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HomeMy WebLinkAbout08-0971PARKER MCCAY P.A. By: Emmanuel J. Argentieri, Esquire Attorney ID# 59264 Three Greentree Centre 7001 Lincoln Drive West, P.O. Box 974 Marlton, NJ 08053 (856) 810-5815 Attorney for Plaintiff, First Horizon Home Loans, a division of First Tennessee Bank National Association First Horizon Home Loans, a division of First Tennessee Bank National Association COURT OF COMMON PLEAS 4000 Horizon Way CUMBERLAND COUNTY Irving, TX 75063 FEBRUARY TERM, 2008 No.. D3. q71 0 'iv; I T-.r" Plaintiff, : CIVIL ACTION : MORTGAGE FORECLOSURE Vs. Gregory A. Resetar and Susan M. Resetar, n/k/a Susan M. Britt 1614 Fox Hollow Road Mechanicsburg, PA 17055 Defendant(s) NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service 4t` Floor, Cumberland County Courthouse Carlisle, PA 17013 (717)240-6200 PARKER MCCAY P.A. By: Emmanuel J. Argentieri, Esquire Attorney ID# 59264 Three Greentree Centre 7001 Lincoln Drive West, P.O. Box 974 Marlton, NJ 08053 (856) 810-5815 Attorney for Plaintiff, First Horizon Home Loans, a division of First Tennessee Bank National Association First Horizon Home Loans, a division of First Tennessee Bank National Association 4000 Horizon Way Irving, TX 75063 : COURT OF COMMON PLEAS : CUMBERLAND COUNTY FEBRUARY TERM, 2008 No.: 0 P- 9 7/ v^- Plaintiff, Vs. : CIVIL ACTION : MORTGAGE FORECLOSURE Gregory A. Resetar and Susan M. Resetar, n/k/a Susan M. Britt 1614 Fox Hollow Road Mechanicsburg, PA 17055 Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, First Horizon Home Loans, a division of First Tennessee Bank National Association (the "Plaintiff'), is a corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 4000 Horizon Way, Irving, TX 75063, by way of Complaint says the following. 2. Defendants, Gregory A. Resetar and Susan M. Resetar, n/k/a Susan M. Britt (hereinafter referred to as "Defendants"), are adult individuals and are the real owners of the premises hereinafter described. 3. Defendant, Gregory A. Resetar resides at 236 Hillside Drive, New Cumberland, PA 17070 with a mailing address at 236 Hillside Drive, New Cumberland, PA 17070-1858. Defendant, Susan M. Resetar, n/k/a Susan M. Britt resides at 1614 Fox Hollow Road, Mechanicsburg, PA 17055, with a mailing address of 1614 Fox Hollow Road, Mechanicsburg, PA 17055. 4. On May 28, 2004, in consideration of a loan in the principal amount of $384,755.00, Defendant, Gregory A. Resetar, executed and delivered to First Horizon Home Loan Corporation, a note (the "Note") with interest thereon at 5.875% per annum, payable as to the principal and interest in equal monthly installments of $3,220.86 commencing on December 1, 2004, with a maturity date of November 1, 2019. A true and correct copy of the Note is attached hereto and made a part hereof as Exhibit "A". 5. To secure the obligations under the Note, the Defendants executed and delivered to First Horizon Home Loan Corporation, a mortgage (the "Mortgage") dated May 28, 2004, recorded on June 4, 2004, in the Recorder of Deeds in and for the County of Cumberland under Book 1868, Page 2065. A true and correct copy of the Mortgage is attached hereto and made a part hereof as Exhibit "B". 6. Defendant, Gregory A. Resestar, executed and delivered to First Horizon Home Loan Corporation, a loan modification agreement (the "Modification Agreement") dated March 8, 2005 and recorded on April 26, 2005, in the Recorder of Deeds in and for the County of Cumberland in Book 717, Page 260. A true and correct copy of the Modification Agreement is attached hereto and made a part hereof as Exhibit "C". 7. On May 31, 2007, First Horizon Home Loan Corporation merged with First Tennessee Bank National Association. For purposes of this foreclosure action, Plaintiff is named as "First Horizon Home Loans, a division of First Tennessee Bank National Association. 8. The Mortgage secures the following real property (the "Mortgaged Premises"): 1614 Fox Hollow Road, Mechanicsburg, PA 17050. A legal description of the Mortgaged Premises is attached hereto as Exhibit "D" and made a part hereof. 9. Defendants are in default of their obligations pursuant to the Note and Mortgage because payments of principal and interest due October 1, 2007, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. 10. The following amounts are due on the Mortgage and Note: Balance of Principal- $324,332.76 Accrued but Unpaid Interest from 9/1/07 - 2/7/08 5.875% $8,415.87 Accrued Late Charges $644.16 Corporate Advance $0.00 Recoverable Balance $0.00 Escrow Advance $5,255.00 Title Search Fees $595.00 Reasonable Attorney's Fees $1,250.00 Less Suspense Balance $0.00 TOTAL as of 2/7/08 $340,492.79 Plus, the following amounts accrued after February 7, 2008: Interest at the current Rate of 5.875% per cent per annum ($52.93 per diem); 5% of the overdue payment of principal and interest; any amounts expended for future taxes and insurance along with additional costs and attorney fees incurred in this foreclosure action. 11. During the course of this action, the plaintiff may be obligated to make advances for the payment of taxes, assessments, insurance premiums and necessary expenses to preserve the security, and such sums advanced under the terms of the Note and Mortgage, together with interest, will be added to the amount due on the mortgage debt and secured by the plaintiff s Mortgage. 12. The notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance program, Act 91 or 1983 has been sent to the Defendant, Gregory A. Resetar, on December 6, 2007, via certified and regular mail and to Defendant, Susan M. Resetar, n/k/a Susan M. Britt on December 7, 2007, via certified and regular mail, in accordance with the requirements of the Act. A true and correct copy of such notices are attached hereto as Exhibit "E" and made a part hereof. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 10, namely, $340,492.79 plus the following amounts accruing after February 6, 2008, to the date of judgment: (a) interest of $52.93 per diem, (b) late charges of 5% on any overdue payment of principal and interest per month, (c) plus interest at the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if any) hereafter incurred; (e) costs of suit; and (f) any amounts expended for future taxes and insurance. Dated: February 6, 2008 By VERIFICATION I, Emmanuel J. Argentieri, hereby certify that I am an Attorney for Plaintiff and am authorized to make this verification on Plaintiff's behalf. I verify that the facts and statements set forth in the forgoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S.§ 4904, relating to unsworn falsification to authorities. EXHIBIT "A" May 28th, 2004 (Datel 0048850440 NOTE NEW CUMBERLAND, (City) PENNSYLVANIA [State] LOT #6 HIGH MEADOW, MECHANICSBURG, PA 17050 [Property Addrusl 1. BORROWER'S PROMISE TO PAY 384, 755.00 In return for a loan that I have received, I promise to pay U.S. $ plus interest, to the order of the Lender. The Lender is FIRST HORIZON HOME LOAN CORPORATION (this amount is called "Principal"), I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 5.875 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1st day of each month beginning on December 1st, 2004 .1 will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on November 1st, 2019 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date."P O. BOX 146 I will make my monthly payments at MEMPHIS, TN 38101 or at a different place if required by the Note Holder, (B) Amount of Monthly Payments 3,220.86 My monthly payment will be in the amount of U.S. $ 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without {raying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or to the amount of my monthly payment unless the Note Holder agrees in writing to those changes. MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT VMP glllll? lj116 ?? ®5N (02071 Form 3200 1/01 1111 MOMOR7GAGEFORMS -(a00)521.7291 IINi?1 'ININI??R Page t of 9 Inltlab: S. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such ban charge shall be reduced by the amount necessary to reduce the charge to the permiued limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.00 % 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 1 do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time 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. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if 1 am given a notice of that different address. 8. 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. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 0048850440 Form 32001/01 (MAN (0207) Papa 2 of 3 In I&W Z -0 ML 10. 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 an date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions 1 may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natual person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS HAND(S) AND SEAL(S) OF THE UNDERSIGNED. -(Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -(Seal) -Borrower (SW) -Borrower -Borrower -(Seal) -Borrower (seal) -Borrower (Sign Original Only] 0048850440 ?SN (0207) Page 3 of 3 Form 32001/01 0048850440 RESIDENTIAL CONSTRUCTION LOAN ADDENDUM TO NOTE THIS Addendum is affixed to and incorporated into and shall be deemed to amend and supplement the Note ("Note"), of even date herewith, given by the undersigned Borrower ("Borrower" whether one or more) to evidence Borrower's indebtedness to the Note Holder, which indebtedness is secured by that certain MortgagelDeed of Trust ("Security Instrument"), of even date herewith, covering the premises described in the Security Instrument. Notwithstanding anything to the contrary set forth in the Note, Borrower hereby agrees to the following: 1. CONSTRUCTION/PERMANENT LOAN This Note, as amended, represents both a constructionthome improvement loan and a permanent mortgage loan. During the Construction Period of the loan the Note Holder will advance funds in accordance with the Residential Construction Loan Agreement ("Agreement"). The "Construction Period" is defined as the period extending from the date of the Note until 11/01/2004 . On the day the Construction Period ends, the loan evidenced by this Note will be a permanent mortgage loan ("Penrument Mortgage Date"). Beginning on the Permanent Mortgage Date, interest shall accrue as stated in the Note or Modification Agreement, if applicable and monthly payments of principal and interest shall be due and payable as set forth in the Note or Modification Agreement. 2. INTEREST (A) Interest During the Construction Period Borrower will pay interest on the amount advanced by the Lender at the floating rate of Prime plus 1.5 % during the "Construction Period" of the Loan. The "Prime Rate" shall be the Lender's "Prime Rate" which is offered at the time as posted by Lender. Lender's "Prime Rate" will be the prime rate as published in The Wall Street Journal's "Money Rates" table. If multiple prime rates are quoted in the table, then the highest prime rate will be the "Prime Rate". In the event that the prime rate is no longer published in the "Money Rates" table, then Lender will choose a substitute Prime Rate that is based upon comparable information. The "Highest Lawful Rate" shall be the maximum nonusurious rate of interest per annum permitted by whichever applicable United States Federal law or State law that permits the highest interest rate. Borrower will make monthly interest payments by the 15' of each month for the amount billed by the Note Holder. Lender will impose a late charge for any payment not received by the due date. The amount of the late charge will be 5.00% of the outstanding balance. In the event that the construction of the Improvements has not been substantially completed during the Construction Period of the loan, the Note Holder may require an extension of the Construction Period and a rescheduling of the Note, if deemed necessary for completion of the Improvements securing the lien or may at its option, upon providing such notices as required by law, require immediate payment of all funds secured by the Security Instrument. (B) Interest Paid on the Permanent Loan (Locked Rate) Beginning on the Permanent Mortgage Date, Borrower will pay interest at the rate stated in the Note provided the locked interest rate has not expired. Principal and interest payments shall also be due and payable as set forth therein. If the interest rate has expired, Borrower agrees to execute a Modification Agreement to establish a permanent interest rate at that time. Failure to execute such Modification Agreement shall constitute default under the Note. (C) Interest Paid on the Permanent Loan (Floating Rate) At least fifteen (15) days prior to the Permanent Mortgage Date, Borrower must RCLA Addendum to Note(Floating) Page I of 3 Policy & Procedures 912003 FH6D170 0048850440 notify Lender that construction has been completed and request to establish the permanent interest rate on the Borrower's loan at a rate established by Lender at that time. Borrower agrees to execute a Modification Agreement, which shall be in form and content as Lender shall reasonably require, causing the interest accrual rate of the Note to be changed in accordance with the provisions set forth above. Failure to execute such Modification Agreement shall constitute default under the Note. (D) Interest Reserve If an Interest Reserve Account is established, interest due during the construction period will be advanced by Note Holder from the Reserve Account on the day the interest is billed. In the event the interest Reserve Account is depleted prior to the Permanent Mortgage Date, Borrower agrees to pay directly to Note Holder from my own funds any and all interest which accrues monthly prior to the Permanent Mortgage Date. If funds remain in the Interest Reserve Account at time of completion, the excess funds will be applied towards modification costs or a principal reduction. 2. EXTENSIONS Failure to complete construction of the Improvements as described in the Residential Construction Loan Agreement by the Permanent Mortgage Date shall constitute an event of default hereunder, under the Security Instrument and under the Residential Construction Loan Agreement. Lender may, in its sole discretion, elect to extend the Construction Period and Permanent Mortgage Date to a date not more than ninety (90) days in the future to facilitate the completion of construction. Permanent Mortgage Date shall mean the initial Permanent Mortgage Date or any extensions thereof. Lender may, in its sole discretion, grant such extension upon Borrower's payment in an amount equal to one-half of one percent (1!2 of ISO) of the original committed amount of the Note plus all costs associated with the extension. Funds will not be disbursed on a loan where the Construction Period has expired. 4. EVENTS OF DEFAULT AND ACCELERATION OF THE DEBT Note Holder may declare the entire unpaid principal balance and accrued interest due and payable under the terms of the Note, as amended by this Addendum if any payment of interest is not made when due during the Construction Period or if default should occur under any covenant, condition or agreement contained in the Loan Documents. The definition of Loan Documents includes the Note, as amended by this Addendum, Security Instrument securing the Note as amended and the Residential Construction Loan Agreement. In case of default, interest shall accrue at an interest rate 0' % above the then prevailing market rate for that particular loan program which the loan terms are based upon, not to exceed the highest lawful rate permitted by whichever applicable United States federal or State law that permits the highest interest rate. 5. CONFLICTS If any term or provision of this Addendum shall be in conflict with any term or provision of the Note, the term or provision of this Addendum shall control. This Addendum shall be interpreted under the laws of the State of Pennsylvania . Any provisions of this Addendum adjudged to be invalid should be deemed amended from it, with the remainder of the provisions to be in full force and effect. Any remedies or rights of Note Holder expressed in this Addendum are cumulative of, and not exclusive of any other remedies and rights. Except as amended or supplemented hereby, the terms and provisions of the above referenced Note shall remain unchanged and in full force and effect. 6. TERMINATION After the advance of all Improvements and the satisfaction Agreement, funds as necessary to complete the Improvements, completion of the of all conditions as described in the Residential Construction Loan RCLA Addendum to Note(Floating) Page 2 of 3 Policy & Procedures 912003 FH6t)17P 0048850440 this Addendum will be of no further force and no longer in effect, and any funds remaining in any construction account will be credited to the principal balance. ?. NOTICE OF NO ORAL AGREEMENT This Addendum represents the final agreement between the parties as to the subject matter hereof and may not be contradicted by evidence of prior, contemporaneous, or subsequent oral agreements of the parties. There are no unwritten oral agreements between the parties. In acceptanc and agreement to the terms and covenants contained in this Addendum, Borrower has executed same on thiA t day of (Borrower) (Borrower) (Borrower) (Borrower) RCLA Addendum to Note (Floating) Page 3 of 3 Policy & Procedures 912003 FH6D17Q EXHIBIT "B" 02/04/2008 16:22 TEL 7175997794 J CONRAD IM024 a ? ?? ce?os l4 '!1N 'i fl? 8 31 p1(apatd Br. R#%m To: POST CLGSZ3 = ROOM 7IRS3'r >:OR21501i mm Wm C01t>t0!t111T=ow rmlw 1555 W. 101IA= =IL LN• #200 NO 6712 681 A>?s? Dar", 811tTN 490 I7l11?, TY 75038 pYT-f0VM =, PA 19230 PamdNwnber. Cowty 3.3-28-1430-3.26 CitYg '-? szxaiir . ispa• Abors T6k+ Chia Tw pecorgm Data) 004x9 504; 0 MORTGAGE i MOM" Stcdm Woods used in multiple toedM of this doMMM W de as used in thiswdvcurncm't? ?Wtc'm 3, 11,13,1$, 20 and 21. Cep IW= zqppft mW in Section 16. ? (A) "StVA* JIL&UMM10 Mom tide dc=Wlt, which is deed May 29th, 2004 wgcd er with ill Riche to th)s dOQUawt (B) "BOnvwa" is GREGORY A XZSrAR AND SUSAN B. RBSETAR Bat0w is do watMor VrAw fills SO"Oly lum= L (C) "Lends" is FIRST RMISM MM LOW COMORMON Lender is a C OXFORATZOX PENNOYLVANtA - 91n9(v Family - fsnnio N.w pt*ddis Ilan UNiPORM 1NiTRUTAMT Form Me Imi p-i(PA) loooe) 10111111 Pys i d 14 I.klew: VNP moimA a FORra - (mm"i.7401 BK ! 868PG2065 02,04/200R 03;23 TEL 7175997794 J CONRAD Q025 orgy and exisdng ttttdet the la" of TEX tgTATg Op IMIAs I.anWs adeAx is 4000 IMZM WAY, eat I20. TX 75069 Lander is the Wo Bft UrAlff 06 h" =L Borrower and deed WXY 28th, 2004 (D) "Node marts un'A?Y am The Nora stars that Borrower owce LrAdeT ftr*d trzsTY pzvg as oo/lomonars %W= x=RM no= 7M TSO?tsAND z ]MW to drier debt in regular Pcriodk (U.S. S 994, 755.00 ) ploy iatlerast Borrower er has prOtniaQd F+Y psymonts arA to Pay tlhs debt in fall not laterthan NOV=s 1, thelheotding "'1'tant of Rights in dte (g) "property means the Properly drat is ducribed below nnft ((jr) mum the debt evidoood by the lam. PIGS iatatost, MY PW'Ymm chumes erred late ebarge:s due ender rho Note, and all aunts due under this $eco * 105=04- plus 1ato04- (p) "Mars" means au Indus to this Seetatrity Ltetrttmud that art cxeeuled by Borrower. IhO f'WbwW Riders ate m be cAvoted by Bactowor (chock box ere 400" 1 AQjuAlble Rate Rides Condomialum Rider Second Home Rider 8w1gon Rids planted UWt Da dopmcnt Rider 1-4 Fa* Rids VA Rider Biweekly PsYtt g Rids other(s) (sPoclfY] cmeTRUCTIOP 7'AW x;[DM (H) , kPPlicable Law" means all comtol>ittg Wlicable federal. State and bcal O OM' reguiatjM' ordinances sad sftdnlsMdve rd= wA atden (*& have the ef[Fed of lea) as well im ail AMC" fin4 non-appealable jtrdicltd oPbd02L "Community AMMMIou Duo, Fees, and Anscommb" means all dues. fees. its and other m aharga that are itnpwcd on 8orru%w or the Property by a condornitAm usoaiatim, homcowntna VK deaden or shailar orsudzv*L (J) "Rlecb *3k FUMb 7Vaasfisr" meats any transfer of funds, other than R cn=wdon o dgW00d by dwk. drag. or d lmW POW WMMt which b it juged wmgh an electronic t? or In craft computer, of tpegtWX w1? so W to ceder, bsb uct. or mWwrise a flnoncW account. Such WM ietelada, but is not limited t0, PoMWE sale transfers, automMed tolls machine nansacdona, trasfas Initiated by whvmce sire arattaters, and u= mated c3=*4hm= oransfars. W "Racrerw Rome mums those iWo drat we described in Section awaeed of domme t or pry paid by ( f,) fly proceeds mom avy comp , in Barden S) for G) d toy athird pay (adman that i Pro w p , 0? (H) ds 1? tt dion or o gtaldr? of idl or any pat of the property: dameege to, or daaanCtiott of, the e Aupaty: ? the value and/or (ill) Moveyaoce in lieu of condmnnadon; or c y) Of, or adeis?orts W to. m? couffition of the 1 '• (W "Mortgage 1<naoramce- 1t10ana htatlflm prolm;dng Leaft erg bK the nonpayment of, or de=Petlit Oar. • do Loaft. (N) "Medic Payment" mow ute rg0la y achedulsd amount due for (1) ) and hit nu under the xom, Plu (n) any amounts under Section 3 of this Seauity Instrument. 0049050440 enn?•": Fees ea,e Form 3039 1101 PA) toooeq 41MV BK1860PG2066 02•'01; 2008 16:23 TEL 7173997794 J CONRAD (0) " SPA" means the Rawl EAM Setdviwt MftdWm Au (12 U.S.C. WOO 2601 et wq.) and its X (?A CYA. Part 3500), w they might be satended irons time to rims Irrt mv -Adag MW Ragalad? ? B01C"s the sane subjW mstW. As used in this of a zny ada4idoael or moo" or tea that we imposed is ragscd to a Sao* Ittsu?=wt. -VJWA" rdws to W rsgtdremwv and? r,?t?p' ? •fedafftEy Wood MOM P bw em a< the loan does r M *W* rot iede:suy rd "W Mosep tom under PJVA. (P) "SatewMW is YnUreat of Borrows'" mt:am slay platy dttit hats VkOn title W the hOPM, whether or not that pray lass assumed BwowWs obllgatioas u Ww dte Note >s4W dads Security 109Mmoat. TMNSM OF RIGIM IN TIM PROPis*ILTY ,na Sam* Insaumeru sowaaa to L.mader: (J) tde MpayMIA of the Lotaa. and aA mcwall. exion s wd modmim"Ons are do Ntroc: sad (o the petfornom of Borrower's covenants and agmem nts =WKW e& D gecmw Inewowt and dw Notes PCat this parPM Borrower' does hereby mortgage, Leodar the foltowiag described propady )ocaW is the CmmW p7p OrR.ooreiaa Trris ktml I of Cumbarland tN.m. Or R.oardlas JurbdiorioN: All that tract or Forc of land as aobaws co nd made acb*ftlh??lattachad i harato Which 10 3ncorpe, which t:mraritly has dw address of LOT Of =(w MaWK Nzeamessm ("property Addtoss'): 10 026 [Sur,tl tcigl, Pwnsyivettia 17030 MP ca"I TOGETi31iIt WrM al the WVMVaneats now or h VWW aftled on the ptopatty. and alt eatN ARM Mk4maw-M-0 . and rnaautis um ar heaneft a part of the property. Al r epbwomts and additions AaU OW be oovo*d by this Security Irmuument. All of the famping is reftaod lo in this So=* Iustrm cat as the ,PMP"ty.. 0040950440 4-a(PA) ON&) w,ru.w. Fp.a a 1. Fetra a09f 7f07 BKI868PG2067 ..i; 1(4:23 TEL 7175887784 J CONRAD IM027 BORROWM COVENANTS that Borrower is i:wfdly wised of dA as= hereby ourveyed and his the right to onatw8r. SMI rand agmay due Property aid dW the Prtrptuty is UBMMMbK4 McPt is (nneumbtatwes of tomd. Bermwer wt and win chord i the ddo m the AMPerty WiRu all Mms and demands, subioat to MY seem Uums of record. TM S>ECURM 1NS'1RUMBNT combines uniform eovemam for asoonal use sad -ut *m covamnts with tirnited vatiadnos by i s m eometiatte a aalform aamsity bWWMW pmpwty- tMMM COVBNArPPS• Borrower ad Leader tmvamt rod as folows: L Paymaat of Prlodpvr U *wt, 99"m IMntar f'M'qw7t Cbxr m. and Late Climes. Borrow w that! Pay when due at prkww of, and wMicst oar. the debt evidenced by the Nato and any p.epa tort charges and Iate charges due wider the Note Borrower abed also pay fords for Exam Items pursuant to 'set tin 3. Paymtatts due uoda the Noce sad tis h Seat ity Ingrumeet " bt took in U.S. the NOW or this fir. However, if coy check or other htstrumont received by Lender as p?? s tub O the N payraon s severity I wagoenht is YOWM d to leader unpaid, Larder my tbcit>fte m due under the Note and chi! Sww* Ins ument be made in one or more of ft following fans, as selected ' by Lender. (a) cash; (b) stoney order: (c) awood check, boat check. tremm's cbedt or cmaWs check provided any nth cheek is 4mm upon an i ? whose dgmd m art !neared by a fedea'el apoay, hest umentdi y. or eadty; or (d) E6**mio PwKU Tlmdar. b rho Note e or at Ptymcnm am decried received by lender when received a< the loca>ioa dcwpmd such other kndou as may be dosipood, by Lender in aoutdanee wide the nodce So t ? m 1S. 15. Ibnder tnq rehan any Psymrat at Partial payer d tiro P?rdiO? or Pa" payments ' the Lcln tunas. I ends may accept any payment or partial payment luguM pit to Wag the Lan cunt. widhout wliver of any right bw& miler or VmJudice w in rights to endue such prymemt or Papal psymmm is the future, but Leader it not oblipled to aptly such psymeats at the doe such paymauts are occept ed. If each Pcdodac Payment is applied as of its schedvied duo data, thm Lsftdm need cwt Pay btmest on unapplied fnndt. Lender may hold such tmaxdW funds until Baaower a L%n payment to bring the Loan cumm . If Borzower does not do to a iddo a masonable Period of lima. Leda alto!! eldtor apply such fords or men them to Borrower. If not applied caster, such funds will be appbed to the ahtisamdiaS i bolmtce under the Note immedbm* prior to fmcecb mt, No off at or OaW wbkb Bosom might have raw or in the !Satins against Leader shat! rvliaro B boom aahking Mmmis dine under the Note and this Smonty lasm meat or pafoamin8 the wvmnma and speommis secured by this Security lnwm=L 3. Appftdm of roydaeots or Pmmdst. Bxcept his odw win described in this Seem 2, all pMrmw aoofited mid apptie4 by LwAor *0 be applied in the following alder of priority. (a) burro t due under the NOW (b) P due unda ft Note; (a) anmantt due under Section 3. Such payments shall be appW m tech Periodic Phyumt in dw order in which le bwmft dom. Any mnWpft snVonta than be W*4 tarsi a tote charges. mood to any odw amounts as under this Security Instrument, surd then to reduce dw phi x#W bronco of ft Now If L.eadar receives a payment fan Banum for a delinquent Paig& Paymam which includes a suffdent anent m pay any gate charge duk rho paymoat may be applied to ft ddiahgwd pdymmt and ft late charge. If nacre them ow Pododie Payment Is ouemnding, Leads may apply any paaymom received from Barmwer m the repsymmt of the PaWk Psymo m If and m the extent that, each pryment can be paid in 0048650440 ?•a+•a ?o Forte!! 1101 4wk-WPA) COM) BK 1868FG2068 ;_i0;:'1c?gFs JU 23 TEL 7175997794 J CONRAD 2028 ftM. To the vxlact that any atceas orders sftrr the psyetmtt is appbed so the foD payment of One Of Moen Periodic Psyracots. =cb *xcess may be applied b any he che" deer. Voluntary prepayments shwil be aDObnd first to my yeopaymcut chesigo and clear = described in the Note Any applicedw of payments, irmuaace promoU or bawwwom proceeds to prmcvd due under the, Note siren not axttttd or postpvos the due dace. or dm p the rRnonnt, of the ftiodic Psyuteats. 3. t WxU for Rsarow Uesas. Borrower am pay to Lender on tba day Pstiodle Baymew m due under the Noes, until tine NCO b paid in fWL a stun (due 'tabs') to PWW far P WOW of a PMO due for (a) taxes and assewmts and odw nestle which alt am o p Wry over dais Seemly Isabunimt as a liar or eawmbttmee 00 the Property: (b) kmiaold payeteats or low few an the ft" W, if any; (c) pratnhuot for any and aU bvarism regWWd by Cosner alder Seodou 5; end (d) MortPP Iusutanee pra niama. if any. Bouowar to Lauder in tier of the payment of Marwo hxursm PMniums in or any ones payable ovieicus of Secttou Io. These itaats are called "l3aaovv Itamr." At anrWeaion or at etiy accordance whb die prov daps dff is the term of the Loan, Leader may require that Community Assuclafto Due, Imo. and Anes urmts, if any. be escrowed by Boa owa, ad such dues, toss and awn wens shall be to Bscrow Item. BWUWa t1baY prompdy NUU§h to Leader all noon of amounts to bC paid wmW dens Set dw. Burrower abahl pay Lender the Fdmds for SIMM h unless Luhtda waives BottowWs obb9aWn ID pay the FMdS for any or all Escrow Una. Lander nay waive Barrowees obltipidoe to M b Leader Funft for any or all Escrow Items at any lima. Any such waiver may only be In writing. In the am of each waiver, BeQower shall pay dingy*, wbea and wberet peysft the amounts duo for any Bsaow low for which payment of Ponds has boeo waived by Lender and, if Leader mpdrus, shad ftanish to Lender rooso evidencing such pq=t within such time period as Lea r may require. Banower'a obligation to make such paymmut and to provide receipts shall for al purposes be deemed to be a cova m and agave t contained in 1Mis Security Instrument, as the phrase "covenant cad apmnont" is used in Section 9. If Ba ewer is obligated to pay Eat70w Iteose &w*. lxasum in a waiver, 04 $0aMM WS ID Pq due smomn duo For am Escrow itan, Loder may exetaiso its risbts under Section 9 end pay such amount and Borrower shill Om be obligated under Section 9 b repay dto Lcaft my such amount. LaWcr may revoke ft waiver a to ary or to Escrow t:e swan in awordarnoe wft Section 15 t. upon mcb revoeatbn. Borrower shall Items at any time by a nod pay to Lender all FwAs, and in such a vum dW are than required under thin Secdaa I T may, of arty time, ootlaa and hold ponds in an &MOM (11)1 toximtt to pM* L MW to syply dte Mob at the time specked under RWA, aad (b) not to moaW the mmitnum amount a l rLw sae requirs under RMA. Lender shall esdO M the amount of Furls due an the basis of current data and rCii0ni & asdmma of ettpmdituera Of Wttu0112Mw loaner or odwwiso to eocvrdst W with Applicable Law. The Panda tthdl be held in an tustjauioo *bon deposits we Mired by & tedaal t16 w 7• I . or entity 0achding Lender. it Lender in in Wsti0tticu Ewhose scrow are so hwAvQ at hi my low than the time specified carder Loan Bank. LeOder u no apply the Funds, soway =*mtg the IiS4PA. Lender shall not cbsrl9e Barrows for bolding and applying ittOs<ear an rite Funds end aecrow x0ount, or voifft the Bxrow Items, unless Lander pays Applicable Lave' parcdls I.endat to make such a charge. Unless an meat is waft in wditjl or Apptipd& Law Mquir s itue = m be paid on the Fands, Lender"tot be mgWred to pry Borrower any interest or cmt' tga 00 the Panda. Borrower and I Wdar cstt tee fin wrltist8. however, that ioteesst AM be paid on the 0o4sa50440 1444=- , -, Pao" sor to ?erai 3?Oae 1101 4.e(PA) romt $K 1868PG2069 02:04/2008 16'24 TEL 7175997794 J CONRAD 2029 Funds. Lender SWD give to Bonowa. without charg% an amusl WCOMMS of the Fend= m required by RESPA. U there b a Mpkte of Rends bold in Mcr0w, ss &fjosd under RBSPA. Leatdcr shall 80eouot t0 sa $orhower for the 0,ew ftmda in aecardauaa with P"A. If li mss is a shortage Of Funds bcld is 00", defined tmdar RWA, Lender soled aodfy Borrower' as regrdred by REVA. W Borrows IW pay to Lendfrr the amooat nt:cesihay t0 auaba up the $harwp to aooor4wee with RMA, Mat in no mad that 12 monthly paymenw. If that is a d &,my 0f pmub tteld in .scow, as dew noft RWA, Lender shall I no* eroaee as !squired by RBSPA, and BorxM?er till pay 20 LeOdac the emouat swa a wy b mom up the dd aaidwtY in &%ordauce with RMA, but b ao more than 12 monthly PVaMtL Upga Payment in f Wi of aU same secured by this So=" 11100Mer t. Lender shalt Pte' refun4 to I Borrower any Rends bald by Lzukr• charla. and ituposisoas ? 4. Merges; Lieut. $arrotvtr Shall VW aU !seta. asst?ts. & stobuteble to the Property which oan atttan phior* am this So=* InetramanL 1°sssbOd psy°10ti°t or powd Terris an tole Property. If any, mad Commuft Association Doe+. Fees, and AUMMM% if Y• To the 3. i ex?ht that !bees am see Escrow ' =' wf tip tens priority over Qut SWM* tmbss Bwower e1>a4 promptly diseberge my lion in a taairaer a:oeptable ao Baravwer: (a) spoes in writing to the laymen of the obilgMion secured by tfu* n von in good faith ble or Leader, but only so bag as B0 IS P stoh °?hanfi N) t>o * V by, & bob against Ott of the lien in. legal piacaadiaP which in Loada'3 Wb&R WMIle fo lMCM the aftcomt of the lieu while those promediogs are pending, but only amii Ptch paoIffin- are concluded; or (c) second from the notch of the lien an 1000mant satida0usy 0 I.atdet sibdrdiruatiog the lien MM Security Insbunena. If I,ead? daautbaes that say part of ft FmWy is sob*t m a lira which can strain Priority over this Securkyy 1>0rmnsu4 Fitter may Bite Boavwer a notice identifying the lien. Within l0 days of rite date an which that aodce is given. Barrows shoo shitty the ilea or hires one or 0=0 of the actions set fon h above in this Sergi 4. Lander only r0glare BWWAw to pay a routine chug for a zed estma tax wifiatiou andlbr repo" service used by Lamda in connection widt this Loan. s. Property Ituuasoce. Boravwer AW irsep the improvements now oxiefing cc here+tter erected on the Property insured against loss by fire, bww& b4oded within the tam *=Nn" 00vo+age: and mY otha haranIs inOlnding, but not 10*0 tit, earthwim and floods, for which Lender aquirm imura cL ibis insurance shall be maintomd in the amounts (including &d=-bb levels) and fer the periods that Lends requires. What L seder ne4ttim pm m to the F- afna aontanoes an obsup antag the tram of the Loan. The inwrence carder providhtg iba faaurnow shell be chosen by Borrower subject m L dots A0 to dimpto-uv R3ht=%w's cboln, which Tight shall tot be enetulsett tturessonably. Lendorr mey totium Bad wer to pay. M Connectlon with this 14so, oitba: (a) a ono-dme ohatga for flood soot: demminatim. certdeadoo and tracldag scrvi= or (b) a one-O me charge fa flood lone deter &zion and certification sevicrs and moat charges each time r=Wpbhsu or similar ehtoges octair which aawam bly mi0t affect such dcurrabadon a wort. b34MMW dM also be nepa aft ft the payment of any foss imposed by the Faderd BmagencY Management Agency to woneeda0 wish be wvlow of any flood zone dearmhuadon nsulting from an objection by Bortowa. 0048550440 v.q.$ 6119 teraw Perm was 1f01 4WPA) Coro.! $K i 868PG2070 02104/2008 16:24 TEL 7175997794 J CONRAD rb 030 If Bummer WIS to maintain my of ft cove aw deetribad above. Lander may obM inen voce and Bommees estpmao. Lander is mider no 0bllgatioa 10 parckaee ow py? tler qps or aus' eoutit opt of o(tvuags. Thadg e. such covauge 9bali cover Linder. but MW of ndp not gonmwar, Berrowa's equiV in rho Property, or the oanteh of the wdo Y. new in a d*'- himrd PMOU Borrolror or M&Mw and MW pr0? ? or lesser covtasge then was praviartdy used the cost of acialow that the CM of the hwsam oovwp so obbdaed might siga?Y this ?? S shall have obtabw& Any ast0mns disbazacd by LaMar under ins * a mat nBamm d debt could Borrower a? by this S?ity losoruesent. These amotmts doll bar it>tamt at Qfe We ftm to datc of dlabota And"be payable, with such into. Von nod= hm Lauder to BamuM h rp?nasdogmana AU httarasnce policies LwAtw and reeewals of sack Policies shall be subject w Larder's AU ? re4uired by ? s{glit to disPptova each PoNCIee, atoll iaclnde a standad tnatgaSo 01MI , and shall mine LAaft es mxlpgoe and/or as an additional loss PaYse. Lander shell have *a right to hold tlhe Mb des and renewal owdlcatea. if header rtsq,rises. Ban- doll promptly Si" w Lmhdor ell rocdpts ofd Lander, ponkims and rMwal aodoes. If Barrows obteM any form of iaww= aavaatgo. snot oflwcwim re4 dmaago to, or damnicdon of, the AopcM, such policy shall mks& a standard nmrtpage olaaso and stall ry Me Loads as martpgao mw6tr 0 an addi00aal hm payee. In die overt of lose. Barrowa abed give pmmpt nodw to des msateaor cmm and Lander. Under msy taahe psoot of loss if not Made pt' UOY by mower, Unless Leads and BommW Lander. shall be wddog. any lns =cc Wocamb. whether or wt the wAarlying itaom= was reM*W by applied to reswrooM or repair of the pwpeety, if the n orom or repair is e00r10mkgy ' h and Larder's mm* m not lass m& During suo repair and astnradoa Mod, Larder shall htnva the rot ip hold each bditm= procoode until Linda has had an oppottauity to inspect thoah PropaV to antlers nro wmtt has boa completed to I eadarIS mdefts0w, Wavided dot mcb inigm 0a shall be undmukm pro"lly. Lauder may didimsa Proccods for the V*peirs avid resmrsuion in a dagle payuadrt or in a seise of IF 09 1 ss paytrioi?a as die wok is complaod. Unless art @FumwK is trade in writhes or Apptic" Law rogaisaa iattrast to be paid our Wah hteurance proceeds. Lelde r shall not be nq%*ed to pay Bomwor say ham or earuhsge on such procoeds, laves for pablic adj them at o0w dibd varies, toWmd by Borrower abed asst be paid oat of de hwarance limeade and shall be the solo 0bligstiars of Borrower. If tie r sWaIl n or mpi k is trot economically fesalbia or Lender's security would be lessened, the Wumnca p ecaaads shall be applied to the awn secured by this weal' bommrm wf lbw or no than daa, with the exam it say. paid so 30130M. such insanuswe proceeds dell be applied is die order provided fat m section 2. H Bmewer abW4M the Property, I,aider may fk aogpdate and settle any avaUable laSaratiae claim sad related mamm& if Bamower doer not raVmd while 30 days to a nodes from Ltohder that mo be== carrier has oKerod to wtde a dim, than Lender taay negotiate sad ado the ahem. `i'h0 30-ft period will begin when the nobw IS glvai. In either event or if Leader acquires the Property under Seciloo 22 or otherwise. Borrawcr hereby assigns to Latrine (a) BnHOwges dots to my losImia p mcwds in an ata0oat noL to exceed the amouoa mpod under the Note or this Socially Inatrat meA std (b) ashy other' of Basower s rights (other than tie right to any telved of unearned psumm= plod by BaQowat) under all its 1oliw°s coveting tics psoporw, insofar ss va& dgha are epplicebla to ma coverage of the iPmperty. Lander may um the taatrtime, p oceads dart a ropsir or resiasu rho Pmp" or to pay amoaots smpi dd under rho Note 4r ilia Se mlty Instrument. wboia or sot then due. 0040650449 Mk'.' 41fta(PAI (oDUU ?M*7 et a Feria 3w 1101 BK I BGBPG207 I 02/04 2008 16:24 TEL 7175997794 J CONRAD 19032 6.Oe 7y Borrower shoal ocuPY' ww", stud ave dteftwv sa Bom woes vincw reeme t e within 60 days after tbd eRetitiba of ttiia Seoarity insaw neat add adtall conthtoa to oeeatpy *A Aq*V as Borrower's prbxW resideaw far at last an year &W the. 4sra of aaupoaey, iraleea Letndet odW*ise ads m wri». wbieh eariaeat shall n01 be, tturcumnably widdWd, are %WM e:atanuatng Oww"MM asst which tare beyoed Borrowers oonuOL Soasowos d>eB ppt 7. p?.adne, IMtaisoaeaea and Presw" of tM PrOPM-' deWoy, damage or impair the Prof'' snow the Property w deteaiiortlo or eomnah wade ado Pt y. Wlbttue of not Borrower is r d&S in the %QPWW, Bornwa daII awhow the Properly to p"Co Ibe Property from denstraft or doMffift in volaa due to its coadidon. Udoss it js &wmi ed qty to Swcdoe 5 that 10* a nnzwjo ? is sot ooontmakally feasible, Swower d" pomptlY VOW 11" dsrnWd to avoid fhtthw demrioratioti or domaga. U itiaeimmes or eaodwanadoe pt gate YOU in ootaaeadon whh dsraaago a, or tiiE taddvg of, the pioWW. Bosrowcr shall be rmpottalbla for rqxfrlP9 or ot9 if Leader WE feleeaed ptocNds for SMA prepares. Lettdtr nay dieabwse pumcdo for the xopairs aad tommmian is a single payatarat of in a reline of p of 7M= 1116 13 w work I Properly, completed. if rho in>teanae a ooad@WAA ion i>? m toot aitfttaeat m *t Borrower is not relieved of Bormwurs obligation tot do cw*kdm of sods repo Ot rem Property. [f it has I.snder or its agent MY make reasonsbls entries apoo and iropeeOM ? shall give namnabk cam. Lender may iaspeot the /Mentor of the improvements on the property. Sonower nod= at the lima of of pedof to such an interior hispOCtion specdyng Wh roasorutbia 000' L Eorrowe es Lose Appl eatiom Btutower Bha1l be as default if7 dtnng the Loan wpb atim proovaa. Borrower err ony parsons at aulsks aeting at do diroetion of Borrower or wide Borrower's knowledge at =seat SM tnoterially /'Star, misiadirag, or fnaOCUrate infamunion or sdtenaonts w Ltntdec (or failed to pm* L with mewdd b&matian) in coumdo with the Lose. MUMW o xm are not limited to, repetafetitndotta eoecea n Boa0 °w?y Of dW Pl0p5* al residence. 0. q. Protexdon of Leodsr't Ietbrat m the Property octal lRigbto Under Us Secor4y bawasawL If (a) BQtrowOr Nils tD perf m iha wvenaata and agreenwo contained in this So=* hwomant. (b) *am is a kPl psoc mUs that might aipiflWo ttiy affect Lmdef'a interest in die Prop ay and* rights under that Sa rhy b aftwA t (boob eat a P nmdin6 in bumupacy. pr'obaw for coadwanaetim or fa* k=*. for =&-cc I , - of a W which may anon Priodr/ ova " Security lastnmiemt or 0 WOW laws or rogula6oraa), err (c) BMV*W bas aband med d10 hope ty, dm Laidet May do and pay for wttarAw is rxawmable or fppropris a ID ptotoct Lendves k*nst in dx Pwy*,V and rlgbts under this Seeto* Document, including p wowdug andkr assoaft the value of the Peopaty. and mewing a *W repairing the property. Crude's actions coo nclndo, but arc not limited tar. (a) prying any oioas 9etAmW by a lion which hat priority ova thin Secm* lnsuametat: (b) appearing in cunt; and (c) paying mwnaWe attotrps"' fm to pmteai its intaresi is the ft party we w We oedet this Sxwrhy lneettumaret, iwinding its amgW poswon to a banidlU my prooweding Secadng the Ptopeuty inCbtdes, bat is not 1tmMed to. waxing the Piopetty io mdw repairs, change locks. zgAwe or board tip doses Bond windows. dndn water from pipes, eliminate building air other code violations or daag w as ooadidans, and have udikles turned on or off. AUhoagh Landes may taco action order this Section 9. Lander does not have M do so and is not o0w soy duty or obligadon to do so. It is agreed that Lander incurs no liablllrY for not taking any or A actions authorized wide this Seiedon 9. vre. r of is Nwl? term 3020 1101 -etPAi "! BK 1868PG2072 S t:ur; 168 24 TEL 7175997794 J CONRAD 16032 Any =out" cliabvtsed by Iatckr under dus Socbm 9 shell become additional debt of Baasbww =and by this Se wrky I "eaL There atnotmts sba r UMMAAaat dw N a Borrower ra4uatiA f ? and shall be pysbie, wM such intamst, ? lMdcc Paytl°it ?p& gecuity bs nmwt is on a Imdtold, Harrower shad comply with in the Fvvisiarts of ft bbe- If Bamyww acquires fag tide to die Property. We kehold sad ft fee title shall net merge unless Lardw s®reea to the mCS r in wri ?rotssg.a. If x.eadw ngWred MOrtgaga bn wwm as a oaNdidot of mating the Loan. le. Mo pay th uirod w uraia da the Mortgage Ipso mw in effem If. far say anon, Botrower do Mai shall pay e 1=V m4 Loader oeaeaa m be eve Ud& more the mortgages knum dolt to blprigage ]?Yaee coverage rogttizod by p provided wrl huanwO and Ba=ww wo mqgd:W to twu*$ wpm* desi I*Ypwats toward We prda" for bWr18 V UMNOM, Borrower vMM pay the Iuesniums ragnirad to obtain co eaage subsmWly cquivdent ID tie Mortgage INatrsAt'.e p mvioudy in db:k u a cast subslttadAY equiv ? to j the: 00% 10 Borrower of the Martpaga b"W"ce ttr?vxw dy in effect, fi m an OUBM nOrtgapa wlwmd by Loader. If subamrdlly squivalsat MortgW hestt me Devisee Is not avsiltbh. Bo war shoo car6we iD pay to Lender the oxamt of the separately dedgnsted payments Wet w= due wboa *A bw awe covemp Card to be in cMt I-Hader wilt a DeA use and rdun tbeae payoronts as a x0acefundable lm reams in UM of Morigaile Iaartia=. Such lass reser" mhaD be ton-rdltndabt notwWWomeding the fist that dtC Loan is ultimately paid in to, aad Lender shah not be regdired eo pay Bexrower any mtmm or eurdngs ad snob loss reseuva. Lender can n0 ]Other mquk a loss r081'we paymeate if I kwppo Iasotanoe: cove w (ire &a a wwd and for die period that Loader requb") provided by in bumw selected by Lendw spin beoww available. is obakwd, wd. Lando n44ohm wpumely deetgowd PayWatp ww A the paadow for Mortgage b,sursrw. If Loader te*ww MOrtgelgg Immmmoe as a wwlklon of malattj am Loan sad B*m war was requited to mates sepealely das'a?ated paymaq I K"Wad den premilow for MOrtpw InaNanca. Bonower dwll pity the ptamiams rngwW m maintain Mortgage Iran- - o in e6eC4 or to provide a NxKtfrmdabb loan reran-e, unt Dander's requirement for Mor%ga Ittteraw ends in amrdsace with any vrittear apvotNant is bdw=n Borrower and Lends provkhno for goo temwedon at until 1eXl lwadon is mgohod by o m Law. Nothing in this Sw*m io aiiam Barrowees ol>Updon to pay tat= at ft rah provided Mortgage b a mew m mhwm Leader (or any ably that p=bnw the Note) for =MW losses it may incur if Boaowff dose not repay Wo Low as agrogd. Harrower is not s VW w Wa Monpaga bmaue. msttranl a dt dik an dwe aAmod*A tamance fyy >6ga" dik, ah Seduce bssm _am entee itteo a?graatmtts h aaddacatry to to martga$e iomw end rho curer party (a Purd") funds oa tams and ooaditiana that an sgmawft Theme agt?ewmts may regnim the mortgage iT1aM 10 mate paymtaats wft say Wet the mortgage iaanra[ may bave avWlabla (which may wdude fonds obtsingd from Mortgagd Iasuraws As a FMWM) of dow agmumags, Leader. say pungww of the Notes. aoodtm Itremer, soy ramsarca'. my other Oft. Or sny OW M of aay of the faegoizm may means (dbt* or bdirectly) smou= dna derive from (or might be cbamceuiaod ad) a portion of Borrower's PWYN*W for Mempgo Idanance. in cxdu ttgo for dwing oc modifyfarg the in"Pr ievut+ar's rick, or redodng bane. If arch awcecos at provides that an atflu= of talk," a ohm of the ioatner's fink in excimga for a share of rim ytanbms pald to ft b==, dw arrangement is often permed "c*dvo rdrtmr m, FuWw.. W Any such agreameDb wM Not alftcct the axwents that owe has spud to M far Born Mortgage Ltasraaetir e l ? ? they wM not ? m7 fttf md. Nmelmt Borrower wi8 atre for M% Ot'?aEe 0048850440 h.%A-.tz P61606114 Form 0079 trot PA) loom 411" 8K I BGBPG2073 t,Ob 16.25 TEL 7178887784 J COIVRAD X1034 Any is will 1101 attsct site tights Borrost'a has • if ay - witb reap d to the (b) c" such Pratecdoa Aci of 1998 or atty OUW 1lW- Tb w APS'M Mom itatsr t t s attsler tM+ lhim dlpdowwk to ? w d obtnm ads W of t!e Morlpge huMude fMta t t to setxiva wdOltto goedi7, asdlw to ]wive a rd Md of Sn7 P WOO gavarued ld tb* tlme of Eck arc 0'r W111111100016 ' ab that Mostgat;+ 11. of PAbcONAMMA procadeM ForMtsm All MWdWOOM P at: hereby tpsiened w i1e'+ tbaNo L premeds st0 be led m a WPdr Of 60 PMPK is Such Mb.Uwwx If the tY= at A=Ry femb1a end Y.atrd- -1=a* is not kneed. Datis Propm. if do NP* if and restoratba Pr00aads Lao1a shall have the rigDal to h01d nub j? t0 i gtdor's adarisic. .. Lauder bw bad aM ° uor]t prop" in easa?a the aodc bas hero fot ft np*s and QOM, provided that $00 bsptctba dog b• is an promptly Is U >M or in a versa of great pttynteMts proomis, restotad011 in a r. awng or ?+?ppfic"_a Law Mq*ss btcmt to be pW an such I aha911ot be togr?ed to M ?w say oo woh l s• ? ?a rasmradon as repair is Mot eoaAoink ft hambk or Lpider's socmrity would be law=W. to NUM1mmeoos excat if my, PH 10 B . So Mscdbmm Pi A " be wbd In fa older WwMlded to in Swdoe 2 damcdou, or loss 1,11 value of the P:opaty, do l?d?sodbneoa Ptocaods sball be appiiod the sums seeue d by " Seauity ins umonu whedw or not tbe0 doe, with iho 4006116 if any, peed m vW fs. a fig, dsstrMcoM o less in value of the Pfvpetty in whkb the fair matlaot 111 the avast o of a pardal ta?oo, or loss in vAm is abed to or ?? value of the Pf'o)7ctt7 imutodialely before do 1? ?g• d Stan the amount of the sheaf s wcred by dds sauity Inst imam imma Wdty btsiace the P datr0ction, or boss in value, unlms Roefawar and Ledo Ddwrwise agree is writhrg, dw sums t+eCMtld biidffi Securby bottmtaat abaMl be zabad by the woun of the blkoeOaMCM Prooeedtt muhWMW by the following 1Yacdow (s) d* WW Mu itnt 0f $e same aVJW immedletdy beFae der pedal midog, destratslda, or bss m v0A diva W by (b) dw fair m okat value of die Property immaMely before do passel ddttg. dasweMof. or loss to value. Any bW&m shall be paid io Sonvwer, fair ttsatMaat In ft event of a partial hdug, dawouka. or ba is value 0t the property in ?vhiCh the value of the Pgwty hamediat* before site partial . demadon, or loo in vsh o is lap drat ft bdw Burro at d sauce swund ittioedhmely the s Proooab span applied to the sinus mwast Bmmwer std I odwr .eada olbawise rgtoe s+ arid. x mad by 0* 3eau#y bwoment whdses or not the sums we then dus. If the Prop" is absudow d by Bonower. or If, atlas nodco by I.eadar b Sormumr *at the Opposing Pally (a daft in (lie nest sentem) olfcn w static an a*md to tatile a claim for dm0a. Bca *aw flubs p towmil to Lander wift 30 days sites the Me dw nodw $ givao, Leader g M&Wbad to 00116d ?'? EcEsPhwads odiateouv Procads to rwmtioo or of the i?opatty ment. wbadw or not then due. "Opposing r" mans the thud Fw' to owes soaowar at the pasty must whom Bwwwa has a right of wdoo is tegttrd to brvoellaMow Proceeds. wb4w or ?L is begun airs, m BOavvva tibdl be in dock if id senors or ptoveedicr odreor meleajai imp drmm of Lender's 1:11- t +a Louder s jadgtnwrt, tpnld erg in fot> dtute of ors Pfopetty in the Property or rlgba under dds Solnsbmnaat. Boroarat an cure such a default sins. if accakradon has comrA minim as prov led in 19,by cog the ucWn or proceeding to be dismissed wldt e ruling that, in I.asdses judgment. 1 w todcluxe, of the PtnprM or oow mamxW impdm am of v"I Iasi Is Form 30M trot 0044850440 ""QA (?-e(PAb cocas 8K.1868PGZ074 s. t.1:25 TEL 7175997794 J CONRAD W034 or WMIM this Seaaity Inatrnmtat. TIM FW-00 a Of my awa¢d or CWM am lracbY for cad dtaaa'a inatpetes drcatun sro i e a atltribulabk M*l m the ? impaifrrtet of I.attder's iOttaoat is the PropactY and ? be Ma"M p tha S not apptioa to teMa Wn Ot MV* of tw Pmp" 3W be appbod ' sa the olds ptovfided Por In Saetrm 2 B Larder Mot a waiver. Exmlcm of the dm for 12. 99nwv Not RNrsed By ymou or modification of MUOMdOll of the sums aecored by this Secotily iawonaat VmW by Leoder t, B rs MW Or Ely Sattraaor in Inlerat ai Baroww :ball nut oparato ao rebaaa dw liability of Bmoiwer or any Successors in Intarst of Boavwer. Lwjw shall slot be requhed In calm OW porocee*V W'rA My Smaassar in Iniarmt of Baaower or m rafwe w card dm for paymaat or od*mdw modify of the $ON socmed by this 30=* Inssromeat by tcas I of my detnmd antde by atigind DOCIUM Of any Soccoom in Iatarttst of Barowrer. Any fa M,- m by Londm in aoc dsioS my Or remody indoding. widwut litshok a. Iandm's wxopt+nve of paYmessa bas third p owes. etOWN at S900166orn In Inmest of Borrowar or is an ma leas thaw the wnotmt thra title, tdtail slot bt a waiver of or precl» de the 13 oxeac. of JoW tat and Mm W U LiabUiq; Co-aigaest g n-eum end Apdpw A"" Bmowa wvettrsa and 1S ap= that Dom ores; obl3 pb= and Iiabilhj' shall be jobrt and W eraL However. any Borrower wbo c0-dSo dtis security bortmtoat bat do= not wtooate, *A Note (a "ca-stgnar'r (a) b co-dgnhtS this Sa:mity I n t only to convoy Mortgelle. 9= and ob m -sow's, am ?urW do PMPoV 1 Secu* da am Of and M 0- swerouity Iasenaaont; (b) is nd y (c) woes that Calder and any odw SorrOwer M agaon to mend. modify. forbear or snob arty apmnmtpdadW with regard to the Wroa of lido Secwky Insmamot or tine NOW without dtt eo-aigaer'a cgnsonot. SubWA w the provisiou of Sootier 18. my Socomw in Intarost of Bonower wbO obtain all of obtigadaaa oader ft So9wity Ioatanmaat in wdft. and is approved by Lwb Borroww'a rights and bmtaBta under tlti: Sco ty baarnntaot. Bor owv shall not be ache sed from iaocrowm'a obligations and liability mtder dda• Swm* Iaanw=M aaleas La da agroes to mcb =tleaso ao writinS. The covemaa sad ag"eawtta of thin Swm* Iatsh moat rbaU bind (=W as provided in Section 20) and bdaottt t6t taoceaota and aaslgas of Leadm'. 14. Loan ChM m Laader may charge Sonow er fees for wtviees podmied in connection with Dwomes dwholt. for die putpole of pmmosS undoes kocreat in the Ptopeacy sod IWO nailer #a smurity Imignmoni. Including but sot Umind, 0. aaonteys' fees. propmty iaapetdoa and vabidw foes. In ressad ID say ad= feu. the absence of ettprees mdw ty in dtis Security Iusanm ont w charge a apaCii'ie he to Borrower shall not be tongued ox a paobibW= m dtt ebarghtg of meA feu I.aadc my sot chw tees that are expeesdy p vh&md by Atb Security laatcmnont at by Appbtabb Law. If die Loan is wbjoea eo a law whlcb no maahaum loan cbarM and that law is SmAy iaterpnted so tat the interest or odar hasp ch"as collected at to be ealleeted in connection with the Loam ext eod the permitaed Ihut% thou: (a) airy wch loan dtarp slon be reduced by tits =x=A coxxomy c0 aedttoo dw dmp to to permitted &M4 and (b) my tam's altoody totiomd frown Bommer wbM oar dod p n dttad Smite will ba nionded m Bcaottw Leader may choose to make ibis reload by toducing iht pd pdo*W owed under the Nos at by nuking a di<eact p Wmmt ro borrower. If a re and lair = Vdncipsa. reduction wM be hated as a partial p NPIYmmt WIthoar my Prap07aem alarms (wbodur or trot a psapaymmt dmp is provided for oa t the Note). Bomm a's stoaptaace of any such reftstd made by dkcctpaymatt W Boaowar will soostimas a waiver of any ri;ht of action Borrower roieta have arising out of mch ovomhorae. 0048850440 la"l-W: at-G(PA) MM) pa" Ii at 10 Form 30sa Inn Bt 1868PG2015 02-04,'2008 .1.8:15 TEL 7175997794 J CONRAD 10035 15. Notices. AU aotlcea M by BOW= or l.cadra m cwmecdoa with this Soxu* MMWatsnt man be in writing. My UOUCC to *nvwer in naoaection with this Semaity bounwtt dmW be deemed to bsva boo given to BoMWw wbw twailad by first Cie me or when aamdly ddivaed w iarmwar's woks tddtiis if sent by odnar meaas• Nod= to MY one Bocmwcr *0 oommaw noaco to A BtxTOwas trues Appiicable IAW =p=ly Toqub= adowisC. The notim address dtaA be the PmpwW Addtess anIM Bamm a has dadgtt=d a sobahuta notba address by conies to Leads. i3oteva?,er dwU Paxw fy aoI* Lends of Domwor'ipbOoge of address. If I.ertdor ROOM a PMCWM for ft Bcaowea's Chopp of addtess. thorn Boaowa shall only ropoat a chop of addtwo smugh poet apt=wekm Theta tray be only one deaignwd notice atlt m wi t this SWAN* bteutmttatt at any am time. Any notion In, LeTtda dun be glum by doflvoariwg it or by miitfg3 k by firm cleat mtdl m Lodw s address stasod hwab Wass I> aft bas deai®aeted a maIr *wrw by oodee b Barovow. Any ndm in oomecdm with this 5amby Iawwwat shall not be deemed q have boon givew to Lrendrr tenth eottt* ttloeived by LerAw. If any aoWx mgwi:ed by A the cwaaapowditolg mgtd wMt m ft this SeCMky ? Low, ? w regwroat mtwd1caddy 16. blovaavWg Law: Sev¦ mbilt: Buts of Comhwil Thb Seeadty btsattmmt Sidi be gavaned by fedend law sod tote taw of on *isdibtioa in whicb dw Roomy ie loopted. All zots and oblig3tiooe coamiad m this Saco* I wtmmmt ate abject to any tequiri ww m and Uadmoons of Applicable Law. A wbk Law might eXplickly or implicatiy nUow the pontes to arm by coatrat:t or it tttight ba adman, but sUmea shah not be cowu vW as a prohibition against asare:taent by waftsm 1a the evert that any provWm or d mm of this Sea dty Your xnW or the Note courNets with applicable Law, such Conflict da not affect other proviebns of this Satmity Inwmneat a the Note which can be given afford whim the coat As mW in ddt 8 Security Inehttmont: (a) wads of the masaoliae Soda ahaU mean and hdado =ammading aoaw wads or wards of the fett bdgm gender; (b) words in the digpdw dwU now and May& fo al and vice versa; and (C) the word "orgy" gives sole disorders wit many obl3pdm to Wa say actim, 17. Bam wer'a Copy. Boavwer shah bo given owe copy of the Nom cad of WE Scantily Imuanneft M Tram[a of the Property or a Sasv& pf Intast In Borrower. As used in tl?it Seedua 18, "hdamm in the Property" T=ans any lopd or bands W k am to don ftf" iuclttdiog, rat not Umbed to, th=e booeficiai inwas b attitdnoed in a bawd for deed. contract for dead. mstaibttatt tattos o;oatreA at escrow agree at, the btmwt of wW* is the un I m cis of ddo by Borrower at a fumm dude b a pmdmw. If an tw any part of the PmpwW or ray branot in doe Property is sold or wed (or itf Bmwwa h not a mural pumm *4 a beneflcW u*red in Borower is sold or tmnsfaTeli) w ahma l awda'8 prior wrium Cmwr. Lewder a4ay uTegqWm inanotfiaae ply in flop oi' su lams c p r n od by this*? Inm ert?aa. However, 06 option Shan wet be eotarcised by Lm dw if such else k joaMillod by Law. If Ltmda szovism this option, Lander shall give BazOnwa wdm of h:stian- The no" shell p mvids a paW Of cot fees than 30 days from the dam the robes L givw in acootdwam with Section 15 within which Borrower moult pay ell cases vWzcd by this Secuity bnshumoot. N Bartowea falls to psy there stuas prior to tits axpdsLdT of this period, La dw may tavoke my TomkUm peruntsed by this Serenity Ianrunatstc wlthoat tTtadt A ttoehte or dtIMW cn Bcaowar. 19. Borrower's to Rdubb Auer Aooolorsd w. If Harrower mods midn a sIduac, BottttM shall have ft tt to We. owfarcemm of this Socas;ty yastrt recut discondaned a< my time prictr to the mrVM of: (a) Hoe days before sale of tote Pam= to ray power of sole Contained in this Sammy 1ttalrommr, (b) sxh?odter p?oWdd tasstApWpli0a=gliw might We* for the twa oodon of Barowa'4 at tw 8Booaot war: (' s r (L o) e of ai{' ahtrh `thbrtn w wid be de urAW fts Seam* fiend ftNN to as if no mock a", had omwr4 (b) c my defaati of any other =va mb or agrwneam,, (e) pays ail 0049950440 initruc-C904(i ftw) (asos) P819124110 Farm 309! loci B(1868PG2076 02/04/2008 16:26 TEL 7176997794 J CONRAD 40036 i ago= uxunrCd m enforft rile Secu* ant' fig' but not himitcd b, tnasePabte OWlxtraeys' foes, rapmy =Veodov mid valuation tba, and other fees imwred for the pmpoec of petoteedug I.ahdaa:'s interest im rile PNpa4? and rights under this Swmd y lnttrnm t; and (d) takea< such 291im as Larder rosy interest y rognire to asshum thttt I fM -a inummht im the Propprty and rights Hadar dds Set W* Instrt>msab the tarty secured by Mb Sec MY 10001000L abeA cos 0M* webang"' and Barrawrt s obligation to pay Nch r eqt stow dad espmm in ore or mute of rile tong Lender tthay teq d bthat Borrower pay order. (c) cortiiSad check. bank chair. releaser's check or cwummk bk se selected y L Borrower ? check is dra money wn upon an budwdon whm deyodts sm WOW by a fadWd ca9bier'a check, pmovidod arty ! Agency, mmummudity or uwgr. or 0 lilmotmdc Ponds 14asder. Upon nmtstaftmea by Borrower, this Sorority Ittsfrleameat and ObSgseiow accred bmft d a :attain icily e> wit as if no accelem0oo had occurred, Howava. this right m rebWM Shall not apply In rte case of acceleration wow Section is. 20. Sala of Note= CYashte of Loath Servioert Node of prkrsslce. MW Note or a partial ittttanat in due Now (togadtw wimb thhis Security lnattwmeet) can bo sold coo Or mote times without prior OWN to Barrvhrcr. A sate might mu% in a amp in rho aWW (lmsown as do " loco secvita obligations due under the Noce and " Samrity hmunmt clad pofaraha COW ?R under the Noma mb Saamdty mm mseaL and Apptbabb Law. There also might be ono or more dmgas of the Lama Sarvim uftvbmd to a Salo of the Note. If that is a change of die Loan Servicer, Borrower will be, given wdttm notice of to dhango which will state the acme and Odom of the flew I.oaa Sta,vioer, fire address to which paymons elaould be made and arty other Worumdom 1tWA requirq in oomoction with a i notice of uwdw of setvicbS. If tbo Note is acid sad thweafter the Lam the then tits pmcbaear of the. None, the mortgage loan aetvicing obtigadons Umm Sweka or be tumadmed to a successor Loan Serviev and hu+e not a umW by rte Now purchaser m*ss otherwise provided by the Plots D • 1Veoma Botower nor Lauder may cmmtaeooe, On. er bo )clued to any action, ju&dml i(as ds Cher an ladividual lidghmt or the member of a capes) that ache: bom to oWcr party's actions pursom ID SSCBdty bumnent or that alleges that the oriole party etas Ww cd any pmvisiaa of, at ray duty owed by now of. this socsity Inetresthem. until such Ba m wpr or Laadcr has earned the older ptmM (with such notice given in 0ampliance wbh the ragWr+emeats of Sao** ls) of such aUegod bsescb and afyaded the other party berate a reasonable pared dw the giving of such notice tD fate =mcdve solos. H AppUmble Uw provides a dmne period which must elapse be.fae mWn action can be tetaa, that time period will be dm pd to be rsaa=W for putpons of ttia pa WWL The nodca of acceleration and opportunity to cm Shea to Bo rower pursmmt to Section 22 end the notice of accaletador, given to Ba mower potsonat a Section 12 did be dwood to sodsfy the notice and oppochtaity m brae eoaecti!va action provisions of this Section 2D. 21. Nuandom Substsmic . Ale need in this Section 21: (a) "Hahratdooa Subsbacesr are those subsmm defined as toxic or haarsdous m bstances, pollaaom at wretea by Bmrirommotol 7&w and tho Iblawing subsum m gthsolina, loeroaene. other hounable or tactic pmleam pmducts. tonic p oddilm and herbie3des, volatile so)venb, mmiels contdobhg asbestos a to naldehyde. and radioeadvo =orb* (b) Tmvk meamt Law" mm fahi mal laws ad lawn of diep iabcdoo wham to P'topaW is locatod that rehm to health, aatbty or twArommmod promotion; (ta ">lnvirmmczmd Ck=W Includes ray reapow soduo. ranediel notion, or rcmoval action. as deMod in Buvircamentat Law; and (4) as "Entritotameotai C" doe mews a condition that can muss. eonaftle b, or ottar'wiss acVW m Ea*onu mtal Ckwup. 00468S04*0 1n1esr 4 "Pa) t"s1 ?rqr t? of is RBrhn asae troy 8K 1868PG2077 [)Z 04,2006 16'26 TEL 7175997794 J CONRAD IM 037 Bogrpwes " not ctsloc a permit do PUMM. 2M &PHW- or z? of my Huffd?t &ggwwt% on or ht?• Bwww sW not do. SobstmM, or thtestu? m relcm any Hssstdoos (a) drat is in vkgdim of ay ? -A dMw w (b wb c0atea ? 80vh >al Co' ' gr c ;w= dns m die pts cnm The Daft too, F Substmce6 areas s coadhioa dsmt adversely cats do vslne of the P? of audo+tl Subatssoes lust we?Y ? 6 to be im to nmaW n grestdettdal ones and to uniatme ve of t moes is cetswamr p!odu?s). zMawor 4 ft pmpaw H 0. auibstl than p?dy On Lmdrs waolk notice of (a) my in cbdm, dewed. > t or other action bYn any ? or I Ed any Mry or wivow kno= fib) y I„ew ?ich Banowar het fatal vkomnewd Coodidos inducting bat not limited to. toy SPUN. ?' dwhorse, :rum of any liawdoes Sub once. Ind (c) say condidoe oassod by ft presm0e, um or, relo= of a HuKdoos Sobaptnco arhich sdvrsady effum dte value d the property. u BMW= letrcns, or is nodfied by 140offiWon of my IfirzdM Y s?pr atttbaity, or toy private p?o?t?o?wdZc arty Pnnwvd OMMY at su Memory "wow I aetivas in ecoosd"e with i4hoomaAbl Law. No&ing, herein shall u =W my oM*Wm on mender far ou NiOI?k?OOVWAM. Bwowcr said Loader fwdtm covam sad agree as follows: i 22. Acceleration; Reoediat• Lewdsr d" give emotes to Borroaa ?t to (but not prior >?rp breads of any covessat at wasessat in thk odwwwseLender shalt sot@y Borrower accelerstio rutlon usder Beefiest IS son uslsss Applicable 4aw ?'ides of, riots otha this?ss (a) he ddittulti (b) the action, required 1o am the dehux; (c) what the ddavt must be cured; and (? ittatt hibre 00 cart the defatdt as 11"d lled way roWik In ttcedertttloa of the soars seco"d by this Secaft Isratreoseimt. fbrePall aa , b7 3 11 asst sale d era Props h• i Leader ebs9 foo then Wan B a of do rtgbt to ate after aacdevatloo Xod lice ftu to assert foreclows woat? the non,-atittenet of a dehalt or ow other dd mw of Barrow to accele ration Ind fored=w* f the dehatt Y not cured as specUK Mader at its optbs ow rsgsire imtsudiste payment in, ha of as snms secured trls Iastrrmmt wltsmat f+artbor did and may foreclose this Seettrlty lutrumest by judldsi pmeaad g. Leader dM be ratified In collect all 00"M h sd la p the rsaarlies pro*" in lids E but toot Hmited to, a0crM. sr bass and amtsppoa?fyyetooiteejnns eridstice and to b aao am sm attat?t void, paasitt_ d b thisLAW, 9ce 5' last +eat Za. etiad"d upoo t of AD ran secured ts G a?htess by Ant Secmih' and the settle cosy?d titsll br Aflrs sum ocaureytoe, LNaeer shs11 disabsho and Ln,trttssat. Boerowm sba11dm yroecardp?adomna doted patty for ?savbea srondsed the ibis Sd t•but if mow. fee W a o die ire is peemitlod tYtde[ ?tv, waives wa the sod releases any mar or -Waives. Baarawar, ID the COO poa? by A benefit of any pnew or fuwm laws provkling for stay of dam, °dDA did ftm s 10" and Ulu, sad Rdoob bsreat period. Bovower's dam to Mantle provided in Section 19 dud exiand to one hoar prior ? cowAun amt of bkftg at a sbmriff's sale or other sale pmeueat to WS SecmrStj?1ss WWL If a of the debt erected by this Sermrry lit is lent a BWOwer b XQUke NO to the Ptnpsrb. thh SeCOruY Iasumatat shell be a pwt'hM u Y u 21. Interest Rate Alta Jaftunst• Bwower ag on dell the human rme payable albs a is catered on the Now or is an action of tnoAgage f nclosurE shag be die rase psychic tom dme to tlwa uAft rho Note. kwslw(k? 0046830440 at(PA) Mood Pam 1L M , Fern SON Iro1 4k BX 1868FG2078 0:'o4•'2no8 16:26 TEL 7176997794 J CONRAD BY SI()NNG BELOW, Bo m m wcW apd W= m the truss and caVMM contaW in this security Inw mmt and in any Rider oxecoW by Borwwer and roco *d wilt it. Wimeom (Sao lMovwa r ocQ SUSAN R. RB8ETAR sot"w - (W I (sue -Somwa -bmiowrr (S") •eonowct -aa+erwr - (W -Bugoww( - (W -Dommar 0048850440 4ft4e(PA) mom ?sm io a IV FmM x080 1101 100,8 BK 1868PG2079 +:`^ l).26 TEL 7173997794 J CONRAD cwdncmt of the coma addrast of ffia.v, in-wood Mar+Bp Is 4000 wMzo PA x&= 5MVZ 75063 VA%m my , d0 basaby certify diet dqy of a 039 ? COMMONWEALTH OF PgNN$YLVAMA, Couaty aa; On od& the V m day 0t?d ? . bafaae me, the wdxsiped off1w. persoeaW Wp=ad Gs?601tY A R1lr7= AND SUSAN B. RHSETAR i )utawa to me (0t sadg&cu* Pte) 10 be the paraoo(s) whose a me(s) Wm wbmribed w the widdn iomaomdmt od 3*nUWWgW MK ham' exe Md dto MW Lor the pnsp0ies herM MOW N& iN WUMS VnMP.FtJI*. I bmvuu 0 sa my hand and officW seal. My Caimnid" Expim 0048850440 •O(PA) (root) BK t 868FG2080 Pao ird is c Ferro 3009 trot "'U4.'.1668 18:27 TEL 7176997794 J CONRAD 10040 LEM DESCRIPTION situ4tted along the cast side of Lisburn Road, SR 2017, in All that certain lot or tract of land bring Lower Allen Township, Cumberland Cotanty, Pean5yl4ania, said lot being shown as Lot No. 6 on a Final Subdivision Plan for High Meac.ow, PhiLIR 4, dated July 19, 1996, and Iasi revised August i -7, 1997, as recorded in Plata Book 1* Pg. 9 J-. said lot being more particularly bounded and described as follows: - BEGINNING AT A POINT, on the western right-of-way line of fox Hollow Road, said point being the northeatterncorner of the above described lot and the southeastern coiner of Lot 5 of the abovc referenced subdivision plan; thence along the same tight-of-way line, a curve to the lea with a radius of 1425.00' and an are length of 131.3?' to a point, thence along the northern propcny of Lot 7 South 44°44'13" West, 175.65'w apoint on the 50'52'00" astcraright-of-way litic of a ?incmtlRoad erica (SR7017);thence abngthesameright-of-waylint North West, along the southercmproperty line of Lot 5 North 50`01'01" East, 197.13', to a point, being the point of beginning. Containing an area of 25,907 square fiat (0.595 acres). The abovc-described tot is under and subject to the following easements as shown on the above referenced plan. A 5O-foot wide landscape bnft'er. BEING THE SAME PREMISES Which New Penn Motor Express, Inc., by their Deed dated r-s?? 1;411 , 2004, and about to be recorded _j% the Office of the Recorder of Deeds in and for Cumberland county, Pennsylvania, granted and conveyed unto Gregory A. Resetar and Susan B. Reasetar, husband and wife, Mortgagors herein. ccri.iiy this to be recorded PA3 in t:unsberland County PA ,7- KOITfl 41rp /r BK t 868-PG208 t Recorder of Deeds 02/04%2008 1.6:27 TEL 7175997794 J CONRAD TO BB RECORDED WrM TOR D'I'Y INMUh(MT LENDER: MRaT 130ItIYQlm now W" CD"=ATXM 0048610440 RMOWBR: f,$=RY A Rtst zTxz Am BUSAN B. RZBETAR pROPBRTY: LOT 06 =08 mm" 1CgrWe, poaaorlmanl.a 17050 RBb2DMMAL C0NsrAL)C'1'It7Nl LOAN l ML,r ING S@7L uuff AGRzmwwr" Io TEm Dzm 04+'1'RUm/MOttT mm • MS RZSWgKUL CONSTRUCTION LOAN Rum shall be downed to attend and suppiemeat the Deed of TMWMortgage (the Bocm * Iatronwt"). of the mum dare given by the undo vignMi (the "Borrower") to wen Borrower's Note ("Note") wad Addmodam to NOW to Leader of the mouse date and covering the property ("Property") dcscribod in the saearity Instrument. All term defined in the Norte and abmbere in the Security Indtrtmtmt sbdl have the same -ins in this Rider. addition to the oovc0atta and AIEND? AND ADDITIONAL COVENANTS. In agremients made iu the Swmity Instrument, Borroww sad Landee tilydmw covenant and sgroe as tbIIowa: Borrows tg m to comply with the 1. Be?desRisl Con?txion Lean Airoameat covenants and conditiems of the RWdmtW Cooet Wien Loan Apeame0t ("Loan ABromumt") between Borrower and Lando., which is Wmporatod heroin by this xdamm end made a part of this Sonny lnxbvteleei3. The Loan Agremomt provides for tt?e conauuodou of certain InWmvcnteatm ("Twemeaments") on the property. All advances made by Leader parson to the Loan Agremmeat Shan be an indebttdriess of Borrower me=red by this seem* IridXrttmaat as smeitdod and such advance may be obligamo y tmdar the tmrmm of the lam Ag me mat. The i TlDoan the psymmt of all *am and the performance of all oovo»sats roquired by the Age esmeat. Upon the failure of Borrower to kwep and perform atl tie covgmots, coMidons for agraurmU of tba Loop Agrea ud, the principal wen and all Want and other charm provided the loan docu uams aad soared bereby shall. at the option of rho Lender, become due and payable. 2. Coultru an Loan Dowd of TruselMoetgage. This ewe" Inmtnuncoit is a "comtrul0ion mortgage" teeatriag an obligaa?ott marred for the eonstmotion of the Improvement on the Property lncbadiog the acquuaidou cost of the Proper44 if say, smd my motes issued to eatcam. I renewal, or submtionion thereof. Dwrower affirms, w1 otr?ledlzat &W wamrmts that pda m the recordadom of this RCX A Rider to Seeurity km mm Page 1 of s $(AM YRSD1dX C,?Q IM041 SK 1868PG2082 02,04!2006 16;27 TEL 7176997794 J CONRAD Security fmuurattat, ss sugemw, in the Rat PtOPCM Records of the cottro co whom ft property is locaw, so Mprovementa oontaflopltttba aby dw Low dded or delivered work bas been Performed. aml no ttaWs bave 3. Throve Advarws• This Sccurky Instrument "' secart in additiorr to the o? evidenced by the Note all tYtnda heidefter sdvsuced by I mdw to or for the beaetl ob??s eoatsiaod in the Cent =W07 the Loan a end all Wdebt s o WW W by axe, try, W. presently or hereafter to Leader, however asiaing, oteathng such debts or owed by NOW"r gm=ty, operation of law of otherwisC: wbelber or sot ft 2&0= or "Nuts obligations we Presently foa'emcn; sed rntdiess of the class of debts or other 611 0=s be 00Y txertred of ttnsecatred or arisin *010 eamrnsttial, credit Wd or consumer tMesadow. of the State other fie. All furor" Avat?cee shall be rasda within the time lirdt wAoriNd by the era p4aasyi?raaia 4. Diabmw%011 a to Protect Security. All same &bursed by Lendw prior to P?>?? compledou of the Improvements to Protect der secarlty of tbis Satortty , up to ft wmnt of the Note and any ftttwt advattcaa, "bill be treated as disbtusemots panusat to the Lmn Agreement. " a," sums "hail bear tatta+ost [torn the dine of disbarsemcut at the rate stated in to Note and the Addendum to the NOW tmlem the ao1lodon from BOr` ovw of brtetost st such rate would be contrary to appikable law, in &I& event such an own shill beer interest At the bot?fr m w to BOOM Lender be collated from BarrQww uadct' applicable law sod shall be payable TO Biwar reguaatittg payment therefore. 5. Assignment of Rights or CWmt. From cline to time a Lender dewae accessary to Pro= Leader's iaternat, Baesower ,bill, unto" request of Lander, execute, admwle4o before a notary, and deliver to Leader, aaaipwAnts of say sad all righta of claims whicb relate to flat ounshuction on the Property. 6. ft"wh by 130 ft-MM. In cue of UVxh by Borrower of tbo covenawu and conditions of the Loan Agreement, Latdw, at i.eader'a optim, with or whhoot entry upon the Property. (a) may involve any of tba d*a or mnedies provided in the Loan Ag vtoent, or (b) m+4' accalem the moos =tad by "his Security Instnmemt and involve my of those mmedies pmvrded for in this Security Iortrum sd, or (e) may do both although failtue to exercise any of its rillas and rwadiaa st say one time dots not eonatitme a waiver or modifiation of my conditions, titre or-, Inhr the [hour,. 7. Armrdsatioa and L. Agreement. After the bommawaient of ammbation of the Note, the tetas of the Iaeo Agreement shall be decuied to have been satisfied- Thm ,ball bd no clam or Wave ulaing oat of or in ooanoction wide the Lash Agreerueot against the obligation; of the Note sod this Swaxity Irk. 8. RopvAy. The property owased by this Seettrlty Iaatrm cat In chrdae the properly desc<ibed or rddrrod to is this SeaM* IastrUSIent, together with tbo followiAS, all of which are re aired to a the "Propaq'. The portion of the Property described bdaw which coaatimtes tag pmpwty is o rd cared w m the wR d Property". The pordoo of rho Property wkiaoesseitotes Poswral Property is soawtimea referred to as fire "Pauoaal Property", listed at follows: Any and all buildings, Ym wovmx s (provided in the Loan Avuum r or otherwise), and ttwme btu acv or hereafter erectsd as the Propartyt any sod all bemofore and hereafter vaesfod oil" 0048950440 RCU RWa a sa uriq Lvano an Pau. 2 of S Sim VHWIGY ?? IA 042 $K 1868PG2083 02/04200 -16;27 TEL 7175997794 J CONRAD N my end streets abutting the Propem, eaaememis, its, appurtenances, rcuts (" " boaeva to a aseignment of resin to Lander). lanes. ioyal?s, i0°, oil and ins ruler and p?ft' v?etes'. water tlohts and water stock sppurMWa to ft Pn"q (to the extent they ante inclardedlia inn, and fi'nde'r fee simple title)" MW aw all fixtures. ttachinery, or on, r gala, VP di every net= whatsoever now or hereafter wood in, or used, or musing, to be ot is Ooh to, tho e witb the property and all teplecoa mla and accessions of thaw tnrJudfng, but not limited tces for following limier, which as bn*y re'ogniaed by the i? to this instrument as finis: appliances the purpose of suppbying or disc ib MS hauiag. t'oilers' decuieity, an. water, air and light security and eaoeas ooobol apparatus; piuagftp, sad phobing fiamrea; rgftigcmft, cooking and tmd*y equ}paoseat; carpet, floor oovori"gd and Aterbr'tad eatmior window ttieatmaote; Aunitm and cabinets; Mod interior pnd WWWW sprinwer plant and lawn naw"snetce 074pme01; firs ptov"osi Mtlng? ! apparato and oquipmVrt, wt's tanks. swisimoing pooh CODWISM. vaanrm oleamin8 sydtaru. disposal. OPM00adc" for dishwasher. raagc. and oven. My dlmubboty and l tang; any cad all plans nd oil MMW end develop>Mnt of or ooesrtrsiction of bVrovoments upon the Prapeasy; eras ! suboomtrects relating to the Property; say and all aocoosita,''"tract rights, fatrMMaa, doou ' ! SWOd intangibles, and cberw paper arising ftvm or by virwe of any uansactioas related to the Property,; any gad all permit. licensee, ha"chima, 'erdfications, laid other rights and privileges obtained in oatmection with the Property; any and all prodwts and promeds Atkins frown or by VUU4 of the sale, lease, or other disposition of any of the Property; any gad all proceeds payable or to be payable under each policy of inst row relatiua to tbo Property; any and all proceeds arising from rho taking of an or part of the property for any public or gwaiTablic use under any law, or by right of eminent domain, or by private or other purchase in lieu thereof; all Mdld9aa p antlta, certificates of occuppa'y. certificates of txanplian'e, any right to use utilities of any kind inoluding wader, sewage, drainage and any other utility rigs ts, however seising whetber private or pubh', paent or ibtwo. including any resarvation, pandt, letter, eertHScate, license, order. wuhut or otherwise =4 any other permit, lif't'. cardflate. lleesise, order, contract or other document or approval received fsvm or issued by gay govaesumntsl entity, quael-goverstnental entity comma carrier', or public utility in any way all other rdaftg to of any part of the Peoparty or the h nprovemmts. ?turea and cquipm'at flatten"; every kind and dhar mer which Boarrvwer now has or at any lima bermAer acquires Is and to the Property, iacludbsg aU other items of property end d&U deeaibed elsewhere in this Saeurtty lasbu=t. 9. Seaarity ins nWMt. This Seam'l;l' Lsatrtmtent shell be a security agreement granting Lesider a first and prior security huerest in all of Borrower's right. title and fatsrwt in. to and undo the Pssond Property, under and within the meaning of appiicebk stalua of this dads, loaded on or acquired for iustalletion on or used In the operation of the real property. including, but not timitad to, all constnaction materials. goods, equipment and fixtures, and all accessions. addftioas and replacements thereof. As well a a mortgage gramina a lieu upon and egalnar the Red hvp". bn the event of gay foreclosure sale all of the Red and Personal Property may, at the option of Lander, be sold as a whole or in may part. It shall not be necessary to have present at the place of such ask the Peesond ragaarty or gay part datoof_ Lander shall bat's all the rIghta, rcu edisa end reamnam with reepw to the personal Property afforded to a "Secured party" by fie applicable ststates of thin state in addidon to and not in limitation of the otbar rights and rOeotuse afforded Linda under this Sawfly bWnunent. Borrows shall. upon dausud, pay to xaeder the amount of any gad ell expenses, fncluding the fits std d%barseuaeats of LeaWw's legal moavd and of my wMerts and agents whits Leader may inert is connection with, (i) the making and/or administration of this '9watrity Untrammot; (ID th' custody, pr+escrvatim use or operation of, or the sale of, cotle'tlon front, or other wdiratlm upon goy property, real and/or personal, desaibed is this Security >Imtnemo, (iii) the curdas or enforcement, of my of 0040`50440 R= hider b Sewhy Iaeanm M MSC s of s t AGI t IM16Z &?,n Q04S BK t 868PG2084 G?• i+•i r:+ti€: 16:28 TEL 7175997794 3 CONRAD the rights of ]Leader under this Ssouritf IMMUBW; or (rv) the MM by Bonbwes' w Pwfc m of observe Ow of the provisions or nova m om 6n OM grew it7 fnatruznmft. . Lmdar shad not be mWon able for the oo p?? of tb y bVeMe" 10. 5fAd * n w b, Cou k*W a trot' Or suray Bar rowar in of ptxformatwe by .rov r. in the nd event shall *A not inaaps+ovsanYpeaft ,,, sot remelt aMm4ing to tba P1aas sad Nmdftadow approved by Leader. and It is ddm%rlwd for whatava roman ft Lt dw don not have s lieu arift by or through Bmmvwer, than Lint w gun have a valid lien ibr its loan amount. less the mnoO31t teaso ONY nary to Complete the impmwmta, or in swb event Lender, m ifs option. shall have the right to comi the ]mpc'vmwAnts. sad tba lien shall ba valid fag the lope aAUM• pwNpn* 6 of tha se,=* fit. 'Cher first m ante of par""O 6 of ft Swuzity Ian is leabY mOdliSAd to read as follows; Barrows shall OPaW. establM tad use the PmpwiY ss 80"OWS p resideaoc wicim gutty (60) days ft m the cmuti0u of the ModlR =dm Agramt W and shall MUM ID oypy the Pt4pwty as Borrower's xwch"t raideace for at Isaac we (1) ym aft the data of ocaupaacli, Was Linda' of w wise agrees in wridng, wbiob conamctt doll ax be WOMOOmblY wWdWd, or ttnlaaa wA=Nth+6 C MM OLW wbieb are beyond Sa wwW3 of mul. All other "AIWons in Paragraph 6 of tlm SwAiry Iaabrnaamt (amain mdoWd• 11. bvww )Aftvialaas. If sty ptovwm of this Swzjty IaAfrtaoent is dedwed Invalid. illco, or un=A c4*hlc by a mW of competent jurisdiction, then PA& atvalw. illegal or tmeutdcota?hlo provision allU be severed ft m dds Smw t7 bmrumsot ad tam rormWer edfamed as if such invalid, Olegal or mm*reeable provision 13 not a part of this Sacua-i4 lnstrnmadL I 12. Address. i The aafm and addt++ss of the BorrwwrlAebtas' daring construction of ft ImP'oveea omb U; GA10t7R'i< A 7tMITAX 1053 ztz A= litre COfOmttojw, Pa"pylvauia 17070 ad of the Leaft/Swurad VwfY RST 1 RZZM MW LOAN CORpmTzw is: gal. A=Mmm =a"" SUIT 420 PITTt xmm, PA 15720 + 13. Other Providons. Mw following notice is rrgnirad by law: IIV mTANP Ncmcm YOU Axx wwa7f NO rum TEAT ANY Pzmw PSG LADM ON YOB 1rRO MW OR VVRN SIBTIG MA'l'SRIALS FOR TlOM SON, AW, OR RMVE&? (W YOM AGGAlWr YOUR P8OM= 9 HE 13 NOT P A AID IN MILL, WO TSOUGH 'YOUR MAY BAYS PAID TIES FULL COMAC1' P%L TO YOUR CONTRACrM 7M COQL.D REWLT IN YOUR PAYING FOR X.ABOdt ARID MATMAU TWlM. TM L N CAN = EPU10R W BY YOUR CONTRACTOR LM WWArMS MOM ALL PRRWN8 P G LABOR OR FURN M NG MAT1Hil" FOR TBB WORK ON YOUR PSOPSRIY. YOU MAY W>riZIDOt.D PAYA TT TO T= COMMCM IN 7M AM M OF ANY UNPAID CUM MR LABOR 00443so440 6raaca YWO17A RC1.A Rider w Swutq' T i'+a? or S IM 044 BKI868PG2O85 6:28 TEL 7173997794 J CONRAD W043 A MCO?E? LW ? ?I. MM AND MATERIAL SLTKZW LA?= YOUR CO TTStACP, AND T99 Tj= TO DETZOOC F M TMd V TIMY HAVE WMN PAID FOR LABM PB WUWd P AND MAMMU•3 pumasm. By sib blow, Bommea ampts and aglow to She =4 covenaate oooatsitud in this ReddWW Commotion Loo RkWr. m .4mae-LEL- sr SUSAN B. RnITAR Bono*w Bomma Ac mawladBmeota AiudW Pima mach the APF*Piate Couaty/Sure Sgcdit Notary Aclmowledg=ot 0049850440 RCL A RkWr b Sam* bw=mw Pane s o(S a/M MW17B BKI868PG2086 EXHIBIT "C" u"'?? : Zlrt$ 18:26 TEL 7175997794 J CONRAD 1M046 7 ?llb Auer Recording Return To, PHmc-poet Clawing Nail R002a 15S5 W. Walnut Till Ln #200 MC 6712 Irving, TX 75038 Laan Number 0046850440 LL.S C' J,7 PbGS APR 26 P11 3 39 (Spice Abort dtit Lin for Rseordins OW) LOAN MODWCAMON AGREEirtEVT (Providing for Fixed Interact RAte) This Loan Modification Agreement ("AST'mment"), made this 6th day of XMCB 7005, botween ORBOORY A ROSRlTAR ("Borrower") and FIRST XORIZGN ROMM LOAX CORPORATION (' Leader"), arnma and supplemms (1) the Mortgage, Deed of Trust, or Security bad ("'tbe Security lnummt"), dated 5/2812004 and recorded in of the Land / Official Rocordc of Cumberland County, and (2) the Note bearing the snort date u. and secured by, the 3ccurity intttutneot, which covets the real and personal property described in the Security lnsuun=t and deftW therein as the "Property", located at 1614 FOX ROLLOW ROAD, ri CMaC9BUM, Pennsylvania 17050 (Property Addrats) the real property described being act forth as follows: All that tract or parcel of land as shown oa Schedule "A" attached hereto which is incorporated herein aad v ado a part hereof. lpitiali ? Aube 1 d4 FH(=N BOOK 717 ma 26D 02/04/2008 16:28 TEL 7175997794 J CONRAD fdj047 M In considrradoa of the mutual promises and agreements exchanged, the parties hereto Agree as follows (notwithstanding anything to the contrary conraitted in the Note and Security Iaatrumeot): than amount payable under` the Note and the Security 1. As of 3/08/2005 lnsuument (the "Unpaid Principal Balance") is U.S. $ 384, 755.oprincipai 0 Borrower to hereby renews and extends such indebtedness and promdses to pay Jointly the Balance'the ), order of the Leader the sum of U.S. S 384,756.00 coeslAWS of the amount(s) locoed to borrower by L.eoder nod any interest capitalized to date. 2. Borrower promises to pay the Principal Balance. plus interest, to the order of Leader. Interest will be charged on the Principal Balance at the ly ran of S. 879 %. from 3/0812005 . Borrower mires to make monthly payments Purnsip and Interest of U. S. $ 3,220.86 . beginning out the 3.sb day of KAY 2005 , and cootthwing tbaeafter on the saute day, of each succeeding month (= aprindpal and interest an paid in full, if on Dan"), Borrower still owes amounts under the Note and the Security Instrument, as mmoded by this Agreement, Borrower will pay these amounts In firll on the Maturity Date. Borrower will crake such payments ffi 80 sox ens, NWEX9, TN 38101 or at such other place as Lender may require. 3. Tito lien std security inierm secured by this Agreement is a "Renewal and lixte miar' effective as of 3/08/2005 . It is the intention of the patties that all lions ad set dty interests described in the Security instrument an hesreby teaawed and extended until the indebtedness eviderwed by the Note, as rewwed, modified, and aoanded hereby, hits been folly paid. Lender and Borrower acknowledge and agree that such extension, renewal, amendment, modification or rearrangancut shall in no manner affect or Impair the Note or the liens and smurity interests securing same, the pub of this Agrtemew being simply to extend, modify, smcad or reserMe the time and the mamwr of payment of the Note and the indebtainr.-as evldautcd thereby, and to carry forwani all liens and seuurity Interests securing the Note (including if applicable any ad all vendor's liens securing the Note), which are expressly acknowledged by the Borrower to be valid and subsiating, and in full force and efface so as to fully secure the payment of the Note. The Bot'mwer hereby expressly waive; the benefit of any and all statutes of Ilmitadon which might otinerwiw inure to Borrower's benefit, or be in say way applicable to Borrower's obligations under the terms of any and all itiucniments described herein. if all or any pan of the Property or any interest in the property is sold or transferred (or if Borrower is not a "Ural person and a beneficial interest In Bomma is sold or transferred) without !moan's prior written cottseat, Lender MY rtgtire Iramedieto PaYnXWt In full of 111 sums secured by this Security 1115mumsat. If Lender exercises this option, Landau shall give Borrower n9ace of meek alicq. The notice shalt provide a period of no less thin 30 days from the date the notice is delivered or mailed wMin which the Borrower must pay 111 Sums secured by this Security Instrument. If Borrower fails to pay these sumo prior to the expiration of this period, Leader may invoke any rwoodies permitted by this Security Inan neat wltboat Anther notice or demand on Borrower. 5. Borrower also will comply with all other covenants, agregnma sznd requirements of the Security Instrument, Including without limltatiaa, Borrower's covenUM and agtoamoats ro make all payments of taxes, Insurance premiums, assessments, escrow Items. impounds, and all other 004985 Initials PW2 of 4 1:if61220 BOOK 717 PACE 261 02/04/2008 18:28 TEL 7175997794 J CONRAD W048 veYMOts that Borrower is obligated to make under the Security Instrument; however. the following terms and ptovisions are forever canceled, nuu and void, as of the date specifiod in paragraph No. 1 above: Providing for. (s) all terms and provisions of the Note mid Security Ins<n»?t ( any) Pm 4Vkzte dne, or rplating to, pay change or adjtssn'terg in the rate of interest payable under the Note; aid (b) all terms and provisiom of say s astable rate rider. or other lustrutumt or docu mwds that is Axed to, wholly or partially incorporated into, or to put of, the Note or Security Instrument and that contains any each to m and provisions as those referred to in (a) "Vt. 5. Notbiq in W3 Agreement shall be uaderstoud or construed to be a satisfaction or release in whole or in part of the Note and Security Inatrtmtent. Except as otherwise specifically provided in this Agreement, the Note and Security Ins mawnt will remalu unchanged, *Ad Borrower and Lender will be bound by, and comply with, all of the terms and provisions thereof, a6 amaWed by this Agrvcw4nt_ 7. No Oral Apumertts: THE WRITTEN LOAN AGREEMENTS REPRESENT THE FINAL AGRERMENTS BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES, THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. ' ACCEPTED AND AGREED TO RY THE ' OWNER AND HOLDER OF SAID NOTE i PIRST lit ZZON X?30 L0 Co"ORKT100 1 sy Borrower Borrower Burrower 0049550440 9008 711 PAcE. !V? Pap 3 *14 MOM 02,-04/2008 16:28 TEL 7178997794 J CONRAD 10049 r state of ? X_ County of 1tWL Before me, a Notary Public on this day prt•soeslly appeared GRWORY A itNUTAR (Saar) MINN SW 90.7004 AYstitsst 7t4 known to me (or proved to me On the oath of 6h . through Ph brial.; (description of idendty card or other docunrettt) to be the person whose rime is adbocribed to the foregoing instrnrrneat and aclmowledgemsm to me il?at ho/shaK my owuted the same for the pueposW and 00ndder81190 therein expressed. Given under nuy hand and seal of this office this . day t Public Corporate Aeknowlndgetttettt ?( Bef, me, the undersigned authority. on this day appeared ?•C? ( ?"kt?s A U ? CL '7QU&, of S 15j,- oveRos1 LDAn5 subscribed to the foregoing lastrtuaent, trend eelmOwled$bd to nets thu rxocutsd Me same for the puvorw and considemiop therein expressed m the act and deed of said corporation and in the capacity therein orated. % (3ivea under my hand and seal of this oYtla this day of rf . 20 N is UMMS.Now MOTW pUKM STAM OF W1RVI"D MflCaTeds"MOMMusti.V= 0048350440 Y Certify this to be recorded in Cumberland County PA ?'Ceorder of Deeds on 717 PAGE X63 EXHIBIT "D" LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land being situated along the East side of Lisburn Road, SR 2017, in Lower Allen Township, Cumberland County, Pennsylvania, said Lot being shown as Lot No. 6 on a Final Subdivision Plan for High Meadow, Phase 4, dated July 19, 1996, and last revised August 27, 1997, as recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 75, Page 94, said Lot being more particularly bounded and described as follows: BEGINNING at a point on the Western right-of-way line of Fox Hollow Road, said point being the Northeastern corner of the above described Lot and the Southeastern corner of Lot No. 5 of the above referenced Subdivision Plan; thence along the same right-of-way line, a curve to the left with a radius of 1,425.00 feet and an arc length of 131.33 feet to a point; thence along the Northern property line of Lot No. 7, South 44 degrees 44 minutes 13 seconds West, 175.65 feet to a point on the Eastern right-of-way line of Lisburn Road (SR 2017); thence along the same right-of-way line, North 50 degrees 52 minutes 00 seconds West, 150.00 feet to a point; thence along the Southern property line of Lot No. 5, North 50 degrees 01 minutes 01 seconds East, 197.18 feet to a point, Being the Point of BEGINNING. CONTAINING an area of 25,907 square feet (0.595 acres). THE ABOVE DESCRIBED lot is under and subject to the following easements as shown on the above referenced plan: A 50 foot wide landscape buffer. UNDER AND SUBJECT to Declaration of Protective Covenants, as recorded on March 20, 1979, in the Office of the Recorder of Deeds in and for Cumberland County, in Miscellaneous Book 242, Page 215. ALSO UNDER AND SUBJECT to all rights-of-way, easements and restrictions of record on the date hereof. SUBJECT to all rights-of-way, easements and restrictions of record on the date hereof. BEING a part of the same premises which Richard P. Eldredge and Joan M. Eldredge, husband and wife, by their Deed dated January 4, 1982, and recorded September 9, 1982, in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book 'X', Volume 29, Page 53, granted and conveyed unto New Penn Motor Express, Inc., a Pennsylvania corporation, Grantor herein. EXHIBIT "E" ?""FW 'OHOR90N. 1iU U1%N CD~0N December 6, 2007 GREGORY A RESETAR 1614 FOX HOLLOW RD MECHANICSBLMG PA 17055 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE BEEN DISCHARGED IN A CHAPTER SEVEN BANKRUPTCY, WE ARE NO SEEKING PERSONAL LIABILITY AGAINST YOU, BUT ARE PURSUING OUR RIGHTS AGAINST THE PROPERTY AS PROVIDED IN THE SECURITY AGREEMENTS. This is an official notice that the mortgage on r-ur home is in defau11 and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home This notice explains how the progm- works. To see if HEMAP can help, vou mu MEET WITH A CONSUMER CRE IT COUNSELING AGENCY WITHIN(30) DAYS OF THE DATE OF THIS NOTICE Take this notice with you when you meet with the Counseling A eg ncv. The name address and "hone number of Consumer Credit Counseling Agencies serving your Coun are listed at the end of this Notice If you have any , questions y2u may call the Pennsylvania Housing Finance Agenev toll free at 1-800-342-2397 (Persons with impaired hearing can call (707) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. ACT 91 Page I of 5 LA NOTIICACION EN EDJUNTO ES DR SUMA IMPORTANCIA, PUBS AFECTA SU DERECHO A CONTINUAR VWIENDO EN SU CASA. SI NO COMPRENDE EL CONTENWO DE ESTA NOTIRCACION OBTENGA UNA TRADUCCION IMMEDTTAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVIAN HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRMA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POP, EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Mortgagor Name GREGORY A RESETAR 1614 FOX HOLLOW ROAD MECHANICSBURG PA 17055 Loan Number :0048850440 Original Lender Current Lender/ Scrvicer : First Horizon Home Loans 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 (301 DAYS. IF YOU PO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENT-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. Ile names, addresses and televhone numbers of designated consumer credit counseling agencies for the county in which the nropertyig 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 Mortgage Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. ACT 91 Page 2 of 5 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, FORECLOUSRE MAY PROCEED AGAINST YOUR ROME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY AMQNN 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). HOW TO CURE YOUR MORTGAGE DEFAULT Brine it uu to date). NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located at: 1614 FOX HOLLOW ROAD MECHANICSBURG PA IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: No. of months due Payment amount due 3 @ 3233.81 0 a@, 0 0@ 0 Late Charges 322.08 Other charges: Bad Check Fee .00 Other Fees .00 Minus Suspense .00 TOTAL AMOUNT PASTDUE: 10,023.51 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): ACT 91 Page 3 of 5 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 1S 10,023.51 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: First Horizon Home Loans 4000 Horizon Way Irving, TX 75063 Attn: Cashiering You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise 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 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 orouerty. IF THE MORTGAGE IS FORECLOSED UPON Ile 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 attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY tgriod. you will not be required to pay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have right to cure the default and prevent the sale at any tie uR to one hour before the Sheriff's Sale. You may do so by paying the total amount then asdue, plus any late or other charges then due, reasonable attomey's fees and costs connected with the foreclosure sale and any other costs connected with Sheriffs Sale as strecified in writing by the lender and by_nerforming 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. ACT 91 Page 4 of 5 HOW TO COPITACT THE LENDER: First Horizon Home Loans 4000 Horizon Way Irving, TX 75063 Attn: Loan Counseling Dept 1-800-707-9998 /Phone 1-214-441-7392/Fax EUTCT OF SHERIFF'S SALE- You should realize that a Sheriffs We 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 anytime. ASSUMPTION OF MORTGAGE-You may or 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. YOU MAY ALSO ]RAVE THE RIGHT *TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. *TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. *TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TROS IN ANY CALENDAR YEAR.) *TO ASSERT THE NON-EXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. *TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. *TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. IF YOU HAVE ANY QUESTIONS, CONTACT LOAN COUNSELING AT 1-800-707-9998. Sincerely, First Horizon Home Loans Collections Department 91 Page 5 of 5 WFMAP Cnnsumer Credit Counseling Agencies _CUMBERLAND County Report last updated: 10115/200710:03:08 AM Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Unglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captial Region 1514 Deny Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717232.2207 Maranathe 43 Philadelphia Avenue Waynesboro. PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 7160 3901 9841 6222 0135 w S N 0 . N :N 8 d f ? f?D 0 JJ K m N m O f ?? 5 Ho NK 11(?HEI.t]?1N CtNfPW110N December 7, 2007 SUSAN B RESETAR 1614 FOX HOLLOW RD MECHANICSBURG PA 17055 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE BEEN DISCHARGED IN A CHAPTER SEVEN BANKRUPTCY, WE ARE NO SEEKING PERSONAL LIABILITY AGAINST YOU, BUT ARE PURSUING OUR RIGHTS AGAINST THE PROPERTY AS PROVIDED IN THE SECURITY AGREEMENTS. This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Svecific information about the nature of the default is pmvided in the attached Va¢es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home This notice exylains how theprogsa works. To see if HEMAP can hell, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WTTHIN (30) DAYS OF THE DATE OF THIS NOTICE Take this notice with you when von meet with the Counseling Agency. The name, address and phone number of Cons r Credit Counseling Agencies serving your County are listed at the end of this Notice. If ,you have any auestio?ou may ca11 the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call (707) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. ACT 91 Page 1 of 5 LA NOTIICACION EN EDJUNTO 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 IMIVMDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVIAN 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 SA.LVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Mortgagor Name SUSAN B RESETAR 1614 FOX HOLLOW ROAD MECHANICSBURG PA 17055 Loan Number :0048850440 Original Lender Current Lender/ Servicer : First Horizon Home Loans 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 MI ST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and tele one numbers of designated consumer credit counseling agencies for the county in which the vroaerty_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 Mortgage Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. ACT 91 Page 2 of 5 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, FORECLOUSRE 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). HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date). NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located at: 1614 FOX HOLLOW ROAD MECHANICSBURG PA IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: No. of months due Payment amount due 3 @ 3233.81 0@ 0 0 0 Late Charges 322.08 Other charges: Bad Check Fee .00 Other Fees .00 Minus Suspense .00 TOTAL AMOUNT PASTDUE: 10,023.51 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): ACT 91 Page 3 of 5 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 10,023.51 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: First Horizon Home Loans 4000 Horizon Way Irving, TX 75063 Attn: Cashiering You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights t accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. 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 propertti. , mortgaged property will be sold by the Sheriff to IF THE MORTGAGE IS FORECLOSED UPON-The 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 attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period. you will not be required to may attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default andprevent the sale at y tie up to one hour before the Sheriffs Sale You may do so by ?vuig the total amount then past due, plus my hate or other charges then due. reasonable a Arne 's fees and costs connected with the foreclosure sale and any other costs connected with Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mort gage. 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 Sheriff s 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. O 00 oO d D j. .v r t -'1 `1 clfi SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-00971 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FIRST HORIZON HOME LOANS VS RESETAR GREGORY A ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT RESETAR GREGORY A but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT , NOT FOUND , as to RESETAR GREGORY A 236 HILLSIDE DRIVE NEW CUMBERLAND, PA 17070 PER SUSAN, GREG MOVED TO UTAH IN NOVEMBER. Sheriff's Costs: Docketing Service Not Found Surcharge ,2/19/0& So answers- ? 18.00 17.28 5.00 R. Thomas line 10.00 Sheriff of Cumberland County ?L .00 50.28 PARKER MCCAY 02/27/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-00971 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST HORIZON HOME LOANS VS RESETAR GREGORY A ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RESETAR SUSAN M N/K/A SUSAN M BRITT the DEFENDANT at 1230:00 HOURS, on the 21st day of February-, 2008 at 236 HILLSIDE DRIVE NEW CUMBERLAND, PA 17070 by handing to SUSAN A RESETAR a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Additional Comments 1614 FOX HOLLOW ROAD MECHANICSBURG IS VACANT. Sheriff's Costs: So Answers: Docketing 6.00 Service 9.60 -,0000, Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 a/14/oe n `lam ? 25.60 02/27/2008 PARKER MCCAY Sworn and Subscibed to before me this day By. Deputy Sh iff of A. D. PARKER MCCAY P.A. By: Emmanuel J. Argentieri, Esquire Attorney ID# 59264 Three Greentree Centre 7001 Lincoln Drive West, P.O. Box 974 Marlton, NJ 08053 (856) 810-5815 Attorney for Plaintiff, First Horizon Home Loans, a division of First Tennessee Bank National Association First Horizon Home Loans, a division of First Tennessee Bank National Association 4000 Horizon Way Irving, TX 75063 Plaintiff, Vs. Gregory A. Resetar and Susan M. Resetar, n/k/a Susan M. Britt 1614 Fox Hollow Road Mechanicsburg, PA 17055 : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : FEBRUARY TERM, 2008 : No.: 08-971 : CIVIL ACTION : MORTGAGE FORECLOSURE Defendant(s) PRAECIPE TO SETTLE, DISCONTINUE AND SATISFY TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please withdraw Plaintiffs Complaint in Mortgage Foreclosure and mark same satisfied and dismissed. Dated: October 8, 2008 By: hr, cs,,