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HomeMy WebLinkAbout08-2391 SHAPIRO & KREISMAN, LLC BY: CHRISTOPER A. DENARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 LAUREN R. TABAS, ESQ., ATTORNEY I.D. NO. 93337 ILANA ZION, ESQ., ATTORNEY I.D. NO. 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 08-032402 HSBC Bank USA, National Association as Trustee on behalf of SG Mortgage Securities Trust 2007 AHLI Asset Backed Certificates, Series 2007 AHL1 PLAINTIFF VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: b$ - 0239/ 0Iva-Ferm Georgene Poticher 585 Bella Vista Drive Enola, PA 17025 DEFENDANT(S) COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING INWRITING 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 MAYBE 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. r Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. r NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 SHAPIRO & KREISMAN, LLC BY: CHRISTOPER A. DENARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 LAUREN R. TABAS, ESQ., ATTORNEY I.D. NO. 93337 ILANA ZION, ESQ., ATTORNEY I.D. NO. 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 08-032402 HSBC Bank USA, National Association as Trustee on behalf of SG Mortgage Securities Trust 2007 AHL1 Asset Backed Certificates, Series 2007 AHL1 PLAINTIFF VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: OF- a31/ C-&na Georgene Poticher 585 Bella Vista Drive Enola, PA 17025 DEFENDANT(S) COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, HSBC Bank USA, National Association as Trustee on behalf of SG Mortgage Securities Trust 2007 AHL1 Asset Backed Certificates, Series 2007 AHL1, the address of which is, 12650 Ingenuity Drive Orlando, Florida 32826, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortaa&e: Mortgagee: Mortgage Electronic Registration Systems, Inc., as nominee for Accredited Home Lenders Inc. Mort.gagor(s): Georgene Poticher (b) Date of Mortgage: May 25, 2007 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Mortgage Book 1994 Page 2785 Date: June 4, 2007 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assignments: Assignor: Mortgage Electronic Registration Systems, Inc., as nominee for Accredited Home Lenders Inc. Assignee: HSBC Bank USA, National Association as Trustee on behalf of SG Mortgage Securities Trust 2007 AHL1 Asset Backed Certificates, Series 2007 AHL1 Date of Assignment: As Recorded Recording Date: As Recorded 2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by virtue of the above-described Assignment(s). 3. The real property which is subject to the Mortgage is generally known as 585 Bella Vista Drive, Enola, Pa 17025 and is more specifically described as attached as part of Exhibit 4. Each Mortgagor named in paragraph 1 executed a note as evidence of the debt secured by the Mortgage (the "Note"). A true and correct copy of the Note is attached and marked as Exhibit "B." 5. The name and mailing address of each Defendant is: Georgene Poticher, 585 Bella Vista Drive, Enola, PA 17025 6. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 7. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of November 1, 2007 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 8. The following amounts are due as of March 31, 2008: Principal of Mortgage debt due and unpaid $157 998 70 Interest currently due and owing at 9.999% per annum , . calculated from October 1, 2007 at $43.28 each day $7,920.24 Late Charge of $80.54 per month assessed on the 16th of each month from November 16, 2007 to March 16, 2008, (5 Months) $402 70 Prior Foreclosure Fees . $175 00 Appraisal Fees . $111 00 Property Inspection . $10 50 Title Search/Report Fees . $550 00 Attorneys' Fees and Costs DOTAL . $5,000.00 $172,168.14 9. Interest accrues at a per diem rate of 43.28 each day after March b31, 2008, that the debt remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other expenses, costs and charges collectible under the Note and Mortgage. 10. The attorneys' fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriffs sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. 11. This interest rate is subject to adjustment as more fully set forth in the Note and Mortgage. 12. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et seq., was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Pursuant to the act of December 21, 1998 (P.L. 1248, No. 160) (Act 160), this Notice contains the information required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P.S. Section 403 et seq., and separate Notice of Intention to Foreclose is not required. Copies of the Notice are attached hereto as Exhibit "C". WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendant, in the amount set forth in paragraphs 8 and 9, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. Date: A Imm SHAPIRO & KREISMAN, LLC BY: ?, Attorneys for Plaint ff S & K File No. 08-032402 r N ?' t ? 100T JUN y A? 10 25 Prepared By: AoMdkod Nam Lenduls, hrc, 8300 SW CmaCarpondon 1o1 Subs 200 8rar rbn OR 97000.7129 Return To: AOO1adled Harts Ltan bM k= Aft Post D*pL low wwc Bar * Dr. 81dp 1 San Dbpo, CA 92127-1670 Parcel Number- 09-11-3005-020a Premises: 585 BELLA VISTA DRIVE ENOLA, PA 17025 1510001 Abwe TMr Um Aw R.r.,11,5 D.W DEFINITIONS MORTGAGE Words used in tmilfPle sections of this document arc defined below and nd other 100176107042058676 words are an, defined in Sections 3. 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "SwUsit7 It"trOOad" means this document, which is dated May 25. 2007 togedia with all Riders to this document. (8) "Bos'r+ower" is GEORGENE POTICHER. A MARRIED WOMAN Borrower is the mortgagor under this Security Imttument. (C) "MFRS"' is Mortgage Electronic Registraion Systems, Inc. MFRS is a acing solely as a nominee for Leader and larder's 30oacssers and assi a corporation that is "8d* this Secu ft IosbrammL MM is Orgllulmd and existing under l . Sus. NO= is the aorhas an address and telephone number of P.O. Box 2026, Flint MI 48501-2026 tel ( Sj 679-MleEB?S.' and has an POMYLVAMA - Single Parnay - 0704205867 -F ndde Mae UNMpRM INBTNUMBr! WITH ME3tS "-aAtPA?io.oa Form 3039,,* P.,., 0,6 may,. YMV MpVWe Sokfflo • inc. isoo1621-7re1 6K 1994PG2785 *b) "4w "a* rnkh)" (D) "Leader" is Aootadlad Henna Landau, I= A Ca Vm& Capowtlon Leaderisa Corporation organized and existing under the laws of the State of California Lender's address is 8300 SW CMfti& pb a &jb 200 M "[Vote" means the?8MIM OR 8700&7128 The Notestatest112tBO ??l? oney hundred anfi?y ePlay ight 25. 2007 one hundred and 001100 (U.S. $158,100.00 ) plus interest. Borrower Dollars to ? this debt in regular Periodic ba3 Payments and to pay the debt in full not later than June 1, 2037 Propert"?MPff y" means the properly drat is described below under the heading 'Tramfer of Rights in the (G) "Loan" me= the debt evidenced by the Note, plus interest, any P1gMYnt CMICl and late charges due under the Note, and all awns due under this Security Instrument, plus interest. (M "Riders" means all Riders to this Security I» stntmaut that are executed by Borrower. M. folio Riders are to be executed by Borrower [cbecit box as ?8 qpBcabla]: © Adjustable Rate Rider rq Condominiwn Rider Sece> Id Home Rider VBal A Rider coon R Planned ? Development Rider 1-A Family Rider ? Biwooldy Payment Ritter Other(s) [specify] (1) "AppilcW* Law" means all controlling applicable: federal, state and local statutes, MgWS6M orainaccea and administrative rules and orders (that have the effect of law) as well as all applicable final, a nn- judicial opinions. " Association Dais, Fees, and Awaaminb„ means all dues foes cbarges that ate imposed on Borrower err the Property by a condominium on ho and other association or similar or8mizion, maowners (M chwA, draft, oNc Fotads f read. mesas any transfer of funds, other than a transaction originated or sandot puter, or aUHWM:dc pex s tape ansot'aswbkbd is ?una ted through an electron tumoral telephonic instrument, com or credit an account. Such term includes, but is not liinstruct or M&Orize mited w a fiaansfer institution d debh machine transactions, transfers initiated by telephone, wire triufm, and automated reuse transfers. clearingbouse (L) "Fiaew Items" mesas those items ibat ate described in Section 3. Y sadoa, settlement, award of damages, or proceeds paid by M durd party Y ra thin" means msm=m darn2ge to, or destruction of, the Prv(ed) paid under the coVerw t described in Section S) for. (i) Property; (iii) Conveyance in lieu o?o (ii) won oilier taking of aB or any part of the Value and/or condition of the Property. O°; or (iV) ep r adoas of, or omissions as to, thv (N) RM,lga6e "means insurance protecting Lender ag-mt the nonpayment of, . default on, the LOW. (O) "Periodic PaY"nai" means the regularly scheduled amount due for t Note, Plus (a) any amounts under Section 3 of this Security Instrument. () princi pal and interest tinder the 0704205867 t??MPA?rowm ?ry?: Pgp2d16 Form 3039 1101 OK I994PG2786 (P) "RFSPA" means the ReW Estate Settlement Procedures Act (12 U.S.C. Section 2601 at xq.) and its implementing replstion, Regulation X (24 C.P.R. Put 3500), as they might be aooeeded from time to time, or say additional or successor legislation or regulation that governs the same subject matter. As used in this Security Insuutient, 'RESPAI refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loam" even if the Lou does not qualify as a 'federally related mortgage loan' under RESPA. (m "Successor in Isterat of Bamwer" means any party that has talren title to the Prciperty whether or not that Parry has assumed Borrower's abligaboaa under the Note and/or this Security Matrarag 'ot TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument setarres to leader: W the repayment of the Loan, and all renewals, extensions and modifications of the Note, and (ii) the performance of Borrower's coveosara and agreerneatt under this Security Instrumem and the Note. For this purpose. Borrower does heteby mortgage, great mad convey to MFRS (solely as nominee for Leader and I ender's amareasors and assigns) and to the successors and assigns of MFRS, the following described property located in the County (type Of Recorder rmtsakaomi of CUMBERLAND (Name ofRecordo,armiedieooel: See Legal Description Addendum Page Attached wbichcutrentiyhastheaddressof 585 BELLA VISTA DRIVE ENOLA (SM-1 ('Property Address'): lulu], Poaosylvania 17025 [zipCW TOGETHER WITH all the ituprovemtaus jww or hmafter erected on the property, and all easemenn, and fiaturea now or btm? a part of the All repLweammts and additions shalalso be covdned by this Security Instrument. All of the = is ref to ibis Security Instrument as the "Property." Borrower understands and agrees that MFRS holds only legal title to the unc eaq mod by Borrower in this Sticuit? hoMm-st, but. if aeo=q to comply with law or custom. MERS (as Rwdiace tftodr Leader and I ender s suooeasors and )bas the right to exercise any tar any action required of Lender including, limited ttof rereasiawell the Property; mad to or an of those Instrument. b caAOeling this Security S 0704205867 4q-A4PAI tows) P+u.sof ,s Form 9039 trot 9K 1994PG2787 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the tight to mortgage, grant and convey the PAY and that the encumbrances of record. Borrower warrants and will defend generally the Property tidc e to the unencumbered, except for claims and demands, subject to any encumbrances of record. Property against all THIS SECURITY INSTRUMENT combines uniform covmanis for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real Property. UNIFORM COVENANTS. Borrower and bender covenant and agree as follows: 1. Poymcut of Prbdpal, I ski et, Em- heals, pmt Borrower shaft pay when doe the principal of, and interest' sad late ChMW. Pmt charges and Late Boon, rrower the debt evidenced pfi by the Note and any e;ba[gW due under the Note. Borrower shall also pay y foods for Escrow items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if my chock or other instrument recdved by Lender as payment under the Note or this Security inatrumeot is mturned to Leader unpaid. Linda may require that any or all subsequent payments due -der the Note and this Severity Instrument be made in one or more of the Wcctcd by Lander: (a) cash: (b) money order, (c) certified check, forms, back check r cashier's Ch-J4 provided any such , its a are means or Check is dtswn upon an instnhtion whose deposits insured red by a federal agency. inswtnsatality, or entity: or (d) Electronic Funds Transfer. Payments are deemed received by I.eader when teaived at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice Lender may return any payment or partial PAYS if she a partial payments `s are in Section 15. bring the Loan current. Lender P net paymen are insufficient to current. withaht waiver of any rights aY accept Any payment or paarti rhaal l payment insufficient to bring the Loan hereunder or prejudice to its rights to refuse such payment or partial Payments in the Suture. but Leader is not obligased to apply such payments at the tine such payments are accepted. if each Periodic Payment is applied as of its schethrled due date, than Lender [teed not pay mutest on unapplied foods. Lender may hold such usapplod lihnda until Bomower mal xs payment to bring the Loan tautest. If Borrower does not do so within a reasonable period of tine. Leader shall either apply such 9mds or return them to Borrower. If not applied earlier, such funds will be applied to the principal balance under the Note Immediately prior to foreclosure. No offal or claim which Bo wer might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Insaumetd or pmfmmmg the covenants and agreements secured by this Security Instrument. Z. Appiicattom of Payeteeb Of Proceeds, Except as otherwise described m this Section 2, all payments accepted and applied by Lender shall he applied in the follow;n order of Summa) interest due under the Note; (b) principal due under the Note, (c) amounts due under Sea; n pnonty; payments shall be shall be a applied d first cOD Jac Periodic Paymem m the order in which it boas ne due. Any remaining amounts charges. second to any other amounts due under this Sac then to reduce the principal balance of the Note. tY Instrument, and If Lender receives a payment from Borrower for a delinqueta Periodic payment which includes a sufficient amount to pay any Inc charge date, the payment may be IW to the the late charge- If om Borrower omore a than one Periodic Payment is outstanding, Lends may app1Y delinque any nti ?t received fr repayment of the Periodic pay-mats if, and to the am, each payment 0704205867 ft-GAMAb aloe) ?^"?vaor+ a , e Form 3038 1101 B.K 1994PG2788 can be paid in fall. To the extent that any excess exists after the payment is applied to the fall Payment of one or more periodic Payments. such excess may be applied to any late. Prepayments shall be applied first to any due. Voluntary Any application of Y Prepayment charge and then as described in the Note. Payments. insurance Proceeds, or Miscellaneous Proceeds to principal due under the Note shall em extend or Fender post the due date, or change the amount, of the Periodic Payments. lutes. Borrower shall pay to Larder on the day Periodic Paymen a are due under the Note, a0dl the Note is paid in foil, a stem (the 'Funds') to provide for payment of amounts due for: (a) taxes and assessments and other deems which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground tents on the Property, prcmmms for any and all insurance required by Lender under Section 5; and (d) Mortgage riInsuany; (c) rance premiums. if any, or any soma payable by Borman to Leader in lieu of the payment of Mortgage Insurance premiums in accordance with We provisions of Section 10. These items are called "Escrow Itans." At origination or at any time during die terns of the Loan, Ieodtr may require that community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Bornmw shall promptly famish to Leader all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Leader waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Bo rower's obligation to pay to Leader Funds for any or all Facrosv Items at any time. Any such waiver may only be in writing. In the event Of such waiver, Borrower shall Pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Leader and, if Leader requires. shall famish to Lender receipts evidencing such payment within such tins period w Leader Borrower's obligation to make such payments and to vide race ? may require ' be a covenant and p shall m ail purposes be deemed to agreement contained in rhea Security ln strummt, as the phrase 'ooveutant and agreement" is MM in Section 9. If Borrower is obligated to pay Escrow Items dimetly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Leader may revolve the waiver as to any or all isaexow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower WWI Pay to Lender all Funds, and in such amounts, that are than required under this Samoa 3. Lender may. at any time. collect and hold Panda in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Leader shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be: held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Horne Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the tiara der specified the escrow accountender or ve n? not charge Borrower for holding and applying the Funds, annually Fernald and Applicable Law ?g the Escrow Iteaas, unless Lender pays Borrower interest on the permits Lender to make such a charge. Unless an agrt ca cat a made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be Borrower any interest or earnings on the Funds. Borrower and Leader can required to agree in writing, howevo er, . that interest \ 0704205867 ?-6AIPAleosose m0«• ?L •p• 50 16 fpm 3039 1101 OKI994PG2789 shall be paid on the Funds. Leader shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If time is a surplus of Furls held in escrow. as defined under RFSPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Leader shall notify Borrower as required by RESPA, aced Borrower shall pay to Leader the amount necessary to make up the shortage in aooordaoee with RESPA, but in no more than 12 Monthly Pays. If roue R a deficiency of Ponds held in escrow, as defined ands RESPA, Leader shall ruff' Borrower as nxpdred by RESPA, and Borrower shall pay to Lender the amo mt necessary to mabe up the deficiency in woordanee with RESPA, but in no more than 12 monthly payments. Upon payment in tall of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Fins held by Lender. 4. Merges; IA=. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can Mm priority over this Security Instrument. leasehold payments or ground razes on the Property. if any, and Community Association Dues, Fees, and Assessments, it any. To the extent that these imam are Escrow Items, Borrower strall pay them in the manner provided in Section 3. Borrower shag promptly discharge any lien which has Borrower: (a) agrees in y l?ecY over this on in Seculty a Instrument unable writing to lee payment of the obligation scarred by the lien in a maanrr acceptable to Lender, but only so long as Borrower is performing such agreement; (b) mum the lien in good faith by, or defends against mfbrcement of the lien in, Legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (o) secures from the holder of the lien an agreement satisfactory to Leader subordinating the lien to this Security Instrument. If Leader determines that any part of the which can attain priority over this Security Instrument, Lender may y is subject to a lien lien. Within 10 give Borrower a holier f take sg the dari of the date an which that notice is given. Borrower shall satiety the aim or or take tae or More of the aCUM M forth above in this Section 4. Lender may require Borrower to pay a oce-time charge for a real estate w verification and(or reporting service used by Leader in dom Mon whh this loan. S. Property hl on m7e, Borrower shall keep the improvements now existing or hereafter erected on the Property insured against Goss by fire, bazards included within the term 'extended coverage," and any other hazards including. but not limited to, earthquaiass and floods, for which Leader requires iosursom. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. W» Lender requires lwrsum to the preceding semences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Leader's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either. (a) a one time charge for flood mac determination, certification and tracking services; or (b) a one-time charge for flood mne determination and owtiflcation services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower, 0704205867 I%-OA(PA) jowsl P.r. e « i o Fenn 3039 trot B t 994PG2790 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's Option and Borrower's expense. Leader is under no obligation to purchase any pul is ular type or amount of coverage. Therefore, such coverage shall cover Leader, bar migbt or might not prow Borrower, Borrower's equity in the Property, or the contents of the hazard or liability and might provide greater or lesser w may' against any risk, verge than was previously is effect. Borrower acknowledges that the coat of the insurance coverage so obtained might significantly exceed the cost of irtantaoex that Borrower could have obtained. Any amounts disbursed by Linder under this Section 3 shall become additional debt of Borrower 30CWW by this Security Instrument. These amounts shall bear iwerest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Leader to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Leader's not to disapprove such policies, shall include a standard mortgage dun, and shall rune Lender as mortgagee and/or as an additional loss payee. Leader shall have the right to hold the policies and renewal cerdficatoa. If Leader requires. Borrower shall promptly give to leader all receipts of paid pleadmi s and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, Or destruction of, the Property, so& policy shall include a standard mortgage clause and shall name lender as mortgagee and/or as an additional loo payee. In the event of I-, Borrower shag give prompt notice to the msurance carrier and Lender. Lender may make proof of Ions if not made pmtaptiy by Borrower. Unlesa Lander and Borrower otherwise agree in writing, may itwrrance proceeds, whether or not the underlying insurance was required by Leader, shall be applied to restoration or repair of tax Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Leader shall have the right to hold such insurance proceeds until Leader has had an opportunity to inspect such Property to ensure the work hu been oomplerod to Lender's satid aion, provided that such inepetaan shall be undertaken promptly. Leader may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, lender shall act be requited to pay Borrower any interest or earnings on mulct proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall net be paid out of the insurance proceeds and shall be the sole obligation of Borrower. the restoration of repair is not economically fessr'ble or Lender's security would be lessened, the imm?arw proceeds shall be applied to the sums secured by this Security Instrumeat, whether or not then due. with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Leader may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is givum. in either event, or if Leader acgmres the Property under Section 22 or otherwise, Borrower hereby assigns to Leader (a) Borrower's rights to any insurance Proceeds to as smount not to exoeod the amounts unpaid under the Note or this Security Iastntment, and (b) may other of Borrower's rights (other than the right to any refimd of unearned premiums paid by Borrower) Under all itsutaooe policies covering the Property, insofar as such rights are applicable to the overage of the Property. Leader may use the insurance proceeds either to repair or restore the Property or lay amounts unpaid under the Note or this Security instrument, whether or not then due. 0704205867 W6AIPA1lowei om° ? a 16 Faro 3039 1107 BK 1994PG279 I 6. Oompnncy. Borrower shall occupy, establish, and use the property as Borrower's principal residence within 60 days after the execution of this Security Iostrnmmt and shall continue to ocmpY the Property as Borrower's principal residence for at least one year after die date of occupancy, unless Leader otherwise agrees in writing. which consent shall not be unreasonably withheld, or unless ca n wtng ctrc>mstimes exist which ate beyond Borrower's control. 7. h"W" don, Mahatma" and Pt*uUoa of the h-Pasty; Ioapecd.. Borrower shall not dest y. damage or impair the ptope=ty. allow the Property to deteriorate or commit waste 0, the Property. Whether or not Borrower is uaWmg in the Property, Borrower shall maintain the property in order to prevent the Property from dags iorstmg or decreasing in value due to its condition. Unless it is determined puratimt to Se titm 3 that repair or restoration is cot economically feasible, Borrower shall PromPtly MP- the Property if damaged to avoid kriber deterioration or daimage. if inaraoee or condemnation proceeds are paid in connection with dawge to. or the taking of, the Property, Borrower shall be responsible for repairing or maturing the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration M a single payment or in a series of Progress payments as the work is completed. If the insurance or condemnation proceeds an not MM jmt to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may Mahe reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may InspM the interior of the improvements on the property. Lender shall give Borrower notice at the time of or prior to Rich an interior iospeuion specifying stub reasonable cause. 8. Borrower's Loan App111CM600. Borrower shall be in default if, daring the Loan application Process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave mawially false, misleading, or imamate information or ataceMenta to Lender (or failed to provide Leader with material information) in connec ion with the Loan. Material representations include, but are not limited to, repnneotations concerning Borrower's occupancy of the property as Borrower's principal residence. 9. PrabecUon of Lender's Gtered in the Property and Rlghta Under this Security La4yasmt, if (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) these is a legal pmceeditg that might d0ficzdY affect Leader's interest in the Property and/or rights under this Security Iastlummt (such as a proceeding in benkruptoy. Probate. for condemnation or forfeiture, f r enforcement of a lien which may attain priority over this Security Instrument or to tatorce laws or regulaflona), or (c) Borrower has abandoned the Ptoperty, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security InStMI ,.... including Protecting and/or naming the value of the property, and securing and/or repairing the property. Lender's actions can inciude, but are not limited to: (a) PaYiag any arms secured by a lien which has priority over thin Security IMruIDmt; (b) appearing in court; and (c) paying reasonable iattorneys' fias to protect its interest in the Property and/or rights uador this Security Instrument, including position m a banbulitcy B B• SM-ing the ft0p" iuchtdes, but is not limited to, entering the property to matte repairs, dunge locks, replace or board up doors and windows. drain water from pipes, eliminate building Or Other code violations or dangerous conditions, and have ug7tties turned on or off. Although Lender may talon action under this Section 9. Leader does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. 0704205867 ?mride? -"IPA) p9oal Pape 8 0d is Form ao;ts trot O{ 1994PG2792 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instruam . These amounts dud] bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property. the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 16. Msirrepige Insurance, if I saint required Mortgage Insurance as a condition of mating the Loan, Borrower dull pay the premiums required to maintain the Mortgage Insurance in effect, if,1br any reason, the Mortgage hauranoe ooverage required by Leader oases to be available from the mortgage insurer that previously provided Mich i asmance and Borrower was required to make separately doslgnstod payments toward the primers for Mortgage ho urance. Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost srbstwAWly equivalent to the cost to Borrower of the Mortgage Insumoee previously in effect, from an alternate mortgage msm+er selected by Lender. If substantially equivalent Mortgage Insurance coverage la not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and ntam time payments as a non-refamdable loos reserve in lieu of Mortgage Insurance. Such loss reserve shall be run-refimdable. notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower coy ice rest or earnings on such loan reserve. Leader can no longer require loos reserve payments if Mortgage h utaocce coverage (in the amount and for the period that Deader requires) provided by an insurer selected by Leader again becomes available, is obtainod. and Ieadet requires separately designated payments toward the premaham for Mortgage Insurance. If Lender repred Mortgage Insurance as a condition of making die Loam and Borrower was required to make separately daigmmed payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums reapured so maintain Mortgage laiuranoe in effect, or to provide a non-m%ndable lose unnerve, until I sender's regmremenr for Mortgage bumatos ends in accordance with any written agreement between Borrower cad Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligaion to pay interest at the rue provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for eertaio losses it may incur if Borrower does not repay the Lam as agreed. Borrower is not a patty to the Mortgage 12HU roe. Mortgage insurers evaluate their total risk on all such inmusnce in forte from time to time, and may enter into agrees with other patties that shape or modify their risk, or reduce loam. TLaae agreements are on terms and conditions that are satisbaory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to maim payments usuag any sermon of funds that the mortgage Insurer may have available (which may include fimds obtained from Mortgage Insurance premiums). As a result of these agreements, Leader, any purchaser of the Note, another insurer. any reinsarer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage hnmsmce, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an Mine of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." purther: (a) Any saw* agreements wM not ailed the amsats that Bonomw mar agreed to pay for Mortgage Mmance, or any other term of the Loma. Saari ng+eewm* wig Not iaereaee the amosast Borrower wM owe for M-*W fawQaNme, tad /iq wig Not eatlfle Berrevr r to away ufnaad. 0704205867 at"I'Al pecan Mi"'a ewe a Of to Ferns 3039 7/0r B41994PG2793 (b) Any each agreements wig not affect the riiglga Borrower has - it any - with suspect to rite Mortgage faweaaa carder the B10116eowaes Proteadea Ad of 1"I or any other law. These r%w nay kc ade the right to receive aetda diaciooara, to regaeet sad obtda attoeWYon of flee MWWV Ice 4WINIM, to have the Mottpge fasnraace te:atiratad adem sda8yr awar to receive a rdlmd of say Mortgage loeoraoce presakapms that were unem" at the three of soak aocdBtien er tearlaatiea. 11- AUWmW assigned Wand ab of llflsodl?esas Pinoeedr; Forfeitum All Miscellaneous Proceeds are hereby paid to Leockt. If the Property rs damaged. each MUCdlaue0pm Proceeds shall be applied to Melioration or repair of the Property, if the restoration or repair is ccanou&aBy feasible and Lender's security is not tosscoad. During such repair and restoration period, Leader shall have the right to hold such miscellaneous proceeds Until Leader has had in opportunity to inspect such Property to come the work bas been complOted to Leader's sansfaction, provided that such hoPecti n shall be aadettattm promptly. Linder may pay for the repairs and restoration in a single disbonemeat or in a serka of progrps paymtaq as the work rs completed. Unless an agreement is made is writing or Applicable Law rtxptins imexest to be paid on each Misoellamous Proceeds. Leader shall not be required to pay Borrower any interest or Mmogs on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Leader's security would be lessened. the Miscellaneous proceeds shall be applied to the sums secured by this Security Instcewent, whether or not than due, with the eaccees, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, demon, or less in valve of the Property, the Misaitaoeotta Proceeds shall be applied to the sums secured by this Security lmtrumeat, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or Ioas in value of the Property in which the fair market value of the Property immediately before the partial taking, damntion, or loss in value is equal to or greater than the amount of the sums secured by this Security bratromect immediately before the partial taking, destruction, or loss in vahte, Unless Borrower and I order otherwise agree In writing, the sums secured by this Security IoW Meat shall be reduced by the amount of the Miaedlanoous Proceeds multiplied by the following fraction: (a) the soul MUM of the $oma accrued immediately before the partial taking, destruction, or loss in valve divided by (b) the fair mulct value of the property immediately before the Partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking. destruction, or loss in value of the property in which the fair marimt value of the Property immediately before the partial toldag, deattt>QiUn, or loss in value is less than the amOant of'tbe sums secured immediately before tits partial takdag. destruction, or loss in value, unless Borrower and Leader otherwise Wes in writing, the Miacdtamus Pro ceeds shall be applied to the setms secured by this Security IUSUUM t whether or not the sums are than due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined In the Mt mum) offers to make ao award to settle a claim for ges. Borrower fails to respond to Lender within 30 days after the date the notice is given, damag l sucker is sdamae to collect and apply the Miscellaneous Pmceeds either to restoration or repair of the Property or to the sums seemed by this Security hutment, whether or not than due. 'OBPoSing Party, toeaos the d1W patty I owes Borrower Mis-Alsocous Pro-W3 or the party against whom Borrower has a right of act. in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or promiling, whether civil or criminal, is begun that, in Leader's judgment. could result in fDrfeio_ of the Property or other material impairment of Lender's interest in the Property or rights under this Security latrtm ant. Borrower can cone such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or prncceding to be 0704205867 mar.: 4%-"'PA) asoap ry. ? o a i o Feem 3039 1/01 OK # 994PG279k dismissed with a tiling that, in Lender's judgment, pechndw forfeit re of the Property or other material impairment of bender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Propetty are hereby assigned and shalt be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Barn wer Not Released; Forbeara ace By )Lewder Not a Waiver. Extension of the time for payment or modification of amortization of the sums amid by this Seoaity Instrument granted by Linder to Borrower or any Successor in Interest of Borrower am not operate to release the liability of Borrower or any Stiteomors in Interest of Borrower. I ender shall not be requited to commence proceedings against any Successor in Interest of Borrower or to rolbse to emend time for payment or otherwise mDdi4 amortization of the sums secured by this Security Instrument by mason of any demand made by the original Borrower or any SStaxasors in bored of Borrower. Any 6otbearauee by Leader in exercising any tight or remedy including, without limiabon, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts leas than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Jold and Several LIabBMy; Co-mass; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However. any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signor'): (a) is sa-igomg this Security Imuoment only to mortgage, grant and convey the co-signer's interest in the Property uttder the terms of this Security Instrument; (b) is not pmonally obligated to pay the sues secured by this Security instrument: and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or malm any accommodations with regard to the terns of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Sucaseor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Leader, shall obtain all of Borrower's rights and benefits under this Security imtnrmeat. Borrower dW not be moved from Borrower's obligations and liability under this Security bnsttu ment unless Lender agrees to such release in writing. The covenants and agreements of this Security bmtrumeat shall bind (except as provided m Section 20) and benefit the successors and assigns of Lender. 14. Lawn Chvgea. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument. including, but nut limited to, attorneys' fees, property inspection and valuation &a. In regard to any other fns, the absence of wpm authority in this Security butromem to charge a specific fee to Burrower shall not be conshted as a prohibition on the charging of such fee. Lender may not charge fees that am expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so diet the interdt or other loan charges collected or to be collated in connection with the Loan exceed the permitted limits, then: (a) any such loan charge dull be reduced by the amount necessary to reduce the charge to the permitted limit, and (b) my ems already collected Wm Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to maim this refined by reducing the owed. under the Note or by making a direct payment to Borrower. If a rebind maces P the reduction will be treated as a partial prepayment without any her a,, n the P?y? merge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of say such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. IS. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Inmtmncw shall be deemed to 0704205867 ate: 44-"(PA) msoei Pao. ++ a is Form 3039 1101 BK 1994PG2795 have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if amt by other memos. Notice to any me Borrower, shall cons6tuse notice to an Borrowers unless Applicable Law eapresaly requires otberwise. The notice address shall be the Property Address unless Borrower has designated a substitute not" address by notice to I ender. Borrower shall promptly notify Linder of Borrower's change of adthaas. If I ender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a charge of address through tins specified pmcedure, There may be only one designated notice address under this Security Ip8tr1®COt at may one time. Any notice to I under shall be given by delivering it or by mailing it by first class magi to I alder's address stated beregn unless Lender has designated mother Wrest by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Sawrity Instrument is also mquued under Applicable Law, the Applicable Law requitement will satisfy the corresponding regoirrsuent under this Swingy instrument. 16. Gov-aft Law; -%-bft; Rdsr of C,ontruellma, This Security lrstn>ment shall be governed by federal law and the law of the jurisdiction in which the Property is located. All righb and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed sS a prohibition against agreement by contract. to the event that any provision or dawn of this Security Insuiamem or the Note eorfliata with Applicable Law, such conflict shall not affect other provisions of fhgs Security Instrument or the Note which cm be given effect without the conflicting provision, As used in this Security Instrument: (a) words of the masculine gander shall mean and gnclnde corresponding nester words or words of the feminine geodes; (b) words in the singular shall mean and include the plural and vice versa; and (c) the wad 'may" gives sole discretion witbout any obligation to tale any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. ig. Transfer of the Property or a lesdmal LtRNt In Borrower. As used in this Section to, Interest in the Property' means any legal or beneficial interest in the Property, including but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment asks oontrm or escrow agreement, the intent of which is the truster of title by Borrower at a future date to a purchaser. If roll or any part of the Property or any Interest in the Pmpmiy is sold or transferred (or if Borrower is not a natural person and a beneficial iterest in Borrower is sold or transferred) without Leader's prior written consent, [.ender may regain immediate Payment in full of all arms severed by this Security Instrument. However, this option shall not be mtetsised 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 Soaion 15 within which Borrower must pay all sums secured by this Security Instimneut. If Borrower fails to pay these sums prior to the expiration of this period, Leader may invoice any remedies permitted by this Security rnsuument without further notice or demand on Borrower. 19. Borrower's Right to Rd ftft Alta' Aeedl rs". If Borrower meets certain conditiens, Borrower shall have the right to have caf came of this Security Instrument discontinued at eery time prior to the earliest of (a) five days before sale of the Property pursuant to any power of we contained in this Security Instrument: (b) such otter period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Tbose conditions are that Borrower: (a) pays Linder all inns which then would be due under this security hmument and the Note as if no acceleration had occurred: (b) dues any default of any other coveoaurs or " \ 0704205667 f-9AIPA1 Posner n s. +s w i e Form 3039 1/01 B1994PG2796 agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees imumed for the purpose of protecting Lender's interest in the Property and rights under this Security butcumeat; and (d) W- suds action as Leader may reasonably require to aeon that Lender's interest in the Property and rights under this Security Inatnmoeat, and Borrower's obligation to pay the soma secured by this Security ImcCVmeat, shall continue unchanged. Lender may require that Borrower pay such reinstatement shams sod expenses in one or more of. the following forms, as selaced by Leader: (a) cash; (b) money order: (c) certified chock, bank check, treasurer's check or cashier's checlr, provided my rich check is drawn upon m institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic: Funds Transfer. Upon reinstatement by Borroww, this Security Imurumeo[ and obligations secured hereby shall remain filly effective as if no anion had occurred. However, this right to reinstate shall ant apply in the case of acceleration under Section 18. 20. Sale of Note, Cluuhge of (Loan Swvkw, Nudge of Grimmoe. The Note or a partial interest in the NOW (together with this Security Instrument) can be sold one or more time without prior notice to Borrower. A sale might result in a change in the entity (known as the "Low Servicer') that wHects Periodic Payments due under the Note and this Security Imtrument and performs other mortgage loan servicing obligations under the Note, this security lnstz>ffint, and Applicable I.aw. TLere also might be one or more changes of the Lean Servicer unrelated to a sale of the Note. [f there is a change of the loan Servicer, Borrower will be given written notice of the change which will state the name sod address of the new Loan Semcff, the address to which payments should be made and my other u tmation RESPA requires in connexion with a mice of transfer of unichhg. If tlro Note is sold and thereafter the Loan is serviced by a Loan Services other am the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Goan Savioer or be trmsfared to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwin provided by the NOW purchaser. Neither Borrower nor Lander may commence. join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other patty's actions pursuant to this Security knstrament or that alleges this the other party has breached any provision of, or any duty owed by teaaan of, this Security lastrumeM, until such Borrower or Lender has notified the other party (with such notice given in rmrpiiaooe with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after ft giving of such notice to take corrective action. If Applicable Law provides a lino: period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. Tice notice of acceeration and opportunity to cure given to Borrower pumrrruM to Section 22 and the Wtice of acceleration given to Borrower pursuant to Section 18 shill be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Haawdous Substances. As used in this Section 21: (a) 'Hawdous Substances' are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, berosene, other flammable or IpxiC petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" mama federal laws and laws of the jurisdiction where the property is located that relate to health, safety or environmental protection; (c) ¦Baviron me meal Cleanup" includes any response action, remedial action, or removal action. as defined in Environmental Law; and (d) an "FuvironmeoW Condition" mean a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. 0704205867 4R-GAIPAI mos) "y. 13 of 15 Form 9039 trot Ok 1994PG2797 Borrower shall not sauce or permit the presence, use, disposal, storage, or release of any Haardan Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor aunty one else to do, an drat say ything Property (a) that is in violation of any Boviroamemal aff Law, (b) whin creates an PnvimmnesaW CW M or (c) which, drat to the presence, use, or release of a Hazardous SYrbstance, creases a oondition that adversely affects the value of the property 71e preceding two sentences shall not apply to the presence, use, or storage on the Property o? unau quantities of Hazardous Subsumcm that are geoarally'L iced to be apptopriate to normal residential uses and to mainsenencc of the Property (' reeling, but not limited to, haaardotts subdttimces in eoswmer prodaetsj. Borrower shall promptly give Leader written notice of (a) any mvaeti?aion, claim, demand, lawsuit or other action by any governmental or regulatory agency or private patty involving the Property and any Hazardous Substance or EnviromeenW Law of wham borrower has actual knowledge. (b) any Environmental Condition, including but not limited to, any spilling. Waling, discharge, release err threat of release of any Hazardous Substance, and (c) any condition carved by the use or release of a bHyazadous Substance which adversely affects the value of the Property. If1?'learns, or is notified that KW remedisM of enyll v ? or regulstorT affecting lyPtoperiy is Private Soz vua shall removal or promptly pure all necessary wry ax. d. Substance the necessary, rtenedial acres in accordance with Favitmmenlal Law. Nothing herein shall create any obligation on Leader for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and L ender further covenant and agree as follows: 22. Acceleration; Rsedles. loonies t41aM gin Note to Borrower Prior to aaodered . IbBesriag Borrower's breach of a" oeviewist or agoarsaat in this 9aeurity Indrawase (but net per to seadaad" under 9eedi0n is osiers I C provides ofiarwke). L "der *0 sOtf[y Borrower ? am0s? oiler this (( w= (i) tie action rOgskOd to core lie ddssk; (e) when the ddask maK be eared; and ( dot fine to case the delbsk as specified esay nwh in aeodw•ados of the sass secured by this Seoarity tmsdow ro by )sesciY pettoeed? and ads of rite Property. I ? alas fnrfilr falberr BOeeowar lie syi?tt t0 raisateme alter- I d,raUss- arW the rye to await in the IbrOdOSsire the moo-e disa of a delook or any other delete of Borrower to acceleration and far lnwsese oft.del>tslt is ON estod r sppcubd, Ls? at its itieartoption fns4 i d is far of an w.w wcarei by tut Seaaslty I.<ran.at w suit be coil" to woad llect all MW G;WM_ tiffs rrteroast by JpucdOiccfisa?lO?/?1es I.esdsr A?hst cwt Bmifed to, atlarntys?fees a d costs o this eviddks this Sedim 22, ence to the eitent lsmsitsed b7 Law. 23. RdcwL this Security Instrument, this Security Instrument and the ewe conveyed payment of all am secured WWI terminate and become by After and satisfy this Security Instrument. Borrower ahau pay rxordation cam. I ender may chnge Borrower a tee for rdoasmg this Security Instrument. but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waives. Borrower, to the extent parented by Applicable Law, waives and relesies any error or defaces m pings to enforce this Security Instrument, and hereby waives the benefit of any present or frnure laws providing for stay of execution, extension of time, exemption from attachment, levy and sale. and homestead exemption. 25. Adweetel ew Period. Bonower's time to reimtae provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security instrument. 26. Borrower blowy Mortgage. If any of the debt securer! by this Security Instrument is lent to acquire title to die Property, this Security Instrument shall be a pun h. money mortgage. 27. bdasst Rate After JudgmeaL Borrower agrees dirt the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 0704245867 44-WPAI tows Per a of le Form 3038 7107 OXI994PG2798 BY SIGNING BELOW, Borrower aompts and agras to the terms and covenants contained its this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: )'? 01.4 JCV r,4e pry (mil) GEORGENE P ICHER -Bono a -(Sell) -Bamwer _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower _ (Seat) -Borrower 0704205867 WAMAI asasl ?ro. , s a i e Form 3039 trot OK! 994P62799 COMMONIN ALTH OF PKNNSYLVANIA, La a's k.t Co9sty as: On this, the A54b- day of , , oo--7 before me, the undersigned officer, personally appeared GEORGENCHER known to me (or satisfactorily proven) to be the person(s) whose name(s) mdare subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hcrmato set my hand and official seal. My Commission Expires: =NOT Willlic ManhuntyN, 2007 Title of Officer Cert[ecete of Residence r rr 1' ?l / do hereby certify that the correct address of the within-named Mortgagee is P.O. Box 2026, Flint, MI 48501-2026. Witness my hand this 25th at-WPAI rosoat dayof May. 2007 f?" Agent of Mongagm Mq ladle 0704205867 GMIW: Fpm 3039 1101 8 f 994PG2800 ADJUSTABLE RATE RIDER (LIBOR Six-Month Index (As Published In The Wall Street Journa).-Rate Caps) THIS ADJUSTABLE RATE RIDER is made this 2M day of May, 2007, and is incorporated into and shall be deemod to amend and supplement the Mortgage, Deed of Trask or So=ty Deed (the "Security Instrument l of the same date given by the undersigned ("Borrowererl to secure Borrower's Adjustable Rate Note (the "Note") to Acand sd Hama Larttlem It10., A Callimnit C a pOfs90ft ("L.endee) of the some date and covering the property described in the Security Instrument and located at: 586 SEUA ] rty A?A DRIVE THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for ao initial interest rate of 9.999'/.. The Note provides for changes in the interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the lot day of Ju m, 2010 and on the 1st day of every sixth month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six month U.S. dollar-denommated deposits m the London marlret CUBOR'1, as published m The Wall Street Journal. The most recent index figure available as of the fast business day of the month immediately preceding the month in which the Change Daft occurs is called the "Current Index.,' If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information The Note Holder will give me notice ofthis choice. hAlaw 11908 10017610701204!!76 POTIOMR Loon/ 0764USMt A MMDRI.UFF Papa 1 of s AHL mod6ad FamdW" 3186 (IMI SI994PG280 (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding Mot And Nasty lin Hu *edlKs) percentage points (8 9Y0°/.) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.1250%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full over the remainder of the Amortization Period (described below) at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. The "Amortization Period" is the 40-year period beginning one month prior to the doe date of the first payment under this Note. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Mange Date will not be greater than 11.499% or less than 9.91M.. Theeaftw, my interest rate will new be increased or decreased on any single Change Date by mare than Ot70 Arid Onattdpercentsge points (1.M09%) from the rate of interest I have been paying for the preceding am months. My intact rate will never be greater than 18.999!4 or leas than 9.999°/.. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment change" again. (M Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will icmde information required by low to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Corcnaat 18 of the Socruity Instrument is amended to read as follows; Transfer of the Property or a Beneftiai Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, lender may, at its option. require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by applicable law. If Lender exercises the option to require m>mediate payment in full. Lender shall give Borrower notice of acceleration. Ile notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all Burns secured by this Security huarument. 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 finer notice or demand on Borrower. Inlade?? MINe 10017e10704206607e Po'nCHER tone 0701207067 ARMNDPZU" Pais 2 d 3 Atli modsad Faraiallaa Sias (1M) 8Kl994PG2802 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in th4 Adjustable Rate Rider. Btnlowa Date Bona Date GEORGENE POTICHER Borrows Date Borrower Date Horrowa Date Bomawa Date Borrower Date Bomowa DMe MIH9 1001791070420SW75 POTICHER Lanni 0794909967 ARUMDRAUFF Pays 1 d 3 AHL m- M FmwftMm 3136 (1101) I994PG2803 "EXHIBIT A" ALL THAT CERTAIN tract or piece of land situate In the Township of East Pennsboro, Cumberland County, Pennsylvania, more particularly bound and described as follows: BEGINNING at an iron stake on the North side of Mountain Street; thence North 30 degrees, 14 minutes West, 480 feet to an Iron stake; thence North 86 degrees, 22 minutes West, 106.31 feet to an iron stake; thence South 07 degrees, 36 minutes East, 633.17 feet to an iron stake; thence North 59 degrees, 30 minutes East, 621.85 feet to an iron stake, the PLACE OF BEGINNING. UNDER AND SUBJECT to PA Dept. of Transportation Condemnation for U.S. Route 81 (LR 1005). BEING THE SAME PREMISES WHICH Edmund M. Deeter, Jr. Suzanne Deeter, hatband and wife, Emily f. Deeter, single person, Richard Brewer, single person, E. Jean Dater, single person, Albert B. Crawford, H and Linda Crawford, husband and wife, and Edmund D. Crawford and Cathy Crawford, husband and wife, by virtue of a certain Deed dated March 9, 1994 and recorded April 15, 1994 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 103, Page 1169, granted and conveyed unto Douglas L. Zook, his heirs and assigns. TAX MAP #09-11-300-"20A Lumberlanc- 'ounty PA Recorder of Deeds Schedule C ADJUSTABLE RATE NOTE (LIBOR Six-month Index (As Published In The Wall Street Journal) - Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. May 25, 2007 ENOLA PA [city) (State] 585 BEU A VISTA DRIVE ENOI A, PA 17025 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that 1 have received, I promise to pay U.S. S $158,100.00 (this amount is taped "Principal'. Plus interest, to the order of bender. Lender is Atxrsftd Home Landbtt, Inc., A CaBfernle Ccgxxa0on .1 will make all payments under this Note in the form of cash, check er money order. I understand that Lends may transfer this Note. Leader 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 ofPrincipal has been paid. I will pay interest at a yearly rate of 9.99954 . The {merest race I will pay may change in accordance with Section 4 of this Note. The interest rote required by Oda Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Now. 3. PAYMENTS -See Attached Balloon Addendum to Adjustable Rate Note_ (A) Mom and Place of Payments I will pay principal and imlereM by making a payment every mead. I will make my monthly payments on the tat dry ofevery month, beginning on July 1, 2007. 1 will make these payments every month until I have paid all of the principal and interest said any other charges described below that I may owe undo this Note. Each monthly paYMeot will be applied -of its scheduled due date and will be applied to interest before principal. If on ,hap 1, 2037, I still owe amounts under this Note, I will pay those amounts in fail on that date, which is called the "Maturity Date," I will Make my monthly payments at P.O. Box 502480 San Diego, CA 92150.2480 or at a different place if required by the Note Holder. -__L9 MIN # 1001Ta107012e56676 1n161s POTICHER Loan0 0704205667 ARMNOTEWFF page 1 de AHLnwra6adFamisMas 352011101) (iEh Amonst of My initial Mesthly Payments Each of my initial mont* payments will be in the amount of U.S. $ 1,342.38. This amount may change. (C) MostW Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay, The Note Holder will determine my now interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the lst day of Jtuxk 2010 and out the tat of every sixth month thereafter. Each date on which my interest rate could change is called s "Change Date." (B) The Index Beginning with the frost Menge Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six month U.S. dollar-denominatod deposits in the London market ("LIBOR'), as published in The Wall Sire w Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable in6armation. The Note Holder will give me notice of this Choice. (C) Calculation of Cisages Before each Change Date, the Note Holder will calculate my now intereat rate by adding Sbt And Nk*4%i kw HurKhodut(s) percentage points ( 6.980 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest oo"$hth of one poaoemtsgo point (0.125%). Subject to the limits ataled in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to retry the unpaid principal that I am expected to owe at the Change pate in full over the remainder of the Amortization Period (dasmi%cd below) at my now interest rate in substantially equal payments. The result of this calculation will be doe new amount of my monthly payment The "Amortization Period" is the 40-year period beginning one month prior to the due date of the first payment under this Note. (D) Limits on Interest Rate Changes The interest rate 1 am required to pay at the first Change Date will nq be greater than 11.499% or less than 9.999% Thereafter, my interest rate will never be increased or decreased on any single Change Date by mare than Ono And OnofinMpwsonage point(s) ( -5W) from the rate of interest I have been paying for the preceding six months. My interest rate will never be greater than 16,999% or less than 9.999%. IMNi 10017616704"3"76 Ifftiv VR POTICHER Loans 0704265067 ARUNt)tF2.UFF Page 2 of a AHL mgdMa 1 FonnisYas 2620 (1101) M Effedive Date of Changes My now interest rare will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required bylaw to be given tome and also the title and telephone number of & person who will answer any question I may have regarding the notice. S. BORROWER'S RICHT TO PREPAY - See Prepayment Rider attached hereto. I have the right to make payments of Prhrcipal 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 l have not made all the monthly payments due under this Note. I may make a full Prepayment or partial Prepayment 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 dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the amount of my monthly payment after the first Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be oired by an interest rate increase. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be coilectod in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any suer already colkseted from me that exceeded permitted limits will be mfimded 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. Ifs refund reduces Principal, the reduction will be treated as a partial Prepayment 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue payments If the Note Holder has not received the full amount of any monthly payment by the end of Ten calendar days after the date it is due, I will pay a We charge to the Note Holder. The amount of the charge will be 6.000 % of my overdue payment of prineipsl and interest. I will pay this late charge promptly but only once on each late payment. (B) Default IT I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (Q halals: v YIN/ 100175107042454676 POTICHER Loan• 0704200/67 ARMNOTE].UFF Paps 3 al6 AHL modled FannNMaa 3520 (1101) (C) Nodes efDltlaWt if 1 am in deehuit, the Note Holder may scud me a written notice telling me that if I do not pay the overdue amount by a curtain date, the Note Holder may require me to pay immediately the full amount of principal that has not bean tad and aU 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 iC at a time when I am in default, On 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 ifl am is default at a later time. (E) Payment of Note Holder's Costs stud Expellers 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 oosts and expanses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable auorreys' foes. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that mast be given to me under this Note will be given by delivering it or by -"4 't by fast class =9 to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. UWM the Note Holder requires a different method, say Mi. that must be given to the Note Holder larder this Noe will be lily by maM9 it by brat class mall to the Note Holder at the address stated in Section 3(A) *ova or at a different address if l am given a notice of that different address. 9. OBWGATIONS OF PERSONS UNDER THIS NOTE if more a- one Prins signs this Note, each person is folly and personally obligated to keep all of the promises made in this Noe, including the promise to pay the fall amount owed. Any person who is a guarantor, musty or endotaar of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of 's guarantor, surety or endorser of this Note, is also obligated to keep all of the promises Note. The Note Holder may enforce its tights tinder this Note against each person individually or against made is us together. Thit means that auy one of tea may he required to pay all l of the amounts owed under this Nootree.s all of 10. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and Notice of Dishonor. "Prosentment" 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. MIN/ 100176107042D56076 POTICHER ARMHOMMUFF Papa 4 d 0 lrJYalr Loon 0 07042116007 AHL modl6sd Fannbmae 3520 (1101) 11. UNIFORM SECURED NOTE 'this Note is a uniform instrument with limited variations in some lnrisdiclions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Dead of Trust, or Security Deed (the "Security lastrameor" , dated the acme date as this Note, protects the Note Holder fiom possible losses that Wright result if I do not keep the promises that 1 mate in this Now That Security Instrument dowribes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions read as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any Intamat in it is sold or transferred (or i f a beneficial interest in Borrower Is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Leadamay, at its option, require immediate payment in full of all sums secured by this Security instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by applicable law. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. Tbo notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all same secured by Ibis Security Inatrtmtew. If Borrower fails to pay these sums prior to the expiration of this period, Lender may ram any remedies Permitted by this Security Instrument without further notice or demand on Borrower. InNew-L MIN9 1001761070421136076 POTIC14ER Loan IF 0704203!67 ARMNOTE&UFF Papa e of 6 AHL aw 111 ' Fannieldsa 36211(1101) BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Note. ESS THE HAND(S).AND SEAL(S) OF THE UNDERSIGNED. eY Due Borrower Dm GEORG PanCHER Borrower Dace Borrower Date Borrows Date Harrower Date Borrower Daic Borrower Date MIN # 10017610701201!476 POTICH" Lwn 6 0701206M7 ARMNOTU.UFP Pop 8 orb AHL au d W FarmleMae 3520 (1101) 0* OCWEN Loan Servicing. --"C 12650 Ingenuity Drive Orlando, Florida 32826 O C W E N January 02, 2008 WWW.OCWEN.COM VIA First Class Mail VIA Certified Mail (return receipt requested) Certified Number: 71069017515119466562 Reference Code: 0712 Georgene Poticher 585 Bella Vista Drive Enola, PA 17025-0000 Loan Number: 41291535 Property Address: 585 Bella Vista Drive, Enola, PA 17025-0000 PLEASE SEE THE ENCLOSED DOCUMENT DACT91.11 communication is friolf'a debt collector attempting to collect a debt; any information obtained will be used for that purpose. r- of ............. • O C W E N OCWEN Loan Servicing. `'.C 12650 Ingenuity Drive Orlando, Florida 32826 WWW.OCWEN.COM APPENDIX A January 02, 2008 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort a e on our home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM HEMAP ma be able to help to save our home. This Notice explains how the program works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN THIRTY (30) DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counseling Agency. The name address and hone number of Consumer Credit Counselin Agencies servin our County are listed at the end of this Notice. If you have-any questions, you may call the Pennsylvania Housing Finance A enc toll free at 1-800- 342-2397 (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have an Questions, representatives at the Consumer Credit Counseling A enc may be able to help ex lain it. You may also want to contact an attorne in our area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. USTED PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Georgene Poticher PROPERTY ADDRESS: 585 Bella Vista Drive Enola, PA 17025-0000 LOAN ACCT. NO.: 41291535 ORIGINAL LENDER: ACCREDITED HOME LENDERS, INC. CURRENT LENDER/SERVICER: OCWEN DACT91.11 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. O OCWEN Loan Servicing. " C 12650 Ingenuity Drive O C Orlando, Florida 32826 ? W E N WWW.OCWEN.COM 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 tem orar sta of foreclosure on your mortgage for thirty (30) days from the date of this Notice Durine that time you must arranee and attend a "face- to-face" meehne with one of the consumer credit counseling agencies listed at the end of this Notice THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED"HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseline agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). DACT91.11 i ms communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. :............ OCWEN Loan Servicing. ' t.C 012650 Ingenuity Drive Orlando, Florida 32826 O C W E N WWW.OCWEN.COM HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date)NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 585 Bella Vista Drive, Enola, PA 17025-0000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 2 payments in the amount of $ 1,523.58 from November 01, 2007 through January 02, 2008 DETAIL SUMMARY : Principal and Interest ................................. $ 2,684.76 Interest Arrearage ..................................... $ 0.00 Escrow .................................................. $ 362.40 Late Charges ........................................... $ 80.54 Insufficient Funds Charges ........................... $ 0.00 Fees / Expenses ........................................ $ 10.42 Suspense Balance (CREDIT) ........................ $ 0.00 Interest Reserve Balance (CREDIT) ................ $ 0.00 TOTAL DUE .......................................... $ 3,138.12 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 $3,138.12, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by Money Gram, Cashier's Check Certified Check or Monev Order made payable and sent to OCWEN P.O. BOX 6440 CAROL STREAM, IL 60197-6440 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 property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable 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 pay attornev'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 and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paving the total amount then past due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. DACT91.11 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. r OCWEN Loan Servicing 'T C 12650 Ingenuity Drive Orlando, Florida 32826 O C W E N WWW.OCWEN.COM LAKLIEb I FUSSIBLE 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 six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the servicer. HOW TO CONTACT THE SERVICER: Name of Servicer: OCWEN Address: P.O. BOX 24737 WEST PALM BEACH, FL 334164737 Phone Number: 800-310-9229 Fax Number: 407-737-6300 Contact: Performing Collections Dept. EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X may not (CHECK ONE) 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 HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE (3) TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY DACT91.11 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. ...... ...... • OCWEN Loan Servicing +. 12650 Ingenuity Drive Orlando, Florida 32826 O C WE N December 17, 2007 `C WWW.OCWEN.COM VIA First Class Mail VIA Certified Mail (return receipt requested) Certified Number: 71069017515119271159 Reference Code: 0710 Georgene Poticher 585 Bella Vista Drive Enola, PA 17025-0000 Loan Number: 41291535 Property Address: 585 Bella Vista Drive, Enola, PA 17025-0000 PLEASE SEE THE ENCLOSED DOCUMENT DACT91.11 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. OCWEN Loan Servicing -'.C 0, 12650 Ingenuity Drive Orlando, Florida 32826 ocwen APPENDIX A December 17, 2007 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE W W W.OCWEN. COM This is an official notice that the mortgage on our home is in default. and the lender intends to foreclose. Specific information about the nature of the default is 13rovided in the attached a es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM HEMAP may be able to help to save our home. This Notice explains how the program works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN THIRTY (30) DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counseling Agency The name address and hone number of consumer Credit Counselin A encies servin our Count are listed at the end of this Notice. If you have an uestions you may call the Penns lvania Housin Finance A env toll free at 1-800- 342-2397 (Persons with impaired hearing can call (717) 780-1869). This Notice contains im ortant legal information. If you have an uestions re resentatives at the Consumer Credit Counselin A enc may be able to help ex lain it. You may also want to contact an attorne in our area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. USTED PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Georgene Poticher PROPERTY ADDRESS: 585 Bella Vista Drive Enola, PA 17025-0000 LOAN ACCT. NO.: 41291535 ORIGINAL LENDER: ACCREDITED HOME LENDERS, INC. CURRENT LENDER/SERVICER: OCWEN DACT91.11 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. OCWEN Loan Servicing -c C x 12650 Ingenuity Drive 0 O C W E N Orlando, Florida 32826 WWW.OCWEN.COM 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 thirtv (30) days from the date of this Notice. During that time you must arrange and attend a "face- to-face" meetin with one of the consumer credit counseling agencies encies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT 30 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED"HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of desi mated consumer credit counsel p a encies for the count in which the Property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). DACT91.11 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. .......................x OCWEN Loan Servicing -C C » 12650 Ingenuity Drive o C N E N Orlando, Florida 32826 WWW.OCWEN.COM HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 585 Bella Vista Drive, Enola, PA 17025-0000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 3 payments in the amount of $ 1,523.58 from October 01, 2007 through December 17, 2007 DETAIL SUMMARY : Principal and Interest ................................. $ 4,027.14 Interest Arrearage ..................................... $ 0.00 Escrow .................................................. $ 543.60 Late Charges ........................................... $ 80.54 Insufficient Funds Charges ........................... $ 0.00 Fees / Expenses ....................................... $ 5.21 Suspense Balance (CREDIT) ........................ $ 761.79 Interest Reserve Balance (CREDIT) ................ $ 0.00 TOTAL DUE .......................................... $ 3,894.70 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 $3,894.70, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either b Money Gram Cashier's Check, Certified Check or Mone Order made a able and sent to: OCWEN P.O. BOX 6440 CAROL STREAM, IL 60197-6440 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 jour mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable 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 (301 DAY period you will not be required to pay attorney's fees OTHER LENDER REMEDIES -- The lender may also sue you personally for the 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 and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paving the total amount then past due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing anv 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. DACT91.11 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. OCWENLoan Servicing "'C 12650 Ingenuity Drive 0 O C W E N Orlando, Florida 32826 WWW.OCWEN.COM 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 six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the servicer. HOW TO CONTACT THE SERVICER: Name of Servicer: OCWEN Address: P.O. BOX 24737 WEST PALM BEACH, FL 33416-4737 Phone Number: 800-310-9229 Fax Number: 407-737-6300 Contact: Performing Collections Dept. EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X may not (CHECK ONE) 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 HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE (3) TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY DACT91.11 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. Aq VF-R[F[CAT[ON [lava Zion, Esquire hereby states that she is the action, that she is authori2ed to Attorney for the plairttif?in this make this Verification as the Plaintiff is outside- of the Court and plaintiff's ven de the fication necessary to could not be obtained within the t* file this pleading, and that the statements Mme in Mort made in the foromplain t gage Foreclosure are true and correct to the best of ego ing C h and belief her knowledge, information The undersigned understands that this statement he Penalties of 18 pa C.S. Sec- herein is made subject to the 4904 relating to unsworn falsification to authorities. SHAPIRO & KRE1-3&fAN, LLC By- Rana Zi Dated: L AttomeY or quire ai nti ff < < > -n g W 0 .01%k 1*6 CASE NO: 2008-02391 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC BANK USA NATIONAL ASSOC VS POTICHER GEORGENE ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE POTICHER GEORGENO the DEFENDANT , at 1734:00 HOURS, on the 24th day of April 2008 at 585 BELLA VISTA DRIVE ENOLA, PA 17025 GEORGENE POTICHER was served upon by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 16.00 Postage .58 Surcharge 10.00 V ? .00 16 8 .. 411 44.58 So Answers: R. Thomas Kline 04/25/2008 SHAPIRO & KREISMAN Sworn and Subscibed to B before me this day Deputy Sheriff of A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-02391 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HSBC BANK USA NATIONAL ASSOC VS POTICHER GEORGENE R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT OCCUPANT but was unable to locate Him in his bailiwick. COMPLAINT - MORT FORE , He therefore returns the the within named DEFENDANT OCCUPANT 585 BELLA VISTA DRIVE NOT FOUND , as to ENOLA, PA 17025 THERE WERE NO OTHER OCCUPANTS. Sheriff's Costs: Docketing Service Not Found Surcharge y/:2 sIof C , So answers: 6.00 .00 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County 00 2 SHAPIRO & KREISMAN 04/25/2008 Sworn and Subscribed to before me this day of A. D. le i SHAPIRO & DENARDO, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I.D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 08-032402 HSBC Bank USA, National Association as Trustee on behalf of SG Mortgage Securities Trust 2007 AHL1 Asset Backed Certificates, Series 2007 AHL1 Ocwen Federal Bank c/o Ocwen Federal Bank FSB 1675 Palm Beach Blvd. West Palm Beach, FL 33401 PLAINTIFF VS. Georgene Poticher DEFENDANT(S) NO:08-2391 COURT OF COMMON PLEAS CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification to the Complaint in the above-captioned civil action. Respectfully Submitted, SHAPIRO & DENARDO, LLC BY: Ilana Zion, Esquire Attorneys for Plainti f HSBC Bank USA, National Association as Trustee on behalf of SG Mortgage Securities Trust 2007 AHLI Asset Backed Certificates, Series 2007 AHL1 v. Georgene Poticher VERIFICATION The undersigned is Foreclosure Facilitator of Ocwen Loan Servicing, LLC on behalf of HSBC Bank USA, National Association as Trustee on behalf of SG Mortgage Securities Trust 2007 AHLI Asset Backed Certificates, Series 2007 AHL1 and as such is familiar with the records of said corporation, and being authorized to make this verification on behalf of Plaintiff an officer of the corporation and being authorized to make this verification on behalf of Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Ocwen Loan Servicing, LLC on behalf of HSBC Bank USA, National Association as Trustee on behalf of SG Mortgage Securities Trust 2007 AHL1 Asset Backedee'rtificates_ 2007 AHL 1 Date: APR 16 Not Title: US Foreclos Facilitator Company: HSBC ank USA, National Association Loan: 41291535 08-032402 na CIO s -,-; rrr Y;i W f 1 SHAPIRO & DENARDO, LLC BY: MICHAEL CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 08-032402 HSBC Bank USA, National Association as Trustee on behalf of SG Mortgage Securities Trust 2007 AHL1 Asset Backed Certificates, Series 2007 AHL1 PLAINTIFF VS. Georgene Poticher DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 08-2391 PRAECIPE TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter SETTLED, DISCONTINUED AND ENDED, without prejudice. SHAPIRO & DENARDO, N BY: Attorney for Plaintiff DATED: 1 0 o CERTIFICATE OF SERVICE I Michael Clark Esquire, hereby certify that on ?1 L_:U( I served a true and correct copy of the within Praecipe to Settle, Discontinue and End upon the following parties via first class mail, postage prepaid: Georgene Poticher, 585 Bella Vista Drive, Enola, PA 17025 SHAPIRO & BY: Michael Clark, Esquil Attorney for Plaintiff ?°) h i C-' ?`=-? V T, ?? -? !? I' 4.. ;