27 Lenox Court, Mechanicsburg, PA 17050. (c) The "legal" description of the Subject Property, expressed in metes and bounds, is incorporated in the Mortgage. See Exhibit "A," Mortgage. 5. The requisite pre-foreclosure Combined "Act" Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. § 1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". 6. The Mortgage is in default (the "Default") because the Defendant(s) failed to timely tender the monthly payment of $1,346.11 due and/or to be applied to the payment due January 1, 2007 (the "Default Date"), and thereafter failed to make the monthly payments. 7. Pursuant to the terms of the Mortgage, the secured loan obligation has been accelerated. 8. By reason of the foregoing Default, Plaintiff respectfully requests entry of judgment in rem incorporating the following sums: (a) Outstanding Principal Balance (b) Interest due and owing at the rate of 12.375% calculated from the Default Date through May 31, 2007. Interest will continue to accrue at the per diem rate of $46.09 through the date of entry of Judgment in rem. (c) Attorneys' fees (d) Title Search $136,216.35 $8,847.43 $1,250.00 $373.00 (e) Accumulated Late Charge (f) Recoverable Balance $513.16 $110.55 TOTAL IN REM JUDGMENT SOUGHT BY PLAINTIFF $147,310.49 9. The attorneys' fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated or satisfied prior to the Sale, reasonable attorneys' fees will be charged. WHEREFORE, the Plaintiff respectfully requests the following relief: -- Entry of Judgment in rem against the Defendants in the total amount of $147,310.49 as previously itemized, plus al additional interest and other charges accruing through date of Judgment; debarring and foreclosing the Defendant(s), and any person or entity holding or claiming under him/her/them, j/s/a, from the equity of redemption; foreclosure of the Mortgage and issuance of a Writ of Execution providing for Sheriff's Sale of the Subject Property. Respectfully Submitted, Pluese, Becker &AVt, , LLC. By: Roort F`.-Thomas, Esquire Attorney for Plaintiff Attorney I.D. No. 70206 20000 Horizon Way, Suite 900 Mt. Laurel, NJ 08054-4318 telephone: 856-813-1700 NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT, (the act), 15 U.S.C. SECTION 1601 AS AMENDED To the extent the act may apply, please be advised of the following: 1, The amount of the original debt is stated in paragraph one of the Complaint attached hereto. 2. The Plaintiff who is named in the attached Notice to Plead and Complaint is the Creditor to whom the debt is owed. 3. The debt described in the Complaint attached hereto and evidenced by the copy of the mortgage/note will be assumed to be valid by the Creditor's law firm; unless the Debtor(s). within thirty days after receipt of this notice, disputes, in writing, the validity of the debt or some portion thereof. 4. If the Debtor notifies 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 Notice to Plead and Complaint is riot the original creditor, and if the Debtor makes written request to the Creditor's law fin-n within twenty (20) 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 Pluese, Becker & Saltzman, LLC 20000 Horizon Way Suite 900 Mt Laurel, New Jersey 08054.. Attention: Rob Saltzman, Esquire VERIFICATION I, Tracey O'Brien-Moore, as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: January 23, 2007 LONA J. HUNT WOW PUBLIC wake Cou * North Ce 0 0 Prepared By: BAi2BAR..A LICON Parcel Number: 38-181342-090 7000092506 Return To: FREMONT 1?r,[ESTMENT & LOAN P.O. BOX 34078 FULLERTCN, CA 92834-34078 (Space Above This Line For Recording Data] MORTGAGE MEN 1001944-7000092506-4 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 January 14, 2004 together with all Riders to this document. (B) "Borrower" is ANH TURN NGUYEN Borrower is the mortgagor under this Security Instrument. (C) "VIERS" is Mortgage Electronic Registration Systems, Inc. MIERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. `IERS is the mortgagee under this Security Instrument. ivfERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 21026, Flint N-1I 48501-2026, tel. (888) 679-HERS. PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mao UNIFORM INSTRUMENT WITH MERS Form 3039 1101 ?S•6A(PA) (02061 Page i of se Initials: .?'"?`?%%?? fllll?llli ??I 111 ?i ?I? 1?111111?1?1 it II II II 111?? 111 I I?IlI VM P NIORTGAGE FORMS - (900)521--1291 0321610537UMG Ll 311 ,--? / t4&t A: (D) "Lender" is FREMONT INYES IMENT & LOAM Lender is a CORPORATION organized and existing under the laws of CALIFCRI`TT_A Lender's address is 175 N. RIVERVIEW DRIVE, ANAHEIM CA 92808 (E) "Vote" means the promissory note signed by Borrower and dated The Noto states that Borrower owes Lender One Hundred Forty January 14, 2004 Thousand and N01100 ----- ----------------------------- Dollars (U.S. S 140 , 000 .00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than February 1, 2034 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be. executed by Borrower [check box as applicable]: EO Adjustable Rate Rider 0 Condominium Rider *? Second Home Rider [] Balloon Rider ® Planned Unit Development Rider C] 1-4 Family Rider [] VA Rider [] Biweekly Payment Rider Other(s) [specify] (I) "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. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (B;) "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, i,-.-A automated clearinghouse transfers. (L) "Escrow Items" means dtose items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (odter d-ian insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other utking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against die nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. may, tni?ials: !? •'? ?. OM -6A(PA) (0206) Page z a! 16 Form 3039 1101 IV (P) "RE,SPA" 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 ume, or any additional or successor legislation or regulation that eoverns the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposod in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the dote andior this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the: Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to VIERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of NMRS, the following described property located in the county [Type of Recording Jurisdiction] of CUMBERLAND V (Name of Recording Jurisdictionl: SEE LEGAL DESCRIPTION ATTACHED VERETO AND MADE A PART THEREOF which currently has the address of 27 LENOX CT [Street' MECHANICSBURG [City], Pennsylvania ["Lip Codel ("Property Address"): TOGETHER WITH all the improvem.:nts 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." Borrower understands and agrees that I ERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or cu,tom, NMRS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including. but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. (M -6A(PA) 102C6; Page of 16 Form 3039 1;01 b 21-29-'04 11:28 FROM-Advan0 Abstract Coanmhnm ttt for Tids insumnes Commitment No. 700634 Agent File No. 1410BG LEGAL DESCRIPTIMI ALL THAT ORTAIN lac or fact of lad aln t in dw Tom w* of Bltm Spdn& Coamy of Cm4wrlapd ad Cagtmatowmith of PunWvottk bang L-41 oa a Phtal 8ubdisisioa PYa for 'WOW" STWO No.34 rd s nod ot% caconded is the at&e of cla Ro der of Do s in ? by If Edwad Gumbodwd ? ? ' in Plan Book 67. Pala 74, card 6aa; mom AbUy how4od and deseetbed as fd1o%w: NGVDMVG AT A POINT ore the wwjwu zkwof- way Cunt of Iwa= Cones It the aorQfast eat= of Lot No. 35; #mt a alo% odd dobd,d."y lint by a aim to tlla W. "W curve lsavinC a radha of 476.20 lbet tad an am dlsfanee of i6.33 fora to a poiue: oevm wOeS 746 e flat to u ova to the 14 said ON" Uvtoa a MOM of 30.00 feat and pt an disraaes of * pairs tbsnee along Lot No. 33 South 09 degrees 17 adnatea 51 seconds W+y a diaanoe of 130.64 feet ba a poia4 *am along Phase li. odwe Iaoda of watee&M Sgaa,r A>x doftk, Irre. south 10 dotea 22 Winum 02 soooods Wo; it distance of 24.00 fast to a Point dww* dwS Lot W 35 Nm* 09 &Vros 37 udoM St sacon& West, a diUanet or 129.10 feat m a point, said PW bdn6 to Pbm of BEGINMG. CONTAMGe 0.01 twe. more or ku. HAti'M TMQri ERLCC6D a two-story 6rw4hmn koom e4d ouenberod u 2T Lama Caut Modanicesum PA 17055. ST-N-u i I 717939733y exhibit A f BORROWER COVENANTS that Borrower is lawfully seised of the esLite hereby conveyed and has the rivht to morww-,e, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend ?venerally the utle to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (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 arc deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds ur.iil 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 outsLtnding 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 other vise. described in this Section 2, all payments accepted and applied by Lendu :;Fall 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 charizes, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment Of the Periodic Payments if, and to the extent that, each payment can be paid in .? , `M -6A(PA) c0206t Page 40i 16 Form M9 Vol IV full. To tha extent that any excess exists after the payment is applied to the full payment et one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary pr paymenu shall be applied first to an prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or 'Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Paymenu. 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 amount, 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. These items are called "Escrow Items." At ori;inauon 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 shalt pay Lender the Funds for Escrow Items unless Lender wives 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 pity 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 ?cctiOn 9 to repay to Lender anv 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 tune specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the atnount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, in ::rumentalhy, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any I-Weral Home Loan Bank. Lender shall apply t1w 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 die Funds, Lender shall not be required to pay Borrower any interest or earnin;s on the. Funds. Borrower L:ul Lender can agree in writing, however, that interest shall be paid on the INtiais: ? .' l t ?,-6A(PA) (02%G, Pages Oi 16 Form 3039 1101 J 0 Funds. Lender shall szive to Borrower, without char_e, an annual accounting of the Funds as required by R ESPA. V If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA. Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by 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 promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens, Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments 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 lien or take one or more, of the actions set. forth above in this Section 1. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property 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 haz<-,uds 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 rcquires. What Lender r:,,quires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall 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-Lime 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. }? Initials: I(=, -6A(PA) 10206) Page s 3i la Form 3039 1)01 n [f Borrower faiis to maintain any of die coveragres 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 cower Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, again,[ 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 Burrower 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 certificates. If Lender requires, Borrower shall promptly Rive to Lender all receipts of paid premiums and renewal notices. If Borrower obtains arty form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise gree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period. Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for die 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 r?2quires interest to be paid on such insurance proceeds, Lender shrill 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 Cde, negotiate and settle any available insur:::r e claim and related matters. If Borrower does not respond widen 34 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender tray neuo6ate 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 Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (odter 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. Inifla'sl -77-1- -6A(PA) (=G) Page 7 of .6 Form 3039 1,101 0 0 6. Occupancy. Borrower shat 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 Borrowers 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 net 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 present 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 dama;*ed 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 interibr inspection specifying such reasonable cause. S. 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 Dave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security 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 fnstrumcaat, 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 this Security Instrument; (b) appearing in court', and (c) paying reasonable attorneys' fees to protect its interest in the Property, and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering tha 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. 1nauals: •6A(PA) t0206; Page 9 of 16 Form 3039 1101 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Barrouer 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 notic-, from Lender to Borrower rtquesting payment- If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merzer in writinU. 10. Mortgage Insurance. If Lender required h•lortgap Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain Uw MlorUP-Le Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to maka separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of ;Vtortga;e Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for MlortgaCFe Insurance. If Lender required Mtortga;e Insurance as a condition of makintT_* the Loan and Borrower was required to make separately designated payments toward the premiums for k1ortgage Insurance, Borrower shall pay the premiums required to maintain Mfortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses is may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which amy include funds obtained from MoMgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of fender 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 Mtortgage Insurance, and they will not entitle Borrower to any refund. /1.-6A(PA) ;0206) Page 9of 16 Form 3039 ti01 1) 0 9 (b) any such agreements will not affect the rights Borrower has - if any - %vith respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or anv other lain. 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, andror to receive a refund of any Mortgage Insurance premiums that were unearned at the time or such cancellation or termination. 11. Assignment of Miscellaneous Proceeds: Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. v If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursemCnt or in a series of progress payments as the work is completed. Unless an myreemem 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 ivIiscellaneous 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 t:hc. sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair ma loll 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 wriung, 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 die Opposing Party (as defined in the next sentence) offers to nuke an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is liven, Lender is authorized to collect and apply the ?-li cellaneous Proceeds either to restoration or repair of the Property or to the sutras secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower ?Gscepancous 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 uther m;uerial impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cu:c such a default and, if acceleration has occurred, reinsure as provided in Section 19, by causing the action or proceeding to be dismissed with a rulinz that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of initials: L •6A(PA) 02061 Page loci ;s Form 3039 ti01 JD • 9 Lender's interest in the Property or rights under this Security Instrument. The proceeds of ar,v award or claim for cfx-iag-cs that arc attributable to the impairment of Lender's interest in the Property are herchy 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 '_. 12. Borrower Not Released; Forbearance l3v 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 wriortization of die 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-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-si=ns this Security Instrument but does not execute the Note (a "co-sinner'"): (a) is co-signing this Security Instrument only to mortgage, ;rant 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 terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unloss Lender agrees to such ra:ase in writiw-,. The covenants and agreements of this Security Instrument shall bind (except as provided in Scction 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 spec=ific fee to Borrower shall not be construed is a prohibition on the charging, of such fee. Len:lor may not charge fees that are expressly prohibited by this Security instrument or by Applic able Law. If the Loan is subject to a law which sets maximutn loan charges, and that law is finafly 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 die, 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). Borroa,;r's acceptance of any such refund made by direct payment to II orrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. ,?/? in?:ais:,i-: I=-6A(PA) =ce) Page 1 of .6 Form 3039 VQ1 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall b,: deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address unifier this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender hau 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; Severabi)ity; 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 Mote conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine sender 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 title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall. not be exercised by Lender if such exercise is prohibited by Applicable Law. If Le n;lcr exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from die date the notice is ,iven 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 leriod, 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 rile right to have enforcement of dais Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable 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 dtis Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all Initial S: T' L- •6A(PA) c0206f Page 12 of 16 Form 3039 1101 0 0 expenses incurred in enforcing this Security Instrument, including, but net limited to. reasonable auorncvs' 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 Securiiv Instrument; and (d) takes such action as Lender may: reasonably require to assure that Lender's interest in the Property and ritJhts under this Security Instrument, and Borrower's oblillanon 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 followingz forms, as selected by Lender: (a) cash: (b) money order; (c) certified check, bank check. treasurer's check or cashier's Lheck, provided any such check is drawn upon att institution whose deposits are insured by a federal agency. instrumentality or entity; or (d) Electronic Funds Transfer. Capon 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 dote or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Vote 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 nonce of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicin If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumes( 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 t: :his Security Instrument or that alleges that the other party has breached any prevision of, or any duty owed 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 otter 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 utken, 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 tho notice of acceleration given to Borrower pursuant to S ,;lion IS 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: -asoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials conutining asbestos or formaldehyde, and radioactive materials; (b) " Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. _? 6A(PA) ,e206t Page 17 of 16 Form 3039 1,01 • Borro'xer shall not cause or permit the pczscnce. use. disposal. storm*e, 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, anvdting affecting the Property (w that is in violation of any Environmenul 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 precedin, two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recounized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous subsntnces in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim. demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (bi any Environmental Condition, including but not limited to, any spilling, leakinz. discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly tak,! all necessary remedial actions in accordance with Environmental Law. Nodainz herein shall create any obligation on Lender for an Environmental Cleanup. y 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 shaft 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-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in 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 exl)cnses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument. this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services 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 procec,'.i!tgs to enforce this Security Instrument, and hereby waives the benefit of any present or future laws provide; 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 sale or other sale pursuant to this Security Instrument. 26. Purchase iVloney 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. to ilials:_ ll. -8A(PA) to2ost Page 14 of t5 Form 3039 1101 S BY SIGNING BELOW. Borrower accepts and agrees to the terms and covenants conuined in this Security Instrument and in any Rider axecuwd by Borrower and recorded with it. Witnesses: (Sisal) ANH TLTAN NGUYEN -Burrower _ (Seal) Borrower _ (Seal) -Borrower _ (Seal) Borrower - (Sectl) -Borrower _ (Seal) -Borrower - (Seal) -Borrower - (Seal) -BUTTV W C( OM-6A(PA) (o2oe) Page 150! 16 Form 3039 VOt 0 Certificate of Residence `J l• 1 - "t ;; do hereby certify that the correct addrass of the within-named Mortgagee is P.O. Box 2026, Flint, Ml 43j01=20<6. WVimess my hand this ;• day of # L, Agent of Mortgagee i ?J-t 1. - i. ! -i . County ss: CUM IONWEALTH OF PENNSYLVANIA, + On this, the day of before me, the undersigned officer, personally appeared 4 1 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. IN WITNESS WI-MREOF, I hereunto set my hand and official seal. My Commission Expires: ? 1 Seal Lisa E. 7alamortti, No.ary public Dauphin Count ! en Bono, Swett 2004 i „ Fxoires Nov. 13, 11 ,% tl ! [t' !. I° " 1 : If J mv Col. M?1mt,qr.;':>.rns•,rramaASSCCiativr+? i.__ Tide of Officer :J (M -6A(PA) (0206) Page 16 o1 to I-D Form 3039 1i01 ADJUSTABLE RATE NOTE (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. January 14, 2004 [Date] 27 LENOX COURT ANAHEIM, CA 92808 [City] MECHANICSBURG, PA 17050 [State I (Property Address) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. S 140, 000.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is FREMONT INVESTMENT & 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 entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.800 %. The interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 (if this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly p;rvments on the first day of each month beginning on March 1, 2004 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on February 1, 2034 I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at 175 N. RIVERVIEW DRIVE, ANAHEIM CA 92808 or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. S 912 .70 This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. MULTISTATE ADJUSTABLE RATE NOTE - LIBOR INDEX - Single Family - Freddie Mae UNIFORM INSTRUMENT Form 3590 1/01 (M-815N (0210) VMP MORTGAGE FORMS - (800)521.7291 ! ?I Page 1 of 4 Initials:. T ! ! IN 11 IIII II IIIiI !llllll IHI Ili 1l1NI ?Il I?IlII 0321610537NTE LI 311 4. INTEREST RATE AN*IONTHLY PAYMENT CHANGES jA) Change Dates The interest rate I will pay may change on the first day of February 1, 2006 and on that day every sixth month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal. The most recent Index figure available 45 days before each Change Date is called the "Current Index.' If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding six and Ninety-Nine Hundredths percentage points ( 6.9900 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 9.800 % or less than G.8000 %. Thereafter, my interest rate will never be increased or decreased on any subsequent Change Date by more than 1.5o o 0 from the rate of interest I have been paying for the preceding period. My interest rate will never be greater than 13.8000 % or less than 6.8000 %. (E) Effective Date of Changes My new interest rate will become' effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of :;r•_, change.. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY *SEE PREPAYMENT RIDER ATTACHED HERETO AND MADE A PART HEREOF* I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a Prepayment. When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the Principal atnount 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 chancres. My partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to mein; The Note Holder may -::close to make this refund reducing the Principal I owe under this Note or by making a direct payment to me. if a refund reduces Principal, dic reduction will be treated as a partial Prepayment. ?.-2/V 1815N2PJIS 01/01 Page 2 of 4 Initials: ?i' 1 7. BORROWER'S FAILURE TOP AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 6 . o 916 of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pav 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 date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of Presenment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses 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 are described as follows: Form 359,00 1101 40-815N (0210) Page r , Initials: ,r/ / - Transfer of the Propertv o4eneficial Interest in Borrower. If all or any of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If 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. *SEE PREPAYMENT RIDER ATTACHED HERETO AND MADE A PART HEREOF* WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) ANH TUAN NGUYEN -Borrower (Seal.) -Borrower _ (Seal) .Borrower _(Seal) Borrower -(Seal) -Borrower -(Seal) -Borrower _ (Seal) -Borrower -(Seal) -Borrower [Sign Original Only[ ? : d (0210) Page 4 of 4 Form 3590 i!J 1 r 0 PREPAYMENT RIDER TO NOR This Prepayment Rider is made this 14th day of January, 2004 , and is incorporated into and shall be deemed to amend and supplement the Adjustable Rate Note ("Note") made by the undersigned (the "Borrower") to FREMONT INVESTMENT & LOAN (the "Lender") of the same date and covering the property located at: 27 LENOX COURT MECHANICSBURG, PA 17050 (Property Address) BORROWER'S RIGHT TO PREPAY This Prepayment Rider Supersedes Section 5 of the Note I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment." When I make a prepayment, I will tell the Note Holder in a letter that I am doing so. A prepayment of all of the unpaid principal is known as a "full prepayment." A prepayment of only part of the unpaid principal is known as a "partial prepayment. " I may make a. full or partial prepayment; however, the Note Holder may charge me for the privilege of prepayment. If more than 20% of the original principal amount of this note is prepaid in any 12-month period within 2 years after the date of this loan, I agree to pay a prepayment charge equal to six months interest on the amount prepaid which is in excess of 20% of the original principal amount of this Note. If I make prepayment, there will be no delays in the due dates or changes in the amounts of my monthly payments unless the Note Holder agrees in writing to those delays or changes. I may make full prepayment at any time. ANH TUAN NGUYEN Date Date Date Date 'vISPPYI jxn 10116/03 H01VT1RQ sumvrcyN`c" DF785 March 6, 2007 ANH TURN NGUYEN 19630 VILLA ROSA LOOP FORT MYERS, FL 33967-5713 HOMEOWNERS NAME(S): ANH TUAN NGUYEN PROPERTY ADDRESS: 27 LENOX CT MECHANICSBURG, PA 17050 LOAN ACCOUNT NUMBER: 0321610537 CURRENT LENDEPUSERVICER: HomEq Servicing ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on our home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can help you you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the counseling agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice. If you have any Questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call 717-780-1869) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICAION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HomEq Servicing is a debt collector. HomEq is attempting to collect a debt and any information obtained will be used for that purpose. THIS NOTICE CONTINUES ON THE NEXT PAGE FKkLkd? I HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISION OF THE HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT") YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date of this notice. During that time you must arrange for and attend a "face-to-face" meeting with one of the consumer counseling agencies listed at the end of this notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES If you attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer counseling agencies for the county in which your property is located are set forth at the end of this notice. It is necessary to schedule only one face-to-face meeting. Advise this lender/servicer immediately only your intentions. APPLICATION FOR MORTGAGE ASSISTANCE Your mortgage is in default for the reasons set forth later in this notice (see the following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender/servicer, you have the right to apply for financial assistance from the Homeowners Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner s Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a completed application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION Available funds for emergency mortgage assistance are very limited. Funds will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency (The Agency) has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Agency of its decision on your application. THIS NOTICE CONTINUES ON THE NEXT PAGE Page 3 NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT The MORTGAGE debt secured by your property located at: 27 LENOX CT MECHANICSBURG, PA 17050 IS SERIOUSLY IN DEFAULT because: 1. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: a) Number of Payments Delinquent: 3 b) Delinquent Amount Due: $4,148.05 c) Late Charges: $251.11 d) Recoverable Corporate Advances: $8.80 e) Other Charges and Advances: $0.00 f) Less funds in Suspense: ($0.00) g) Total amount past due as of (due date): $4,407.96 2. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable) HOW TO CURE THE DEFAULT You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LEND ER/SERVICER, WHICH IS $$4,407.96 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashiers check, certified check, or money order made payable to HomEq and sent to: Regular Mail HomEq Servicing P. O. Box 70829 Charlotte, NC 28272 - 0829 Overnight Attn: Cash Central NC 4726 1100 Corporate Center Drive Raleigh, NC 27607-5066 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this notice: (Do not use if not applicable) THIS NOTICE CONTINUES ON THE NEXT PAGE Page 4 IF YOU DO NOT CURE THE DEFAULT If you do not cure the default within THIRTY (30) days of the date of this notice, the lender/servicer intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the opportunity to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS OF THE DATE OF THIS LETTER, HomEq Servicing also intends to instruct its attorneys to start a legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender/servicer refers your case to its attorneys, but you cure the delinquency before the attorney begins legal proceedings against you, you will still be required to pay the reasonable attorneys fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys fees actually incurred by the servicer even if they are over $50.00. Any attorneys fees will be added to the amount you owe the lender/servicer, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period you will not be required to pay attorneys' fees. OTHER LENDER/SERVICER REMEDIES The lender/servicer may also sue you personally for the unpaid principal balance and all other sums due under the Mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, yu still have the right to cure the default and prevent the sale at an time u to one hour before the Sheriff s Sale. You may do so by paying the total amount then past due plus any late charges, other charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and an other costs connected with the Sheriff s Sale as specified in writing by the lender/servicer and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE It is estimated that the earliest date that such Sheriffs sale of the mortgaged property could be held would be approximately five (5) months from the date of this notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. The amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender/servicer. HOW TO CONTACT THE LENDER/SERVICER BY TELEPHONE OR MAIL: Name of Lender/Servicer HomEq Servicing Contact Name PA Housing Response Specialist Address 4837 Watt Avenue, North Highlands, CA 95660-5170 Attn: PA Housing Response Team Telephone Number: 1-800-795-5125 FAX Number (916) 339-6940 for use by local counseling agency to notify HomEq that the homeowner met with the agency. EFFECT OF SHERIFF'S SALE You should realize that a Sheriff s sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender/servicer at any time. ASSUMPTION OF MORTGAGE You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. THIS NOTICE CONTINUES ON THE NEXT PAGE 0 Page 5 YOU MAY ALSO HAVE THE RIGHT • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT; • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF; • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THE RIGHT TO CURE YOUR DEFAULTS ANY MORE THAN THREE TIMES IN A CALENDAR YEAR;) • TO ASSERT THE NON-EXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS; • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER/SERVICER; AND/OR • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED TO THIS LETTER If you received a discharge of the account through the Bankruptcy Court and if your account has not been reaffirmed, the acceleration and sale will not result in your being held personally liable for the debt and this letter is not an attempt to collect a personal debt. However, failure to pay the delinquent balance is necessary to avoid foreclosure. You are notified that this default, and any other legal action that may occur as a result thereof, may be reported by HomEq to one or more credit reporting agencies. Please take appropriate action with respect to the important matters discussed herein. Sincerely, HomEq Servicing • Homeowners' Emergency Assistance Program CUMBERLAND COUNTY Effective 8/18/2005 at 10:05:07 AM Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 1 (888) 511-2227 Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 1 (800) 342-2397 ' ?? 4 V) Pluese, Becker & Saltzman, LLC. Robert F. Thomas, Esquire Attorney Identification No.: 70206 20000 Horizon Way Suite 900 Mt. Laurel, NJ 08054 (856) 813-1700 Attorney for Plaintiff 78576 LASALLE BANK NATIONAL ASSOCIATION 701 Corporate Center Drive Raleigh, NC 27607 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-3290 Civil Term Plaintiff, v. ANH TUAN NGUYEN PRAECIPE TO REINSTATE MORTGAGE FORECLOSURE COMPLAINT Defendants. TO THE PROTHONOTARY: Kindly reinstate the above captioned Complaint in Mortgage Foreclosure. PLUESE, BECKER & SALTZMAN, LLC. BY: ?7? Ro rt F. Thomas, Esquire #7 206 -6Q 0 (` N p d 00 O -n -V ? rr; ZL;: SHERIFF'S RETURN - NOT FOUND A CASE NO: 2007-03290 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LASALLE BANK NATIONAL ASSOCIAT VS NGUYEN ANH TUAN 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 NGUYEN ANH TUAN but was unable to locate Him in his bailiwick. COMPLAINT - MORT FORE , He therefore returns the the within named DEFENDANT 27 LENOX COURT MECHANICSBURG, PA 17050 27 LENOX COURT IS VACANT. , NGUYEN ANH TUAN NOT FOUND , as to Sheriff's Costs: Docketing 18.00 Service 9.60 Not Found 5.00 Surcharge 10.00 00 L?141074- 42,60 So answers:_ R. Thomas Kline Sheriff of Cumberland County PLUESE BECKER & SALTZMAN 06/11/2007 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-03290 P r `COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LASALLE BANK NATIONAL ASSOCIAT VS NGUYEN ANH TUAN 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 TENANT/OCCUPANT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT 27 LENOX COURT NOT FOUND , as to TENANT/OCCUPANT MECHANICSBURG, PA 17050 THERE WERE NO OCCUPANTS. Sheriff's Costs: Docketing Service Affidavit Surcharge (.1 If,e1 4- ,/ Sworn and Subscribed to before me this day of So answers: 6.00 .00 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County PLUESE BECKER SALTZMAN 06/11/2007 A. D. 235 SOUTH 13TH STREET NMI f? PHILADELPHIA, PA 19107 p?r PHONE: (215) 546-7400 . B&R FAX: (215) 985-0169 for ProfewlonaL Iuc. National Association of Philadelphia Association Professional Process Servers of Professional Process servers LaSalle National Association COURT Court of Common Pleas of Pennsylvania -VS- COUNTY Cumberland County Anh Tuan Nguyen CASE NUMBER 07-3290 Civil Term AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: *** Special Instructions B&R Control # CS040651 -1 Reference Number 78576 SERVICE INFORMATION On 27 day of June, 2007 we received the Mortgage Foreclosure Complaint for service upon Anh Tuan Nguyen at 19630 Villa Rosa LP Fort Meyers, FL 33967 Served Date Time `(} Accepted By: _ _ P?(,L w- 4 L n t manner described below. Personally served. Adult family member. Relationship is Adult in charge of residence who refused to give name and/or relationship. Manager/Clerk of place of residence lodging Agent or person in charge of office or usual place of business Other Description of Person Age Height Weight Race Sex Other Q Not Served Date Time Not Served Information 1 Moved Unknown No Answer Vacant Other The Process Server, be deposes and says that herein are true Ond con knowledge, information Process Server/Sheriff I ly sworn, :ts set forth the best of their Law Firm Phone (856)813-1700 Robert Altzman, Esquire Pluese, Becker & Saltzman, LLC 20000 Horizon Way Suite 900 Mount Laurel, NJ 080544318 Fo Sworn to and subscribed ServeBy Date 7 Filed Date 6 Janet M. Lowdermilk Commission # DD473091 Expires September 18, 2009 Bonded Troy Fain - Insurance, Inc 800-385-7019 ORIGINAL 178VC FT, ({ CZ) 235 SOUTH 13TH STREET "B&R PHILADELPHIA, PA 19107 PHONE: (215) 546-7400 FAX: (215) 985-0169 Berdce? for ProferasioaaL c. LaSalle National Association -VS- Anh Tuan Nguyen NA P5 National Association of Professional Process Servers r., Philadelphia Association of Professional Process Servers COURT Court of Common Pleas of Pennsylvania COUNTY Cumberland County CASE NUMBER 07-3290 Civil Term AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: B&R Control # CS040651 - 2 COUNTY OF PHILADELPHIA: Reference Number 78576 SERVICE INFORMATION t On 27 day of June, 2007 we received the Mortgage Foreclosure Complaint for service upon Anh Tuan Nguyen at 24268 Schroeder Avenue East Detroit, MI 48021 Special Instructions 00 Served Date Time Accepted By: DAA)L h J ?' v ?aT(?)??? In In the manner described below. Personally served. t Adult family member. Relationship is? Vi 46 Adult in charge of residence who refused to give name and/or relationship. Manager/Clerk of place of residence lodging - Agent or person in charge of office or usual place of business Other Description of Person Age U Height _ Weight I I `? Race _ Sex r V Other 0 Not Served Date Not Served Information [-] Moved L-J Unknown Time No Answer , Vacant L Other The Process Server, being duly sworn, deposes and says that the facts set forth herein are true and correct to the best of their wledge, information and belief. Process Server Sheriff Law Firm Phone (856)813-1700 Fo Robert Saltzman, Esquire Pluese, Becker & Saltzman, LLC 20000 Horizon Way Suite 900 Mount Laurel, NJ 080544318 ORIGINAL Sworn to and subscribed dwof ServeBy Date 7/22/2007 / FiledL[ # 'Q/41f2007 178VC this ,,... N O -n ?-.! L{.J iTlCts ....O " -at"" F'Fl (mom' Q (D (Drn CJt Pluese, Becker & Saltzman, LLC Attorneys At Law 20000 Horizon Way, Suite 900 Mt. Laurel, NJ 08054 Rob Saltzman, Esquire Attorney ID NO.: 53957 856/813-1700 Attorney for Plaintiff 78576 LaSalle Bank National Association, Plaintiff, V. Anh Tuan Nguyen, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-3290 Civil Term PRAECIPE TO ENTER JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter Default Judgment in favor of Plaintiff, LaSalle Bank National Association, and against Defendant(s), Anh Tuan Nguyen, for failure to file an Answer to Plaintiffs Civil Action in Mortgage Foreclosure within the time provided for by applicable law from service thereof. Service was made on the Defendant(s) by, Sheriffs of Cumberland County as follows: Anh Tuan Nguyen, served on July 4, 2007 Assess Damages as follows: Total Demand in Complaint $147,310.49 Interest due and owing at the rate of $46.09 per diem from June 1, 2007 to August 20, 2007 $ 3,733.29 TOTAL JUDGMENT TO BE ENTERED $151,043.78 PLUESE, BECKER LTZMAN, LLC By: Rob Saltzman, Esquire Attorneys for Plaintiff Pluese, Becker & Saltzman, LLC Attorneys At Law 20000 Horizon Way, Suite 900 Mt. Laurel, NJ 08054 Rob Saltzman, Esquire Attorney ID NO.: 53957 856/813-1700 Attorney for Plaintiff 78576 LaSalle Bank National Association, Plaintiff, V. Anh Tuan Nguyen, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-3290 Civil Term CERTIFICATION OF ADDRESSES I, Joseph Giuliano, Legal Assistant, of the Law Firm of Pluese, Becker & Saltzman, LLC, Attorney for Plaintiff, LaSalle Bank National Association, hereby certify that the Plaintiffs correct address is 701 Corporate Center Drive, Mail Code NC4743, Raleigh, NC 27607 and the last known address of each Defendant is as below. Anh Tuan Nguyen, 19630 Villa Rosa LP, Fort Myers, FL 33967 I certify that the foregoing information is true and correct to the best of my knowledge, information and belief. Sworn to and Subscribed before me this /'7V4day of,&auVC, 2007. NOTARY 10.0-22219- My COOMISSION PLUESE, BECKER & SALTZMAN, LLC By 235 SOUTF 'TH STREET • 11B&R PHILADEU i, PA 19107 MW J.T PHONE: (215) 546-7400 FAX: (215) 985-0169 Bar?icae for Protasalonals Inc. National Association of PAilade4hima Association Professional Process Servers of Professional Process Servers LaSalle National Association -vs- Anh Tuan Nguyen COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: B&R C Reference SERVICE INFORMATION COURT Court of Common Pleas of Pennsylvania COUNTY Cumberland County CASE NUMBER 07-3290 Civil Term AFFIDAVIT OF SERVICE On 27 day of June, 2007 we received the Mortgage Foreclosure Complaint for service upon Anh Tuan Nguyen at 19630 Villa Rosa LP Fort Meyers, FL 33967 1-1 *** Special Instructions *** Served Date Time "I.10 --? 1 M. Accepted By: _ k4l 4kn t manner described below. , Personally served. Adult family member. Relationship is Adult in charge of residence who refused to give name and/or relationship. Manager/Clerk of place of residence lodging Agent or person in charge of office or usual place of business Other Description of Person Age L\ 0 Height SL IQ Weight LQ Race Sex M_ Other 0 Not Served Date Time Not Served Information Moved J Unknown No Answer 7-7 Vacant Other The Process Server, being my sworn, deposes and says that the, f cts set forth herein are true and correct t the best of their knowledge, information and elief. Process Server/Sheriff ' ?---/ Law Firm Phone Itzman, 856)813-1700 Robert Esquire Pluese, Becker & Saltzman, LLC 20000 Horizon Way Suite 900 Mount Laurel, NJ 080544318 Fo Sworn to and subscribed ServeBy Date 7 Filed Date 6 :aanet M. Lowdermil Commission # DD47309 Expires September 18, 20( 9onOed Troy Fam. I ns.....Inc 800-385701 ORIGINAL 178VC Pluese, Becker & Saltzman, LLC Attorneys At Law 20000 Horizon Way, Suite 900 Mt. Laurel, NJ 08054 856/813-1700 Rob Saltzman, Esquire Attorney ID No.: 53957 Attorney for Plaintiff 78576 LaSalle Bank National Association, Plaintiff, V. Anh Tuan Nguyen, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-3290 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA . S.S. COUNTY OF CUMBERLAND: I, Rob Saltzman, Esquire, being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained either by or an behalf of the Plaintiff herein named and that such investigations and/or records indicate that the above-named Defendant(s) is/are not in the Military or Naval Service of the United States of America or its Allies as defined by 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: Anh Tuan Nguyen Age: Over 18 Residence: 19630 Villa Rosa LP, Fort Myers, FL 33967 Employment: Unknown PLUESE, BECKER & SALTZMAN, LLC By: Kob Saltzman, Esquire Attorney ID No.: 53957 Sworn and subscribed before me thisITaay of -2007. ,? 4 ik? CIC6F NgWrj 0?AjE* 4tY ' 1D# 222iW9 . :,. MY COMMISSION EXPIRES. Pluese, Becker & Saltzman, LLC Attorneys At Law 20000 Horizon Way, Suite 900 Mt. Laurel, NJ 08054 856/813-1700 Rob Saltzman, Esquire Attorney ID No.: 53957 Attorneys for Plaintiff 78576 LaSalle Bank National Association, Plaintiff, V. Anh Tuan Nguyen, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-3290 Civil Term CERTIFICATION OF MAILING I, Joseph Giuliano, Legal Assistant, of the Law Firm of Pluese, Becker & Saltzman, LLC, Attorneys for Plaintiff, hereby certify that I forwarded to the following Defendant(s) on the date(s) listed, by regular mail, a copy of the Notice of Intention to take Default Judgment, Rule 237.1: Anh Tuan Nguyen, 19630 Villa Rosa LP PLUESE, BECKER & SALTZMAN, LLC By: Giuliano, Legal Assistant Pluese, Becker & Saltzman, LLC. Rob Saltzman, Esquire Attorney Identification No.: 53957 20000 Horizon Way, Suite 900 Mt. Laurel, NJ 08054 (856) 813-1700 Attorney for Plaintiff 7R576 LASALLE BANK NATIONAL COURT OF COMMON PLEAS ASSOCIATION CUMBERLAND COUNTY Plaintiff, Court No. 07-3290 Civil Term V. ANH TUAN NGUYEN Defendant(s). NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa. R.C.P. 237.1 IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the Court your defenses or objections to the claims asserted against you. 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 and may be liable for money damages. 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: CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 1/800-990-9108 NOTIFICACION IMPORTANTE Usted esta en incumplimiento de su oblicaci6n legal de presentar, ya sea personalmente o por medio de su abogado, una declaraci6n por escrito y por no haber presentado por escrito sus defensas a los cargos que se han presentado en su contra. Si usted no toma acci6n dentro de diez (10) dias de la fecha de esta Notificaci6n, se registrara una sentencia en su contra sin audiencia y usted podra perder su propiedad u otros derechos importantes y podra ser responsable por danos monetarios. Usted debe Ilevar esta Noticia a un abogado enseguida. Si no tiene abogado o no tiene dinero suficiente para tal servicio, vaya en persona o (lame por telefono a la oficina cuyo numbre se encuentra abajo para conseguir asistencia legal. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 1/800-990-9,108 Date of Notice: August 6, 2007 PERSONS SERVED: Anh Tuan Nguyen 19630 Villa Rosa LP Fort Myers, FL 33967 PLUESE, BECKER & SALT2MAN, LLC. By: Rob Saltzman, Esquire Attorneys for Plaintiff C? r-a ?i ra ? ?. Q ?, ? O ?'? ?`: ` ?'' ? c.? as -, 7?' ? ? _ -? •.- ? "'?' '?, 1 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS ONE COURTHOUSE SQUARE CARLISLE, PA 17013 CURT LONG, PROTHONOTARY TO: Anh Tuan Nguyen 19630 Villa Rosa LP Fort Myers, FL 33967 LaSalle Bank National Association, Plaintiff, v. Anh Tuan Nguyen, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-3290 Civil Term NOTICE PURSUANT TO RULE 236 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. Curtis R. Long, Prothonotary /# ? nre [XX] Judgment entered by Default 8/JD/07 IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Rob Saltzman, Esquire, Attorney ID #53957 PLUESE, BECKER & SALTZMAN, LLC 20000 Horizon Way, Suite 900 Mt. Laurel, NJ 08054 856/813-1700 Attorneys for Plaintiff .Iw PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 LaSalle Bank National Association IN THE COURT OF "COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. Anb Tuan Nguyen, lgU30 ViI(a.Rosa- LP, NO.: 07-3290 Defendant(s) For"' Myers, FL. 3 390 To the Prothonotary: Issue Writ of Execution in the above matter: AMOUNT DUE INTEREST ????ff Q? From 8/21/07 to ice" @ $4900-per diem Pay-83 Total (Costs to be added) Date: August 17, 2007 $151,043.78 $ 2,631.98 $153,675.76 Ro altzman, Esquire Attorney for Plaintiff 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 (856) 813-1700 Attorney ID No.: 53957 Note: Please attach description of Property. File 078576 L1» t' o v d O d a? G O a o? O 00 Z HV H 4 4L a kn 0 .Oi.? 0 0 d a o0i 2 E" 4 H V _ o W at W U iw V $o C- M M a w to? 0 w 0 a? d ?i H H r- cr C8 r v+ oa u P. ALL THAT CERTAIN lot or tract of land situate in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, being Lot No. 34 as shown on a Final Subdivision Plan for Waterford Square prepared by H. Edward Black and Associates, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 67, Page 74 and being more fully bounded and described as follows: BEGINNING AT A POINT on the Southern right-of-way line of Lenox Court at the Northeast corner of Lot No. 35; thence along said right-of-way line by a curve to the left, said curve having a radius of 476.20 feet and an arc distance of 16.23 feet to a point; thence along the same by a curve to the left, said curve having a radius of 50.00 feet and an arc distance of 7.86 feet to a point; thence along Lot No. 33 South 09 degrees 37 minutes 58 seconds East, a distance of 130.64 feet to a point; thence along Phase II, other lands of Waterford Square Associates, Inc. South 80 degrees 22 minutes 02 seconds West, a distance of 24.00 feet to a point; thence along Lot No. 35 North 09 degrees 37 minutes 58 seconds West, a distance of 129.10 feet to a point, said point being the place of beginning. CONTAINING: 0.07 acre, more or less. HAVING THEREON ERECTED a two-story townhouse known and numbered as 27 Lenox Court, Mechanicsburg, Pennsylvania 17055. Tax Parcel #38-18-1342-090 PLUESE, BECKER & SALTZMAN, LLC By: Rob Saltzman, Esquire Attorney I.D. #53957 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 Phone: 856-813-1700 LaSalle Bank National Association, Plaintiff, V. Anh Tuan Nguyen, Defendant(s). Court of Common Pleas Cumberland County Docket #07-3290 I, Rob Saltzman, Esquire, Attorney for Plaintiff, LaSalle Bank National Association, hereby certify that the last known address(es) of the Defendant(s) is/are as below: Anh Tuan Nguyen, 19630 Villa Rosa LP, Fort Myers, FL 33967 I certify that the foregoing information is true and correct to the best of my knowledge, information and belief. Respectfully submitted, PLUESE, BECKER & SALTZMAN, LLC BY: Rob altzman, Esquire omey for Plaintiff Our File #78576 n m -r' r. O"j " y rn PLUESE, BECKER & SALTZMAN, LLC By: Rob Saltzman, Esquire Attorney I.D. #53957 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 Phone: 856-813-1700 LaSalle Bank National Association, Plaintiff, V. Anh Tuan Nguyen, Defendant(s). Court of Common Pleas Cumberland County Docket #07-3290 I, Rob Saltzman, Esquire hereby certify that I am the attorney of record for the Plaintiff, LaSalle Bank National Association in this action against real property and I further certify that this property is: ( ) FHA - Tenant Occupied or Vacant ( ) Commercial (X) That the Plaintiff has complied in all respects with Section 403 of the HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 which may include but is not limited to: (a) Service of Notice of Defendant(s) (b) Expiration of thirty days since the Service of Notice (c) Defendant's failure to request or to appear at a face-to-face meeting with the Mortgagee or with a Consumer Credit Counseling Agency. (d) Defendant's failure to file an application for financial assistance with the Pennsylvania Housing Finance Agency and/or the denial of such application. I further agree to indemnify and hold harmless the Sheriff of Cumberland County for any willfully false material statements given herein. Respectfully submitted, PLUESE, BECKER & S TZMAN, LLC BY: RoJa'Mtzman, Esquire Aftorney for Plaintiff Our File #78576 ? o ON m t T C ERTIFICATE TO SHERIFF (Please check appropriate square in each section) LaSalle Bank National Association, Plaintiff, V. Anh Tuan Nguyen, Defendant(s). SHERIFF'S OFFICE Courthouse One Courthouse Square Court of Common Pleas Cumberland County Docket #07-3290 I HEREBY CERTIFY THAT: 1. The judgment entered in the above matter is based mortgage foreclosure action. 2. The Defendant(s) own the property being exposed to sale as: (X) An Individual ( ) Tenants by the entireties ( ) Joint tenants with rights of survivorship ( ) A Partnership ( ) Tenants in Common ( ) A Corporation 3. The Defendant(s) is (are): ( ) Residents in the Commonwealth of Pennsylvania (X) Not resident in the Commonwealth of Pennsylvania () If-more than one Defendant and either A or B above is not applicable, state which Defendants are residents of the Commonwealth of Pennsylvania. Residents: Respectfully submitted, PLUESE, BECKER & SAL BY: Dated: August 17, 2007 Rob tzman, Esquire A rnev for Plaintiff LLC Our File #78576 C-7 ra ? C ? e ?i ?? Om PLUESE, BECKER & SALTZMAN, LLC By: Rob Saltzman, Esquire Attorney I.D. #53957 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 Phone: 856-813-1.700 LaSalle Bank National Association, Plaintiff, V. Anh Tuan Nguyen, Defendant(s). LaSalle Rank National Axanriatinn_ Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 27 Lenny randy Mechnnirsbyr& PA 17 Cumberland County, Pennsylvania, was true and correct to the best of its knowledge, information and belief 1. Name and address of owner(s) or reputed owner (s): Name Court of Common Pleas Cumberland County Docket #07-3290 Address Anh Tuan Nguyen 19630 Villa Rosa LP Fort Myers, FL 33967 2. Name and address of defendant(s) in the judgment: Name SAME AS ABOVE 3. None. Address Name and last address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Our File #78576 t 4. Name and address of the last recorded holder of every mortgage of record: Name Address LaSalle Bank National Association (Plaintiff) 5. Name and address of every other person who has any record lien on the property: Name Address None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Cumberland Co. Dept. of P.O. Box 320 Domestic Relations Carlisle, PA 17013 Commonwealth of PA P.O. Box 2675 Dept. of Welfare Harrisburg, PA 17105 Commonwealth of PA Dept. 280601 6t' Floor, Strawberry Square Harrisburg, PA 17128 Bureau of Individual Tax Inheritance Tax Division Attn: John Murphy Internal Revenue Service P.O. Box 12051 Federal Estate Tax Philadelphia, PA 19105 Special Procedure Branch Dept. of Public Welfare P.O. Box 8486 T.P.L. Casualty Unit Willow Oak Building Estate Recovery Program Harrisburg, PA 17105 Gable Park Associates 111 Centerville Road Lancaster, PA 17603 Silver Spring Township 6475 Carlisle Pike Mechanicsburg, PA 17050 Silver Spring Township Authority P.O. Box 1001 New Kingstown, PA 17072 Our File #78576 Tax Collector - Debra Basehore Wiest PA American Water Co. United Water of PA, Inc. PPL Utilities, Inc. UGI 269 Woods Drive Mechanicsburg, PA 17050 852 Wesley Drive Mechanicsburg, PA 17055 Harrisburg-Newberry-Mechanicsburg Ops. 4211 E. Park Circle Harrisburg, PA 17111 40 Roadway Drive Carlisle, PA 17013 1500 Paxton Street Harrisburg, PA 17104 7. Name and address of every other person of whom the plaintiff has knowledge that has any interest in the property, which may be affected by the sale: Name Address Tenant/Occupant 27 Lenox Court Mechanicsburg, PA 17050 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. #4904 relating to unworn falsification to authorities. Av ist 17,E PLUESE, BECKER & S TZMAN, LLC Date BY: R Saltzman, Esquire Attorney for Plaintiff Our File #78576 C? P%O ` C 7 rn .: Fn -77 PLUESE, BECKER & SALTZMAN, LLC By: Rob Saltzman, Esquire Attorney I.D. #53957 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 Phone: 856-813-1700 LaSalle Bank National Association, Court of Common Pleas Plaintiff, Cumberland County v. Anh Tuan Nguyen, Defendant(s). Docket #07-3290 NOTK:F nF SHERIFF'S W.F, OF RFAL F.4TATF. TO: Anh Tuan Nguyen 19630 Villa Rosa LP Fort Myers, FL 33967 Your house at 27 Lenox Court, Mechanicsburg, PA 17050, is scheduled to be sold by the Cumberland County Sheriff s Department to enforce the court judgment of $151,043.78 obtained by LaSalle Bank National Association against you. The Sheriffs Sale will be conducted on December 5, 2007, at 10:00 A.M., at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387 or, in the alternative, at a location to be determined by the Cumberland County Sheriff's Department. , NOTICE OF OWNER'S RIGHTS Y01 T MAY BE AAI.F. TO PREVENT THIS SHERIFF'S SAT, F. To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be cancelled if you pay to Plaintiff Mortgagee the back payments, late charges, costs and reasonable attorneys Fees due. To find out how much you must pay, you may call Rob Saltzman, Esquire at (215) 546-3205. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the Judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. Our File 978576 go - -1 . You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney.) YOU MAY STILT. RE ARLF. 10 SAW YOUR PROPERTY AND Y011 HAVF. OTHER RIGHTS EVEN IF THF. SHFRIFF,S ,SALF, DOES TAKF PLAC'.F._ 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Rob Saltzman, Esquire at (215) 546-3205, or by calling the Cumberland County Sheriffs Department at (717) 240-6390 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call Rob Saltzman, Esquire at (215) 546-3205, or by calling the Sheriff s office at (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At this time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Cumberland County Sheriff on or about thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Distribution sheet is posted. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Our File #78576 ALL THAT CERTAIN lot or tract of land situate in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, being Lot No. 34 as shown on a Final Subdivision Plan for Waterford Square prepared by H. Edward Black and Associates, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 67, Page 74 and being more fully bounded and described as follows: BEGINNING AT A POINT on the Southern right-of-way line of Lenox Court at the Northeast corner of Lot No. 35; thence along said right-of-way line by a curve to the left, said curve having a radius of 476.20 feet and an arc distance of 16.23 feet to a point; thence along the same by a curve to the left, said curve having a radius of 50.00 feet and an arc distance of 7.86 feet to a point; thence along Lot No. 33 South 09 degrees 37 minutes 58 seconds East, a distance of 130.64 feet to a point; thence along Phase II, other lands of Waterford Square Associates, Inc. South 80 degrees 22 minutes 02 seconds West, a distance of 24.00 feet to a point; thence along Lot No. 35 North 09 degrees 37 minutes 58 seconds West, a distance of 129.10 feet to a point, said point being the place of beginning. CONTAINING: 0.07 acre, more or less. HAVING THEREON ERECTED a two-story townhouse known and numbered as 27 Lenox Court, Mechanicsburg, Pennsylvania 17055. Tax Parcel #38-18-1342-090 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-3290 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LASALLE BANK NATIONAL ASSOCIATION Plaintiff (s) From ANH TUAN NGUYEN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $151,043.78 L.L. $.50 Interest from 8/21/07 to 12/05/07 @ $24.83 per diem - $2,631.98 Atty's Comm % Due frothy $2.00 Atty Paid $192.60 Other Costs Plaintiff Paid Date: 8/20/07 R. Long, Prothonotary (Seal) ?jy • ?.zo'r. Deputy REQUESTING PARTY: Name ROB SALTZMAN, ESQUIRE Address: PLUESE, BECKER & SALTZMAN, LLC 20000 HORIZON WAY, SUITE 900 MOUNT LAUREL, NJ 08054 Attorney for: PLAINTIFF Telephone: 856-813-1700 Supreme Court ID No. 53957 r PLUESE, BECKER & SALTZMAN, LLC By: Rob Saltzman, Esquire Attorney I.D. #53957 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 Phone: 856-813-1700 Attorney for Plaintiff AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 LaSalle Bank National Association, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 27 Lenox Court, Mechanicsbure, PA 17050, Cumberland County, Pennsylvania, was true and correct to the best of its knowledge, information and belief. 1. Name and address of owner(s) or reputed owner (s): LaSalle Bank National Association, Plaintiff, V. Anh Tuan Nguyen, Defendant(s). Name Court of Common Pleas Cumberland County Docket #07-3290 Address Anh Tuan Nguyen 19630 Villa Rosa LP Fort Myers, FL 33967 2. Name and address of defendant(s) in the judgment: Name SAME AS ABOVE Address 3. Name and last address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Discover Bank Address 6500 Albany Road New Albany, OH 43054 Our File #78576 4. Name and address of the last recorded holder of every mortgage of record: Name Address LaSalle Bank National Association (Plaintiff) 5. Name and address of every other person who has any record lien on the property: Name None. Address 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Cumberland Co. Dept. of P.O. Box 320 Domestic Relations Carlisle, PA 17013 Commonwealth of PA P.O. Box 2675 Dept. of Welfare Harrisburg, PA 17105 Commonwealth of PA Dept. 280601 6'' Floor, Strawberry Square Harrisburg, PA 17128 Bureau of Individual Tax Inheritance Tax Division Attn: John Murphy Internal Revenue Service P.O. Box 12051 Federal Estate Tax Philadelphia, PA 19105 Special Procedure Branch Dept. of Public Welfare P.O. Box 8486 T.P.L. Casualty Unit Willow Oak Building Estate Recovery Program Harrisburg, PA 17105 Gable Park Associates 111 Centerville Road Lancaster, PA 17603 Silver Spring Township 6475 Carlisle Pike Mechanicsburg, PA 17050 Silver Spring Township Authority P.O. Box 1001 New Kingstown, PA 17072 Our File #78576 Tax Collector - Debra Basehore Wiest PA American Water Co. United Water of PA, Inc. PPL Utilities, Inc. UGI 269 Woods Drive Mechanicsburg, PA 17050 852 Wesley Drive Mechanicsburg, PA 17055 Harrisburg-Newberry-Mechanicsburg Ops. 4211 E. Park Circle Harrisburg, PA 17111 40 Roadway Drive Carlisle, PA 17013 1500 Paxton Street Harrisburg, PA 17104 7. Name and address of every other person of whom the plaintiff has knowledge that has any interest in the property, which may be affected by the sale: Name Address Tenant/Occupant 27 Lenox Court Mechanicsburg, PA 17050 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 44904 relating to unswom falsification to authorities. October 29, 2007 PLUESE, BECKER & Date / BY: Pc6b Saltzman, Efsquij Attorney for Plaintiff ,LLC Our File #78576 t`? C?. c-? -? .? w- , c? ._ t c?7 ; t:? ? `? --. _ _ ? . -? ?- ?, r. -?? - 3 '? M k --y? t4i i: - ^ ' " 'ter .a 1!- / ` s r AFFIDAVIT OF, SERVICE Commonwealth of Pennsylvania County of Cumberland Common Pleas Court Case Number: 07-3290 CIVIL Court Date. 121512007 10:00 am Plaintiff: Lasalle Hank National Association vs. Defendant: Anh Tuan Nguyen For. B&R Services For Professionals Inc. Received by S&R Services For Professionals Inc. on the 31st day of Aug st, 2007 21 plm tg be served on Anh Tuen Nguyen, 19630 Villa Rosa Loa 16-dayof t. Myers, FL 997. I, ? I [?-? being duly swum, depose and say that on the he / Zp? at ?,: ., executed service by delivering a true copy of the Notice of Sheriff's Sale Of Real Estate in accordance th state statutes in the manner marked below: () INDIVIDUAL SERVICE: Served the within-named person. xA SjjBST1TUfE ERV CE: BY serving 1.618 h 111 h as Pursuant to Florida Statute 48.031 (1)(a). O POSTED SERVICE: After attempting service on -1 at and on ! at to a conspicuous place on the property described herein. () OTHER SERVICE: As described in the Comments below by serving () NON SERVICE: For the reason detailed in the Comments below. MILITARY STATUS: Based upon Inquiry of party served, defendant is not in the military service of the United States. COMMENTS: as Age Sex itA Race & h Height Weight Hair nIG Glasses Y W I certify that I have no interest in the above action, am of legal age and have proper rity in the jurisdiction in P which this service was made. to re me on the day PROCESS SERVER # by the affiant who is Appointed in accordance with State Statutes B8R Services For Professionals Inc. (?t?P1r?o?o te92-xoa oecaeaaa ssvieaa. lne. -Process s.rvere T«?Iboac v?BSb 'ri..cesi i2009 PUBLIC 235 South 13th Street =yFee $ Philadelphia, PA 19107 (800) 503-7400 Our Job Serial Number: 2007016956 7A d9£:ZI. L0 96 h0 °- N c-°? ? r -.,.,,i - r ? ? _ C' '? x 1-' ? ? 4r1 r. .i n - ` ? ?? ?? ?;? S PLUESE, BECKER & SALTZMAN, LLC Attorneys At Law Rob Saltzman, Esquire / I.D. No. 53957 20000 Horizon Way Suite 900 Mt Laurel, New Jersey 08054 (856) 813-1700 Attorney for Plaintiff LaSalle Bank National Association, Plaintiff, V. COURT OF COMMON PLEAS CUMBERLAND COUNTY Anh Tuan Nguyen, Defendant. Docket #07-3290 AFFIDAVIT PURSUANT TO Pa R.C.P. 3129.2 Joseph Giuliano, of full age, being duly sworn, deposes and states the following: 1. I am a Legal Assistant with the firm of Pluese, Becker & Saltzman, LLC, local counsel to the Plaintiff in the above-referenced mortgage foreclosure action. I make this Certification predicated upon personal knowledge, matters of record and documents maintained in our firm's file. 2. Diligent efforts have been made to identify all persons/entities holding mortgages, judgments, liens, or other interest in the subject premises of the foreclosure proceeding. The efforts made include, but are not limited to a review of the Court dockets and those interests or encumbrances disclosed by the records of the Recorder of Deeds Office in the County wherein the subject property is located. Due to circumstances beyond Plaintiff's control, such land records are accurate and report liens or interests recorded through the applicable "cover" or "board" date only, and it is not possible to ascertain the identity of any subordinate lienors whose interests have been recorded after the said cover date. 3. All persons/entities holding mortgages, judgments, liens or other interest in the subject premises, and as limited by the circumstances hereinbefore described, have been provided Notice(s) of Sheriff's Sale. See Exhibit "A", Notice of Sheriff's Sale. Our File 978576 4. The Notice(s) of Sheriff's Sale herein was (were) duly served upon the recipients in accordance with Pennsylvania Rule of Civil Procedure 3129 and/or pursuant to an Order for Alternate Service by posting the subject property and as otherwise stated in the annexed Affidavit of Service. See Proof(s) of Mailing and/or Order and/or Affidavit(s) of Service annexed, collectively marked Exhibit "B." I hereby declare that the foregoing statements are true and correct to the best of my knowledge, information and belief. I am aware that if the foregoing statements are willfully false, I am subject to punishment. Respectfully Submitted, Pluese, Becker & Saltzman, LLC A k- - . % By: ? ep,W-'Giuliano, Legal Assistant luese, Becker & Saltzman LLC Date: December 4, 2007 Our File 478576 EXHIBIT 66A" PLUESE, BECKER & SALTZMAN, LLC Attorneys at Law 20000 HORIZON WAY SUITE 900 ROB SALTZMAN . MT. LAUREL, NEW JERSEY 08054-4318 RSaltzrnanrn?,.pbslaw.org (856) 813-1700 FACSIMILE: (856) 8131720 SANFORD J. BECKER SBecker!a?pbslaw.org PENNSYLVANIA OFFICE: ROBERT T. PLUESE 425 COMMERCE DRIVE, SUITE 100 RPluesenpbslaw.org FORT WASHINGTON, PA. 19034 (215) 546-3205 ROBERT F. THOMAS . itThomastit<nbslaw.ors Please reply to: Mt. Laurel, New Jersey OF COUNSEL: Katz, Ettin & Levine, P.C. The Law Offices of Barbara A. Fein, P.C.. . PA and NJ Bars NOTICE OF CUMBERLAND COUNTY SHERIFF'S SALE To: All Interested Parties, identified in the Annexed Affidavit Re: LaSalle Bank National Association v. Anh Tuan Nguyen Docket No. 07-3290 Property: 27 Lenox Court, Mechanicsburg, PA 17050 Please be advised that the above-referenced property (and any improvements thereon) is scheduled to be sold by the Cumberland County Sheriff's Department on December 5, 2007, at 10:00 A.M. at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. This sale is scheduled pursuant to a Final Judgment in Mortgage Foreclosure entered in the amount of $151,043.78 in the Court of Common Pleas for Cumberland County. Our records indicate that you may have an interest in or judgment encumbering the mortgaged property which may be extinguished (removed) by the sale. You may wish to attend the sale or otherwise act to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after the sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. You may call the Cumberland County Sheriff's Department at (717) 240-6390 for the date on which the distribution schedule will be posted. Sincerely, By: Rob Saltzman Rob Saltzman, Esquire Attorney for Plaintiff Out File #78576 EXHIBIT "B" a LL U d PNT I C (F Co ii S ? $ 05.600 r J CJ ? L 0 . 02 1P 7 OCT 30 2007 3J 000233332 CQOE08054 FROMZIP eu61 S J ?f MAILED . ?ua1;uo R.?an?l Q s La ue ..; w o > . U) L) CD ? 0 c m c > .Wi d1 > Vl ? Q ? C IL c aoo N N Q _ - m C L l0 =U ?To Z M v Ci. E .B U) t? 4 H E O X y?y LL m C N c o m E 0 c c ? o io ? ,Q € m ? 9o U U cr m 4 01 7 N i, O 00 d 1 -00 7 m g c U d ? ? • m € 0 h o 6 v, d?nF ?p [[o ox ° c o 0 pp pp,,?? }O. C cc p E ?QQ??? .D CNl1? CL N ??G Z W ?i? Q uN m z„5F b y " N.C A O U C m y o 3 ^ d n L)L)C3 fs .. 001100 m a , i x x; p um xm xg 130 ^.2 g g? ? 0m ?? 5:1 j 0a ?t o Ac?i U G ^ Y m L kn c ?pp 0 g 7 ?i' U P„ ,C g. 0.! h C? O O O? O 7 Q U v U C Q LT. U Q ,U U AC.x U?oaoS 5wv?a:w C?F?r3 ?? a a? 00 as ?-? EE ' N Z > 7 c d ? N 13 N Gn cc O n ' o mpg 0 N CL M?x 00 Zz cc Z Ci, N h 012. N Co Ui fD ti C6 J F C m a C O O. 0 sc y m 4 O V 0 a CO N O N A a LL n: ti a M an?ia pa;aka as LL LL 6u IpueH opedS LL u 14euUJI moo as 4eu6IS L) u01; uU.Juo fJOA11 p m m wO m m ? O m - M y a tv > Q? a ?e _ ` U Y L as c ° CL (a E m?aaeS?eOC m x SID LL lC N N f? O V O ? r E c c d m ao U PIDE $o m ao ai o Q r .W m ? o 0 ? ? o N d Q ? w ?_ U o ? c $ m Zv d w "o 3Co Cye "o Ud p?00 t 2 =p?L? m rqo0 ? c ? F °°8s oLl ° ?A ° t;z °n -? a a C7 U p - a 00000 ? a oc p •^ ?, ^§ O o ri 3 p .o p.u .n .+ ° U M :5 m h U X in --I v? n. Z H cv . 0. 00 0 5C v o. • ?" H C4 Q ° ., 2 ? o a 0 0 ?a E Z? Z c ? m N D N y V) W O l x N z < -r CD 'D 0 Z E E y ° -' z a r cn 00 (? V ri v i o ao i V E° i m Q C 00 0 G m r A 0 V 0 co 4 N O N N z LL ti 00 C" 0 C/) C-, r--:o 0 cn . ? I c CA COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Jefferson Consumer Cr LLC is the grantee the same having been sold to said grantee on the 5th day of Dec A.D., 2007, under and by virtue of a writ Execution issued on the 20th day of Aug, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 3290, at the suit of LaSalle Bank N A against Anh Tuan Nguyen is duly recorded as Instrument Number 200801645. IN TESTIMONY WHEREOF, I have hereunto set my hand and eal of said office this 40/ day of of Deeds freoorder Nfieeds, Cumberland County, Carlisle, PA My Comm' Expires the First Monday of Jan. 2010 LaSalle Bank National Association VS Anh Tuan Nguyen In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-3290 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Anh Tuan Nguyen, by certified mail to her last known address of 19630 Villa Rosa LP, Fort Myers, FL 33967. This letter was mailed on September 07, 2007. The unopened letter was returned to the Cumberland County Sheriffs Office on September 27, 2007 marked "UNCLAIMED." Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2007 at 1552 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Anh Tuan Nguyen located at 27 Lenox Court, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Anh Tuan Nguyen by regular mail to her last known address of 19630 Villa Rosa LP, Fort Myers, FL 33967. This letter was mailed under the date of October 12, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 5, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $120,400.00 to Attorney Matthew Eshelman on behalf of Jefferson Consumer Credit LLC. It being the highest bid and best price received for the same, Jefferson Consumer Credit LLC of 4 State Road, #520, Media, PA 19063, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $126,287.32. Sheriff s Costs: Docketing $30.00 Poundage 2,408.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 7.68 Certified Mail 4.64 Levy 15.00 Surcharge 20.00 Law Journal 355.00 Patriot News 304.19 Share of Bills 14.92 Distribution of Proceeds 25.00 Sheriff s Deed 39.50 $3,314.43 ? 1/l tll b aldll- a Y')- . .1.!P GZ 6, z osa a0333y ?,Swexs: Ooroewgz g. Thomas Kline Shex'ff ergeant B lEstate Rea PLUESE, BECKER & SALTZMAN, LLC By: Rob Saltzman, Esquire Attorney I.D. #53957 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 Phone: 856-813-1700 LaSalle Bank National Association, Plaintiff, V. Anh Tuan Nguyen, Defendant(s). Court of Common Pleas Cumberland County I Docket #07-3290 A FFID A UT Pi iR SI I ANT TO Rj Jli .F, 3129.1 LaSalle Bank National Association, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 27 Lenox Court Mechanicsburg, PA 17050, Cumberland County, Pennsylvania, was true and correct to the best of its knowledge, information and belief. 1. Name and address of owner(s) or reputed owner (s): Name Address Anh Tuan Nguyen 19630 Villa Rosa LP Fort Myers, FL 33967 2. Name and address of defendant(s) in the judgment: Name Address SAME AS ABOVE 3 None. Name and last address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Our File #78576 1 4. Name and address of the last recorded holder of every mortgage of record: Name Address LaSalle Bank National Association (Plaintiff) 5. Name and address of every other person who has any record lien on the property: Name Address None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Cumberland Co. Dept. of P.O. Box 320 Domestic Relations Carlisle, PA 17013 Commonwealth of PA P.O. Box 2675 Dept. of Welfare Harrisburg, PA 17105 Commonwealth of PA Dept. 280601 6th Floor, Strawberry Square Harrisburg, PA 17128 Bureau of Individual Tax Inheritance Tax Division Attn: John Murphy Internal Revenue Service P.O. Box 12051 Federal Estate Tax Philadelphia, PA 19105 Special Procedure Branch Dept. of Public Welfare P.O. Box 8486 T.P.L. Casualty Unit Willow Oak Building Estate Recovery Program Harrisburg, PA 17105 Gable Park Associates 111 Centerville Road Lancaster, PA 17603 Silver Spring Township 6475 Carlisle Pike Mechanicsburg, PA 17050 Silver Spring Township Authority P.O. Box 1001 New Kingstown, PA 17072 Our File #78576 Tax Collector - Debra Basehore Wiest 269 Woods Drive Mechanicsburg, PA 17050 PA American Water Co. 852 Wesley Drive Mechanicsburg, PA 17055 United Water of PA, Inc. Harrisburg-Newberry-Mechanicsburg Ops. 4211 E. Park Circle Harrisburg, PA 17111 PPL Utilities, Inc. 40 Roadway Drive Carlisle, PA 17013 UGI 1500 Paxton Street Harrisburg, PA 17104 7. Name and address of every other person of whom the plaintiff has knowledge that has any interest in the property, which may be affected by the sale: Name Address Tenant/Occupant 27 Lenox Court Mechanicsburg, PA 17050 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. #4904 relating to unsworn falsification to authorities. Angus 17, 2007 PLUESE, BECKER & SA TZMAN, LLC Date BY: R Saltzman, Esquire Attorney for Plaintiff Our File 978576 A •PLUESE, BECKER & SALTZMAN, LLC By: Rob Saltzman, Esquire Attorney I.D. #53957 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 Phone: 856-813-1700 Attornev for Plaintiff LaSalle Bank National Association, Court of Common Pleas Plaintiff, Cumberland County V. Anh Tuan Nguyen, Defendant(s). Docket #07-3290 NOTICE OF SHERIFF'S SALE OF REAL ESTATE. TO: Anh Tuan Nguyen 19630 Villa Rosa LP Fort Myers, FL 33967 Your house at 27 Lenox Court, Mechanicsburg, PA 17050, is scheduled to be sold by the Cumberland County Sheriff s Department to enforce the court judgment of $151,043.78 obtained by LaSalle Bank National Association against you. The Sheriffs Sale will be conducted on December 5, 2007, at 10:00 A.M., at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387 or, in the alternative, at a location to be determined by the Cumberland County Sheriffs Department. NOTICE OF OWNER'S RIGHTS YOl I MAY RF ABLE TO PREVENT THIS SHERIFF'S SAT, To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be cancelled if you pay to Plaintiff Mortgagee the back payments, late charges, costs and reasonable attorneys Fees due. To find out how much you must pay, you may call Rob Saltzman, Esquire at (215) 546-3205. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the Judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. Our He #78576 -You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney.) YOU J MAY STILL RF ABLE TO SAVE YOUR PROPERTY AND YOU HAVE. OTHER RIG14TS EVEN IF THE SHERIFF'S SALE DOES TAKE PLAC'E_ 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Rob Saltzman, Esquire at (215) 546-3205, or by calling the Cumberland County Sheriff's Department at (717) 240-6390 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call Rob Saltzman, Esquire at (215) 546-3205, or by calling the Sheriff s office at (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At this time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Cumberland County Sheriff on or about thirty (30) days from the date of the Sheriff's Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Distribution sheet is posted. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Our File 978576 ALL THAT CERTAIN lot or tract of land situate in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, being Lot No. 34 as shown on a Final Subdivision Plan for Waterford Square prepared by H. Edward Black and Associates, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 67, Page 74 and being more fully bounded and described as follows: BEGINNING AT A POINT on the Southern right-of-way line of Lenox Court at the Northeast corner of Lot No. 35; thence along said right-of-way line by a curve to the left, said curve having a radius of 476.20 feet and an arc distance of 16.23 feet to a point; thence along the same by a curve to the left, said curve having a radius of 50.00 feet and an arc distance of 7.86 feet to a point; thence along Lot No. 33 South 09 degrees 37 minutes 58 seconds East, a distance of 130.64 feet to a point; thence along Phase 11, other lands of Waterford Square Associates, Inc. South 80 degrees 22 minutes 02 seconds West, a distance of 24.00 feet to a point; thence along Lot No. 35 North 09 degrees 37 minutes 58 seconds West, a distance of 129.10 feet to a point, said point beine the place of bei2innine. CONTAINING: 0.07 acre, more or less. HAVING THEREON ERECTED a two-story townhouse known and numbered as 27 Lenox Court, Mechanicsburg, Pennsylvania 17055. Tax Parcel 438-18-1342-090 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-3290 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LASALLE BANK NATIONAL ASSOCIATION Plaintiff (s) From ANH TUAN NGUYEN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $151,043.78 L.L. $.50 Interest from 8/21/07 to 12105/07 @ $24.83 per diem - $2,631.98 Atty's Comm % Due Prothy $2.00 Atty Paid $192.60 Other Costs Plaintiff Paid Date: 8/20/07 Ais R. Long, Prothonotary (Seal) Deputy REQUESTING PARTY: Name ROB SALTZMAN, ESQUIRE Address: PLUESE, BECKER & SALTZMAN, LLC 20000 HORIZON WAY, SUITE 900 MOUNT LAUREL, NJ 08054 Attorney for: PLAINTIFF Telephone: 856-813-1700 Supreme Court ID No. 53957 Real Estate Sale # 48 On September 6, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA Known and numbered as 27 Lenox Court, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 6, 2007 By: Real Estate Sergeant ?- rn- i 1 L,l .. v?.. ELLS AMENDED SCHEDULE OF DISTRIBUTION SALE NO. 48 Date Filed: January 4, 2008 Writ No. 2007-3290 Civil Term LaSalle Bank National Association VS Anh Tuan Nguyen 27 Lenox Court Mechanicsburg, PA 17050 Sale Date: December 5, 2007 Buyer: Jefferson Consumer Credit LLC Bid Price: $120,400.00 Real Debt: $151,043.78 Interest: 2,631.98 Attorney Writ Costs: 192.60 Total: $153,868.36 DISTRIBUTION: Receipts: Cash on account (08/31/2007): Cash on account (12/05/2007): Cash on account (12/21/2007): $ 2,000.00 12,040.00 114,247.32 Total Receipts: $128,287.32 Disbursements: Sheriff s Costs $3,314.43 Legal Search 300.00 Transfer Tax, Local 1,589.66 Transfer Tax, State 1,589.66 Cumberland County Tax Claim Bureau 1,821.40 Debra Weist, Tax Collector 446.80 Silver Spring Township Authority 391.10 Attorney Rob Saltzman 2,000.00 LaSalle Bank National Association 116,834.27 Total Disbursements: ($128,287.32) Balance for distribution: 0.00 So Answers: R. Thomas Kline Sheriff SCHEDULE OF DISTRIBUTION SAFE NO. 48 Date Filed: January 4, 2008 Writ No. 2007-3290 Civil Term LaSalle Bank National Association VS Anh Tuan Nguyen 27 Lenox Court Mechanicsburg, PA 17050 Sale Date: December 5, 2007 Buyer: Jefferson Consumer Credit LLC Bid Price: $120,400.00 Real Debt: $151,043.78 Interest: 2,631.98 Attorney Writ Costs: 192.60 Total: $153,868.36 DISTRIBUTION: Receipts: Cash on account (08/31/2007): Cash on account (12/05/2007): Cash on account (12/21/2007): $ 1,500.00 12,040.00 114,247.32 Total Receipts: $127,787.32 Disbursements: Sheriff s Costs $3,314.43 Legal Search 300.00 Transfer Tax, Local 1,589.66 Transfer Tax, State 1,589.66 Cumberland County Tax Claim Bureau 1,821.40 Debra Weist, Tax Collector 446.80 Silver Spring Township Authority 391.10 Attorney Rob Saltzman 2,000.00 LaSalle Bank National Association 116,334.27 Total Disbursements: ($127,787.32) Balance for distribution: 0.00 So Answers: x I VZ&I.P 4 0 R. Thomas Kline Sheriff SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale No. 48, held December 5, 2007 EFFECTIVE DATE: December 5, 2007 PREMISES: 27 Lenox Court, Mechanicsburg (Silver Spring Township), Cumberland County, Pennsylvania Tax Parcel No. 38-18-1342-090 (the "Premises") RECITAL: Being the same premises which Fine Line Homes, Inc. by its Deed dated May 14, 2001 and recorded May 21, 2001 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 244, Page 1005, granted and conveyed unto Anh Tuan Nguyen, single person. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. 3. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. 7. Any secured transactions with respect to the Premises. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. It. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after July 1, 2007. 20. Subject to the spousal rights, if any, of any spouse of Anh Tuan Nguyen. -2- 21. Mortgage in the amount of $140,000.00 from Anh Tuan Nguyen to Fremont Investment & Loan dated January 14, 2004 and recorded February 5, 2004 in Mortgage Book 1853, Page 1226, assigned June 20, 2007 in Misc. Book 737, Page 4567 to LaSalle Bank, N.A. 22. Judgment against Anh Tuan Nguyen in favor of LaSalle Bank National Association in the amount of $151,043.78 entered August 20, 2007 to No. 2007-03290. (Arising from mortgage foreclosure complaint with respect to the mortgage identified as item 21, above.) 23. Subject to the Declarations in Misc. Book 488, Page 590 and in Misc. Book 573, Page 152. 24. All building setback lines, easements, notes, conditions and all matters appearing on the Plan of Waterford Square recorded in Plan Book 67, Page 74. 25. All building setback lines, easements, notes, conditions and all matters appearing on the Plan of Phase I of Waterford Square recorded in Plan Book 72, Page 16. 26. All building setback lines, easements, notes, conditions and all matters appearing on the Plan of Hillside Farms recorded in Plan Book 10, Page 2. 27. Subject to the rights of others in and to any portion of the Premises lying within or adjoining Lenox Court. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By. V Keith O. Brenneman -3- . 4 REAL ESTATE SALE NO. 4S Writ No. 2007-3290 Civil LaSalle Bank National Association vs. Anh Tuan Nguyen Atty.: Rob Saltzman DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, being Lot No. 34 as shown on a Fi- nal Subdivision Plan for Waterford Square prepared by H. Edward Black and Associates, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 67, Page 74 and being more fully bounded and described as follows: BEGINNING AT A POINT on the Southern right-of-way line of Lenox Court at the Northeast corner of Lot No. 35; thence along said right-of- way line by a curve to the left, said curve having a radius of 476.20 feet and an are distance of 16.23 feet to a point; thence along the same by a curve to the left, said curve hav- ing a radius of 50.00 feet and an arc distance of 7.86 feet to a point; thence along Lot No. 33 South 09 degrees 37 minutes 58 seconds East, a distance of 130.64 feet to a point; thence along Phase II, other lands of Waterford Square Associates, Inc. South 80 degrees 22 minutes 02 seconds West, a distance of 24.00 feet to a point; thence along Lot No. 35 North 09 degrees 37 minutes 58 seconds West, a distance of 129.10 feet to a point, said point being the place of beginning. CONTAINING: 0.07 acre, more or less. HAVING THEREON ERECTED a two-story townhouse known and numbered as 27 Lenox Court, Me- chanicsburg, Pennsylvania 17055. Tax Parcel #38-18-1342-090. EXHIBIT A The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 14c?latriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/24/07 RMI Room gab Ns. # IlMrik 11?.?"f'1iMrm At>r•b't?a ItrMii?M?n . • 1 Ail. THAI' CIEI?AH!tlot a a?a atl?d sr6wae in ft U MA* of Sba:*M ce" of Cumbaind ' ad C,oo aft of P?ylwaio, bring Lot No. 34 ae atioo+n on a Final SW d vWm Fb6 4o[ Wiis dwd Sham prepmed' by S Edaasil Nwk ad Maoe slw rectrded is 1be Q?ae.af dse df Deedc in aed forCSaa>1« rd G90g Puna *8lia, is no Back sr, Vfie ?t *d U" seas fd1y bumded ad ae?I A as t+oifl w* BEGMNNG N A POW oa the Soohan r ON of 14M CiNg at Jk_ y -V Sworn to a o/d s scribed b f e me this 30 day of November, 2007 A.D. L__11 C Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal James L Clark, Notary Public City Of Hamer, Dauphin county My commission Expires June 2, 2008 Member, Pennsylvania Association of Notaries 10/31107 11107107 1, PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 26, November 2 and November 9, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 48 Writ No. 2007-3290 Civil LaSalle Bank National Association vs. Anh Tuan Nguyen Atty.: Rob Saltzman DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, being Lot No. 34 as shown on a Fi- nal Subdivision Plan for Waterford Square prepared by H. Edward Black and Associates, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 67, Page 74 and being more fully bounded and described as follows: BEGINNING AT A POINT on the Southern right-of-way line of Lenox Court at the Northeast corner of Lot No. 35; thence along said right-of- way line by a curve to the left, said curve having a radius of 476.20 feet Coyne, SWORN-TO AND SUBSCRIBED before me this 9 day of November. 2007 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND C]2010 My Commission Expires Apr 28,