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HomeMy WebLinkAbout03-5073STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO. 66287 KERNS, PEARLSTINE, ONORATO & FATH, 425 West Main Street P.O. Box 29 Lansdale, PA 19446-0029 (215)-855-9521 HOMECOMINGS FINANCIAL NETWORK, INC. c/o WILSHIRE CREDIT CORPORATION, 14523 SW Milliken Way, Suite 200 Beaverton, OR 97005, PLAINTIFF, V. PHILIP V. HOFFMAN 72 Lodnar Lane Carlisle, PA 17013 and BARBARA D. HOFFMAN 13 Wiltshire East Court Carlisle, PA 17013 and UNITED STATES OF AMERICA Federal Courthouse 228 Walnut Street Harrisburg, PA 17108, DEFENDANTS. LLP COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 03 - S'073 GuiL COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: LAWYER REFERRAL SERVICE COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI LISTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO. 66287 KERNS, PEARLSTINE, ONORATO & FATH 425 West Main Street P.O. Box 29 Lansdale, PA 19446-0029 (215)-855-9521 HOMECOMINGS FINANCIAL NETWORK, INC. c/o WILSHIRE CREDIT CORPORATION, 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005, PLAINTIFF, V. PHILIP V. HOFFMAN 72 Lodnar Lane Carlisle, PA 17013 and BARBARA D. HOFFMAN 13 Wiltshire East Court Carlisle, PA 17013 and UNITED STATES OF AMERICA Federal Courthouse 228 Walnut Street Harrisburg, PA 17108, DEFENDANTS. LLP COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 63 - s673 (?;, L I COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff hereby complains against Defendants as follows: 1. Plaintiff is Homecomings Financial Network, Inc., ("Plaintiff'), with an address in care of Wilshire Credit Corporation, 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005. 2. Plaintiff is the current holder of the mortgage described below (the "Mortgage"): (a) Parties to Mortgage: Mortgagee: People's Choice Home Loan, Inc. Mortqaqor: Philip V. Hoffman and Barbara D. Hoffman (b) Date of Mortgaqe: June 24, 2002 (c) Place and Date of Record of Mortqaqe: Recorder of Deeds Cumberland County Mortgage Book: 1763; Page: 524 Date: June 26, 2002 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No.1019 (g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assiqnment: Assignor: People's Choice Home Loan, Inc. Assignee: Homecomings Financial Network, Inc. Date of Assignment: July 2, 2002 Recording Date: As Recorded Book: As Recorded Page: As Recorded 3. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by virtue of the above-described Assignment. 4. Contemporaneous with execution of the Mortgage, Defendants executed a Fixed Note (the "Note"). A true and correct copy of the Note is attached hereto and marked as Exhibit "B." 5. The real property which is subject to the Mortgage is generally known as 195 Hickory Road, Carlisle, Pennsylvania, 17013. A true and correct copy of the legal description is attached hereto and marked as Exhibit "C." 6. The name and mailing address of Defendants is: Philip V. Hoffman, 72 Lodnar Lane, Carlisle, Pennsylvania, 17013, Barbara D. Hoffman, 13 Wiltshire East Court, Carlisle, Pennsylvania, 17013, and United States of America, 228 Walnut Street, Harrisburg, PA 17108. 7. The interest of Defendants is as Mortgagor, Real Owner, or both. 8. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of September 1, 2002, and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 9. The following amounts are due as of September 23, 2003: Principal of Mortgage debt due and unpaid Interest currently due and owing at 9.50% per annum calculated from 8/1/02, currently at $124.94 each day Property Inspections Tax/insurance Advance Late Charges at $201.91 and for each month hereafter Attorneys' Fees Title Search Certified Mail Cost $480,013.77 $52,347.93 $31.20 $4,006.97 $201.91 $1,250.00 $125.00 14.96 $537,991.74 10, Interest accrues at a per diem rate of $124.94 each day that the debt remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other expenses, costs and charges collectible under the Note and Mortgage. 11. 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 Sheriffs sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. 12. Notice pursuant to Act 91/160, was sent to Defendants on July 11, 2003. A true and correct copy of the Notice sent to each Defendant is attached hereto and marked, collectively, as Exhibit "D". 13. The United States of America is made a Defendant hereto by virtue of two tax liens it holds: (a) United States Department of the Treasury v. Barbara D. Hoffman, #2002-3906, in the amount of $40,754.15. A true and correct copy of the Notice of Federal Tax Lien is attached hereto, made a part hereof, and marked Exhibit "E"; and (b) United States Department of the Treasury v. Barbara D. Hoffman, #2003-759, in the amount of $2,265.19. A true and correct copy of the Notice of Federal Tax Lien is attached hereto, made a part hereof, and marked Exhibit "F" WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendants, in the amount set forth in paragraphs 9 and 10, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. Respectfully submitted, KERNS, PEARLSTINE, ONORATO & FATH, LLP Date: 63 BY: Stephen (File #16-113) VERIFICATION Stephen M. Hladik, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this Verification on behalf of said Plaintiff, and that the statements made in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. Due to the Plaintiff being out of the state and jurisdiction, counsel has been unable to obtain the Plaintiffs verification at this time, which verification, when received, shall be substituted in place and in stead of this verification. The undersigned understands that this statement herein is made subject to the penalties of 18 PA. C.S. §4904, relating to unsworn falsification to authorities. Date: 9VV? t Stephen M. HI i , Esquire Attorney for Plaintiff 0 • I here a t us aYCertitV th8r this is Orlgingf clo 2 ?gCt COPY of the ?aQn?sl Prepared By: Retum To: Pam Ingalls PEOPLE'S CHOICE 80IC LOAN, nzc. 7525 Irvin Canter Drives Suits 250, 7525 IRVINE CENTER DR. SUITE 250, Ixvine, CA 92618 IRVINE, CA 92618 Parcel Number:,M 21-22-0128=44 ISwea Abm Tbb Um For Rawrdbig Date] MORTGAGE illlll!!II[1111(I!l?ll trsu2 0003613901 N 311121" 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 docarnem are also provided in Section 16. (A) "Sectsrity Instrument" meads this document, which is datedirune 24, 2002 together with all Riders to this document. ($) "B02TOWer" iS?V. HOMMI AM BA1t8ARA D. HOFFMN HIS WIFE AS TENANTS 13Y T? TIES Pd Borrower is the mortgagor under this Security Instrument. (C)"Lender"is People Ia Choice Home Loan, Tue. Lender is a CORPORATION 10024868 PENNSYLVANIA - Single Family - Fermis MaelFrsddis Mac UNIF00111 INSTRUMENT (00-61PA) e70041A1 Pq.1 d 1e m4s ? VMP MORTGAGE FO1A1e • 14001621.7291 EXHIBIT a I1 J Q Form 3039 1101 Ave: Mori= 0 Order Number: 000001029 Re: Philip V. Hoffman Barbara D. Hoffman XXX32IT IA' 40 195 HICKORY AOAD CARLISLE, PA 11013 CUMBERLAND County ALL that certain lot or ground situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Southern line of Birch Road, at line of lot No. 0-10 of' the hereinafter mentioned Plan of Lots; thence by said Southern line of said road, North 86 degrees 27 minutes 04 seconds West, 130.54 feet to a point; thence by said road and by Hickory Road, by a curve to the left, with a radius of 15 feet, a tangent of 14.40 feet and an are distance of 22.95 feet to a point an the Eastern side of Hickory Road; thence by the latter, South 5 degrees 52 minutes 07.5 seconds Nest, 175.60 feet to a point, the line of Lot No. B-24 of said Plan; thence by the latter lot, South 84 degrees 07 minutes 52.5 seconds East, 147.95 feet to the line of Lot No. 8-11 of said plan; thence by said lot and Lot No. B-10 of said Plan, North 4 degrees 56 minutes 44 seconds East, 195.89 feet to the Place of Beginning. BEING Lot No. B-23 of the Plan of Lots.known as Reis Acres Estates, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Bock No. 19, pages 32 and 33. SUBJECT, HOWEVER, to the following building and use restrictions with which the grantees, their heirs and assigns, agree to comply by the acceptance of thin dead; 1. Said lot shall be used for residential purposes only and no structure skull be, treated thereon unless the plan and site location thereof has been approved by the grantor herein, or by its successors and assign. 2. Each lot shall have a frontage on the street or road of not less than 100 feet and no structure shall be erected within 40 feet of the lot side of any street or road or within 10 feet of the side or rear lines of said lot, when said side or rear lines do not abut on any street or road. 3. No trailer, basement, tent, mobile home or garage shall at any time be used as a residence, either temporarily or permanently, nor shall any structure of a temporary character be-used as a residence. 4. No outhouses or cesspoCIS shall be permitted an said lot but the disposal of sewage shall be accomplished by the construction of septic ank or tanks, or by public sewage disposal, if available.t 5. No vehicles, of anyone, shall be parked, at any time, on -the streets or roads of Reis Acres Estates. Said lot is conveyed subject to any utilities distribution rights of way. Tase: 3:19:22 PM Pete: 6 of 6 OrderNamber 000001029 r-J \J organized and existing under the laws ofssYGKMG Lender's address is 7525 nrnm CENTER DR. S=TS 250, SRVZNE, C4 92618 Lender is the mortgagee under this Security Instrument. (D) "Note" oceans the promissory note signed by Borrower and dated) zas 24, 2002 The Note states that Borrower owes Leader lf= r3rWRSD SIM= THOUSAND TWO HMMRED M= AND 00/100 Dollars (U.S. $480,250. DO } plug interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than July 1, 2032 (1) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by the Note. plus interest, any pnPaynent charges and late charges due under the Note, and all sums due under this Security Inartunent, plus interest. (G) "Riders" means all Riders to this Security Instrument that an executed by Borrower. The following Riders are to be executed by Borrower fcbesk box as applicable]; Adjustable. Rate Rider Condominium Rider Second Home Rider Balloon Rider Planned Unit Development Rider S 1 4 Family Rider ? VA Rider ???JJJ Biweekly Payment Rider ? Other(s) [specify] (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and order; (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (3) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, trmsfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (ID "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for. (i) damage to, or destruction of, the property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Inswance" means insurance protecting lender against the nonpayment of, or default on, the Loan. M "Periodic Payment" means the regularly scbeduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security instrument. 10024969 C®SIPAi KMOO-01 Pp 201 is „/ Form 3039 1101 A?A (O) "RESPA" means the Real Estate Settlement Procedure& Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, 'RESPA' refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Lean, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Insutmaent and the Note. For this purpose. Borrower does hereby mortgage, grant and convey to Lender the following described property located in the couNTY ['type of aeeording Jurisdiction] of CWn3ERLANA [Name of according Jurisdiodan]: SEE LEGAL DESCRIPTION ATTACHED HERETO AND MWZ A PART HEREOF AS EXHIBIT 'A' which currently has the address of 195 HICKORY ROAD CARLISLE ("Property Address"): Is"al [city], Pennsylvania 17013 [Zip Code] TOGETHER WITH all the improvements now or bereafter 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 Instument as the "Property" 10024868 / ®-BtPA) womo+ '_® Pros r a16 ? / / Form 8039 1101 • BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute it 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 fonds 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 Linder as payment under the Nate or this Security Instrucama is returned to Lender unpaid, Leader 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 dawn upon an institution whose deposits are insured by a federal agency, instrumentality, or malty; or (d) Electronic Punch Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender tray accept any payment or partial payment insufficient to bring the Loan current, without waiver of any tights hereunder or prejudice to its rights to refuse such payment or partial payments in the fumm. but Leader is not obligated to apply such payments at the time such payments are accepted. If oath Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Leader may hold such unappMed fonds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a ieammable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Fender shall be applied in the following order of priority: (a) interest due under the Note, (b) principal due under the Note; (c) amounts due under Section 3. Such payments shell be applied to each Periodic Payment in the order in which it became due. Any remaining mounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a dNinquent Periodic Payment which includes it 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 10024868 ®m WPM foemizi P.684d re `? Form 3938 1101 paid in full. To the extent that any excess exists after the payment is applied to the fall payment of one or more Periodic payments, such excess may be applied to any Inc charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance procceds, or Miscellaneous Proceeds to principal due under the Note shall pot extend or postpow the due date, or change the amount, of the Periodic Payments. 3. Fluids for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in fall, a sum (the "Funds') to provide for payment of amounts due for: (a) taxes and asseasmeats and other harts which can attaln priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasebold payments of 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 sumo payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Comanmity Association Thew, 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 Leader all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Leader 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 famish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments acrd to provide receipts shall for all purposes be deemed to be a covenant and agreement contained is 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 faila to pay the amount due for an Escrow Rem, Leader may exercise its rights under Section 9 and pay such amount and Borrower chaff then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or ill 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. Leader may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a leader can require under RESPA. Lender shell estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank, Leader shall apply the Funds to pay the Escrow items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable I.aw permits leader to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Punds. Borrower and Lender can agree in writing, however, that interest 10024860 nun. -afPnl ionom.oi wa,6q 7a ?All Form 3x39 IM 0 • shall be paid on the Funds. Lander shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held In escrow, as defined under RESPA, Lender Shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RF.SPA, and Borrower shall pay to Lender the amount necessary to mare 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, Lander 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 rants on the Property, if any, and Community Association Dues, Foes, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shell pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instnuneat unless Borrower: (a) agteerin writing to the payment of the obligation secured by the lien in a marmer w=ptable 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 Leader'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 Lrsttument. If Lender determines that any part of the Property is subject to it lien which can attain priority over this Security Inaunment, Leader may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4, Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the tam 'extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance Shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Leader'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 onatime charge for flood none 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. 10024668 030-QPA) Meca141 r." a 0 is ? 41 Form 3039 1101 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the coat of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument, Theae amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a•standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as m additional loss payee. In the event of-loss,. Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance prooteds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance pmoeeds in an amount not to exceed the amounts unpaid under the Note or this security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 10024868 HN?4a/ -atPAl ioooai.at r,pra,e /j J/ Form 3039 1101 • s 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the property as Borrower's principal residence for at least out year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be umteasonabiy withheld, or union extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, darnagt or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing In the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid lurrhtr deterioration or damage. If Insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower sball 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 is a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to MPAW 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 improvemenn on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application proceas, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Leader with material information) in connection with the Loan. Materiel 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 ibis Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security lustrmnent, (b) there is a legal proceeding that might significantly affect Lender's interest its 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 lawn or regulations), or (c) Borrower has abandoned the Property, then Leader may do and pay for whatever is reasonable or appropriate to protect Leader's interest in the Property and rights tinder this Security Instrument, including protecting and/or assessing the value of the Property, and Securing and/or repairing the Property. Lender's cations can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument (b) appearing in court: and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Scenting the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Leader 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 al) actions authorized under this Section 9. 10024668 MY,Y:i ®-61PA1 iooom.oi wu.exra ?? Farm 3038 1101 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall beer 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, If this Security Instrument is on a leasebold, Borrower shall comply with all the provisions of the lease. If Borrower acquirsa fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Inamrance. If Larder required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lends ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage'Insurance previously in effect, at a coat substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available. Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable„notwithstanding the fact that the Loan is ultimately paid in full, and Lander 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 Linder requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable, loss reserve, until Lender's requirement for Mortgage Insurance ends In accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. ' Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements art on terms and conditions that are satisfactory to the mortgage insurer and the other patty (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any 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 lasses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance. a Further; (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. 10026868 J/"//A? n W4:A Me-o(PA) looo91.01 a.a.ee+,e "W Form 3039 1101 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1999 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to lender. If the Property is damaged, such Miscellaneou§ Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and lender's security is not lessened, During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable law requires interest to be paid on such Miscellaneous Proceeds, Leader 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 Lcnder's.security would be lessened, the Miscellaneous Proceeds shall be applied to the soma secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, of 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 gtVater than the amount of the slims secured by this Security Instrument immediately before the partial -taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction; (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the an= secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the suns secured by this Security instrument, whether or not then due. "Opposing party" means the third party that owes Borrower Miscellatrecus Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrnment. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be 10026868 d ®®-BfPpl 400010.01 P." to at to Form 9098 1101 lQ7j • 0 dismissed with a ruling that, in Lender's judgment, preclude* forfeiture of the Property or other material impairment of Lender's interest in the property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Leader. All Miscellaneous proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for In Section 2. 12. Borrower Not Released; Forbearance By Leader Not a Waiver. Extension of the time for payment or modification of amortization of the a= secured by this Security Instrument granted by Leader 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. Leader shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or, remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-dgners;.Succesors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and Lability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "d:o-signer"): (a) is co-signing this Security Instrument only to mortgage, gram 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 an= secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or maize 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 shalt not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security instrument shall bind (except as provided in Section 20) and benefit the successors sad 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 Lauder's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fear, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by WO Security instrument or by Applicable Law. If the Loan is subject to a law which ads maximum loon charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the Permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by malting a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. IS. Notices. All notices given by Borrower or Leader in connection with this Security instrument must be in writing. Any notice to Borrower in connection with this Security%wJnE 11 be deemed to 10024668 /? ??&PA3 waoa+.o+ vp f+,r +e Farm 3039 1101 0 have been given to Borrower when malled by first class mail or whets actually delivered to Borrower's notice address if seat by other mesas. 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 Lander specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There tray be only one designated notice address under this Security Instrument at any one time. Any notice to Leader shall be given by delivering it or by mailing it by firat class trail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Seveability; 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 patties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument., (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "tray" 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. Mransfer of the Property or a Beneficial Interest in Borrower. As used in this Section 19. "Interest in the Property" means any legal or beneficial interest in the Property, Including, but not limited to, those beneficial interests tranaferred 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 Lender exerciser this option, Leader shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the data the notice is given in accordance with Section 15 within which Borrower must pay all sums sacred by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Night to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of. (a) five days before sale of the Property pursuant to any power of sale contained in this Security 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 than would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cults any default of any other covenants or 20024868 /? Mhhha Form Mi 1101 40-BMA)toooee.m P.O. 12a re Z?W 0 agreements; (c) pays. all expenses incurred in enfortang this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and j expenses in one or more of the following fours, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such cheek is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Services Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) ten be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (!mown as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and perfomss 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 Servioer unrelated to a sale of the Note. If there Is a change of the Loan Servicer, Borrower *Hl be given written notice of the change which will state the mane 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 servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Leader may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take conective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph, The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmentah Law and the following substances: gasoline, kerosene, other tlarmable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and 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, 10024868 n N4 ®-,IPA) toooa.o, r.o. ra of Is Pwm 3039 1101 • H/ • • Borrower shall not curse or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the press=, use, or release of a Hazardous Substance, taeates a condition that adversely affects the value of the Property. The preceding two sentences shell not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any goverrunentel or regulatory agency or private perry involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Cooditioa, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hxmrdots 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 leans, or is notified by any governments[ or regulatory authority, or any private party, that any removal or other rernedisdon of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Etvimnmama' Cleanup. NON-UNIFORM COVENANTS. Borrower and Leader further covenant and agree as follows: 22. Acceleratien; 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). Leader shall notify Borrower of, among other things: (a) the default; (b) the action required to ewe 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 Instrmment, 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-adslance of a default or any other defense of Borrower to acceleration and foreclosure. U the default k not cured as specified, Lender at its option may require immediate payment in full of all stems secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender Shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent prunittad by Applicable Law. 23. Release. Upon payment of all stems 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 Applicab)e Law, waives and releases any error or defects in proceedings to enforce this security Instrument, and hereby waives the benefit of any present or furore laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption, 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencerneit of bidding at a sberiff's sale or other sale pursuant to this Security Instrument. 26. Purchase Mousy 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 AfterJudgment. 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. 10024868 BIPA) eaoom.oe ?m ^rw 14 m,a 4a& Form 3039 1/01 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instmmmt and in any Rider executed by Borrower and recorded with it. Witnesses: ` /,//,, I (l (Seal) 1 .1 0, V. soMmm •Bnrmwer luP ?(Sea) RhYMARA D. ttotra>`mx -Bomwer (Sea) (Seal) -Borrower -BOrmwer (Seal) (Seal) -Borrower . -Borrower (Seal) (seal) -Bomiwer .Henower 10024868 4WIPAi amos).oi P"4150118 Fmm 3039 1101 Certificate of BGddIR I, (? . ? I tj 6 S t s , do hereby certify that the correct address of the within-named Mortgagee is 7525 IItvnm CENTER DR. SUITS 250, norm, ca 92618 Witness my hand this, , day of 'Tt! u E a DO;- COMMONWEALTH OF PENNSYLVANIA, On this, the oZ41*' day of undersigned officer, personally appeared P141LIP V. OvrrAmv L C/ a?a? AaeaC Of Marrg8a00 CUAt8EXL.A.JA County ss: j'006) d 00 .t , before me, the Av& 2,4&b,W ?. HDFFNI AAI 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/sheldiey executed the saw for ttie purposes herein contained. IN VMNFSS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: BOW vv9lkata FL u?ndslsy No" LaMAllan Twp., UfrW M WCwalWon Ex 3IM .r"'.. ?•,.+..?.., ,MSmDS6 PanMyNMLL lneodsaona tfouass ys _GF E ?.. rJ i ., t10b24668 CVIPAI towaiar U,wzi'mc, R - 4"-C?y Nd7???c PvB? Tide of Officer r.w?eerie ,/ Form 3039 1101 FIXED NOTE Including Prepayment Penalty r Loan Number 10024868 000394901 WT 2145 i7s222 Note 4612412001 IRVINE CALIFORNIA [Date) [City] [State] 195 HICKORY ROAD, CARLISLE, PENNSYLVANIA 17013 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. S 480,250.00 (this amount is called 'Brut 01, plus interest, to the order of the Lender. The Lender is PEOPLE'S CHOICE HOME LOAN, INC. a WYOMING CORPORATION. I will make all payments.under this Note in the form of cash, check or money 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 Did[ amount of Principal has been paid. I will pay interest at a yearly rate of 9.500 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payments on the 1st day of each month beginning on August lst,2002. 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 to interest before Principal. l$ on July 1, 2032, I still owe amounts tinder 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 P.O.Box 79157, Phoenix, AZ 85062-9157 or at a different place if required by the Note Holder. (B) AMOUNT OF MY INITIAL MONTHLY PAYMENTS My monthly payment will be in the amount of U.S. $4,038.21 . 4. BORROWERS RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known u a "Prepayment." When I make a Prepayment, l will tell the Note Holder in writing that 1 am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under this Note. 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 uanount before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment there will be no changes in the due date or in the amount of my monthly payment unless the Note Hotder agrees in writing to those changes. If my loan has an adjustable rate feature my partial prepayment may reduce the amount of my monthly payment after the first Change Date following my partial payment. However, any reduction d to my partial prepayment may be offset by an increase in the interest rate. EXHIBIT / nom) a it Page 1 of3 r1?? ttuoarol a • If the original Principal amount of this loan is S50,000 or less, I may make a full or partial Prepayment without paying any penalty. However, if the original Principal amount of this Note exceeds 550,000, and if within the first Sixty (60) months after the execution of the Security Instrument, I make full Prepayment or, in certain cues a par ill Prepayment, and the total of such Prepayment(s) in any one (1) year exceeds TWENTY PERCENT (20Z).of the original Principal amount, I will pay a Prepayment charge in an amount equal to the peymeat of SIX (6) months' advance interest on the amount prepaid which is in excess of TWENTY PERCENT (20%) of the original Principal amount 5. 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 awns already collected from me that exceeded permitted limits will be refunded to ate. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days alter the date it is due, I will pay a late charge to the Note Holder. Tice amount of the charge will be 5.000 % of my overdue paynemt of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal that has not been paid and all the interest that I owe on that amount That date must be at least 30 days after the date an which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even it; at a time when I am in default, the Note Holder does not regrdre me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses . If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. 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 fast 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 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 folly and personally obligated to keep all of the promises made in this Note, including the promise to pay the fiill 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. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. 'Notice of Dishonor? means the right to require the Note Holder to give notice to other persons that amounts ?? duo have not been paid. Page 2 of3 • J 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in sotto unsdictions. In addition to the protmdotn given to the Note Holder under this Note, a Mortgage. De of Trust, or Security Deed (the "Security Instmmemt'j, dated the same date as this Note, protects the Note Holder from possible losses that might result if I do not keep the promises that I make in this Note. That Security Instrument describes how and tinder 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: 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 Leader's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option sball not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without finther notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. •9 JJ -4 ! ?? (Seal) k F -Borrower 4 4;,; (Seal) 016111 1-1c41 HOFFMAP/ -Borrower BAR ??g?'?//-"9b. H O" 1 LI "^ -Borrower (Seal) -Borrower (Seal) -Borrower -Borrower (Seal) (Seal) (Seal) __-(Seal) -Borrower -Borrower [Sign Original Only] wie3 Page3 of3 10102101 LEGAL DESCRIPTION ALL that certain lot or ground situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows; BEGINNING at a point on the Southern line of Birch Road, at line of lot No. 8-10 of' the hereinafter mentioned Plan of Lots; thence by said Southern line of said road, North 86 degrees 27 minutes 04 seconds West, 130.54 feet to a point; thence by said road and by Hickory Road, by a curve to the left, with a radius of 15 feet, a tangent of 14.40 feet and an are distance of 22.95 feet to a point an the Eastern side of Hickory Road; thence by the latter, South 5 degrees 52 minutes 07.5 seconds West, 175.60 feet to a point, the line of Lot No. 8-24 of said Plan; thence by the latter lot, South 84 degrees 07 minutes 52.5 seconds East, 147.98 feet to the line of Lot No. 8-11 of said Plan; thence by said lot and Lot No. 8-10 of said Plan, North 4 degrees 56 minutes 44 seconds East, 195.89 feet to the Place of Beginning. BEING Lot No. 8-23 of the Plan of Lots.known as Rai$ Acres Estates, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Bock No. 19, pages 32 and 33. SUBJECT, HOWEVER, to the following building and use restrictiona? with which the grantees, their hairs and assigns, agree to comply by the acceptance of this dead: 1. Said lot shall be used for residential purposes only and no structure sriall bs erected thereon unless the plan and site location thereof has been approved by the grantor herein, or by its successors and assigns. 2. Each lot shall have a frontage on the street or road of not less than 100 feet and no structure shall be erected within 40 feet of the lot side of any street or road or within 10 feet of the side or rear lines of said lot, when said side or rear lines do not abut on any street or road. 3. No trailer, basement, tent, mobile home or garage shall at any time be used as a residence, either temporarily or permanently, nor shall any structure of a temporary character be•uaed as a residence. 4. No outhouses or cesspools shall be permitted on said lot but the disposal of sewage shall be accomplished by the construction of septic ank or tanka, or by public sewage disposal, if available.t 5. No vehicles, of anyone, shall be parked, at any time, on the streets or roads of Reis Acres Estates. Said lot is conveyed subject to any utilities distribution rights of way. a EXHIBIT N J J a WILSHIRE CREDIT CORPORATION Correspondence: P.O. Box 0517 - Portland, OR 972074517 - Voice (888) 502-0100 - Fox (303) 932-7476 - www,wfsg.com Payments: P.O. Box 650314 - Dallas, TX 73265-D314 Date July 11, 2003 Loan # 225657 HOFFMAN, PHILIP 195 HICKORY RD CARLISLE PA 1701397 ACT 91/6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on votrr home is in default and the lender intends to foreclose. Specific information about the nature of the default is Provided in the attached Pages. The HOMEOWNER'S MORTGAGE (kSSISTANCE PROGRAM (HEMAP) may be able to halo to save your home. This Notice explains how the Program works. To see if HEMAP can help, You must MEET WITH A CONSUMER CREDIT COUNSELING AGENGY 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 nuestions, You may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397, (Persons with impaired hearing can call (717) 7130-1869.) This notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOTANATTEMPT TOCOLLECT THE DEBT, BUrNOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: In Colorado, the Colorado Collection Agency Board, 1525 Sherman Street, Dunver, CO 50203, licenses collection agencies. Payments should not be sent to the Board. IDAHO: If you have been advised that your credhor is Wilshire Funding Cuiporation, First Bank of Beverly Hills, or an affiliate thereof, the majority shareholder of Wilshire Credit Corporation owns the stock of them creditors. TENNESSEE: This collection agency is licensed by the Collection Service Board, State Department of Commerce and Insurance. NYC License 1032351. Wilshire's office hours are Monday - Friday 7:00 A,M. TO 5:00 P.M. Pacific Time. Letter-17&.B 10-2-02 EXHIBIT u2 It?N a 7 J Q WILSHIRE CREDIT CORPORATION AGENCY) SIN CARGOS AL NUMBERO MENCIONADO ARRIBA. PUEDES sER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNERS' NAME: HOFFMAN, PHILIP PROPERTY ADDRESS: 195 HICKORY RD, CARLISLE PA 170139745 LOAN ACCT. NO.: 225657 ORIGINAL LENDER: FAIRBANKS CURRENT LENDEWSERVICE: Wilshire Credit Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS,, IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face - to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, 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 VP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling aReocies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL. BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: In Colorado, the Colorado Collection Agency Board, 1525 Sherman Street, Denver, CO SD203, licenses collection agencics. Payments should not be Sent to the Board. IDAHO: If you have been advised that your creditor is Wilshire Funding Corporalion, First Bank of Beverly Hills, or an affiliate thereof. the majority shareholder of Wilshire Credit Corporation owns the clock of those creditors. TENNESSEE: This collection agency is licensed by the Collection Service Board, Stare Deparmnent ofCommemeand Insurance. NYCLicense 1032551. Wilshire's office hours arc Monday - Friday 7:00 AM. To 5:00 P.M. Pacific Tim. Letter-178.B 10-2-02 WILSHIRE CREDIT CORPORATION Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file it completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH W THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after they receive your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (if you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date.) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 195 HICKORY RD, CARLISLE PA 170139748 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY PAYMENTS and the following amounts are past due: Delinquency 5 44420.31 Lars Charges $ .00 Other Charges $ 5392.13 TOTAL $ 49812,44 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable) HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $49612.44 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD, Pavmpnts must be made either by cashier's check. certified check of monov order made r3avable and sent to: Wilshire Credit Corporation, 14523 SW Milliken: Way, Suite 200, Beaverton, OR 97005. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise It's rights to accelerate the morteaee debt. This means that the entire YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT T1415 DEBT. HOWEVER IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: In Colorado, the Colorado Collection Agency Board, 1525 Sherman Street, Denver, C080203, licenses collection agencies. Payments should notbe sent to the Board. IDAHO: If you hove been advised Out yourcrediior is Wilshire Funding Corporation, Post Bank of Beverly Hills, or an affiliate thereof, the rrojorily shareholder of Wilshire Credit Corporation owns the sock of these creditors. TENNESSEE: This collection agency is licensed by the Collection Service Bard, Sate Department of Commerce and Insurance. NYC License 1032551. W ilshire's office hours ore Monday Friday 7:00 A.M. TO 5:00 P.M. Paeifx Time. Lett"-178.0 10-2.02 WILSHIRE CREDIT CORPORATION outstanding balance of the debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct it's attorneys to start legal action to foreclose upon vour mortgaged Property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to it's attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to 550.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. The attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY Period, you will not be reaulred to Pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the tight to cure the default and Prevent the sale at any time tm to one hour before the Sheriff's Sale. You may do so by Divine the total amount then past due, any late or other charges then due, reasonable attorney's fees. any costs connected with the foreclosure sale, any other costs connected with the Sheriffs Sale as specified in writing by the lender, and by Performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DAZE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment of action will be by contacting the leader. HOW TO CONTACT THE LENDER: Name of Lender: Wilshire Credit Corporation Address: PO Box 8517 Portland, Oregon 97207-8517 Phone Number: 1-800-776-0100 Fax Number: 1-800-776-6599 Contact Person: MR CHARLES FUNCHES Ext. 2735 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the tender at any time. ASSUMPTION OF MORTGAGE - You may or may not sell or transfer your home to a buyer or transferee who will YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT To COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: In Colorado, the Colorado Collection Agency Board, 1525 Shaman Street, Denver, CO 50203, licenses collection agencies. Payments should not be sent to the Board. IDAHO: lfyou have been advised that your creditor is Wilshire Funding Corporation, First Bank of Beverly Hills, or an alTliam tltdenf, the majority shareholder of Wilshire Credit Corporation owns the stock of these creditors. TENNESSEE: This collection agctwy is licensed by the Collection Service Board, Stale Department of Commerce and Insurance. NYC License 1032551. Wilshire's office hours arc Monday - Friday 7W A.M. TO 5:00 P.M. Pacific Time. Letmr-1793 10-2-02 WILSHIRE CREDIT CORPORATION assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL- THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THE MORTGAGE 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 THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENCE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEER PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OFTHIS DEBT, THIS LETTER IS NOTAN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: In Colorado, the Colorado Collection Agency Board, 1515 Shermao Street. Denver, CO 90203, licenses collection agencies. Paymeno should not be sent to the Board. IDAHO: If you have been advised that your credilor is Wilshire Funding Corporation, First Bank of Beverly Hills, or an affiliate thereof, the, majority shareholder of Wilshire Credit Corporation ovens the Block of these creditors. TENNESSEE: This collation agency is licensed by dre Collection Service Board, State Department of Commerce and Insurance. NYC License 1032551, Wnlshire'& ofEcc hoursam Monday - Friday 1:00 A.M. TO 5:00 P.M. Pacific Time. Letter-179.8 10.2-02 WILSHIRE CREDIT CORPORATION Correspordenee: P.O. Boa 8517 - Portland, OR 97207-8517 - Voice (888) 502-0100 - Fax (503) 952.7476 - www.wfs8.com Payments: P.O. Box 650314 - Dallas, TX 75265.0314 Due July 11, 2003 Loan q 225657 HOFFMAN,BARBARA 72 LADNOR LN CARLISLE PA 17013 ACT 91/6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached na¢es. The HOMEOWNER'S MORTGAGE ASSiSTANCI PROGRAM (IiEMAP) may be able to ke1D to save Your home. This Notice explains how the DroRram works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this notice with you when you meet with the Counseline Agency. The name, address and nhone number of Consumer Credit Counselins Agencies serving your County are listed gt the end of this Notice. If you have any Questions, you may call the Pennsylvania Housing Finance Agency to]] free at 1-800-342-2397. (Persons with impaired hearine can call (717) 780-1869,1 This notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADIUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA, SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOTAN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: In Colorado, the Colorado Collection Agency Board, 1525 Sherman Streel, Denver, CO SD203, iiwnes mllection agencies. Payments should not be sent to the Board. IDAHO: Ifyou have been advised thatyovr creditor k Wilshire Funding Corporation, First Bank of Beverly Hills, or an aliliate thereof, the majority shareholder of Wilshire Credit Corporation owns the atock of these creditors. TENNESSEE: This collection agency is licensed by the Collection Service Board, State Depamnent of Commerce and Insurance. NYC License 1032551. W ilshire's office hours are Monday - Friday 7.00 A.M. TO 5:00 P.M. Pacrae Time. Lettor-178.8 10.2-02 WILSHIRE CREDIT CORPORATION AGENCY) SIN CARGOS AL NUMBERO MENCIONADO ARRIBA. PUBDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMM SU HIPOTECA. HOMEOWNERS' NAME: HOFFMAN, BARBARA PROPERTY ADDRESS: 195 HICKORY RD, CARLISLE PA 1 701 3 9 74 8 LOAN ACCT. NO.: 225657 ORIGINAL LENDER: FAIRBANKS CURRENT LENDER/SERVICE: Wilshire Credit Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 rME "ACT"). YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face - to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telenhone numbers of designated consumer credit counseling agencies for the county in which the nroaerrv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your leader immediate of your intentions. APPLICATION FOR MORTGAGE-ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: An Colorado, the Colorado Collection Agency Board, 1525 Sherman Street, Denver, CO 80203, licenses collection agencies. Payments should not be sent to the Board. IDAHO: If you have been advised that youremditor is Wilshire Funding Corporation, First Bank of Beverly Hills, or an affiliate thereof, the majority shareholder of Wilshire Credit Corporation owns the stock of these creditors. TENNESSEE: This collection agency is licensed by the Collection Service Board, State Department of Commerce and Insurance. NYC license 1032551. Wilshire's office hours arc Monday - Friday 7:00 A.M. TO 5:00 P.M. Pacific Time. Letter-178.B 10-2-02 WILSHIRE CREDIT CORPORATION Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO 1X1 SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after they receive your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date.) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 195 HICKORY RD, CARLISLE PA 170139748 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY PAYMENTS and the following amounts are past due: Delinquency $ 44420.31 Late Charges S .00 Other Charges S 5392.13 TOTAL $ 49812.44 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable) HOW TO CURE THE DEFAULT - You may tune the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $49812.44 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check or money order made payable and sent to: Wilshire Credit Corporation, 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise it's rights to accelerate the morteage debt. This means that the entire YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOTAN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: In Colorado, the Colorado Collection Agency Board, 1525 Sherman Street, Denver, CO 80203, licenses collection agencies. Payments Should not be sent to the Board. IDAHO: If you have been advised that your creditor is Wilshire Funding Corporation, First Bank of Beverly Hills, or an affiliate thereof, the majority shareholder of Wilshire Credit Corporation owns the stock of these creditors. TENNESSEE: This collection agency is licensed by the Collection Service Board, State Departrnent of Commerce and Insunnce. NYC License 1032551. Wilshire's office hours are Monday - Friday 7:00 A.M. TO 5:00 P.M. Pacific Time. Letter-171I.B 10.2-02 WILSHIRE CREDIT CORPORATION outstanding balance of the debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct it's attorneys to start legal action to foreclose upon vour mortgaged property. TF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to it's attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. The attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If You cure the default within the THIRTY (30) DAY perlodtvou will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. MIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paving the total amount thc0 past due, any late or other charges then due, reasonable attorney's fees, any costs connected with the foreclosure sale. any other costs connected with the Sheriff's Sale as specified in writing by the lender, and by performing any other rzuuirements 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 - Its estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment of action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Wilshire Credit Corporation Address: PO Box 8517 Portland, Oregon 97207-8517 Phone Number: 1.800-776-0100 Fax Number: 1-800-776-6599 Contact Person: MR CHARLES FUNCHES Ext. 2735 EFFECT OF SHERIFVS SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or may not sell or transfer your home to a buyer or transferee who will YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUTNOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: In Colorado, the Colorado Collection Agency Board, 1525 Sherman Streel, Denver, CO 80203, Iieensescollection agencies. Payments should not be motto the Bard. IDAHO: If you have been advised that your creditor is Wilshire Funding Corporation, Fast Bank of Beverly Hills, or an affiliate thereof, the majority shareholder of Wilshire Credit Corporation owns the stock of these creditors. TENNESSEE: This collection agency is licensed by the Collection Service Board, State Department ofCommeree and Insurance. NYC License 1032551. Wilshire's office hours are Monday - Friday 7:00 A.M. TO 5:00 P.M. Pacific Time. Letter-178.B 10.2-02 WILSHIRE CREDIT CORPORATION assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THE MORTGAGE 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 THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENCE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS We SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER. IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OFTHIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR WEN AGAINST THE COLLATERAL PROPERTY, COLORADO: In Colorado, are Colorado Collection Agency Board, 1525 Sherman Street. Denver, CO 80203, licenses collection agescks. Payments should not be =1 to the Board. IDAHO: If you have been advised that your creditor is Wilshire Funding Carporation, First Bank of Beverly Hills, or an atBhate thereof, the majority shareholder of Wilshire Credit Corporation owns the stock of these creditors. TENNESSEE: This collection agency is licensed by the Collection Service Board. State Department of Commerce and Insure ncc. NYC Liotnec 1032551. W ilshire's office hours are Monday - Friday 7:00 A.M. TO 5:00 P.M. Pacific Time, 1-cner-178.13 10.2-02 WILSHIRE CREDIT CORPORATION Correspondence: P.O. Box 8517 - Portland. OR 97207$517 - Voice (888) 502-0100 - Fax (503) 952-7476 - www. Wfng.com Paytoenrs: P.O. Box 650314 - Dallas, TX 75265-0314 Date July 11, 2003 Loan # 225657 HOFFMAN,PAR13ARA 195 HICKORY RD CARLISLE PA 1701397 ACT 91/6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mormaee on Your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages, The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the tmoaram works, To see if HEMAP can help, you must MEET WTI71 A CONSUMER CREDIT COUNSELING AGF.NGY 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 servine your Countv are listed at the end of this Notice, If you have any ouesions. You may call the Pennsylvania Housine Finance Agencv toll free at 1-800-342-2397. [Persons with impaired hearing can call (7171780-1869.1 This notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: In Colorado, the Colorado Collection Agency Board, 1525 Shcrman Street, Denver, CO go2o3, licenses collection agencies. Payments should notbe sent to the Board. IDAHO: If you have been advised that your creditor is Wilshire Funding Corporation, First Bank of Beverly Hills, or an affiliate thereof, the majority shareholder of Wilshire Credit Corporation owns the stock of these creditors. TENNESSEE: This collection agency is licensed by the Colleenim Service Board, State Department ofCommeleeand insurance. NYC License 1032551. Wilshire's office hoursare Monday - Friday 7:00 A.M. TO 5:00 P.M. Pacific Time. Letter-1788 10-2.02 WILSHIRE CREDIT CORPORATION AGENCY) SIN CARGOS AL NUMBERO MENCONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDMA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNERS' NAME: HOFFMAN, BARBARA PROPERTY ADDRESS: 195 HICKORY RD, CARLISLE PA 170139748 LOAN ACCT. NO.: 225657 ORIGINAL LENDER: FAIRBANKS CURRENT LENDER/SERVICE: Wilshire Credit Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE-WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURF MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"t. YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE; IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY, TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face - to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (301 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 meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and teleohone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to•fice meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR ANY INFORMATION PROVIDED BY YOU Will. BE USED TO COLLECT THIS DEBT. HOWEVER IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THLS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT Of OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: In Colorado, the Colorado Collection Agency Board, 1525 Sherman Street, Denver, CO 80203, licenses collection agencies. Payments should not be sent in the Board. IDAHO: If you have been advised that your creditor is Wilshire Funding Corporation, First Bank of Beverly Hills, or an all1hate thereof, the majority shareholder of Wilshire Credit Corporoboo owns the stock of these creditors. TENNESSEE: This collection agency is licensed by the Collection Service Board, Seam Dep¢sernent of Commerce and lnsuranec. NYC License 1032551. W ilshire's office bows are Monday - Friday 790 A.M. TO 5:00 P.M. Pacifx Time. Letter-17g.B 10.2-02 WILSHIRE CREDIT CORPORATION Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUSS' FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to snake a decision after they receive your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT Brine it no to date.) NATURE OF THE DEFAULT - The MORTGAGE debt head by the above lender on your property located at: 195 HICKORY RD, CARLISLE PA 170139748 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY PAYMENTS and the following amounts are past due: Delinquency $ 44420.31 Late Charges $ .00 Other Charges $ 5392.13 TOTAL $ 49812.44 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable) HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS 149812.44 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be [Wade either-by cashier's check. certified check or [Dopey ostler made oavable and sent to: Wilshire Credit Corporation, 14523 SW Mullikin Way, Suite 200, Beaverton, OR 97005. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (D4 not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT - If you do Dot cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise it's riebts to accelerate the mort¢aee debt. This means that the entire YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A 13ANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO; In Colorado, the Colorado Collection Agency Board, 1525 Shemun Street, Denver, CO 80203, licenses collection agencies. Payments should not be sent to the Board. IDAHO: If you have been advised thatyour eredhor is Wilshire Funding Corporation, First Bank of Beverly Hills, or an affiliate thereof, the majority shareholder of Wilshire Credit Corporation owns the stock of these creditors. TENNESSEE: This collection agency is licensed by the Collection Service Board, Saab Depanmcni of Commerce end Insurance. NYC License 1032551. Wilshire's office hours are Monday . Friday 7:00 A.M. TO 5:00 P.M. Pacific Time. Letts-17LB, 10.2-02 WILSHIRE CREDIT CORPORATION outstanding balance of the debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct it's attorneys to start legal action to foreclose upon Your morteseed Prouerty, IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to it's attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. The attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to Day attorney's fees, OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, You still have the riaht to cure the default and vrevent the sale at any time up to one hour before the Sheriffs Sale, You may do so by ravine the total amount then vast due, any late or other charees then due, reasonable attomey's fees. any costs connected with the foreclosure sale, any other costs connected with the Sheriffs Sale as specified in writing by the lender, and by performing any other requirements under the morteatte. 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 §HERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment of action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Wilshire Credit Corporation Address: PO Box 8517 Portland, Oregon 97207-8517 Phone Number: 1-800-776-0100 Fax Number: 1-800-776-6599 Contact Person: MR CHARLES PUNCHES Est. 2735 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs We, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or may not sell or transfer your home to a buyer or transferee who will YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: In Colorado, the Colorado Collection Agency Board, 1525 Sherman Street, Denver, CO 80203, licenses collection agencies. Payments should not be sent to the Board. IDAHO: If you have been advised that your creditor is Wilshire Funding Corporation, First Bank of Beverly Hills, or an affiliate thereof, the majority shareholder of Wilshire Credit Corporation owns the stock of these creditors . TENNESSEE: This collection agency Is licensed by the Collection Service Board, Stale Depanmcm of Commerce and Insurance. NYC Licence 1032551. W ilshim's office hours are Monday - Friday 7:00 A.M. TO 5:00 P.M. Pacific Time. Lcttcr-t7g.B 10.2-02 WILSHIRE CREDIT CORPORATION assume the mortgage debt, provided that all the outstanding payments, charges and attorncy's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE_RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THE MORTGAGE 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 THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENCE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY YOU SHOULD CONSIDER THIS LETTER AS COMING PROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OFTHIS DEBT, THIS LErrER IS NOTAN ATTEMPT TOCOLLECT THE DEBT, BUTNOTICE OFPOSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: in Colorado, the Colorado Collection Agency Board, 1525 Sherman Sweet, Denver, C080203, licenses collection agencies. Paytnettts should not be sent to the Board. IDAHO: If you have been advised thstyour creditor is Wilshire Funding Corporation, First Bank of Beverly Hills, or an affiliate thereof, the maioriy shareholder of Wilshire Credit Corporation owns the stock of these creditors. TENNESSEE: This collection agancy is licensed by the Collection Service Board, State Deparonent ofCommerce and Insurance. NYC License 1032551. Wilshire's office hours are Monday - Friday 7:00 A.M. TO 5:00 P.M. Pacific Time. Letter-178.8 10-7-02 499 Department of the Treasury - Internal Revenue Service 2 200 Form 668 Notice of Federal Tax Lien &. &) . 3yoG F'7_ O b 00 0) cto er 0) (Rev. Area: Serial Number For Optional Use by Recording Office SMALL BUSINESS/SELF EMPLOYED AREA #3 Y A" Lien Unit Phone: (412) 395-5265 230293519 As provided by section 6321, 6322, and 6323 of the Internal Revenue ?9G Code, we are giving a notice that taxes (including interest and penalties) have been assessed against the following-named taxpayer. We have made lZ75- -F a demand for payment of this liability, but it remains unpaid. Therefore, there is a lien in favor of the United States on all property and rights to property belonging to this taxpayer for the amount of these taxes, and o additional penalties, interest, and costs that may accrue. Name of Taxpayer BARBARA D HOFFMAN ni rT' ? - Residence 3806 MARKET ST CAMP HILL, PA 17011 IMPORTANT RELEASE INFORMATION: For each assessment listed below, - unless notice of the lien is refiled by the date given in column (e), this notice shall, on the day following such date, operate as a certificate of release as defined in IRC 6325(x). Tax Period Date of Last D for Unpaid Balance Kind of Tax Ending Identifying Number Assessment Refilling of Assessment (a) (b) (c) (d) (e) (f) 941 06/30/2000 25-1615049 10/02/2000 11/01/2010 1874.96 941 09/30/2000 25-1615049 03/12/2001 04/11/2011 3139.42 941 12/31/2000 25-1615049 03/05/2001 04/04/2011 5497.70 941 03/31/2001 25-1615049 10/01/2001 10/31/2011 6110.72 941 06/30/2001 25-1615049 09/24/2001 10/24/2011 6791.47 941 09/30/2001 25-1615049 04/01/2002 05/01/2012 6403.11 941 12/31/2001 25-1615049 04/01/2002 05/01/2012 4926.11 941 03/31/2002 25-1615049 06/24/2002 07/24/2012 6010.66 Place of Filing Prothonotary Total $ Cumberland County 40754.15 Carlisle, PA 17013 This notice was prepared and signed at PITTSBURGH, PA on this, the 01st day of August 2002 Signa re Title C , '? g EXHIBIT REVENUE OFFICER ?' ? ` ` 23-08-1448 for JANET MAR f f (717) 221-3490 x1220 (NOTE: Certificate of officer authorize ment is not essential to the validity of Notice of Federal Tax lien Rev Rul 71-466 1971 - 2 C B 409) . . , . . For m 668(Y)(c) (Rev. 10-00) ording Office a CAT. NO 60025X " 4.99 Form 668 (Y)(c) IRev. October 20001 Department of the Treasury - Internal Revenue Service Notice of Federal Tax Lien Area: Serial Number SMALL BUSINESS/SELF EMPLOYED AREA #3 Lien Unit Phone: (412) 395-5265 230301915 As provided by section 6321, 6322, and 6323 of the internal Revenue Code, we are giving a notice that taxes (including interest and penalties) have been assessed against the following-named taxpayer. We have made a demand for payment of this liability, but it remains unpaid. Therefore, there is a lien In favor of the United States on all property and rights to property belonging to this taxpayer for the amount of these taxes, and additional penalties, interest, and costs that may accrue. Name of Taxpayer BARBARA D HOFFMAN KIMBERLY'S Residence 195 HICKORY ROAD CARLISLE, PA 17013 Au- 03. 9,q FTL For Optional Use by Recording Office C& yS pu? /59 1 - IMPORTANT RELEASE INFORMATION: For each assessment listed below, unless notice of the lien is refiled by the date given in column (e), this notice shall, on the day following such date, operate as a certificate of release as defined in IRC 6325(a). Tax Period Date of Last Day for Kind of Tax Ending Identifying Number Assessment Refilling (a) (b) (c) (d) (e) 941 06/30/2002 25-1615049 09/30/2002 10/30/2012 Place of Filing Prothonotary Cumberland County Carlisle, PA 17013 This notice was prepared and signed at PITTSBURGH, PA the 13th day of February 2003 Total $ Unpaid Balance of Assessment (f) 2265.19 2265.19 , on this, Signature/' jj' Title EXHIBIT REVENUE OFFICER 23-11-1458 for JOSE YBAR .f-' 6 (717) 221-3490 (NOTE: Certificate of officer au' i t J! ?wledgmeni is not essential to the validity of Notice of Federal Tax lien Rev. Rul. 71-466, 1971 - 2 C.B. 1t< F Form 668(Y)(c) (Rev. 10-001 `a - y Recording Office CAT. NO anmcv vi V3 u { SHERIFF'S RETURN - REGULAR CASE NO: 2003-05073 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMECOMINGS FINANCIAL NETWORK VS HOFFMAN PHILIP V ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HOFFMAN PHILIP V the DEFENDANT , at 1642:00 HOURS, on the 1st day of October 2003 at 72 LADNOR LANE CARLISLE, PA 17013 by handing to VERNON HOFFMAN, MOTHER OF DEFENDANT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this - day of CZ-..n...- J oa-3 A.D. c? t. , iProthonotary So Answers: I l/ R. Thomas Kline 10/02/2003 KERNS PEARLSTINE ONORATO FATH By: De u Sh,=_ f f SHERIFF'S RETURN - REGULAR CASE NO: 2003-05073 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMECOMINGS FINANCIAL NETWORK VS HOFFMAN PHILIP V ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HOFFMAN BARBARA D the DEFENDANT , at 1723:00 HOURS, on the 1st day of October 2003 at 13 WILTSHIRE EAST COURT CARLISLE, PA 17013 by handing to BARBARA HOFFMAN a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof Sheriff's Costs: Docketing 6.00 Service 4.14 Affidavit .00 Surcharge 10.00 .00 20.14 Sworn and Subscribed to before me this J? day of 0Ct , C103 A.D. So Answers: R. Thomas Kline 10/02/2003 KERNS PEARLSTINE ONORATO FATH By : Deputy riff Prothonotary SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-05073 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HOMECOMINGS FINANCIAL NETWORK VS HOFFMAN PHILIP V ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT OCCUPANT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , OCCUPANT 195 HICKORY ROAD CARLISLE, PA 17013 195 HICKORY ROAD CARLISLE IS VACANT. Sheriff's Costs: Docketing 6.00 Service 3.45 Not Found 5.00 Surcharge 10.00 .00 24.45 So answers: i iR Thomas Kli Sheriff of Cumberland County KERNS PEARLSTINE ONORATO FATH 10/02/2003 Sworn and subscribed to before me this 7 ?'- day of 0e lo-L. ,2aDJ A. D. P of onotary ' OC 2 8 2^ 3 KERNS, PEARLSTINE, ONORATO & FATH, LLP BY: STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO: 66287 425 West Main Street, P.O. Box 29 Lansdale, PA 19446-0029 TELEPHONE: (215) 855-9521 HOMECOMINGS FINANCIAL NETWORK, INC. Go WILSHIRE CREDIT CORPORATION, Plaintiff, VS. PHILIP V. HOFFMAN, BARBARA HOFFMAN and UNITED STATES OF AMERICA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 03-5073 - Civil Tenn It is hereby stipulated and agreed by and between the undersigned counsel for Plaintiff, and Defendant, United States of America, as follows: 1. That the premises located at 195 Hickory Road, Carlisle, Pennsylvania 17013 ("Mortgaged Property"), as more fully described in the Complaint, are owned by Defendants Philip V. Hoffman and Barbara D. Hoffman subject to a mortgage in favor of Homecomings Financial Network, Inc. 2. That the Federal tax lien or liens referred to in Plaintiffs Complaint in Mortgage Foreclosure ("Complaint') in the above-captioned matter is junior in time to Plaintiffs mortgage set forth in the Complaint. 3. That Defendant, United States of America, is not indebted to the Plaintiff. 4. That Defendant, United States of America, agrees to the entry of this action of this judgment in favor of Plaintiff and against Defendant, United States of America, for foreclosure and sale of the Mortgaged Property. 5. That the Mortgaged Property shall be sold at a judicial sale, notice of which shall be served on Defendant, United States of America. 6. That the judicial sale of the Mortgaged Property shall discharge the Federal lien or liens referred to in the Complaint. €J 7. That the proceeds of sale shall be divided and distributed as the parties may be entitled. N L1 d i v J al-i 4 = C-I C 7 ^2 U 23 8. That Defendant, United States of America, preserves its right of redemption as provided in Title 28 United States Code Section 2410 (c) . 9. The parties to this Judgment by Stipulation shall bear their own respective costs in this proceeding. Consented to by: By: THOMAS A. MARINO, UNITED STATES ATTORNEY FOR TIDD =TRICTENNSYLVANIA By: - Assistant United States Attorney United States of America AND NOW, this day of ° U eLe3, 2003, it is hereby ORDERED and DECREED that this Judgment by Stipulation shall be entered as an Order of this Court. • 1! l jA W O l?- 1 I STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO: 66287 P.O. BOX 29 LANSDALE, PA 19446-0029 TELEPHONE: (215) 855-9521 HOMECOMINGS FINANCIAL NETWORK, INC. do Wilshire Credit Corporation 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005, Plaintiff, V. PHILLIP V. HOFFMAN, BARBARA D. HOFFMAN, and ANY AND ALL UNKNOWN OCCUPANTS OF 195 Hickory Road, CARLISLE, PA 17013, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 03-5073 PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the annexed Verification to the Ejectment filed in the above-captioned docket. Respectfully Submitted, KERNS, PEARLSTINE, ONORATO & FATH. LLP Date: Q- I BY: Steph n . ladik, Esquire Attorn for Plaintiff VERIFICATION The undersigned, an officer of the Corporation which is the Plaintiff in the foregoing Complaint or an officer of the Corporation which is the servicing agent of Plaintiff, and being authorized to make this verification on behalf of Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S § 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: 12 3Q D j Amgj4I A NAME: 40 ?j TITLE: V1 ?? Dn COMPANY: 1 S h n? 4 m-TI .. :-,. _? Cf7 :jO Curtis R. Long Prothonotary Office of the Protbonotarp Cumber[anb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor e)3 - S67, 3 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573