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HomeMy WebLinkAbout08-2392I! 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. 07-30208 HSBC Bank USA, N.A., as Trustee for the COURT OF COMMON PLEAS registered holders of Renaissance Home CUMBERLAND COUNTY Equity Loan Trust 2006-1 PLAINTIFF NO: ' .13q Q C I V i l arm VS. Nathan J. Serino aka Nathan Serino 202 South Penn Street Shippensburg, PA 17257 DEFENDANT(S) COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER 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. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE RAN 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. 07-30208 HSBC Bank USA, N.A., as Trustee for the registered holders of Renaissance Home Equity Loan Trust 2006-1 PLAINTIFF VS. Nathan J. Serino aka Nathan Serino 202 South Penn Street Shippensburg, PA 17257 DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: S _ .? 311z COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, HSBC Bank USA, N.A., as Trustee for the registered holders of Renaissance Home Equity Loan Trust 2006-1, 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 Mortgage: Mortgagee: Mortgage Electronic Registration Systems, Inc., as Nominee for Fidelity Mortgage a division of Delta Funding Corp. Mortgagor(s): Nathan J. Serino (b) Date of Mortgage: March 13, 2006 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Mortgage Book 1944 Page 2807 Date: March 27, 2006 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) Assi ents: Assignor: Mortgage Electronic Registration Systems, Inc., as Nominee for Fidelity Mortgage a division of Delta Funding Corp. Assignee: HSBC Bank USA, N.A., as Trustee for the registered holders of Renaissance Home Equity Loan Trust 2006-1 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 202 South Penn Street, Shippensburg, Pa 17257 and is more specifically described as attached as part of Exhibit "A": 4. Each Mortgagor named in paragraph 1 executed a note as evidence of the debt secured by the Mortgage (the "Note"). A true and correct copy of the Note is attached and marked as Exhibit "B." 5. The name and mailing address of each Defendant is: Nathan J. Serino aka Nathan Serino, 202 South Penn Street, Shippensburg, PA 17257 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 July 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 Interest currently due and owing at 11.19% per annum calculated from June 1, 2007 at $21.30 each day Late Charge of $32.83 per month assessed on the 16th of each month from July 16, 2007 to March 16, 2008, (9 Months) Escrow Advances made by Plaintiff Suspense/Unapplied Balance Accrued Late Charges Appraisal Fees Prior Foreclosure Fees Property Inspection Title Search/Report Fees Attorneys' Fees and Costs TOTAL $69,486.46 $6,496.50 $295.47 $1,913.05 ($361.70) $361.13 $333.00 $375.00 $31.50 $625.00 $3,474.32 $83,029.73 9. Interest accrues at a per diem rate of 21.30 each day after March 31, 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. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et LN., 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. SHAPIRO & KREISMAN, LLC Date: q.)14116F BY: Attorneys for Plain i S & K File No. 07-30208 29"5 FIRR 27 PSI 1 26 QD61 +,. SMWEAS7' ElIl1'>t 5417 Mrlaastt P , ? fQ ?7-" AftRowrft1tWnTo- !Spas. Miss M& UW For DAN?] ID:33INN15- 00 MORTGAGE LENDIi LOWdky 1lfortgage a divisiaa of Delts Funding Corporation) LOAN #: 0103@{649 NOM M E: MERS, MAT Nuwbadk 100076600000588719 DEF[NMONS Words used in multiple swdom of this doammni are declined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Cctiain ndw regarding the usage of wards used in this document are also provided in Section 16. (A) "Seturlty Inurement" means this dommotat, which is dated March 13th, 2006 together with all Riders to this document. (H wer" is ad= J $e s BorY+o'wer is the Igor under this Secm* (C) "1m" is Mortge1e Wfty ]c Regstrifim. System, Inc. MM is a sepswt!te CO?OlatiGrh that is acting solely as anew for Loader and La x ens sncoessors and assigaa Tlt i. tLe mor pge wader Gh Security Taatrwa Mt. MERS is organised and adsapg ender the laws of D13okw8ag* and has addrrss and Wephoac nwnber of P.O. Box 20264 Flnot, Ml 48501-2026, (D) "Y.mder" is Fidelbly Mo a diviion s of Deft Funding Corpo wion. Lanier is a is 1? 0 0 o or associatim e-A lure' the laws of New Yodc Leows addems nod my Road, Woodbury, New Yart 11797. (E) "Note" means the promissory note signed by Borrower and dated Marro 13th, 2006. The Note states that Borrower owes Leedet suty-aiac thousand six hmadrad Dollars (USAO MAO) phjs interest Borrower has promised to psy this debt in regular Periodic Paymots and to pay the debt in full not later roam April lst, 7038. (F) "Property" means the prnpe* that is described below umder the heeding "Trams& of Rights in the property." rn+NaYrx ?tru-spy. r rony?f...re M..?rr?. was uNO a rrirreueat?r tin a... eras ini 6M* I yr#PW.0 ENNNN=kI944PG2807 ' ,% Exhl k )) 1 , P " ? , .,?'? ",? (G) "Load' mesas the debt evidenced by the Note, phis int t any pmpsymemt chftw and Id e ?dae under the Nate, and all sum due under this Se=4 I ON rntarrat WKSWAwt f Rowing Meng to be awcutxd by Boaower [cheek box tit sib ea)tied by Borrower. The © AO NW* Poe Rider Cl Cartdonofi M ttidar Q sacmd How Pides ? 8"i =RRidw 0 Pl. =W Umt DvaWpm =t Ridw [] Ode a(s) (spe t l ? 1-4 Family Rider El Biweeldy Payment Rider (n "Applta6k Y,aw" means all controlling applicable federett, slam and local stahttes, eels, ? and adminisimtivc roles and orders (that bane the effect of law) as well as ?licabla final, non to judicid opwons. (? "Comet a* AttMbat4 Fees, sad AaaMSatrumb" masers all dace, &as. uses ants sad otter cbagea that are imposed on Borrower or the Property by a coviloolkemm association, homeowners association or similar orga iadon. 09 MftftM b Farads Ti'neer" mesas any transfer of fiends, other than a tranaaction originated by check, *4 or similar paper iustmn=4 which is Whated through an electronic teradml, tele?bonic instnmve lk computer, or mapotice We so as to order, instruct, or authodu a fibtmtaal insi?tutiost to debit or credit as app So& tee, mciudes, but is a* limited to, point-of--sale f 1 ink r 6 salcmded tieller ntaehiae tranw dons, transfi s initiated by telephone, wire Ounsfars, and automated clartgghoute transfers. (L) "Eurow Um" means rherse doers that am damil)ed in Section 3. IM) "M seoaa Proceeds" means an compen adon, settlement, award of damages, or proceeds paid by any third party (other than insursaoe comb paid under the coverages descnbed in Section 5) far: (i) to, or da* cdm o Pmpttcty; 0u7 condeemadon or other tatting of all or any part of daft cdy: Cut) conveyance in lieu of coodamnXtian, or (iv) of, or amisaions a to, the valm w&or cx aMw of the PhVerty. (N) amw-qM lGsaraaee" mesas insurance protecting Lender against the noepaymmt of, or uttt o (O) "Peuerloatc PYymeut" means the regularly scheduled amount dae for (J) principal and interest tmdex the Note, plus (h) any amounts mider Section 3 of this Securi h a_e ume„ (P) "RF,SPA" means the Rad Estate Sealuneat Procedures Act an U.S.C. x'01 et ) and its ling regulation, RgpMon X (24 C.F.. Part 3500), w they might be atnen8?od- Bans time to times, or say ad+dttional or anecaeror loodatiou or regalatiou tltd #avms the lase at 1 ect matter. As used in this Securi Wft=ent, W WA- mess to sit requkcmeals end restrictions that re ati d to a feria y taLtod tosortgage loam" gm ifft Loan not tluslify y tnoa?tgage >oaA uadec RPSPA. (Q) "Stacenmr In Interest of Borrower" means cry party that has taken We to the: Property, whether or not that party has assumed Boanwe es obligations under the Now and/or this Security bUtrtmtent TRANSFER OF RIGHTS IN THE PROPMRTX This Security iusta=ent secures to Lewder. (i) the repo t of the Loan, and all renewals, atmWons and modifianiom of the Note; and (n) the poformance of Borrowces, covenants and agreements under this Security hwhument sad the Note. P19WnVAMA-61O& P=& Mm6MW'a&&UaWWOMWWZrJMW 0"IM YvM3 W IAI 6.W2VJlrw BK f 944PG2808 . «_. VV•UVNII1 W inn From: unknown Page: 21144 Date: 8/29/2007 4:31:46 PM nur-ca-cuui )-Liu r.VVL/VLV r-ion Far this , Bo?ower does mortgage, and convey to hi ms (solely as pomipee for ?Leades's sucoessora and as:i?ns) anti to the mwea soea and us*s of MARS, ft following desenbed property located in the Copy of CUMBERLAND which currently has the address of 202 SON& PMR S&W Siippaalbaq ,Peaslrh?aaia 17257 Property Address): Section: Block: Lot TO RTM VIM all the ' ve umb now at hereafter erected on the property, and now or beeegft a pd of the replttcamatb and idditi ns d*R also be covered by this Security Inehvmacart All of due f6mVing is -rezr+ed to in this Sea" holtumm= as the ?wpm#." Bonower vadaftods and agrcea that MERE hok)s only legal tttle to the iatacesta Srmlad by Borrower in this so=* Ingr meat but, if necomaaiy to comply with law or eaftm, MRS (aa nondow foe L?oder mad L cades's sueceason and siasips) has rho ri& to exoeuim any or all of thoao arteteeta, imahudmg, but not limited to, the right to iroreelaso and WE the , ttad to tie eery Wdon t+eqused of Loder including, but not limited to, releasing and ?tboa Sam* bAftlment. BORROWER COVENANTS that Borrower a lawfully aeiaed of the esha hereby conveyed snd bas the right to mo tmc grant and convey the Property mad that the Property w unencumbered, except for enc b[eoaes of record. Boaiower warrants and will dofmd gcaailly the title t0 the Property against all claims and demands, subject to any awamb moves of recoal THIS SECURITY INS'1RLUENT combines tmifam covenants for national use and non-uniform covetumab with lunited vati dow by jmudikMon, to conatitote a uniform security ioetru rent covering real property. UNIFORM COVENAN'T'S. Borrower and Lender covenant and agme as follows: 1. PsynwW of Prlndpal, Interest, Escrow Items, Prapsnymt Chargaa, and Late Charges. Borrower shall pay when due the princW of and interest on, the debt evidenced by the Note and any prepayment charges and We charges dw under tine Nona. Botrawer Wall also pay f ods for Pam Tt=s pursaatd to Sacfaoa I Payma* die under the Nano mind 0* Seamity Inau went shall be made is U.S. emency. However, if my check or o0w WOnmet received by Leader as paymenr under the Note or this Seem* bskument is returned to Lender nape;', I Amder may ta*k a that my or all aubsegoant payments do wader the Note and this 5ocudty Inattument be made in one or more of the following forma, as selected by Leader. (a) crib; (b) money order; (c) caUed check, beak Cbc* traaaareot's check or cashicr'a check, dad any such check is drawn upon an institutaou whose deposits at insured by a f? agency, instnrme Wily, or catity; or (d) Elecuopie Funds Ttaosfea. rL4M LVAX[A-a:& mar-7mobMw oft KaU100MQNtTt[UM oum" ..rax7/ Im GWSr1&~ SK 1944PG2809 This fax was received by GFI FAXmaker fax server. For more information, visit: http://www.gfi.com HN?,'LO-LVVI VY•VIVIII r l Ylll- From: unknown Page: 22/44 Date: 8/2912007 4:31:46 PM 1-LIV r VVJ/VL'V r-IJi! Payments are deemed received by Lander when, received at the Zocetion in the Note or at such other IONAai as rimy be d od by Ltrfider in accrordsyx?notice provisions in Section IS. Lender may' l In n any payment or prrtid paytrmni if ft payment or partial Payments are insafcient to bang the Lour current. I erd?u MAY My Payment or payee/ payment insufficient, to bring the Loan current, without waiver of any t*s hawandw or to its n to ruse suich payment or partial payments is the future, but Lender is not oM to much at the time such p?y?oft ate sompmd If each Periodic Payment i$ app as of payments due dates d m 1'?ailder Imcd mot pay oax an lied funds. Loft may bold such Unapp W funds until Borrower md= to bdaf the tA*n current If Borrower dace not do so within a reaaartAble period of:4"= shall Catbr apply each funds or return them to Bmxawa r- If nvi ygrpiiad earlier, much k m the r71Nobeo elIwle outstanding principA balance mtdcr the Note immediately puler f f nilfodoe raew . which Borrower might have now or in the feriae against Lgfda„ l lebtt+e BOMO - f ntn making payments due under the Now and this Security Inattumeut or performing the eavemumts and apunwats swanned by this Security rn uument. Z AppVcgdou of Payn=6 or ]pnowis. Except as odwwiw descrtbod in this Section 2, all Paymew accepted and applied by Lewder"be applied in the followkS order of priority: (a) interest due under the Note; (b) principal due under the No*, (e) eneotmt s due under Section 3. Such payments dM be opphed to each Ptriodiic Payment is rile ostler in wbM it beta m dne. .may t+eptataiag ameinis be first to late second to m W other amounts due under this Secnaity Inatntmen; and to rubme the primp balance of the NOW If Lender receives a payment flnm Borr+oq w for a ddiogwm Periodic Payment which includes a sufficient amount to pay any late cbrge due, the payment may be applied to the delinquent payment and the late cbrpe If more d= ow Periodic Paymuaru rm om anft& Lodes may amply any payment roccived from Bwowex to the repayment of the Periodic Payments , and to the extant that, eaeb pays on be paid in fiull. To the extant that any crusts after the payment is applied to the UplpaynmW of erne at mat Paladic Payments, excess mrcb excess may be to any late charge/ due. Vol autay prepayments " be applied first m p AAn appho of poy?, nnuancemproc adK or Miscellsmeous Prwm& to due under the Note " not extend or postpone the due date, or change the sin of Periodic Paymenb I >Phada for Escrow Item. Borrower shall pay to Lender on the day Periodic Payrowts are dine wk r rho Notre, until the Note is paid in a a mum (the "Funds') to provide for Payment of amounts due for, (a) turret and asmemssumb and other items which can again priority over this Security Instrument 49 a lien or eeCt e+C on tb Property; (b) leasehold payments or ground rem on the Pte y, if any; (c) prierniums for any tent all inswancei ubquuead by harder under Section S; (d) Mortgage I?asIsm ce pm , if any, or an)r soma payable by Borrower to Lander in lieu of the payment of Jwjoj%M Itrsaranoeetnnmisa mi aocordtace with tho pw mions of Sedion l0. Thelao ikemm arc w henna. At or iShidw err at anytime during the t= of It Loan, Lvmder may require that Come mitt' Association Dues, Fm, and Assam cnis, if my, be escrowed by l3wwwcr, ad such duos, fans and amsusments shall be an Escrow Item. Borrower shall promp@y faraimh t0 Linder all nodose of amauats to be paid mxW this Sae<60L Borrower OW pay Laft the Funds for Escrow IN= ualeas Larder waives Borrower's obligation to pay the Funds fQr any or all Escrow Items. FZPM VAt*A-ab O3rmdplYwh?AmM ditMN OPORI ns"NUUM can Mwm3M Leal &W4fI1I,1** BK 1944PG2810 IT f This fax was received by GFI FAXmaker fax server. For more information, visit: hftp://www.gfi com Leader waive Borrower's o to pay to Lander Funds for say or all P.acrow Items at any tina?e Aay such waiver may be in Its to event of aadt waiver, Borrower slut! pay d>:?lY, when and where pAyab , the aarosau dna for any Ficrow f Item to for which Lander of Fords has been waived b? ?I,tiadex and, if Leader a gVRC ? shall ?a r evidencing ,rod s?ea@torch payment iww?"n Sus Secirerty such ?. "W as a fLeaft may A =n doo?d be a covmnaat to make sack payua?ta ?Smq boftum at, as tiro AD= QOVOMW and a ' ooataiaed ? mow 'Emma d?1Y. P w a a?aiver, used m Sartion 9. If Borrower is abligwbed ! ' sad Borrower fade to pay the amount tree foe an BMW Itaoo, I,prd?er ms t? r*W Om be antes Section 9 and pay sum anatad and Haarow fine wainar as an Escrow I? at to of SUM amotnnt. mRy any rOp to any Yfne by a w notice given in aceordwo with Section 15 and, u? such ravoollioat, Basrower sisan pv to header ill Funds, ad in meth snmol cK fiat am 9m eogaa'ed under 0& Secdon 3. Lander may, st say tasty cvGM-arud4ild-Vrnds-iu an araoent (a) ou11"reient to peasant Lander to apply the Ponds at the nitre speeifled under REVA, and (b) riot roe Mued- . maximm utmost a lender can require udar RMA. Lander &I a the amool of Fumds due on the basin of emuct data and reasonable estimAn of eaq> om of fuatre E mew Items or otherwise is secoulance wilb AVOW Law. insured by a federal agency, deposits are The panda shall be held in an instituM where iarstntmenWl% or entity Cmchxft Landor, if Leader is an institution whose deepoaits are so Wumd) or in any Fcdmal Home Lam Bank Leader ahtlt apply the Funds to pay the ESCMW Hazsovver for ituns no later then the Limo apocifed MWW RESPA. I?ndet shall not holding and applying rho FUM- 4 uy?an t ? 9oconat. or the Escrow Items, imlelsa pays PorrGm inleiat an tie Foods and Appli "Law peso =-Y.lno¢ u, msica such a dwgr- Unless an tgreciam is made in writing or Appbe" Law saquirm imam to be paid on Ieaft u not be imq" to pay BWOM my bMW or on F? the Funds. Borrower and bender cam agteo in wrrtia& however, float iatea eat "U be?paid as Funds. I.enelex shall give to Borrow, without edtarge, a atonal ACCOM in8 tegdsced by RFSPA. If there is a surphis of Ponds held in escrow, as defined uaderr RESPA, Leader ahal? account to Borrower fist to eicvess funds in acwtdo ee with FJWA.??> is mpW by Funds bald in. caacow, as defined under RESPA, Larder Ad new!' RESPA, and Borrower shall dray to Lender tic amount naxaMty to wake up the abo rtage in accordance' with PJWA, but na no mare than 12 wonthll?? If is ?deWmany of Feuds held in escrow, as defined under RMA, Lundy moBorrower e def c i rn RESPA, and Borrower shall pay to I?cirder the atuoaat tmoeeuasa!? accordsace with RFSPA, bit in no amore don 12 monthiy? ty Inst;lirnm? Lander shall Upon Paynwnt in Ad of ail stoma mcmW by promptly rafunnd to Borrower any Fumb held by Leader. L.lena. Bonower 9MU pay all taxes, as , tioas?la to the Ptoperty which can attain pruner ova &is Aaity d u d Dues, 1 old peymcM or ground rents on the , if any, CammuaitY Foos, end Auessnuats, if any. To the wtteat?ase items are Eseaow Items, Borrower shall pay them in flu manna' WDVAal in Section 3. lies which has over this Security rro Instrument unless Bornowac j aagroes t8 to dw Pam of tine o?bkp6m scond by the Hen in a auraicx acceptable to Leader, hurt only so long as Bonuwcr is opa5oqf ?g S == uch agroemrr?(b) conaoats the lies at good W& by, or tdefoods a? o f f66 t>ukan whole which is I.ender'a aptaaaa esperat+e pcvveart tint y?€ ?c? i WO oonalo&* or (c) accrues f om the ho der of the lien an age cnmut antis toty to Leader au B liar eons 5..:....., Insvument. MMYLIAM-16 der"Dr->'"W" bl-+"IOMDWumOPasxwertLUIM Oam nmun ua ay1?1??r?W 9K 1944PG28I 1 If Leaider detetmiars that soy pert of the Pmpety is subject to a lien which can attain pionly over this Security Imamto t Ltador may give Bummer a soli-- the lien. Within 10 days of the dabs an which that nodoc is Borrower shall satiety the 'ca or WM one or more of the actions set forth above i n this Soctiany 4 Leader may require, Beamwez to pay a ow-time d wrge for a real ortatc tax vcriicadou and/or reporting service nand by Lender in connecdon with ttiis Loan. S. Frail" Inwusm Borrower shall"the its now an' O g or berm erected on the Property marmot aripa Ion fur, by mctaded whbin the term "acrtaaded coverage," and any other hazards iwbdiv& but not lamiNd b. mod floods, for which Y.cuder insmbtce. 'Y'hia ioattrame " be mainedmod m tl>c awatmts Cracladiag de 'blc} sad for the peaiode that Le»der teylti ". What Leader rogaora paeylpl b the prxodiag aentauxs can dnrJng the UM of fie Loan. rw imttttiaoe carrw providigg the taauraace shalt be trboseu by otxcwer sub}-t b UndeA right to 4koppove Boa+o*Ws choice, whicb right shall not be e?reenised tmraaeootibty. Leader tray regme Borrower b pay, in conuchon with this Lola, either: (a) a ode-lima chargr, for nood zone deftmho ion, c erdficadon and aaclang swAces; or (b) a one-time charge for flood mere dete mbuMon and certifiCadan subeegtiant aIAW each time or si muff AMMM occur Which bls might a?iect encL dd mmatw or Bmvwer also be rcaQanwble for the payment of an few iotltonod by the Fedora! Maaagameat Agency is coraaection with the revi4iv of stay flood zone d inadon tmm an objocdon by BOn'DWer. If Borrower fails to maintwia any of the coverages ebtsaa instuance coverage at Lender's option and Borrower's eq met. Lender is under no oblipgaa to =any particular type or amount of coverage. 71swaforae, such coverage shall cover Lender, t or i igbt ?t protect Borrower, R --M-r s is the Property, or the oo -I I of the Property, against any rrak, ha ud or Babgity and m pmvub gram or I== ooveragc than was prcviaudy is effect, Bomma acknowledges the coat of to Wanramoe coverage so obtainedm:-Lt sZ-4,49 antsy amend the coat of hi ma w treat Bomawar could have obtained. Any acmunb diabtused by Lender under this Section 5 shall become sdditi" debt of Borrower secured by this t ty Instrut at. These sesu mb shalt beat iate:eat at the Note rate from tla; dab of deebt and shall be payable, with such intmme upon notice figm Lender to Baao Ali iaeraanee required by Leader and renewals of arch policed dwU be suMact to L males ri to disapprove such policies, shall include a standard morlpge cla»o, sod ftft Dam IAMW as and/or as in additional loss payee Iamder chaffLave too right to bold the policies and rca+rKesloa, If I goder tagui % fkaowrr sta1A prooply give to Lewder all receipts of paid }mmitmEts and renewal notices. If Boaowar obtains atop facet of ' ymsutowe coverage, not otheransa required by Loder, for damage to, or deetmclion the , Mich poltq shall include a standard moripp clause: and shall nme Lander as mor"Ve, and/or as an additional loss payee. M tnVAN1A-8'e&R.sYy ?w?1.lEwllrMi.YreutMMUMt1R MEM QMM FWMM s Lai bwa4ru ow BK 1944PG28 t 2. TT - In the event of loss, Hazrower shall give prompt notice o the immme cagier and tender. Lender may melee woof of loss if not mods pm" by Bovower. Ubbw Lender sad Borrgwer ott?erwise roe m wrrtrn& guy instnaoee pcoCeais, whedte: or at to andedy?ing ins wane was regained by Leader, shalt be sppfied to ins i or M jWr of the , riff' the reswnflon or repair' is economically feasible std Landers socuzhy is not lessened. such refrain and redmition period, Londer shall have the right to hold such imat?nog . mw Ladder's dads an wwWW dcd that maeht ad PrOpUty CD r inspect n mhatl bie imdactdoen mptl ?. L?oodrr may disburse pmeceds for the repares and : a A plc l ign at a aide paymeart or m a sets of pmwm Payumb as the Work is Oompletad. Unless An agmemmut is me& in wrirastg or Apphemblelaw regturrs interest to be paid on mach ureurance pmoaeeds, I,a slnlt not be negttired to pay Borrower any izrtetest or w on such p m6 mdm. Few for pubhcirgsr r' , or odw thud p uties, retained by M mwer abs?ll not be paid out of Oa imtrrsucc and ahall be the sole olsligstion of Borrower. If the reatorstian or is not oemifos kiny foan'blto our Leader's mmrity would be leastned, the ianuum psocsode W- be a;?pliod to t5e satnm weaned by" Sectuity Iubmaht; Whether or not then due, with the ago= if any, pad to Borrower. Such ragas--- proceeds shalt be appu d in tixe ceder perrv" for in Semen I If Boaower abandons the Propedy. may Ek, namadsme and settle any available iasatance chim and rdsted mattes =wer doom ant meApond widtin 3l) daym w a notrcm from I.casder that the is ns mee c wkx has offend to settle a clmrm, am I mhrfer rosy negotiate and seine the claim. Tm 3Uw period writ begm- *hm the notice is given. In either event, or if Lender segtrm the Property andca % Wm ZZ or otherwise. Bautawa bmby ungus to Leader (a) Borrower's rights tD any mmmm= procoeda is m among not to exceed rho MOM* unpaid under the Note or this Sacmity Iask meat, ad (b) arty other of Bwwwoes righa (other than the right to any rdimd of warned 101 ' mu paid by Barawerr) under all iasetetmce poscies covering the Prop",.iae r as soch? arcs roplicable to the coverage of the Prop". Lender mayy use tthhean s srnxnre proceeds tD spear Or restore the Prcperty or to pay amamts unpaid nailer the Note or this Seca dW I t, wbAw or net than des. 6. Occnpaey, Borrower shall occupy, emtprbliah, and, use the Property as Borrower's principal remrcimua within 64 days afhu the ctocWun of this Se adty bxtrwicut and shall continuo to occupy the Property as Borrowce3 pie mipal mcdow for at least one yem after the ilex of occupmey, anlesa Lwder odmrwim asp= in writing, which conaw abed not be um=mmbly withheld, or mini c[tertuamms cis cast which era beyond Boummss oonboL 7. Promma*u, Malaftem gaud Prat mdw of the P"perfrs isrpatiaam. Borrower shall net dastroy, damage or impair the Pmpe dy, dkw the Fr-gww to dexter orsbe or comanit watt on the Property. Whemher or not Bammower is rest?e? in the Property, Borrower dmU maintain the Pto - rty in oadar to prevent the Property Fromm efaeriorsting or deC.[maaiq in vahM due to its emdidcm Unless it is dotmaminod paimthant to Section 5 thst tqw or v atorauan is not ocoeia®ically fad Bomowes ehai! prnmpd rapai? the Property if cfnmMd to avoid f+uther detai?on or damage. If iasmtmae or pra:eods are paid m counoetion with i my to, or then talrivg o$ the Pinpe ty, Bcuvrar shill be tapowibic for rgmw'g or the restarirtg ppaW oats if header bas used POM& for each parpomal. Lander may t disbtuse ffaa far_ the repairs and resterati m in a pt?ymeat or in a miem of payments as the work is eompletwi. If the insurance or ar+e tact =t OD reparr or m mm the Property, Bomowea is not relieved of BorreivWs obligatiem for the comaplatkw of mwb repair or restaration. etlaanr?MC?-a?.r.?y?r r?ww.r?.w.ra.ormaerrnarntoeanrr Pam Fw m m *W?4wjrjmg.u BK 1944PG2813 Lender or its agent may Otab ru asanal;lc entries won, and iii diall give ?o finder may noapeai gm interior fo a ye1?°f ?f°?' If olk the specipy4 Boffow, such reasonable ecaueo, R notice at the time of or prior to et:? an interior ins 8. Berrawer'a )Loan App mdm Borrower shall be in default Ig 6ACMg SW application PM*N s, Borrower or any pecbons or entities Yac 'stag at the directim Bmrow? with Borrowers knowledge or content ?tlse, or MMMIte information or atabemeuts W Lender (or Mid to de Ienvier wfth =m f motion) in tion in ooioa with erns not limited t0. o? +caistiaus cancannce:aiag Haanowra"$? of Lender's Inteseat in the kwrnp wq apUd?? Under tads *"My huftoR L If (a) Borrower fails to perftm tlrs aovggoti sod S' k:64 (b) there is a contained in this interest in the property anWor rights undor dds benlmtptcy, probate, for condemnation arty to ? ? occedbi in luiouty over this S=r ttyy ', f w ?t of a lira whtdt may attain abaadaned the F'ropmtythcn?t or to OR&W Iowa or regulatiaas1 or (c) Borrower Les ROW Lendua'e iutaest is mAy do and pay for whatever is rmomtble or sppioptiats to protecting and/or assessing am w1ueYt>k? utrdor do SeaUrity I? g Lender's actions can mohilc, but am nest (14 and WOMB ?a ?? ?e Y has priority over this {) FOY" my sums saart>ad fry a lien whiudt including iA to Pffltect its tionm in the ftVwfy andlor r* under t? Soaanty Imtr t, not limited to, entering the in p' y ,but is Noperty to mob 1° ° ns' cha or atd l windows 66 water from pipes, a r boast! or deers and twr ar code e violations ar oonditions, and have uOdes tmoed on or WE Ail WA Letdar may take action tmtlir this S Speed ection 9, L.endpr don not have to do so and is not Wder any durty or obligation to do so. It is What Linder intros no liability for not taking any or all actions attdrotized Under 11iis Section Borrower sy amounts by ?er under ft Semen 9 shall become additiional debt of e Seemly lutrumcat 7.7mc amoUSm shall bear interest at the Note rate from the data rOfftyxitement and to Borrower requesting payment. shall be payable, with uurch interest, upon notice from Lender If this Security Instrument is on a leasobold, Borrower shall comply with all the provision of the lease. If Borrower acquires fee title to the Property, to leaaebold and ft fee title "a a unless Lender agrees to the m writing, akdng . Mrtese I? ram Lf Lander = M as a condition of Loa m effect If for , premiums repned to mttatt in, am mortgage Y resson, the Mocfgege Insurance co evadable from the vde?d e ? by Lotsdercxases to be Borrower shaal =?? 1?aY towodd the Premiums for was Marqpp artgags Iaauuwce mod to obtain c?pYarsgts gpaw+cwt tlicw M - of lY ?k at a cast aubdantlelly oquiva?t? abet to BMWAV Mortgage Insurance previously in effect; firers an Omit; mocfgw martin selected by the Lender. rrxaenv an ?. ei.d. rWnVy..Y.r. j&&WyqWUW V4MV%M rr OWIM r.M gar un 6W*4rj l .nr SK 1944PG2814 ISNr-L4-LVVI YY•IVNIII r l Vlll- From: unknown Page: 27/44 Date: 8/29/2007 4:31:48 PM r.VYo/YL'Y r- ion If sehlrstaa4ially agw"Imt Mortgage Insurance cnvexW is not "A l*K Bo ower shall Cogfi e to pay to Lager the amoont of the GVUWIY dQSipi*d payer that were due when the inadarmee coverage ceased to be ift effi t. Leader will socept, use and retain these payuna as a nantaftindsble loss reserve m lieu of Maetgspe Inairdp w Such 1016 save shdl be non'rehubble, Jlctwhbdmldmg the fad that the Loan is ultimately paid in ti4 and j pid shall riot be roq=W to pay BaQower any h to ut or earniap on such Ions mw w Leader par no 1 roqum lass reserve =zb if Mott?ago Imm'ame covavp (m the smohmt and far the i Lender that ? by an mmrrec 6elecbd by L agrtm bocomea av6ilsblc, Mortgage ins»rauce. If Lender mpkied [?a ? Oaaditke of the Loan and war was r+egttire d to males awaa?3y?deaiso+hted.payrohaned toward the pcamehpirs for M h m mce. Borrower ahdl llha preanimns repired to Maintain Mae?a?a tepee ia=or to provide a n laca reserve, nnbl I.msder'a regoimsnaatt M Be Inm rs= earls in amcdeam with any writhm &Fumed between Boaowes- and I pmvidibf for 6uch ft mimft or =0 termiaadon is reghwed by Applio" Law. Nothing in dus Section 10 afFeet3 Borr ow&z obligation to?ay '11-0 11 t st the nft * avided m die Note. Mortgage Ittsmmos re mib== IaWa (or say entity tlmt porclhases ibe Note) for =t,,M loam it may inear if Borrower does not replay the Loa as agreed. Borrower is not a party to do Mo Insurance. - MortgW insurers evaluate their total risk on all such maurtmce is foece from t=e to time, and may arirt ram speemmu with other nertm that share or modify their rid; or induce Imes. T hwc agreements are on terms and that arc a dg&ctory to the montage inaraer and the odw party (or psttiel) to these agraaarans. Theoo sg mehmea may require the insnr+ar to malee paymenb ustagap source of fiords that the matghe inaw:+er may have vat blo (whidr rrhay include foods eibWned tiom? Mcatgage IanuttWUro prarnrom6). As a result of these , Leader, any pmehua of the Note;, another insurer, my reinshs<er, any other aptity, or any aiBitate of any of tea f0hregoin or {diiWar.*) amounts that derive from (or might be chmewri*d tta) a postitm of llatsowee's Mments for Mortgage Iwm uce, in amb oge liar ehht oar modil*g the taoetpte msate?s nrc&xiug 10ascs. Much agraemant Movido6 that an amiatQ Ia+ador Wall s sears of the iwuWs risk in exchange fora share of the premiampow to the inshmor, the arrangC,Itient is Often termed "captive reinsurance," Further. (a) Any inch alneem ift will tact affect tiht; au"ants tlhnt Borrower has Agraed to pay for Mortgage lnsnmce? or mW ehtlhar taaeu of *a t oast. SgMb aw - P m a to wllt mot Inerearo the amount Borrower wM awe for Mori" Immmsee, imd ttthly wID not entitle Borrower to any reflaud. (h) Amy sieb agreemcia a will not ansd tim r%bta Mo.ower hm - if any - wlth o w. line rp?e fadla?b tle aaarwans ?, 1 ' pal - Act of 1"I or any dwr raW. hee r o[tTte r%bt to IWWa eaa -6 dwalores, to rgmd and obtain rsorgthp bMW#pee, to hm dw Ma AMP faarrtaaoe 1wnho ttsd automatically, and/or to reextve a nfmd of they Mirl" bwans" phrl WMS theft were Suermw at the don of Each eanesnadm or tent *@fi@a, hereby 11 A6 t?M sca a sanr l proe soft; Forfi[tare. All Miscall tnwaaus Promo are =*W to and rsMuulvAM_ Mqb F=h-n.d.W r nwmkx =ODOM*n'a=Mr pmr1 nc.?af un py.srn?,irw ?f(l944PG28IS.. This fax was received by GFI FAXmaker fax server. For more information, visit: http:/".gfi.com If the Property is damaged, such Mi celhupova Proceeds shalt be applied to restoration or repair of ire ftPaty, if the rar000111M of mpsk is ecomamically $esm'ble sad Lesdoes ucn&y is not kascw& Dutyng such and restandion period. Leader Shell have the r;& to boid h WiscaalMeoas Pmeceds uaW L.atder has hod An oRMUndy W ' such.Prgreety to e asare the want has bean completed to I,emdea's such mapoatten Stroll be andaWwa ? ppmmpdy. Leader may pay far die rgWn ? in a ftle dhbowameot or pp?roav?ea Payments as die wont is ounplolod. amt is node in writing or Applicable Low requh= interact to be paid ore swab M>reeimow hooaods, Leach shall not be requited to pay Bomma any interest or eae WOM ern such MiSOSOMeew Proceeds. If the restarstion or repau is teat exOmo®ieae!!y featsibk or land: aeearity WOWd be IMOPod4 a m Nbcallwaernts Proceeds shall be applied to dw sums scared by this Seci&y bosoume wbeffier or not dxn due, with the excess, if eery, paid to Bomwer. Such Miscxllaneoas Prooeada shaU be applied in the order provided for in Section 2. In the event of a total deebractien, or lose is value of the the 1rW? Proceeds char!' bepto then aamt secured by this Samity Inch mener or not then dna, with the cacaos, ' any, paid to Batmwa. In the event of a partial tekioS, destruction, or lass in value of dte Amperty in which the fair mud* value of the Prgpprty irately bafao the partial taking, deshuctiM or lose is value is aqw to or g ter daaa the Amotmt of dw sumo seauod by this Security Ihshwam t tmmediats y bofam the partial tlkin , d on, or loss is value, unless B=Dwer and Lanier Odwrwiae arc m writing, the awns secured by this Seeuei haft meat sba11 be reduced by the amount of 1ho h iaoetllao4ovs Pr ? by the fb destowfica, or Im in pw ( ? ? Waotmt of the sums sWzW ' bdm {b) tree fiat market veleta of flts itrnnodisbely?b orae ewe Partial takitrg, destruction, or to by in value. Any balance shall be ' to In the event of a lad t>ry?, deth w lion, or loss in value of the Propart?? is wbiGh The fair market value of the Pmperty ima ately berfn the jurtial taldng, de M or Ioss in value; is leis than the amount of the stems searmcd uncudidely before the p&tW W=& destruction, or loss in va* maw Borrower card Leader o6eryyisc Maxllsaoaws Proceeds shell be Applied to the sums samud. by this SWaWft r uftimeatwhedur or not the sans are tem h due. If the ProperrtY is sb=dotrod by Bormwa•, or if. After notice by Leader to Bmmwer that Opposiag Perty (mod defined is the neat smteoce) offers to make an award to settle a Claim for mapottd to Lends within, 30 days after the date the notice, is given, Lender is aedlutrized to collect and apply the Mind llauoous Proceeds either to resImsom or of the Property Or to the sorts secured by brig Security Instrument, whod?ee, or not titan dur- Party means the third party that owes Bee roar,c Miscailmeous Proceeds or the Party against w Harrower hAS a riSltt of aetiaa iris Bonwer shall be in dafank if any actide or pacendia& whedaar cirri or ak" begun that, in Lend e:r's ju,dpo? could result in 0 &:t of the is r impairment of Lender's interest in the Property or reg?tts under this Seettrtty hzkwncd y other msdeer Borrows can cure sucb a ded'aWt sad, if accolexahan has carts the eviction or ?'? reiffitate as ps+gvided is Seetioa 19, by pmmft to be dismissed with a ruling their in Lemdws ' e precluda forfeihm of the RVOCKY orb ? of Landow iaeeseest t Propaiy or rights under this pa oftds of any award or claan far damages that arc athilm able to the ib"kauetnt of L.emdees interest in the P are Wiped and shall be: paid 1D Lander. ly 11l? Cby r WMLVuw-M%bYok.,rd Mmftwrr@MwMOPO anatx MM paaq FWM3W ua *.»,rnpWW 89 1944PG28 16- All bus Proceeds that are not applied to ra tt radon or xgmir of the Property sbnll be in tine order for in Section Z 1 Igarrower Not >t'irbaaraaroe ?' Leader Not a Wshw. amnion of the timd for payment or modification of amartisaRiaa of the arms Meted by this Serenity Imgrat neat granted by I.eatder to Aomower ar any Surccessor rut Interest of Borrower shall not OpWaft to release the liability of Borrower or any Swears in h txaest of Boraawer. Lender aba 1 not be required to conmmance proc eedmp against any Sue omm m lahrest of Bommer or to nfaae to extend time foe payment or otheswW modify amortloaiion of the stuns mcun d by this Security IntRtummt by r,assort of any demand trade by tt>4 atipW Borrower e)o<'any aY . of Banower. Any fasbearaoce ?y IomW in exd+cratog arty right or witl M limitation- bender's -ace oflraymeuts front tired pahwn1, Calitim or Suocessm in Interest of Bomowcr or in amoumb leas than the amount that dire, shall not be a waiver of orpreciude the exercise of any right or remody. 13. Mat and Stsveral IdabOr, Co-slom; Ss mem send Asdpa Bored. Bonvvia covenants and agrees that Borrower's oblig *m and liabft shall be joint and eaveral. However, any Bonawer who co-sirs this Smuity InOxnent but does not tancabe the Note (a "co-signer"). (a) is reigning this 5eevtity Tnsdt>msmt soli' to 31 gnat and convey the co-signds interest in the Property unft the terms of d* Swurftf Instrumest; roj is not lily obligated pay the sums ze=d by this Seauity Ian and (c) agrees that I andar ad any odw Borrower caul agree to torbaad, modify, forbear or make any socommodatiems with regard to the terms of this Security Inantmreut or the Note without the co-sirwo consent S*"e d to the gro of Section M SUceeasar in Interest of Borrower who assumes Borrower's obIr a Under this SecurdyInskment is writing, and is approved by Lender, shall obtain all of Botrcwer°s ngla and benefits under this Security Inarummi. Borrower shall not be released from Borrowees obligaioaa and liability under Mm Security Iaatzunuau uuiess Leatdcr agrees to such release in writing. The cove naaa trod agmeama of this Sacm* InstrumAmt"bind (e[rept as provided in Section 2q) and bendk the sucemors and assigns of Lander, 14. 140 Clt qcs. I andcr my charge Borrower far for sexvie?os pafarianod in cottneetioa with Bormwefs de>yerIt, for the ptumoac of $ Leadda itrbaaaa at rho Property PICROM and rights under this Serenity lmtru neat, b4utistt& but not limtsod to, Sa maye foes, property inspection and vakMon fees. In regard to any Other fns, the absence of aaqupa authority in this ty Iastrvmesut to ? c aMM6ffi ma feeto Hotrowrer -hall rat be canatewad as a lritioa on Eciu? Scouritythe or b >e Y w. chup *a that are expressly prohr 'by this =Vng of such If the Loan is m 60 to aallaw which seta maxrnum loan charges, and that law is finally intuFewd so that the mtu:ru* or other loan cJw oo]WW orto be e ogamd in ea nowdon with the Loan gored the petmiteed limits, thou: {a say to& Ioan chap shah be deduced by the amount MeMary to reduce the charge to true permrtbed Lteit; snd CO any atmars already collected from Borrower which exceeded pormW, I ltmib will be refnatled to Bummer. I.emdet may choose to make this refund re&?Gr the princigat owed under the Notre or by maWng a d d payment to Borrower. If a reflmd rZ?w the reduction will be treated as a park upnpaymeat without any pre nyment (wh or not a charge is provided for unndder the Note). Borrowees accoptaaema of any Inch nfmd tnade4t payment to Borrower Will ccatB a waiver of any right of action Bonwm might have ansmg out of such overcbaurge_ MMKMVAML.s&.d•> >.r?wx..?s.+r?x sZ M?snmRl+! PUMS) TgMM" WK @MF"grxSP r1 Ali 1944PG2817 15. Nodm AU notices given by Borrower or Lender in connection with Mitt Secutlty Instrmment must be in wig. Any notice to Harrower in aomnetdiom with fbix Secmuy lumacaeat shall be Ammed to have been liven to Bay whim =WW by fim dm mail or when actually dalivtr+ad to BormwWs nobm addeeas if soot by other meas. Notice to any ome Borrower " comdu to notice to all Bar owm unlm Applicabk Law expreody roq)ares dasigftapod a otherwise. The notice address shall be the Ptoparty Addix= utllm Bosm a has mbstitute nadcc address by notice to Leader. Basmvtrer xb&U nntif)r Lender of Borrower's change of address. If I.emder specifies a proooduee for repar'tto? s rhmmoe of address, *m Borrower shall only report a ? of ?rdd m fto* drat specified pm OLM Thera may be omly roe dagpmed notice address usedcr dtla at ray one time. Any notice to I.eaaar"ba given by dd v r* it or by ?f" assn mail to Load ar's addoms shed hetein un[ma Bander box dasigtreted wA60 adckess notice to Borrower. Any notice in comccuon with this Seeluity Inetrwned aball not be &entod to have been given to Lender until actually received by Imda. If any notice roquaed by tlfis Secrlllty Im t is also ra p*ed atnder Applicable Luw, the Applicable LLaaw requirement will satisfy the caaxaspond' requtrt at mmW ibis secmtity bouiri t. 1b. Law; smnWk ; Baits of C7onatrtttlon This Searo Iutstarmmt shall be govemad by AmUM Law and the law of the Im am in which the Pmporty is located. Atl rights and oblagatiom contained in this Security Ina:<umoont tmc atabJoct to may mgaaamaats and I m owns of Applicable Law. a law root explicitly or umlic* allow the psrties to agree by fact or it mi Aght be =4 bat anh silence shall not ba -mortared as a prohtbition against agreement by Eck In the event that any pcovieion or clause of this Security lu umw at the Not coma!-,- wilt Applicable Law, sacb coabet d" not afied other provisions of dais Secrrity? hstrument or the Not which can be given effect without the wed in this Security Inommot (a) words of fire mmaillne gemdar shall mm and in-iude g neater wnodx or wads of the one gender; (b) words in the sioguler swill man 4md inob de the plur and vice vema; and (e) the wend -may" gives sale disc ion without any obligation to take any action. 17. Nomwer's Copy. Botrowa shall be given one copy of the Note and of this Security InstrImIt t. IL 1Yamsfer of the Property or s Bmefth Interest In Berrower. As used in this Section 18, "rebmt; in the Property" mums any IqA or bmefieW intama in the Property, iaclucHtug, but not limited to, those bmcliclal iatetxsrfx ', m, 6 re I in a band for dead, camtxact for deed. msbdbnmt sales ca aUW or escrow agreement, the intent of which is the trmsfo r of title by Borrower at a furore date to a purchaser. If aU or arty part of the NZ A or any Interext in the Property is sold or t voxfared (or if Borrowar is not a namdl person a booficW interest in Borrower is aokl or tra mbned) v pp?riiof wtsttetn -ortseat, Low fury require pa f au of AU mm secured by Us SoCtgity Imhutmtu However, fts option be exercised by such alter-ice i8 p[obbited by Applicable Law. If Lander Crelti m this pft Leader shall give Borrower notice of a ction. The notice el" provide a period o not less theta 30 dar f am the date the notice is given in accordance with Section 15 within which Borrower mint pay all sums m xmvd by this Rmmty Insawnc t. If Boavwcr frill to974 a- nmrs prior to to z9axtiou of this peti-d, Leader way urvolrc any rtraediea permitted Security Inshumemt with ut fmrt m notice or demand on Dorrowor. lrzmmyLv.mA-ass Pmamt .mbxw or..++b mm vmwamM manmURNr QmWW) %WMI M Ln 4%,..,:4r1l,i.W BH t 944PG2818 V4•ILV01 r l Will- From: unknown Page: 31/44 Date: 8/29/2007 4:31:50 PM 11U1r-LJ-LUVI I-LIV r.VI L/ULV r-IJO 19. Borrower's Rfght to Mutate Aber Acevi raf & If Borrower meets ceruk condition, Borrower Shall have the ri to htrve adotoomoat of fhis amity hatrumnent discotctraaed at any time prior to the ustCLiest ai: (a) Sue ? ba5at+e sage of due to may ?pwcr of We contained in this Secncity ltastt mtoat; (b) Such othoot pe iodk hicab Law magLt 9MU for due termination of UomMW# right to reiaotate; or (c) erstty of s enforcing flue Security hwounsat Tbae conditions are do Borrower: (a) Laxder- AjrM e which then would be due under this Breathy Instr t mad flue Note as A "o aeoelemb u had oocurrcd; (b) carts any default of my other coveaft or agmemaank (c) pays all mcpeusds mcurrcd in enforcing this Scouft Iaahrom - `dby& but not limited to, r+eaenmble affinnew fees property mupwdca and vakWon foes, and other i mmed for the pmpaa of Laadcr'a interest in. the Property and rights tmdar this Secrrid ? halroment mod (d) action Ss zRSder may remseoably require to asttm+e that L eQdes'a raRaroat in the Ps pasty and rights under this Security butrnmart% sad Botrowee"s to pay the StmeS secured this Security Inffk=mt, ehSII owe umeh?aged. =tummy ragrae that Bowo ww pity such mbstatetnent sums and expmsaa in one or mare of the faliowiua forram, sin wlecoed by La ndw. (a) cash; (b) money order; (c) oeadW rwk beck check, townes check or cadees eback; provided,my stub chock is drawn upon an iostitudon whose deposits = hwAred by it Mend -..:... _ %a? 'nafer.- Upm remamtaamtt by B ??er, this S0mabOy ?? lni?ot and %oliligatictts secu and haDby"m6m My !l lie as if no aeexleratilon ow=e& However, 8sia right to rt inotalc SW watt Reply m the case of acmile ion under Section 18. 20.5de of Noa q Chap of Loll Setvlit:, Node@ of Gt! levatace. The Note or a partial interest in the Note (Ugether with this Security Instrtunaat can be sold we or mart b witltoot prior notice to Borrower. A sale might reu t in a teLapnge in the entity (known as the "Loan Servicer") that aollccb Pariodic Payment: duo under the Nam and this Security Inatru nest and performs other mat pp lose aotviCigg obli?rticuos tender the Nom this Sacerity Insert, and Ap le Law. Thaao also milt bo Aqe or mono dwqp of the Lam Saviour maim aed to a sale of the Note. if there is a cLSrtge of the Loma.Secvim Barrow will be $ m wd#m notice of the dmSe which wall state the nwe and addre s of the uew Law Swim, the ad&= to which payments should be made and any other k6mmliom RBSPA regatta in connadiou with it notice of Mwshr of servicing. If the Note is sold mad drag the Loan is servioed by a Loan Servitor other Bum tiu purebmar of the Note, the 01 rte loan servicing dagahans to Borrower will reman with the Imn Sa vicer or be trmmli nw tv a swcc mor Loam Servicer mud an not asawnod by tho Note purchaser colas od wise pruividod by lbo Note pt1ldww. Neither Borrower nor Luutdec may iommance, ' or be joined to any action (as either an nukivid&W lidput or The member of a 18as? admen kom theoMw Ws octim pursuant to tis h Secunty lostrum W or thmt alleges taut the add pally im brumbeid may provision 14 or my duty awed by reason 4 t1tiS Security buttumeat, trod/ owA Ekszower or >reodar has notified the other pity with such notion Sivas m with the regoiretpstuta of Section 15) of such miteged bzr NO a&t&d the other Py ltesato it reaoambb per iod saw the I;K* of such notice to take cortective actim If App" Le Law petrvides it tiros period which must elapse before cxrtain actions can be taken that time period wr7l be defined to be rtesombme for purposes of this paragraph. TU notice of Moda ndai and oppaslrarity to came given to Borrower putweat to Section 22 and the notice of mrederatim givoa to Dom wer pursuant to Section 18 shall be deemed tD satisfy the notice and opportunity b bko coaectivo action provisions of thus Section 20. PVaUMV•wA-2h4 -FmWb_WawWmMft r&fAm r..aamawtrsrasMMt AQaltl Faarad! Nt 0mWll4f>t6rW,l BK 1944PG28 19 This fax was received by GFI FAXmaker fax server. For more information, visit. http://".gfi.com 21. Hazardous Substances. As used in this See icat 21: (a) "Hazardous Substances" are tisane =bstances defined as twee or b&=datta atancas, pot waft, or wasft by Frtvirammental Law and the follaM wV subst=. ? Ire maeste, other fl?ble or toxic petro a insets ' t6mic >? ? and volaft solvents, a mills asbafts or thimaliMyde, and radiosethm materials; (b) "gnvhueam ml Law" meoaas hderg laws and laws of tfta )misdiction when the is boated flat waft to ?, aft or eavironme?l Protection; (c) "Lavironmemd ,?ineludoa action, or removal action, as defined in Envk=ne uW ISM and ( as Tzvh=mmw Condition means a condition that can mac, cowninne to, or Clamp, Borrower sball not cause or permst rho pr sauce, usc, storage, or release of any Hautdous Subom, or threaten to reslease any Haardon =xs, on or in the property. Borrower shall not da, nor allow anyone else to do, agY&bg affocting rho Propmty (a) that is in violation of ary Ea vi unmental Law, (b) which craft an dal Condition, or (c) which, due to the pronto, use, or release of a Hawdous Subsemee, eroator a condition that admuly affects the vduo of the Property. The pea" two sentmes shall not sp* to the presences, use, cur d=ge on the Ptnpaaty of small guoWes of Hazyadmu Subsumm that am generally recognized to be to normal residential uses and as maintensnx of ttte Pwpertyyw mch Wiggg but not y?hazasdoua mftbvam in -mm products). Won gi Lemeiar arritten notice of (a) any investigation, claim, demand, 1.__ -fit or niter action by any gove?gega a! or roguLtory any or and any H rdo s Subdwe or Bnvi dmxnal Low of wh h Boubwcrr (b) any Envirntmmial Cowlaitiat, Wh abut not timW to, any spillw$, teulgn&, dtsc6argc, releau+ or !]treat of please of soy Subedmoe, and (c) any condition cauW by the presence, use or release of a. FIa abus SW* me which advmaely d kb the value of die Property. If Burrower hams, or is notified by any gov l or regulatory authority, or any pnvaic party, that spy removal or odw remodb ion of any Hm wdous Substance affwti ag the Propertty is " aoeeaaary, Boaowrr ehali pp yy take aIl necessary remedial actions in accm*ex wilt EnvowneoW Law. Nothing havin acate any obligation on Lender for an Envirunmamtal Cksmtp. NON-UNIFORM COVENANTS. Borrower and Leader further covenant and agree aS follows: 21 Acesler Mm; Remedies. Leader stall give notice to Borrower prior to acederad" folla~* Borrowar'a breesb ofas? Ga? i?a?nt or agreaaest in tilts SwLity IssUmseut (brit sot ppd?or to scaderstdon sa?el<ar ws-dus 10 -miss- Appfkabb Law provides otlkerwise). Lender sbal lorlow" of, efyer diaptt (_) the dsadwlt; (b) the action required to care the t (e) wyem the id t nput be mrod; sad (e) 09 ikre to can the dataa& as spedfW stay ramdt in med*211611 of flee noon aee?ed by rich Same* Instrument, foredum by Jumd prateeita; and sold arf rye ft"rty. Larder dum farther Informs Borrower of lire rlht to retu? ss= seederafta sad the d& to assert in flee foreclosure promdha the of a dd aft or suq e1Mr ielwrae of ]sorrows' to acceleration and forpiaum If rye dadaatt b met cnreddap del, congy its opts tuts x+egtdse bstttadtste ptpinaut In fall oft ill saoss butrameat wl ant farther demaatd salt my 1Pa+ dm ebb $rntify ImstrwssaEmb by " 0-8 p?bPr Lender shall be cadged to edbd ad iltewn d in by the remedies provided to this Seedon 22, b+ k4bk& but met to, ataoraedya' of tide evidence to the atemt pdrmttted by Appliabid Laws. ? 'Q1t1.YAMMa7Nl??,ails'?1.V.Nr7?MA?Ma1N?tld?1[rt1RROf?',l' 96MW Tww3m 2ht Oplliyhs, 1r, B(.! 944PG2820 hurt-La-LYYI uu.IJNm n Will- From. unknown Page: 33144 Date: 8/29/2007 4:31:50 PM I-LIV r.Yl4/VLV r-IJa 23. Rda m L4= payrow of all mcumd by this So=* Inabummt, " Security hotrunu mt and the estate shall t ambe= o void. Amer sub occLleum, Under Shall disCbarge audthii b1hM mdk grower shallpry any ra?ordsdon coca. Lander may age Borrower a fee :fdbo6.r,,rgd . No Becuuily if the fix is paid to a ft?iid party for sad Charging of dw ft is permitted under Applicabk Law. 24. WaIwm Borrower, to the exW pettAftd by Andmble Law, wain and rdeases amy error or defwb in pmc eedmV to eaf m this Security Inttnmsent, red hft*y waives the benefit of my present or form laws providing for Stay of exeaatiom, extension of time, C"Wition from attachment, levy od sale, and bomatud ==pdom ZS. Rdtf ofto nt PerimL Bormwcda time to rdnatoo provided in Secant 19 shall extend to one hour prier to the co np imcaa ed of bidding at a aka 64C or other Babb pzasvant to this Seotuily butr ame nt. 2C Pmvbm NWw Morlpsi& If any ofthe debt mamd by dais Security Instrimmt is knt to Borrower tD acquire title t6 prgpetty, ft Seeudty InStr =w shall be a pu=bm money 27. Werat Rage Attar Judrust. Borrower agrees that the interest rate payr<ble after a judgment is entered on the Now or in an action of morgW forCCloa m shall be the tame payablc from tithe to time under the Note. MMGr LVAMA_fi6*F.Mk_F"MkWM R"I&MWvmxO VWI&VW r UM M Bit 1944PG282 F 1MUMN IM ONI?IS{lip..r, This fax was received by GFI FAXmaker fax server. For more information, visit http:l/www,gfi_com 'bill ty bdr mea and in any Rider VWmAed by Borrower acid nmon%d with it. Witnesses: Nathan J -Borrower Seal -BOnnwer Seal -Borrowcr Seal -Borrower (Space ANbw Thin For r?cicrowcj STATE OIL PENNSYLVANIA, County is : On this 13th day of March , 2006, b&m 'die a NoWy Public in and for said ?h+, pezaonslly ePpeared Nathan J Saitfa and ? the msManent ? Qe recorded WUMS my hand and omdal nw. In Cumberla -? ?ct?c?tti, FAA MY commission Expires: 17 p r " Y w!? T?iw+r ' ? ? Yw?r, 1?,Ar?rf? MOtiMan d IIIIF4r YLYwIq?67yyp Mli(wl?1 JI4e11[ flII?ri01?NT Onal) Form" IAt OWI#Wlf~ OX i 9.44PG2822 L Mahn Rachiole, do hatby caufy V* the Wm a eddrm of the within named Mottpow is 681 Aadcam Drive, Bldg 6 / Smite * Pllbbmrg, PA 1=9. w-,iaess m3? land this day of , 2006. For Mcx%gci: OXI944PG2823 L ,yMMT IT MAN L3"L IDRSC i.f T# XCN JILL that certain lot of ground with a frame dwelling house and other improvements thereon erected, situate on the Neat olde of South Penn Street in the Borough of Shippeneburg, Cumberland County, Pennsylvania, bounded and described as follows: On the Bast by South Penn Street; on the North by lot formerly of john L. Barnet and now or formerly of John GutshalI; on the West by lands now or formerly of the valley Baking Company, formerly a part hereof; and on the South by property formerly of the estate of Anna E. oeeiger and nov or formerly of George X. Kohler and Fannie N. Kohler, his wife, the said lot containing a frontage on South Perm Street of 40 feet and extending In depth to land now or formerly of the Valley Baki.ngr Company 136 feet 6 inches, more or less. Tax ID# 33-34-3415-051 UK-1 FIXED RATE STEPPED PAYMENT NOTE THIS NOTE CONTAINS PROVISIONSiWHICH WILL INCREANE MY MONTHLY PAYMENT March 13th, 2006 Shippensburg PA [Date] [City] [State] 202 South Penn Street, Shippensburg, PA 17257 (Property Address] 1. BORROWER'S PROMISE TO PAY in return for a loan that I have received, I promise to pay U.S. $ 69,600.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is Fidelity Mortgage. I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The bender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 11.190%. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by malting a payment every month. I will make my monthly payment on the 01 day of each month beginning on May 01, 2006. I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date, and if the payment includes both principal and interest it will be applied to interest before Principal. If, on April 1 st, 2036, I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will snake my monthly payments at 681 Anderson Drive Building 6 Suite 600 Pittsburgh, PA 15220or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $656.65 for the first 120 months of this Note, and thereafter will be in the amount of U.S. $709.93. The Note Holder will notify me prior to the date of a change in the amount o f my monthly payment. 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if l have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date of my monthly payment unless the Note Holder agrees in writing to those changes. However, if any partial Prepayment is made prior to the time of the payment change in Section 3(B) above, at the time of the payment change, the Note Holder wi ll determine the amount of the monthly payment that would be sufficient to repay the unpaid principal in ful I on the Maturity Date at the interest rate set forth in Section 2 in substantially equal payments. A partial Prepayment made prior to the time of the payment change in Section 3(B) above will result in a decrease in the amount of my monthly payments due after the time of the payment change in Section 3(B) above. If the partial Prepayment is made after the time of the payment change in Section 3(B) above, the amount of my monthly payment will not decrease; however, the principal and interest required under this Note will be paid prior to the Maturity Date. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge'to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded tome. The Nbte Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 021281 Page I of 3 CERTIFIED QRIGINAA - HIA (,00' Darryl W. Kinu ,jn44 1( io 11 f )1 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the fall amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5% of my overdue payment of interest and/or principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and al I the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorney's fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class nail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE • If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. to. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which 1 make in this Note. That Security Instrument describes how and under what conditions;l may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Lender may require immediate payment in full of all. Sums Secured by this Security Instrument if all or any part of the Property, or if any right in the Property, is sold or transferred without Lender's prior written permission. If Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred without Lender's prior written permission, Lender also may require immediate payment in full. However, this option shall not be exercised by Lender if such cxercise is prohibited by Applicable Law. If Lender requires immediate payment in full under this Section 18, Lender will give me a notice which states this requirement, The notice will give me at least 30 days to make the required payment. The 30-day period will begin on the date the notice is given to me in the manner required by Section 15 of this Security Instrument. If I do not make the required payment during that period, Lender may act to enforce its rights under this Security Instrument without giving me any further notice or demand for payment. C2I291 Page 2 or3 CERTIFIED ORIGINAL M[JE Marry] W King WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. Seal -Borrower Seal -Borrower Seal Borrower Seal -Borrower [Sign Original Only] C21281 Page 3 of 3 CERTIFIED t RIGINAt RUB ;("OP' Dirryl VV. Kinc, D.,e12?12 Nathan J. Serino 202 South Penn Street Shippensburg, PA 17257 7007 0220 0001 6823 3849 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This notice explains how the program works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The _name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (persons with impaired hearing can call (717) 780-1869) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. F-.00MA11 1 )-0/% 1,C I' ». HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: Nominee for Fidelity Mortgage CURRENT LENDER/SERVICER: LAW FIRM FILE NO.: Nathan J. Serino 202 South Penn Street, Shippensburg, PA 17257 103054649 Mortgage Electronic Registration Systems, Inc., as Ocwen Loan Servicing, LLC 07-30208 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 PROVISION OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOU DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS.IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. 11 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 have 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 yot! have met the time regmrcn" cro ent forth above Y^„ 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. f you have filed bankru tc , you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT Bring it up to date) NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 202 South Penn Street, Shippensburg, PA 17257 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: June 1, 2007 to December 1, 2007 @ $656.65 = $4,596.55 Other charges (explain/itemize): Late Charges: June 16, 2007 to November 16, 2007 @ _ 32.83 $196.98 Pre-Default Late Charges: _ $328.30 Suspense Credit to Borrower: Appraisal Fees: Inspection Fees: ($243.35) $222.00 $31.50 TOTAL AMOUNT PAST DUE: _ $5,131.98 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $5,131.98, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent to: Ocwen Loan Servicing, LLC Cashiering Department 12650 Ingenuity Drive Orlando, FL 32826 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortzau 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 creditor 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 attorney's fees A4 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 paying the total amount then past due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure 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. 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 lender. If money is due, such payment must be in cash, cashier's check, certified check or money order made payable to the lender at the address set forth above. HOW TO CONTACT THE LENDER: Name of Lender: C/O The Law Firm of Shapiro and Kreisman Address: 3600 Horizon Drive, Suite 150, King of Prussia, PA 19406 Phone number: (610) 278-6800 Fax number: (610) 278-9980 Contact person: Ilana Zion, Esguire 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 X may or _ 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. 4 r YOU 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 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 (Fill in a list of all Counseling Agencies listed in Appendix C, FOR THE COUNTY in which the property is located, using additional pages if necessary). Of HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Acorn Housing 14 S. 13th Street Harrisburg, PA 17104 717.213.0150 Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 4w VEPJFTCTCON [lava Zion, Esquire hereby states that she is the that she is authorized to he Attorney for the plaintiff in this make this Verification as the Pla Jrlrisdiction of the Coup and Plaintiff's venficati intiff Is outside the on could not be obtained within the time necessary to file this Pleading, and that the statements made in the foregoing Complaint in Mortgage Foreclosure are true and correct to and belief the best of her knowledge Information The undersigned understands that this statement herein is made subec Penalties of 18 Pa.C.S. Sec. 4904 relatin 1 t to the g to unsworn falsification to authorities- SHA,PJRO & "E[S(KAR LLC 6 Y: ]'/ q//U1j - I(ana Zio , Es Dated `? Atto ire mey fo - P( miff ""? CLA 1 r, _` CASE NO: 2008-02392 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC BANK USA NATIONAL ASSOC VS SERINO NATHAN J ET AL SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SERINO NATHAN J AKA NATHAN SERINO the DEFENDANT , at 1847:00 HOURS, on the 18th day of April , 2008 at 202 SOUTH PENN STREET SHIPPENSBURG, PA 17257 CECE SERINO, WIFE 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 Service Affidavit Surcharge q/2 ik b c 18.00 20.00 .00 10.00 .00 48.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 04/23/2008 SHAPIRO & KRE By: epu Sheriff of A. D. I A. , SHERIFF'S RETURN - REGULAR CASE NO: 2008-02392 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC BANK USA NATIONAL ASSOC VS SERINO NATHAN J ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon OCCUPANT the DEFENDANT , at 1847:00 HOURS, on the 18th day of April 2008 at 202 SOUTH PENN STREET SHIPPENSBURG, PA 17257 by handing to CECE SERINO a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 00 10.00 R. Thomas Kline .00 16.00 04/23/2008 SHAPIRO 1, K7rk% Sworn and Subscibed to By: before me this day of , A.D. 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. 07-30208 HSBC Bank USA, N.A., as Trustee for the registered holders of Renaissance Home Equity Loan Trust 2006-1 Ocwen Federal Bank c/o Ocwen Federal Bank FSB 1675 Palm Beach Blvd. West Palm Beach, FL 33401 PLAINTIFF VS. Nathan J. Serino aka Nathan Serino DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO:08-2392 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: JAW_ P4- Ilana Zion, Esqui Attorneys for Pl ' iff 1 HSBC Bank USA, N.A., as Trustee for the registered holders of Renaissance Home Equity Loan Trust 2006-1 v. Nathan J. Serino aka Nathan Serino VERIFICATION The undersigned is Foreclosure Facilitator of Ocwen Loan Servicing, LLC on behalf of HSBC Bank USA, N.A., as Trustee for the registered holders of Renaissance Home Equity Loan Trust 2006-1 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, N.A., as Trustee for the registered holders of Renaiss ce Home F.Qj4ity Loan Trust 2006-1 Date: "APR 1 6 7006 ame: Anna V. Ji Title: US Forecl Company: HSB? Facilitator k USA, N.A. Loan: 103054649 07-30208 C ID 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. 07-30208 HSBC Bank USA, N.A., as Trustee for the registered holders of Renaissance Home Equity Loan Trust 2006-1 PLAINTIFF VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 08-2392 Nathan J. Serino aka Nathan Serino DEFENDANT(S) PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter SETTLED, DISCONTINUED AND ENDED, without prejudice. SHAPIRO & DENARDO, LLC BY: &001 Ilana Zion, Esquire Attorney for Plainti DATED: • I I, CERTIFICATE OF SERVICE I, Ilana Zion, Esquire, hereby certify that on I served a true and correct copy of the within Praecipe to Settle, Discontinue and End upon the following parties via first class mail, postage prepaid: Nathan J. Serino aka Nathan Serino 202 South Penn Street Shippenburgs, PA 17257 SHAPIRO & DENARDO, LLC BY: Ilana Zion, Esquire Attorney for Plaintiff