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HomeMy WebLinkAbout08-3220°/"' LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN IN 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ATTORNEY FOR PLAINTIFF EMC MORTGAGE CORPORATION, COURT OF COMMON PLEAS ATTORNEY-IN-FACT FOR JPMORGAN CHASE BANK, N.A., AS CIVIL DIVISION TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED CUMBERLAND COUNTY SECURITIES TRUST 2005-SD4, MORTGAGE PASS-THROUGH ?/?j CERTIFICATES, SERIES 2005-SD4 NO. a$ - 3a ID Civi k (errA 800 STATE HIGHWAY 121 BYPASS LEWISVILLE, TX 75067-4180 COMPLAINT IN PLAINTIFF MORTGAGE FORECLOSURE VS. RICHARD G. EMORY, A/K/A RICHARD GLEN EMORY 50 OLD ORCHARD CIRCLE CAMP HILL 17011 DEFENDANT NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 800-990-9108 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ATTORNEY FOR PLAINTIFF EMC MORTGAGE CORPORATION, COURT OF COMMON PLEAS ATTORNEY-IN-FACT FOR JPMORGAN CHASE BANK, N.A., AS CIVIL DIVISION TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED CUMBERLAND COUNTY SECURITIES TRUST 2005-SD4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-SD4 NO. d f _ 3,Z D-a ( T.cu,,,_ 800 STATE HIGHWAY 121 BYPASS LEWISVILLE, TX 75067-4180 COMPLAINT IN PLAINTIFF MORTGAGE FORECLOSURE Vs. RICHARD G. EMORY, A/K/A RICHARD GLEN EMORY 50 OLD ORCHARD CIRCLE CAMP HILL, 17011 DEFENDANT CIVIL ACTION MORTGAGE FORECLOSURE 1. EMC Mortgage Corporation, Attorney-in-fact for JPMorgan Chase Bank, N.A., as Trustee for certificateholders of Bear Stearns Asset Backed Securities Trust 2005-SD4, Mortgage Pass-Through Certificates, Series 2005-SD4 (hereinafter referred to as "Plaintiff") is an Institution conducting business under the Laws of the Commonwealth of Pennsylvania with a principal place of business at the address indicated in the caption hereof. 2. Richard G. Emory, a/k/a Richard Glen Emory (hereinafter referred to as "Defendant") is an adult individual residing at the address indicated in the caption hereof. 3. Plaintiff brings this action to foreclose on the mortgage between Defendant and itself as Mortgagee by Assignment. The Mortgage, dated July 9, 2004, was recorded on July 14, 2004 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 1873, Page 2715. A copy of the Mortgage is attached and made a part hereof as Exhibit `A'. Plaintiff is now the legal owner of the mortgage and in the process of formalizing an assignment of same. r 7 4. The Mortgage secures the indebtedness of a Note executed by the Defendant on July 9, 2004 in the original principal amount of $135,900.00 payable to Plaintiff in monthly installments with an interest rate beginning at 7.90%. A copy of the Note is attached and made a part hereof as Exhibit `B'. 5. The land subject to the mortgage is 50 Old Orchard Circle, Camp Hill 17011. A copy of the Legal Description is attached as part of the Mortgage as Exhibit `A' and incorporated herein. 6. The Defendant is the Record Owner of the mortgaged property located at 50 Old Orchard Circle, Camp Hill 17011. 7. The Mortgage is now in default due to the failure of Defendant to make payments as they become due and owing. As a result of the default, the following amounts are due: Principal Balance $132,906.94 Interest to 5/16/2008 $14,411.52 Escrow Advance $321.25 Accumulated Late Charges $161.11 Accumulated NSF Charges $10.00 Recoverable Balance $1,327.54 Other Fees Due $36.95 Cost of Suit and Title Search $550.00 Attorney's Fees $1,000.00 TOTAL $150,725.31 plus interest from 5/17/2008 at $35.96 per day, costs of suit and attorney's fees. 8. The attorney's 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 purchase at Sheriff's sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 9. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a defaulting mortgagor with a Notice of Homeowners' Emergency Mortgage Assistance ("Act 91 Notice") 35 P.S. Section 1680.403c. 10. The Notice of Homeowners' Emergency Mortgage Assistance was required and Plaintiff sent the uniform notice as promulgated by the Pennsylvania Housing Finance Agency to the Defendant by regular and certified mail on January 29, 2008. A copy of the Notice is attached and made a part hereof as Exhibit `C'. 11. The Mortgage is not a residential mortgage under 41 P.S. Section 401 because the principal amount of the Mortgage is in excess of $50,000.00 and, therefore, Plaintiff was not required to send the Act 6 Notice of Intention to Foreclose. WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiff s favor and against the Defendant, in the sum of $150,725.31 together with the interest from 5/17/2008 at $35.96 per day, costs of suit and attorney's fees. Law Offices of Gregory Javardian BY: G ory Ja r is ttorney ID . 55669 Attorney for Plaintiff EXHIBIT `A' i?.5. agd?Fs I? Prepared By: FIRST HORIZON HOME LOAN CORPORATION 5901 COLLEGE BLVD, 3RD FLOOR OVERLAND PARK, ICS 66211 Parcel Number. County: 47-18-1302-113 City: DEFINITIONS ?:i:CO D:A" Jr DEEDS COUNTY-PA '04 JUL 14 fill 11 16 Return To: FIRST HORIZON HOME LOAN CORPORATION S901 COLLEGE BLVD., 3RD FLOOR OVERLAND PARR, KS 66211 [Space Above This Line For Recordist Data) MORTGAGE 0049256902 Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated July 9th, 2004 , together with all Riders to this document. (8) "Borrower" is RICHARD G EMORY AAAL yl Borrower is the mortgagor under this Security Instrumnt. (C) "Lender" is FIRST HORIZON HOME LOAN CORPORATION Lender is a CORPORATION PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1//01 ®®-6(PA) (ODDS) Page 1 d 18 MitlalS.? VMP MORTGAGE FORMS - (OWNI.Ml OK 1873PG27 IS organized and existing under the laws of THE STATE OF KANSAs Lender's address is 4000 HORIZON WAY, IRVING, T% 75063 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated JULY 9th, 2004 The Note states that Borrower owes Lender ONE HUNDRED THIRTY FIVE THOUSAND MINN HUNDRED & 00/100 Dollars (U.S. $ 135, 900.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than AUGUST 1, 2034 (E) "Property" means the property that is described below under the heading 'Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check boa as applicable): Adjustable Rate Rider ? Condominium Rider ? Second Home Rider E9 Balloon Rider El Planned Unit Development Rider 1-4 Family Ricer 0 VA Rider El Biweekly Payment Rider ? Other(s) [specify] (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (•n "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (1) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. 0049256902 E irti6ah: ®®-E(PA) Mw) Page 2d is Form 3039 1/01 n 1873PG27 I (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor In. Interest of Borrower" means any party that has takers title to the property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the county (Type of Recording Jurisdiction] Of Cumberland [Name of Recording Jurisdiction]: All that tract or parcel of land as shown on Schedule ¦A" attached hereto which is incorporated herein and made a part hereof. which currently has the address of 50 OLD ORCHARD CIRCLE CAMP HILL ("Property Address"): [Street] [city), Pennsylvania 17011 (Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. Al( replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property. " 0049256902 ®-6(PA) (ow) inidids: ® page 3d is Form 3039 1/01 6K1873PG2717 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-tmiform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check- or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unappiied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in 0049256902 lnitiala? ®g-8(PA) (oooe) Page 4 of is Form 3039 1101 87 3??27 full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property. if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan. Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly famish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall famish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Leader may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Leader, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Leader shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made m writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the 0049256902 a -MZ ;e ®®4(PAl (ooos) Page 5of 16 Form 3039 1/01 8K ! 873PG27 ! 9 Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess ftids in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but m no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in frill of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or growl rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if arty. To the extent that these items are Escrow Items, Borrower shall pay them in the mariner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the Lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which L=xL-r requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shalt be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-tine charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. 0049256902 WOWS: i ®-B(PA) (OM) Page e of 1e Form 3039 1/01 1etct873PC2720. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss. Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise. Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid wrier the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 0049256902 wea??: (& 4((PA) MM) Page 7 d 16 Form 3039 1101 BK1873PG272.1. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if. during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Leader with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property mid Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument, (b) appearing in court. and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take -action wider this Section 9, Leader does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. 0049256902 4D®-0(PA) (owe) Pace e d to Form 3039 1101 8K 1873PG2722 Any amounts disbursed by Leader under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment- If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Leader (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsures, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not Increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. 0049256902 (04(PA) (coca) aaoesd is ?? Form 3039 1101 $Kt 873PG2723 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction; (a) the total amount of the stems secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of 0049256902 6iisais: •(S' ®®-%PA) (00m) Page 10 of 16 Form 3039 1101 BK 1873PG2724 Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for Payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who cosigns this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signers consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Leader. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may net charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sutras already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 0049256902 Inieal94? 4W-6(PA) (0008) Page I l a ie Form 3039 1101 80% 1873PG2725 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all 0049256902 nrua?r?? (.WA) OM) Page 12 W is Form 3039 1101 W 1873PG2726 expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer, Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Imtntment or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances deemed as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) *Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. 0049256902 .a5-(:f 4D4XPA) (oom) Page 13 of 16 Form 3039 11'01 B!{ t 873PG2727 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any . covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert In the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and We. and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 0049256902 1*191iP ®®-6(PA) (0009) Page la d ie Form 3038 1101 6KI873PG2728 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instnunent and in any Rider executed by Borrower and recorded with it. Witnesses: _ (Seal) -Borrower _ (Seal) Borrower _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower 0049256902 -6(PA) (Boos) Page a of is f=orm 3039 1/01 DUKI(1873PG2729 Certificate of Residence I, the correct address of the within-named Mortgagee is 4000 HORIZON WAY, IRVING, T% 75063 Witness my hand this day of , do hereby certify that Agent of Mortgagee COMMONWEALTH OF PENNSYLVANIA, County ss: e4 , CUIMBRLAM day of 0 w before me, the On this, the undersigned officer, personally appeared RICHARD G =@ORY a???-tri G? M^aI% known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: NOTARIAL SEAL JAMES A. MILLER, Notary Public Boro of Camp Hill, Cumberland County, PA My Commission Expires April 30, 2005 0049256902 40-8(PA) tooos? Pape 18 of 18 wnagzee 9K t 873PG2730 Form 3039 1101 Schedule C Legal Description IA 2004-233-C ALL THAT- CERTAIN lot situate in the Borough of Wormleysburg, Cumberland County, Pennsylvania, on the Plan of Lots of Riverview, as recorded in the office of the Recorder of Deeds in and for the County of Cumberland in Plan Book No. 11, page 9 and being subject to utility easements and building and use conditions and restrictions of record, described as follows: Lot 28 Section "D" BEGINNING at a point where the division line between lots twenty-seven (27) and twenty-eight (28) intersects with the westerly side of Old Orchard Circle; thence zero degrees (00% thirty-eight (38) minutes fifty-eight (58) seconds east, along the westerly side of Old Orchard Circle, twenty-two and three- hundredth (22.03) feet to a point of curvature; thence continuing along the curving westerly side of Old Orchard Circle, in an arc created by a fifty (50) foot radius, a distance of twenty-six and eighty-seven (26.8'1) feet to a point; thence south fifty- eight (S8) degrees, thirty-three (33) minutes and thirty-six seconds west, along the division line between lots twenty-eight (28) and twenty-nine (29), a distance of one- hundred and ninety-nine hundredth (100.99) East to a point; thence north thirty-six (36) degrees thirty (30) minutes west, thence along the division line of lots eighteen (18).and nineteen (19) and lot twenty-eight (28), a distance of ninety-seven and eighty-eight hundredths (97.88) feet to a point; thence north twenty-five (25) degrees forty-nine (49) minutes three (03) seconds east, along the division line between lots twenty-six (26) and lot twenty-eight (28), a distance thirty-nine and forty-eight hundredths (39.48) feet to a point; thence north eighty-nine (89) degrees twenty-one (21) minutes two (02) seconds east, along the division line between lots twenty-seven (27) and twenty-eight (28), a distance of one hundred forty-five and twenty-one hundredths (145.21) feet to a point the place of BEGINNING. Parcel M #: 47-18-1302-113 OK ! 873PG273 I ADJUSTABLE RATE RIDER (6-Month LIBOR Index - Rate Caps) (Assumable during Life of Loan) (T<irst Business Day of Preceding Month Lookback) THIS ADJUSTABLE RATE RIDER is made this 9th day of July, 2004 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument') of the same date given by the undersigned (the "Borrower") to secure the Borrower's Adjustable Rate Note (the "Note") to FIRST HORIZON HOME LOAN CORPORATION (the 'Lender") of the same date and covering the property described in the Security Instrument and located at: 50 OLD ORCHARD CIRCLE CAMP HILL, Pennsylvania 17011 [Property Address] THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 7.900 °?. The Note provides for changes in the interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of August, 2006 , and may change on that day every sixth month thereafter. Each date on which my interest rate could change is called a "Change Date." 0049256902 MULTISTATE ADJUSTABLE RATE RIDER 6-Month LIBOR Index (Assumable during Life of Loan) (First Business Day Lookback) - Single Family - Freddie Mac UNIFORM INSTRUMENT -815R (0404) Form 51M- Page 1 of 4 Initials: 6 "Mill VMP Mortgage Solutions (800)521-7291 loin BK 1873PG2732 (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the six month London Interbank Offered Rate ("LIBOR") which is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market, as published in The Wall Street Journal . The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the `Current Index." If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding percentage point(s) ( 5.300 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.1251/0). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that 1 am expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 10.900 % or less than 7.900 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than ONE & 00/100 percentage point(s) ( 1.00 (/16) from the rate of interest I have been paying for the preceding six months. My interest rate will never be greater than 14.900 %• (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 0049256902 at-815R (0404) Initials Page 2 of 4 Form 5120 3104 ov I S73PG2733 I B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Section 18 of the Security Instrument is amended to read as follows: Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section 18, 'Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or it Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shag not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shag not exercise this option d: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the-extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in fug, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 0049256902 at-815R (0404) Page 3 of 4 Initials:4 r- Form 5120 3104 6R 1873PG2734 BY SH contained in G =WRY 0049256902 Ct-815R (0404) Page 4of4 ____ (Seal) -Borrower - (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower Form 5120 3104 I Certify this to be i-cu >rdec; In Cumberland County PA i?, sib ? j' i.•.: ?_ - - °. r.,-. n • r_•, i? d y;J G Recorder of Deeds ON, t 873PG2735 accepts and agrees to the terms and covenants (Seal) -Borrower _ (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower EXHIBIT `B' ?pY 0049256902 ADJUSTABLE RATE NOTE (LIBOR Index - Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE 1 MUST PAY. JuLy 9th, 2004 CAMP HILL PENNSYLVANIA [Date[ [City] [State] 50 OLD ORCHARD CIRCLE, CAMP HILL, Pennsylvania 17011 IProleny Addteal 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 135, 900.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is FEItST HORIZON HOME LOAN CORPORATION I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 7.900 %. The interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payments on the fist day of each month beginning on SRPTMWER 1st, 2 004 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on AUGUST 1, 2034 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at P.O. BOX 146 KDWHIS, TN 38101 or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. $ 987.73 .This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. MULTISTATE ADJUSTABLE RATE NOTE - LIBOR INDEX - Single Family - Freddie Mae UNIFORM INSTRUMENT Fort. 85901101 100-815N toztW Pap91 p(4 VAAP MORTGAGE FORMS - (800)621-729 /`=? ? I I lime ? Will 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of AUGUST, 2006 , and on that day every sixth ninth thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index* is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding percentage points ( 5.300 %) to the Current Index. The Note Holder will them round the result of this addition to the wrest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 10.900 % or less than 7.900 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one percentage point (1 %) from the rate of interest I have been paying for the preceding six months. My interest rate will never be greater than 14.900 %. Q Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are duce. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in wry to those changes. My partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 0049256902 4D.-815N (wie) Page 2d4 Form /Oi 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has trot received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.00 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send the a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class [nail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises trade in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises that I make in this Note. That Security Instrument describes how and under what conditions I may be required to [Hake immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: fj? 0049256902 ?uiitlals: ®,816N (pm) Pape 3 d 4 Transfer of the Property or a Beneficial Interest In Borrower. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if. (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE SNARY THE UNDERSIGNED. (Seal) -Borrower (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower (Seal) -Borrower -(Seal) -Borrower (Seal) -Borrower (Seal) -Borrower [Sign Original Only] 0049256902 -315N (0210) Pape 4 of 4 Form 35901101 0049256902 PREPAYMENT PENALTY ADDENDUM TO NOTE THIS PREPAYMENT PENALTY ADDENDUM TO NOTE is made this 9th day of July , 2004 and is incorporated into and shall be deemed to amend and supplement the Note made by the undersigned (the "Borrower"), in favor of FIRST HORIZON HOME LOAN CORPORATION (the "Lender") and dated the same date as this Addendum (the "Note"). The Note is secured by a security instrument, as modified or amended in favor of Lender dated the 9th day of July , 2004 (the "Security Instrument"). ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Note, Borrower and Lender further covenant and agree as follows: Any provisions of said Note, or other such instruments executed in connection with said indebtedness which are inconsistent with the provisions of this Addendum, including, but not limited to, monthly payments of principal and interest, maturity date and notice to the Borrower are hereby amended or negated to the extent necessary to conform such instruments to the provisions of this Addendum. The final Note payment shall be due and payable on August lot, 2034 The following notice is given to the Borrower as part of this loan contract pursuant to Federal regulations: S. BORROWER'S RIGHT TO PREPAY PROVISIONS FOR PREPAYMENT PENALTY Consecutive monthly principal and interest installments are due with a first due date on the lot day of September , 2004 . Such payments to continue until maturity when the remaining principal balance and any unpaid interest thereon shall be due and payable. In the event full or partial prepayment is made within two (2) years of the date of the first monthly payment, a prepayment penalty in the amount of 2.00 % of the remaining principal balance will be assessed if allowable by applicable state or federal law. BY SIGNING BELOW, Borrower accepts Prepayment Penalty A_40tndum to Note. reel to the terms and provisions contained in this RICHARD Q EMORY Borrower Borrower Borrower Borrower Borrower Borrower Borrower Mu ff-prpayment petty Page I of I F116D837 Addendum to ARM Note (Single Family) 1 1 # 0049256902 Al(onge to Note For valuable consideration, without recourse, the undersigned hereby endores to: All of his/her rights, title and interest in and to the attached Note dated 7/9/2004 In the amount of $135,900.00 Executed by RICHARD G EMORY Said Note is secured by a Mortgage/Deed of Trust of the same date on real property located at: 50 OLD ORCHARD CIRCLE CAMP HILL PA 17011 First Horizon Home Loan Corporation d/b/a First Horizon Lending Center Susan Long Divisional Vice President EXHIBIT ` 5 EMC Mortgage Corporation PO Box 141358 Irving, TX 75014-1358 NMI I III III III ,.o, 5400 zoo .=,a 6503 January 29, 2008 IRichard Emory 50 Old Orchard Cir Camp Hill, PA 17011-1826 EMC Re: Loan No: 0008456162 Mortgage Property Address: 50 Old Orchard Cir Corporation Camp Hill, PA 17011-1826 ACT 91 N TICE TAKE ACTI N T SAVE YOUR HOME FRO 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. IMPORTANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The Homeowners' Emergency 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, 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. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. La Notificaion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notificion obtenga una traduccion immediatamente llamando esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes ser elegible para un prestamo por el programa llamado "Homeowners' Emergency Mortgage Assistance Program" al cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCOUNT NUMBER: CURRENT SERVICER Richard Emory 50 Old Orchard Cir Camp Hill, PA 17011-1826 0008456162 EMC Mortgage Corporation Page two 0008456162 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM You may be eligible for financial assistance which can save your home from foreclosure and help you make future mortgage payments if you comply with the provision of the Homeowners' 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 the 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 thirty (30) days. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counselingaQencies for the county in which your property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise this 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 Homeowners' Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowners' 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 DEFAULT (Bring it up to date): NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 50 Old Orchard Cir Camp Hill, PA 17011-1826 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments from 06/01/2007: $11,607.90 (b) Late charge(s): $98.78 (c) Other charge(s): NSF and Advances $1,233.59 (d) Less: Credit Balance $0.00 (e) Total amount required as of 01/28/2008: $12,940.27 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable): HOW TO CURE THE DEFAULT - You may cure this default within THIRTY (30) DAYS from the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS $12,940.27, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other 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 to EMC Mortgage Corporation at Po Box 660530 Dallas, TX 75266-0530. .Page three 0008456162 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of date of this Notice, the lender intends to exercise its right 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, EMC Mortgage Corporation also intends to instruct their attorneys to start a legal action to foreclose upon your mortgaged property IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before they begin 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 are over $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 attorneys' 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, charges then due, reasonable attorneys' 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 Sheriffs Sale of the mortgaged proprty could be held would be approximately five (5) 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: EMC Mortgage Corporation Address: Po Box 660530 Dallas, TX 75266-0530 Telephone Number: 1-888-609-2379 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 furniture and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorneys' 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. (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. Page four 0008456162 EMC Mortgage Corporation is attempting to collect a debt, and any information obtained will be used for that purpose. Federal law gives you thirty days after you receive this letter to dispute the validity of this debt or any part of it. Unless you dispute the debt within that 30 day period, we will assume that it is valid. If you notify us in writing at the address below within the thirty day period that the debt, or any portion thereof, is disputed, we will: 1) Provide to you verification of the debt or a copy of any judgment entered against you. 2) Provide to you the name and address of your original creditor, if the original creditor is different from the current creditor. Sincerely, EMC Mortgage Corporation EMC Mortgage Corporation Po Box 660530 Dallas, TX 75266-0530, 1-888-609-2379 Appendix B Consumer Credit Counseling Agency Notification To: Name of Mortgagee: Address: In accordance with the Pennslyvania Homeowner's Emergency Mortgage Assistance Program (Act 91 of 1983), we have been approached for mortgage counseling assistance by: Name of Applicant Address Telephone Number Mortgage Loan Number Address of property on which mortgage is in default, If different from above. The counseling agency met with the above named applicant on Date Who have indicated that they are more than sixty (60) days delinquent on their mortgage payments and have received notification to foreclosure from: Name and Address of Mortgage In accordance with the Homeowner's Emergency Mortgage Assistance Program, this is to inform you that: 1. If the delinquency cannot be resolved with in the 30 day forbearance period as provided by the Servicer, the applicant listed above may apply to the Pennsylvania Housing Finance Agency for Homeowner's Emergency Mortgage Assistance. 2. By a copy of this Notice, we are notifying all other mortgagees, if any, which the applicant has indicated as also having a mortgage on the property identified above. 3. It is our understanding that the 30 day forbearance period in which we are now in ends on 4. No legal action to enforce the mortgage may occur during this forbearance period, unless procedural time limits were not met by the homeowner. ' Indicates Counties Serviced Acorn Housing Corporation 846 North Broad Street Philadelphia, PA 19130 (215) 765-1221 *Bucks, Chester, Delaware, Montgomery, Philadelphia Americon Financial Counseling Services 1 Abington Plaza, Suite 403 Old York Road and Township Line Jenkintown, PA 19046 (800) 490-3039 `Delaware, Montgomery Action Housing Inc American Financial Counseling Services 425 6th Avenue, Suite 950 175 Strafford Avenue, Suite One Pittsburgh, PA 15219 Wayne, PA 19087 (412) 281-2102 800) 490-3039 *Allegheny, Beaver, Butler, Fayette, Greene, *Bucks, Chester, Delaware, Mongomery, Washington, Westmoreland Philadelphia Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (717) 334-1518 *Adams, Cumberland, Franklin, York American Financial Counseling Services 906 Penn Avenue Wyomissing, PA 19610 (610) 780-0680 *Berks Advocates for Financial Independence 1806 S Broad Street, Suite 1 B Philadelphia, PA 19145 (215) 389-2810 *Philadelphia Allegheny County Acorn 5907 Penn Avenue, Suite 300 Pittsburgh, PA 15206 (412) 441-6551 *Allegheny American Credit Counseling Institute 21 S Church Street West Chester, PA 19380 (888) 212-6741 *Chester American Credit Counseling Institute 300 North Pottstown Pike, Suite 210 Exton, PA 19341 (888) 212-6741 *Berks, Bucks, Montgomery American Credit Couseling Institute 528 Dekalb Street Norristown, PA 19401 (610) 971-2210 *Montgomery American Credit Counseling Institute 530 W Street Road, Suite 201 Warminster, PA 18974 (215) 444-9429 *Bucks, Montgomery, Philadelphia American Credit Counseling Institute 1345 Coates Street Coatesville, PA 19320 (888) 212-6741 *Bucks, Chester, Montgomery, Philadelphia American Credit Counseling Institute 937 North Hanover Street Pottstown, PA 19460 (888) 212-6741 *Berks, Bucks, Montgomery American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 *Adams, Franklin, York American Red Cross of Chester 1729 Edgemont Avenue Chester, PA 19013 (610) 874-1484 *Chester, Delaware APM 2147 Norht Sixth Street Philadelphia, PA 19122 (215) 235-6788 *Chester, Delaware, Philadelphia Armstrong CO Community Action Agency 124 Armsdale Road, Suite 211 Kittanning, PA 16201 (724) 548-3405 `Armstrong Blair County Community Action Agency 2100 6th Avenue, Suite 102 P.O. Box 1833 Altoona, PA 16602 (814) 946-3651 *Blairl Booker T. Washington Center 1720 Holland Street Erie, PA 16503 (814) 453-5744 *Crawford, Erie, Warren Bucks County Housing Group 200 West Bridge Street Morrisville, PA 19067 (866) 866-0280 *Bucks Bucks County Housing Group 2324 Second Street Pike, Suite 17 Wrightstown, PA 18940 (866) 866-0280 *Bucks Bucks County Housing Group 349 Durham Road Penndel, PA 19047 (866) 866-0280 *Bucks Bucks County Housing Group 470 Old Dublin Pike Doylestown, PA 18901 (866) 866-0280 *Bucks Bucks County Housing Group 515 West End Blvd Quakertown, PA 18951 (866) 866-0280 *Bucks Budget Counseling Center 247 North Fifth Street Reading, PA 19601 (610) 375-7866 *Berks, Chester, Schuylkill Carroll Park Community Council, Inc. 5218 Master Street Philadelphia, PA 19131 (215) 877-1157 *Chester, Delaware, Philadelphia CCCS of Delaware Valley 1230 New Rodgers Road, Suite F1 Bristol, PA 19007 (215) 563-5665 *Bucks CCCS of Delaware Valley 1515 Market Street, Suite 1325 Philadelphia, PA 19107 (215) 563-5665 *Bucks, Delaware, Montgomery, Philadelphia CCCS of Delaware Valley 1777 Sentry Parkway W, Suite 200 Blue Bell, PA 19422 (215) 563-5665 *Montgomery CCCS of Delaware Valley 280 North Providence Road Media, PA 19063 (215) 563-5665 `Delaware CCCS of Delaware Valley Marshal Building 790 E Market St, Suite 170 West Chester, PA 19382 (215) 563-5665 *Chester, Delaware CCCS of Delaware Valley Catholic Social Services Building 7340 Jackson Street Philadelphia, PA 19136 (215) 563-5665 *Bucks, Philadelphia CCCS of Delaware Valley One Cherry Hill, Suite 215 Cherry Hill, PA 08002 (215) 563-5665 *Philadelphia CCCS of Lehigh Valley 3671 Crescent Court East Whitehall, PA 18052 (610) 821-4011 *Berks, Bucks, Carbon, Lancaster, Lehigh, Northhampton, Schuylkill * Indicates Counties Serviced CCCS of Northeastern PA 1400 Abington Exec. Park, Suite 1 Clarks Summitt, PA 18411 (570) 587-9163 *Carbon, Columbia, Lackawanna Lycoming, Monroe, Montour, Northumberland, Pike, Sullivan, Tioga, Union, Wayne, Wyoming CCCS of Northeastern PA 201 Basin Street, Suite 6 Williamsport, PA 17701 (570) 323-6627 *Centre, Clinton, Lycoming, Northumberland, Union CCCS of Northeastern PA 202 W Hamilton Avenue State College, PA 16801 (814) 238-3668 *Blair, Centre, Clearfield, Clinton, Huntingdon, Juniata, Mifflin CCCS of Northeastern PA 401 Laurel Street Pittston, PA 18640 (570) 602-2227 *Bradford, Carbon, Columbia, Lackawanna, Lycoming, Monroe, Montour, Northumberland, Pike, Sullivan, Tioga, Union, Wayne, Wyoming CCCS of Northeastern PA 411 Main Street, Suite 104 Stroudsburg, PA 18360 (570) 420-8980 *Bradford, Carbon, Monroe, Pike, Wayne CCCS of Western PA 1 North Gate Square #2 Garden Center or Greensburg, PA 15601 (888) 511-2227 *Fayette, Greene, Indiana, Somerset, Washington, Westmoreland CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 (888) 511-2227 *Adams, Cumberland, Dauphin, Franklin, Perry, Synder, York CCCS of Western PA 219-A College Park Plaza Johnstown, PA 15904 (888) 511-2227 *Cambria, Clearfield, Indiana, Somerset CCCS of Western PA 312 Chestnut Street, Suite 227 Meadville, PA 16335 (888) 511-2227 `Lawrence CCCS of Western PA 41 East Chestnut Street Washington, PA 15301 (888) 511-2227 `Washington CCCS of Western PA 4402 Peach Street Erie, PA 16509 (888) 511-2227 *Crawford, Erie, Warren CCCS of Western PA 524 Franklin Avenue Aliquippa, PA 15001 (888) 511-2227 *Cameron CCCS of Western PA 917 A Logan Boulevard Altoona, PA 16602 (888) 511-2227 *Armstrong, Bedford, Blair, Cambria, Centre, Clearfield, Huntingdon, Juniata, Mifflin, Union CCCS of Western PA 971 Third Street Beaver, PA 15009 (888) 511-2227 *Beaver CCCS of Western PA Colonial Shopping Center 970 S George Street York, PA 17403 (888) 511-2227 *Franklin, Fulton, Lancaster, York CCCS of Western PA Pullman Commerce Center 112 Hollywood Dr Butler, PA 16001 (888) 511-2227 *Butler, Clarion, Jefferson, Mercer, Venango CCCS of Western PA River Park Commons 2403 Sidney Street Pittsburgh, PA 15203 (888) 511-2227 *Allegheny Chester Community Improvement Project 412 Avenue of the States P.O. Box 541 Chester, PA 19016 (610) 876-8663 *Chester, Delaware, Montgomery, Philadelphia Comm. On Ecen Opportunity of Luzeme Co. 163 Amber Lane Wilkes-Barre, PA 18702 (570) 826-0510 *Carbon, Luzeme, Schuylkill, Wyoming Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17094 *Cumberland, Dauphin, Franklin, Perry, Synder Community Action Committee of the Lehigh Valley 1337 East Fifth Street Bethlehem, PA 18015 (610) 691-5620 *Berks, Carbon, Lehigh, Monroe, Northhampton Community Action Development Comm - CADCOM 113 E Main Street Norristown, PA 19401 (610) 277-6363 *Montgomery Community Action Southwest 150 W Beau Street, Suite 304 Washington, PA 15301 (724) 225-9550 *Washington Community Action Southwest 58 E Greene Street Waynesburg, PA 15370 (724) 852-2893 *Allegheny, Fayette, Greene, Washington, Westmoreland Congreso 216 West Somerset Street Philadelphia, PA 19133 (215) 763-8870 *Philadelphia Council of Spanish Speaking Organization 705-09 North Franklin St Philadelphia, PA 19123 (215) 627-3100 *Philadelphia Diversified Community Service Dixon House 1920 South 20th Street Philadelphia, PA 19145 (215) 336-3511 *Bucks, Chester, Delaware, Philadelphia Fair Housing Partnership of Greater Pittsburgh, Inc. 2840 Liberity Ave., Suite 205 Pittsburgh, PA 15222 (412) 391-2535 *Allegheny Fayette Co. Community Action Agency Inc 137 North Beeson Avenue Uniontown, PA 15401 (724) 437-6050 *Fayette, Somerset FOB CDC 1201 West Only Avenue Philadelphia, PA 19141 (215) 549-8755 *Bucks, Chester, Delaware, Philadelphia Frankford CDC 4625 Frankford Avenue, 2nd Floor Philadelphia, PA 19124 (215) 743-9201 *Philadelphia Garfield Jubilee Associates 5138 Penn Avenue Pittsburgh, PA 15224 (412) 665-5200 *Allegheny Germandtown Settlement 5538 Wayne Avenue Bldg C Philadelphia, PA 19144 (215) 849-3104 *Bucks, Chester, Delaware, Montgomery, Philadelphia * Indicates Counties Serviced Greater Erie Commun. Action Committee 18 West 9th Street Erie, PA 16501 (814) 459-4581 'Crawford, Erie, Venango, Warren HACE 167 W Allegheny Ave., 2nd Floor Philadelphia, PA 19140 (215) 426-8025 'Bucks, Chester, Delaware, Philadelphia Koren Comm. Develop. Services Center 6055 Norht 5th Street Philadelphia, PA 19120 (215) 276-8830 'Philadelphia Lawrence County Social Services, Inc. 241 West Grant Street P.O. Box 189 New Castle, PA 16103 (724) 658-7258 'Lawrence New Life Comm. Housing Devel Corp. 712 Hawkins Avenue Braddock, PA 15104 (412) 351-4077 'Allegheny, Washington, Westmoreland Northern Tier Community Action Corp. 135 West 4th Street P.O. Box 389 Emporium, PA 15834 (814) 4861161 'Cameron, Elk, Mckean, Potter }lousing Alliance of York 35 South Duke Street llork, PA 17401 (717)854-1541 'York Housing Assoc. of Delaware Valley 1500 Walnut Street, Suite 601 Philadelphia, PA 19102 (215) 545-6010 'Philadelphia Housing Assoc. of Delawre Valley 658 North Watts Street Philadelphia, PA 19123 (215) 978-0224 'Philadelphia Housing Opportunities of Beaver Co. 320 College Avenue, Unit 1 Beaver, PA 15009 (724) 728-7511 'Beaver, Lawrence Housing Partnership of Chester County 41 West Lancaster Avenue Downingtown, PA 19335 (610) 518-1522 `Chester, Delaware, Montgomery Huntingdon County Housing Servicing Weatherization, Inc. 917 Mifflin Street Huntingdon, PA 16652 (814) 643-2342 'Bedford, Blair, Fulton, Huntingdon, Juniata, Mifflin, Perry Indiana Co. Community Action Prog. 827 Water Street Box 187 Indiana, PA 15701 (724) 465-2657 'Armstrong, Cambria, Clearfield, Indiana, Jefferson, Westmoreland Intercultural Family Services Inc. 4225 Chestnut Street Philadelphia, PA 19104 (215) 386-1298 'Philadelphia Keystone Economic Develop. Corp. 1954 Mary Grace Lane Johnstown, PA 15901 (814) 535-6556 'Bedford, Blair, Cambria, Clearfield, Indiana, Somerset, Westmoreland Liberty Resources 714 Market Street, Suite 100 Philadelphia, PA 19106 (215) 634-2000 'Philadelphia Loveship, Inc. 2320 North 5th Street Harrisburg, PA 1711 (717) 232-2207 'Cumberland, Dauphin, Perry Lycom-Clntn Co Comm fo Comm Action 2138 Lincoln Street P.O. Box 3568 Williamsport, PA 17703 (570) 326-0587 'Centre, Clinton, Lycoming, Union Northwest Counseling Service 5001 North Broad Street Philadelphia, PA 19141 (215) 324-7500 `Bucks, Chester, Delaware, Montgomery, Philadelphia Nueva Esperanza 4261 North 5th Street Philadelphia, PA 19140 (215) 324-0746 'Philadelphia Pennsylvania Housing Finance Agency 2275 Swallow Hill Rd., Bldg 200 Pittsburgh, PA 15220 (412) 429-2842 `Allegheny Maranatha PHFA 43 Philadelphia Avenue 211 North Front Street Waynesboro, PA 17268 Harrisburg, PA 17110 (717) 762-3285 (800-) 342-2397 'Adams, Cumberland, Franklin, Fulton, Perry 'Cumberland, Dauphin Media Fellowship House 302 South Jackson Street Media, PA 19063 (610) 565-0434 'Chester, Delaware Philadelphia Council for Comm. Advmnt. 100 N 17th St, Suite 600 Philadelphia, PA 19103 (215) 567-7803 'Chester, Delaware, Montgomery, Philadelphia Mon Valley Unemployment Committee 1800 West St., 3rd Floor Homestead, PA 15120 (412) 462-9962 'Allegheny, Washington, Westmoreland Mt. Airy, USA 6703 Germantown Ave., Suite 200 Philadelphia, PA 19119 (215) 844-6021 `Philadelphia Nazareth Housing Services 285 Bellevue Road Pittsburgh, PA 15229 (412) 931-3510 'Allegheny Neighborhood Housing Services Inc. 213 N 5th St., Suite 1030 Reading, PA 19601 (610) 372-8433 'Berks Neighborhood Housing Services 710 5th Avenue, Suite 1000 Pittsburgh, PA 15219 (412) 281-9773 "Allegheny Philadelphia Senior Center 509 South Broad Street Philadelphia, PA 19147 (215) 546-5879 `Philadelphia Schuylkill Community Action 225 N. Centre Street Pottsville, PA 17901 (570) 622-1995 `Becks, Carbon, Lebanon, Lehigh, Luzeme, Northumberland, Schuylkill Shenango Valley Urban League, Inc. 601 Indiana Avenue Farrell, PA 16121 (724) 981-5310 'Crawford, Lawrence, Mercer South Philadelphia H.O.M.E.S. 1444 Point Breeze Avenue Philadelphia, PA 19146 (215) 334-4430 'Philadelphia Southwest Community Development Corp. 6368 Paschall Avenue Philadelphia, PA 19142 (215) 729-0800 'Philadelphia 16 , , 4 St. Martin Center 1701 Parade Street Erie, PA 16503 (814) 452-6113 'Crawford, Erie, Venango, Warren Indicates Counties Serviced The Trehab Center of Northeastern PA 115 SR 92S Tuckhannock, PA 18657 (570) 836-6840 'Wyoming Tableland Services Inc. The Trehab Center of of Northeastern PA 535 East Main Street 1225 Main Street Somerset, PA 15501 Honesdale, PA 18431 (814) 445-9628 `Cambria, Fayette, Somerset, Westmoreland (570) 253-8941 'Bradford, Sullivan, Susquehanna, Tioga, Wayne, Wyoming Tabor Community Services 308 E King Street, Suite 1 Lancaster, PA 17602 (717) 397-5182 `Chester, Lancaster, Lebanon The NORCAM Group 4200 Crawford Avenue, Suite 200 Northern Cambria, PA 15714 (814)948-4444 'Cambria, Clearfield the Trehab Center of Northeastern PA 10 Public Avenue P.O. Box 366 Montrose, PA 18801 (570) 278-3338 'Susquehanna The Trehab Center of Northeastern PA 144 E East Avenue Wellsboro, PA 16901 (570) 724-5252 `Tioga The Trehab Center of Northeastern PA German Street P.O. Box 389 Dushore, PA 18614 (570) 928-9667 `Sullivan The Trehab Center of Northeastern PA The Enterprise Center 703 S. Elmer Ave., Suite M-6 Sayre, PA 18840 (570) 888-0412 'Bradford United Communties Southeast Philadelphia 2029 South 8th Street Philadelphia, PA 19148 (215) 467-8700 'Philadelphia Urban League of Philadelphia 1818 Market Street Philadelphia, PA 19103 (215) 561-6070 "Bucks, Delaware, Philadelphia Urban League of Pittsburgh Building for Equal Opportunity One Smithfield St. Pttsburgh, PA 15222 (412) 227-4802 `Allegheny Voices for Independence 3711 West 12th Street Erie, PA 16505 (800) 838-9890 `Erie Warren-Forest Counties Economic Opportunity Council 1209 Pennsylvania Ave W. P.O. Box 547 Warren, PA 16365 (814) 726-2400 'Forest, Waren r 4 ' VERIFICATION The undersigned hereby states that the statements made in the foregoing pleading are true and correct to the best of'his/her knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. Scott alter 00 EMC Mortgage Corporation, Attorney-in-fact for JPMorgan Chase Bank, N.A., as Trustee for certificateholders of Bear Stearns Asset Backed Securities Trust 2005-SD4, Mortgage Pass- Through Certificates, Series 2005-SD4 Loan #0008456162 { f r.1 „} 0? r i Y 00 D c- .? t - - a < SHERIFF'S RETURN - REGULAR CASE NO: 2008-03220 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EMC MORTGAGE CORPORATION VS EMORY RICHARD G SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon EMORY RICHARD G A/K/A EMORY RICHARD EMORY the DEFENDANT , at 1020:00 HOURS, on the 31st day of May 2008 at 50 OLD ORCHARD CIRCLE CAMP HILL, PA 17011 RICHARD EMORY by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge t,/0 f y 18.00 15.00 .00 10.00 .00 ? 43.00 Sworn and Subscibed to before me this of So Answers: R. Thomas Kline 06/02/2008 GREGORY JAV "D By. day A. D. LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2005-SD4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-SD4 800 STATE HIGHWAY 121 BYPASS LEWISVILLE, TX 75067-4180 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-3220 CIVIL TERM Vs. RICHARD G. EMORY A/K/A RICHARD GLEN EMORY 50 OLD ORCHARD CIRCLE CAMP HILL, PA 17011 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against RICHARD G. EMORY A/K/A RICHARD GLEN EMORY, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As Set forth in Complaint Interest 5/17/08 to 7/7/08 TOTAL $150,725.31 1,833.96 $152,559.27 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. GREGORY A ARDIAN, ESQUIRE Attorney for Plaintiff Damages are hereby assessed as indicated. DATE: L/!a? • - ,-7 7 PRO PROTHY/AR-L EMC. MORTGAGE CORPORATION, ATTORNEY-[N-FACT FOR JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2005- S134, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-SD4 PLAINTIFF V. RICHARD G. EMORY AWA RICHARD GLEN EMORY DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-3220 CIVIL TERM TO: RICHARD G. EMORY A/K/A RICHARD GLEN EMORY 50 OLD ORCHARD CIRCLE CAMP HILL, PA 17011 DATE OF NOTICE: JUNE 24, 2008 NOTICE, RULE 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 se forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3 Gregory Javardian, Esquire 1310 Industrial Boulevard I" Floor, Suite 101 Southampton, PA 18966 (215) 942-9690 Attorney for Plaintiff Usted se encuentra en estado de rebeldia por no haber tornado la accion requiida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dial de esta notification, el tribunal podra, sin necesidad de compararecer usted en torte o escuchar prueba alguna, dictar sentencia en su contra, usted puede perder bienes y otros derechos importantes. Debe llevar esta notification a un abogado immediatemente si usted no tiene abogado, o si no tiene dinero suficiente para tal servicio, vaya en persona o llame por telpfono a la oficina, cuya direction se encuentra escrita abajo para averiguar donde se puede conseguir assistencia legal. "NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE" r? o tT rr1?a, Y G7.r.. CD w CrN LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2005-SD4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-SD4 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-3220 CIVIL TERM VS. RICHARD G. EMORY A/K/A RICHARD GLEN EMORY VERIFICATION OF NON-MILITARY SERVICE GREGORY JAVARDIAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) Defendant(s), RICHARD G. EMORY A/K/A RICHARD GLEN EMORY, is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers' Civil Relief Act of Congress of 1940, as amended. (b) Defendant, RICHARD G. EMORY A/K/A RICHARD GLEN EMORY, is over 18 years of age, and resides at 50 OLD ORCHARD CIRCLE, CAMP HILL, PA 17011. (c) Plaintiff, EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2005-SD4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-SD4, is an institution conducing business under the Laws of the Commonwealth of Pennsylvania with an address of 800 STATE HIGHWAY 121 BYPASS , LEWISVILLE, TX 75067-4180. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. - 4'1 L? - GREG Y J VARDIAN, ESQUIRE t C APA O COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2005- SD4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-SD4 800 STATE HIGHWAY 121 BYPASS LEWISVILLE, TX 75067-4180 VS. RICHARD G. EMORY, A/K/A RICHARD GLEN EMORY 50 OLD ORCHARD CIRCLE CAMP HILL, PA 17011 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-3220 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly issue Writ of Execution in the above matter. Amount Due Interest from 7/7/08 to Date of Sale @ $25.07 per diem Subtotal (Costs to be added) $152,559.27 114-- GREGO J VARDIAN, ESQUIRE Attome for t1aintiff I.D. #55669 1310 Industrial Boulevard 1 st Floor, Suite 101 Southampton, PA 18966 (215) 942-9690 U\ 0 ,' rn ALL THAT CERTAIN lot situate in the Borough of Wormleysburg, Cumberland County, Pennsylvania, on the Plan of Lots of Riverview, as recorded in the Office of the Recorder of Deeds in and for the County of Cumberland in Plan Book No. 11, Page 9 and being subject to utility easements and building and use conditions and restrictions of record, described as follows: Lot 28 Section "D" BEGINNING at a point where the dividing line between lots twenty-seven (27) and twenty-eight (28) intersects with the westerly side of Old Orchard Circle; thence zero degrees (00) thirty-eight (38) minutes fifty-eight (58) seconds east, along the westerly side of Old Orchard Circle, twenty-two and three hundredths (22.03) feet to a point of curvature; thence continuing along the curving westerly side of Old Orchard Circle, in an arc created by fifty (50) foot radius, a distance of twenty-six and eighty-seven (26.87) feet to a point; thence south fifty-eight (58) degrees, thirty- three (33) minutes and thirty-six (36) seconds west, along the division line between lots twenty-eight (28) and twenty-nine (29), a distance of one hundred and ninety-nine hundredths (100.99) feet to a point; thence north thirty-six (36) degrees thirty (30) minutes west, thence along the division line of lots eighteen (18) and nineteen (19) and lot twenty-eight (28), a distance of ninety-seven and eighty- eight hundredths (97.88) feet to a point; thence north twenty-five (25) degrees forty-nine (49) minutes three (03) seconds east, along the division line between lots twenty-six (26) and lot twenty- eight (28), a distance of thirty-nine and forty-eight hundredths (39.48) feet to a point; thence north eighty-nine (89) degrees twenty-one (21) minutes two (02) seconds east, along the division line between lots twenty-seven (27) and twenty-eight (28), a distance of one hundred forty-five and twenty-one hundredths (145.21) feet to a point the place of beginning. BEING known as 50 OLD ORCHARD CIRCLE, CAMP HILL, PA 17011 BEING THE SAME PREMISES which Joseph Laporta and Kimberly Laporta, husband and wife, by Deed dated July 9, 2004 and recorded July 14, 2004 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 264, Page 689, granted and conveyed unto Richard G. Emory, a married man. PARCEL No. 47-18-1302-113 AEMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2005- SD4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-SD4 vs. RICHARD G. EMORY, A/K/A RICHARD GLEN EMORY COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-3220 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 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 50 OLD ORCHARD CIRCLE. CAMP HILL, PA 17011: 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RICHARD G. EMORY, A/K/A 50 OLD ORCHARD CIRCLE RICHARD GLEN EMORY CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: RICHARD G. EMORY, A/K/A RICHARD GLEN EMORY 50 OLD ORCHARD CIRCLE CAMP HILL, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Plaintiff. Joseph Laporta 932 River Road Kimberly Laporta Maurysville, PA 17053 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Domestic Relations Cumberland County Tax Claim Bureau PA Department of Public Welfare Bureau of Child Support Enforcement 13 N. Hanover Street Carlisle, PA 17013 1 Courthouse Square Carlisle, PA 17013-3387 Health and Welfare Building - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenants/Occupants SPOUSE OF RICHARD G. EMORY, A/K/A RICHARD GLEN EMORY 50 OLD ORCHARD CIRCLE CAMP HILL, PA 17011 50 OLD ORCHARD CIRCLE CAMP HILL, PA 17011 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unworn falsification to authorities. GRE JAVARDIAN, ESQUIRE Atto ey or Plaintiff August 27, 2008 ID, L .. N LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2005-SD4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-SD4 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-3220 CIVIL TERM Vs. RICHARD G. EMORY, A/K/A RICHARD GLEN EMORY CERTIFICATION TO SHERIFF OF CUMBERLAND COUNTY AS TO THE SALE OF REAL ESTATE I hereby certify that I am the attorney for the Plaintiff in this Mortgage Foreclosure Action and further certify this Property is: () FHA () Tenant Occupied () Vacant O Commercial () As a result of Complaint in Assumpsit (X) Act 91 complied with /U\1? - GREjefo VARDIAN, ESQUIRE AttoPlaintiff ? N ° " C« cz:? t 1 , _? , - G`7 r _?, ? ,!t ? r.. .: ?'7 _;. ;. ?':• . E.., i C,.J ??4 ? M LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2005- SD4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-SD4 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-3220 CIVIL TERM vs. RICHARD G. EMORY, A/K/A RICHARD GLEN EMORY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RICHARD G. EMORY, A/K/A RICHARD GLEN EMORY 50 OLD ORCHARD CIRCLE CAMP HILL, PA 17011 Your house (real estate) at 50 OLD ORCHARD CIRCLE, CAMP HILL, PA 170119 is scheduled to be sold at Sheriffs Sale on DECEMBER 10. 2008 at 10:00 A.M., in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of $152,559.27, obtained by EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2005-SD4, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2005-SD4, against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 2? 15) 942-9690. 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. C 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 942-9690. 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 fu11 amount due in the sale. To find out if this has happened, you may call Gregory Javardian, Esquire at (215) 942-9690. 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 that 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 Sheriff. 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. 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 C ALL THAT CERTAIN lot situate in the Borough of Wormleysburg, Cumberland County, Pennsylvania, on the Plan of Lots of Riverview, as recorded in the Office of the Recorder of Deeds in and for the County of Cumberland in Plan Book No. 11, Page 9 and being subject to utility easements and building and use conditions and restrictions of record, described as follows: Lot 28 Section "D" BEGINNING at a point where the dividing line between lots twenty-seven (27) and twenty-eight (28) intersects with the westerly side of Old Orchard Circle; thence zero degrees (00) thirty-eight (38) minutes fifty-eight (58) seconds east, along the westerly side of Old Orchard Circle, twenty-two and three hundredths (22.03) feet to a point of curvature; thence continuing along the curving westerly side of Old Orchard Circle, in an arc created by fifty (50) foot radius, a distance of twenty-six and eighty-seven (26.87) feet to a point; thence south fifty-eight (58) degrees, thirty- three (33) minutes and thirty-six (36) seconds west, along the division line between lots twenty-eight (28) and twenty-nine (29), a distance of one hundred and ninety-nine hundredths (100.99) feet to a point; thence north thirty-six (36) degrees thirty (30) minutes west, thence along the division line of lots eighteen (18) and nineteen (19) and lot twenty-eight (28), a distance of ninety-seven and eighty- eight hundredths (97.88) feet to a point; thence north twenty-five (25) degrees forty-nine (49) minutes three (03) seconds east, along the division line between lots twenty-six (26) and lot twenty- eight (28), a distance of thirty-nine and forty-eight hundredths (39.48) feet to a point; thence north eighty-nine (89) degrees twenty-one (21) minutes two (02) seconds east, along the division line between lots twenty-seven (27) and twenty-eight (28), a distance of one hundred forty-five and twenty-one hundredths (145.21) feet to a point the place of beginning. BEING known as 50 OLD ORCHARD CIRCLE, CAMP HILL, PA 17011 BEING THE SAME PREMISES which Joseph Laporta and Kimberly Laporta, husband and wife, by Deed dated July 9, 2004 and recorded July 14, 2004 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 264, Page 689, granted and conveyed unto Richard G. Emory, a married man. PARCEL No. 47-18-1302-113 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-3220 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EMC Mortgage Corporation, Attorney-in-Fact for JPMorgan Chase Bank, N.A., as Trustee for Certificateholders of Bear Stearns Asset Backed Securities Trust 2005-SD4, Mortgage Pass-Through Certificates, Series 2005-SD4 800 State Highway 121 Bypass Lewisville, TX 75067-4180 Plaintiff (s) From Richard G. Emory, a/k/a Richard Glen Emory 50 Old Orchard Circle Camp Hill, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell see legal description . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $152,559.27 L.L.$.50 Interest from 7/7/08 to Date of Sale @ $25.07 per diem Atty's Comm % Due Prothy $2.00 Atty Paid $162.00 Other Costs Plaintiff Paid Date: August 29, 2008 (Seal) REQUESTING PARTY: Name Gregory Javardian, Esq. Address: 1310 Industrial Boulevard 1st Floor, Suite 101 Southampton, PA 18966 Attorney for: Plaintiff Telephone: (215) 942-9690 Supreme Court ID No. 55669 Curtis R. Long, Prothonota By: ?-- /- Deputy LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD ,IT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 ATTORNEY FOR (215) 942-9690 EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2005-SD4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-SD4 PLAINTIFF VS. RICHARD G. EMORY A/K/A RICHARD GLEN EMORY DEFENDANT COURT OF I COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 08-3220 CIVIL TERM TO THE PROTHONOTARY: Kindly VACATE, without prejudice, the default judgment lfiled in the instant action on July 8, 2008. Date: 10/13/08 s"3 ?v G 1 --a Ell r w ?1 C,J FTI } 6 < LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ATTORNEY FOR PLAINTIFF EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2005-SD4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-SD4 PLAINTIFF VS. RICHARD G. EMORY A/K/A RICHARD GLEN EMORY DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. CIVIL TERM D TO THE PROTHONOTARY: Kindly DISMISS, without prejudice, the Complaint in Mortgage Foreclosure filed in the instant action on May 22, 2008. Date: 10/13/08 rv - ? ; n y. Q .. CD ..n.? ?..,., ,i EMC Mortgage Corporation VS Richard G. Emory a/k/a Richard Glen Emory In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-3220 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 Gregory Javardian. Sheriffs Costs: Docketing Poundage Advertising Law Library Prothonotary Levy Mileage Surcharge Share of Bills SO A e R. Thomas Kline, Sheriff BY D J Real Estate Sergeant 30.00 2,641.20 15.00 .50 2.00 15.00 13.00 20.00 14.92 $2,751.62 ??. urb C k C c 5" ta- .2 i F6,31 9 EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2005- SD4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-SD4 VS. RICHARD G. EMORY, A/K/A RICHARD GLEN EMORY COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-3220 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 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 50 OLD ORCHARD CIRCLE, CAMP HILL, PA 17011: 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RICHARD G. EMORY, A/K/A 50 OLD ORCHARD CIRCLE RICHARD GLEN EMORY CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: RICHARD G. EMORY, A/K/A 50 OLD ORCHARD CIRCLE RICHARD GLEN EMORY CAMP HILL, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Plaintiff. Joseph Laporta 932 River Road Kimberly Laporta Maurysville, PA 17053 I -n? 5. Name and address of every other person who has any record lien on the property: Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 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. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Domestic Relations Cumberland County Tax Claim Bureau PA Department of Public Welfare Bureau of Child Support Enforcement 13 N. Hanover Street Carlisle, PA 17013 1 Courthouse Square Carlisle, PA 17013-3387 Health and Welfare Building - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenants/Occupants SPOUSE OF RICHARD G. EMORY, A/K/A RICHARD GLEN EMORY 50 OLD ORCHARD CIRCLE CAMP HILL, PA 17011 50 OLD ORCHARD CIRCLE CAMP HILL, PA 17011 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unworn falsification to authorities. GREffiR V- JAVARDIAN, ESQUIRE Atto ey or Plaintiff August 27, 2008 LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 '13 10 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18%6 (215 942-9690 EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2005- SD4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-SD4 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-3220 CIVIL TERM vs. RICHARD G. EMORY, A/K/A RICHARD GLEN EMORY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RICHARD G. EMORY, A/K/A RICHARD GLEN EMORY 50 OLD ORCHARD CIRCLE CAMP HILL, PA 17011 Your house (real estate) at 50 OLD ORCHARD CIRCLE CAMP HILL PA 17011, is scheduled to be sold at Sheriffs Sale on DECEMBER 10, 2008 at 10:00 A.M., in the Cumberland County Courthouse, I Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of $152,559.27, obtained by EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2005-SD4, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2005-SD4, against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 2211 ) 942-9690. 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. 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 942-9690. 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 Gregory Javardian, Esquire at (215) 942-9690. 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 that 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 Sheriff. 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. 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 Y Real Estate Sale #80 On September 9, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Wormleysburg Borough, Cumberland County, PA Known and numbered as 50 Old Orchard Circle, Camp Hill more fully described on Exhibit "A" filed with this writ and by this reference 6e incorporated herein. Date: September 9, 2008 By: C' ) v..t} Real Est to Sergeant WRIT OF EXECUTION and/or ATTACHMENT .w- - %,- , COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-3220 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EMC Mortgage Corporation, Attorney-in-Fact for JPMorgan Chase Bank, N.A., as Trustee for Certificateholders of Bear Stearns Asset Backed Securities Trust 2005-SD4, Mortgage Pass-Through Certificates, Series 2005-SD4 800 State Highway 121 Bypass Lewisville, TX 75067-4180 Plaintiff (s) From Richard G. Emory, a/k/a Richard Glen Emory 50 Old Orchard Circle Camp Hill, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell see legal description . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $152,559.27 L.L.$.50 Interest from 7/7/08 to Date of Sale @ $25.07 per diem Atty's Comm % Due Prothy $2.00 Atty Paid $162.00 Other Costs Plaintiff Paid Date: August 29, 2008 (Seal) REQUESTING PARTY: Name Gregory Javardian, Esq. Address: 1310 Industrial Boulevard 1s` Floor, Suite 101 Southampton, PA 18966 Attorney for: Plaintiff Telephone: (215) 942-9690 Curtis R. Long, Prothonota By: g ? Deputy Supreme Court ID No. 55669 Brandy Lynn Harrison, Plaintiff V. Justin James Harrison, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 3220 CIVIL TERM - LAW PROTECTION FROM ABUSE, PETITION TO VACATE ORDER AND WITHDRAW ACTION Plaintiff, Brandy Lynn Harrison, by and through her attorneys, MidPenn Legal Services requests that the Court vacate the Temporary Protection From Abuse Order in the above-captioned case and that the action be withdrawn on the grounds that: 1. A Temporary Protection From Abuse Order was entered on May 21, 2009, by Judge Kevin A. Hess. 2. Plaintiff requests that the Temporary Protection Order be vacated and the action withdrawn without prejudice to her. 3. A certified copy of this Order will be provided to the Police Department by attorney for Plaintiff. WHEREFORE, Plaintiff requests that the Court grant the relief requested and vacate the Order, and that the action be withdrawn without prejudice to Plaintiff. Resi)Wullk s\jb Jes ' C! D. Holst, Attorney for Plaintiff MI ENN LEGAL SERVICES 401 East Louther Street Carlisle PA 17013 I, Brandy Lynn Harrison, hereby direct MidPenn Legal Services to file a Petition to Vacate Order and Withdraw Action on my behalf (Harrison v. Harrison, No. 2009-3220) . I understand that upon entry of an Order in this matter that the Court will vacate the Temporary Protection Order entered on May 21, 2009, and that my Protection From Abuse action will be withdrawn. In addition, I request that no further litigation be filed on my behalf in this case, and I no longer desire that MidPenn Legal Services represent me in this matter at this time. I understand that my Protection From Abuse case will be closed. I have been advised by MidPenn Legal Services staff that I can contact their offices in the future if I need legal assistance in this or any other matter handled by their program, and that if I meet the program's requirements, they may be able to assist me. Date: Brandy Lyn?i Harrison, Plaintiff VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated: 11 -Cv , 1t,2 t ,J ?C. Brandy xtn Harrison, Plaintiff