HomeMy WebLinkAbout08-2536Pluese, Becker & Saltzman, LLC
Robert F. Thomas, Esquire
Attorney Identification No.: 70206
20000 Horizon Way, Ste 900
Mt. Laurel, NJ 08054
(856) 813-1700
Attorneys for Plaintiff
FRANKLIN CREDIT MANAGEMENT
CORPORATION
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff,
V.
NATASCHA THOMAS (RECORD
OWNER AND MORTGAGOR) AND
JAMES THOMAS (MORTGAGOR ONLY)
Defendants.
CIVIL ACTION
COMPLAINT IN MORTGAGE FORECLOSURE
NOTICE
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE
CLAIMS SET FORTH N THE FOLLOWING PAGES, YOU MUST TAKE ACTION
WITHIN TWENT Y (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE
SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY
ATTORNEY AND FILING THE WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED
THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A
JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT
FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR
ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY
LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
1/800-990-9108
NOTICIA
LEHANDEMANDADOAUSTEDENLACORTE SIUSTEDQUIEREDEFENDERSE
DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGBJAS SIGUIENTES, USTED
TIENE (20) DIAS DE PLAZO A PARTIR DE LA FECHA DE LA DEMANDA Y LA
NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA 0 EN
PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE SUS DEFENSAS 0 SUS
OBJECIONES A LAS DEMANDAS ENCONTRA DE SU PERSONA SEA AVISADO
QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDMAS Y PUEDE
ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO 0 NOTIFICACION O
POR CUALQIER QUEJA 0 ALIVIO QUE ESPEDIDO EN LA PETICION DE
DEMANDA. USTED PUEDE PERDER DINERO, SUS PROPIEDADES 0 OTROS
DERECHOS IMPORTANTES PARA USTED
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE
ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA.
ESTA OFICIANA PUEDE PROVEER DE USTED LA INFORMACION SOBRE
EMPLEAR A UN ABOGADO.
SI USTED NO PUEDE PERMITIRSE A LA IRA DE H A LA CAPA, ESTA OFICINA
PUEDE PODER PROVEER DE USTED LA INFORMACION SOBRE LAS
AGENCIAS QUE PUEDEN OFRECER SERVICIOS 1URIDICOS A LAS
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
1/800-990-9108
CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE
The Plaintiff, Franklin Credit Management Corporation is a corporation
having been organized under the laws of the United States of America and having its principal place
of business at 101 Hudson Street, 25`h Floor, Jersey City, NJ 07302.
2. (a) Defendants, Natascha Thomas (mortgagor and record owner) and James
Thomas (mortgagor only) are individuals whose last known address is 332 Roxbury Road, Newville,
PA 17241
(b) Defendant, Natascha Thomas holds an interest in the subject property as mortgagor
and record owner. Defendant, James Thomas holds an interest in the subject property as mortgagor
only.
(c) If any of the above named Defendants are deceased, this action shall proceed
against the deceased Defendant's heirs, assigns, successors, administrators, personal representatives
and/or executors through their estate whether the estate is probated.
3. (a) The subject mortgage (the "Mortgage") is described as follows:
Mortgage executed on: August 4, 2006
Mortgage recorded: August 14, 2006 in Mortgage Book 1962, page 1579
Mortgage re-recorded: December 11, 2006 in Mortgage Book 1975 page 4296
County of: Cumberland
See Exhibit "A," Note and Mortgage.
(b) The Mortgage encumbers property (the "Subject Property") located at: 332
Roxbury Road, Newville, PA 17241.
(c) The "legal" description of the Subject Property, expressed in metes and
bounds, is incorporated in the Mortgage. See Exhibit "A," Mortgage.
4. The requisite pre-foreclosure Combined "Act" Notice has been sent to the
Defendant(s) by regular and certified mail as required by 35 P.S. § I680.403c on the date(s) set forth
in the true and correct copy of such notice(s) attached hereto as Exhibit "B".
5. The Mortgage is in default (the "Default") because the Defendant(s) failed to
timely tender the monthly payment of $891.53 due and/or to be applied to the payment due May 1,
2007 (the "Default Date"), and thereafter failed to make the monthly payments.
6. Pursuant to the terms of the Mortgage, the secured loan obligation has been
accelerated.
7. By reason of the foregoing Default, Plaintiff respectfully requests entry of judgment
in rem incorporating the following sums:
(a) Outstanding Principal Balance $99,348.93
(b) Interest due and owing at the
rate of 8.30% calculated from the Default
Date through April 4, 2008.
Interest will continue to accrue at the per diem rate of
$22.59 through the date of entry of Judgment in rem. $8,291.10
(c) Attorneys' fees $1,250.00
(d) Escrow Advance Balance $242.66
(e) Title Search $333.00
(f) BPO/Inspection/Property Preservation $95.00
(g) Release Fee $25.00
(h) Available/Unapplied Funds -$40.43
(i) Late Charge Balance $264.18
(j) Delinquent Real Estate Taxes Paid For $1,336.20
By Plaintiff
TOTAL IN REM JUDGMENT SOUGHT BY PLAINTIFF $111,145.64
8. 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
Sheriff's Sale. If the Mortgage is reinstated or satisfied prior to the Sale, reasonable attorneys'
fees will be charged.
WHEREFORE, the Plaintiff demands:
Entry of Judgment in rem against the Defendants above named in the total amount of $111,145.64
as stated at Paragraph 6, plus all additional interest, additional escrow advances expended, additional
late charges and any other costs incurred through the date of entry of Judgment; and
Foreclosure of the mortgagors' equity of redemption and that of any persons or entities holding or
claiming under them and Sheriffs Sale of the subject mortgaged property.
Respectfully Submitted,
Pluese, Becker & Salt LC.
By:
Robe F. Thomas, Esquire
Attorney for Plaintiff
NOTICE REQUIRED BY THE
FAIR DEBT COLLECTION
PRACTICES ACT, (the act),
15 U.S.C. SECTION 1601 AS AMENDED
To the extent the act may apply, please be advised of the following:
1. The amount of the original debt is stated in paragraph one of the Complaint attached hereto.
2. The Plaintiff who is named in the attached Notice to Plead and Complaint is the Creditor to
whom the debt is owed.
3. The debt described in the Complaint attached hereto and evidenced by the copy of the
mortgage/note will be assumed to be valid by the Creditor's law firm, unless the Debtor(s), within
thirty days after receipt of this notice, disputes, in writing, the validity of-the debt or some portion
thereof.
4. If the Debtor notifies the Creditor's law firm in writing within thirty days of the receipt of this
notice that the debt or any portion thereof is disputed, the Creditor's law firm will obtain verification
of the debt and a copy of the verification will be mailed to the Debtor by the Creditor's law firm.
5. If the Creditor who is named as Plaintiff in the attached Notice to Plead and Complaint is not the
original creditor, and if the Debtor makes written request to the Creditor's law firm within twenty
(20) days from the receipt of this Notice, the name and address of the original Creditor will be
mailed to the Debtor by the Creditor's law firm.
6. Written request should be addressed to Pluese, Becker & Saltzman, LLC 20000 Horizon Way
Suite 900 Mt Laurel, New Jersey 08054.. Attention: Rob Saltzman, Esquire
VERIFICATION
The undersigned, an authorized representative for Franklin Credit Management Corporation, the
instant Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint in Mortgage
Foreclosure are taken from the records maintained by the Plaintiff and reviewed by the
undersigned who has personal knowledge and access to the business records of the Mortgage
held by the 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 18 Pa C.S.A. 4904 RELATING TO UNSWORN FALSIFICATION TO
AUTHORITIES.
DATE: \?'® 16 BY:
Nam
Title:
Loan No. 2375082
(Page 3 of 67)
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CERTIFIED TRUE COPY
P qwW By:
Donald Salbreath
500 Forest Point Circle.
Charlotte, NC 28273
(704)665.3I24
debars To: = r
EquiFirst Coryoration
Attn: Collatoral N y' »
500 Forest Point Circ1F
Charlotte. NC 28273 t-..,,,4
(800)272.3417
Paved Number.
Prenlisee:332 Roxbury Road,
Newville, PA 17241
laaau Abs" 71ttr Lift PW Rererera ma W
MORTGAGE
DBAiNmom MIN 100200100100598717
words mead in =W$We sections of ft doamuot are defined below and odor word: sm deRmed Is
Sectkus 3. 11. 13. 18. 20 and 21. Carada rules reprdiing dw usage of words used in ibis doatmed are
abto provided in Secdon 16.
(M 'Saatetty lmatsakumt' mnes this dommun. which is Laud August 4. 2006 ,
toplber whfi all Ridum to this documem.
(B) "DOarewar" Is Natatcha Thomas and James Thomas, rife and husband
Borrower ifthe wmpW under this SacWk IMttl MM.
(C) 'M=r is Motspp Bleemanie Registntion SyMm. I= MFRS is a SWUM mporadon mat Is
9cde8 $olely as a Sondave (Or 1.MW tad Lender's summ m and males. MW Is she Merippe
®der tbla Seenrity 1Mtrm uzL ME= is apidn d and exWet under the Iwa of Delaware, and baa as
ed I and talepheme mm w orP.(). Box 2016. Plhn W 48501-2026, tel. (IN) MMM.
1005487
FM MVLVMIA . SkVb Flunky . FannM MftA4ndi M. UNlOmae MrRIMWt Writs Mara
db-AIWAInnem Fs. 30M 1101
1? t ? N W40ft PAL
YM/ MAP aN?MK ? 1e001tf
,i ^ ,,
(page 4 of 67)
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MVL4mmW s EgvlFirst Corporation
lwmderha Corporation
organised and esisthtg under the lawn of North Carolina
Ldmder'saddmais 500 Forest Point Circle, Charlotte, NC 28273
(P.1 "Nee" means the promiamory none signed by Borrower and dated August 4, 2006
The NOW sutca*MDorrpwrorowuLaftrone hundred thoYStnd and 00/100
Ddian
(U.S. 5100. coo . 00 ) plus intetost. Borrower hat promised to pay this dtht in regular periodic
Paymm a rd lopay the debt fa fuli not Ittar uro August 1. 2036
(7) "Pnmperty" mean the property to is dewribod below under the hoadug 'Tnmfa of RISW in the
Property."
(G) "1.umm" means the debt evidenced by the Note, phu immem, any prepsymen rdt W and lane charges
dae order the Nate, and aB mat due wader this Security Imtrtmmol, plus inteamt.
(M "RidW mere all Ridots to dus Security Inaowom drat are vocuted by Borrower. The following
Rides are to be ancoted by Borrower [Meek bme a spplinbla):
Aglusable Rate Rift Cmdominiao Rider Second Home Rider
Balloon Rider Ploused Unit Development Rider 1-4 Family Rider
VA Rider [[[??? BtwaWy Psymect Rider ? tldtUM lvedW
ARK Floor/ Prepay Rider
M "Appikable Las." moms a>f t mnaliitti applicable fedeeal, tram tad local Itftuem, rallR lam
ordimaooea and admhaisnadve cola sad omdets (that have the effect of law) a well as aB applicable fimal,
mdb =cIvPIiM:l um. pees, mad Ammmuments" meatm all dam fees, aam memf and oilier
chaj a dot ire imtposed on Borrower or the Property by a condoatiaimi m oodadon, hemeowmes
association or ahmiiar arplmdion.
(IQ 10mchvele Rader Tremefte mean any uaafer of funds, MIMS them a tatssedoa ortgieatcd by
Week. draft, or simdlar paper irmbtmaeme, which is initiated dmmo as elemonic 0etmimal. higdkoeic
iRaetoumt. computer, Of tmgnrtic cope so as te order. Immuct, or sodlorim a financial instindoo to debit
Of credit an amount. Sack term inctoda, but is not limited to, poker-ofKale uoaft , vA*mmW taller
macbi ra arm uctions, nufm initiated by telephone. wire nrufem, and automated clearinghouse
&Mk
0 "iaotrow %Mm mass dgse items that ate deacutbed in Section 3.
(NO "MhOlUmmeme Precmeda" mum fay canpaumi im. witldmeed. aWmd of dosage!, of pr p? paid
by smy thild potty (olber dam imurum proceeds paid coder the oovemges described In Sermon S) der: (i)
cheap to, or dtmWdfoe of. the Plopetty; (ii) condenmttion or tuber slung of all or any pmt of der
Plop a(HI) contoyanoc on lim of eoodca matitm: or (tv) mWepreseacAtiom of, or omhdmw as to. the
Value andim
Property.
pe "mwq p hhaWfanee" touts imRance promeft feeder MOW the molpaymesa Of. OF dd rA on,
The LOORIM.
0 "Trundle Payment" mm u the mpululy sabedm)ed ammo dee doe (1) principal and imtmK miler the
Note, plum (ii) any i moman trader Seaton 3 of this Samarky Instnrment.
1005087
4%4AVAe sons war.
?. s w u / Fuw 3030 1Jp1
(Page S of 67)
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'RMA' mews tM Rail Earn Settlem a Prowderve Act (12 U.B.C. Sadw 2601 a NO end is
N6 Adm. Roptladon X (24 C.F.R. Part 3MM. m they reltht be ahnr<mded Ohm dm m
fore, 03 goy addidmW or smom a letlslrtien at t @ I -ioa floe govem die came a kite muter. As wed
k this 3wi t r h memea 'BUPA' refers to s0 rogWmms0a and MOW= 00 an imposed In roped
to a related mx r4 a Ices' ewes if the tam does rot qualify as a 'Eede+t0y related mwVV
loan' trader RESPA.
(Q) "Succa r to bdww of llorrvtreP" mans any party dw has Whoa dde to the Prop". whad w or
not that parry has asehwaed Ummer's obliptiora nadir the Note sWor this Security IattrasoerR
TRANSFU OF RIGHTS IN THE FROMMY
This Security In rwism somm to Lender. (1) the rtMmept of the Lam, end all rowwala. au mkm and
oadlfintism of the Nose; and (ii) the pvforahrrroe of lorrower'a earonerhu and ?eeeweets order fhb
Secerity kwzvmettt and tie Nose. For this p wpon. Borrower does hereby mmipp, Vw sad convey to
MRS (solely as nowisee far Leader and Larder's am mom and assim) red to the snocawoa amt
mfr a of bM the fdi0wft d9Awib0d property lenmd io the County ihtx of tt.r%*%Jahdit4al
of Costberl and ph-afRueragjwidaiaex
See Attached Exhibit A
°Auchcrrma11Ybasthe addrewof 332 Roxbury Rood
laaa+l
Mewville [taarh.Penmylvada 17241 [zip caw
('Property Addeestl):
TOGEPHst w1TH dl tiro itnprovemenhn am er haaRar erected m the property, aid an
afe netro. r trtnteoaes, and furor= new or hereafter a Part of the All rWww aft and
addition sba11 she be ar?emd by olio Smvity Inwitment. All of the is referred to is tl_da
yawlry Io?Nnmseot >i ire `Property ' Borrowv trsderatttleds ad +p bdda only 1w tide
ee tie faeeaa imMad by Borrower is this Seewitr lowm =4 but, if neca fry to complyy wilbb iew a
aratao, Fd6RS (as nooOW for leader and Landw a waxsaots and seers?4mhr) has the rk&: to ameue soy
or e0 of oboe Wora m. ineludfql, but not limbed to, the rW to ftwecfow and sell the pro"- and to
tdW MW action 1"111101 of Lander incWig. but act limbed to, relenting and anoelist8 this Security
1005987
® eAlrAiwreu r:erhe
_7 rqa« is l tam 3m 1101
(Page 6 of 67)
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BORROWER COVENANTS that Borrower i3 lawfully seised of The add hereby c mmyed sad has
the right a rnortyaye, grant and convey the Property and Ib U the Property Is w bmod, totoepl for
asrcaatbrartoes of record. Borrower warrants ard will defend geranily the dde to the properly adult all
claims and demands, sobjw to cony enanobraaoes of record.
THIS SECURITY INSTRUMENT commU tes uniform covenants for national we and ooruditm
covenants with 11mlmd variations by jurisdiction to coeetiono a uniform security lastrum eot cover Llf reel
proPuty.
UNIFORM COVENANTS. Borrower and Lender cove now ad agree as follows
L. l;ymaal of Principal, Ister1 -, lea" lsessa, Ptepsymettt (harps, and Lie CbWPL
Borrower sto11 pay what date the principal of, and interest on, due debt ovWcaced by the Note and any
prepsystumm chargs and Lae dargac due under do Note. Borrower drill also pry fords for Ewmw Iran
p mammat to Section 3. Payments due under the Note and this Security Larrmomt fait he made in V S.
currency. However, if any cbm* or other imtrmmvcra reserved by Lender as payment tinder the Note or this
Smndty Instrument is retuned to Lender unpaid, Leader may require am any or all sulsegaeat paymem
due seder the Nate ard this Secarhy bm tmmm be made in ace or more of the &BOwwft fttM. as
adeocad by. Lander. W cask. (b) money order: (c) catificd acct, bank cheat. tnammr's check or
cathiet'a check, provided my each check is drawn opera an insulation whole deposits are blared by a
fedvil ap-7. lorasommWity, or emdty; or (d) Electratic Pundit Transfer.
Paymmts ant doomed received by I erhder wbo n received at the location designated In the Note or as
such other location as any be de ipaated by Lender In seeotdsaoe with the notice provisions is Section IS.
I,nder may -am and paymm or Pied Payment If the payment or partial pigments are hnad6riem to
bring the Loan current. Leader may accept any - 3 P -err partial paymm inoulAdat to bring tho Lan
cur. . without waiver of may nights haeaoder or prejudice to in rights to rerun suck ptprmeot at partial
payments to tiro fulcra. but Lender is ant obligated to apply inch psymatts at the time sock paymaas are
mooe)ned It out Periodic Payment is applied to of its whodaled doe date, dm Lander need oar pay
Imam on umapplbed their. Lender may hold such uapplied finals until Borrower makes pgmas to brio; .
the Lou earremt. If Borrower does to do so within it reasonable period of doe. Leader shall ddw apply
mch tWmt or rams Item to Borrower. If not applied earlier, axe fads will be applleil to the oatsoao ft
pdnclpd bdmw vmdar the Wane im ovdimady prig to fa mcloswe. No ofbet or claim which Borrower
mist have now of In the kvm splost Lander pull relieve Borrower from makbg paymaas do under
the Noce and We Soetoily inuroment or performing the covaomb and sgreemem aewred by this Security
Inabtsant.
2. Appliadom of Pgmmb w t'rooeeds. Except as otherwise des¢dW In this Section 2. all
papa sooepted and applied by Leader ahall be applied in the following order of priority: (s) learnt
doe under the Note: (b) principal due coder the Non; (e) asnooats due tender Section 3. Swb paymens
&M be applied to awk Periodic Payment In the order in which it beesm ore. Any res ainigg amoom
311211 be applied Am to tare drug x, secad so nay other am oomm due under this security Imrtruaeot, and
than to reduce do principal balmoe of the Now
If Lander roorivws a payment from Borrow for a delingnaat Periodic Paymem Stich inclodes a
sof6ciett amoaa to pay may tree sharp doe. do payment may be applied a the delbtgmam V" m and
ate lee cure. If more than cue periodic Paymem is ouumn ft. Lady mq Apply any payment »osiv
Gam Borrower w the repayment of ire Poiodic Paymom it, and to the nacre that, each papmmt
10?34r7
wa.aru j4.f Farm3p3s 1101
AI soon
(Page 7 of 67)
can be paid in tail. To de cram dw any am ealsa aft the peyamot is applied to the 11ih prPOW of
owe or arm Periodic Pardo mss, web cum my be oppiied to airy late dta W due. Voluntary
prepsyments dill be applied first to soy prepayment o and then as described in the Note.
App application of paytaatas. intowa psocee I . or hilseeilameaa Roceeda to principal doe under
the Noto still not cxkad m postpone the doe dam, or tieitge the mount, of the Periodic Payments-
3. Ftmda lar Escrow Item. Gomm r shall pay to Lefler an do day Periodic Paymmits we dad
under the Note. MM the Note is paid is full. a cram (the 'POW) W provide for p Wmat of aaauas due
for. W Mm and adaplaRats and odor item which can attain priority over this So=* laatiumad AS a
Urn or eseambraitce on the property. (b) Wambold psymets or pound roars m ma Property. If any: (c)
F00310103 for sly ask all iosurotoe "AFOd by Lander under Sectiau S: and (d) Monpp Worm me
PXIORkmm. If a". or ary mod peyalr)a by borrower ro lender in lieu of the payment of Mortpp
Insurance psaaias to accordance with de provtdom of Seetlm Id. Thus itaa are adled 'Escrow
ltaps.' At odillortion or at any tar darinj the cram of the Loan. Lander may require that Conunneity
Amaeiallon Does. Fees, and Asa smem, if any, be escrowed by Bttrtoarer, and arch dices. finea and
scaprnmtt &W be as Escrow Iran. Borrower shall promptly fomish to Leader all notices of am"Win to
be paid wWw this Section. Borrower ahsll pay Leader the Pardo for Escrow law unless Ueda waives
Borro er'a obligation to pay the Funds for pay or all emow Iraqi. Lander testy waive Borrower's
Obligation to pay to Lender Funds for way or all Farrow k am at any tone. Any aacb waiver may only be
fa wri11q?. fa the event of such waiver. Borrower shall pry directly. when and wUere payable, the aomums
bye for any Recrow hems for which payment or Fands has base waived by I.emdet and, if Ietder cequlrp,
shall Amddt an lender mclpa erida ciao much pmyment within mch time period an Lefler may regdm
Borrower's abliptim to male ash payments and to provide tnceipts shall for all porpom be damned to
be a eovemm am proem m comained in shit Security Instrimom, as the phrase 'oovauost aced agreecoeat.
is aced in Sectim 9. U Borrower is o Wipted to pay Escrow Itetro directly, pursuant to a waiver, and
Borrower Ells to pay the so mm fits for an Eaaow item. LetWer may exercise its riglaa coder Sdcdoa 9
and pay such amOYm and Borrower shall then be obligated under Seetim 9 m rmpmy to I aodsr any such
hoot. Under soy mvoioe rte waiver an aD any, or an Eacror Item at aqy toe by a notice glum In
Mcmdamce with Sect ica 13 aced. upon such revocation, Borrower shall pay to Lender W Punk, and In
such amounts dot arc them ranimind under this Se ctim 3.
Under may, at any time, molka and hold Nods in an amount (a) sutficim to permit Lander to apply
the Pupde at the time specified Imdsr RLESPA, aid (b) at to a xaced pert maximum amoum a leader -
tognmrs alder RESPA. Landau shall tytimae tie amount of Funds doe on the bads of arrest dub and
redsoable estimates of expenditures; of fame Emm Items or otherwise im momrdaame with Applirabtc
Law.
The Rinds shall be held in to iadeatim whose dtposhs are irwued by a fedte?t.l,,?a?gency.
Fmbotmemality, or entity (Ndiding Lender. N Lender is an imadmtba whose daposks ere so ..o. nd) or is
any Padua! Ham Loma Beak. Lender dull apply the Panda to pay the Escrow law no low tun the time
specified under RESPA. Lander aloft not dwp Borrower tot holding and applying the Funds, annually
saabndng the escrow amount, or ?erif tg the Escrow IN=, unless leader prys Borrower irt, I an do
Fonda and Appim" Law ptrmio Lander to make acerb a charge. Unless an thguemheot Is IWde In wrung
of Applic" Law requires lowest to be paid on the Ponds, Lender alai) not be required to pry Borrower
why bnerest or l nbp on the Plods. Bttttawu and Lauder, can agree in writing. however, that interest
Ioos9Bl
P... sM is {?,?
t??e alPAl wen UL
/Z/ ham 371a 141
(Page 8 of 67)
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shall be paid on the Putls. lender shell jive to Borrower. without abargc, an enmesh ncaotauiog of rife
Funds as regained by RESPA.
If there is a stspli s of Ponds held in escrow, at dcftm d wrier RESPA, l!Oder swlf ttecxuw to
Borrower for the sum hods in accordance with R$SPA. If shwa is a shortage of Pieria held in asoow,
as 4cfMcd order RWA, Lender shall notify Borrower u required by RESPA. and Borrower shelf pry to
lender the Imams necessary to mete up the shortsjc In wcm*m w?tf RESPA, but in no more then 12
montbily payments. If there is a deficiency of lands held in escrow, ss deuced us lar RE PA. Lwhder shall
rarity Borrowar as tegairod by RESPA, and Bonowcr doll pay b Leader tie =w= meoessery to salae
UP do deficiency in accordance with RESPA. but in no atone then 12 soc"y payments.
UPm Payment in IWt of all stuns stcaned by this Security Instrument. I ender shall promptly mAmd
to Borrower any Hinds held by Leader,
d. Chin Lieut. Borrower shell pay all taxes, sesasmants. clmrga, fines, asd Impositions
attributable to the Property which an attain priority oval this SepMty Instrument. Machold payments or
pound tams on the Property, if any. and Conu amity Aaaiatica Dues, Fan, acrd Assugasc us, if say. To
the exact Cat these items ut Eurow Items, Borrower shall pay ftm in the meaner provided is Section 3.
Borrower stall Promptly 4wdwSe any lien whirb has priority over tltfs Security IGtwttsest uweu
Borrower: (a) agrees is writing to the payment of the obligation roomed by the liar in a tmmar sce plats s
to L.adu, bet only so long u Borrower is perfmmiog nteb atpeemeot: (b) Waco the lien in good faith
by. or deI I spins: sunkrwmcat of she lien in, ftal proceedings which in Lender's opidon opueu m
prevent rite et em of the lion while those proceedings are pending, ben only until such prooeedia js
m concluded: or (c) se ma ham the holder of die fiat an agreemm auidh=y to Lender nabmdisa ft
do him to this Security Immanent. If Lauder do0<mina that any part of the Property is mIject to a lica
which can wain priority over this Security launme nt, Lads may jive Borrower a notice idcutifyiaj the
him. Within 10 days of the date on which tint notice is given, Borrower shall satiety the lien or aft am or
mine of the smote set tole about in this Section 4.
Lawler say nVire Borrower to pay a one-time sharp for a real crate has verification andJm
reporting service used by herder In connection with this Loan.
5. Properly boom mos. Borrower slot beep the improvements now existing or hereafter orsesed on
she Property formed against tan by fire. wards included withla the term 'exeasded coverage.' and any
oChet hazards Lahhding, but no limited to. arthgm&w and floods. farvwhich Teenier requires Iswunce.
TW& Warsaw shfil be maintained In the snow" (including deductible levels) and for the periods that
Leader rrsinim. What Icarian room pursoent to the preceding amtensm to chop dttrhhg the term of
the Lme. The inaarupce carrier peoviding the isnrance sell be chasm by Borrower aabjatY to Loft's
Tilt to dimpprova Borrower's dacha, which rigid call not be exercised uaramaebly. Lender may
require Borrower to pay, in connection with this Loan, either (a) a on"ene dat'ja for Band mac
dcOmhudion. cadfiation and tracking awices: or (b) a meto-thnc obar0e for Good aoao dcwnu t Wm
and ce tificados services and rebaequnt chatga each tune aamppimgt or similar ehmps oeenr which
toombly OA& Ilhst each detaodtation or certitfatis m. Bm awar shall else be responsible for sire
psyn sw of any lees inhpoeud by the Federal 8astgwoy Matagemcot Apmy in connection with the
review of any Rood zone delerminatiw tamping from an objection by Borrower.
i.
1005991
rare
at?A M aeon ny, a a ra ??? Fenn 30" 1101
(Page 9 of 67)
If Bono+wr falls to malsaw any of the awaradee described above. Leads may obtain Iwuraact
cowaaga, at Leader's optims ad Bmroww s expense. Lander is under on obliptiess to pprchase any
P type er wmme of cevmnga. Therefore, auh coverap slrll cover Lander, but aught or errata
sa Proses 11"M r, Borrower's egahy In Ilte Property, or the contents of the Property, npinn any d*,
bawd or IUMNey and migM pmAde pun or lesser coverage than was prcviamly in effect. Bonowa
acknowledges that tie am of the imarance cmusp to obtained might 40ficamly exceed the cost of
stimersocit floc Borrower maid have obtalud. Any smmass alsbtrsed by Lender aodnr tltla Section 5:bail
I , up additional debt of Berrowa aetorsed by tide Sewtity lestnmrent. Thest amnmts shall beer interest
a the Nato rase from ilw date of diskieneasat and shall be pays, with ncb Lateran. upon oodeo from
leader to Borrower regm ft payment.
All insurances policies rWAred by Laxkr and rauowwle of epee policies shah be iaWM to Leoder'a
right to dlespprove such policies, shah inckde a fladad ramVp clause, and taxi] tame Leader a
nmtpaee msVor es as addis =d logic payee. Leader dial] hove der rigs to hold the policies and renewal
certificates, If Lender requires, Borrower shell promptly give to Lender all wceipts of paid premhmts and
ranewd modem. If Bountrwer obtalas any form of insrrenee coverage, not otlterwlae mgaired by Lader.
for damage to. or demnstion of. the Property, such policy s1nJl include a eta OW mortgage dam and
SW AMC Lander as metgagee and/or es an additional loss payee.
In ds even of Loa. BO rmw laB Sire preaipt notke to the insarmice carrier and Lander. Leader
may make proof of loan if not meek psamptiy by Borrower. Unless Lender od Borrower otherwin agree
is writinsg. any lasueanre proceeds. vwhaher or net the underlying insurance wu tegsired by Lender, shaii
be applied to resmatima or repair of the Property. if the reneettiou or repair 6 eoaasmf oliy fruible and
LOOdOr'a asperity k aes Ieaencd. DurLq such repair and reatotatioa period, Lender stall have the d& to
hold exit laatsm proceeds until Lender Ims had as oppormrdty to Inspect arch Property to mmum the
work hu baser completed to Leader's aadtfudon, provided clot such laqncde11 dal be mdesuken
Lroapdy. Lender my ditburn proceeds for the impala ad resmratiou in a single payment or In a series
of Pte- payments, as the work is completed. Udaa al agreemetr is made in writing or Applirehle Law
roodres want so be paid on mock insurance proceeds, I mid ahll not be re¢iised to pay Bonowsr any
intetari or aaalup on wcb proceeds. Fen for public adjusters, or other ON parties, m akrsd by
Borrower dell not be paid out of the immance proceeds sad shoe be the sole cbl4stion of Borsowa. If
do ratanion or repair is amt ecolomfopy femme or Leader'a 6am city would be imeaed, rte Imm'ance
Proceeds mall be applied so rte sums swred by this Searity IfatrYlaerd. whether or not den due, with
the cw=. if aW. Paid to Borrower. Such fgnraoee paaoseds slap be &W led in the order provided for in
Section 2.
If Borrower abaadsax the hope" header may file, negotiate and wwr any avaN.ble lasuraoce
claim and teirted statsen. If Boaawer don not msperd wltWn 30 days to a notice from Ladder that tie
ie/erean artier has offered to asole a claim. then Larder cagy negotim aed earns ft claim. 7M 31l.dq
Period will begin when dne notice is giver. In aither event. or if Leader acquires the Property under
Seetba 22 ar odowlse. Borrower hereby maips so Lander (s) Borrower's right to may kwAMros
proceeds in an i motea net to Mc ed the amounts unpaid Wider the Now or dit Saetrlty lesvinm st, ad
(b) asp other of Borrtwer's rights (ether than tie rip to any refbed of iweanted promitaaa paid by
Borrower) under all luminesce policies covering the Property. insofar as such siesta in appiiable to fee
C6eeraae of the Pn*WW. Latin may we the insurance proceeds cidw to repair or restore de Prapaq or
to Pay framers avoid ardor dw Note or dds StckWity Lkatnmkess, wtetlta or sot dies due.
1005907
mow.:
q%AA1PAl w" rrr. r w +s Fm,n aMe 11101
(Page 10 of 67)
6. Occupancy. Borrower shell MOM emmish, and use the property u Borrower's pdociPti
reeidarnes Mddo 60 days acts tie sac WM of this Seautty Itsmmnast and shall ooatime W occopy the
Property as Borrower's principal reddemce ibr at kut one year after de daecof oowpaaq. mops f ceder
Wsus in Wnti g, whiab C=W IMp rot be maeararnbly withheld, or anima eateanatieg
dearasarseaa erda wbiel' are beyond Borrower's marol.
7. Presavmtten. Mdudmaasce ad Protection of the Property, IarpectIM. Bmrowa d'a hot
dsenoy, detmagr or impair the property, allow the Property to deteriorate at to m it waft on the
70010 ty. Whether or no Dan*" is rasiiirtg in die property, Borrower scull maintain do Prophecy in
Oder m PMVM doe Property from deteriorating or docrcadrd in wire dm to Its cer.dition. Udess it Is
determined purnsn to 5eetbm 3 that repair or restoration is act economieft teenUle, Borrower shall
prmeptly repair the Property it damaged to avoid feller deawioradon or damage. If iswrance or
oortdeatnatitm ptoaxdI are paid in otto.OWN with dam Ap do, or the taking of, the Propm y. Borrower
mall be rapasibie for mpdit or restoring the Property only If Lender has released proceeds for stub
PmPOM . leader any dMww proceeds Eon the repairs and ratondon is a sh(gie paymttm or in a solve of
pragerk Paymeers In the work 4 amapiued. If the insaramee or mmdea natine , e0e I we not Mffml nt
m rapsir Or damn the Property. Borrower Is not relieved of 8ormwer't oblWitimt for the completion 0f
such "Pak at restoration.
l,eadet Of Its ABM May make raasostable emries upon ad itt ppWous of the Property. U It bes
reasonable comae. Larder may kspeci rte bnomitrr of the Brprovuoams M the Prop M. t wtder shall give
Borrower notice at tie tine of or prime to Inch so chants Inspection spedlyiag such asoaeble cease.
0. bwnreer'a Leta Application. Borrower 90 be In defaelt If. doing rim Learn appiieadoa
Poems. Borrower or atq Persons or entities, M1% at the direction of Barrowar or with Borrower's
knowledp or eoosera =eve m.eerWly false, midesdirrg or imaxnvata iotorm.tion or ahtmnmtu m lender
(a filed l provide Lender with material iMormadog) in connection with dbe lose, MuwW
repreeantlans, idehrle, but am riot limited to, mWaaratiots oomcera ttg Borrower's ocapamcy of the
Piowty a Borrower's pc=lpd residence.
9. Proteetles K Iesder'a i ins t to the Progeny and Rights Under this geessuft InallOtant. If
(a) Borrower Isis m perfm the amum end egtammw comalmd in da Severity immuum. (b) dtam
is a iegai In, ,, ties Wad MI& 00fcanft Iffeel under's IMM in the Property ardlor rIOU under
this Sorority Iosurmran (sud? IS a proceeding In taelmtptcy, probate, for condemnation or forkilu , for
eakwo-set of a Ilea which tray ands priority aver this Security Instrument or to cIasce law or
regnlaioot). ue (e) Borrower has ahmdooed the Pnq=q, than Lender may do and pay for wbetever b
rrammwe Or appraprhu In protaa Lmlder's Inuses in We Progeny and ftW wader this security
Iranroma& inCludlni protecting and/or arming du: value of due Property. and seteuins endAw repalrls*
We Proporry. Loader's zoom ran Irnehide. bw are no limited n: (a) paying arty sums second by a Ilea
which, hu primalty over tide Severity lognonvnt; (b) appearing in cant; and (c) pay* ressoaade
ssortsys' tees to protect its Internet in dw hw" and/or rights rider this Security Instremem. into eft
its eeutmd Mkian to a b drgtcy Proceeding. Seatriry the Pmpeny includes, but is out lilted W.
maaigg We Property m oft repairs. change lochs, molaco or board up doors and windows, drain wow
from Pte, din ieste building or otber code violations or der!{mw conditions, and bays uts'lides served
on or off. Akbw4h Leader may eke acdoo under this Section 9. LuAw titles to have to do so turd is mot
ender any dotty or obliption to do a. It is agreed that L&Aw looms no liability for not taking any or all
emcee authorized under this Section 9.
1001907
??e1nVAtown ? /?dr
hoar a . L •? Fan 7tr7e Apr
(Page 11 of 67)
•
•
0
Amy mount diebantd by Leader under this Section 9 shall booms additbml debt of Borrower
reeaed by Ws Secmrhy ImtIanlaat. These income shall ben tartest at the Note ram (toms to date of
dishvsantant and shorn be psytdde, with such interest, upon notice from L.erder to Borrower regnepiq
PqWArA.
If dds SMi ity lamnammnd is an a kesehold, harrower shalt comply wkh all the provirimr or tea
bas. It Borrower acgWm fee We to the PtopeM. dia bachold and the tee dde SIMU not meths mares
L alleles apmCi to the mw= in writiol.
10. MWgW Imaunmom. If Lander required Mwtp p Insurance u a cosdlticn of melting the Lead,
Borrower shall pay On p udumc required to naimmin the Mlonpp Insurance in effect. It, lbr any reason,
the Mmrcpp UWUance cmv"s regdnd by Leader cums so be "chic hoe the moripp iesraer dat
previow>y provided such Incur mor and Borrower was reored to male cpernely, dul{maed psymcm
lowerd the premhma for Mortpp Iammwme, Borrower shmB pay the premhrns required to obtain
cvmW substantially Mmlvmm to rile M4otiM Imunum prevlwsly to dhc6 at a was substuatlally
equivalea to tee am to Borrower of tits Mortpttpe Inurrma provtously In effect. tram m sherarte
won" Insurer maim ad by Lender. If subgortially agoivabat Monpp Insurance twiemp a cot
avaftle, Borrower Wail cantism to pay to Lender the amount of the separately deslgraae ptymma the
were due when On inssratme eoverap coned to be in effect. Leader win accept. we mad resin that
Peymmtt n a ootMWWkdable lots reserve her JIM of Mmtjap Insurantm. S11ch )11111 reserve 011111 be
son-reGmrd", motwillimm ding the fact that the Lame Is mltimimly paid in %U. and Leader shall cot be
tequirtld m pay Borrower any ill- m m -, or eat01t1(<t an p :b lost rtmerve. La der on no Im pr n*dfc Ion
reserve payments if Mortpp hourance c map (in the amount and for the period thnt leader rWAree)
Provided by m hum selected by Lander spin becomes available. is obaioed, del Leader s"Am
teI 1 1e r desISDOW payments toward the p mwme for Mortpp luctence. If I emdm required Martm
lamrsome a e condidmr of making the Gan and Banuww was requited m make upvardy daipnted
paym m towerd the promhmt11 for Morrple Insurance, Borrower shall pay dye press me regctimd to
maintain Moetp p b zwm in Whet, or m provide a ocm nAadeble Ions reserve, wtU Lender's
requirment for MortSW Insurance ends in acco dsom with any welt m sUccment betaerJt Borrower and
Lader prWiding for each tetmimdi me or mail mrnindon is required by AMIcable Law. Nothio6 is dds
Section LO Was Borrower's sbliptlos to pay imam a< the rate provided in the Note,
movipp Immaoee mW&vdma Leader (or may entity that parchum the Note) for tXrfe? lance h
may Iocor It Borrower does not repay the Loan as spaod. Bormwcr is era a party to she Mor*W
lotureetcs.
Mm pep murerm anlrats their real risk on all such laauram in force from dome to time. errd any
color ball agremmem with other parties that share or modify their ridt. or reduce loam. Tbew apt make
we on teas mud otuldidoms thus arc satishtxory to are mortpp inaua and the other paty (err puda) to
theme, agrommuts. Then aV=mu my require the p insurer to romim psymmis imshig may mum
of Ilmds mml" Insurer my lave avllisble (which may includs ttmb obmimed atom Masthye
lmumoe per mulct).
As a taunt of does ts, Lender, ally pursuer of tltt Note. amdw Insurer, surly mimmer,
my other ea". or any affiliate of ally of dm foragohs8, may m ive (d mdy or hdinK*) amounts slat
derive from (or migt be deneteriad a) a parties or Borrower's payments for Monp p Inaararce, in
tmbanBm far daft or mndigbq the rumtptp Mmuces risk. or rCduft keen. If mob aBr-09
ptovldes dot an Wlpimte of Lender t*u a chum of the inarmes rielt in cidlul a for a deem of the
pratduma "M to the Insurer. the an uip me" is ohm [wow 'copdvc reinsmaame.' Fwd-;
(a) Any mob spvammob will and d hd the amounts lea Borrower eat creed to pq fun
moor ipp: Indarsaea, or my other loan of the Laos. such agram mu alp met means tea aaunt
Bwmww wen an for Morlpp Idmmmm, and they wM met vedde Borrower 0 any nand.
1005981
urxru
atinl?alosaw rrpa.tre /1? / rem 2M /A1
(Page 12 or 67)
•
0 0
(b) AnY such sre®mts will sot atibct the duo Borrower bm - u any - x115 relpact to the
hsorlpN ksnRaooa under Use Eomwwna. Prommilm Act of 19M ar asy add law. Tim ttlgbu
may bselyde the rfglu to rWdv cmtmin dieciamae, to requed anal Obtain eaaallntlea of th
er rmoel?e a
rd"d of blortgagea Insurance °~ lseoraaea terminated at the dme n& ass
prmnituos that we..neartKd at the tlsra of d oral aeslWiea at
twu aasm,
11. Aadpmcw or Miscellaneous Pmemda; Fbrfdture. All Miscellaneous Proends ate hereby
reacted m and dual! be paid co Lender.
If the PeoWny is damaged, mch Miscellaneous Prooeods :hall be applied to resmndon or mg* of
=a if the restoration or repair Is monwnieaily faadisk and Leader's eacurlty is mot leumned.
repair OW restoration period. Lender ebdl have the riSM to hold such Miscellaneous Proceeds
MU Lender bar had as opportunity to inspect such Property to w ne the work has been compiled to
Leader's auisfaction. provided that such inspection shall be tntdosadcea promptly. Leader may pay for the
rVaiw ad rtl0 ndm in a single didiumemeet or In a -odes of prolp payments es We work is
oosnpiI I - UW- as apamment Is male In writing or Applicable taw roWm imerm to be paid on wAO
M%millmnom Ptmocedt. Lender csall mot be required to pay Borrower any Woo or m gimp on sack
Mieeallsnms Prooeeda. if the ropontion of apir is no economically :babble or fender's mmky would
be )mcood, the hrrmllmwm Proceeds shall be applied ro tae enms se mm by this Securityl mmum e.
whether or not then due. with the excess. it any, paid to Borrower. Such MbaAhmm Proceeds sW be
applied in the order provided for in Swdmn 2.
In the event of a NW tddn;g, derowtim, or lou in value of the Property. the Misoeillatnow
Areeoeds shall be applied to the smm mccur d by this Scaniry lmtruaaml, wbodar or mo than due. Wilk
the ntetm. it any. paid to Borrower.
In tit; event of a partial taking, destruction, or loss in value of dte Propetpr In wMch the fair market
value of the Ptopvty Immediately before the pmW taidag, deatruaion, or lots in value Is equal m or
Veow than. Ow amoawa of dos soma secured by this SamM Imaumm imm Omely betoro the partial
taldmy. destrntxim or ions Is vahw- tn)en Borrower and Leader otherwise epee in writft the cans
seamed by Air SWm* Irsuvemat shall be redrroed by Ike amp= of the Miaodlaneous Procaedt
amtitipllad by dw tollowiR fraction: (a) the soul amount of the sump seamed immediately before die
Partial taking, destruction, or loss in value divided by (b) the fair markat value of do Property
immediately bcforo the partial ekin& destractlon, or loos in value. Any balance shall be paid to BmT~.
In 11% event of a partial miring, destruction. or leas in value of the propcdy in which the fair aarlost
value of the Property ismttedmicly baton the partial addog, dennu a lot, or btu In value is lees than the
U30M of the sttmt mco ed iormte' &Wy betom the partial taking, datrueli t. or loss in vain, tmlen
Borrower and Leader atbawise agree in wrldW the Misceltaoeom Proceeds sbW be :tootled so the amps
secured by fbie Seamiry Instrument %bedter or not the sues we them duo.
If the Propt+ty 4 abandoned by Borrower. or it, after notice by Leader M Borrower Ihtt rho
Oppwlms Party (w da0sed In the next seammoe) offers m melee as award to settle a claim Ear damsons,
But -- tails to respond In Deader within 30 days alter dos doses the tntI is citron, f enda It mrtboriasd
to collect stud mooty ft Miscellaneats Proceed: eider ic mioruion or repair of the Property or 1o the
scone am mad by this Security Imstmmamt, whether or not than lee. 'opposing Parry' memae the third party
that owes Borrower Mi Promaoms Proceeds or the pony apptlmt whom sor"or has a right of action in
rapW tu Mianeilarooas rooeede
Borrower sadi be is detWt If any anion or procce ttg, wbww civil or ttimiod. b bcgmt (imt, in
leridar's judgmeat, could mama in forkimtm or the pro" or other matmimi impahment of L amices
bonnet in 1110 Property or 400 trader this Sanrity Imtrmmd. Borrmrer can coin arch a default M d. If
aoodsr don has oavrmd, naieslm a provided in Sediom 19. by causing the scion or proceeding to be
1005987
t?.ant°ru s?saa -
var. err rr Feat amaa zps
(Page 13 of 67)
dtaudnW with a ruling that. In Iader's judgment,pf'acbdes f flume of the Property or otba rnadatal
impairs" of Lander's instead in die property or r gli as under this Seem* bob--*. The Prooeede of
say award or claim for dmsaps that are attributable to tae impairment of Under's LAM M in the Property
are hereby stalpe l sad dull be paid a Leader.
All a[laodimm o n Proceeds out are ant applied is mess mdoo or repair of the Property shall be
applied in die ordcr provided fat in Socliar 2.
12. Burrower Not Res mm* Forbearance By Leader Not a Waiver. Bxte sion of the dm for
paymetr or modulation of amortization of die somt.amiraa by this security Iastroo at grmite 1 bl Lender
to Borrower or a" Smoeaw in Intum of Borrower cball not operate to release the IWAlty of Banown
or may Successors in Interest of Borrower. Leander shall not be n aired to oeatm®oe proceodiage spies
my Sucosmor in Imeren of Borrower or w rdm to exceed time far paymoat or oRSrwim mollify
amorthaation of do sans sarAt W by dos security laummem by mason of any d®ond made by the arigiaal
Bonowa or say Sucoetson in Ieterest of Bwmwer. Any forbore by La*f is of
remedy locA ding. wilbout limitation, Lender's aasplaote of payments bum third any O&M eaMec or
Successors in lseeran of Borrowa or in setoumc Iris don dm amount dm doe, doll not be a waiver of or
pfadnde the exflCife of any right of remedy.
Ll. 3dat cud Several LWAfty; Ce sigoerr, Successors and A elps Bound. Borrower comments
sad agars tied Borrowers ouiptious and liability duJI be joint and Cenral. However, MY Borrower WW
OD'algm this Security l1KCamend bat dose not eaeeate the Note (a "co-Opal): (a) la to-signing dais
Setirity InUrumeat only ro mortpp. grant sad owny die c0-signes iaccm in pro Property order de;
tams of finis security Instrument, (b) is not personally oblipsod to pay the Haut seed by Ibis 9earity
Imtrsmem; and (c) arm that lender and soy other Borrowed can Mm to ac ad, modify, twbeer OF
maim may accommodations whin rtprd to die cum of duffs SemwW insramot or the Note wi hout the
ewigner's roues.
sobjecf to the provision of Session 11. may Successor in Ions of Born er who assents
Borrower's odiptmrs seder this Security Inusmtent in wrWaS, and 4 approved by Leader. shill oblaiu
all of Batmwarrs righu and bWAMM under ndr SOCnrity itsrnuaent. Bottowef shag am be released hwp
Bortpwror's edipdear sad liability under Russ Security Iartntaeot udeas Leader agues to each relaro in
writing. The ooveno w aad agrmnr nts of this Security lattmmem shall bind (except as provided in
Saffron 20 and benefrt Rae successors mid sadgro of I elder.
U. Loan Chergn. Lander may deep Bouowar far ter services performed Itt aximroWON with
Borrower's detanht. for die purpose of pmoecliag Linda's toterau In the Property and rV a under this
Seanicy Iasnruenenc, ioeludlug, but not limited to. sttoroeys' face, property hmpectias and vahuadioo face.
In regard to any other fees, the absence of express andmrIty In dds security Instrument to tfarge a speeft
fee to Borrower shall not be Ceaetrued as a probibidas on rho charging of sueb fee. !.ender ayy not cWp
foes mtt are ap -sly PMMAI d by !his Security InCtmetat or by ApptiCablt Lew.
If rem Loan Is subject m a law which ram nmsimnm loan charge. and that law is finally interpreted to
that the Indeed or saber Joan darges collected or to be colicemd In tlOrmeetion wilb•the Lose exam the
permitted limits, dim (a) any such loan deep dun be reduced by ft mmamt necessary to taduee tba
Chugs to the permitted limit; and (b) my awns alra idy collared ftm Borrower Willa axcte W patmiusd
lb ells will be rdlmded to Borrower. Lender nay Choose to males ft teflmd by re I ing de principal
awed sander dhe Near or by maldtlg a direct payment so Borrower. If a rofimd MMU pfimeipal, due
redndm will Inc treated as a partial prepaymmrt widawt ray prepsyaneit slurp (wbed er or root a
pnpyrmaa charge is provided for under the Note). Borrower's acacptaoce of any such soloed made by
111114 PsYllend W Borrower will constbwe a wadvrr of any right of action Borrower might hove arising alt
of stash overd up.
IS. Nodes. All owkn given by Borrower or Lenda in connection with this Security Inawne t
moat be to writlmg. Arty sooee 00 Botrowel In eomeedoa with this Security lasdnimed alsll be detowd to
1015987
earn.:
Qk-aAl?A) urea ... „.r +. p? dean 70!! t lot
(Page is of 67)
have beat given to Borrower wbm malled by fim class mall or when actuiy delivwed to Borrower's
notice address if sat by odw mesas. Notice to arty one Borrows shag comdata notice to all Botmwers
units Appiirahte Law eapeessly requires otbetwlse. no notice addraa skull be the Property Addreea
unless Btarowx bas dwipamd n substitute nodcs addrest by r4doe to LetWer, borrower shall promptly
no" tender of Borrower's data( of address. If Lender qe dit a procedure for reporting Bormwr's
slow of address. then born ma "I *My repo. a change of tddtew through rhos spodfW procodtae.
These they be only an desipaed notice address under this Seority Insnvsoau at any ate time. Any
aorioe to Lander shall be given by delivering It at by mailius it by first dun asA to Leader's address
stated ba ctu unless Lender lass designated another address by notice to Borrower. Arty notice Is
moeedoe with We Sect rity bsumnem d all not be deemed to lave been given to tondo mild actually
received by under. if sty notice requited by this $ewrhy Instrument Is also Rgnir d wader Applicable
1". the AWItsibie Law requirment will satisfy the corresponding requirement under this Security
Instrument.
16. Gown ms Law; Saverabl}hy, Roles of Construction. This Security boom" skull be
governed by Indent) low and do hw of do Jurisdiction In which the Propetty is located. All rights and
Apobligations Lecontained In dds a. Security Instrument: are object to any nquinmams and timita im of or 11
might be silent, butssuck atle ce :be ent be ??treed u?y allow the pucks to agree by Contra coubu . In
the evma that my psovisioa or dso of Ihis Security Irotrmn or the Note conflicts with Appliceble
Law. tact conflict shall not affect otaa pnovisioes of this Security Instrusu m or the Now which can be
given affect without the eootliedag praviskom
As and in this Security Intrumma: (a) words of the IalWlinne seeder shall mesa std Include
e0rra1p0Od1Ag tauter words or words of the femirdtr gander (b) words In the singular shall sum sad
ittekde the plaid aced vlee versa: Wd (c) the word '=y' gives sale disaedon without ANY obligation to
talc( say sedan.
17. Barroaees Copy. Borrower ftH be given oar copy of the Note and of this Security Ins a neut.
18. Trunde of the Property or a BmaBdal Interest In berswwor. Am wed in this Section 11.
'Ituaesc in Oa Property' moist any kgu or badly tl I I, , in Oc Property. iwivw R, boa riot limbed
to. time bendlehl interests transferred is a bond for deed, contract for dead. iauslhow .lea outma of
escrow, agrea ot, Otte has of wbidn is do mm?sfa of dit by Borrower at a It= dace to s puchaaer.
If all or any part of the property or any Iettereat In the Property is sold or transferred (or if Borrower
B tut a uamaah perm and a boadidd fewest in Bormwor It sold at transferred) widrout Leader's prim
wrier m comm. I aden may require mmedbate payment in full of all suns sect, by Ohs Security
Instrument. However, dds option shall not be c aciand by Leader If web amrriao Is prohibited by
Applicable Low.
If Lender esetefns dds option, leader abs11 give Borrower notice of mcdcration. The notim shag
provide a period of not item than 30 days trout the date Me notice its given in moattlum with Section 15
will" which Borrower mast pay All sums secured by this Security lutrmneaL if Harrower fails to pay
these wens prior (o due expiration of this period. Lender nay invoke any rents" permitted by this
Security Instrument without firaw notice or demand an Renewer-
W. borrower's RW to Relisote After Acceleration. If Borrower now cauln card tans,
Bestow. And have the risk to lave aufaremeta of this Security Instrument disco tins it any than
prior W the earliest of: (a) five days before sale of the Property pursuant to my power of ale ocotained in
Oka Security hu nnow: (b) such o*w period ae Applimble Law might speclty for the mmumsdon of
110"Verees ri0 to rehatale; or (e) aby of a judgment erdwcing Oh Security losmun t. Those
conditions me Oat Bortower: (a) pays I.eoder all sums which then would be due audef this Security
lowumem lid the Note es if no acceleration had occurrod. (b) pmt any defndt of my other covenams or
1005961
.tit.
atiN?AIown ?+rurftt rename 1W1
(Page 15 of 67)
&Vumwitn, (C) pop an c>pena iacarred u eaf.ndng this Sewft laauinneot, inClnding, bill not limited
m. Rumble moneys, fees. pv.pcrty inspection and ralwdon foes. and sties fops iowrmd for the
pttrpoa of Protecting Leader's interact in the Property and rights wrier this Security Inebtment and (e0
lstaea such atxioa u Lacer WY trtstomWy R*IM to assure tint L Aw's intem In the Propany o d
riffs srodcr NA Stsasiry Llaanmsem, aid B&Wwer's nbhhPtlon to pay the stmt secured by rids Security
imtnaome, shall t it - and-Mad. L ceder taly mgaire 1bu Borrower pay writ reioulesocot arras and
OW1111ta In one or snore of the following fortat, ere aelectad by Larder: (a) Cash; (b) mosey order; (c)
aWd&d cam, bents dieek, tr ssurces dwck or cashier's check, provided ally oKb checlt Is drawn upon
as iastidttian Most deposits at inaaad by ¦ federal ageney, isntrsstnctuatity or eothy: or (d) Eiecnonic
Ponds TUNICS- VING tetmsnN mast by eormwar, tilt Security htstrament and nbligatintna Mond hereby
shall Mmdit tally effective as If no moderkwe had occurred. However, this right to reiochte aba0 rut
apply is th0 one of uoakradon mda section Ig_
m. Sale of Nmtr Ch=P of Lout 611rview; Notice of CAWnea. The Note or a partial barest in
the Note (together with dds Sectaity Innrmneet) trot be sold one or more tunes without prior nodca to
BMVW4r. A uk ttt16ht result in s change in the mky (botoan as the "Loess 5avinef) Ibat cdltsxa
Periodic Paysems On miler tier Noe and this Security Inatmmew and pcrfarms other tnortgap loan
servit hl6 OWIPtioma wrier Ma Note. this Security Instrument, and Applicable Law. T km giro wigbt be
=1=0=141 te Lena Servicmr mulawil to a gala of the Note. If there Is a ch up CC d a Low
he Given Wrhtea aodee of tiro t'hMp which Will ante On ease cud addreas of the
sew L.om 9e1riaer, the addreu t0 which paymem ibuld be made and any odor itttotm bm ROPA
regaira 15 GDWAW02 wide a notice of tratafer of servicity. If the Note if acid and IIer01RN the Lam 11
servlcad by a LOU SWOM COW than des: purchaser of the Nape, the mortgage laan urvicing oNipdm
t0 Borrower win reaasls wlt6 the Lon Se vices or be tra wl6t.ed to a stucco; Lou Servkzr and we sot
assn aid by the Note ptlrehalar tmlm od*Ms a provided by the Note purchaser.
NOMM Borrower gar Lmidar my conimtatee, join, or be joined to any judidai action (u cidw u
isfivk%W nthpat err die member of a dial) dat arises from the other party's actions parwm to do
Security ]nsutmmt Of 1111111110601 that rite oilier PAY hat Weadhed any provision of. or cry duty owed by
reaon of. this SWAY barinusm, Vail each Borrower a I.endw hu sodfied der othu peaty (witb such
notice given in eomplhsce with the requirements of Section 15) of such alleged bratb std aff riled the
Odd parq' Iitrao it rmaonabie pried d4a the giving of tseh notice to take cmrecfm atthios. if
Applhahk Law prow s lima period which must lapse before eauin actim coo be Calm n, that tine
PaW will be deaoed to be rwa -1 le for pwpom of this paragraph. The notice of aooelmll0m std
MPM91Y to tzre given m Berraw r Pw=m to ScCCM n and the notion of umicrsdaa given to
B-0- ptsawt 0 Section 18 WWI be doomed to satisfy do mice and opportunity to tape corrective
action psuvidoa of this Seetim 20.
21. Hasst *w Ssbltaspa. As used in this Section 21. (a) 'Huardoos Sigmasees" are mm
wbaomces defttad as UwJe or bsaasdow wbstancet. polluasts. or wastes by Sw4ronmmral Law and the
Mk-ft wletsaca: Ps.liae. kerosene, other flunsiable or tonic pdrolcvm 1 , corder poliddee
and herAcMu. volad7e aafft s. trrota(ds CoNs(ning asbeatos cc ftnuldshydc. AM radioocdvc materlah,
M 'IBuvlronMMW law' mews faderat laws AN laws of the 'm 0"
relate ao hailh. where the Property is located slat
U* a COVIMMUAW n protadan; (c1 'fimirm®estai deaolp' Includes any stmpome
110110", rseoed(al action, or raaoval action, as defined in Finvitonme tw Law: and (d) se 'Eadmiumw
Comdltim' nears a coollides tbat can Cause. contribme to, err otherwise trigger m Favirmner cal
1005967
e++.k
ataAl?AI to'wq err ,a., u , ?ane 7e7n IM
?a r
(Page 16 of 67)
0
0 ,
Borrower shat not cane or permit tie prsuthee, me, disImal. stwawe or slaw of any LLsrsrdodt
Sabo &n=. or duealM to reisom shy Knordes a Subsmres, on or io M ]s?n?petty Bonowa aluU out do,
oat show seyone else ¦a do. "ing off v1% the Properly (A that is to, viol . of say 8rnitosoewl
Lea. (b) which t relies m Eavirawaaral CaUlition. at (c) which. tide to the praaree, use. or rdswse of a
Huardmas Sobaooe, mum s coodibm that wNwady dkm are value of the ftVmy. The nreoWW
nun sarteaees shall not ismy to the uw, or map am the hap" of of small q?ssotities of
Haardoha Substances that art sal oeooanaed to be W rop we to normal setwoothll ewes and so
maimeamee of oho Property oditrg, nos H ahted M, hawdous substoom in cons ?a lxodh").
Borrower welt promptly give Leader written mice of (a) any Sian, chin, de uad, lawmk
or maim st7in by am to-nin nmtsl or reastlatoty agency ro pri party L?volvisK the and coy
1Laurdooa Substance or Emirostmawl Low of wMh Bonmrwr hoe Emil bow (b) gay
to - of my Huss as ?S1sisUUnce =0 (c) my cord-1 Biasing. la ft. ditsha[ae, release or threat of
by the praartA. as or release of a
bHundaa Substaea which advendy offiem the value of the Property. If Borrower tams, or Is notified
od uAsasdauro W Of oe.Yfeet V4 the pty. nor my Pd? party. ? nonooval or other trmediMioo
remedial atdoaa In aeoadmor with Burimmogral uW, ng herei laha(1 apoor any ?,
lAndcr for m GovttoaotrnW Mon, ? ?
NON-UNIL ORM COVLiNANTS. Borrower and i:.eeder farther covenant and agree u follows:
22. Amicrodoo; Ra-dlsw. Leader alma give Hotta to Borrower prior to acceleration fdbwk g
Bmrewer's brueb of my covenant or sunned In this Security toatrus m (hest amt prior to
etxderaeloa uWa So" 16 mks Ayyp?H%abk Low prgd6m otherwlu). leader 60 as"
Btareww of, camee other lhi= (e) the delaulq (b) the actlen reWAred to can the dtdhult; k) who
the defadt moat be nand; and (d) that falhae to curl the "sit a dill" sway raenk fa
cadaaUeo of the am second by this Stkrsrhy kokusau t, fondswure by al psaaedlog mad
-k of the Property. Lander ghee fertkw idocn Homer w or the right to eehrai"of crxderatton
and the HIM to eeavt in the fweaoeae lxoceelbae the iron-eldatace or a deOsott or uq oWa
ddraso of berrowa b seta ummon ad foroeloaue IC Nor dduk Is not evnd as npeciMd, Lander, M
Its option may rydre bamodiate poyosad to fal or oil ems mosred by this Swx* tommrst
without h tbw damned and may foreclose No Seeorky Lm.tr,medt by jWkia) preemsihm. leader
shell be mMtled is collect all aM mso hreurnd k Muft the rousestles WeAded to this Section 22.
tacddlaa, but not Baked to, attorneys' tees and cads of alts evidence to the cdont porosilied by
A e Lew.
23. Rel.na Upon paymc a of all tsmat waged by this Suavity looramoatt, dhis Stxurity laotrumda
gad the state eomveyed shall tesaeisate ad booms void. Area sock ocemrence, Leader stall dbcbasge
cod swHafy *0 Seeartry Irrctrrswrrrt. lorrower shah! pay my recorded- coca !.alder any ehax
Besrower a See for rw:U this Se;urhg lntrumard, but only If the fee is paid to a third party for services
cardered sold the CIM11109 of the fa u Prs AW under Apptirable Law.
24. Walvem tionower, to do e=q=l. gad by Apphh" 4w, waives and selasoa arty error or
Wow in precatdiop to enforoe HHs nmat. and bwft wsivee the haoeHt of ay, preodr or
am- Iwo providlot for stir of a acution. esraaion of tioa. eseaption from attachmuot. ley and oak,
gad Ralowets Pl ioC Borrower's time (o MWWte provided la 3cation 19 shall eoaood so oar:
[111OUr prior to the oaswasscem m of bidding at a sherifrs am or other sole purstarr a thin Sanity
26, Plarrhne balm" ibartPF. If any of the debt sectored by this Sawky brcuttmeat bleot to
Borrower 0 unglue title to, the Property. this Socar4 Itrtnsuent shall be a Purchase money ssorgage.
27. latesot Rah Attar 3adpond. Borrower plus tort go nisaco t rue payable after j)csWmw is
adored m dw Noe or ha as action of nostpp tareclnme shalt he dw rate payebio from cane to Haan
adder the Now,
1005997
014MPA) agog car 14 r IS ??? vosan 3038 101
(Page 17 of 67)
BY XONWG DEAN, Bmww aaa(pa and apm b the tams ud WVCM s aaW&bW hi this
Seagiq 1nlnanant and in am hider eaeentd by Borman and recorded with it.
Wituearrs:
?W [AAi?I Yl? (Bead)
Natwha Thous e«row
lap
(seau 0-0
4NWID.W -sene.u
ve;z J'O
/"? (Sa) (sell)
01mmes Thames go,ro.er .asnawar
(Sea) (Sell)
-bonowa 48 map
11105907
IftiA1rAI asm ?y 16M is F" 330!9 1101
(Page 18 of 67)
commm y "To OF me4snVAMW Cum
On ibis, dte A dry of August. 2006
mskn;pwam-.p-onsilysppesrod Nateschs Thomas
James Thooss
•
Coaoty M:
, bdorc mc, the
)mown to me (or
addK*)dy Ptwjm* to be for ptasoo(s) whose cama(s) islafo subscribed m dS widdA iuwmed std
aclomwhtdgsd dot hdsbddwy owmed the same for the proposes herein coaahfod.
IN WITNESS WHWWOP,1 hemmto set my hood oflio)ai test.
My commile u Espites:
atweerme h d Pow""
Osef?IlfboMsO.e?btSryPuhre
Cwbp !t ?C-ww pa ? a. am Tile orOlR?o
CerN1. K Rest oc p . do bmby mnity that
the ooext sddrosc of tha witbiawttted lQortgaEee la P.O. Boot 2026. Riot. BE 46!01-2026.
VVhaess my bsod dds 4th day of August. 2006
ANW oMM"Im
1005987
?.6A1?AI snw asp u r w Penn 3m 1101
Z/
(Page 19 of 67)
i t
In Witness Whemof, the said pa* oftbe fit part has henm o set his hand and
seal the day and year fast above written.
S IPLA wd Daswrod in *A Pn MCMC Of
*WaF. Peters
CERTIFICATE OF RESIDENCE
I hereby certify, that the precise resides of the ataotee herein is as follows:
332 Rmbury Road
NewrWe, PA 17241
Aflw.ey«ASer 11r d+e,ce
MEUN CLMNC
SERVICES, tt.C
311 N. SCOM FAR 1D.
Swrt 700
WWI COUN& M 1M03
COMMONWEALTH OF PIMMVANIA
SS:
COUNTY OF C u4x4#144 )
On this, the A day of , 2006, before me, a Notary Public,
the undersigned Qfilm, personally WAYNE F. PETERS, ]mown to me (or
satisfactorily Proven) to be the person whose name is subscribed to the within ke u ncM
and acknowledge that he executed the s for the purpose therein contained.
IN WITNESS WMEOF, I eraaoto set my hand and official seal.
Aa1??arlaitlMutArrra NOL" Nmk
Orwsdsetisa Mserft?usso '
L4*-v6ofm MOM on am am
(Page 20 of 67)
SCHEDULE "A^
LEGAL DESCRIPTION
ALL the following des *W reel carafe Wg and ben9 ailuale in Lower Mifflin Towrohip, Cumberland Count'.
PermsylwNa, referred 10 as Lot No. C more partlwladq described in accordance with SubdMalon Plan entitled
"final Subdtublon Plan for EO9ar S%W. Prepared by Eric L. Oiffenbaugh. Professional Land Surveyor, which
sald Subdl @km Plan has bean approved by the appropriate municipal authorba and is recorded in
Cumberland County Plan Book 78, Pepe 145, as tdiows•
BEGINNING et a set ragtoed spike in public road SR-0987 (Roxbury Rood) at comer of the wilhin deverbad
paroN and parcel 8 an the above referred to Subdivision Plan; thence aionp Roxbury Road, North 48 degrees
S7 mirM s 49 seconds Eset, 50.00 feet to a point, in line of tend now or formerly of Wayne F. Patae, which
Ian& the wilhn desu bad peroel Is being added to as a lot addition; thence along Peter' lards. South 48
degrees 20 mintft314 seconds ftaL 249.10 feet to a set Iron pin, In line of lands now or forreerly of Elwood R.
end David W. GuMWP thence along An* of lands of GulsftW, South 33 degrees 22 minutes 56 seconds West,
60.131W to a eat Iron pin at corner of Parcel B; therm along line of parcel B. North 48 degrees 20 mkhules 14
seconds weal 202-50 feet to the sal railroad spike at point and place of BEGINNING.
CONTAINING 0.2914 acres, in accordance with the above referred to Subdivision Plan.
BEING Parod No. 15-D5.0411.018.
RENO the same promises which Edgar L Shim and Lois A. Stum, husband and wife, by deed dated 00cember
31.2001 and reco led January IA. 2002 in CwOndand County In Deed Book 249, Ps" 4845.9 anted end
conwysd unto Wayne F. Peters, a single person,
UNDER ANO SUBJECT to building set beck limes, dedicated right of way lines and direr notations and
cond8lons as shown on the above referred to Subdivision Plan.
taru>sos-0oeot.c?a+D+e+?ooeo+n?
(Page 57 of 67)
ODUSTASLE RATE NOTE i MW 1002ea1001e6"017
(LIBOR Lade: - Rats Caps)
THIS NOTE CONTAINS PRO VISIONS ALLOWING FOR CHANCQS IN MY INTEREST RATE AND
MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN
CHANCE AT ANY ONE TIME AND THE MAXIMUM AND MINIMUM RATE [MUST PAY.
A" 4, 2006 NewvMe PA
(Dan) (Chy) (Sate)
332 Rosbary Road, Newdll% PA 17241
(Property Ad&m)
t. 5ORROWF.W9 PROMISE TO PAY
In return fors Ioan 4W I hrm rvotivad, I promise to pay U.S. f 100.MAO (this amctmt is called
'pincipal"), plus interest, to the order of the Lender. The Larder is Bquiltinyt CwWmd= . I will nuke ALI
payneata under this Note Indic form of cash, chock or money order. I undemttnd that the Linder o'+eY ttansfar this
Note. The Leader err anyone who takes this Note by tramfer and who is entitled to motive payments under this
Note is called the "Note Holder."
Z. INTEREST
Interest will be charged on unpaid principal until Cho fait amours of principal has beco paid. I will pay interest
to a yearly rate of 11-100 % The latest rata I will pay may chance in amoodance with Section 4 of the Noss
Tho interest rate rNuuod by this Section 2 and Section 4 of this Note is the rats 1 vnll pay both before and after
any, default desonbad in Section 7(B) of this Note.
3. PAYMENTS
(A) Thus and Placer of Payments
I will I will ?opal sad interat by maki:4 a payment every momth.
paid all o the pi ci on S inters err 20%
I will make ?? payments payments on the Lot have ofeach month
awry month twit I principal will 'appal sad soy other
charges described below that [ may owe wader this Note. Each monthly paymat iL be sppliad m of its ecledalad
due dote and will be twphod Co interest before principal. If ore August 1, 2036 I still own amounts under this
Note, I will pry those amounts in foil om that dote, which is called the "Maturity Date."
I will make my monthly payments at
EgdFlrst Corporation, 300 Forage Point Circle, Charlotte, NC 28273
or at a dif event place ifaquited by die Note Holder.
(B) Anonmt of my initial Meet* Paymeatr
Facb of my initial motth[y payments will be in the emoum of U.S. S 754.79 .
TLis amount may lunge.
(C) pGathly Payment Changes
Chamsas in my monthly payment will reflect changes in the unpaid principal ofmy ban and in die imtamt
rate that I most pay. The Now Holder will determine my new interest aft and the changed amount of Lay = *aft
payment in aooordtuce with Section 4 of this Nora
Multistate Adjustable Rata Nots-Ubor mdse
FFSISN(2=) (PannylvaniaVersion)
Loco Number 1005967 Page I of 4
Ioitiala
(Page 58 of 67)
0 0
4. INTEREST RATE AND MOOLY PAYMENT CHANGES
(A) Clia4ge Oaks
'I7ie fntpeit rate I will pay MAY cbattyc on Augod 1, 7411. and on this day every sixth month tbemafter.
Fach date on which my itaerest rate could choose is called a "Change Data"
(B) The Index
Beginning with the fast Qlange Dar, myy interest rate will be baud an an Indent. The "Index" Is the avenge
of interbank offered rates for six-month U.S. dotlar•denaminakd deposits is the London market ("LIBOR'). se
publisbed in The Waft S&vwJosrna4 The most recent index figure available as of the sing bughi as day of the
-1h irmoadiarly prarediog Use month in which the Change Date ocean is called the "Cwmw lnft%
if We Index is no kmW available, the Note Holder will choose a new index that is based upon comparable
information. The Nor Holder will give me aotiee nr m.i" rn,..i.,,.
(c) Calsalatlon of changes
WON* each Change Data, the Note folder will calculate my oew interest rate by adding 5790 pamontage
poiAU (3.710 %) to the C wren [admin. Tbt Now bolder will that roved the malt ofthlc addition to the mamma
ono-eillhde ofone percentage point (0.125%). StMeot to the limits allied is Section 4(D) below, this mended
amount will be my new inthaest mat until tim non Change Data
Ties Note Holder will then determine the arnount of the monthly paym a that watts be Wooieot to raw the
unPW substantially then l am expected to owe at the (grange Date is full am the Maturity Date at my new iskrest race
its a y equal payments. The rsmh of this calculation will be the Dew moment army monthly psymmat.
(D) Limits N Warmest Rate CYsages
The internal rate ) am required to pay c the first Change Daft will rot be gmsftr than 11390% or laa dun
83110 %, Thermfier, myy interest rata will never be increased of decreased on my single Change Data by mho than
one percentage pore (I.000SG) from the rote of interest I hove been psyiny for the prmoedint an mood a MY
interest rate will mevu be greater dam 14300% or [as d= We initial interest raft provided for in Section 2 of thin
Note.
(E) Effective Date etChange
My new interest ran wilt become effective on each Change Dana. 1 will psy the smouat oftoy new Maidbly
PsYment begitming oo the first trtonWly psymcet date after the Change Date until the ®omd army monthly
p"Numn changes again.
R7 Notice sf chaages
The Note Holder will deliver or trail to ms a notice of emy changes in my interest rate and rho amamt army
moodly Payment balers the effective date of any clump, The notice will include information required by law to
be given me and also tae title and telephone member DF4 person who will answer any question I may bave regrading
the notice.
5. BORROWER RIGHT TO PREPAY
(A) Prepayment I have the rWm to make payments at any time before they are due. A p"meot of principal only
is known as a "p?gaymcm". When I maker a prepayment, f will tell the Note Holder in writing I as daft so. If i
make a Now partial prepaymem, there will be no duanga in the doe date or in the amamt of my moony payment Oakes the Holder agrees in writing to those clutoges. My partial prepayment nay reduce die =--t of MY monthly
payments after the first Change Date following my partial prepayment, However, any reduction doe to my partial
prepayment may be offset by m interest rue increase.
(B) Prepayment Penalty
In the event, during the fast 2 years afterthe execution of this Nob, f make a props Mom ad the exceeds
twenty Poems (20%) of the original principal mmotmt of the, loop in airy twelve (t2) month p t will pay a
PrIPaY01" obaW in m hatemmt equal to mix (6) enaniha' sdrmce interest to the commas prepaid which in in excess of
twenty permew (20%) of the original. principal amount of *a loan within the twelve (12) Mond, paned The Note
Holder w(ll not assess a prepayment penahy after the tad anniversary of the dew of execution of this Note.
EF815N
Loan Number 1003987 Page 2 of 4 IoitialaL
(Page 59 of 67)
0 0
f. LOAN CHARGES
If a law, which applies to and which seu maximum loan charges, iaay Warproted as tint the
interest or other loco chs" collxtcd or to be collauad in connection with this tom exceed the permitted limim
then: (f) any such lots charge &all be reduced by the amour accessary to reduce do charge an the parmiWA limit,
and (h)say sums almady eolketed from tae wbkh exceeded pamiuctl limits will be refunded to me. The Nom
Hofdcr may chose to make This M&W by reducing the principal I owe urdor obis Now or by making & dhw
payment to me. Ifa refund roduces principal, the reduction will be treated as a partial prepaymomL
7. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Lak Charge for Overdue Payments
1f the Note Holder has not received the full amount of any monibly pnym4w by the and of 15 coleadsd days
after the date it is due, 1 wilt pay a lass charge to the Note Holdec The omoum of the ehW, will be 3A0 %of my
overdue pays W of prioeiyal and interea I will pay this law charge but only once on cub late payment
(8) Defaun
If 140 not pay the full amount of each monthly payment oa the due it is due, I will be in default
(C) Native of Default
If 14111 is defwh,11115 Note holder may sand me a wrium notice telling me that if l do not pay the ovadae
amount by a amain data dike Now Holder may requite ma to pay immWiW* she full amonnt of principal which
ban not bum paid and all the interest that I owe on that amount. 'floe[ due must be at teW 30 days after We date on
whkb the nolice is mailed to me or delivered by other meats
(D) No Waiver By Note Holder
Even it at a time when I am in default, the Now Holderdoes not repire me to pay immediately in full a
described above, the Now Holder will still have the right to do so if I am in default at a later time.
(E) Payment of'Noto Holdoes Costs and Expenses
If the Now Holder has required ma to pay in &11 o described show, the Now Holder will have the right to be
paid beck by no for all of its costs sad expenses in enforcing this Now to the extent act probiblaed by applicable
law. Those wWcn es iodude, for example, reasonable smomoye fem.
L GIVING OF NOTICE$
Ualase applicabfe law Mullet a diff"Int method. Say notice list must be given to me under this Now will
be gr??s by deiulveeing it or by mailing it by fast class mail to swag the Property Addmss above or st a diffis. t
addrda if I give tbeN m Holdera notice of my difEmm addrtu,
Any wtiee that maxt be given to the Now Holder unda this Now will be given by delivering It or by muffing
it by fust clue snail to On Now Holder at the address awed in Section 3(A) above or at a difianot address if I an
given a notice of shat dilfaent address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
Itmorethan one polo I signs this Now, each penman is fully and personally obligated to "all of the
promises trade in this Note, including the promise to pay the full amount owed Any petaom who u a gramme,
ninety or eudi not of this Note is also obligated to do these things. Any person who alma over these tabligatiome,
inetedrng the obiigadom of a ghrnator, surety or trhdoraer of this Note, is also obligated lokeep all of the pnamiars
made in this Note. The Now Heider may oaflxee its Tipts undw [hie Note against tub pen *AIM dtmlly of
a aunt a0 of ul loS ather. Titio taoarnl mat any one of as may be required to pay III of the amomnts awed huder this
l a.
10. wArmw
I and arty ether person who has obligations under this Now wain the righq of paesrarmtem rood to do o of
diabomor. "preaemtmaot• wow e die riot to require the Now Holder to demand psymom of amomou dun. "Notice of
dishonor moans du right. to require the Now Holder to give notice to other pcrsmu that au studs due have not been
paid.
MISN
Loon Number I D05987 Page 3 of 1 Iaitiala
(Page 60 of 67)
11. UNIFORM SECURED N
This Nee is a unifona iniNFAM with limited variations in aormajudad.in addition to the ptowtious
liven to the NOW HOWcr under this Note, a MOngagc, Decd of Trtut or Security Deed (the "Security hei utnext").
dated the same date as this Note, cm the Note Holder born possible lesson which aught rwak if I do not lamp
the premises that I male; in dtit: Note. That Security Instrument desenba how sell trader whet caaditioes I maybe
required to make immediate payment in full of all amounts I owo under this Note. Some of those conditions we
descried u follows:
Transfer of as Property or a Banelicial Interest to Bormwer.lf all or any pan of the rmperty er any
ietapt in 16e Property is 60141 or tamsfenvd (or if borrower is trot a natural person and a batel'ie d 'interest to
Borrower is sold or onasfarad), without Laedera prior wrinan coamnt, Lewder may, at Its option, cognac
imtoedide payment in W1I of ail maims secured by this Security latm rrtent, However, this option ?s0 wt be
eaterciaed by Larder if exercise is prohibited by Applicabk Lsw. Lender also dull m exercise this opow if. (a)
Bamwer cum to be tmbgtitted b l ender'mforaution rrceqTus by l: mdrs to evaluate tbo insenW irsasfaeeacif
a craw loan were beinj made to tbo oamfatui and (b) Umderrressooebly detamtinos that Lxs?der's so=* wM got
ba ierpabarl by the roan aaaumpdOn and that the risk of a brLaelt of fury cuvcnsmt of agtaaxatt lot tbia Security
lastrurmatis soceptabk blander.
To the extent permitted by Applicable Law, Lender mey charge a rusauble fee a, a condition to Lendars
comseot b the bag awuaptiols. Lender cosy elm require the Iraasferee to sign sn tramptimr gpuemugt that 'r
ut>"Le to Larder and that obligates dun trarsferce to keep all the promises mad sammwrus made in the Nuts and
in this Security lrabrratag. Borrower will continue to be obligaxod under the Note and this Security htaautamt
unhoa Leader rehouse Borrower in writing.
If Leader exxaeion the option to require immediate payment in fall, Leader d WI Siva BrumvKr aetiee of
acceleration. The malice *All provide a period of not lea than 30 days from the date the notice is given io
accordance with Section 15 within which Borrower must my all sums secured by thin Scou ity ittauoumL If
9orrowar fails to pay these neat peiar to the expiration of this perled, Leader may ievdoe my remedies permitted
by ibis Sect rity Instrumma willwut further notice or demand an Borrows.
"WT1'NESS THE HAND($) AND SEAL(S) OF THE UNDERSIGNED"
(Scup
(Sod)
Nataseha Thoeus -tlostarrer -garoew
(S-1) (Seel)
.Borrow -noncan
(Seal)
EF51SN
Low Number 1005987 Page 4 of 4 loitiak
(Seal)
(Page 61 of 67)
• 0
ADJUSTAC RATE INTEREST RATE &R &
PREPAYMENT PENALTY Addendum to Note
This AMSTABLE INTEREST RATE FLOOR k PREPAYMENT PENALTY ADDENDUM! is made this 41h day
of August, 200ti, and smeods the Note in the anotud of U.S. $ 100,000.00 dated the lame date and pvea by dw polaoa(s)
wlro signs below (the "Borrower(s)") to EquiFiret Corporation (the "Lander).
In additicit tD ells agrcami;m and ptovisium mado in the Note and the Secur* lnnirunicot, and ootwithnandotg -Y
provitioas so the contrary mdaiaed in mid Note or the Swurity loa rimimt, Loth the Borrower(s) and the Landes !lather
.arm m fellows:
ADJUSTABLE MMUST RATE FLOOR
This low hu as Intersu Rate `Floor' which will limit the mount the Intent! Rate em decrease. Regardless of any
chi m po ion the imdwc, tic Interest Rare during tho tam of this bm will nover bo ktn than dw in"lmerat Rate provided
for in Section 2 of the Note.
PREPAYMENT PENALTY
In the eveoL dutiog the lost 2 yem afro the enceution of this Note, l make a pmpaymed and the pmpsymmt
ea0666 rimly peon (20%) of the original principal amount of the boo in any twelve (12) month pewd., I will
pay a pmpaytnemt d?urge in u amount equal to sic (6) maodW advance interest on the amount pmpmd which is in
.moon of twenty percent (20%) of the origimd principal amount of the loan within the wslva 12) month period.
The Note holder will not assess a prepayment penalty alkr the 2nd amnivwssry of the date of aecution of ibis
Note.
40a w
Nataaths Thomas
1005987
en" (12"
PLUESE, BECKER & SALTZMAN, LLC
Attorneys at Law
ROB SALTZMAN •
RSaltzman(a pbslaw. ore
SANFORD J. BECKER
S Becke r(a?pbsl aw. ore
ROBERT T. PLUESE
RPluesenpbslaw ore
ROBERT F. THOMAS •
RThomas(a.pbslaw. ora
20000 HORIZON WAY
SUITE 900
MT. LAUREL, NEW JERSEY 08054-4318
(856) 813-1700
FACSIMILE: (856) 813-1720
PENNSYLVANIA OFFICE:
425 COMMERCE DRIVE, SUITE 100
FORT WASHINGTON, PA. 19034
(215) 546-3205
OF COUNSEL:
Katz, Ettin & Levine, P.C.
The Law Offices-of Barbara A. Fein, P.C. •
• PA and NJ Bars
Our File #84050
Please reply to:
Mt. Laurel, New Jersey
March 6, 2008
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official notice that the mortgage on our home is in default and the lender
intends to foreclose. S ecific information about the nature of the default is rovided in the
attached pages
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM HEMAP may be able to
help to save your home This Notice explains how the program works
To see if HEMAP can hel ou 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
our County are listed at the end of this Notice If you have anyquestions 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 ass_o_ciationmay_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.
HOMEOWNER'S NAME(S): Natascha Thomas and James Thomas
PROPERTY ADDRESS:332 Roxbury Road, Newville, PA 17241
LOAN ACCT. NO.: 2375082
ORIGINAL LENDER: Mortgage Electronic Registration Systems Inc. as Nominee for
Equifirst Corporation
CURRENT SERVICER: Franklin Credit Management Corporation
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR
HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE
PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE
FOR EMERGENCY MORTGAGE ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND
YOUR CONTROL,
IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY
THE PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary
stay of foreclosure. on your_mortgage_for thirty (30) days from the date of this Notice. During that
time you must arrange and attend a "face-to-face" meeting with one of the consumer credit
counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR
WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY
MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE
PART OF THIS NOTICE CALLED"HOW TO CURE YOUR MORTGAGE DEFAULT"
EXPLAINS HOW TO BRING YOUR MORTGAGE 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 counseling agencies for the county in which the property
is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face
meeting. Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the
reasons set forth later in this Notice (see following pages for specific information about the nature
of your default.) If you have tried and are unable to resolve this problem with the lender, you have
the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance
Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency
Assistance Program Application with one of the designated consumer credit counseling agencies
listed at the end of this Notice. Only consumer credit counseling agencies have applications for
the program and they will assist you in submitting a complete application to the Pennsylvania
Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days
of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF
YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS
LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY
AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited.
They will be disbursed by the Agency under the eligibility criteria established by the Act. The
Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives
your application. During that time, no foreclosure proceedings will be pursued against you if you
have met the time requirements set forth above. You will be notified directly by the Pennsylvania
Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO
COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage
Assistance.)
-HOW TO CURE YOUR MORTGAGE D-EF-AULT-(Bring it up to- date).
NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your
property located at 332 Roxbury Road. Newville PA 17241:
IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS of $891.53 since the April 1,
2007, to the present and the following amounts are now past due: $11,589.89.
Late Charges: $264.18
Escrow Advance Balance: $242.66
BPO/Inspection/Property Preservation: $95.00
Available/Unapplied Funds: -$40.43
TOTAL AMOUNT PAST DUE: $12,151.30
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 $ 12,151.30, 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:
Name of Servicer: Franklin Credit Management Corporation
Address: 101 Hudson Street, 25th Floor, Jersey City, NJ 07302
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.)
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_y_011_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 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 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 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.
HOW TO CONTACT THE LENDER:
Name of Lender: Franklin Credit Management Corporation
Address: 101 Hudson Street, 25th Floor, Jersey City, NJ 07302
Phone Number: 201-604-1800
Fax Number: 201-604-4510
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,_prov_ided 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 TIMES
IN ANY CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE
DOCUMENTS,
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH
ACTION BY THE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
ARE ATTACHED.
M
7160 3901 9845 5309 3638
To?iatascha Thomas
32 Roxbury Road
ewville, PA 17241
I
i ?
SENDER: Je
REFERENCE: 84050acts
e'
PS Form 3800 January 2005 b38
RETURN
?
• e C,3?q
RE
RECEIPT
SER Certifi
q5 •
VICE Retu 9oy
Restrii ?ybo ? • .00
Tots) P 0.00
us Postal Service POSTMARK OR DATE
Receipt for
Certified Mail
(e
No Insurance Coverage Provided ?C
i Do Not Use for Intem6onal MaB
7160 3901 9845 5309 3621
Tojames Thomas
332 Roxbury Road
Newville, PA 17241
SENDER: je
REFERENCE: 84050acts
PS Form 3800, January 200 • 32
. ? 9 3b21 To-
RE RE URN _ c 30 0
S y 9x45 ' ?. • . o
?yb0 3q0 • 0.00
ees 0.00
US Postal SerVics POSTMARK OR DATE
Receipt for
Certified Mail
No Insurance Coverage Provided
Do Not Use for Irnemational Mail
V3
lJ? ? ?
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2008-02536 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
FRANKLIN CREDIT MANAGEMENT
VS
THOMAS NATASCHA ET AL
R. Thomas Kline Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
- --- but was
unable to locate Him in his bailiwick.
He therefore returns the
the within named DEFENDANT
332 ROXBURY ROAD
NEWVILLE, PA 17241
THERE WERE NO OTHER OCCUPANTS.
, OCCUPANT
NOT FOUND , as to
Sheriff's Costs:
Docketing
Service
.Y/1H/0-- So answers: j 6.00
Not Found
Surcharge
?'.
.00
5.00 R. Th as Mine
10.00 Sheriff of Cumberland County
? 21.00 PLUESE BECKER SALTZMAN
05/12/2008
Sworn and Subscribed to before
me this day of
A. D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-02536 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FRANKLIN CREDIT MANAGEMENT
VS
THOMAS NATASCHA ET AL
WILLIAM CLINE
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
THOMAS NATASCHA
the
DEFENDANT , at 1737:00 HOURS, on the 9th day of May , 2008
at 332 ROXBURY ROAD
NEWVILLE, PA 17241
NATASCHA THOMAS
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: So Answers:
Docketing 18.00
Service 28.00 'r
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
S/?y?6P ? 56.00 05/12/2008
PLUESE BECKER SALTZMAN
Sworn and Subscibed to By: _
before me this day Deputy Sheriff
of A.D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-02536 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FRANKLIN CREDIT MANAGEMENT
VS
THOMAS NATASCHA ET AL
WILLIAM CLINE , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
TTSnM'A C .77%MLIC the
DEFENDANT , at 1737:00 HOURS, on the 9th day of May 2008
at 332 ROXBURY ROAD
NEWVILLE, PA 17241 by handing to
NATASCHA THOMAS, ADULT IN CHARGE
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
5/Iy?D P ?/ 16.00
Sworn and Subscibed to
before me this day
of
So Answers:
R. Thomas Kline
05/12/2008
PLUESE BECKER SALTZMAN
By.
Deputy Sheriff
A. D.
Pluese, Becker & Saltzman, LLC
Robert F. Thomas, Esquire
Attorney Identification No.: 70206
20000 Horizon Way, Ste 900
Mt. Laurel, NJ 08054
(856) 813-1700
Attorneys for Plaintiff
FRANKLIN CREDIT MANAGEMENT
CORPORATION
Plaintiff,
V.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
oS - as3,? `'T'
NATASCHA THOMAS (RECORD
OWNER AND MORTGAGOR) AND
JAMES THOMAS (MORTGAGOR ONLY)
Defendants.
CIVIL ACTION
COMPLAINT IN MORTGAGE FORECLOSURE
NOTICE NOTICIA
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE
CLAIMS SET FORTH N 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 THE WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED
THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A
JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT
FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR
ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY
LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER
IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER.
LE HAN DEMANDADOA USTED EN LA CORTE. SIUSTEDQUIEKEDEFENDERSE
DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED
TIENE (20) DIAS DE PLAZO A PARTIR DE LA FECHA DE LA DEMANDA Y LA
NOTIFICACION USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN
PERSONA O POR ABOGADO Y ARCHI V AR EN LA CORTE SUS DEFENSAS O SUS
OBJECIONES A LAS DEMANDAS ENCONTRA DE SU PERSONA. SEA AVISADO
QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE
ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO0 NOTIFICACION 0
POR CUALQIER QUEIA 0 ALIVIO QUE ESPEDIDO EN LA PETICION DE
DEMANDA. USTED PUEDE PERDER DINERO, SUS PROPIEDADES 0 OTROS
DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE
ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA.
ESTA OFICIANA PUEDE PROVEER DE USTED LA INFORMAC16N SOBRE
EMPLEAR A UN ABOGADO.
SI USTED NO PUEDE PERMITIRSE A LA IRA DE H A LA CAPA, ESTA OFICINA
PUEDE PODER PROVEER DE USTED LA INFORMACON SOBRE LAS
AGENCIAS QUE PUEDEN OFRECER SERVICIOS JURIDICOS A LAS
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
1/800-990-9108
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
1/800-990-9108
TFWE COPY FROM RECORD
to Testlnlony whered, I pore unto set my t"
wa of said a>Itw • Pa•
r y
CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE
1. The Plaintiff, Franklin Credit Management Corporation is a corporation
having been organized under the laws of the United States of America and having its principal place
of business at 101 Hudson Street, 25`h Floor, Jersey City, NJ 07302.
2. (a) Defendants, Natascha Thomas (mortgagor and record owner) and James
Thomas (mortgagor only) are individuals whose last known address is 332 Roxbury Road, Newville,
PA 17241
(b) Defendant, Natascha Thomas holds an interest in the subject property as mortgagor
and record owner. Defendant, James Thomas holds an interest in the subject property as mortgagor
only.
(c) If any of the above named Defendants are deceased, this action shall proceed
against the deceased Defendant's heirs, assigns, successors, administrators, personal representatives
and/or executors through their estate whether the estate is probated.
3. (a) The subject mortgage (the "Mortgage") is described as follows:
Mortgage executed on: August 4, 2006
Mortgage recorded: August 14, 2006 in Mortgage Book 1962, page 1579
Mortgage re-recorded: December 11, 2006 in Mortgage Book 1975 page 4296
County of. Cumberland
See Exhibit "A," Note and Mortgage.
(b) The Mortgage encumbers property (the "Subject Property") located at: 332
Roxbury Road, Newville, PA 17241.
(c) The "legal" description of the Subject Property, expressed in metes and
bounds, is incorporated in the Mortgage. See Exhibit "A," Mortgage.
4. The requisite pre-foreclosure Combined "Act" Notice has been sent to the
Defendant(s) by regular and certified mail as required by 35 P.S. § 1680.403c on the date(s) set forth
in the true and correct copy of such notice(s) attached hereto as Exhibit "B".
5. The Mortgage is in default (the "Default") because the Defendant(s) failed to
timely tender the monthly payment of $891.53 due and/or to be applied to the payment due May 1,
2007 (the "Default Date"), and thereafter failed to make the monthly payments.
6. Pursuant to the terms of the Mortgage, the secured loan obligation has been
accelerated.
7. By reason of the foregoing Default, Plaintiff respectfully requests entry of judgment
in rem incorporating the following sums:
(a) Outstanding Principal Balance $99,348.93
(b) Interest due and owing at the
rate of 8.30% calculated from the Default
Date through April 4, 2008.
Interest will continue to accrue at the per diem rate of
$22.59 through the date of entry of Judgment in rem. $8,291.10
(c) Attorneys' fees $1,250.00
(d) Escrow Advance Balance $242.66
(e) Title Search $333.00
(f) BPO/Inspection/Property Preservation $95.00
(g) Release Fee $25.00
(h) Available/Unapplied Funds -$40.43
(i) Late Charge Balance $264.18
(j) Delinquent Real Estate Taxes Paid For $1,336.20
By Plaintiff
TOTAL INREM JUDGMENT SOUGHT BY PLAINTIFF $111,145.64
8. 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
Sheriff's Sale. If the Mortgage is reinstated or satisfied prior to the Sale, reasonable attorneys'
fees will be charged.
WHEREFORE, the Plaintiff demands:
Entry of Judgment in rem against the Defendants above named in the total amount of $111,145.64
as stated at Paragraph 6, plus all additional interest, additional escrow advances expended, additional
late charges and any other costs incurred through the date of entry of Judgment; and
Foreclosure of the mortgagors' equity of redemption and that of any persons or entities holding or
claiming under them and Sheriffs Sale of the subject mortgaged property.
Respectfully Submitted,
Pluese, Becker & Salt LC.
By:
Robe F. Thomas, Esquire
Attorney for Plaintiff
NOTICE REQUIRED BY THE
FAIR DEBT COLLECTION
PRACTICES ACT, (the act),
15 U.S.C. SECTION 1601 AS AMENDED
To the extent the act may apply, please be advised of the following:
1. The amount of the original debt is stated in paragraph one of the Complaint attached hereto.
2. The Plaintiff who is named in the attached Notice to Plead and Complaint is the Creditor to
whom the debt is owed.
3. The debt described in the Complaint attached hereto and evidenced by the copy of the
mortgage/note will be assumed to be valid by the Creditor's law firm, unless the Debtor(s), within
thirty days after receipt of this notice, disputes, in writing, the validity of.the debt or some portion
thereof.
4. If the Debtor notifies the Creditor's law firm in writing within thirty days of the receipt of this
notice that the debt or anyportion thereof is disputed, the Creditor's law firm will obtain verification
of the debt and a copy of the verification will be mailed to the Debtor by the Creditor's law firm.
5. If the Creditor who is named as Plaintiff in the attached Notice to Plead and Complaint is not the
original creditor, and if the Debtor makes written request to the Creditor's law firm within twenty
(20) days from the receipt of this Notice, the name and address of the original Creditor will be
mailed to the Debtor by the Creditor's law firm.
6. Written request should be addressed to Pluese, Becker & Saltzman, LLC 20000 Horizon Way
Suite 900 Mt Laurel, New Jersey 08054.. Attention: Rob Saltzman, Esquire
VERIFICATION
The undersigned, an authorized representative for Franklin Credit Management Corporation, the
instant Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint in Mortgage
Foreclosure are taken from the records maintained by the Plaintiff and reviewed by the
undersigned who has personal knowledge and access to the business records of the Mortgage
held by the 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 18 Pa C.S.A. 4904 RELATING TO UNSWORN FALSIFICATION TO
AUTHORITIES.
DATE: `DA (b BY:
Nam
Title:
Loan No. 2375082
(rage a of 67)
9
M-UmWis EgviFirst Corporation
1.wtderYa Corporation
orsoraad and existing wrier the laws of North Carolina
Leeler'seddressis 500 Forest Point Circle, Charlotte. NC 28273
M 'None" mere the proeahaory sots dyad by Borrower and dared August 4. 2006
TbeNorcsta=11m lurruvreroweaL.adorone hundred thousand and 00/100
Ddlaes
(U.S. 5300.000.00 > plus )merest. Borrower has promised to pay this debt in regular Periodic
Psysown end loply the debt is gill ad later than August 1. 2036
(i) 'Ptvpafy' waw the propatr )hat is described below under the heading 'Tmmhr of RWn In ma
may'
(ter 'i?' mums rte delft widmced by ebe Nape. phs haerm, any prtpaymew charges and Isee charges
den under me Nose, and all macs due tinder dtis Staff" Insattmem. phs Intent.
(BD "RWkW moor elf Ridon to this Security Intrrmeac drat are atowtod by Borrower, The tollowine
Riders we to be asewead by Borrower (meek boa a spplinblel.
A4PStable Rate Rider Cordominiom Rider Second lime Rider
BeHoon Rider Planted Unit Dwelop net Rider 1.4 poorly Rider
VA Rider Biweekly Payment Ride ? Odta(s) fapa*)
ARK Floor/ Prepay Rider
(9) "AypNe" Lew' memo a• aowedin appliatbie hdeesl, siaw std local swum, tttNoiMI*M.
vrdbs and adodslasradve rota aid orders (tern hart the effect of iaw) as wdl ¦ all appik&kl 6oai.
NOW bbk vial opiniona.
P) twig AmodriOom Dear Tees. and Anaomatu• towns aN dam fete, nseaameate and odter
IN acs ddt w ist)osed as Borrower of the Propeny by a eoadominiom mociarim hemteowspa
association or thaw a rpw=fi n.
(IQ 'Na anete Floods Tr= wW means any awkr of funds, ether: M a parsardoa orl8irsetd by
eaaek, daft, or "Mat ppr kobwoeet. wN& is lrydawa dwmyh an dedrasie awro(ad, htaphode
isasrmoeml, ta)tttp)mr, or stagnedc tape so as to order. kstrat4 or aafhar n a financial ins dasioo as dobit
a credit as WMWV. Shah nom i0¢ipdes, bur is not Natiaed to, peinofsale pacaI . 901011021e6 WNW
macMa passudons, passion hddamd by adephora, win tnaska, and » asomsead doarbgkawe
(14'Unerw how' mew these hums tat ere described in Seedon 3.
(DO lbOndleraaaa Promo de smas any ccompouasion. walamatt. award of di nuea, cc pps0co0di paid
by any t)tk+d pony (osier Ow insurance proceeds poid order site aovenges described In Saerioa s) lino i11
dump so, or deseracdort of. the Pte)pmty- (f) coadeatn IM or OdW talotg of all Of noy pat Of 00
paoperty, (iii) oonvoym is Kew of coodemeadon. or (iv) mimpraeeodoss of, or oroiadons as R k tier
wales otdlbr C redid" of tier Proem,
A Nmw pp his onowe means i0itrm Pmmc P4 i esdtr apron the wapaymeat at, or defartt eta,
the LONG.
(09 "Medic Payment' mesas the n:Vdady sabodelad amom doe !br (1) principal and iaaaaert under tin
Note, pha (ii) rg ateocrnts miler Andoe 3 of this So" Iwomeaat.
3005087
rrarn
t®•eArAt moor ww r r +s , a fww 2039 tAt
(Page 5 of 6?)
• i
Q)'RMA• eaou Am lid 8ote Sod==* Ptooedim Act (12 U.B.C. Seadom 2601 at Pq.) aM ilt
"We
at =W be nowded Mae dm to
dais. a MY _W tee l _ ?ar?egWniatt tltit pver?Nt some Ir*d eW , At wed
k Ikk 11 "k to a 'fed.rtl? da ed
Pl
od mttpp IoW cues iifo do Lout does rot quality as a "fdardy Wated ? wwVW
?
icon' ceder A.
(Q)'Semta w b leeeee - of Demurrer" seam soy party do bee ruses tine tb me P.*Mty, whodw or
not tau PM ku asnroed Doi won's obligedon raider de)iete "or this Security babamaL
TRANSPBR OF RX*M IN THE MOPEM
This Sassily halrom a secmes w Lender. 0) tae mpsymeet d tie Loan, sad sop ranetvala, 40120i0116 tad
etadl6atI I of do Noe; and (ii) the per(ontw of Borrower's eavenmw and eSmem w under d3?
Sgwrhy blattemuM ad do Notts. For this pmpoa. Bornvaw does bereby mortgage, Vast and ooevey to
MW (eeleb a• Mosinee for LmWw and LoOer's s wumors and asdgaa) and to On sawamoss and
recipes of dE1tS, the fallaritig deuxSbed prgarry loraaed io the County [iyeed%sam*%Jvdadlaa.)
of Cumberland ph-ofRUWWSJaiieiC
See Attached Exhibit A
stkb arteony has nee okkw of 332 Roxbury Rold
Neavi l l e Ic iW, Pennsylvania 17241 IZte camel
(*Pwpaty Addtras7:
TOOMM WIN aU tae improveaerares am or bwMAar Waded am doe pmpany, and an
glima
-IM ,sbalt sows ba oo+ar?ad firom now or benraJler ¦ Pert of to AN sphommeM and
td
by dids Severity hanums. A11 of the ?ir left rad to Is Oft
1eSe?e/ "log lNt as *a 'Pmpesty.- Borrow oedardmads and fines drt holds 0* lepi tide
LetmreM CL by Bortos er in dis Sat" lsum t, bat, if oeaeaty so mtxpty WIM Idw Of
owtam1. MUS ON oomiin for ) fldn sad Lades a m ossfact mad ?q ) has de tWM to eseeiee ANY
or d1 of droes inwasm. hdWft. but cot liodrad m, tae ftht so for ose smd no &a Properly: and to
Was MV SWOM ragalred -Of IMWW ft=Wig. but mot limited to, tekWq and aoceft this Seaeity
INWAMd.
1005!87
®-eArAImmi ry.awis Pa,wam trot
(page 6 of 67)
0
BORROWER COVENANTS dat Boaoww is lairfWy seized of Ow adMe hareby esmsyed cad bar
the A& is raortpp, pat end cs'nKy the hope" and the the Propeny is vatacutw d. eaoept for
arasallsmon of nwrd. Berwau warrans sd will ddard pteispy the dde to the property spbust all
deloused demands, nhjod many eauumbraeoes of io n, .
THIS SBCURrrY INSTRUMENT combimx umifmm eovenasu for sutionl vas and soa-osdfmm
oovssaw wilt Radval vaisum by Jurisdiction to eoaduas a sdfam security btastt meet combat reel
UNIPORht COVENANTS. Bxsowrer and Lander oowaast and ages as fellows:
L pspumh of fri ciloot, 3saeel, Becron !seas, Mgayment Cbsrpe, and Lae CbwpL
Bananas shalt pay when des the prhidpal of, sad latersn on, the debt wvWmcod by rise Near and any
I IP10 'M - I rtI and We MIMPOK due under the Note. Barone: doll also pay tads der Evetow Naps
Itrwam CO Secdsn 3. Peymesp due under the Note and Ibis Sat'urby to wino al ahaR be suds Is U.S.
wn mq. However, if way ebeek or other iesnnanem raoeirad by lssdr m payment under the Mme or sir
L%0M tp Insttunan 4 rmrrued tD Larder utrpsid, Leader may again tbu say a ell adleegaa) psyms-
dw ander dw )lore erd this 3waity tasnurem be made in ore or are of the fo kmft forms. as
seteaed by Leader. (a) auk: (b) sway order; (c) tormied deck book cbo&. mcnoxer's check or
cashier's check provided eery web deck B drawn upon an uadmim whose deposits one lsaaed by a
fi+dors, sp.oy. k@Wmo relisy, or mtlty; or (d) Electeonie puss Traafer.
Hymn a an dead s=Mvrd by Lender when rs'ee{ved at dos loeaden da gmea d is the Noes or at
web other leonroa as any be dullpmed by Leader la accmdsom wbh the natiee VmM m is Seodua 13.
Lender May rases and payment ar partial prymsst if the psyas, a partial payments are (aafdaieot on
bft Me Lau arrant. Linder may occW say paystml or partial Wyment iswBitdw to bring the Lana
ouunmt, wybout waiver of say rijlss hsemuue I or prejrdce to is dillas to n:Me rich pan" or per"
payments In 69 Aulum, but Leader is not eMfpsed to apply tads payments a de dean each palms- ace
atm*m& H ands Nwiodlc payment Is applied as of ma whedaMd das dose. than. Lender rand as pay
iwseet a uat Wkd (leads. Leader say bald nab uwppilod fads nazi! Bmroww moloss payauent to kiwi.
the Loss ease a. It Borrower doss as do to wbMn a reasonable pariod of time, Lender shell decor **
W& UMudt Cr MM 010 10 Dwamer. If oat applied sailler. Much Ilatds will be q*W in due eetstooft
prlaeipel baoaos' Hader dm Nose humodloody price to Iheeelesers. No et6st or clam whisk Borsv.er
MEW have 0aw or In the !bars tuplat Lander MR relieve Borrower ftum malft psyme- due under
the None and dds Swaft )newest or pubnu g the twva um and ajretaats saunad by dds Se moty
ieosruawt.
2. Ap'plicatiea of Paymeale or Feues'ede BRNO a otherwise described In dole section 2, all
psymeew accepted end applied by I.errder shag be spplisd In 1M Mosd% order of ptiorby: (a) Maness
due uudw the Nom: (b) principal des' cadet else Nett, (a) emosmu des odor Beefim 3. Sash ps"W"
shell be spoiied on a&& Periodic Hymen is do order Its which it berme doe. Any Mub tR MOMS
shall be sppNW first to Las aunts, woad on my voter aamute due order this Secorky Iwaums m. and
then to ndm As principal Whooe of the Noss.
If Lauder modves a payment Ilom Boeoatr far a delinquent Periodic Hyuawt which mchni s a
sufficient sworn b pay say less dw p dra, dw peymast may be MW a the ddkgmm psynat and
ells' lets CWW. It more toes an Hskudie payment is cmastw ft. Lander may apply eel poyma d, teab s
tram Berrewer to On repayment of the Periodic Paymssts if, and to the astam that, each payment
10069!7
sears
?? anew ?sr s r ss F. 7a7a 1101
. (Page 7 of 67)
cao be pad in M. To dm amtaa oat may Mom Ctim aft the pymmt is aP911811 to do fall Pwpoen of
ode or moor Periodic hymen. ateb mm my be appliod to aq I= dAw due. VoWmuY
pmpgaadta doll be applied &a a mW pfcprpwm d wqp ad tos a descdW in dw We.
"W sppirntios of prymwsk iom"m proceeds, or misumumom Proom& to prindw doe mder
the Now sWI not egead or postpode the due due, or troop the am , . of tin Palodic Paymmn.
3. Fns& far Lasw Itaw. Bonowu shall pay a Lower on der dory Pwkdi9 Fgmwn am due
silo the Note. nail do Nom Is pd is MR, a sm (Mt •Pmodh to provide for pun" of sours due
for (a) tame iod as ammettb std oiler hors w" ca muds ptionly over an Scm* Imawmar a s
Iles of ewombneoe an dw Phopmrty; (b) ImuWd peroaraa or pound rows an to Plopeee3. N sty: (e)
promilo s for aq add all lmwm m nrlp nd by Leader udder Section S, and (d) Manpp br wwm
pnwbuz d. If may. or my srmt pay" by Borrower to Lsdida In lieu of d0 I q of mwtpp
Indsrrou pramimm is wcordmc wilk do provision of Swdm 10. Tbaa 31sos are Called "Famw
Itwu.' At adlisadon or at arty dear &wkj die seam of the Lam. LwAw may require do Gnrnnmdb
Amociamion DwL Fame, ad Aunmwu, if sq. be atxowed by Borrower, add dash dues. foss and
assaawaars airl! rx a Eeoow hu. eoeaww shmB pros?pty Iloerddh to Lander au lwtiora of amaom b
be paid nda this SoedaL Bamwsr doB pay Leader the Amdr for PArvw Ions anlat Lender waives
Sonowmes obtiptiod to py the Pudds for my or all Estrum Raw La dw may w4l" Sons-,6
ddigatioa b pey p I.eoder Fords for ¦q or all Escrow Item Many tbne. Any ma waiver mq only be
In writhe. In the evau of such waiver. Borromror"pry directly, wbom and Mbar pyabla, the smomu
due lbr say Numw hems for Mhdd1 paymm of Fads bu bees waivtd by I.esder sad. if Leader mgd m
dba11 fremish me I.estdsr raomho evidsrau g such pdymm wkWs seek dme period a Lndar sq mpdn.
Boreowmes obligation m amb mach pym m rd a ptowids seceipm dnll for sill ptpmw be d mmed a
be a comamm ma agrOmra - combmd is this Sscw* imtnmam. as the phras *cwsaot add apam m*
is used is Section 9. If Harrower Is ablipted a pay Escrow Items directly. pwumsr a a waiver. ud
Bamww bus 10 pay Iha amours dra for a Em m item. L atdsr mey cmat a ib rwn Md" budos 9
awl pay nab amosn and Borrower shad dm be oW*ud under Section 9 a rapay to I aaeer ag sdcb
amoaet. Lads dry jovab Ike waiver as b may or all Escrow Items at any doe by m mtioe shm is
acom"m with Sailed 13 add. upon dad rtwamtim bofmwa " pay to Lemdrs aid Froadd, and In
mwb smnsw tint are dwa, -gaited tinder dig 9091100 ].
Lender may. M sup timq collar and hold Fords In to Marta (a) nffieiam a pam@ Leda to apply
dit Prods at to rims speMW wrier RESPA, and (b) not b macsd do mw duum moum a badw m
rogmm wrier RMA. Lender aha11 esetuaa ilk amomr of Foaft bn 00 to bads of ewreat duo dad
mnsashle ashmalad of arpaadimm of homm Escrow Umm w othawim in a00memm with Appliasble
Law.
The ftr4 shall be hod in an idstiodom whole deposks sa ismad by a federal spray.
kdt®enWW. of am* (bcMft Lettdar.11lsnda Is n hadoaion whore:deposks an so Irimad) or to
m% Peft Now Lam Sal L Laden *4 gply die Prods b pay dw Em mw boom no Leer non dw dorm
tpeaded oiler RESPA. Ledar shill not cbwp Borrower for bd ft ad q*7ieg the Ponds. modally
su being Ike Hasw aocardt, err tarltyltlg d1e bow low, udm Larder pays Benoww iaterrs- en db
Fao& add AppPwble Law panim Leader to antra suck m Dodge. Ualmm an mgrsumm is mails to wrW1
of App[lasble Law mquir s iaae I- to be peg an to Pads. I,esAer doll m be tt 1, 4 sa pry Eontrwa
sly iDWM OF UTMIW ON rite Pwds. Bwrower tad Laden CO agram 11 Wfidsj, boweva. mine hnerebt
1D939g)
4R."PA) maoa farm 3m 1181
(page 8 of 67)
0 9
i
doll be peld oo din Panda. LAoder shall give to Bormwer, without therm, an armmal aauutia of due
Pan& s required by RMPA.
It dtcre is a surplus of Punch held is arrow, as dkhood wader RPSPA. Feeder shall aeoo= to
Borrower for Ma seas finds Is soosrdaare whb RBSPA. If Own is a donne of Panda held k Borne.
as doltmod mow RBSPA. Leader shall notify Bortower a ramrod by RESPA. and Borrower ,tell pry Do
Lsadcr the amount accessary to saabr up the shorop in accordance with BOMA, but In so more dau 12
assnddy payments- If these to a deficiency of Ponds held in escrow, an defined uodar RSSPA. Lander dell
sottly Borrower as required by RESPA, end Borrower dell pay m Water the: snots aeoaary le make
up the deficiency In aeootdatroe with RESPA, but in so stare than 12 momt>tly payments.
Upon payment In hall of all sums socrucd by Oda Sewrlty Imhumai. I nudes shall promptly NNW
to Borrow any Ponds bald by leader.
A. Cheers; Una. Borrowte d" pay all taxes, asaaameots, therps, fines. std fapoaitim
attributable to ON Property uAdoh an amin priority over skis 8eiolly Imtrr®eoa, lodnmld psymmas or
pound taw on des Psopeegr, if may, lad Community Aso"ca Dues, Pea, aid Asssamaes, if any. To
de cheat that than fame an Ewow Items. Borrower sbaU pay them In dw tanner portded in section 3.
Borrower shall promptly diadvap say Ism whf& bas priority over Ohs Jsearky 1huroment wins
Borrower: (a) apace in writing 10 the payment of the oblipdon nacrred by the lien in a =MW Waptabk
to Larder. but maly so long as Borrower is patoroft such apaemeat: (b) COMM On No in Poll NO
by. or dkIwds spina adoreemeat of the lien in, No proceedinp whlc? in Les ler's ophdoe drperaue m
pravaw de vo6, -, m of &a lien wldk dross proceadinp are pending bon only until oath proaaadiop
are cmwkded: or (c) mow= ham the holder of due Bat an , sadsactory to Lasdcr sub wd ea ft
do Sun No this Eeeority hamumau_ If leader dommines dot any part of the Propeny Is rnloel to a 1100
wbkh can male priority over this Security Instrument, Leader may give Borrower a notice idCodbing de
ties. WNMR 10 days of the date on which dot notice Is Shea, Borrower due anddy tke ft or falter roe or
sort of do wtions act forth akin,- in this Section 4.
Larder my le"m Borrower to pay a one-time ebargt rat a real count tax verification aadlar
nyortird service aced by Larder In a comadon with dris Lao.
S. Prepaty hamrsaoa. Borrower ,ball keep deer Wwrovements now aw"inr of hereafter sneered as
the Propeegr imsaed apkist ins fry fire, banrda hxladed within tke tdxm 'dameeded notate.' std nay
-der bunch indo tag, bor sat I'mdimi to, carogeahes bed floods. fovwW& Leader r"drea insurance.
Ibis frsrraaee abO be r0einained in the amounts (iackWhq deductible levele) mad for the panels that
r eodx nrproa. What Leads FKWM pursuing to the psersding sraaroes M cum 4014 the tam of
de Lore. The iewraFt carrier peoridimg the Imurua shun be nA 110 by Borrower iskjoct to Laoder't
A& so disspp sun Borrower's elue?m, which ricks dealt not be exere'W mmessoMbly. Isnder MY
require Borrower m pay, in contemns %* din Robe. eddror (s) a oYa41® slurp for NOW nee
dwoolomtioa, aettaadon-and umUng swim: or (b) a mwdma chaps for Good aces ftle ainmtin
and eeetibatlae sesvlors and subm" m chars, a&& Bme rewsppiap of similar damn sever wbidd
reasonably might aft d such deassdnafm or oardfieatim Borrows stall also be sapmosible for the:
Payment of my Ones imposed by din %ftrai B sup" Monopmsut Apaay In coneacdon with der
review of say hood nee ddersimtiar teadthrg foss an objection by Borrower.
1005991
.rare
Gk~A) were rep s r ee ??? Pen. 3000 1101
f.
(Page 9 of 67)
If Borrower falls to maimm sy of die Dove w dt m-W abort. Latdw mry obtain, Isoatan,K
owvwsys, m Loaves option, and Harrower'. eaptvtre. Lmaa is tinder w obliptim b ppreI oar
tu*39w qp or moount of tovo Therefore, web coverep ftN Dover Lender, ho 04M Or 11111131
not promo bomww. Dwrower s aplty In uti Property, OF Wt cmnrar of tito Psaptrty, apts. qq d016
bsm M or liability err nght pmvWe ywer or hnwr caves jn dm oar pr-owdy In effect. Borrower
aebowhdps tint the raft of the imu moo coveraje w obtidmd mijltt sipdfAWY meted tit: and of
iorn,raote that Bormwa coW hove obaloed. Aay mom S&uratd by Leader coder dda Swd n S dmV
become adddm d debt of Bwnma seared by tide St=by ln,sanmt m. Theaa ansc mm duill hear iawm
at thn tiara new hoe %** daft: d disbarment and shat) be psyabts. w(Ib such hUM. span, mike ham
Lender to Borrower saquestiq, psymem.
AD laerraaoa polices roomed by Lmdar and rmtawdo of oeeh polkiae shag be Old"m w Leader's
rVA 0 dimggwvm nek polities, shah labda a erertd"d mortpje tlww, and d all o Larder es
xm%o et mdfor n an, sddidood Ion payee. Lm dw shill hove the ft % to hold ate pdides and renewal
otndiceses if Lauder regdtes, Bonawer AGN Pran,tpdy give m Lsoda ail rat44 of pall I era
neewat wekw. It Benowa obuiar cry form of innrnme eoverelt. not dhmwiw mgnited by LONIM
for damap to. or dwnuotwe, of. the Property, sour polity shill irclwdt a swmin d m xwv done era
dad hams [.wader es tocog [pee mWor ore m additions) icon, payee.
In tar event of low. ft am shall jive prompt rotke to the imormo a ardor sod [.ender. Lender
may mils proof of law if cwt made psoaptly by Bonower. Unless Lender od Borroww Wmwia epee
Is wd j, a q inemanee proceeds. vdwdter or not die w*rlyirt j inw ome ww ro tired by Under. 81011
be applied ill rerserafaa or repair of the Property. if the rwmration w rgnk 4 eooncooko y hadble era
Leodec's warky fa n,a haaeaed. Dwl% wth repair ad mmmim period, leader slat[ bare the rf jLt a
hold oath homme proaads tmtB Leader has had w oppormllty to krpm mob Property to aatme the
wok has been carnplesed to Leader's ntisbe on, provided that nth Mspscdm shell be Ind nil=
promptly. Looder may dMww proceeds fw the npabs and reerwatioo is a sin le payment or in a sndes
of pstt jrslc paymmnu on the work is . Unless an, s jlemteet LL made in, wrkfrrt or Ap 1c" Law
mge)rm bomm so be [pact 00 wth lolwanee protcods. Loader shill nor be ro pind b pay Bestow my
interest or cramp m each pr0eeeda )bra for pdblie adjoamre, or other tiara pasties, reload by
Dwmwa dill cwt be paid au of the irron e, proceeds and &aB be the join abliption of Bor owes. It
dr tt smftn or np* is tic ommomkaily hwMte or Lm dm'i .carroty would be Nwwcd, the lmran,ee
proceeds 1141 be applied lo We ham scared by tWs Scowky Ieshnmerd, wk4m or not &n due. with
On momm. If sty, paid to Bonoww. Such imrmee proceeds ftll be apps led in the ender pevridad for in
section 2.
if ihxma aban,dons the hope". Loader may Nit, oejoltow end erttk cry araihnbfe ln,esran,ae
ddm old nrJam I mom. If Summer done not tors; I widdo 30 days m a mace Isom Loader dku dm
immarem owrier bw [1111 1 to eels • claim, dreg I A der pry mptbu end softie the ileum. Mm 3Ddny
Pviod will bgOn pion, ffie soft is liven,. In dldw event. or if Lender ecoolm the Prapagr under
Section, 22 w Am la. Bomwo hereby waijm lo [.coder (s) Boeropoes riom to say imtrwaw
proosede h an mm m not to .honed the amomtta opeld under ilr Note or thk Seetrlty lomm a m. and
(b) aty ether of Bomww'a sights (odor dean the rip to any mfbnd of umareed pnr sow pad by
Borrowed miler all isnnn,ce policies t0vwfn,(t dw Ptopcz. itrofar w m h riou are eppbcdtle to the
Dorenp of the Propwgr. Laadar cry we the bw mm pratxed i tuber to rapsk or crane On Property of
lopay 1 1 -s sapid wav the Noe w this Scorky bwnrrem, wbedw w ea diem duo.
1005907 -list ..
t""I" row 7.0 N RZF Rwn, 2= 101
(Page 10 of 67)
6. t)orspeoey. Borrower shall otaapy, emmish, aW lwe ibe PMporty m Borrower's principal
modeem wldda 60 days titer des samotion of AM Sacwhy Imnua m old :ball cosh d to occW tba
Property as Bmaowu's principal rddentce for at k ut one year of do date of oatspaM. nips Lod"
odnare asters 10 *ritittl, or" cousin #AD not be wvc m * wMbdd, or u MW atensatial
exist whir] are beyond Borrower's Control.
7. Peauvalids. Meal use ce dad 1Matactlen of the Prepartrt Itapectleas. Borrower " not
dooncy, dea ap or igWr do Property, allow the Properq to detwianta or Commit wads on the
?eopery. WbOw or war Bonewer is miiq in do Property, Borrower stall maw dos Property is
order 10 111er1 e1 ds Property from dewleratice or d[sxtsiel is vshte due to ba condition. Video; it Is
dmenalaed purawn to Seaton 3 dna repair or raloratioa is not economically famW, Barrows shall
primly npk dre Property if dam pd to avoid ttsrdnr detaioratbn or damap+e. V isauam or
omdcrosdm prgxs I an paid is aoweaba with 6olate to. or the UMM of, the Property. km war
oW be sespoasibk for sopdrisl or reatorks the Property only If Leader has mkuod psooae I fa o d
PWPOm. Lender nay diabww prseeeds tar the repairs and ressoruioa u a A* pymm or 10 a amiss of
prows payonla ter do work Is Co®pfaad. If the bameanm Of Cos k=MdM prooseds as rot sufficient
m repair or raaogc &a Ptopaty, Borrower is trot mftvcd of Borrows': obiiptims for dw Completion of
such repair of rastorstioon.
Lander a Its U ft my snake rwsonaMe dudes apoa and ImppWom of ft Prapmq. It It bat
reaaarble cause. Laden may bapm an inarim of the improvemwss on the Property. i Awl live
Barowtr notion at the dos of or prior to am* an interior iaeMedon sp dtjft sutcb ressouaMe eon.
L DWMWW'a Lev Apptlatln. Borrower shag be In default If. duugtl *a Law appikarimt
I*oens. Borrower or aq persons or easiWs soul at der direction of Borrower or witb Bonower's
Iowwmp or consent lave maseWly W", nisleadiws, or ittaearsts information or aaemaumi to Leader
(or Mad to provide La dor wide alrsrhtl lubm adou) Is comudon wrh dw taco. MumW
teprssnmlleue ?topde, but ass dot Boleti s0. repsamwdoru nonce ninl Borrower's ocapawey of the
Picpaty Y Basuwws p ftod realdOM
9. PselsalMw of Lawler's Laerat to the Property sod Rb Ists tlwler No lawrfq imkmm*L If
(a) Dossom fad a potrbrs the covenou and Wouseaw eo®10ed 10 this Swaarry Imutsmut. (b) lions
is a low 41 do d& Sonny basemen (O K Ipimicuddlnl hen". p d ass, for Mmis metes a ta ?
efor
adornment of a No Sim Walt stale priority owe. this Security Immanent or ro edoroe IM or
rgmimiaoa). or (o) Borrower Ins abandoasd do Pwpeeq. tlo s Under may do and pay for wbatever Is
reasonslAc, or tmant, lac fAg - Inl ptwud/al ?ir ft value of do Property. and Prolog ad ilpas moire Audds r Secariq
Laudie Property. Landers aedsna an kwbdo. !at an not linhod m: (peyigl say smns aocnto I by RValft
a Has
wbkb lass prtosky aver this Sam* ]rtseronrsnt: (b) appearkV In cent: and (e) psyirl sasesaNe
msroeya' fora to protect its Gansu in the Propany audkw rilha awdor side Security Iswrrm asst. Inclvdia{
IN soared polities is a INIMIOM ay prooeeditt{. Serarinl the h" P"Y 10dades, 1031 6 mt liadad W
ass4y On PrWuly to ore repairs. shaap looses, replan or board up doors aid windows. drat wart
from pipes. alliamh lad" or odta code violation or dsalaoat madittmn, asd lave atilides patted
os car off. AhO nO Leader rosy Oita aetba sdor Ws Sectkn 9. Lmtda does dot lave to do so sad is ant
Miller asp d0ly or abhptfv lo do so. It is agreed dw Leader Items no liability for ad Wft aq or all
actions wderind Model this Satin 9.
1O8i987
Baas:
?ARVAr Man nr.a.r re 6?/ Fern WIN 1101
(page 11 of 67)
0 •
Any tattoasna db b ned by Leader mudor ON Station 9 shell bcoomr sddidwo dtbt of Borrower
.toured by this Sworhy Imu mmem. Them sameness shall boas :owed w the Note rase fun On ease of
didsrammt and shad be psysbie, with swh interest, upon notice from tender to Borrower mWeatng
P Segrity hmormat is m a Isualwid. Ba mma Shell ooorpfy with edt die pmAsiow Of the
teen. It Harrower aogaim fee We to due Property. the )enbnW tad the tee tide 00 NO mange uteu
Leader agree to dM merger in writing.
10. 11, IS - lamona a. If leader required Monts lerrence as a condition of mdit the Loo,
Boc.ma also pay do potato, mob" to Maitwin do Morgap ho mme in affect. it far any retests.
ms Mon" laser mce eevaags to" by Leader tens to be avathble trot dre orortpga lmttmnr ?
pmviowly plod" much Ismnsmm and Honors vent rapdad to male tepa early deall-W Paymea
toward the pstham far MorWp Ingrance, ionowet shall pay the premiums 1ega4ed a tbtd®
cwcnW wbpasiaoy egsivdm m tbt Norgsgo lnmoruse pmvimly in dibet, at a stn snbu=UIY
"aivalam to do non to Borrower of the moot ge Ionnung previously In dbct. Oam sa? gam t
morrttgs burster selected by LaMar. V a*st *Wiy O"valset Mortopa breorsmee eororap is eat
available. Borrower doll cmisae to psy m Laada tit: smo m of the upaavJy ddpow pgrm slut
wore doe trhea rte Imaortmto c vera{e ceased to be in effect. Lauder wM swept. aaa sud nits mw
psymem a as a oow"f adsble lose room In liar of Mon" Insurance. Sub lose teurve *AN be
aw,ve ord", no"Whemding do feet that the Lms is ultimudy paid is fell. sad Laden MIND not be
requited so pay Borrower any adsnrjt or c mings on stab foss snore. La der cell so lsepr esquire loss
reserve paysaeb If Mortgage lmarmwaee toveeap (in the women and for the period Thor Dater ngdre)
provided by as Iaeoeer selsmad by l.adar again btoondts available, is obtalmd, end Lander tegmlre
sepaately du4nmed paymmds toward the prat I B for Mortpp Isnnnce. If Leda[ requited Mmtpgn
Lewrormm u a wmHon of mslday tae ton mod Borrower was raldmad m mtebe upwateLy enip.ted
paytoenas lowasd the pre A fa Mortpge umarance, Btresnwt shellpsy tls pdemitm tog , te
malstdH MorgW lamas in ndlna. of to provide a man-refabbfe Lou reeve, matt 1. NWA
mqAmmm for ? P?ehg ? ietninmka or math mmaI tI I xtpdtad by Applkahle Nothise ie d&
Section 10 sdho Borrower's oblipdon on pay Insam a the ante pttrrided is the Nate
Motdpp lasmrane0 reitaborm Leader (or my ady dot putelumas the Nee) fbr cesub low It
may low It Dooms dose ant mpay the Lou s asrum Borrower is mot s party do fee MONISW
hsasanas.
Mottgttgt dorm enlmae dldr tete) risk to all sech bmw"m in forte from time to time. turd try
assertions tugremoma with other parties then shm or sadify their risk, ar redaw hrnp. Those opesatants
rte on amt red oo Wdm dot are astalkmo y to die mmWv inmate ad the arm party (ter pnrtlne) a
time ngtemars. These agre®tMS sspr M*6 this frorgaga bwmtr to ado pgmass sing ley smmt
of Oasts tint dm sorlpo ku mnr may bane svdisbla (whicb may imdwo ka t dtaimel from bdmdpp
Immormove ptnmiss)
As s u of d of die Now, another Insurer. Only rekdmem.
As emupe Lander say ptneloser
my Other eat". or any aAOf 8 r or the. hggpbq, rosy twelve (dlroaly or bdhv*) momma that
derfvs from (or aught be davesurined aa) a portion of Borrower's Payments fee kfartge lasaramr I in
exdnmdp far dstlag or modifying the tswta 8 mauWa risk. OT tedtr I )Dow Lf such Woos"
pt van Was rem affBime of Lades tales a sham of the immes risk is cAcbmW ter a >dest: M the
pmub ms paid to do iamm. the smopmant is areas m mM *c** a reianars- * Pwdsr.
(a) A" sMti gnemmis wE mat mikes fee amommb tat Bermwer Ise mWeed U tray fen
? aroma
Bwmww vM we jW umlpgs L epesla a, end they w® net mode for mnr u may nWL
1005987
wrrru
f we"PA1mrsw asp e.r rte ??? ram ]03a rAr
• (page 12 of 67)
0
• •
(b) Amp autb aps®mta will not affect de dda borrower hn . If any - vMb rvaput to the
MwtPP Ynraon -dw Im Hesirwrres Proloctiw Ad of 1908 r tW other 4w. Theam v1pu
mq beeMs the ftk to rwodve nmrtds dedwarwr to raw-A and obtain c a nhilw of dw
MasWV INOMMa. to be" the Mertgagp lamranm bradme M astsmadow. ar8to to scalna a
reload d nap Merwat Insurance Premiums that -cm ¦ Mw"d at the than at marl, effiNd ter at
trslaatloo.
11. And of 1Mlsed4maaw Prscmdep Pbrfdhim A11 Misodlemmus Proeeeds are hmsby
aaipred a drill be paid to lands.
If do Property It damaged. ash Mismilaneous Preeeeds :hall he sPpW to rucention or repair of
110 Property, If the mmmados of repair Is emmoamiemlly losable and LswWs =cux y b act lowers ti.
baring tads rep* dd renorWoo period. leader ship have tln Tight to bold wob Mbcellucon Prase I
uwB Laden har Ind as oppsriwity 10 IMP= well PMrM to easo - the work has been cwt dal to
i elder's "d6faa(on4 Provided dial sale IllsI toe " he rrd wWm promptly. Under mess pay for the
rePdn and uatondim in a dVe didwaemem or in a sales of pro$= payments as the work is
ooaylaad. Ualm w agresmsat It mda In wrWua or Applicable tau rpslres irlaow to be paid on ate)
Miaurnaaeova Pmoeede. Leader *sU not be roquirod lo pry Borrower am irtaac of emaisp on nch
MiaoNfaemua Pracaeda. If the tseroution or raplr u m acoaomhatly >Easibk a l easier's saeetity w=W
be lenoW. the Miscolligipoiss Pfoocedt alrdl bo applied to d w ergs sacdred by this SaeurYy Iaaaamcat,
whnlhr OF nm then tole, with 9e ecooess.-H atty. paid to Bowater. Such blisodlaneon PrOCUM sMB be
app8ed in do ardw provided for is Section L
In do rvem of a MW tdit. daandon, or loss In value of the Proper, dare M udbnwu
Proceeds dial) be applied m the same mound by aids Security lastrumem(, whWw or no than des, with
sire easma, if NOV. PW to borrower.
In We event of a padd dYdag, destruedoq or loan in value of die Propelpr In whkh dw fair aarbe
vase of OW Property WAMdbWy before da MM ukfag, dcomcdoiL or loo is valet: is opW to or
paler than. tiao omoost of 60 wan sawed by side Saealty Iuservo m immedidely betas the partiid
ukb*. dweetioo. or ions is valac, vision borrower and Leader sbawiae agra in wnuag. tiro arms
aaapad by this Sawrby htaaamnat *0 be rdoesd by On amount of do Misedham Procaedc
unltiplied by sire fdlowWB ftaedmt: (a) ds soul wows of the wma wwW (mnodlmcly belong die
PON LMn$. destruction. or Ices is valsa divided by (b) do fair taaka value of rM hopes
ty
immediw* ode the partial taking, desaaetion. or loss in "lm. Any babmoe" be paid to Boftowes.
Is On event of a prod sddng, d@Knxd n, or harm in vahie of me Propa(y in wbidi ft fair rrdmt
value of the Property Mertedi "y before tine partial a". deanucdoa, or loss is value If less than the
tstatat of rke nos moaned htmtmdiatdy bdot die partial W*, dauu* 1, or loan in voles. idea
Honoartr and land- adwwim tpoe in writing, d w Misoellsown Proceeds sha0 W applied to the cams
ascend y sh?in .?r?rhy InOMMm wMelltet OF ant the inn am then doe.
If de Pmpaty It dando ed by Borrower, or H, An notise by Lash to Dancer &u do
OPP IRS Pasty (a *&W W dse test smowAO din w make w award to mode a claim for dasurk
Dosowrr fats In ttslpad 10 Loader within 30 days after da dam the notice is than, Lesdet Is tatI I I
to oeUea and apply Mro Miooellmraua !rowed elder to mmadco or repair of tiro hopmsly or (o rho
wan sotatosd by? MIS 5 WA ft lute(0mea. whetoer or not Om doe. 'Oppoaiag Pity' scrams toe siwd patty
dtm owes Bolcom MiaoWnnoas Proceeds or did: party mgdast wbom borrower baa a ri& of necion in
rwm a Mfaodlssr0w Prooads.
Balwaar doll be is dab ob if any talon or proceeding, whaltor civU or abaind. Is b%w *K in
Landor's jndpeeat. *odd result in forhbwe or the Property a odw noww jopaitatam or 1.113ars
10014110 in 60 Propmy or deft miler thb Seorky Idaaamed. Borrower can are web a ddavlt and. H
aoedaarim hu ooaorrod, rolown as pmvidrd is SoWw 19. by missing The action or proceeding to be
1006987
(q-APA1 maea r+?
?1 car. nr rs fmwr. iota 1101
(Paste 13 of 67)
dbmbsed witb a ru iwp that. In Lender's judgmen, Was fortetmrs of the P.Opmty or mbar OK"W
impaitmat of LwAW* inugm in Ow Prapwty a t has under olds Smorky I stromeat. 17he proooadt of
ripe ewsrd or claim for damps clot are saribetable to thq imptirnnM of Leader's {Merest In the Property
are bars" anipa and, emu be pow 0 Laden.
All 1llaodlessea Rarwede test in no applied to restoration or rgWr of the Praimly AMU be
applied In tore order provided For in Section Z.
12. Barrewar )Mat Raiaaadl Forbearance By Leader Net a Wahmr. Hatunde f of the time for
payment or modifkaka of moadsaaiw a tine u ms umaed by ells s cudty lmtn mm jp- w by Laden
to Borrower or my SuaoeaMr is latest of Borrower then am operate to rebus the 1bb ft of Borrower
or any See mum In bsawat of Borrower. Calder shall am be t-gnh-A to commum pooomdirpr apiap
my Succomor is Imam of Boeower or to refwe to mend time tae ptymest of etthtarris SO"
ssortisadon of tltt: wens sopxW by tole Smcudq Imumam by resw of any demand made by the orWW
Borrower or ay sucomms in hdaw of Borrower. Any fotbswce by Leader is eseaehetg Lay at
remedy ioctedins, [without liodufion, Leader's soccim itap of psymme u bvea third pences. catilles or
Successors in )merest of Borrow or in smomrs leas ehw Ow amaeme clue der,,hall rot be a+einr of at
preclude ohm emcke of aq r{ght amt remedy.
13. Joint and Smral LlsbihMyt Corsi pang Swomors und Auden Bound. Barrows 0areanaa
and agrms the Boervwar's abliptions mad O "by " be joint ad sword. However, may Borrow who
a0440 able Smoky lntttaseol ben ties not Crenate the Noe (I "catigstv7: W b co-tlpttift this
SeeuMry btarmoest only to martppe, pest and amwmy the w4tm es Won In Be Propeay aer the
terms of cola Socarily Iwtnomt: (b) h ON peraoedly oblipaw w past an was vacu ad by this Security
bw met; aced (c) agrees that loader and may other Borrow m a=rea to extend, modify. forbear or
mebo any aceammmlaims wbb rcgrd to she tame of thh Seem" Im mmot or the Now without the
co sip er'm coma[.
ssbjeet w at PM46oa of Ution is. ay Sacearor in hdcrost of Batanwer who tnswat
Bvnwm & obligtioa miler Cods Smoky Instrument is wriprnp, ad b appawaad I alder. AM oblair
all of Borrower's tigbu sad baeAu under Orb Smoky Inuumem. Brrrowt uteri sot be tolass I ham
Borrower's oblipaiaes aid 1WOky aader Ihb !easily bestromeM aeless Leader specs to mint tdars is
writing. The cu exe q and spcaesnrats of this Security lutnemem " bind (except se provided is
semen 20) and bandit tee slI omeorm and stigma of leader.
11. Lean CLrpse. Lade any charge Bonoww fees for services performed k comedies with
Botrewa's WON. for one purpose of ptaacaft (order's immat In the Property ad fWA Under this
Sec" law amwo, iockAs 1, but not limited to. stsoreeysI toes, propetp brpembs and YabYfion ha.
Is regard 0 any Other fors. the mbesss at eoeI - - aadwity Is rah Seats IW loruvou l to aha'p a spoeMs
fm av Barvow *A not be cmatmed a ¦ prahibiden as the charging of nice fee. Leader may not chaps
left Chat we a pudy probibbed by ilia Security Inosmmt or by Apolubk Low.
If do Low b a ftea s a bw which sm ms loon lam ehngs. and that low Is finally interposed so
tiro the ieteaess or other loan dbrSm collected or to be collsomd In connection wWdee Lea seamed the
penekod UnW, flex (a) say ode loan dotpe don be reduced by Iht i moms nlai0ery to reduce too
CWP soothe pis duW lirir and (b) story mama draft collected Prom Borrower welch aWWW pwmitbd
)kndts wN be riles I ten DMMm. Leaden 1My cbooae b anlae ilia alhtd by tadamI tee palodr
owed ender the Nam or by tamping s direct paytaem b Borrow. lr s rdwd milves pf M*d, ON
redaedor will be tested a a prtbf V. -.-m--- withmt my prepaysewt charge (whaher or not a
pwptpemaM charge is pvo+dded for tinder tine Nos). Borrower's saxplmce of pry meh Wand made by
diem psymms w Donvm wg coseteos a we*" of say tilt of action Borrower d* bees sisigp ON
of amb emewpa
15. NeMloes. AN rake givca by Dwmwcr or Leader in connection with tldt Sww* InsbumMt
am be Is wtift Any notice to Boraowet In eamt W m with this Smoky hammier sWO lee donned to
10959!7
ww•
f "IFA) eta .... n a v p? Jana pas! tat
(Page 16 of 67)
• r
•
0
have bm jives to Bawer when ntdW by Ilm dw mull or whom actually delivered to Bormwoes
moths address if sent by other now. Notice to any arse borrower doll mmdmxa notice to ad Sorm-
Bales AppUmbte law mryeady ngalres otborwin. The motive address Pull be the Property Address
odes Boom- has dmdjnmd ¦ sit kow nodes Weiss by moots to tauter. 8orrmw AW promptly
notify lerdar of Bottom Is ch&W of address. If Lender tpedlin a proeediare for reporting Borrower's
chmp of address. den borrows dull oady tepat a d& W of address throagl disc spadBW procedure.
Mme may be ally an daipmd notice address sneer this Security Intrusions at may ome time. Any
mmdco to Lender " be given by delivering is or by awV% it *by first doss will to I mdsaaa addcaW
swe6 beam soles laden has dtsijemed another addrm by amine to Barmwer. Amy notice In
eommreedon with No iecority bavmnart shag not be dosmcd m bm been given m Larder =99 adally
rocaived by Leader- It any notice ngmhred by Qk Seautry Warmest Is oho rmgorad radar
Low. the Applicable Law ngohmm will as" the cotrvspotWaj requirement under this
bonwim.
16. Governing Lawl gnerabilky; Arts of Ccotrurtiom. This Security Immovan u shall be
governed by neutral hw and the low of to Wsdktlm Is which the Property Is locaaad. AN riglu sad
momea'vud Is dds Seemly Istramo m an object to any rmaireme ms mom! dim WIM of
J kA Applicable Lw WSM or Imo kitly Nlaw io paNm to alto. omtrset car 11
majht be ddlat, but marl dines shall mote used a s psldbirion srmieu apetaem by oatsaes. In
On event tlmt any provision of dauo of tithe Security IrtNrmssat or die Note conflict with Applicable
LAw, such o"IK mail rot affect con provisions of tut Severity Irmmmea or do Now which ceu be
gi.ea efface wbkm the aasNothe provision.
As mW in dhh Security lmaewmmt: (a) wads of the mosalhte gender shut use mad Include
conrapaling neuter words or words of the fmirdw gan4r, (b) work In** singular shall mean ad
lecher the plord add vice vase; and (e) the word 'may' gives sale dkcredcm wiftol; may oblip tioo to
mlce arty maim
17. Bm wmem Copy. Borrower shall be jives m co" of Pte Now tad of Ms Socaft IrA mhent.
fig. Wencher of On Lhsrpnty or a Daklml Imterst in bano+wer. As mod in this Smmioa IN.
'lawast in
to, &m beeshM imeasetc ttao wed is boa commet for dead. iinstalment Woo camtract or
mcmar agreement. rte Imam of wMch is the trnda of tide by Borrom m a atmrc date to a pmd mmvr.
1f ail a say past of clot lropeery oe nay Irtlere>m h me hoperty is sold or iseriersed (or if boerowv
k not a nmaal mm ad a bemXkid imam in Aonvwa is sod os aamforrod) without Isdoes pdor
wrlam caeaak Lades try require h>modlme payment in fell of all stmt seaaad by this Sevarky
Inmummm. However, this option shell not be eaaehsmd by Larder if mch ammcime k lmobibiamd by
ARMkev
If Lander assides dds opdom, Lander clad give Borroww notice of sooekntion. The motion mbag
provide a period of ma ben cbwm 70 days I mm tlu does sir mocha is hives to aooorduce with Section 15
within whleh Msower motes pay all acme su+red by this lkaeity tamnuat m. If BommW We b pry
demos, sums prior to doe expired= of dhh period. Leader mossy invoke ary mot" petmlavd by risk
Sm rky lostromo m without Nndeer notice or desttmad an Barrows.
1!. Noasswa's Right is Adum After Aadersdon. If Dom ma maser aestdn coaUtims,
Bonowot SW have the right so Inca enfotcesem of tuts Ammo ty laanumeld Amomti med at nny time
prior ca do m ism of: (a) five drays before sak of the Property ionum to ail power of ode voemimed in
this Suavity baamesmml (b) rmeh other period a Appllcebk Law mire rpedfy Nor die mmiadm of
Borrowees tills m relostaW. or (e) aft of a judg arm a ftdmg Of Smority ldatrtsuml. Tbm
coodkiosr me dud Bmwww.. (a) pays Leader Weems which Om would be dote tinder No Sams*
lm mom red We Nee a It no accderati= had oemrrcd; (b) cures ary defooi of may ash r covenants car
1005981
rr.h¦
at-"MI sees r.r a r» roue 3m 11M
(Page 15 of 67)
agi-maras; (a)"afl aga,srx israrrad is eniorc6tg unit Searfry hero manor, inclaft, but not Ranked
to. ressomde aammeya' face. Iaspeution and vshudm het. and odw tams !earned for me
purpose of psote dog Laadar's in the Property and rights under "Securky Instrument: and (d)
What such action as LwAW mq Isatmably r"dm to assure dry Leader's fataaet In the Pra!pett) and
Film under this Somily Laausmeo[, and Borrower's obi(godon to pay do am secured by rims Security
boamer . ek9 ceedma uusuharupd. Lender may nVi a (bat Borrower pry each mkhwhaoemt rams and
CXPONO k ore or more of the 10116wift form. MA selected by Leader: (a) tavlt: (b) m0aey Order.. (c)
1, 'A,d cheek, bade duck, troaaarar t check m a bier's check, provided any sad cheek Is drawn ups
an institadom whom deposilt are bummed by ¦ h dwW yeoey. bonn!>mdty or eo(kr: or (d) Rkemook
hinds Ttamtk. Upon nkusemeou by Borrower, this Security 1wummat and oWpt m secured bereby
that smrak tally affaetive a If so amderatim had occurred. However. thin right to romstate sW1 cot
apply In the ate of scalaadou under Smion IL
20. Salo of Nolan Chmp of Leas Serviced Nodes of Gdarmm The Note or a pefft it mw to
the NOW bapdma widr dais Secorrmy lnsuarmead can be sdd ore or note than Without prior raft a
Borrower. A Wen might rent in a rhasge i0 me cothy (dtmwa at the 'Loan Savkcr') 1611 ttoiWs
Peaiadic Paymants We wrier the Note ad this Security Wstmmem and pcdbm Other mor" loan
M'dckug aWipdm wader des Note. this Security Immanent, and Apphe" Lw. Thee go WW be
use or aeons Amen of the Lam Saww' m vmdmd to a We of the Note. If there Is a cbmgs of tits Laos
Servicer, Burnam wm be puce writes motion of Wt asap whla wll mate ow macs ad sddrm of the
new Lam Serriaer. me address to Maim payments d=W be made and say odmr kdbtmadm RESPA
regoiros In oomection,&ida a notice of a - h of serviche. If the Note is sold ad thalaaflilr the Len is
asrleed by a Loam Swvioet outer am the purcbaaQ of drc Nate. de mortgage Irmo sesviehg oftsdom
to Burrower wilt mmala w M the Low Savkw or be w oodaned to a account Lana Sersiov and are act
w®Mi+ rid Ronewer LeMor rams commem, Join, or be joined to my jodkim) action (as either an
Wlvidaal lingua or dams menbar of a curs) that arises Fran the other party's action poraunnt iD 08
Socu ity Instrument or that hugs diet do other pang has branched suer provision cf. or any duty owed by
reason of, this Secuaiy Immurement, wtl wrh Bormwer of Leader has aat(fied tk other party (Wids tars
notice gives is oampif aux with the rogaireaer . of Section IS) of mach alleged b meb std dferied the
OdW pry I I r a mumaUc pa(od WWr (her gift of such mmkc to take cm.o tiwe ad= U
Appliuahk Low prow ida a dome period which cwt elapse Isiaee curtain madam cam be tal s. Ikt time
period will be deemd lD be rwmobk for pWpaa of Vds praagrapd The notice of aoodmadon and
0/pW"IW t0 are given to Borrower paranaot ro Seeden 22 orb the monies of moderodon !Ivan to
Borrower puusrat . to Seadon 10 abal be dtamW to satisfy the cerium and opporaWW to tale coned e
action im, Isic of nit Section 20.
22. ltosraloso Srbatmom. At used In this Secdom 21: (a) 'Haatdom Substanm' acs most
nebetampa dW d Y tone or baaaNoa sobstomaaa, pedaaama, at womas by Soviroommesl Law and dw
foilowl% mktmecos: Polka. kamam, can Omsasbie or manic Poin"m pradow, made peatim"
cad h- I W'se. vote le solvam ra mmids containing ubwm at b raddalyde, sd radioactive mmriab:
(W 'Rovltaawrtd Law' umm kind lawn and lawn of tk jurisdiction tshere the Prepmiy is bled that
Most to bftft of" at anVYarlmelta) protection, (c) 'Snwbaamental CMmmp• fact"ra any seapooae
estiaa, rsraa 9 ' action, or removal nation, as ddbmd in Seviromoomd law-, Ord (d) as 'Favirommmi
Coaditim' scorn a condition that oa own. eonaibwe to, or othNwin mWet as 8svinesome)
1005997
w+,r:
®•WMIM"m ns. +awa I Form am J)"
?1 r ,
(Page 16 of 67)
•
0 0
Hanover dull ad cane or permit to pradseheeI meet. d4osai. aerye a mlw of smy llrdom
SaAdmea, or draatmt to memo my Haardm Subamea, on or io the Proroppeerlrtyy Hatovtt dial) to do,
mot allow dome aloe a do. amytdrh8 the Prapeiq (a) no it to violatoa of wry Brnirammral
Law, (b) vbrOi traoled m Emviromam=lien, or (e) wMcb. doe to the prereM&I-Omw n,roe. or ralaa
aoiff a com Haan! Shrbs SWy 10 11m: d th a m M' or ad+rerady mdfo r hem ? P?top?ae(rll go oedt' 07
&oij Humdow Smbrtaiom dirt ut rd napped m be dpprapristm to moimaors ad to
mniormsmes of der Prgeny (iaetodiaS. but rat limimd w mwdom mumem is oavamet produeo)•
em m AW pan" on Colluder W. notice of (d) my dale, denmd, Wwdak
or otba swm by am Tom mental of reYtdatory agar err ming: the am/ toy
Hatardam Sttbtoooe ithmaral far of wbhr? of n"vU hu sad imowrb , (b) my
PANrmmeanld Condition. inch aimS bh t at HurAld lo, mod' so iod. lentos. dischup. rdmte or direst at
td. of my )taradwa Sabatssee, and (c) any ooadimoth -coed O A- preside - or votme of a
Property. 16;;-m.lodras. a IS mtiw
Hamdaua SnbsMaoe Mddh mdvsady at& the value Of the if
br nq of mmatalie 1 err amthmiq. err arq pdvahe pasty, dw my amoral or ?
of aawwyy Amrdom f +eoa a?ihp tf?e Phopsrty is neeaaaa y. taarmww W" ?ro?tl?
1.mkr fad?tmdnd6Maoaadddia?rradlA°dQe. Lew. Notb q basis dAatl comma a" ow kwon on
2L A t Rummilm I.mdermien give Lamiler notice Dar ?e t p ? dw and agm as follow
Hmmewo'a brmcb of wq osrsnsnt or aeraeeat in 06 Saarity at euumuw Amt mot pdw is
meedaadm order Section 18 inks Appbmbk law p vvMm stharbe). L ndtr dwl anal
Doerr wr at, snood alAer IhimSt (a IM nebula; (b) the action repined to con the ddnakt id roam
the dwm a mmt be UK* and M that hbwe to awe aw ddsmil m may rtrnk In
soo . - 9 of the mm tdmamad by Ibbt SKW* kdrtmsma. brmdswe by amid prmeadist mad
aM of tie Pt%wV. [wader shell hetha ink m farm wr of *A rl#t is naiad, sir meaiwmdm
and thedW M semi in flue foradadmte procaedfae tM non-ehdalaw of a deddt or any other
dtdeaes of awnwsr to aeodamil m and torsdowve if the ddmk Is ad Bred a apsemad, Lmdor of
iM OPIM -9 m4WM MMO Mp p yawal In fall of all am monad by fife Sstortity Ieetrsmo
wifhml fwdw dttamd mid EW firs A dds Seport bmarrmmt by indidni ml. Iwmder
y
IedMbB NOW da: 11111111011 to, MIN eey ei ' t? d d-moot of ups evidence to she a? pa? b22.
?
A Loco.
73.1Rdw- Upon payment of all alma taoamd by this Sdwrlty InWomam. cod Sawlty imsteaman
bad do auto cm- -myad LW mumbo u and Ie - void. After amok omrmmoe. Leader *AD disdw8e
and md* d* Security Borrow dog pay rqr recombdom coats. leader may dwW
Bthreora a fee for 1- 1 this %m irky ieomimam, bid only 1f dm he it pmid to a ddrd "for mvka
remdend rod the dhar81 of die [a b pftwiitW coda ApokableLa«.
defeoa pWnl otaadiapd amfcraem dds Send ddmrnaasdt Applicable bmraby wWm the hem dk uW.I -emw - aat
i Imm prpdt Amy at ammdov, maaarlon of time. eam gdon Lrom moubnant, kvy and mle,
and
2S. Bdmadaaed Pwled. BortvwWs time to m mole pwAded in 3amlom i9 daH woo to trod
ID do oaeasaoamroa Of bidding at a alrriff'd &do err other ode pmnnun o dds Smsiry
toomawL
M Pwdn Mang MwtPpe. If any of the debt deauN this Sma* Imemtmeaa b" IM a
Boamwer to aclaim tick m tie Praprrty, dds Seomrky imdtrm em"ben a p x Ame asammy swVW.
11. 0atasd hale After ].dprmL Bmower agmm did ft amm talc pmyable sfrtr a jod/ooert is
amaad m do Nom or in as acts m of morlppe fooclaaa doll be do no puydbie from mom to dma
tmdw dr NOW.
1005987 rut
014tOA) ntam r,p is r u /?? tome awn 7101
(page 11 of 67)
BY STONING BEAM. Bw wwa s M*a mod wees b the terms med coaeoma wea w hl this
Seawity bwMnCnt aid iw st 0 Wf OWW" by BarTMV VA r- I I vA* K.
Wk..: L
? 0 GIOND
Nataseho Thomas 4k"mw
_ (SW)
-bwmww
_ (3041)
-(Son
_ (Sean
-meno.w
1005987
00"PAInsw M ??r,a Twni 3M IMI
4hwR"w
Ts0.T)
apes Thoees
(Page 18 of 67)
•
COWONWIALTS OF FEMSnVAMA, (,U+Jn4 4
Oa ", the ' 1 dry of August. 2006
undetaijsrdafim.paaatwllyappowW Nataseha Thomas
i
Conaty w:
, before me, the
known to M (ar
y PAN to be the pessao(s) whom ausae(s) Wort wrbacdhed to do wMa hsuHm?rnt and
b*W deal bddwAbcy cwoA d the sale for the pwpoaa berets oontsbwd.
IN w)TNM WRMtBOp, l beteonts sat my bud of trial seal.
My COOMWN Papist:
OoasewsmNlr d pwww lwiy
OusrtA t?ok?i 0. welrr wets _ Yu? ?? ?G
Dltta Oe4os 9sra. t*,wat. psi' Tut ortNttaa
sty eaaanrslpt 4eaa ose. ?. leas
CartlOeW eE A ? . do hereby m?ily tAat
me oorreet address of d+a kwithis mined, Mert08Eee is 11.0. Bos =. Ilia. M14Ml-M2&
Vlrimeu my bard this 4th day of A V:?7
Alas d1(al/ya
2005987
ft"PAIMM
ftp 10 r n , 4z-1- Ymo i0sa llal
(Page 19 of 67)
8 r
In Witness Whereof, the aid party ofths fast past bet ha ctu to set his hand and
seal the day and year first above written.
SIPA WA Dd Nwed In to Aaonoe of
?l
(om?
*Fa
. Peters
CERTIFICATE OF RESIDENCE
I hereby ccrdfy, that the precise - of the G antee herein is as follows:
333 Roxbury Road
NewvWe, ?A 17241
FIDFUN CMNG
SIMCM, LIC
3d l K Sawa nun w.
Wn20
,..n W lem M 1No
COMMOMMALTH OF P$NNSYLVANIA )
ss:
COUNTY OF Cu-kWW
on this, the day of , 2006, before me, a Notary Public,
the undersigned ofow peesoaally WAYNR F. PETERS, Imown to me (or
Budd Amily proven) to' e the peeaon whose swne is subscribed to the within kwwwnent,
and acknowledge that he executed the for the pugxm therein contained
IN WTrNESS WHEREOF, I set my hand and of dal seal
AewinaaSaUSfMrMharie Alo(ery Tublic
NwMwaiii
L tbmAOaSaeIL gan)Fdm
fl,EweM thaw nee A aaow
(page 20 of 67)
Vq
SCHEDULE "A"
LEGAL DESCRIPTION
ALL the funding described real state I*V and being Nhmb in lower koft Towtihlp, Cumbeedind County.
"Film Y1vVnKsioo Plan for LoI Nm. C more perticubdy described i? ammomn00 with Subdivision Plan Wiled
Edgar S1tW. prepense by Enc L. Oftnbeugh. Professional Land Sur ism, wtddh
said 8ubdvisbra< Plan has bean apprmved by the appropriew municipal atrlhomes and is recorded in
Cumberland Counly Pin Book T8, Pop 145, as fallow
BEGINNING at a M railroad spike in pubic road SR-M? (Roxbury Road) at comm of the when dsscrtbad
Prat and parrot 8 an the show referred to SubdiAmica Plan; thence None Roxbwy Rood, Non1Ah 49 depress
51 Minion 40 seconds Eset. 30.00 feat to a point, In ine of lend now or formerly of Wayne F. Peters, which
lands ft wain demcltbed pwcW is being added to as s lot addition; thence Ww9 Peters lends. South 40
degrees 20 rriMr6ro 14 sece0ds East, 248.10 feet be eN iron pin, in fine of Mr.& now or forrawly of ENnrood R.
and David W. GuW . t io nce Wong lie of Isrbs of Gu", South 31 depress 22 minutes 53 seconds WaK
50.13 feel to a set iron pin at Comer of parcel 9, thence stomp ka of parcel B. North 48 degrees 20 mfttes 14
seconds West, 282.59 fen to the MI rallrmad spite et point and place of BEGINNING.
CONTAINING 0.2914 am , In secondome with the above referred to Subdivsion Plan.
BEING Parcel No, 1515-0411.Olt
BEING the woe prondssm wMch Edgar L Stum and Lois A. 90n, husband and wife, by deed dated December
31.2001 and receded Janwry 11. 2002 in Ctanbwtsnd Caxhty in Deed Back 249. Ps" 4845, granted and
conveyed unto Wayne F. Paten. a single pennon.
LINGER AND SUBJECT to baNiding mat bads lkwC dedcaued right of way ilea end omen notations and
o, dilm s ms shown on the above refe, to Subdivision Plan.
p kR0M ept.PFDMAr1Q5-0040hHSJ
(Page 57 of 57)
6VUSTABLE RATE NOTE i mm 10OX01001063a1717
(LIBOR lad" . Rau Cops)
THIS NOTECON AINSPROVISIONSALLOWINGFORCHANGESINMYiNTUMTRATEAND
MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN
CHANCE AT ANY ONE TIME AND THE MAXIMUM AND MINNUM RATE 1 MUST PAY.
Aspens 4. 2006 Newvme PA
(osao) Lary) (buts)
332 Roxbury Rooad, Newdlls, PA 17241
(Mpag P4. , )
1. eORROWBWS PROMISE TO PAY
1¦ roars fora Im"I have mwived, I promise to pry U.S. S 10000.00 (dw wwont iscalled
1princW), on imere t, lo alb ostler of the Leader. The Lender is E4ttil9W Carpersdm . I will MAC All
payneats usda this Not in the form of cask chock or mosey order. I understand dun the I order may basfr this
Nora. The Leader or anyone who askew this Note by transfer mad who is entided to maive paynteob tuoder this
Nm is called t6e'Noto Hakim."
L INTEREST
Interest will be clmpd oa acpaid principal until rho full auwuot of principal has been paid. l will pry iat~
at a yearly rate of 0.700 %. The iotetett rate 1 will pay may Chen in lcoonduaea with (,coders 4 of the Note.
The bmc cu rat required by Ihi Seem 2 and Section 4 of thu Naa is the tab I will Pay both bcforo and SIVO
any de6ult duanbed in Sectian T(B) of this Note.
3. PAYMENTS
(A) Tb'e sod Place of Payments
t w)S Pry psiaeipai and Woat by makiat a paymwa awry atonth.
1 wA male ay aoalhly paymm on the tat by of" month begs nitt0 an Septaabar 1. 30%
I w71 mdse dwn poymans awrymoni umd ( have pad all of the ptbcW aed immat sod other
charges daa%ed below the I any awe under Ws Note. Each maulaly paysecm Will be applied as of its scheduled
due dais and will be applied so inbrat before y?Ipd. if as Ampm t, 2036 1 stillov o mmo al s order Ibis will Note. I ?l ?Woa aamooman pinayfnaD no athm date which Is called the "Mshuity Uaa'
EgaiP4st 1y ,!Od ell icon Point CLrek , Chuiotte NC 20273
or at a dill rag place if"imd by the Note Holder.
(B) Amamat of My lulus/ MoMW Payraoab
Each of my iaidd awAMY paymem will be is the atttatot of U.S. S TS4.79 .
Tbis aaoaot may ohaoye
(C) Wathly Payment Cbages
chow in my nosily ysyaeat will rouse, in the unpaid prleclpd ofmy loan and in 90 WOW
ate that f mat pay. The Not Holder wM daermine my now macrost rate and the chmped amount of my moaddy
payment errs accordance wM Section 4 of this Note.
M 11 Adauble Rao N61e4Jbor lados
EFOISH (2100) (Paaasylvania Vasion)
Lora Number 1005907 Page 1 of4 Initiak
(Page 58 of 67)
4, VrrEREST RATE AND MCOLY PAYMENT CHANCES
(A) Ciao Data
e fotetett wee I will pay may ehmp an Augod 1, 2141. and on, that day every Sixth mamlh 16etalla.
Each data on, which oy interest me could change is called a 'Change Dam'
(B) The bin
Beginning ?Ih the fast Change Date, my imeresl rate will be based m an ladee. The-"index" Is the avenge
of iuebw* offFC rata for sbo-momb U.S. dollar-denomixWed dcpo" is the London manner ("UBOR•)) a
pAKsbod is The Mill Sdase JQ-WL The most rococo Index figure avaiable m of the fxubut bon day of do
mono immediately peee ft doe momdt in v&M the CM4.0 Date occurs is abed the " Omtteat M?an%
if t a Index is NO lmaa aw8abte, ON NOW Holder will rinse a new index &m is bred upon c®Pmable
k0mation. The Note Holder will give me notice of this choim
(C) Calculation of Changes
Before and Charge Dam, the Note Holder will calculate my new intomt no by adding 5790 porecom e
Pools ( 3.790 %) b the LWMA tadex. The Nos Holder will then round the rook oft h addition eo the moron
0100-61IA r of one parentage point (0.123%). S*tct to do kenkt elated io Section 4(D) below, this wended
escort will be my sew iNIUM Mee 4mti1 the am Change Dace.
The Note Holder well than deeermine the amount of the moodily payout that would be sulliaiew m spay the
tuvW pxmexpal that 1 m expected to owe st lho Change Dam ion full on dw Maturity Dale at my now immrrt nee
in suh .,,.liy equal payments The cult of this calculation will be the new amount of my waft psymouL
(D) LAut[e an Interest Nam Change
The boxcar rm I am regmind to pay m Ilea fuss Cheap Dam will to be vow than 1130054 or love sham
8310 1A. Thata6er, inteest rate will nom be inaeased or deemsed on my do& Change Dale by runt than
me twCoetw pant (1fram the rate of barest I have been, pa?igg fm the sax W DAL My
hau st use wig eeva ba puts due 14.7OO% or Ins than xhe initial morest ass for m Secdm 2 of dale
Noce.
(9) Eltaative Date of Change
My new bearost ram wiB become off 4 ive on each Change Dam. I will pay the awouol of my newmonWly
paymeal bmi au g on, the font mtoothly payment dam ear the Change Dam umul the mount of my monthly
psywAM chaagea agai e.
(IR Notice dChaua
ran Note Holds will deliver or mail to con a notice of any changes in ttooyy i?toner raft and the amount of my
monthly psymeed 681oee *C affective due of any duo. The notice will ixuclutde ia6ormetion required by 1. to
be given me and abo the title and telepleox ammber ofe pence who will tmswer say gsouiom 1 may have sorwing
the notice.
S. BORROWER RIGHT TO PREPAY
(A) Prepayment 1 have the tight to melee payments at any tieaa before they fro dttr A pmMemt of Prb* el only
is 6m m no a "pm>payos m". Whin I mike a prepayment, I will tell the Note Holder im'wp I an doing no. ff I
miles a partial papsywwK lbee will be no changes In the due due or in to atot mt oftey monthly pgment Dam ohm
Now HoWor apeas in -umg so those changes. My partial p Waygmv may reduce, 4e amazat of my monthly
payments Change Date following my partial prepayme nL However, arty reduction, due In my partial
peepeymeot may be ofbr by am maters me imeremsc.
(B) Prepayment Pesky
In, the event, dtrlag the first 2 yon after the execution of this Nile, I make a proMovot and the woods
twenty pereomltt (22e0%) of due original priLipal ammad of the loam k an twelve (12) monde _wID Pay a
at (20% y osigital priochW amount
tuut of *c km within the twelve 1I month Period Hof
Holder will sarong a f the
prepayment penalty after the tad anniversary of the date oCecaation of this Note.
EFIIISN
Loan Number 1003997 Page 2 of4 luidalsmLL
(Pays 59 of 67)
0 •
f. LOAN CHARGES
If a law, which applies to add which sea maximum loan chortles. 'r interpreted jr that the
interest of other ban edarges eoileaed or to be collected is eoamwliom with this leas exoeed the pe miaed Iimib.
attm 0) airy sub lam cha=r gt li be indeed by the smotam nee "my 10 M&M the t:batge 10 die pamiaed limit:
end (h) way sums almody collected from lime which exceeded ended iieti4 will bas mfitaded in me. The No1s
Hilda may abom 10 male this rahmd by teducag the principal I owe under dim Now or by mldag a dhvd
payment to me. Ifa mfsed reduces principal, the induction wed be treated as a partial prepaymeml.
7. BORRO%VZR%FAILURE TO PAY AS REQUIRED
W Lade Charge hr Overdue Paym mss
if the Nose Holder bas ant received the full emawm of amy nu mtldy payaaat by do ad of IS calmdor days
altar he did, it is due, [will pays less charge m the Now Holder. The amount of the eba . will be 3d10 % of my
ovordw paymew of principal and imtercaL I wig pay this We charge but only once on cseh hie pymeae
(3) Ocfauk
If 140 not ply the full amount of each monthly payment oa the date it is due, I will be in default.
(C) Nodee of Default
If I am in defaah, dim Noes holder may surd me a wriono notice telling me that if I do ant pay the overddae
mount by a etatsIa does, de Now Holder may require m to pay inspaw only the fall amamr of prioapd which
.has n be= paAe isamd ll the ns rot theeI owe an the amom. Mat due must be at least 30 days allot Ihs dtle on
hkb the (D) No Waiver by Note Holder
Even it a a time who I am in tbfanlt. the Now Holder does not torloim me to pay immediately is fill a
do-and above, the Noes Holder will still have the right to do so if I am m def alt m a Isdn time.
(Z) M)aeat of Waft Roldde Can sad Espemaee
If Ole Now Holder has regsbW use to pay In (WI as described above. the Note Holder will haw dw AsId to be
paid back by no for all of its come and exptstsu bt varmdog this Now to the estm ant probblwd by applicable
law. Tbow wpm= itsda le, for example, tameable attorm yt fees.
!t. GIVING OF NOTICES
Utdas ham saquim a diffinot method. any notice tat must be given to we ender &k NOW will
be vex by des using $ or by m=. it by fast ekes sail to the a the Property Addrma above or at a difromot
addceaa it gars on Hoidot a taboo of my d0bro tt eddreaL
Any areice bat Twat be givam to the Ntus Holder under this Nate wgl be given by deGvedag it or by meaft
it by Gal wises aaill is On Now Holder at the addrw saved in Scetioa 3(A) above or at a diSarsat address if 1 am
gives a notice of Ihad dilfagol addles.
9. OBLIGATIONS OF PIRSONS UNDER THIS NOTE
If more dwa son;ert, wgml this Nag, out person is gully and personally obligated b limp an of the
Maim made in hie Note, including the promise b pay The full amoom owed Any person who is a gtraaoesr,
ately or eadmw mf lhia Now h Ww obligated es do time gunge. Any paean who alma ova there obliipi ioar,
mhhdisg ties obUpdons of a surety a enrdeger of title Nme, it also obligated fo keep erg of dam prmnfara
mace (a thin Nok The Note Holds may mfora its Tights under dth Note 4dw each 0immii ladividually or
against erg of n logaha. Tleis record; that anyone of us maybe requirw to pay all of the amounts owed under thin
Note.
10. WAIVERS ,;,.t,..
I dud city athu person who has obligations under bait Note waive die rigita of praatlmeot Wd linden of
diahonor.'Preentatast• mess die r' b retlaire the Note Holder to demand paymed of ammmis des "No6oe of
dim one mass eta right to require the Note Holder to give notice to afar person that nawaols due have as ban
paid.
La EFSISM
Lear Number 1005987 Pager3 ofd WAAAP
(Page 60 of 67)
0 0
11. UNIFORM SECURM LNO&
Th6 Nola is a unikara ' wkb limited varkilmu it some jodsd' Io addition to the prowliodr
given to tie Note Holder soft ibis Note, a Mongage, Deed of Tno or Sect0y Dad (ft'580Ay IutltlttlORM
dated the --daft r"Non. y:ouces dm Note Holder 6sia porabla loner wlieh aig)rt nsok if i do sot bep
the promises lint 1 maloe is ilia Noce That Security lattromatt desenbea how and tattier whet oosditisas I may be
required b maim immadiale payment in full of all amounts 1 owe utdef this Now. Some chime eosdhionc aft
descrbbed u follow :
Trander of ma hsperty or a Beediclel laterw in Bmsoww if all or any pert of the pp?tpppp??ettyytY any
4eterm in the Pro" is soM or taosferred (or if Borrower ism a sah" person and a bwtetieid'mrreat in
Borrower is sold or traosfutod), without Landes prior wriooa cossent. Lander may. at Its o
isn ptba, to pane
nedids poymsat m fiLU of all am secured by this SeoA* Instrument. Howswr, this opioa &V Aot W
caarciasd by Lawler if exeteise In prohibited! bbyy Applicable Law. I Potion also shall not exercise tYb option if (a)
Bottswx eassea to be sobatilmd Io l ettda itdamutios tcwweA by Leader to evaluate *A bttteaded traaafhaao u if
a now Im wma bob% made ao the buueferee; and (b) Lender remosably delarmises that Le does aacticky will not
bv'6np&fivd by d- I- ' s and rhat dw risk ofa breach of any cv+eoast or sgtanmcat bn tbb Security
t is accept" to
To 6te utest pem+it ed by Applicable Law. I ender may chorgs a nuattable tae a a oaodition b Lssdnr s
consent be the bas assumption. Lander may also require the transferee to ttig it an ramptiea a6mamest fiat is
seoepftble b Ltardsr and that obligaw the transferee b kexp all tits peombss and agmenrems made in list Now and
m tin Saariry lusssmaan. Hareswer will eastinue to be obligped tinder the Moto and Phis Seveity Lsmtommt
tmless I,eoder telasaaa Bono+vc is writigg.
If B.aadsf saareisq the Option to tesptire mtmedialt payment IA fall, i ender tdlall jIYO Ht?OVMar sodco of
aecelatstion Tic aotbce shop provide ¦ period of sot lac than 30 days tiross 6ts tWe We sake H Sim in
aeoorda.ee will Sxtioa is witbia wlricb Bmro.v.r meat pay aL cams aoatrad by iii 3eour4y Iawoatwt. If
Bonovrer falls m pay these sons prior b the espiretion of this parlod? I.anda may isvdx any rmtodia perodmed
by ibis Severity Issatmam willtoat farther notice or deautd os Borrower.
"WITNESS THE HAND(S) AND SEAL(S) OF TILE UNDERSIGNED`
6-wka rtv (SOaQ
(S0
(Sup (SW)
•Boeoaw -tlonrw
( ) Pal)
-9a,ow. asnv+sr
MISN
Low Number 1005987 Pop 4 of 4 lsitials
(Page 61 of 67)
0 9
ADJUSTAIR RATE INTEREST RATE &R &
PREPAYMENT PENALTY Addendum to Note
Tkb ADAWABLE RdIEREST RATE FLOOR & PREPAYMENT PENALTY ADDENDUM u me& t w 46 day
of Auk 2006, and anaeds sloe NOW in the MOW of U.S. S 100A00.00 dried the same dace and pro by the paaon(s)
who signs below (the "Borsawa(s)') to Equifiret Corpordion (the "Lander').
In addition to do egteemoms and provisions made in the NOW and the Secorky kwumenk end nawidsItla tg MY
provisions, to the contrary eeamieed in said Note or the Smarity luzbvmant, both dw Beetower(a) end the I ender Halter
epee n follows;
ADJUSTABLE MEA[ST RATE FLOOR
This loan has as b wm Rah 'Flow' which will limit rho amount the Interest Rate w Of OW
clamps in dm Judea, the bttamt Rate during the tam of this lent will new be tees sham the b"d Ietaett Rats FavWcd
for in Section 2 of the Note.
MVAYMETIT PENALTY
In the event, during the fad 2 yeas: aha the exoe i4m of this Note, I male a prapaymant end dr ptepeyawa
etweads twamy pwooet (20%) of the o4ial ptbteipl amount of the lose ie att)'twelve (12).aaet~ emod, I wtu
pry a propaymeat dtage m sa ameuot equal b sit (G) mattw advance ineaed w the attttamt; I which ie in
ae mess of twatsty petoeet (20lG) of floe origtsel peiocipe) ateeuet of tbs fan wilhir the twelve (12) o>odh period.
The Note Holder wW not areas a Prepaymeot penalty after the 2nd anrdversary of the" efateeu d" of ibis
Noe.
(Uday)IIAW
Natneha Thttmes
1003987
tttw (Iz"
PLUESE, BECKER & SALTZMAN, LLC
Attomeys at Law
20000 HORIZON WAY
SUITE 900
ROB SALTZMAN • MT. LAUREL, NEW JERSEY 080544318
RSaltzmanapbslaw.orQ (856) 813-1700
FACSIMILE: (856) 813-1720
SANFORD J. BECKER
SBecke a?obsliw-orQ
PENNSYLVANIA OFFICE:
ROBERT T. PLUESE 425 COMMERCE DRIVE, SUITE 100
RPluesenpbslaw.orq FORT WASHINGTON, PA. 19034
(215) 546-3205
ROBERT F. THOMAS •
RThomasApbslaw.org
Please reply to,
Mt. Laurel, New Jersey
March 6, 2008
ACT 91 NOTICE
OF COUNSEL:
Katz, Ettin & Levine, P.C.
The Law Offices-ofBarbara A. Fein, P.C. •
. PA and N1 Bars
Our File #84050
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 to save your home. This Notice explains how the program works
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT
COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take
this Notice with you when you meet with the Counseling Agency.
64U?Itb
The name, address and phone number of Consumer Credit Counseling Agencies serving
our 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-lo-cal- bar_ass-ocia.tion?ma-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.
HOMEOWNER'S NAME(S): Natascha Thomas and James Thomas
PROPERTY ADDRESS:332 Roxbury Road, Newville, PA 17241
LOAN ACCT. NO.: 2375082
ORIGINAL LENDER: Mortgage Electronic Registration Systems Inc. as Nominee for
Equifirst Corporation
CURRENT SERVICER: Franklin Credit Management Corporation
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR
HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE
PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE
FOR EMERGENCY MORTGAGE ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND
YOUR CONTROL,
IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY
THE PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary
stay of foreclosure- on your mortgage for thrty__(3.0) 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 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 counseling agencies for the county in which the property
is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face
meeting. Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the
reasons set forth later in this Notice (see following pages for specific information about the nature
of your default.) If you have tried and are unable to resolve this problem with the lender, you have
the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance
Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency
Assistance Program Application with one of the designated consumer credit counseling agencies
listed at the end of this Notice. Only consumer credit counseling agencies have applications for
the program and they will assist you in submitting a complete application to the Pennsylvania
Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days
of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF
YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS
LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY
AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited.
They will be disbursed by the Agency under the eligibility criteria established by the Act. The
Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives
your application. During that time, no foreclosure proceedings will be pursued against you if you
have met the time requirements set forth above. You will be notified directly by the Pennsylvania
Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO
COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage
Assistance.)
.-HOW-TO CURE YOUR-MORTGAGEDEF-A-, JL'I'-(Bringit.up-to--date). -
NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your
property located at 332 Roxbury Road Newville, PA 17241:
IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS of $891.53 since the April 1,
2007, to the present and the following amounts are now past due: $11,589.89.
Late Charges: $264.18
Escrow Advance Balance: $242.66
BPO/Inspection/Property Preservation: $95.00
Available/Unapplied Funds: -$40.43
TOTAL AMOUNT PAST DUE: $12,151.30
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 $12,151.30, 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:
Name of Servicer: Franklin Credit Management Corporation
Address: 101 Hudson Street, 25th Floor, Jersey City, NJ 07302
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.)
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_y_our case to its attorney_s,.but?!o?clwe_
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 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 pUing 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 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.
HOW TO CONTACT THE LENDER:
Name of Lender: Franklin Credit Management Corporation
Address: 101 Hudson Street, 25th Floor, Jersey City, NJ 07302
Phone Number:201-604-1800
Fax Number: 201-604-4510
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 mortgag_e_ 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 TIMES
IN ANY CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE
DOCUMENTS,
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH
ACTION BY THE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
ARE ATTACHED.
7160 3901 9845 5309 3638
Topatascha Thomas
32 Roxbury Road
ewville, PA 17241
SENDER: 1e
REFERENCE: 84050acts
PS Form 380 0 Jarwa 2005
RETURN Postage S3pq
E RECEIPT
SERVICE
9?y
•
R O ? qO1
. •
Restrh •?'yb
Total PC. 0.00
US Postal Series POSTMARK OR DATE
Receipt for
.? Certified Mail ??-
/1
No Insurance Coverage Provided U
I Do Not Use for Intemation I Mail
7160 3901 9845 5309 3621
Tojames Thomas
332 Roxbury Road
Newville, PA 17241
SENDER: .le
REFERENCE: 84050acts
PS Form 3800 Jarwa 2 • 32
RETURN ? ?`a2?+ 0
RE (a3p9 0
s 9845 • • .
Val 0
•
?1b0 3 • 0.00
0.00
US Pastel Servit:i POSTMARK OR DATE
Receipt for
Certified Mail
No Insurance Coverage Provided l'
Do Not Use for Iniernstional KW
O€ :b d Z Z bdl 8401
da
Pluese, Becker & Saltzman, LLC
Attorneys At Law
20000 Horizon Way, Suite 900
Mt. Laurel, NJ 08054
Rob Saltzman, Esquire
Attorney ID NO.: 53957
856/813-1700
Attorney for Plaintiff
84050
Franklin Credit Management Corporation,
Plaintiff,
V.
Natascha Thomas (Record Owner and
Mortgagor)
James Thomas (Mortgagor Only),
Defendants.
TO THE PROTHONOTARY:
PRAECIPE TO ENTER JUDGMENT
AND ASSESSMENT OF DAMAGES
Kindly enter Default Judgment in favor of Plaintiff, Franklin Credit Management Corporation,
and against Defendant(s), Natascha Thomas (Record Owner and Mortgagor) and James Thomas
(Mortgagor Only), for failure to file an Answer to Plaintiffs Civil Action in Mortgage
Foreclosure within the time provided for by applicable law from service thereof.
Service was made on the Defendant(s) by Sheriff of Cumberland County as follows:
Natascha Thomas (Record Owner and Mortgagor), served on May 9, 2008.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 08-2536 Civil Term
James Thomas (Mortgagor Only), served on May 9, 2008.
Assess Damages as follows:
Total Demand in Complaint $111,145.64
Interest due and owing at the rate of $22.59 per diem
from 4/5/08 to 6/17/08 $ 1,671.66
TOTAL JUDGMENT TO BE ENTERED $112,817.30
PLUESE, BECKER & S LTZMAN, LLC
By:
Rob altzman, Esquire
,4ltttorneys for Plaintiff
r
Pluese, Becker & Saltzman, LLC
Attorneys At Law
20000 Horizon Way, Suite 900
Mt. Laurel, NJ 08054
Rob Saltzman, Esquire
Attorney ID NO.: 53957
856/813-1700
Attorney for Plaintiff
84050
Franklin Credit Management Corporation,
Plaintiff,
V.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 08-2536 Civil Term
Natascha Thomas (Record Owner and
Mortgagor)
James Thomas (Mortgagor Only),
Defendants.
Sworn to and Subscribed before
CERTIFICATION OF ADDRESSES
I, Dawn Killen, Legal Assistant, of the Law Firm of Pluese, Becker & Saltzman, Attorney for
Plaintiff, Franklin Credit Management Corporation, hereby certify that the Plaintiffs correct
address is 202 Hudson Street, 25`h Floor, Jersey City, NJ 07302 and the last known address of
each Defendant is as below.
Natascha Thomas (Record Owner and Mortgagor), 332 Roxbury Road, Newville, PA 17241
James Thomas (Mortgagor Only), 332 Roxbury Road, Newville, PA 17241
I certify that the foregoing information is true and correct to the best of my knowledge,
information and belief.
me this 1
PLUESE, BECKER & SALTZMAN, LLC
By:
Dawn Killen, Legal Assistant
- JENNIFER EISER
NOTARY, PI)BLIC OF NEW JERSEY
`IDf .2221929 _ .:'
MY. CQMMI.SSION 0010
smog;
Y
Pluese, Becker & Saltzman, LLC
Attorneys At Law
20000 Horizon Way, Suite 900
Mt. Laurel, NJ 08054
856/813-1700
Rob Saltzman, Esquire
Attorney ID No.: 53957
Attorney for Plaintiff
84050
Franklin Credit Management Corporation,
Plaintiff,
V.
Natascha Thomas (Record Owner and
Mortgagor)
James Thomas (Mortgagor Only),
Defendants.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 08-2536 Civil Term
AFFIDAVIT OF
NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
S.S.
I, Rob Saltzman, Esquire, being duly sworn, deposes and says that the averments herein are
based upon investigations made and records maintained either by or an behalf of the Plaintiff
herein named and that such investigations, including inquiry of the U.S. Department of Defense
via their website, https://www.dmdc.osd.mil/scra/owa/home, and/or records indicate that the
above-named Defendant(s) is/are not in the Military or Naval Service of the United States of
America or its Allies as defined by the Servicemembers Civil Relief Act 50 U.S.C. Appx, sec
501, et seq., as amended, and that the age and last known residence and employment of each
Defendant are as follows:
Defendant: Natascha Thomas (Record Owner and Mortgagor)
Age: Over 18
Residence: 332 Roxbury Road, Newville, PA 17241
Employment: Unknown
Defendant: James Thomas (Mortgagor Only)
Age: Over 18
Residence: 332 Roxbury Road, Newville, PA 17241
Employment: Unknown
PLUESE, BECKER & SALTZMAN, LLC
By:
ob Saltzman, Esquire
Attorney ID No.: 53957
5"
t
rv- Alt,
Pluese, Becker & Saltzman, LLC
Attorneys At Law
20000 Horizon Way, Suite 900
Mt. Laurel, NJ 08054
Rob Saltzman, Esquire
Attorney ID NO.: 53957
856/813-1700
Attorney for Plaintiff
84050
Franklin Credit Management Corporation,
Plaintiff,
V.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 08-2536 Civil Term
Natascha Thomas (Record Owner and
Mortgagor)
James Thomas (Mortgagor Only),
Defendants.
CERTIFICATION OF MAILING
I, Dawn Killen, Legal Assistant, of the Law Firm of Pluese, Becker & Saltzman, Attorneys for
Plaintiff, hereby certify that I forwarded to the following Defendant(s) on the date(s) listed, by
regular mail, a copy of the Notice of Intention to take Default Judgment, Rule 237.1:
Natascha Thomas (Record Owner and Mortgagor), 332 Roxbury Road, Newville, PA 17241
James Thomas (Mortgagor Only), 332 Roxbury Road, Newville, PA 17241
PLUESE, BECKER & SALTZMAN
By:
Dawn Killen, ega11 Assista n t
Pluese, Becker & Saltzman, LLC.
Robert F. Thomas, Esquire
Attorney Identification No.: 70206
20000 Horizon Way, Suite 900
Mt. Laurel, NJ 08054
(856) 813-1700
Attorney for Plaintiff
84050
FRANKLIN CREDIT MANAGEMENT
CORPORATION
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff,
v.
NATASCHA THOMAS (RECORD
OWNER AND MORTGAGOR) AND
JAMES THOMAS (MORTGAGOR ONLY
: No. 08-2536 Civil Term
Defendant(s).
NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa. R.C.P. 237.1
IMPORTANT NOTICE
You are in default because you have failed to enter a written appearance personally or by attorney and
file in writing with the Court your defenses or objections to the claims asserted against you. Unless you
act within ten (10) days from the date of this Notice as set forth below, a Judgment may be entered
against you without a hearing and you may lose your property or other important rights and may be liable
for money damages. You should take this Notice to a lawyer at once. If you do not have a lawyer, go to
or telephone the office set forth below. This office can provide you with information about hiring a
lawyer. If you cannot afford to hire a lawyer, this office may be able to provide you with information
about agencies that may offer legal services to eligible persons at a reduced fee or no fee.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
1/800-990-9108
NOTIFICACION IMPORTANTE
Usted esta en incumplimiento de su oblicacion legal de presentar, ya sea personalmente o por medio de
su abogado, una declaracion por escrito y por no haber presentado por escrito sus defensas a los cargos
que se han presentado en su contra. Si usted no toma accion dentro de diez (10) dias de la fecha de esta
Notificacion, se registrara una sentencia en su contra sin audiencia y usted podra perder su propiedad u
otros derechos importantes y podra ser responsable por danos monetarios. Lleve esta demanda a un
abogado immediatamente. Si no tiene abogado, vaya en persona o flame por telefono a la oficina cuya.
Esta oficiana puede proveer de usted la informacion sobre emplear a un abogado. Si usted no puede
permitirse a la ira de h a la capa, esta oficina puede poder proveer de usted la informacion sobre las
agencias que pueden ofrecer servicios juridicos a las personas elegibles en un honorari o reducido o
ningun honorario.
1.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
11800-990-9108
Date of Notice: June 3, 2008
PERSONS SERVED:
Natascha Thomas
332 Roxbury Road
Newville, PA 17241
James Thomas
332 Roxbury Road
Newville, PA 17241
PLUESE, BEC SALTZMAN, LLC.
`J
By:
Robe Thomas, Esquire
Attorneys for Plaintiff
CASE NO: 2008-02536 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FRANKLIN CREDIT MANAGEMENT
VS
THOMAS NATASCHA ET AL
WILLIAM CLINE
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
THOMAS NATASCHA the
DEFENDANT , at 1737:00 HOURS, on the 9th day of May 2008
at 332 ROXBURY ROAD
NEWVILLE, PA 17241
NATASCHA THOMAS
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 28.00
Affidavit .00
Surcharge 10.00
.00
56.00
Sworn and Subscibed to
before me this day
So Answers:
R. Thomas Kline
05/12/2008
PLUESE BECKER SALTZMAN
By: _
Deputy Sheriff
of A. D.
r
CASE NO: 2008-02536 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FRANKLIN CREDIT MANAGEMENT
VS
THOMAS NATASCHA ET AL
WILLIAM CLINE , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
THOMAS JAMES the
DEFENDANT , at 1737:00 HOURS, on the 9th day of May , 2008
at 332 ROXBURY ROAD
NEWVILLE, PA 17241 by handing to
NATASCHA THOMAS, ADULT IN CHARGE
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
So Answers:
R. Thomas Kline
05/12/2008
PLUESE BECKER SALTZMAN
By:
-?_
Deputy Sheriff
of A. D.
Sworn and Subscibed to
before me this day
.
.
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2008-02536
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
FRANKLIN CREDIT MANAGEMENT
VS
THOMAS NATASCHA ET AL
R. Thomas Kline Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
OCCUPANT but was
unable to locate Him in his bailiwick
/Y P'?w RTIT T TTTT TR/17']T Tl1T1 L,
He therefore returns the
the within named DEFENDANT OCCUPANT
332 ROXBURY ROAD
NEWVILLE, PA 17241
THERE WERE NO OTHER OCCUPANTS.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
NOT FOUND , as to
So answers:
6.00
f?
.00
5.00 R. Th as ine
10.00 Sheriff of Cumberland County
.00
21.00 PLUESE BECKER SALTZMAN
05/12/2008
Sworn and Subscribed to before
me this day of
A. D.
a
lew
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
ONE COURTHOUSE SQUARE
CARLISLE, PA 17013
CURT LONG, PROTHONOTARY
TO: Natascha Thomas (Record Owner and Mortgagor) James Thomas (Mortgagor Only)
332 Roxbury Road 332 Roxbury Road
Newville, PA 17241 Newville, PA 17241
Franklin Credit Management Corporation,
Plaintiff, COURT OF COMMON PLEAS
V. CUMBERLAND COUNTY
Natascha Thomas (Record Owner and NO. 08-2536 Civil Term
Mortgagor)
James Thomas (Mortgagor Only), NOTICE PURSUANT TO RULE 236
Defendants.
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a
Judgment has been entered against you in the above-captioned proceeding as indicated below.
Curt Long, Prothonotary
[XX] Judgment entered by Default
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
Rob Saltzman, Esquire, Attorney ID 453957
PLUESE, BECKER & SALTZMAN, LLC
20000 Horizon Way, Suite 900
Mt. Laurel, NJ 08054
856/813-1700
Attorneys for Plaintiff
W/
PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P. 3180-3183
Franklin Credit Management
Corporation
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Natascha Thomas (Record Owner and
Mortgagor)
James Thomas (Mortgagor Only)
Defendant(s)
To the Prothonotary:
Issue Writ of Execution in the above matter:
AMOUNT DUE
INTEREST
From 6/18/08 to 12/10/08
@ $18.55 per diem
Total
(Costs to be added)
Date: June 13, 2008
Note: Please attach description of Property.
NO.: 08-2536 Civil Term
$112,817.30
$ 3,264.80
$116,082.10
Ro Saltzman, Esquire
ttomey for Plaintiff
20000 Horizon Way, Suite 900
Mount Laurel, NJ 08054
(856) 813-1700
Attorney ID No.: 53957
File #84050
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TRACT NO. 1:
ALL the following described real estate lying and being situate in Lower Mifflin
Township, Cumberland County, Pennsylvania, referred to as Lot No. C more
particularly described in accordance with Subdivision Plan entitled "Final Subdivision
Plan for Edgar Stum", prepared by Eric L. Diffenbaugh, Professional Land Surveyor,
which said Subdivisions Plan has been approved by the appropriate municipal
authorities and is recorded in Cumberland County Plan Book 79, Page 145, as follows:
BEGINNING at a set railroad spike in public road SR-0997 (Roxbury Road) at corner of
the within described parcel and parcel B on the above referred to Subdivision Plan;
thence along Roxbury Road, North 48 degrees 51 minutes 49 seconds East, 50.00 feet
to a point, in line of land now or formerly of Wayne F. Peters, which lands the within
described parcel is being added to as a lot addition; thence along Peter's lands,
South 48 degrees 20 minutes 14 seconds East, 249.10 feet to a set iron pin, in line of
lands now or formerly of Elwood R. and David W. Gutshall; thence along line of lands of
Gutshall, South 33 degrees 22 minutes 56 seconds West, 50.13 feet to a set iron pin at
corner of Parcel B; thence along line of parcel B, North 48 degrees 20 minutes 14
seconds West, 262.59 feet to the set railroad spike at point and place of beginning.
CONTAINING 0.2914 acres, in accordance with the above referred to Subdivision Plan.
TRACT NO. 2:
ALL THAT CERTAIN lot of ground situate in Lower Mifflin Township, Cumberland
County, Pennsylvania, bounded and described in accordance with survey made by
Thomas A. Neff, on March 27, 1968, a draft of said survey being attached hereto and
incorporated herein by reference, as follows:
BEGINNING at a spike in the center line of a public road known as Legislative Route
21001 at the Northwestern corner of land now or formerly of William G. Wert, which
spike at the place of beginning is one thousand three hundred sixty (1,360) feet West
of the center line of Legislative Route 21036; thence from said spike at the place of
beginning along said line of land now or formerly of William G. Wert, South 58 degrees
45 minutes East, a distance of two hundred (200) feet to a stake in line of land now or
formerly of G. Herbert Richardson; thence along said line of land now or formerly of G.
Herbert Richardson, South 42 degrees 17 minutes 20 seconds West, a distance of one
hundred (100) feet to a stake in line of land now or formerly of Lester L. Clever;
thence along said line of land now or formerly of Lester L. Clever, North 58 degrees 45
minutes West, a distance of two hundred (200) feet to a spike in the center line of
Legislative Route 21001; thence along the center line of said Legislative Route 21001,
North 42 degrees 17 minutes 20 seconds East, a distance of one hundred (100) feet to
a spike, the place of beginning.
CONTAINING one hundred (100) feet in front along the center line of Legislative Route
21001 and extending Southwardly there from at an even width a distance of two
hundred (200) feet, comprising an area of forty-five one hundredths (.45) acre, and
having thereon erected a one story brick and aluminum siding covered dwelling house.
ti
TAX PARCEL NUMBER: 15-05-0411-018
TITLE TO SAID PREMISES IS VESTED IN Natascha Thomas, a married
woman by reason of the following:
BEING THE SAME premises which Wayne F. Peters, a married man by Deed
dated 8/4/2006 and recorded 8/14/2006 in the County of Cumberland in Deed
Book 276, Page 773 conveyed unto Natascha Thomas, a married woman.
AND ALSO BEING THE SAME premises which Wayne F. Peters, a married man
by Corrective Deed dated 12/1/2006 and recorded 12/11/2006 in the County of
Cumberland in Deed Book 277, Page 4692 conveyed unto Natascha Thomas, a
married woman.
NOTICE: This Corrective Deed is being done to include Tract No. 2 that was
not included with the prior transfer in Deed Book Volume 276 at Page 773,
dated August 4, 2006 and recorded August 14, 2006 in Cumberland County.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-2536 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due FRANKLIN CREDIT MANAGEMENT
CORPORATION, Plaintiff (s)
From NATASCHA THOMAS (RECORD OWNER AND MORTGAGOR) AND JAMES
THOMAS (MORTGAGOR ONLY)
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTON.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $112,817.30
L.L. $.50
Interest FROM 6/18/08 TO 12/10/08 @ $18.55 PER DIEM -- $3,264.80
Atty's Comm %
Atty Paid $212.00
Due Prothy $2.00
Other Costs
Plaintiff Paid
Date: JUNE 17, 2008
(Seal)
C . Long, ro ry
By:
Deputy
REQUESTING PARTY:
Name ROB SALTZMAN ESQUIRE
Address: 20000 HORIZON WAY, SUITE 900
MOUNT LAUREL, NJ 08054
Attorney for: PLAINTIFF
Telephone: 856-813-1700
Supreme Court ID No. 53957
PLUESE, BECKER & SALTZMAN, LLC
By: Rob Saltzman, Esquire
Attorney I.D. #53957
20000 Horizon Way, Suite 900
Mount Laurel, NJ 08054
Phone: 856-813-1700
Attorney for Plaintiff
Franklin Credit Management Corporation,
Plaintiff,
V.
Court of Common Pleas
Cumberland County
Natascha Thomas (Record Owner and Mortgagor)
James Thomas (Mortgagor Only),
Defendant(s).
Docket #08-2536 Civil Term
CERTIFICATION AS TO THE SALE OF REAL PROPERTY
I, Rob Saltzman, Esquire hereby certify that I am the attorney of record for the Plaintiff, Franklin
Credit Management Corporation in this action against real property and I further certify that this
property is:
( ) FHA - Tenant Occupied or Vacant
( ) Commercial
(X) That the Plaintiff has complied in all respects with Section 403 of the
HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983
which may include but is not limited to:
(a) Service of Notice of Defendant(s)
(b) Expiration of thirty days since the Service of Notice
(c) Defendant's failure to request or to appear at a face-to-face meeting
with the Mortgagee or with a Consumer Credit Counseling Agency.
(d) Defendant's failure to file an application for financial assistance with
the Pennsylvania Housing Finance Agency and/or the denial of such
application.
I further agree to indemnify and hold harmless the Sheriff of Cumberland County for any willfully
false material statements given herein.
Respectfully submitted,
PLUESE, BECKER LTZMAN, LLC
BY:
Pb Saltzman, Esquire
Attorney for Plaintiff
Our File #84050
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PLUESE, BECKER & SALTZMAN, LLC
By: Rob Saltzman, Esquire
Attorney I.D. #53957
20000 Horizon Way, Suite 900
Mount Laurel, NJ 08054
Phone: 856-813-1700
Attorney for Plaintiff
din Credit Management Corporation
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
v.
Natascha Thomas (Record Owner and Mortgagor)
James Thomas (Mortgagor Only)
Defendant
Docket #08-2536 Civil Term
AFFIDAVIT OF LAST KNOWN ADDRESS
I, Rob Saltzman, Esquire, Attorney for Plaintiff, Franklin Credit Management Corporation, hereby
certify that the last known address(es) of the Defendant(s) is/are as below:
Natascha Thomas (Record Owner and Mortgagor), 332 Roxbury Road, Newville, PA 17241
James Thomas (Mortgagor Only), 332 Roxbury Road, Newville, PA 17241
I certify that the foregoing information is true and correct to the best of my knowledge, information
and belief.
Respectfully submitted,
PLUESE, BECER& S LTZMN, LLC
BECK
BY:
R Saltzman, Esquire
ttornev for Plaintiff
Our File #84050
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PLUESE, BECKER & SALTZMAN, LLC
By: Rob Saltzman, Esquire
Attorney I.D. #53957
20000 Horizon Way, Suite 900
Mount Laurel, NJ 08054
Phone: 856-813-1700
Attorney for Plaintiff
Franklin Credit Management Corporation,
Plaintiff,
V.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Natascha Thomas (Record Owner and Mortgagor)
James Thomas (Mortgagor Only),
Defendants.
Docket #08-2536 Civil Term
AFFIDAVIT PURSUANT TO RULE 3129.1
Franklin Credit Management Corporation, Plaintiff in the above action, sets forth as of the date
the Praecipe for the Writ of Execution was filed the following information concerning the real
property located at 332 Roxbury Road, NewAlle, PA 17241, Cumberland County, Pennsylvania,
was true and correct to the best of its knowledge, information and belief.
1. Name and address of owner(s) or reputed owner (s):
Natascha Thomas James Thomas (Mortgagor Only)
(Record Owner and Mortgagor) 332 Roxbury Road
332 Roxbury Road Newville, PA 17241
Newville, PA 17241
2. Name and address of defendant(s) in the judgment:
SAME AS ABOVE
3. Name and last address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
None.
4. Name and address of the last recorded holder of every mortgage of record:
Franklin Credit Management Corporation
(Plaintiff)
Our File #84050
Name and address of every other person who has any record lien on the property:
None.
6. Name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale:
Cumberland Co. Dept. of Commonwealth of PA
Domestic Relations 6th Floor, Strawberry Square
P.O. Box 320 Bureau of Individual Tax
Carlisle, PA 17013 Inheritance Tax Division
Commonwealth of PA
Dept. of Welfare
P.O. Box 2675
Harrisburg, PA 17105
Dept. of Public Welfare
T.P.L. Casualty Unit
Estate Recovery Program
P.O. Box 8486, Willow Oak Building
Harrisburg, PA 17105
Attn: John Murphy, Dept. 280601
Harrisburg, PA 17128
Internal Revenue Service
Federal Estate Tax
Special Procedure Branch
P.O. Box 12051
Philadelphia, PA 19105
Name and address of every other person of whom the plaintiff has knowledge that has any
interest in the property, which may be affected by the sale:
Tenant/Occupant
332 Roxbury Road
Newville, PA 17241
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to
the penalties of 18 Pa. C.S. #4904 relating to unswom falsification to authorities.
June 13, 2008 PLUESE, BECKER & ZMAN, LLC
Date
BY:
b Saltzman, Esquire
Attorney for Plaintiff
Our File #84050
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PLUESE, BECKER & SALTZMAN, LLC
By: Rob Saltzman, Esquire
Attorney I.D. #53957
20000 Horizon Way, Suite 900
Mount Laurel, NJ 08054
Phone: 856-813-1700
for Plaintiff
Franklin Credit Management Corporation
Plaintiff,
V.
Natascha Thomas (Record Owner and Mortgagor)
James Thomas (Mortgagor Only)
Defendant
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Docket #08-2536 Civil Term
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
Natascha Thomas (Record Owner and Mortgagor) James Thomas (Mortgagor Only)
332 Roxbury Road 332 Roxbury Road
Newville, PA 17241 Newville, PA 17241
Your house at 332 Roxbury Road, Newville, PA 17241, is scheduled to be sold by the Cumberland
County Sheriff's Department to enforce the court judgment of $112,817.30 obtained by Franklin
Credit Management Corporation against you. The Sheriff's Sale will be conducted on December
10, 2008, at 10:00 A.M., at the?Cumberland County Courthouse, One Courthouse Square, Carlisle,
PA 17013-3387 or, in the alternative, at a location to be determined by the Cumberland County
Sheriff's Department.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale, you must take immediate action:
1. The sale will be cancelled if you pay to Plaintiff Mortgagee the back payments, late
charges, costs and reasonable attorneys Fees due. To find out how much you must pay,
you may call Rob Saltzman, Esquire at (215) 546-3205.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
Judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
Our File #84050
r
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice below on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You
may find out the price bid by calling Rob Saltzman, Esquire at (215) 546-3205, or by calling the
Cumberland County Sheriff's Department at (717) 240-6390
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale.
To find out if this has happened, you may call Rob Saltzman, Esquire at (215) 546-3205, or by
calling the Sheriff's office at (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of
the property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At this time, the buyer may bring legal proceedings to
evict you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Cumberland County Sheriff on or
about thirty (30) days from the date of the Sheriff's Sale. This schedule will state who will be
receiving that money. The money will be paid out in accordance with this schedule unless
exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten
(10) days after Distribution sheet is posted.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
Our File 084050
d
OW
TRACT NO. 1:
ALL the following described real estate lying and being situate in Lower Mifflin
Township, Cumberland County, Pennsylvania, referred to as Lot No. C more
particularly described in accordance with Subdivision Plan entitled "Final Subdivision
Plan for Edgar Stum", prepared by Eric L. Diffenbaugh, Professional Land Surveyor,
which said Subdivisions Plan has been approved by the appropriate municipal
authorities and is recorded in Cumberland County Plan Book 79, Page 145, as follows:
BEGINNING at a set railroad spike in public road SR-0997 (Roxbury Road) at corner of
the within described parcel and parcel B on the above referred to Subdivision Plan;
thence along Roxbury Road, North 48 degrees 51 minutes 49 seconds East, 50.00 feet
to a point, in line of land now or formerly of Wayne F. Peters, which lands the within
described parcel is being added to as a lot addition; thence along Peter's lands,
South 48 degrees 20 minutes 14 seconds East, 249.10 feet to a set iron pin, in line of
lands now or formerly of Elwood R. and David W. Gutshall; thence along fine of lands of
Gutshall, South 33 degrees 22 minutes 56 seconds West, 50.13 feet to a set iron pin at
corner of Parcel B; thence along line of parcel B, North 48 degrees 20 minutes 14
seconds West, 262.59 feet to the set railroad spike at point and place of beginning.
CONTAINING 0.2914 acres, in accordance with the above referred to Subdivision Plan
TRACT NO. 2:
ALL THAT CERTAIN lot of ground situate in Lower Mifflin Township, Cumberland
County, Pennsylvania, bounded and described in accordance with survey made by
Thomas A. Neff, on March 27, 1968, a draft of said survey being attached hereto and
incorporated herein by reference, as follows:
BEGINNING at a spike in the center line of a public road known as Legislative Route
21001 at the Northwestern corner of land now or formerly of William G. Wert, which
spike at the place of beginning is one thousand three hundred sixty (1,360) feet West
of the center fine of Legislative Route 21036; thence from said spike at the place of
beginning along said line of land now or formerly of William G. Wert, South 58 degrees
45 minutes East, a distance of two hundred (200) feet to a stake in line of land now or
formerly of G. Herbert Richardson; thence along said line of land now or formerly of G.
Herbert Richardson, South 42 degrees 17 minutes 20 seconds West, a distance of one
hundred (100) feet to a stake in line of land now or formerly of Lester L. Clever;
thence along said line of land now or formerly of Lester L. Clever, North 58 degrees 45
minutes West, a distance of two hundred (200) feet to a spike in the center line of
Legislative Route 21001; thence along the center line of said Legislative Route 21001,
North 42 degrees 17 minutes 20 seconds East, a distance of one hundred (100) feet to
a spike, the place of beginning.
CONTAINING one hundred (100) feet in front along the center line of Legislative Route
21001 and extending Southwardly there from at an even width a distance of two
hundred (200) feet, comprising an area of forty-five one hundredths (.45) acre, and
having thereon erected a one story brick and aluminum siding covered dwelling house.
A
TAX PARCEL NUMBER: 15-05-0411-018
TITLE TO SAID PREMISES IS VESTED IN Natascha Thomas, a married
woman by reason of the following:
BEING THE SAME premises which Wayne F. Peters, a married man by Deed
dated 8/4/2006 and recorded 8/14/2006 in the County of Cumberland in Deed
Book 276, Page 773 conveyed unto Natascha Thomas, a married woman.
AND ALSO BEING THE SAME premises which Wayne F. Peters, a married man
by Corrective Deed dated 12/1/2006 and recorded 12/11/2006 in the County of
Cumberland in Deed Book 277, Page 4692 conveyed unto Natascha Thomas, a
married woman.
NOTICE. This Corrective Deed is being done to include Tract No. 2 that was
not included with the prior transfer in Deed Book Volume 276 at Page 773,
dated August 4, 2006 and recorded August 14, 2006 in Cumberland County.
N
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Franklin Credit Management Corporation
VS
Natascha Thomas and James Thomas
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2008-2536 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED per letter of request from Attorney Rob Saltzman.
Sheriff's Costs:
Docketing 30.00
Poundage 2.05
Levy 30.00
Prothonotary 2.00
Law Library .50
Surcharge 40.00
$ 104.55 ?
So Answers:
R. Thomas Kline, Sheriff
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Real Estate S eant
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PLUESE, BECKER & SALTZMAN, LLC
By: Rob Saltzman, Esquire
Attorney I.D. #53957
20000 Horizon Way, Suite 900
Mount Laurel, NJ 08054
Phone: 856-813-1700
for Plaintiff
Franklin Credit Management Corporation,
Plaintiff,
V.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Natascha Thomas (Record Owner and Mortgagor)
James Thomas (Mortgagor Only),
Defendants.
Docket #08-2536 Civil Term
AFFIDAVIT PURSUANT TO RULE 3129.1
Franklin Credit Management Corporation, Plaintiff in the above action, sets forth as of the date
the Praecipe for the Writ of Execution was filed the following information concerning the real
property located at 332 Roxbury Road, Newville, PA 17241, Cumberland County, Pennsylvania,
was true and correct to the best of its knowledge, information and belief.
Name and address of owner(s) or reputed owner (s):
Natascha Thomas James Thomas (Mortgagor Only)
(Record Owner and Mortgagor) 332 Roxbury Road
332 Roxbury Road Newville, PA 17241
Newville, PA 17241
2. Name and address of defendant(s) in the judgment:
SAME AS ABOVE
3. Name and last address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
None.
4. Name and address of the last recorded holder of every mortgage of record:
Franklin Credit Management Corporation
(Plaintiff)
Our File #84050
5. Name and address of every other person who has any record lien on the property:
None.
6. Name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale:
Cumberland Co. Dept. of
Domestic Relations
P.O. Box 320
Carlisle, PA 17013
Commonwealth of PA
Dept. of Welfare
P.O. Box 2675
Harrisburg, PA 17105
Dept, of Public Welfare
T.P.L. Casualty Unit
Estate Recovery Program
P.O. Box 8486, Willow Oak Building
Harrisburg, PA 17105
Commonwealth of PA
6th Floor, Strawberry Square
Bureau of Individual Tax
Inheritance Tax Division
Attn: John Murphy, Dept. 280601
Harrisburg, PA 17128
Internal Revenue Service
Federal Estate Tax
Special Procedure Branch
P.O. Box 12051
Philadelphia, PA 19105
7. Name and address of every other person of whom the plaintiff has knowledge that has any
interest in the property, which may be affected by the sale:
Tenant/Occupant
332 Roxbury Road
Newville, PA 17241
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to
the penalties of 18 Pa. C.S. #4904 relating to unsworn falsification to authorities.
June 13, 2008 PLUESE, BECKER & ZMAN, LLC
Date
BY:
b Saltzman, Esquire
Attorney for Plaintiff
Our File #84050
PLUESE, BECKER & SALTZMAN, LLC
By: Rob Saltzman, Esquire
Attorney I.D. #53957
20000 Horizon Way, Suite 900
Mount Laurel, NJ 08054
Phone: 856-813-1700
Attorney for Plaintiff
Franklin Credit Management Corporation COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY
V.
Natascha Thomas (Record Owner and Mortgagor)
James Thomas (Mortgagor Only) I Docket #08-2536 Civil Term
Defendant
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
Natascha Thomas (Record Owner and Mortgagor) James Thomas (Mortgagor Only)
332 Roxbury Road 332 Roxbury Road
Newville, PA 17241 Newville, PA 17241
Your house at 332 Roxbury Road, Newville, PA 17241, is scheduled to be sold by the Cumberland
County Sheriff's Department to enforce the court judgment of $112,817.30 obtained by Franklin
Credit Management Corporation against you. The Sheriff's Sale will be conducted on December
10, 2008, at 10:00 A.M., at the Cumberland County Courthouse, One Courthouse Square, Carlisle,
PA 17013-3387 or, in the alternative, at a location to be determined by the Cumberland County
Sheriff's Department.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale, you must take immediate action:
1. The sale will be cancelled if you pay to Plaintiff Mortgagee the back payments, late
charges, costs and reasonable attorneys Fees due. To find out how much you must pay,
you may call Rob Saltzman, Esquire at (215) 546-3205.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
Judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
Our File #84050
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice below on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You
may find out the price bid by calling Rob Saltzman, Esquire at (215) 546-3205, or by calling the
Cumberland County Sheriff's Department at (717) 240-6390
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale.
To find out if this has happened, you may call Rob Saltzman, Esquire at (215) 546-3205, or by
calling the Sheriff's office at (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of
the property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At this time, the buyer may bring legal proceedings to
evict you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Cumberland County Sheriff on or
about thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be
receiving that money. The money will be paid out in accordance with this schedule unless
exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten
(10) days after Distribution sheet is posted.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
Our File #84050
}
' TRACT NO. 1:
ALL the following described real estate lying and being situate in Lower Mifflin
Township, Cumberland County, Pennsylvania, referred to as Lot No. C more
particularly described in accordance with Subdivision Plan entitled "Final Subdivision
Plan for Edgar Stum", prepared by Eric L. Diffenbaugh, Professional Land Surveyor,
which said Subdivisions Plan has been approved by the appropriate municipal
authorities and is recorded in Cumberland County Plan Book 79, Page 145, as follows:
BEGINNING at a set railroad spike in public road SR-0997 (Roxbury Road) at corner of
the within described parcel and parcel B on the above referred to Subdivision Plan;
thence along Roxbury Road, North 48 degrees 51 minutes 49 seconds East, 50.00 feet
to a point, in line of land now or formerly of Wayne F. Peters, which lands the within
described parcel is being added to as a lot addition; thence along Peter's lands,
South 48 degrees 20 minutes 14 seconds East, 249.10 feet to a set iron pin, in line of
lands now or formerly of Elwood R. and David W. Gutshall; thence along line of lands of
Gutshall, South 33 degrees 22 minutes 56 seconds West, 50.13 feet to a set iron pin at
corner of Parcel B; thence along line of parcel B, North 48 degrees 20 minutes 14
seconds West, 262.59 feet to the set railroad spike at point and place of beginning.
CONTAINING 0.2914 acres, in accordance with the above referred to Subdivision Plan.
TRACT NO. 2:
ALL THAT CERTAIN lot of ground situate in Lower Mifflin Township, Cumberland
County, Pennsylvania, bounded and described in accordance with survey made by
Thomas A. Neff, on March 27, 1968, a draft of said survey being attached hereto and
incorporated herein by reference, as follows:
BEGINNING at a spike in the center line of a public road known as Legislative Route
21001 at the Northwestern corner of land now or formerly of William G. Wert, which
spike at the place of beginning is one thousand three hundred sixty (1,360) feet West
of the center line of Legislative Route 21036; thence from said spike at the place of
beginning along said line of land now or formerly of William G. Wert, South 58 degrees
45 minutes East, a distance of two hundred (200) feet to a stake in line of land now or
formerly of G. Herbert Richardson; thence along said line of land now or formerly of G.
Herbert Richardson, South 42 degrees 17 minutes 20 seconds West, a distance of one
hundred (100) feet to a stake in line of land now or formerly of Lester L. Clever;
thence along said line of land now or formerly of Lester L. Clever, North 58 degrees 45
minutes West, a distance of two hundred (200) feet to a spike in the center line of
Legislative Route 21001; thence along the center line of said Legislative Route 21001,
North 42 degrees 17 minutes 20 seconds East, a distance of one hundred (100) feet to
a spike, the place of beginning.
CONTAINING one hundred (100) feet in front along the center line of Legislative Route
21001 and extending Southwardly there from at an even width a distance of two
hundred (200) feet, comprising an area of forty-five one hundredths (.45) acre, and
having thereon erected a one story brick and aluminum siding covered dwelling house.
TAX.PARCEL NUMBER: 15-05-0411-018
TITLE TO SAID PREMISES IS VESTED IN Natascha Thomas, a married
woman by reason of the following:
BEING THE SAME premises which Wayne F. Peters, a married man by Deed
dated 8/4/2006 and recorded 8/14/2006 in the County of Cumberland in Deed
Book 276, Page 773 conveyed unto Natascha Thomas, a married woman.
AND ALSO BEING THE SAME premises which Wayne F. Peters, a married man
by Corrective Deed dated 12/1/2006 and recorded 12/11/2006 in the County of
Cumberland in Deed Book 277, Page 4692 conveyed unto Natascha Thomas, a
married woman.
NOTICE: This Corrective Deed is being done to include Tract No. 2 that was
not included with the prior transfer in Deed Book Volume 276 at Page 773,
dated August 4, 2006 and recorded August 14, 2006 in Cumberland County.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 08-2536 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due FRANKLIN CREDIT MANAGEMENT
CORPORATION, Plaintiff (s)
From NATASCHA THOMAS (RECORD OWNER AND MORTGAGOR) AND JAMES
THOMAS (MORTGAGOR ONLY)
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTON.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $112,817.30 L.L. $.50
Interest FROM 6/18/08 TO 12/10/08 @ $18.55 PER DIEM -- $3,264.80
Atty's Comm % Due Prothy $2.00
Atty Paid $.1240 Other Costs
Plaintiff Paid
Date: JUNE 17, 2008
Curtis R ong, Protho
(Seal)
By:
Deputy
REQUESTING PARTY:
Name ROB SALTZMAN ESQUIRE
Address: 20000 HORIZON WAY, SUITE 900
MOUNT LAUREL, NJ 08054
Attorney for: PLAINTIFF
Telephone: 856-813-1700
Supreme Court ID No. 53957
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Pluese, Becker & Saltzman, LLC.
Robert F. Thomas, Esquire
Attorney Identification No.: 70206
20000 Horizon Way, Suite 900
Mt. Laurel, NJ 08054
856-813-1700
Attorney for Plaintiff
84050
FRANKLIN CREDIT MANAGEMENT
CORPORATION
Plaintiff,
V.
NATASCHA THOMAS (RECORD
OWNER AND MORTGAGOR) AND
JAMES THOMAS (MORTGAGOR ONLY)
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 08-2536 Civil Term
Defendant(s).
TO THE PROTHONOTARY:
PRAECIPE TO SETTLE,
DISCONTINUE AND END
Kindly settle, discontinue and end the above captioned matter without prejudice.
PLUESE, BECKER & SALTZMAN, LLC.
BY:
Ro . Thomas, Esquire
# G
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Pluese, Becker & Saltzman, LLC.
Robert Thomas, Esquire
Attorney Identification No.: 70206
20000 Horizon Way, Suite 900
Mt. Laurel, NJ 08054
856/813-1700
Attorneys for Plaintiff
84050
FRANKLIN CREDIT MANAGEMENT
CORPORATION
Plaintiff,
v.
NATASCHA THOMAS (RECORD
OWNER AND MORTGAGOR) AND
JAMES THOMAS (MORTGAGOR ONLY)
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 08-2536 Civil Term
PRAECIPE TO VACATE JUDGMENT
Defendant(s).
TO THE PROTHONOTARY:
Kindly vacate Judgment on the above captioned matter without prejudice.
PLUESE, BECKER & SALTZMAN, LLC.
BY:
Rob F. Thomas, Esquire
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