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HomeMy WebLinkAbout07-77626? G S HAPIRO & KREISMAN, LLC M': CHRISTOPER A. DENARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 LAUREN R. TABAS, ESQ., ATTORNEY I.D. NO. 93337 I LANA ZION, ESQ., ATTORNEY I.D. NO. 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-30738 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-WL2 PLAINTIFF v5. Mirsad Mustafic 152 West Middlesex Drive Carlisle, PA 17013 Sena Mustafic 152 West Middlesex Drive COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 0-7- '77(oA („ wil `Term Carlisle, PA 17013 DEFENDANT(S) COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY .ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLA IM OR RELI EF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTIIER RIGHTS I M PORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 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. NOTICIA 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 USTED NO SE DEFIENDE, LA CORTE TOMARA M EDIDAS 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 A BOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SF, ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 S HAPIRO & KREISMAN, LLC BY: CHRISTOPER A. DENARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 LAUREN R. TABAS, ESQ., ATTORNEY I.D. NO. 93337 1 LANA ZION, ESQ., ATTORNEY I.D. NO. 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-30738 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-WL2 PLAINTIFF VS. Mirsad Mustafic 152 West Middlesex Drive Carlisle, PA 17013 Sena Mustafic 152 West Middlesex Drive COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: Carlisle, PA 17013 DEFENDANT(S) COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-WL2, the address of which is,7255 Baymeadows Way Jacksonville, Florida 32256, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: Long Beach Mortgage Company Mortgagor(s): Mirsad Mustafic and Sena Mustafic (b) Date of Mortgage: September 30, 2005 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Mortgage Book 1925 Page 2400 Date: October 4, 2005 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) Assignments: Assignor: Long Beach Mortgage Company Assignee: Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-WL2 Date of Assignment: As Recorded Recording Date: As Recorded 2. 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(s). 3. The real property which is subject to the Mortgage is generally known as 152 West Middlesex Drive, Carlisle, Pa 17013 and is more specifically described as attached as part of Exhibit "A": 4. Each Mortgagor named in paragraph 1 executed a note as evidence of the debt secured by the Mortgage (the "Note"). A true and correct copy of the Note is attached and marked as Exhibit "B." 5. The name and mailing address of each Defendant is: Mirsad Mustafic, 152 West Middlesex Drive, Carlisle, PA 17013; Sena Mustafic, 152 West Middlesex Drive, Carlisle, PA 17013 6. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 7. 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 August 1, 2007 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. The following amounts are due as of December 16, 2007: Principal of Mortgage debt due and unpaid Interest due and owing at 7.975% per annum calculated from July 1, 2007 to September 30, 2007 at $29.03 each day Interest currently due and owing at 9.975% per annum calculated from October 1, 2007 at $36.31 per day Suspense/Unapplied Balance Accrued Late Charges(Late Charges will continue at the rate of $59.26 per month) Title Search/Report Fees Attorneys' Fees and Costs TOTAL $132,876.83 $2,670.76 $2,795.87 ($98.66) $70.48 $250.00 $5,000.00 $143,565.28 9. Interest accrues at a per diem rate of 36.31 each day after December 16, 2007, 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. 10. 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. 11. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et sM., was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Pursuant to the act of December 21, 1998 (P.L. 1248, No. 160) (Act 160), this Notice contains the information required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P.S. Section 403 et seq., and separate Notice of Intention to Foreclose is not required. Copies of the Notice are attached hereto as Exhibit "C". WFIEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendants, jointly and severally, in the amount set forth in paragraphs 8 and 9, 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. SHAPIRO & KREISMAN, LLC Date: Il Z? q1 BY: _ Attorneys for Plaintiff S & K File No. 07-30738 e Y?r-LV-LVV. yr ? r ?_. When recorded, mail to: LONG BEACH MORTGAGE COMPANY P.O. BOX 201085 STOCKTON, CA 95202 Loan No. 6577222.7756 Parcel Numbcr. PT P. ZIEG ER OF bE OS ' ?nvu (-t •; OCT y RPl 1i 07 (Space Above This l w 9or Rrwr#g D.n) MORTGAGE THIS MORTGAGE ("Security lnaenrmwe) is given on September 30, MIRSAD MUSTAFIC and SENA MUSTAPIC, HUSBAND AND WIFE AS JOINT 71 ("Borrower"). This Securitylnstrwaont is given to LONG BEACH MORTGAGE COWANY F whieb is organized and existing und.-r the laws ofthe State of Dclav/we address is 1400 S. DOUGLASS RD., SUITE 100, ANAHEIM, CA 92806 ("Lender"). Borrower o' One Hundrad Thirty Four Thousand Nine Hundred Twenty and nr/100•---.-••--- Dollars (U.S. This debt is evidenced by Botrower's note dated the same data as this SeuudtyInstr= moa dAy payments, with the W dept, if not paid earlier, due and payable an October I This Security hmment sectas to Lender. (a) the rapsyment of tht debt cvidwcodby the Now, eataadow and modifications of the Note; (b) the payment of all other sums, with ktemat, protect the security of this Security In* wait; and (e) the performance of BaQVwar's coves Security Instrument ad the Note. For this ptnposq Borrow= does hereby moapgc, grant cad described property located in CUMBERLAND LEGAL DESCRIPTION ATTAC_HBI) HERETO AND MADE A PART IEREOF H wtdch has the address of 152 W M DDLESEX DRIVE CARLISLE Pennsylvania 17013 ("GP Code) ("Prnpcrty Address"); PENNSYLVANWGUnp1e Family-FNMA1FW .MC Aft N FO)RISArINSTRtlMM Fee t Poo107 4'1= e V VP MORT"M FORMS - 11001MI-721 TDPAI .?ft. ,1&f K1925P02'?00 ?}d) "b;i14` . The mortgagor is , and whose Leader the principal stmt of 134,926.00 ). which providce for 2035 i@r fit, and all roanwels, mood wider paragraph 7 to tc and agreommu coder this q to Lender the fallowing Cotmty, Peoosylvaniu; (Saab; City), i?t s ?.. ,??' r?? w •vvr r-.vrr.. .. ?.. 1 Y 1 [Check applicable box(es)] Adjustable Rate Rider CasdttserdPayment Ride F-1 Balloon Rider 0 VA Rider Borrower shall promptly give Lender written notice of any brvestigation, claim, demand governmental or regulatory agency or private party involving the Property and soy Hazardous of which Borrower has acncal tmawledge. If Borrower bans, or is notified by any govemma any removal or other remediation of any Hazardous Substance affecting the Property is necom all necessary remedial actions its nocardanco with Environmental Law. As used is this patamb 20, "Hazardous SubSb am" we these afttauce8 defend as u Environmental Law and rho following substaccea: gasoline, ketowne, other flammable or t pesticides and herbicides, voladle 6otvettt 6 materials contaf*g asbestos or formaldehyde, and t this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction wh relate to bealdt, safety or envira=ental protection. NON-UNIFORM COVENANTS. Bammer and lender f wher covenant and agree as fa11 21. AcceleradW Remedies. Lender shell gtva noires to Borrower prior to aceeloratdo of any covenant or agreement In this Security Imom-cut (bat not prior to seceferadd applicable taw provides atherwise). Lender loll andfy Borrower at smotng other ddagat required co cure the deisutt; (e) when the default must be cared; and (d) that failure to cm realt in send radon of the sums secured by this Securhylastsament, hnelonn by judh Property. Leader shall further inform Borrower of the tight to reWstate Mlar oceekrodo foreclosureproceeding the non-existence of a default or any other defense of Borrawerte ac ibe default is not cured sue specked, Lender, at its option, tray require immediate psymew ft Security Instrument without further demand and my foredose this Save ft lasts Lender sholl be entided to collect all enpeases incurred in perming the remedies pro including, but not limdtad to, attorneys' free ad costs of dde evidence to the extent pertatet 22. Wean. Upon paymaat of all sums seared by ibis Security fasttttment, this Sec: conveyed steal tetntiam and became void. Attar such acctirxence, Lt ndcr shalt discharge and to Bonower. Borrower shall pay any recordadon costs. Leader My charge Batrawer a : Instrument; but only if the fee is paid to a third patty for servicas rodared and the cbaxgq applicable law. 23. Welvers. Borrower, to tbo exteutpermittodby applicable few, waives and releases any to enforce this Security htsrlum=4 and hereby waives the benefit of any present or ilrtnre Iaws I extension of time, exemption from attachment, levy and, sale, end homestead exemptiow 24. Rdnststentent Period. Borraavee6 time to reinstate provided in patagtxpb 18 ahall commencement of bidding at a sitars sale or other sere pursuant to this Security Insumcnt 25. Purehss*MoueyMer%3ga. If any of the debt sceared by this Secaritylostntment is to the Property, this Seourity lnstrumoat aball be is ptuchase monzy mortgage, 26. InterestRate Ailer Judgment Borrower agrees that the iateuxst sate payable after aJ or in an action of mortgage foraclosure shall be rho true payable £om time to time under the N 27. Riders to ills Seem* Instrum mL if one or more riders are executed by Borrower Security in w=ent, the covenants and agreements of each sucb tidar stall be incorporated Into the covenants and agraoments of this Security lastrutment its if the rider(s) were apart of this 5 (ftMiPA) W12) WPAa(eaAwgPO GK19 2 5 PG 2 4 0 1 condominium Rich 14 Planned Unit Development Rides Bin Rate tmpwvemcnt Rider Sec ORten(a) [6Pecfy] Pease a? "suit of otter action by any )trance or Envinutatastnl Law f or cegaldary a dhocity, that Boaowcr shell prooq* take or hazardous aubaWtces by e petroleum products, tmdc Daedvo materials. As used in the Pa)pasty is lacated that fallowing Borrower's breach under parsgraph 17 reties 'a) the defaoB; (b) fdw action : ilia dehult as epedfied may sl proceeding and safe of tha ad the dgbt to aasart in the efeendoand ltoraclosare. if is fall of all sums secured by no by judicial procsa ng. ided In flth pwagruph 21, of by a"osble last. Sty lnattument and the estate sd* this SWM* dnsnnment :e for WleL 8 this Seiattily of the fee is permitted under error or defects in proceedings :ayiding for stay of execution, and to one boor prior to Qhe tto Dom ma to acquire title Paw is entered an the Note i racmded together with day aW amend and sWlement ty huh went. nily hider dy Payment Rider I Home Rider ,. h • s." rte, eeea a= No. 6577222-7156 - - - V?Y-IV-iYVI VY ••..? - h I .F 13. Loan Charges, If the loan scoured by this Security Instrurocct is subject to a law wb and that law is 5na4 latecproted so that the interest or other login oWges collected or to be loan exceed the permitted limits; theo: (a) any sttcb loan ebarge ahall be reduced by the amore to the pennitted 11mit; and (b) arty sums alrouty collectedfrorn Borrower which oxceadedpcet Bottom- Lender may choose to make this refrmd by reducing the principal owed ender tJ It payment to Sorzowcr. U a refund reduces principal, the rednctioa will be treated as s 1 prepayment charge under the Now. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall bo give ' it by first class mail ualeds applicable law requires use of somber medw& The notice shall be c or any other address Borrower deaignates by notice to Leader. Any wtice to Lender AM Lender's address stated beech or any other address Lender designates by notice to Dorrower. Security Instrument shall be doomed to have been given to Borrower or Lcndcr whop Siva as p 15. Goverrdag Law; SeverebiBly. This Soeooty Instrument abaft be govatnod by I Jurisdiction in which the Property is located. To the vat that any provision of clan of this! conflicts vft applicable law, such conflict shall not aifoct other proviswris of this Sooadry host: given effect without tba conflicting provision. To this end the provisions of this Security 1= to be severable. 16. Borrower's Copy. Boaowor shall be given oar eonfotmed copy of tha Nate and of tbi 17. Trashier of the Property or a Berte&dd Interest to BDrrowar. If all or any pad of t is sold or transferred (or if a beneficial interest in Borrower is sold or minsferred and Borrower Leader's prior written consent, Lender tray, err its option, require inauudiam payment is A Seomrity Instrument However, this option shall not be axero6odby Under if exorcise is prow of this Secttaay hozamotu. if Leader exeraises this option, Mender shall give Bocrowmr oodeo of acceleration. The Woo less than 30 days from the data the notice is delivered or mailed within which Borrower tam security, Instruwhout If Borrower Sails to pay theca sums prior to the cxpintina of this porlod, L permitted by this Security Iastru mm without farther notice or dtanand on Borrower. M Borrower's Right to -Rahn totes If Borrower meets rattan] condition; Borrower enforcement of this Security Instrument discontinued et any time prior to the earlier of (a) I applicable law may specify for reinstatement) before sale of tho Property pursuant to any p Security Instrument; or (b) entry of s Judgment a fwcing this Security Iastramrnt. Mwao cam Leader ati sums whkb then would be due under this Security Instrument and rho Nom as if ua cures any default of any other covenants or agreements; (c) pays all expenses Ineumred in ea6o including, but not limited to, reasonable allumeW fees; and (d) takes sueb action as Leader m that the lien of this Security Instrument' Leader's sights in the Property and Borrower's obligat this Semaity Instrument shall continue unchanged Upon ru iustatxncnt by Botrowet; this obligations secured hereby shall remain Polly eOcOVC as if no acceleration bad occuacd. Howe pot apply in to case of aecdcratina under paragraph 17. 19. Sale of Note; Change of Loan Sarrieer. Iho Note or a partial interest in the Not f: Instrument) may br add one or awe times without prior notice to Borrower. A safe may tesult h as the "Loan Services") that cohort stwathly payments duce under the Note and this Samnity Inst or more changes of the Loan Servitor unrelated to a sale of the Note. If there is a charge of the L given written notice of rho ebange in accordance with paragraph 14 above and applicable law. Th, address of the new Loan Services and the address to which payments should be made. The not information required by applicable law. 20. HwArdens Substances. Barrowwcr shall not cause or permit the presence, uae, dis Hazardous Substances an or in the property- Botrowar shall mot do, nor allow Mayans else Property that is in vidledon of any Enviroamentst Law. The preceding two saateum AW not storage on the Property of amall quantities of Hazardous Substances That ere generally roco residential uses and to maintenaa»c of the property. (I -W(PA) (W21 P"116d ?eur? OKp 925PG24.02' I sets mardmu m loan dMes, uected is commotion with to necessary to adduce the ehage red limits will be refunded to Now or by matting a direct do] prepayment without any by delivering it of by mailing wd to the Property Address given by Sett days mail to r twtioe p mvkW for to this vided in tbla puqp" era] law and the law of the tvdw imsataetsent or the Note neotot do Noto which tube at and the Note are declared ecuritylasttnmant. Property at eayintureat In it not a numd person) without of all auras sowed by this l by federal law as of the date shall prwido speriod of not isy all eruct scoured by this tar may invoke say >;amodies ball have the right to bave rya (or rich other period as For of sale contained in this a arc than Borrower. (a) pays ieelecation had ox>cud; (b) ag lids Seamity Iosteumonk reasaaably ragW= m ensure h to pay the an secured by county iukument and the r, this right to reinstate shell u (together with this Security a champ in 60 entity (known mmt. Theta she may be cae an Servicer, Borrower will be notice will state the name and :e will also cantata any ogler suwagp, or coloose of may do. anyling affecting the ply to 60 presence, use, or to be appropdsto to normal W4. .3039 5r.AJ No. 6597222.7756 also VOY-LV?iVVI VL •..ur?? .. _._ Any 3L munts dsbwwd by Leader ender this paragraph I sball bm= sdd dooAdetl of 8mmVw sutared by this Sectnity lestrmaoat. Unless Bomwet ad Leader agree to other tarns of payment, these amoalats Ad but two bw the data of disbursement at the Kota rata and"be payable, with interest, tgton notice Flom jmdar to Bownw requesting eat P" Mortgage rosters m If Lender required mortgage ionrawe as a condition of making I hwwa mm Borrower dwg pay the premiums squired to m¦intein the waatpe ineumm it aswpgo i masoca cwoaaso required by Leader lapses or ceases to ba in effect, Borrower sits obtain coverage substantially oquWdmt to the mortgage insuteaca p?vt?USty is effect, at a w cost to Borrower of the moa pgo insurance reviously in ci?cct, from an altemato mortgage sub,tautingy egdMestmortgago m+uraooe coverage is not available, Btu mw wall pay ao I.e onetwelfW of the yea>dy mortgage futi ance psemima tieing paid by Borrower vvhaa the instant be is effect. Leader will aeoept; the and ratain these payments as a loss reserve is lieu of rm paymv= may no Ungar be r*kcA at the option of Leader, if mortgage innuarwo covers o 0 that Lender requirea) provided by eo iaserrar approved by Lender again becamea available and the premiums required to maistaiu mortgago insurance is effect, or to provide a Iota reserve, on insurance cads in awardaree wins any written agreement between Dwower and Lender of app] 9. Inspection. Leader or its agent may make reasonable entles ulm and ingmdoaa o Borrower notice at the time of or prior to an iospwtioa ap: eif'yiteg reasonable cause fog the insp 10. Coademnatiart. The psoeeeda of aay award or claim fix damt ges, direct or conseq candemnsdon or other taking of any pest of the Pmparty, or for conveyenae in lieu of coadem sball be paid to Lender. In the event of a total takin ; of rho Property, the pmcaads smell ba applied to the sums soar whether or not then due, with any excess paid to Bomawer. In the event of a partial taking a market value of Stet Property imwadiatdybc&re the taidag is equal to or greater than the two Security Instrument immediatelybefore ibo taldag, unless Borrower and bender otbawise agree this Security instrument dull be reduced by the amour, of the procaads multiplied by rite I araoust of the sums sma-ed immediately before the tal ttg, divided by (b) to fek tertian val bef ne the taking. Any bahusoe shall be paid to Borrower. In the event of a partial taking of marixt value of the Peopedy immedisklybefore the taking is less than ehc amount of The sw erJciag, unless Borrower and Lender otherwise agree is writing or unless applicable lase athare bo appiicd w tbo aP..l.. aecurul by ll<ia Scutuity lushuUmst wbodeu• Ur uvt do Suva 1ue Won jug If the Property is sbandoatdby Borrower, or if, aitex notice by Lender to Borrower that d award or settle a claim far damages, Borrower Us to respond to Leader within 30 days at Leader Is authorizedto collwand apply die prooseds, at its option, either to resimadon or r* secured by tins Swurity taetitamoeat, whether at not rhea due. Unless Leader and Bonvwor Awaise ague in tvri ft any applieWan of prom & L pos"no th,a duo daft of tits monthly payments refted to in paragraphs 1 and 2 or rbsnge the r 12. Borrower Not Rdeasedl FotbearantmeBy UnderNot a Wslver. Bxtensioa of the to of amortization of ibe sofas sewed. by this Security leatroment gmamd by Leader to any senores not operate to release the liability of the original Borrower or Boaawees avoeeasors is interest. commence p=ccd ngs agabut any successor in interest or refuse to extend Brno for paytnmi t at of Uja sums soured by thie Security Iu haven by ewou of ady JaUMAl ruadt by tits on successors in interest. Any fogbm uce by Leader in oxcreising any right or remedy shall not cxerci3e of aoy riphu or remedy. 12. Swcs w a and Asst w Buund; Joint and Savant IdAl! 4; Ce-sinners. 7bc wi Security lutrument shall bind and benefit the sueeessom and a9sipfi of Lender and Boaowe paragraph 17. Borrower's covenants and agseemants shall be joini end several. Any Borrow Inmmeat but dons not execute the Not. (a) is co-dgesing this Security lastrmcnt only to rr Borrower's interest in the Property under the terms of this Security Iaskwwot; (b) is not Pam secured by this S %m ty Instrument; ad (o) agrees that Loft and any ether 9oaower may spat make any accommodedons with.rogard to the terms of this Sezevrity lrftmeat or rho Note witb A-erupt,) 109121 PeP4d7 VPA MLw1&iP9( 1.9 2 5 PG 2 4 0 3 e bate tumid bytbis Security dbct.1K for say reason, the pay Poe premium w4tirnd to sabstar4 By egtrivalrnt to tin ,Bator approved by Leader. If des eashmanih a sum opal m )a coverage kpad or ceased to tie rnenraaoe, loss resem ma emomt and fee the period t obtaitad. Borrows shall }ray I the rogtrireroaat for mortgage ,able law to Ptopeny. Lender shell give is camudon with any are hereby assigned end l by this Samity Instrument, a Preposty in WheCb e w fair i of the no 6wzW by this writing, rite atoms sauced by Miss finswc. (a) 60 total iinwedistity e Property is which the fair vexed diatelybe161-6- provides, the Poeasods shall conndtasoor affiess to malm an the date rite notice is gives, of The Property or to rho am principal. slmll not extend or totlat of such payments. o f" PAYOM at Mammon C is istameua of Bot3anrer A& eaft shell not be required to Itheraisomod* amortization inal nowwer or Doaawer's c a waiver of or praolude the limb nail asruwouL-1 ur " subject to du provitiaa9 of r wbo c"gos this Stawity sgagr, grant and ooavey that My obligated to pay the soma to euctmd, modify, forbear or t that Borrower', tomcat Para 3M am No. 6S77232-7756 ?? .: VOY-LV^iVV, VL:JVNIp ..v.. a' TOGETHER WITH all the improvemonta tww or betcaRtr trotted on the pprraapetty, and its, appWAMMIC13'and fixtures now or hereafter it part of the property. All m7lscemants and additions shall, be oovated by this 9aetaity Insaument All of the lixegoing is mfbnd to is this Security Inaamaenr as the '1'raparty ~t ; BORROWER COVENANTS tbat Borrower is latvfulty adsed of the astato hereby and has dw )dght to wArft% grant Sad convey tht Property and that the Property is unencumbered, except for eacgm a of reeard Battowet wa MM and will ddimd ga malty the We to the Property against all clams and demands, subject to eacumbmaces of record. THIS SBCUPMY DISTAUMM combines taniform wvwmu for ztaa al we cad ars mob with limited variWoas by jwieoictian to constitute a niifotm aecurRy instrument coveting real p optaty. UNIFORM COVENANTS. Borrower sad Lender covenant and agree as (allows: 1. Paymeent of Principal and interest; Prepsymot and Late Cha lies. Borrower promptly pay whet due the principal of and interest on the debt evidenced by the Not aid say prepaymad and late tWqp, tint utoderi be Note. 2. Fonda for Theses and knursnct. Subject to applicable law or to a wrinen waives I aft Beamve shall pay to Lender on the day monthly payments as due under site Vote, tmW the Note Is paid in Nil, a rFm&j for. (a) early taxes and astessrntejtswhich mayattaiapriority over this 9acvrltylastrtttneai as alicaaa the ro) ygt>ltpaymeats ar ground rests on the Atopatty, if soy; (c) yWW hazard m t?Pany ittswwve preiaiama; (d) good btsva im penattims, tf any (e) ycady mortgage Insurance premiums, if any and (4 any sums payable by to Leader, in accordmce wiW the provisions of paragraph 83 is lien of the payment of mortgage inmecce pranimna. These i ms are called "Escrow Items." Lender may, at say dme, collect and bold ftAs In an amount cot to exceed tits maimum eat a harder for a federally refaced mortgage loan may tt qWm for Bohr vids csaaw account ruder the fcderd Real St t@Sment Finctxhtrea Am of 1974 as amended froth dme to time, 12 U.S.C. Section 2601 u seg. ("MPA% =Use no law that "In to dte Finds • acts a lesser amount. If so, Leader may, at any time, collect and bold Ponds is as amount t to d%caadtbo loser amauat. Leader may estimaw the amount of Funds due as the basis of current daft and ressomble ad asses of expeidioi w of AMM Escrow Items, or otherwise in woordanoo with applicable law. The Funds shell be holdnnn art iestitation whose deposits arc insured by a federal y, instarmouselity, W entity j:, (including Lender, if Lender is such an institution) or in say Fedtvt Home Loan BanL Leader applythe AM& to pay the E=ow Items, tender may not charge Borrower for holding and appiymg tzat Fluids, a mmaIl y the escrow account; or ?;. verifying the Escrow items, uuW% Leader pays Batcowcr interest on the Funds and applicable Leader to mdse such u dbargo. Huwcvor, Londe may rcquira Borrower to pay a one-time ob sge Pot as iadapaodaat eataaa tax nponing service „ t used by Leader is cmwection evith this loan, unless applicable law provides oQtetwisa eau as agreement is atedt or applicable late tomes iarereat to be paid, Leader" not be required to pay Botmwer say at wMimgs an to EMU Borrower and Leader may agree in writing, however, that interest shell be pi dd on tlto Fiends. ad glue to Borrower, without charge, an antral wcowating of the Fonda, chewing credits and debits to the Floods the carapace for which each debit w the Funds vm made. The ptmda are pledged u additional cecudw for all mms mAXW this BttVA* ladMMML If the ftds held by Loft exceed the amoms pttmitted to be held by applicabk law, do aeoamat to Batraanu for the excess Ponds in accordance with rho requirements of applicable law. If gee amount of Freda hold by 14odw at eery time is not sufficient to pay the Escrow Items when die, Lgn* may ,sq ugtify BagtgyMV IR d h d i B k h fi ?6 1111 k and, is Such 9M Bmaoyvyr d fi hh , e amount necessary to ma orrower a er t e up t e c ency. ma e up shall pay to Len e aa e ciency is no more tt aann twelve moothly payments, at Lender's sole discredon. Upon payment in furl of all sums secreted by this Security betntment. Leader ithall trt Thad to Botrowar any Fwuh held by Lends. K under paragraph 21, Leader aheli acquire or sell the Property, !Hier to dte aeq"QA or Sala m of the property, shall apply any Funds bold by Leader at the time of acquisition or sale as a against Ow trams seetoW by thiS S p pp 3 A pplicati ayments. Unless applicable law provides otherwise, allpsya wa ncai dby I,eadar trader pesagnhs, l and 2 shall be epp8ed: fast, to any prepayment charges due 1hnd.K the Nate; second, to am tS payable under pategrapb 2; third, to interest due; fourth, to principal duo; and last, to any seta ebugea duo under the Note. 4. Charges; Lierm Borrower shall pay aft taxes, assessments, charge,, frees and dtripos ' andbutable to rho ftyaty which may attain priority over this Security Iustcvment and teasebold payments or gromW , if any. Boevwer shalt pay these obligations In the manner provided in paragraph 2, or if not paid in shot moaner, Borrower hall pay them an time directly to the person owed paymem. Bam m= shall promptly banish to Leader ag notices of amounts be paid under this paragraph. If Borrower makes these payments diteody. Borrower shall promptly futnisb to Leader receipts 'dressing do payments. r AAH(PA)trair) Popa2o,7 Fwm30ta afar 7°°AZ MLW," T t 19 2 5 PG 2.4 0.4 Na. ISSM2-7756 w f Baaower shall promptly discharge any lien which has priority over furls Swirity Ia4s4mm writing to the payment of the obligption secured by the lien ra a maaaar acceptable to Ltwdar ( by, or defends against enforcement of 60 11ea in, legal pps?oeeditp which in the Tawws cnfatcemesat euf the Ilea; or (c) secures E+om tht holder of *C lion an agrooment utiafaeuxy to this Security iastrumem If Leader datamdaw that any part of the Property is subject to a Uez this Security Lzvumeet, Leader may give Bmrown a notice kko fying the lino. Borrower d a more of the actions set forth above within 10 days of the giving of notice. 5. Ruud or Property lunruncL Bomewer d all, keep the itopww mcatt now exist property iasmred agaiaet loss by fan, hazards included within rho toga "extended. coveaae" a floods cr flooding, for which Leader requires instmaaee. This lasatuaw shell be maintained in that Leader requm The iasmance cagier providing the insurance d a be chosen by Barron which bill not be unmosamably wiihhald. If Bom ewer fails to aasinteaa cwongs den 1W s option, obtain aavetage to pmotact Lender's tights It the property in accordance with pusym h' All insurance policies and reaewsh shall be acceptable to Landau and shall inatuda a it shall have the d& to bold the policies and nuawals. if Ineadar teagntee, Son war "Promp paid prcmiums and ranawal notices. In *a wont of loss, Boaower shall give prompt notice to d Leader may make proof of loss if not made pwaipdy by Borrower. T.Inlrtt T.rndaa creel lirttmwfrr nthnrwisr: agree in waiting, inStr:Rnrr prnlrMS athall lx ??1ii Property demagod, if the mawration or repair is economicallyfeasible and Lendals mom* u v repair is not acooomicalty feasible or Lender's security would bo lesmed, the insurance prove soured by this Security tnstramenk whether or not then due, with any oxcess paid to Boca Property, or does not answer within 30 days a notice from Lender that the irwmaoca as beer br Landa may collect the iaei mar, ptaoeads. Lads a+.tuy use tot prA m& to ropslr or rift M secured by this Security lnstrumm% whAa or not rhea dAuc.'Mr 30-day period will begin who Unless Lender cad Borrawer otherwise We in waling, any application of proceeds t postpone tits clue data of the monthly prymtents raferted to in pmgMbs 1 and 2 M cheap under paragraph 21 the Property is acquired by London, Borrower's right to any inamme pout dmage to the Propasty prior to the acquisition shall paw to Leader to the aunt of the sums we immediately prior to the acquisition. 6. Oeeugancg, Pnoetvadae, Maalntemce end Protection of the Properiyi Be Leaseholds. Bomawer:ball occupy, establish, and use the Property u Borrower's principal red execution of this Secudty 1nowetnent and shall continue to occupy the Pretty as Borrownes, Fe year after the due of occupancy, tmlan Lender otherwise agrees in writing, which contact abed or unless exteauatiog circumames exist which an beyond Bwowras'a control, Bom+awar dd the Property, allow the property to detarioraw, at commit waste as the Ptoporty. Borrower she action or proceeding, whather civil at criminal, it begun that in Landau's good A& judgment PrMrrty or nthntwivr: motrhisgy impair AM Ran r mlM by this Awrity hnstt immt nr Tsav!Wx cure such a dafaalt ad roinstato, as provided is p oomph IS, by causing the actionar pouaeedlr that, in Lender's good ikith deteamiasdon, precludes foribituro of the Barrowces interan in imPa. ant of the lien created by leis $ccmity lastrtmnant ar Lendees security bmtest Borne Borrower, during the loan application process, gave mavaiallyMn or ittnccvtataiaformatioa Or to provide Leader with any material information) In comaeation with the loan evkkacadby the l to, representations concerning Borrower's ocatipaaneyaf the 11raperty as aprineipat residence. If leasehold, Borrower qJM comply with all the provisions of the lease. If Botrowtr tiequirec leasehold and the fee dde aaball not merge unless Lander opfees to the merger in ranting. 7. Protection of Under't Rights in fire Property. If Bouomcr fink to perform Ow covens this Security Instrument, or there is a legal proceeding that may sipfficantly affect Leather's si proceeding in bardauptay, probate, for condemnation or farfcitrae or to cafomo laws or regular pay for wbatevar is necessary to protect the valor of the Property and Lendeh dgbu in the t include paying any sums secured by a lien Which bas priority over this Security Insttuma reatonebla a mmeye' fees and catering on the Property to make repairs, Althougb Landes may t 7, Lendar does not have to do so. r v.a.au7 (OteSH{PA) z 9 2 5 Pr 2 4 o 5 tDAtt.7 (aWtl4sa I ?D It Oless BotwME (a) agrees in contests in good faith the Uaa bout g the Von to which may min priorhy over rodcfly the lien or trka a= or or hateafter tweeted op the way otber busids, including o ataoanrs and for the periods subject to Lender's approval ve, Leader may, at Lenders lard mortgage doasc. Landau give to lender so receipts of itsunace carrier and Lander In mninwMian or rrosir of Me los eaed If rhotestersdom or W shall be applied to the sums cr. If Boarowor absndons The oflfared to leek a claim, then an Pcnarfy or to gt y t1t1{tld It Dodge is given. principal arena not extend or e smonat of die paymmits. Tf a end proceeds resulltim fraao td by this Sanatory Ini tment rower's Loan AppNcadaa; net within arty days attar the cut be umreasot sly Iwit Md, Lot be ? if Any farfeiame ndd result in hditi4ne of the ba dismissed IR is Property as olher material ror ad also be in deft le if omeatt to Lender (or failed a. iacl>ding, but not limited is Seem* Instrument is on a roe dde to the property, the sad agreements containai in s in rho Property (arucb as a s), then Leader may do and party. Lemdces actions may &MMMg in c&A paying action under this pamvvb aar?? Fartrr ? s? 303D teleG No. 6577222.7756 ?j. f r BY SIGNING BELOW, Borrower accepts and apeea to I in any rider(s) executed by Botmwar and rewded with it. wimessm: (Seal) •Bosr?wrr Cerdficate of Residence I, the within•tsauud Marigagea is 1600 S. DOUGLASS RD., S ANAHEIK CA 92645 Wit um my hand this day of COMMONWEALTH OF PENNSYLVANIA, On this, the '504 day of PmomUY Wesad i pp P-3 a J #1 45fiA TI C- - 4 .C persona wh09e neater 41%9-' subsenWto tha with' executed the dame for the purposes barain comalnad. 04 WITNESS WHEREOF, I barounto sat toy band and offi, My Commission Expires: COMMONWF,ALM OV KIONSY MANIA Notarial Seal Mary M. Price. Nclaty PubUe Cadisfa earo. Cumberland Ccurdy MyCOmmislbn EVhsAug.1& 2007 Mantoer. PannsYNan6 Aesom;on of Naiades 43"(PA) jm,) Pepe 7 a mp",aumvO416T 9.2 5 PG .2 4 0.6 it tmm and comaots C in this samitylaukv=&a 1A-'A 2. (5?7 MIA MUS AFlC Bmroevac SMEA ?VJUSTAFIC •Hamawv (Sea) -Somm m do beroby a c* tbat the cormat addrap of JI"!'E IQO wgmc afAfiortpgee CUI1dBHRLAND C*=w so., &VS- beg m mo, the unda ignad offer, e44 mus ta; ?te' !mown to am ( 1 im mmeot and achlowledg y Proven) to be the ial seal. : ? l l r l0 TWO of 0 w 7 Fbnlitwmn a n No. 6577222.7756 I F13MD/AMST'ABLE, RATE l (L=Pt Iade>< - ];tar Caps) THIS FiR WADiUSTAINA RATE R.MER is made an this 301h day of September , 2005 , ar d is iwxpomted into and shalt be deemed to amend ad supp'larut it the Nlm%M Deed of Trust or Security Deed (tire "Socw* bstrumoat") of the same dada Sim by the unden pod (rho "SwuWa") to aecure Sattocvet's FbmdlAdjustable Rata Note (the "Note") to LONG HRACH MORTGAGE COMPANY (the"L.eader") of the same date and covaring rite psopevty des--T;bed in the Seoutlty to sad located at iSz W MIDDL,ESI?N DLIVE CAR1,I9LE, PA 17013 IPMPC* Add") THIS NOTE PROVIDES FOR A CHANGE IN THE 80RROWER'SF INTEREST RATE AND TO AN ADJUSTA13LE INTEREST RATE. THE NO UMiTS THE AMOUNT THE BORROWER'S ADJUSTABLE RATE CAN CHANGE T ANY ONE TIME AND THE MAXIMUM RATE 'TIME BORROWER MUST PAY. 1 ADDITIONAL COV'SNANTS. In addition to the covenants and agreements made the Security Iasi me-AL Borrower and Lender hither covenant and agree as follows: A. ADJUSTABLE RATE AND MONTHLY PAYMENT EIF-A+NGES The Note provides for an initial fixed tautest rata of 7975 %. a Note also pmvMu tot a change in the initial fixed rate to an adjtutable iutormt raft, as follows: 1. AD]'USTABLE II aVMT ti n AND MONTOLY PAYfo M CHANGES (a) Chases Dates The iaitW fixed interest no will cbange in au adjustable intaroat rate on the Mit of OeWw , 2009 , and oa do fast day of the month ovary (th month thor oft. Each on which am 24ustebk interest rate could cbmge is curled a "Choup D&U." (b) The Index Tleg6iaing with the 5mt Change Data, the intracst rate will. be based on an Index. a "Iadeu" is the avuage of the London interbank oirred razes for six atotrth dolts dopasit3 in the toadon ct based on quotations at five major baWm e'LIBOR"), as set forth in the "Moncy Rtes" tendon of ne Wall Street Journal, or if the Money Rates section castes to be published or becomes unavailable for auy raps , dim as set forth in a comparable publication selected by the Lander. The most roceat index figure availab a as of the data 45 days before each Change Date is tattled the "tent Index." L. • Pennaylvanto it udi"UMabla Rata Rtd:r - Labor Popp t d3 ?ta9ae NmPt ELacrno"a us6R P4ALri'. ht, . (800?1TFd6/5 r. L is No. 65777222"7756 41-sut tOLO MNIPC = BK- 1925 FG2407 (o) Caicdation a( Changes Beforo aaoh chop Date, the Leader will cakelate my new ietcaest rate by Addtog FOttr and 1!llnety Nine Rmdredths parcamse point(s) ( 4j 10 %) to the Cmtcnt index, The Lender will then round the roault of this addition to the nattiest on -eighth of one patoenrrge point (0.125%). Subject to the limits stated in Section 1(d) on the foliowiog page. ibis t tmdod tunotmtwill be the .. ..+_ now interest taro utmY the tiara Change Date. Zbe Lander will then dotermine the amount of the mec$tly paytMOt that vm dd sufficient to repay the unpaid principal balance as of the Change Date in ftr1.1 on the Maoaity Date at the new interest rate in Ki substantially equal payments. The result of this calculation will be the new mood# eat (d) Limps ate ltsttarestRate ChRmes The interest rate at the fast Charw Date wall not be g= W theo 9.97 % Gnats than t 7975 %. Thereafter, the adjustable iutarest rate will haver be inati UM or decreasedoa any single Change Dam by more than One peroontage points ( 1.000 %) from the rate of inttrast applicable during the eeeding 6 mom bs. The adjustable interest rate will new be Smater than 13.975 °ib, wltivh is led to "Maximum Rau" or less than 7,975 % which is called the "Minitawo Rate". (e) Bf et&e Date of Changan Each new adjustable interest rato will become effective, on oaeb Change Date. amount of each now monthly payment wM be due and payable on ilia first meathly payrtaaat date altar t La Chang Dan until the amount of the mantttty payment Changes Again. 9 t}' (1) Nottco of Chaugas Tbo Lander wM deliver of mail a nodes of any changes in the adjustable interest and the Amount of the new monthly payment to the Borrower before the effective date of any change. The notice wt71 include iafonmation required by law to be given to fe Borrower 2nd also the title and telopboa amber of a person. who will answer any questions rogardiug the notice. ' & TRANSFER 0-T THE PROPERTY OR A BENEFICE 1N MUT IN 1. Umii Boaowees initial fixed interest rate obangas to an adjustable interest rate Section A above, Uniform Covenant 17 of the Security instrument provides as follows. Transfer of the Property or a Beneficiel Interest;tt Borrower. If sit or soy I ' interest in it is sold or transferred (or if a bcooficW intacst in Bomwor i3 sold or tread c a natural person) without Lender's prior written coment, Lender way, at its option, ref full of all sums secured by ibis Security lostttanew. However, this option d" not exercise is prob ibited 6y fadoral law as of the date of this 3ectuity lastmment. If Lender exeroisas Ibis option, Lander shall give P,otsowar notice of acceleratiom period of not less than 30 days from the date tine notice is delivered or rustled witbin vi Bonntytvanle VkM A4UVIh6 Rats RlAar • l thnr -41443M loco=! a.oo 9 at e .uoseartm?v>nooatPC ? 14 92 5 ecz4 08 the terms stared in of the hape ty or MW red and Boarmtrer is trot a immWistepsymontin exercised by Lender if nodoa ttba]I provide a Bortaaer must pay alt No. 65r=.7756 .a sums secured by Phis Sacmity Iasbumaat. V Bosowcr fads to pay these sums psi to the expiration of this period, Lender mg [make say remedies petmiuod by this Security Instrument with furOioc sot ce or demand an Botfuwer. 2. When Banowee's inidal tied interest tam ob uVs to on adjustable iaterDSt taro the to= atated is Seado?n A abot% Uniform CCVanamt 17 of the Wwity hrnoat coatamod in 3 on B(i) above shall than cease to be in a Iect, sad Uniform Cwaaant 17 of dw Security Instrument sbA be dal to teed ea follows; Tranrder of the Property or a BeneBold Yaterwt in Borrower. If ell of any p interest in it is sold or tmasfesed (or if a beneficial h west in Borower is sotd or trans a muwal person) without Leader's Prior wri tsca consent, for may, at its option, aq full of all anus assured by this Seaadty Iaatnrment Howeva, this optloo shall tot exscclse is proWtod by fedo al law as of We date of this Security Inswtaent L=da opdar it (a) Baraorer ruses to be mubmitled to Leader mfotmatm tegwxd by Lead aansf = as if a new lean were being made to the tnasfam. end (b) l ender reasoo* mu* will not be impaired by the loan a6 umption sad that the d* of a breach of and 6s Sea%* hmmew is asooptablo to Leader. To dw extent pefmittsd by applicable law. Lender may charge a reesoaable fee t eoeme to the loan as=nption. Loader Am may nquke the transferee to slip an ass acceptable to Lader and that obligates rho traaafarce to keep all the promises and agr and in this Saomity tnmume % B=ower will coadaue to -a obligated under the Noq u dc" Lend= Vekwas Borrower is writ & If Leader sue dud the optima to rr quirc immediate payment in full, Leader shat ao dantion. The nodes 60 provide a period of not less than 30 days from the date meaedwithin which Bomrwer mast pray all auras soemd by this Security Instrument Qrese sums prior to the expiration of this period, I.endcr may invoke any remedies i Insm matt without fucdter notice or demand on Bmawat. BY SIGNM BKOW, Bonowff accepts and Fixed/Adjustabh: Raze Rida, ? hl., o J 14.., - (S99) Bo 14110 A_rIC aacower gag AA:4 ` C (Seal) SBNA MWTAFIC BMW= agws to the terms and t of the hoparty or arty amd and Borrower is not in immediate paysoftin e exercised by Lander if 1 o sbdl not crusdsa this r to avalusfe rho intended dotomalm that Lender's covenantor smemaatin a conadon to Lendet's mptiion sgroament that is :n=m made is the Note and Sewtity Im*m=t give Borrower erotica of he notice is delivered at If Berroaror fells to pay omitted by this Security coamined is this -(Seal) .9aamvaa [sip Original 0*1 Paanayt ie Awd/AdYistabla Rata iitdw - Ubot .aetoass spa .ameartmrmrezolvc Ppo a Ce a No.6SM22 7756 4 9.-2SPG 2 4 0-9 ;J Y`. u {.. x r1` A ALL THAT CERTAIN piece or panel of land situated in the Township of Cumberland and Commonwealth of Pennsylvania, more particularly boun follows, to wit: BEC3R4MG at a pin as the southern side of North Middlesex Drive (no Middlesex Drive) (T-499) at tare dividing line between Lots Mos. I and 2 as show meautioned Plan ofLots; tluetuce along said dividing line between. Lots Nos. I and Wow, a distance of 175 feel to a pin at the line of Lands of Ruth A. Clemson; thaw lands ofRothA. Clemson, North 82 degrees 42 minutes 20 seconds West; a dista pin at the dividing lino betweea Lots Nos. 2 and 3 as drown on rho ha ckaft Lou; them along said dividing line between Lots Nos. 2 and 3, No& 17 deg= 173 P= to x p1a uu the mutl,wn mAv UMUlL bditldJcaoh Du1V (uva "'e' Drive) (T499) fast mentioned above; tbeaaao along said southem side of Nod (now known as West Middle sex Drive) (T-499), South 82 degrees 42 minutes distance of 100 fret to a pin on the same at thin dividing lime between Lots Nos. i the hereirlatt meniionW Plan of Lots, the point ad place of BEGINNING. dlesex, County of and deaon'bed as known as West on the bareinaaer South 17 degrees alongsaid lineof ce of loo ket to a watioaed Plan of E?a1s7t, a distan?as of- " 2- i&i"M Middleaax Drive D seconds East, a ad 2 as shown on BEING Lot No. 2 as shown on the Subdivision Play of Psogetty for Ruth Clansla as prepared by Ernest J. Walker, Pr+ofcsdonal Engineer, on April 24, 1972, and recorded in the Oleo of the Recorder of Deeds in and tar Cumberland County, Pennsylvania, in Plan Book 231 Page 109. BFJNG the same premises which Darnell F. Sunday and Linda M. Sunday, bull dead dated January 17, 1997, and retarded in Cumberland County, Pemsyl, Page 397, granted and corveycd unto Becky S. Kuhn, single woman, Grantor Certify this to In Cumberland andwrife,bythou Dewed Book 152, recorded unty PA of Deeds r go LOAN NO.657, _ 2-7756 FIXED/ADJUSTABLE RATE NOTE (LIBOR Index - Rate Caps) THIS NOTE PROVIDES FOR A CHANGE IN MY FIXED RATE TO AN ADJUSTABLE INTEREST RATE. THIS NOTE LIMITS THE AMOUNT MY ADJUSTABLE RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. September 30, 2005 [Date) ANAHEIM KRA 152 W MIDDLESEX DRIVE CARLISLE, PA 17013 [Property Address) CA [S1ste) MINIMUM PNOTE 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. S 134,920.00 (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is LONG BEACH MORTGAGE COMPANY I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 7.975 %. The interest rate 1 will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the first day of each month beginning on November 1 , 2005 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on October 1 , 2035 , 1 still owe amounts under this Note, 1 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 2441, Chatsworth CA 91313-2441 or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. S 987.64 This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The initial fixed interest rate I will pay will change to an adjustable interest rate on the first day of October , 2007 , and on that day every 6th month thereafter. Each date on which my adjustable interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of the London interbank offered rates for six month dollar deposits in the London market based on quotations at five major banks ("LIBOR"), as set forth in the "Money Rates" section of. The Wall Street Journal, or if the Money Rates section ceases to be published or becomes unavailable for any reason, then as set forth in a comparable publication selected by the Lender. The most recent Index figure available as of the dale 45 days before each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information- The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding Four and Ninety Nitre Hundredths percentage point(s) ( 4.990 a/6) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate 1 am required to pay at the first Change Date will not be greater than 9.975 % or less than 7.975 %. Thereafter, my adjustable interest rate will never be increased or decreased on any single Change Date by more than One percentage points ( 1.000 °.) MULTISTATE FIXEDIADJUSTABLE RATE NOTE - LIBOR Pape 7 d 3 4140265 io1+1) VMP MORTGAGE RAW - (110016211-7M 41402651 (01t26W)LG b)411 ` / l '?? r n . 4f I% LOAN NO. 65i .2-7756 from the rate of interest I have been paying for the preceding 6 months. My interest rate will never be greater than 13.975 %, which is called the "Maximum Rate" or less than 7.975 `/o which is called the "Minimum Rate". (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my adjustable interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal before they are due. Any payment of principal, before it is due, is known as a "prepayment." A prepayment of only part of the unpaid principal is known as a "partial prepayment." A prepayment of the full amount of the unpaid principal is known as a "full prepayment." If Intake a full prepayment at any time during the first 2 year(s) of the loan, I may be charged a fee as follows: If Noteholder receives a prepayment on or before the first anniversary of the date of the Note, the prepayment fee shall be equal to throe percent ( 3.000 %) of the original loan amount. If Noteholder receives a prepayment after the first anniversary but on or before the second anniversary of the date of the Note, the prepayment fee shall be two percent ( 2.000 %) of the original loan amount. I)i 'TWWI1W151?WWs The prepayment fee shall be payable upon full prepayment, voluntary or involuntary; including but not limited to a prepayment resulting from Noteholders permitted acceleration of the balance due on the Note. Notwithstanding the foregoing, nothing herein shall restrict my right to prepay at any time without penalty accrued but unpaid interest that has been added to principal. When I make a full or partial prepayment, l will notify the Noteholder in writing that I am doing so. Any partial prepayment of principal shall be applied to interest accrued on the amount prepaid and then to the principal balance of the Note which shall not reduce the amount of monthly installments of principal and interest (until reamonized as set forth in the Note at the next Payment Change Date) nor relieve me of the obligation to make the installments each and every month until the Note is paid in full. Partial prepayments shall have no effect upon the due dates or the amounts of my monthly payments unless the Noteholder agrees in writing to such changes. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me that exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal 1 owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be trcuted as a partial prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of FIFTEEN calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 6.000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal that has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver by Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. MULTISTATE FIXED/ADJUSTABLE RATE NOTE . LIBOR 4140265 ton 11 Ng. 2 m 414MM2 p1125102J LG 9W qu 0 LOAN NO. 667 1-7756 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument'), dated the same date as this Note, protects the Note Holder from possible losses that might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts l owe under this Note. Some of those conditions are described as follows: (A) Until my initial fixed rate changes to an adjustable interest rate under the terms stated in Section 4 above, Uniform Covenant 17 of the Security Instrument provides as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. 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 delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. (B) When my initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section 4 above, Uniform Covenant 17 of the Security Instrument described in Section I I(A) above shall then cease to be in effect, and Uniform Covenant 17 of the Security Instrument shall instead provide as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option if (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. "AA llrG!i "-c r (Seal) %IRSAD MUSTA C -Borrower [Sign Original Only] MULTISTATE FlXEDIADJUSTABLE RATE NOTE - LIBOR 4140265 torllr _ (Seal) -Borrower PaW 3.13 _5e,774 u.A??...L L, (Seal) SENA MUSTAFIC .Borrower _ (Seal) -Burrower 41402553 (01125102) LG Washington Mutual PO Box 44118 Jacksonville, FL 32231-4118 7100 4047 5100 4686 2496 November 4, 2007 MIRSAD MUSTAFIC 152 W MIDDLESEX DR CARLISLE PA 17013 000203 /PC 0696567866 WE ARE A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICE OF COLLECTION ACTIVITY RE: ACCOUNT # 0696567866 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default a nd the lender intends to foreclose S pf&ific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRA This Notice explains how the program works. To see if HEM AP an help. you must MEET WITH A CONSU 30 DAYS OF THE DATE OF THIS NOTICE. Take this Noti The name address and phone number of Consumer Credit Co M (HEM MER CR ce with yo unseling . AP) may be able to help to say your home. EDIT COUNSELING AGENCY WITHIN u when you meet with the Counseling A n v agencies serving your County are listed at the end of this Notice If you have any q s ions. you may call the Pennsylvania Housi ng Finance Agcy toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you rind 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 AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. ?Xh;b;f'?.. n t ?.. ?? HOMEOWNER'S NAME(S): Mirsad Mustafic PROPERTY ADDRESS: 152 W. Middlesex Dr. Carlisle PA 17013 LOAN ACCT. NUMBER: 0696567866 ORIGINAL LENDER: Lbm CURRENT LENDER/SERVICER: Washington Mutual Bank 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 DATF- THE PART O TIJIS 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. Thy, addresses. and telephone 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-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE. ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program, and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY, AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you, if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) 000203/SP999 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: 152 W. Middlesex Dr. Carlisle PA 17013 IS SERIOUSLY IN DEFAULT BECAUSE: Non-payment A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Installments: 08/01/2007 $987.64 09/01/2007 S987.64 10/01/2007 $987.64 11/01/2007 $1174.68 Other charges (explain/itemize): Uncollected Late Charges $0.00 Uncollected Fees: $0.00 Corporate advances $0.00 Less Credits $98.66 TOTAL AMOUNT PAST DUE: $4038.94 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (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 $4038.94, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash. cashier's check, certified check, or money order made payable and sent to, Washington Mutual PO BOX 41275 Jacksonville, FL 32203 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (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 M exercise its rights to accelerate the mortgage debt, This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the 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 tender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. *IF THE MORTGAGE. IS FORF.CLOYF.D UPON The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attonery's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY °eriod• you will not be required to puv attorney's fees. OTHER LENDER R .M .DI - - The lender may also sue you personally for the upaid principal balance and all other sums due under the mortgage. SP999 RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALF - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you may still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due_ plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure cal and any other rests connected with h Sheriff's Sal 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 SAL. DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 9 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Washington Mutual Address: PO Box 44118 Jacksonville, FL 322314118 Phone Number: 1-888-852-1745 Fax Number: 1-904-281-3914 Contact Person: Collection Department Email Address: www.wamuhomeloans.com EFFECT'; OF SHERIFF'c A : - 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 X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale, and that the other requirements of the mortgage are satisfied. • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THE 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 DEFENSE 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 ARE ATTACHED We may report information about your account to credit bureaus. Late payments, missed payments or other defaults on your account may be reflected in your credit report. SP999 4 Washington Mutual PO Box 44118 Jacksonville, FL 32231-4118 0696567866 7100 4047 5100 4686 2502 November 4, 2007 SENA MUSTAFIC 152 W MIDDLESEX DR CARLISLE PA 17013 000204 /PC WE ARE A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICE OF COLLECTION ACTIVITY RE: ACCOUNT # 0696567866 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE 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 rind a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. ST NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. SP999 HOMEOWNER'S NAME(S): Sena Mustafic PROPERTY ADDRESS: 152 W. Middlesex Dr. Carlisle PA 17013 LOAN ACCT. NUMBER: 0696567866 ORIGINAL LENDER: Lbm CURRENT LENDER/SERVICER: Washington Mutual Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN AVE 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 M R N Y MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORT A P TO DATE- THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses. and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are sat forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program, and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY, AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you, if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) y 000204/SP999 HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). - The MORTGAGE debt held by the above lender on your property located at: 152 W. Middlesex Dr. Carlisle PA 17013 IS SERIOUSLY IN DEFAULT BECAUSE: Non-payment A_ YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Installments: 08/0112007 $987.64 09/01/2007 $987.64 10/01/2007 $987.64 11/01/2007 $1174.68 Other charges (explain/itemize): Uncollected Late Charges $0.00 Uncollected Fees: $0.00 Corporate advances $0.00 Less Credits $98.66 TOTAL AMOUNT PAST DUE: $4038.94 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (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 $4038.94, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check. certified check or money order made payable and sent to: Washington Mutual PO BOX 41275 Jacksonville, FL 32203 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Not applicable): IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. *IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attonery's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If Xou cure the default within the THIRTY (301 DAY period. you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the upaid principal balance and all other sums due under the mortgage. SP999 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 may still have the right to cure the default and prevent the sale at anytime up to one hour the lender and by pcrforming any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 9 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. Name of Lender: Washington Mutual Address: PO Box 44118 Jacksonville, FL 32231.4118 Phone Number: 1-888-852-1745 Fax Number: 1-904-281-3914 Contact Person: Collection Department Email Address: www.wamuhomtloans.com EFFECTS OF SH .RIFF SALE, - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale, and that the other requirements of the mortgage are satisfied. • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THE 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 DEFENSE 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 ARE ATTACHED We may report information about your account to credit bureaus. Late payments, missed payments or other defaults on your account may be reflected in your credit report. SP999 VERIFICATION Christopher A. DeNardo, Esquire hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Verification as the Plaintiff is outside the jurisdiction of the Court and Plaintiff s verification could not be obtained within the tirae necessary to file this pleading, 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. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsification to authorities. SHAPIRO & KREISMAN, LLC ?t!6 BY: Christopher A. DeNardo, Esquire Attorney for Plaintiff Dated: 1 - j? ? " ! -Efl- 0 00 LIN 0 O d 00 0 9? r, SHERIFF'S RETURN - NOT SERVED CASE NO: 2007-07762 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS MUSTAFIC MIRSAD ET AL R. Thomas Kline , Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: OCCUPANT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT OCCUPANT NOT SERVED , as to 152 WEST MIDDLESEX DRIVE CARLISLE, PA 17013 THERE WERE NO OTHER ADULT OCCUPANTS. Sheriff's Costs: So answers- Docketing 6.00 Service .00 Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County -?-*00 C?,, ./16.00 SHAPIRO & KREISMAN 01/10/2008 Sworn and Subscribed to before me this day of , A. D. CASE NO: 2007-07762 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS MUSTAFIC MIRSAD ET AL MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MUSTAFIC MIRSAD the DEFENDANT , at 2100:00 HOURS, on the 9th day of January , 2008 at 152 WEST MIDDLESEX DRIVE CARLISLE, PA 17013 MIRASAD MUSTAFIC by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 00 V-13 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 01/10/2008 SHAPIRO & KREISMAN By. Deputy Sheriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-07762 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS MUSTAFIC MIRSAD ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MUSTAFIC SENA the DEFENDANT , at 2100:00 HOURS, on the 9th day of January , 2008 at 152 WEST MIDDLESEX DRIVE CARLISLE, PA 17013 by handing to SENA MUSTAFIC 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 Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscibed to before me this day of , So Answers: £ f rs R. Thomas Kline 01/10/2008 SHAPIRO & KREISMAN By: Dep y Sheriff A. D. SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-30738 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-WL2 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY PLAINTIFF VS. Mirsad Mustafic and Sena Mustafic NO:07-7762 CIVIL TERM DEFENDANTS PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES Enter Judgment IN REM in the amount of $145,730.52 in favor of the Plaintiff and against the defendants, jointly and severally, for failure to file an answer to Plaintiffs Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plaintiffs damages as follows and calculated as stated in the Complaint: Principal of mortgage debt due and unpaid $132,876.83 Interest at 7.975% from July 1, 2007 to September 30, 2007 (92 days @ $29.03 per diem) $2,670.76 Interest at 9.775% from October 1, 2007 to February 12, 2008 (135 days @ $36.31 per diem) $4,901.85 Late charges (for certain months prior to default and every month after at a rate of $59.26 per month) $129.74 Suspense/Unapplied Balance ($98.66) Title Search Report Fees $250.00 Attorneys Fees $5,000.00 TOTAL AMOUNT DUE X145,730.52 v _ Lauren R. Tabas, Esquire Attorney for Plaintiff AND NOW, judgment is entered in favor of the Plaintiff and against the Defendants and damages are assessed as above in the sum of $145,730.52. 07-30738 . Prothy. / 7 -097 09 SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-30738 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-WL2 ; PLAINTIFF VS. Mirsad Mustafic and Sena Mustafic DEFENDANTS STATE OF: Pennsylvania COUNTY OF: Montgomery COURT OF COMMON PLEAS CUMBERLAND COUNTY 07-7762 CIVIL TERM AFFIDAVIT OF NON-MILITARY SERVICE THE UNDERSIGNED being duly sworn, states that he/she is over the age of eighteen years and competent to make this affidavit and the following averments are based upon information contained in the records of the Plaintiff or servicing agent of the Plaintiff and that the above captioned Defendants last known address is as set forth in the caption and they are not to the best of our knowledge, information or belief, in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended. SHAP & KREISMAN, LLC B . muk-3 Lauren R. Tabas, Esquire GOM T" OP rZj*4 CVAN1A vv?A?. S?- AMITA?E.LW, NO" P0* ?y F 22, 012 Sworn to and subscribed before me this // ?k day of 2008. N tary Pubic dY?M,hi 4r'. _ .a. 1}t '0090 Yv k"WIA SHAPIRO & KREISMAN, LLC BY: CHRISTOPHER A. DENARDO ATTORNEY I. D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-30738 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-WL2 PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-7762 CIVIL TERM VS. Mirsad Mustafic and Sena Mustafic DEFENDANTS NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Mirsad Mustafic DATE OF NOTICE: January 30, 2008 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 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. NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tornado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o Name por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 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. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Mirsad Mustafic 152 West Middlesex Drive Carlisle, PA 17013 Sena Mustafic 152 West Middlesex Drive Carlisle, PA 17013 Christopher A. DeNardo Shapiro & Kreisman, LLC Attorney for Plaintiff SHAPIRO & KREISMAN, LLC BY: CHRISTOPHER A. DENARDO ATTORNEY I. D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-30738 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-WL2 PLAINTIFF VS. Mirsad Mustafic and Sena Mustafic DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-7762 CIVIL TERM NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Sena Mustafic DATE OF NOTICE: January 30, 2008 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 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. NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tornado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o llame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 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. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Mirsad Mustafic 152 West Middlesex Drive Carlisle, PA 17013 Sena Mustafic 152 West Middlesex Drive Carlisle, PA 17013 Christopher A. DeNardo Shapiro & Kreisman, LLC Attorney for Plaintiff SHAPIRO & KREISMAN, LLC BY: CHRISTOPHER A. DENARDO ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-30738 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-WL2 PLAINTIFF VS. Mirsad Mustafic and Sena Mustafic DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-7762 CIVIL TERM CERTIFICATION OF MAILING NOTICE UNDER RULE 237.1 The undersigned hereby certifies that a Written Notice of Intention to File a Praecipe for the Entry of Default Judgment was mailed to the defendant (s) and to his, her, their attorney of record, if any, after the default occurred and at least (10) days prior to the date of the filing of the Praecipe. Said Notice was sent on the date set forth in the copy of said Notice attached hereto, January 30, 2008 to the following Defendants: Mirsad Mustafic 152 West Middlesex Drive Carlisle, PA 17013 Sena Mustafic 152 West Middlesex Drive Carlisle, PA 17013 Kevin Dwyer, Legal Assistant to Christopher A. DeNardo for Shapiro & Kreisman, LLC SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-30738 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-WL2 PLAINTIFF vs. Mirsad Mustafic and Sena Mustafic DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:07-7762 CIVIL TERM CERTIFICATE OF SERVICE I, Lauren R. Tabas, Esquire, Attorney for the Plaintiff, hereby certify that I have served by first class mail, postage prepaid, true and correct copies of the attached papers upon the following persons or their attorney of record: Mirsad Mustafic 152 West Middlesex Drive Carlisle, PA 17013 Sena Mustafic 152 West Middlesex Drive Carlisle, PA 17013 Date mailed: 2 "//D p & KREISMAN, LLC Lauren R. Tabas, Esquire Attorney for Plaintiff 07-30738 SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar ## 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-30738 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-WL2 ; PLAINTIFF vs. Mirsad Mustafic and Sena Mustafic DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:07-7762 CIVIL TERM CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor (Plaintiff) is: Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006- WL2 11200 West Parkland Drive Milwaukee, WI 53224 and that the last known address of the judgment debtor (Defendants) is: Mirsad Mustafic 152 West Middlesex Drive Carlisle, PA 17013 Sena Mustafic 152 West Middlesex Drive Carlisle, PA 17013 & KREISMAN, LLC Lauren R. Tabas, Esquire Attorney for Plaintiff 07-30738 f0 i _ r ri 00 C ? ? OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Curtis R. Long Prothonotary TO: Mirsad Mustafic 152 West Middlesex Drive Carlisle, PA 17013 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-WL2 PLAINTIFF vs. Mirsad Mustafic and Sena Mustafic DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:07-7762 CIVIL TERM NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Curt is Prothonotary [XX] Judgment by Default [ ] Judgment for Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY LAUREN R. TABAS, ESQUIRE AT (610) 278-6800. a/id-108 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Curtis R. Long Prothonotary TO: Sena Mustafic 152 West Middlesex Drive Carlisle, PA 17013 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust ; 2006-WL2 PLAINTIFF VS. Mirsad Mustafic and Sena Mustafic DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:07-7762 CIVIL TERM NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding indicated below. urtis R. P7 Prothonotary [XX] Judgment by Default [ ] Judgment for Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY LAUREN R. TABAS, ESQUIRE AT (610) 278-6800. a,/la/o8 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Eel 19L?1IT&INeP.J PRAECIPE FOR WRIT OF EXECUTION Caption: () Confessed Judgment () Other Deutsche Bank National Trust Company, as File No. Q7- 77&,Q Trustee for Long Beach Mortgage Loan Trust Amount Due $145,730.52 2006-WL2 Interest February 13, 2008 to June 11, 2008 PLAINTIFF is $4,779.60 1 Atty's Comm I Costs VS. I I Mirsad Mustafic and Sena Mustafic DEFENDANTS TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment safe, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) See attached Legal Description PRAECIPE FOR ATTACHEMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as lisp de against real defendant(s) described in the attached exhibit. Date: 2 Signatu Print N e' en R. TabasEs wire Address: 3600 Horizon Drive, Ste. 150 King of Prussia, PA 19406 Attorney for: Plaintiff Supreme Court ID # PA Bar 4 93337 (-> s > ..r 00 i6. '? - W Sts • c c ^? - s? oo s s a 00 o (? p 0 po0 + °-° Di C c l O 00 t7- 25 D _ -Z7 IA SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-30738 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-WL2 PLAINTIFF vs. Mirsad Mustafic and Sena Mustafic DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-7762 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-WL2, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 152 West Middlesex Drive, Carlisle, PA 17013. Name and address of Owners or Reputed Owners Mirsad Mustafic 152 West Middlesex Drive Carlisle, PA 17013 Sena Mustafic 152 West Middlesex Drive Carlisle, PA 17013 2. Name and address of Defendants in the judgment: Mirsad Mustafic 152 West Middlesex Drive Carlisle, PA 17013 Sena Mustafic 152 West Middlesex Drive Carlisle, PA 17013 i 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-WL2 11200 West Parkland Drive Milwaukee, WI 53224 4. Name and address of the last recorded holder of every mortgage of record: Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-WL2, Plaintiff 11200 West Parkland Drive Milwaukee, WI 53224 PNC Bank, N.A. 2730 Liberty Ave. Pittsburgh, PA 15222 Long Beach Mortgage Co. 1400 S. Douglas Rd., Ste. 109 Anaheim, CA 92806 5. Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 152 West Middlesex Drive Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. & KREISMAN, LLC BY: R. Tabas, Esquire 07-30738 ?) c C Cm CA; SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-30738 Deutsche Bank National Trust Company, as COURT OF COMMON PLEAS Trustee for Long Beach Mortgage Loan Trust CUMBERLAND COUNTY 2006-WL2 PLAINTIFF NO: 07-7762 CIVIL TERM vs. ' Mirsad Mustafic and Sena Mustafic DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Mirsad Mustafic 152 West Middlesex Drive Carlisle, PA 17013 Your house (real estate) at: 152 West Middlesex Drive, Carlisle, PA 17013 21-06-0017-020B is scheduled to be sold at Sheriffs Sale on June 11, 2008 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00am, to enforce the court judgment of $145,730.52obtained by Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-WL2 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-WL2 the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 4. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610) 278-6800. 5. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 6. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 7. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 8. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 9. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 10. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 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. 07-30738 SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar #{ 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-30738 Deutsche Bank National Trust Company, as COURT OF COMMON PLEAS Trustee for Long Beach Mortgage Loan Trust CUMBERLAND COUNTY 2006-WL2 PLAINTIFF NO: 07-7762 CIVIL TERM VS. Mirsad Mustafic and Sena Mustafic DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Sena Mustafic 152 West Middlesex Drive Carlisle, PA 17013 Your house (real estate) at: 152 West Middlesex Drive, Carlisle, PA 17013 21-06-0017-020B is scheduled to be sold at Sheriffs Sale on June 11, 2008 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00am, to enforce the court judgment of $145,730.52obtained by Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-WL2 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-WL2 the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 4. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610) 278-6800. 5. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 6. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 7. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 8. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 9. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 10. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 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. 07-30738 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-7762 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for LONG BEACH MORTGAGE LOAN TRUST, 2006-WL2, Plaintiff (s) From MIRSAD MUSTAFIC and SENA MUSTAFIC (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $145,730.52 L.L.$ 0.50 Interest from 2/13/08 to 6/11/08 is $4,779.60 Atty's Comm % Due Prothy $2.00 Atty Paid $183.80 Other Costs Plaintiff Paid Date: 2/12/08 rothonotary (Seal) By: REQUESTING PARTY: Name LAUREN R. TABAS, ESQUIRE Address: SHAPIRO & KREISMAN, LLC 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 93337 Deputy 8W16 SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-30738 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-WL2 PLAINTIFF VS. Mirsad Mustafic and Sena Mustafic DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-7762 CIVIL TERM ,err PRAECIPE TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY: a Ro C-4 Kindly mark the above-captioned matter SETTLED, DISCONTINUED AND ENDED, without prejudice. BY: Lauren R. 'babas, tsq Attorney- for Plaintiff DATED: L J CERTIFICATE OF SERVICE I, Lauren R. Tabas Esquire, hereby certify that on I served a true and -? correct copy of the within Praecipe to Settle, Discontinue and End upon the following parties via first class mail, postage prepaid: Mirsad Mustafic 152 West Middlesex Drive Carlisle, PA 17013 Sena Mustafic 152 West Middlesex Drive Carlisle, PA 17013 BY: & KREISMAN, LLC Lauren R. Tabas, Esquire Attorney for Plaintiff t3 C ? s m ?. _ C) . , -4; W N%L SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-30738 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-WL2 PLAINTIFF VS. Mirsad Mustafic and Sena Mustafic DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-7762 CIVIL TERM PRAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY: Kindly mark the Judgment entered on February 12, 2008 in the above entitled action vacated without prejudice to Plaintiff. & KREISMAN, LLC BY: Lauren R. Tabas, Esquire CERTIFICATE OF SERVICE I, LAUREN R. TABAS, ESQUIRE, hereby certify that on c7 I served a true and correct copy of the within Praecipe to Vacate Mortgage ,.e osure Judgment upon the following parties via first class mail, postage prepaid: Mirsad Mustafic 152 West Middlesex Drive Carlisle, PA 17013 Sena Mustafic 152 West Middlesex Drive Carlisle, PA 17013 O & KREISMAN, LLC BY: VAUREN R. TABAS, E" Attorney for the Plaintiff C= O -v G? v i U o0 co c l-- , m . Deutsche Bank National Trust Company VS Mirsad Mustafic and Sena Mustafic In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-7762 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Lauren Tabas. Sheriff's Costs: Docketing 30.00 Poundage 1.95 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 4.80 Levy 15.00 Surcharge 30.00 So Answers: R. Thomas Kline, Sheriff BY a ' Real EstateL ergeant $ 99.25 3/z14os 'Srn 0?2. Sd CK:;" l;t 9yA-- 1IQ? d6L7o SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-30738 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-WL2 PLAINTIFF vs. Mirsad Mustafic and Sena Mustafic DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-7762 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-WL2, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 152 West Middlesex Drive, Carlisle, PA 17013. Name and address of Owners or Reputed Owners Mirsad Mustafic 152 West Middlesex Drive Carlisle, PA 17013 Sena Mustafic 152 West Middlesex Drive Carlisle, PA 17013 2. Name and address of Defendants in the judgment: Mirsad Mustafic 152 West Middlesex Drive Carlisle, PA 17013 Sena Mustafic 152 West Middlesex Drive Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-WL2 11200 West Parkland Drive Milwaukee, WI 53224 4. Name and address of the last recorded holder of every mortgage of record: Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-WL2, Plaintiff 11200 West Parkland Drive Milwaukee, WI 53224 PNC Bank, N.A. 2730 Liberty Ave. Pittsburgh, PA 15222 Long Beach Mortgage Co. 1400 S. Douglas Rd., Ste. 109 Anaheim, CA 92806 5. Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 152 West Middlesex Drive Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. & KREISMAN, LLC BY: R. Tabas, Esquire 07-30738 SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-30738 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-WL2 PLAINTIFF vs. Mirsad Mustafic and Sena Mustafic DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-7762 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Mirsad Mustafic 152 West Middlesex Drive Carlisle, PA 17013 Your house (real estate) at: 152 West Middlesex Drive, Carlisle, PA 17013 21-06-0017-020B is scheduled to be sold at Sheriffs Sale on June 11, 2008 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00am, to enforce the court judgment of $145,730.52obtained by Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-WL2 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-WL2 the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 4. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610) 278-6800. 5. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 6. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 7. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 8. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 9. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 10. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 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. 07-30738 SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-30738 Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-WL2 PLAINTIFF vs. Mirsad Mustafic and Sena Mustafic DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-7762 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Sena Mustafic 152 West Middlesex Drive Carlisle, PA 17013 Your house (real estate) at: 152 West Middlesex Drive, Carlisle, PA 17013 21-06-0017-020B is scheduled to be sold at Sheriffs Sale on June 11, 2008 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00am, to enforce the court judgment of $145,730.52obtained by Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-WL2 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-WL2 the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Courtto postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 4. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610) 278-6800. 5. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 6. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 7. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 9. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 10. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 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. 07-30738 ALL THAT CERTAIN piece or parcel of land situated in the Township of Middlesex, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a pin on the Southern side of North Middlesex Drive (now known as West Middlesex Drive) (T-499) at the dividing line between Lots Nos. 1 and 2 as shown on the hereinafter mentioned Plan of Lots; thence along said dividing line between Lots Nos. 1 and 2, South 17 degrees West, a distance of 175 feet to a pin at the line of lands of Ruth A. Clemson; thence along said line of lands of Ruth A. Clemson, North 82 degrees 42 minutes 20 seconds West, a distance of 100 feet to a pin at the dividing line between Lots Nos. 2 and 3 as shown on the hereinafter mentioned Plan of Lots; thence along said dividing line between Lots Nos. 2 and 3, North 17 degrees East, a distance of 175 feet to a pin on the Southern side of North Middlesex Drive (now known as West Middlesex Drive) (T-499) first mentioned above; thence along said Southern side of North Middlesex Drive (now known as West Middlesex Drive) (T-499), South 82 degrees 42 minutes 20 seconds East, a distance of 100 feet to a pin on the same at the dividing line between Lots Nos. 1 and 2 as shown on the hereinafter mentioned Plan of Lots, the point and place of BEGINNING. BEING Lot No. 2 as shown on the Subdivision Plan of Property for Ruth Clemson as prepared by Ernest J. Walker, Professional Engineer, on April 24, 1972, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 23, page 109. BEING the same premises which Becky S. Kuhn, now by marriage Becky S. Washington and William Washington, wife and husband, by Deed dated September 30, 2005 and recorded in the Cumberland. County Recorder of Deeds Office on October 4, 2005 in Deed Book 271, page 1331, granted and conveyed unto Mirsad Mustafic and Sena Mustafic, husband and wife. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-7762 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for LONG BEACH MORTGAGE LOAN TRUST, 2006-WL2, Plaintiff (s) From MIRSAD MUSTAFIC and SENA MUSTAFIC (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $145,730.52 L.L.$ 0.50 Interest from 2/13/08 to 6/11/08 is $4,779.60 Atty's Comm % Due Prothy $2.00 Atty Paid $183.80 Other Costs Plaintiff Paid Date: 2/12/08 Prothonotary i (Seal) By: REQUESTING PARTY: Name LAUREN R. TABAS, ESQUIRE Address: SHAPIRO & KREISMAN, LLC 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Deputy Telephone: 610-278-6800 Supreme Court ID No. 93337 14'?r Real Estate Sale # 44 On February 27, 2008 the Sheriff levied upon the defendant's interest in the real property situated in the Township of Middlesex, Cumberland County, PA Known and numbered as 152 West Middlesex Drive, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 27, 2008 By: b'l Real Estate Sergeant 8E :1 d E 1 033 8001 VId 't, ( r @ i i