HomeMy WebLinkAbout08-3362Robert D. Kodak, Esquire
Supreme Court I.D. 18041
KODAK & IMBLUM, P.C.
Post Office Box 11848
407 North Front Street
Harrisburg, PA 17108-1848
717-238-7151 Fax: 717-238-7158
email: robert.kodak@verizon.net
Attorney for Plaintiff
BRANCH BANKING & TRUST CO. IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. b$ - 35&,A 1ern1
HERMEET SINGH : CIVIL DIVISION -LAW
Defendant
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 an attorney and filing in writing with
the court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
BRANCH BANKING & TRUST CO.
Plaintiff
V.
HERMEET SINGH
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. oy- 7;11
CIVIL DIVISION -LAW
COMPLAINT
The Plaintiff, Branch Banking & Trust Co., by its attorneys, Kodak & Imblum, P.C., brings
this action of Assumpsit against the Defendant to recover the sum of $105,292.84, along with
interest thereon at the rate of 7.996% per annum from March 29, 2008, upon a cause of action of
which the following is a statement:
The Plaintiff, Branch Banking & Trust Co., is a corporation organized and existing
under the laws of the State of North Carolina, having its principal office and place of business at
1410 Coulter Drive, Roanoke, Virginia 24012.
2. The Defendant, Hermeet Singh, is an adult individual residing at 4420 Gettysburg
Road, Apartment 3, Camp Hill, Cumberland County, Pennsylvania 17011-6612.
3. On or about June 22, 2006, Defendant did execute a Deed of Trust in favor of
Plaintiff. A true and correct copy of said Deed of Trust is attached hereto, marked as Exhibit "A"
and made a part hereof.
F:\USER\BONNIE.10\COMP\WORK\34284 bb&t singh.wpd:15May08
4. On the same date, the Defendant did execute a Retail Note and Security Agreement
obligating himself to repay the sum of $81,000.00, plus interest, to Plaintiff. A true and correct copy
of said Retail Note and Security Agreement is attached hereto, marked as Exhibit "B" and made a
part hereof.
5 Attached hereto at Exhibit "C" and made a part hereof is a true and correct copy of
Plaintiff's Recovery Management System print-out showing a current balance due from Defendant
to Plaintiff in the amount of $84,234.27.
6. Attached hereto at Exhibit "D" and made a part hereof is Plaintiff s Affidavit setting
forth the amount due and owing by Defendant as $84,234.27.
7. Plaintifffrequently demanded payment from Defendant of said amount due and owing
as aforesaid, but Defendant refused and neglected and still refuses and neglects to pay said amount
of any part thereof.
Pursuant to the terms and conditions of the documentation attached hereto at Exhibits
"A" and "B" collectively, Defendant is further liable to Plaintiff for attorney's fees which have been
added to the account in the amount of $21,058.57.
F:\USER\BONNIEJO\COMP\WORK\34284 bb&t singh.wpd:15May08
9. The amount due and owing by Defendant to Plaintiff is $105,292.84, as set forth
hereinabove.
WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of $105,292.84,
along with interest thereon at the rate of 7.996% per annum from March 29, 2008
Respectfully submitted,
KODAK & INPLUM, P.C.
Robert D. Kodak --
407 North Front Street
Post Office Box #11848
Harrisburg, PA 17108-1848
(717) 238-7151
Attorney ID No. 18041
Attorney for Plaintiff
F:\USER\BONNIEJO\COMP\WORK\34284 bb&t singh.wpd:15May08 3
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MONT O ER! `Y UNTY, MD j
APPROVED BY
AUG 3 0 2006
R?t««?a4?erreeerdirr?to: $558' q RECORDATION TAX PAID
FACT
BB&T - RES Division $- nffl_TRANSFER TAX PAID
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P O Box 2649
Fayetteville, NC 28302
Recording: Time, Book and Page
DEED OF TRUST
THIS DEED OF TRUST ("Deed of Trust") is made as of this .2AA)
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GRANTOR
ADDRESS: TRUSTEES
o? ?l ? Edward P. Barker
96c2q /+ C A L-y/y D PACE William 1. Ziegler
BENEFIARY
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THE FOLLOWING INFORMATION APPLIES TO THIS DEED OF TRUST:
1. This Deed of Trust secures the Debt (as defined below). This Deed of Trust may secure not only
existing Debt, but also future advances, whether advances are obligatory or are to be made at the option of
the Beneficiary, or otherwise, to the same extent as if such future advances were made on the date of the
execution of this Deed of Trust and also to secure all other sums or amounts that may be added to ttc
obligations secured hereby pursuant to the terms of this Deed of Trust. Until this Deed of Trust is released of
record, the Beneficiary may make additional loans, advances, readvances, future advances, and other
financial accommodations pursuant to the terms of the N
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er Documents from time to time, but the
maximum unpaid balance outstanding at any one time shall not exceed the amount set forth in paragraph 3
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numbered 2, blow (the
Principal Sum"), plus interest thereon, and plus any advances made for taxes, liens, o e'a
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ssessments,
nsurance premiums, costs, and other obligations, including interest thereon, undertaken by the ?r3
Beneficiary hereunder or in the Note or other Documents
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such advances, readvances and future ?rn
advances shall become part of the indebtedness secured by this Deed of Trust with the same priority from the 7c <
date of recordation of this Deed of Trust and shall he deemed evidenced by the Note and other Documents, mvi f
and thi
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rust. This Deed of Trust may secure the repayment, inter alia, of a revolving credit facility aP
in the initial principal amount of the Principal Sum and there m
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e repayment and future advances and
readvances of principal from time to time under such facility so that the total aggregate principal amount ov D
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the term of the Note and other Documents may exceed the Principal Sum; provided, however, that the r. r
aggregate outstanding principal balance of said revolving credit facility shall not exceed the Principal Sum at 3
any one time (plus interest thereon and any advances made for taxes, liens, assessments, insurance N
premiums, costs and other obligations). It is expressly agreed that the outstanding principal balance of the
indebtedness secured hereby may, from time to time, he reduced to a zero balance without such repayment
operating to extinguish and release the lien and security interests created by this Deed of] rust. This Deed of
Trust shall remain in full force and effect as
to any subsequent future advances and readvances made after
the zero balance without loss of priority until the indebtedness secured hereby is paid in full and satisfied
.
the Note and other Documents have been cancelled and this Deed of Trust released of record; and Grantor
waives the operation of any applicable statute, law or regulation having a contrary effect.
2. The maximum principal amount of the Debt (defined below) which may be secured tty this Deed of
'frost at
any one lime is
TjibilrA ,D_AN?
S( ! DD ` +? _} Dollars. The pin cipal amount of the Debt on the date hereof is
3. Th Debton the date hereof, is evidenced by a Ll BB&T Tax Advantage Credit Line
Agreement Retail Note & Security Agreement of even date herewith from Grantor and my be
evidenced by a shall be at all times deemed to include, any and all other notes or otter Documents now or
hereafter evidencing any debt whatsoever incurred by Grantor and payable to Beneficiary, the terms of which
are incorporated herein by reference.
4. No execution of a written instrument or notation shall be necessary to evidence or secure an
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advances made hereunder. The period within which advances are to he made shall be the fifteen year period
beginning on the date of this Deed of Trust.
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(Page 2 of 8)
1329411 b18
5. The real property which is the subject of this Deed ?' f T""ryryst is located in the City of
in the County of IN 0
in the rate o my a , an a egal description o(the real property 2)s set forth as follows: f
OF PURPOSE: In this Deed of Trust reference shall be made simply to the "Note or other
Document', and such a reference is deemed to apply to all of the instruments which evidence or describe the
Debt, or which secure its payment, and to all renewals, extensions and modifications thereof, whether
heretofore or hereafter executed, and includes without limitation all writings described generally and
specifically on the first page of this Deed of Trust in numbered paragraph 2. This Deed of Trust shall secure
the performance of all obligations of Grantor and of any third party to Beneficiary which are described in
this Deed of Trust, in the Note or other Document, and such performance includes the payment of the Debt.
In this Deed of Trust the definition of "Debt" includes: (t) the principal; (ii) all accrued interest including
possible fluctuations of the interest rate if so provided in the Note or other Document; (iii) all renewals or
extensions of any obligation under the Note or other Document (even if such renewals or extensions are
evidenced by new notes or other documents); and (iv) all other obligations of Grantor to Beneficiary which
are described in this Deed of Trust, or in the Note or other Document, (for example, payment of the
reasonable attorneys fees of the Beneficiary, insurance premiums and ad valorem taxes).
NOW. THEREFORE, for the purposes and under the conditions described in this Deed of Trust and in
consideration of the Debt and the mutual promises of Grantor and Beneficiary, Grantor hereby conveys to
Trustees,with general warranty of title, in trust, with power of sale, the real property described in this Deed
of Trust, together with any improvements, equipment and fixtures existing or hereafter placed on or attached
to this real property, all proceeds thereof and all other appurtenant rights and privileges. The term "the
Property" shall include this real property, any such improvements, fixtures, and also all appurtenant rlkhes
and privileges.
TO HAVE AND TO HOLD the Property, to Trustees, their successors and assigns,in fee simple forever
but upon the trust, and under the terms and conditions of this Deed of Trust. to which Grantor. frusices and
Beneficiary hereby agree:
1. PERFORMANCE BY GRANTOR. Grantor shall fulfill all of Grantor's obligations as specified in this
Deed of Trust, the Note or other Document
2. TAXES. DEEDS OR TRUST, OTHER ENCUMBRANCES. Grantor shall make timely payment of
all ad valorem taxes, assessments or other charges or encumbrances which may constitute a lien upon the
Property. Grantor shall timely pay and perform any obligation, covenant or warranty contained in any other
deed of trust or writing (herein Other Deed of Trust) which gives rise to any or which may constitute a lien
upon any of the Property. Grantor shall upon request of Beneficiary promptly furnish satisfactory evidence
of such payment or performance. Grantor shall not enter into, terminate, cancel or amend any, lease affecting
the Property or any part thereof without the prior written consent of Beneficiary. Grantor shall timely pay
' and perform all terms of any lease or sublease of the Property or any part thereof.
3. INSURANCE. Grantor shall keep insured all improvements which are now existing and which might
hereafter become part of the Property, against loss by fire and other hazards, casualties and contingencies in
such amounts and for such periods as may be required from time to time by Beneficiary, and Grantor shall
pay promptly, when due, any premiums on the insurance. All insurance shall be carried with companies
approved by Beneficiary (unless Grantor is an individual, the original amount of the Note is 575.000 or less
and the Note is secured by residential real property, in which case the insurance company must be authorized
to do business in Maryland and may be selected by Grantor), and Grantor shall cause all policies and
renewals thereof to be delivered to Beneficiary: and the policies shall contain loss payable clauses in favor of
and in form acceptable to Beneficiary. In the, event of loss, Grantor shall give immediare notice to
Beneficiary, and Beneficiary may make proof of loss if such is not made promptly by Grantor. Any insurer is
hereby expressly authorized and directed to make payment for the loss directly and solely to Beneficiary.
Further Beneficiary may apply the insurance proceeds, or any part thereof. in its sole discretion and at its
option, either to the reduction of the Debt or to the restoration or repair of any portion of the Property
damaged. If Grantor fails to maintain any of the coverage described above. Beneficiary may obtain insurance
coverage, at Beneficiary's option and Grantor's expense. Beneficiary is under no obligation to purchase any
particular type or amount of coverage. Therefore, such coverage shall cover Beneficiary, but might or might
not protect Grantor, Grantor'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. Grantor acknowledges
that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that
Grantor could have obtained. Any amounts disbursed by Beneficiary for this insurance coverage shall
become additional debt of Grantor secured by this Deed of Trust. These amounts shall he payable upon
notice from Beneficiary to Grantor requesting payment.
1746 (0802) Page 2 or 6
(Pace 3 of
13294 11 b 19,
4. ESCROW DEPOSITS. Upon demand of Beneficiary. Grantor shall add to each payment requireJ
under the Note or other Document the amount estimated by Beneficiary to be sufficient to efuble Beneficiary
t0 pay as they become due all taxes, charges, assessments, and insurance premiums which Grantor is
required to pay. Further, any deficiency occasioned by an insufficiency of such additional payments shall be
deposited by Grantor with Beneficiary upon demand.
5. PRESERVATION AND MAINTENANCE OF THL PROPERTY. Grantor shall keep the Property in
good order and repair as it now is (reasonable wear and tear excepted) and shall neither commit nor permit
any waste or any other occurrence or use which might impair the value of the Property. Gramor shall not
initiate or acquiesce in a change in the zoning classification of the Property or make or permit any structural
alteration thereof without Beneficiary's prior written consent.
6. COMPLIANCE WITH LAWS. Grantor shall regularly and promptly comply with any applicable legal
requirements of the United States, the Stale of Maryland or other governmental entity, agency or
instrumentality relating to the use or condition of the Property.
7. CONDEMNATION AWARD. Any award fur the taking of, or damages to , all or any ppart of [tic
Property or any interest therein upon the tawfu] exercise of the power of eminent domain shall be payable
solely to Beneficiary, which may apply the sums so received to payment of the Debt.
8. PAYMENTS BY BENEFICIARY. If Grantor shall be in default in the timely payment or performance
of any of Grantor's obligations, the Note or other document, under this Deed of Trust or Other Deed of
Trust, Beneficiary may, but it is not obligated to, expend for the account of Grantor any Burns, expenses and
fees which Beneficiary believes appropriate for the protection of the Property and the maintenance and
execution of this trust. Any amounts so expended shall be deemed principal advances fully secured by this
Deed of Trust, shall bear interest from die time expended until paid at the rate of interest accruing on the
debt, and shall be due and payable on demand.
9. RENTS and PROFITS. Grantor hereby assigns to Beneficiary all future rents and profits from the
Property as additional security for the payment of the Debt and for the performance of all obligations secured
by this Deed of Trust. Grantor hereby appoints Beneficiary as Grantor's attorney-imfact to collect any rents
and profits, with or without suit, and to apply the came, less expenses of collection, to the Dcbt or to env
obligations secured by this Deed of Trust in any manner as Beneficiary may desire. llowcvcr, until default
under the Note or other Document or under this Deed o1" Trust, Grantor may continue to collect and retain the
rents and profits without any accountability to Beneficiary. Beneficiary's election to pursue the collection of
the rents or profits shall be in addition to all other remedies which Beneficiary might have and may be put
into effect independently of or concurrently with any other remedy.
10. GRANTOR'S CONTINUING OBLIGATION. This Deed of Trust shall remain as security for full
payment of the Debt and for performance of any obligation evidenced by the Note or other Document.
notwithstanding any of the following: (a) the sale or release of all or any part of the Property; (b) the
assumption by another party of Grantor's obligations under this Deed of Trust, the Note or other Document;
(c) the forbearance or extension of time for payment of the Debt or for performance of any obligations under
this Deed-of Trust, the Note or other Document, whether granted to Grantor or to a subsequent owner of tie
Property; or (d) the release of any party who has assumed payment of the Debt or who assumed any other
obligations under this Deed of Trust, the Note or other Document. None of the foregoing shall, in any way,
affect the full force and effect of the lien of this Deed of Trust or impair Beneficiary's right to a deficiency
judgment in the event of foreclosure against Grantor or any party who had assumed payment of the Debt or
who assumed any other obligations the performance of which is secured by this Deed of Trust. Beneficiary
may, in its sole discretion, from time to time waive or forbear from enforcing any provision of this Deed of
Trust, and no such waiver or forbearance shall le deerned a waiver by Beneficiary of any right or remedy
provided herein or by law or be deemed a waiver of the right at any later time to enforce strictly all
provisions of this Deed of Trust and to execute any and all remedies provided herein and by law.
11. TRUSTEES. Beneficiary shall have die unqualified right to remove any individual designated as a
Trustee on the first page of this Deed of Trust, and to appoint one or more substitute or successor Trustees br
instruments filed for registration in the Land Records Office where this Deed of Trust is recorded, Any such
removal or appointment may be made at any time and from time to time without notice, without specifying
any reason therefor and without any court approval. Any such appointee shall become fully vested with titla
to the Property and with all rights, powers and duties conferred upon the individuals originally designated as
Trustees, in the same manner and to the same effect as though that party were named herein as an original
Trustee. The Trustees may act hereunder jointly, or either Trustee may act separately, and such Trustee shall
have full power to exercise all powers and discretion herein granted to the Trustees without die joinder of die
other Trustee: and the Trustees or Trustee may sell and convey the Property as herein provided, although the
Trustees, or either of them, have been, may now be or may hereafter be attorneys or agents of any holder of
the Note, in respect of any manner or business whatsoever.
12. INDEMNIFICATION IN EVENT OF ADVERSE CLAIMS. In the event than Beneficiary or Trustees
voluntarily or otherwise shall become parties to any suit or legal proceedin& involving die Property, they shall
be saved harmless and shall be reimbursed by Grantor for any amounts pad, including all costs, charges and
anorney's fees incurred in any such suit or proceeding, and the same shall be secured by this Deed of Trust
and payable upon demand.
13. INSPECTION. Beneficiary may at any reasunable time and from time to time make or cause lo he
made reasonable entries upon and inspections of the Property.
14. WARRANTIES. Grantor covenants with Trustees and Beneficiary that Grantor is seized for the
Property in fee simple, has the right to convey die same in fee simple, that title to the Property is marketable
and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful
claims of all person whomsoever, subject only to any declarations, easements, restrictions or encumbrance..,
listed in the title opinion or title insurance policy which Beneficiary obtained in the transaction in which
Beneficiary obtained this Deed of Trust.
1746 106021 Pau. 3 .1 0
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15. ATTORNEYS' FEES. In the event that Grantor shall default in its obligations under this Deed of
Trust, the Note or other Document, and Beneficiary employs an attorney to assist in the collection of the
Debt or to enforce compliance of Grantor with any of the provisions of this Deed of Trust, the Nose or other
Documents or in the event Beneficiary or Trustees shall become parties to any suit or legal proceeding
(including any proceeding conducted before any United State Bankruptcy Court) concerning the Properly,
concerning the lien of this Deed of Trust, concerning collection of she Debt or concerning compliance by
Gramor with any of the provisions of this Decd of Trust. the Note or other Document, Grantor shall pay
Beneficiary's reasonable attorneys' fees and all of die costs that may be incurred. and such fees and costs
shall be secured by this Deed of Trust and its payment enforced as if it were a pan of the Debi. Grantor shall
be liable for such attorneys' fees and casts whencer or not any suit or proceeding is commenced.
16. ANTI-MARSHALLING PROVISIONS. Trustees and Beneficiary may grant releases at any time and
from time to time of all or any portion of the Properly (whether or not such releases are required by
agreement among the parties) agreeable to Trustees and Beneficiary without notice to or the consent,
approval or agreement of other Parties and interests, including junior lienors and Purchasers subject to the
lien of this Deed of Trust and such releases shall not impair in any manner the validity of or priority of this
Deed of Trust on that portion of the Property remaining subject to this Deed of Trust, nor release Gramor
from personal liability for the Debt. Notwithstanding the existence of any other security interests io die
Property held by Beneficiary or by any other party. Beneficiary shall have the right to determine the order in
which any or all of the Property shall he subjected to the remedies available to Beneficiary. and Beneficiary
shall further have the right to determine the order in which any or all portions of the Debt are satisfied from
the proceeds realized upon the exercise of any remedy it has. Gramor. or any party who consents to this, or
any parry who has actual or constructive notice hereof, hereby waives any and all rights to require the
marshalling of assets in connection with the exercise of any of the remedies petitioned by applicable law or
provided herein.
17. EVENTS OF DEFAULT. Beneficiary has the right to terminate the future advance provisions of this
Deed of Trust and declare the Debt immediately due and payable in any of the following circumstances:
(a) If the Grantor fails or neglects to meet the repayment terms of the Debt, or fails or neglects to pay when
due any and all other sums which are or may become secured by this Deed of Trust:
(b) If the Grantor acts or fails to act in a way which adversely affects the Property pledged under this Deed
of Trust or any right which the Beneficiary may have in such Property. Such action or inaction includes but
is not limited to the following: it the Grantor sells the Properly or otherwise transfers title to the Property
without the prior written permission of the Beneficiary; if the Grantor fails to maintain insurance on the
Property according to the Beneficiary's requirements: if the Grantor commits waste or otherwise darnages or
destroys the Property, or any portions of it, in such a way that is adversely affects the Property; if he
Grantor fails to pay taxes on the Property; if certain liens or judgments are filed; if die Property is
contemned by a governmental authority; if a prior lienholder commences foreclosure proceedings; d any
Grantor should die;
(c) If any warranty, representation or statement made or furnished to Beneficiary by or on behalf of Grantor
in connection with this transaction proves to have been false in any material respect when made or furnished;
(d) Any event which would permit termination under the terms of the Note or other Document.
18, REMEDIES OF BENEFICIARY UPON DEFAULT. Upon the occurrence of any event of default.
Beneficiary may, at its option. without prior notice to Grantor, declare she debt to be immediately due and
payable in full. Upon the occurrence of an event of default, the Trustees or the Beneficiary may institute
foreclosure proceedings, and the Grantor assents to the passage of a decree for the sale of the Prop" and
further authorizes the Trustees to sell the Property. Any sale of the Property, or a portion thereof, whether
by way of the assent to decree or power of sale, shall be made in accordance with the provisions of Section
7-105, Real Property Article, Annorared Code of Morlaod. as amended, and Rules 14-201 through 14-210
of the Maryland Rules, as amended, or other applicable general or local laws of the Stare of Maryland or
judicial rules of procedure relating to the foreclosure of deeds of trust. The terms of the sale may be cash
upon settlement of the sale or upon such other and additional terms as die Trustees deem necessary, proper
or convenient, except as specifically limited by applicable law or court rule. Such sale may be of the entire
Property as a unit or of such parts or parcels of the entire Property as the Trustees. in their sole and absolute
discretion, deem necessary, proper, or convenient. If Trustees deem it best for any reason to Postpone or
continue the sale at any time or from time to time, they may do so, in which event Tnnsnces shall conduct the
postponed sale in the same manner as the original sale provided for in this Deed of Trust. In the event of a
sale of the Property under either the power of sale or assent to decree, such sale may be made, at the option
of the Beneficiary, subject to one or more of the tenancies entered into subsequent to the recording of this
Deed of Trust, in accordance with the provisions of Section 7-105(f)(2), Real Property Article, Annotated
Code of Maryland, as amended. If the Property shall be advertised for sale as herein provided. and not suld.
fie Trustees shall be entitled to a commission on the total amount of the indebtedness, principal and interest,
remaining unpaid, equal to one-half of the percentage allowed as commission to trustees making a sale under
a decree of a Maryland court exercising its equity jurisdiction or as otherwise allowed by applicable law, plus
attorneys fees incurred by she Trustees. In the event of a foreclosure sale of the Property, the proceeds of
said sale shall be applied, unless applicable statutes shall specify otherwise, first, to the expenses of such sale
and of all proceedings in connection therewith, including anorneys' and trustee's fees equal to the
commission allowed the Trustees for making sales of property by virtue of a decree of a Maryland court
exercising equity jurisdiction or as otherwise allowed by applicable law, then to insurance premiums, liens.
assessments, taxes and utility charges including such charges advanced by the Beneficiary, then to interest at
the default interest rate provided in the Note and other Documents until final ratification of the final auditor's
account in the foreclosure proceeding, then to payment of any other sums required to be paid pursuant to any
provisions of the Note or other Documents, or this Decd of Trust, whether the same shall have matured or
not, and finally the remainder, if any, shall he paid to the Grantor or as otherwise may be judicially
determined or required by the provisions of applicable law,
19, RELEASE AND CANCELLATION Upon fulfillment of all obligations, the performance of which is
secured by this Deed of Trust, and upon payment of the Debi, this Deed of Trust and die Note or inter
Document shall be marked "Satisfied" and returned to Grantor, and this conveyance shall be null and void
and may be cancelled of recorded at the request and cost of Grantor, and title to the Property shall revest as
provided by law.
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20. MISCELLANEOUS. The captions and headings of the paragraphs of this Deed of Trust are for
convenience only and shall not be used to interpret or define any provisions. All remedies provided herein
are distinct and cumulative to any other right or remedy under this Deed of Trust or afforded by law or
equity, and may he exercised concurrently, independently or successively. All covenants contained herein
shall bind, and the benefits and advantages shall inure to, the respective heirs, executors, administrators,
successors or assigns. Whenever used the singgular number shall include the plural, and the plural die j
singular, and the use of any gender shall be applicable to all genders. This Deed of Trust shall be governed
by and construed under Maryland law. Any forbearance by Beneficiary in exercising anyy right or remedy
hereurider, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any
such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges b%
Beneficiary shall not be a waiver of Beneficiary's right to accelerate the maturity of the Debt. Time is of the j
essence in the payment or performance of any of the obligations, or of any covenant or warranty contained in
this Deed of Trust or in the Note, or other Document.
IN TESTIMONY WHEREOF. each individual Grantor has hereunto set
his hand and adopted as his seal the word 'SEAL" appearing beside or near
his signature, this sealed instrument tieing executed and delivered on the date
first above written.
GramocS/ AL) GrantockfJ/V/lt,4 LPJP1.e'T JC74V F.AL)
Grantor: (SEAL) Grantor: (SEAL)
STATE OF MARYLAND)
) TO WIT:
OF )
I HEREBY CERTIFY, that on this day of _
before me, the subscriber, a Notary Public of the State of Maryland, personally
appeared
known to me or satisfactorily proven to be the person(s) whose name(s) is/are subscribed to the
within Deed of Trust as the Grantor(s), and acknowledged the same for the purposes therein
contained and in my presence signed and sealed the same.
At the same time also appeared
and made oath that (s)he is agent
of the Beneficiary in the within Deed of'T'rust and is duly authorized to make this afildavit, and
that the consideration therein set forth is true and bona fide as therein set forth, and that the
actual sum of money advanced at the closing transaction by the Beneficiary was paid over and
disbursed by the Beneficiary either to Grantor(s) (or one of then') or to the person responsible for
disbursement of the funds in the closing transaction or their respective agent at a time no later
than the delivery by the Grantor(s) of this Deed of 'trust.
As Witness, my hand and Notartal Seal.
otary Public __
My Commission Expires:
1746 1002t Pape 5 of 6
(Page 6 of 8)
t32g41b82
Acknowledgments
[Acknowledgment form for an Individual:]
STATE OF V14G1/j>f,'1f )
CITY/COUNTY OF 14QLl NG ro ) to-wit:
I HEREBY CERTIFY that on this -CW M _ day of
0006', before me, the subscriber, a Notary Public of the
Slate aforesaid, personally appeared)&Z, E? T GE!! AAI
,i:AAIWAL"61-- - A-ft {9.1 rAVoe who
is personally known to me, or has been satisfactorily proven to be, the person whose
name is subscribed to the foregoing instrument, and he acknowledged that he executed
the foregoing instrument for the purposes therein contained.
Given under my hand and official seal this ?Q day of J;JNE
/h l celtu ? Tg'K- e ?
Notary Public
My Commission expires: d6154?/01
The undersigned hereby certifies that the above instrument has been prepared by-an
orney a ourt o
at by-one of the parties named in the above instrument.
17?eAe-t
Name: trO ?CJfE r 7"E/? ? (/ _
T /leS4a
1746 (0802) Page 6 of 6
i3Zg4b a 3
EXHIBIT "A"
LEGAL DESCRIPTION
HAVING A TAX IDENTIFICATION NUMBER OF 09-02229994A PARCEL OF LAND
LOCATED IN THE CITY OF GAITHERSBURG, COUNTY OF MONTGOMERY, STATE
OF MARYLAND, AND KNOWN AS:
BEING LOT NUMBER LOT:21 BLOCK:K,IN FLOWER HILL AS SHOWN IN THE
RECORDED PLAT/MAP THEREOF IN 12814- OF MONTGOMERY COUNTY RECORDS.
09-02229994
18629 CALYPSO PL; GAITHERSBURG, MD 20879-1551
87110182059001 / 2613002 III1q11{III1111{u11111SINGH
29131034/f 9806499
FIRST AMERICAN LENDERS ADVANTAGE
DEED OF TRUST
1111111fi11111111111N111i{1111111111i11{VIII
When recorded mail to:
FIRST AMERICAN TITLE INSURANCE
LENDERS ADVANTAGE
1228 EUCLID AVENUE, SU1TE400
CLEVELAND, OHIO 44115
ATTN. 1' 71120
Form 1302
(8 90 L abea)
(Page 1
CUSTOMER NUMBER 8711018205
BU RETAIL NOTE AND SECURITY AGREEMENT NOTE NUMBER 09001
of Virginia DATE June -22,2006
CREDITOR: BRANCH BANKING AND TRUST COMPANY OF VIRGINIA, 823 EAST MAIN STREET, RICHMOND, VIRGINIA 23219-3310
DEBTOR(S): HERAIEET SINGH
NAME _- -? -
(In this Retail Note and Security Agreement lalso called Contract) the words, I, me, my, mine and us mean each and all of those signing the Contract.
The words you, your, and yours mean Branch Banking and Trust Company of Virginia.) In return for a loan that I have received from you, I promise to
pay to your Order at the office in the above city the amount of:
EIGHTY-ONE THOUSAND DOLLARS & 00/100
U.S. $81,000.00 -l(the 'principal"), plus interest on the unpaid principal from the date of this Contract at the yearly (choose one onl
YI:
FIXED RATE OF 7.865 OR
n VARIABLE RATE OF TO BE ADJUSTED_ BASED UPON
It HE INITIAL RATE) -- -- IDIr i FA;k IN1 but shall in no event exceed the maximum rate allowed under applicable law, together with insurance charges and LATE CHARGES it any, according
to the Payment Schedule and other Contract terms as set forth below in the Special Regulation Z Truth in Lending Disclosure Box (herein Special
Regulation Z Disclosures) and according to other Nate terms as provided below,
Interest: Interest will be charged on that part of the principal which has not been paid and unless I have the right to rescind, will be charged beginning
on the date of this Note and continuing until the full amount has been paid.
X It checked her.. I have the right to rescind this loan. If I choose not to do so, I understand my interest charges w01 1 eghr to accrue on June 27, 2006
Security for Payment and Performance. To protect you it I default in the payment or performance of any obligation arising under the terms of the
Contract, I grant you a security interest in certain property and in all additions, accessions, parts, and equipment attached to property and in all
substitutions, along with any proceeds of the property (hereinafter collectively referred to as "Collateral") as described below.
If checked here, I have given you a security interest in certain personal property as described in a separate Assignment or Security Agreement
("Security Agreement") and/or I have executed a mortgage or deed of trust ("Mortgage') in favor of you which when recorded will be a lien on real
property described in that document.
0 If checked here, I have given you a security interest in certain personal property as described below.
Collateral Description: MOBILE HOME
YEAR MAKE TYPE BODY MODEL SERIAL NUMBER(S) SIZE BEDROOMS
OTHER
Except as to any collateral Borrowerls) now use or are purchasing to use as Borrower(s) pnnclpa dweliing isuch as a mobile home), this security
interest shall also secure any other outstanding or future debts of Borrowerlsl to Bank. The collateral will normally be kept at this address:
_-
If the property is allixetl or is to he affixed to real estate, the real estate is described as -follows:
and the record owner is: -- - - -?"
SPECIAL REGUI ATION 7 nlMl OSI IRPS
ANNUAL PERCENTAGE RATE FINANCE CHARGE Amount Financed Optional Payment Total of Payments
The cost of my clean as a yearly raw The deal amount the credit will The amount of creed
provided to me Protection
T
mount
a
will
a
p
after I
cost me or on my behalt ch
Wmehus w
made
have
a
all p
as ach
edUled
7.996 % E$ 88,670.83 b 80,190.00 E S 10,724.27 E $ 179,585.10
MY PAYMENT SCHEDULE WILL BE:
Num_ r o1 Payments Amount of Pavrrit@i When Payments Are Due
_ 179 $642.31 Monthly, Beginning August 1, 2006
1 64 611.61 Final Payment Due July 1 2021
SECURITY: I am giving a security interest in: FILING FEES AND TAXES 8
The goods or property being purchased. , PREPAYMENT: If I pay off easy, I may have to pay a penalty. I understand that 1
will not be entitled to It rebate of my prepaid Finance Charges.
C
I Other -Beal Estate U< Family) _
Collateral securing other loans may also secure this loan
r
. REQUIRED DEPOSIT: If you
loan Is secured by a deposit earning less than 5%,
the annual percentage rate does not take into account your required deposit.
LATE CHARGE: If a payment or any part of a payment is past due 7 or more days after the due date, I will be charged 5% of the amount of the
payment past due. When an installment payment is past due 7 or more days, subsequent payments will first be applied to the past due balance.
VARIABLE RATE: If checked here, my loan contains a variable rate feature and is secured by my principal dwelling. Disclosures about the variable rate feature have been
provided to me earlier. The maximum Annual Percentage Rate that may be imposed is 18%, or 16% If Your loan amount is 525,000 or less.
If checked here, my loan contains a variable rate feature, but is out secured by my principal dwelling or is secured by my principal dwelling but
has a maturity of one year of less. The ANNUAL PERCENTAGE RATE may increase or decrease on my loan as the
_ increases or decreases.
My rate will not change more often than and it will not increase above %; not decrease below
%. Any increase in rate will result in0 higher payments, or E]additional payment., or ?higher final payment.
ISee HYPOTHETICAL VARIABLE RATE EXAMPLES below.)
ASSUMPTION NOTICE: If this loan finances the purchase of property to be used as my principal dwelling, someone buying my dwelling cannot assume the remainder of
this loan under the original terms.
Information about nonpayment, default, any required repayment in full before the scheduled date
and
re
ment
a
f
d
,
p
p
y
re
un
s and penalties appears in my contract
document.
E means an estimate (If a box L__1 is not checked that term does not apply.)
HYPOTHETICAL VARIABLE RATE EXAMPLES
Higher Payments: If my loan were for $5,000 at a rate of 15% with 36 monthly payments of $174.04 and the rate
increased by 2% after three months, my payments would increase to $178.63.
Additional Payments: If my loan were for $5,000 at a rate of 15% with 36 monthly payments of $174.04 and the rate
increased by 2% after three months, I would pay one additional payment of $174.04 and a final payment of $20.40.
Higher Final Payment: If my loan were for $5,000 at a rate of 15% with 36 monthly payments of $174.04 and the rate
increased by 2% after three months, my final payment would increase to $365.43.
THIS AGREE161ENT IS SUBJECT TO THE ADDITIONAL TERMS AND CONDITIONS FOUND ON PAGES 2, 3, AND 0 WHICH ARE. INCORPORATED HEREIN BY REFERENCE
ACCOUNTS / NOT£S
8711018205 09001 Sol
fig 7T11
1491 VA lo5oa)
Page 1 of 4
1 ?il
I?? t
o
i
(Page 2 of 4)
ITEMIZATION OF AMOUNT FINANCED
The Amount Financed of S RO 190 00 is distributed as follows:
Amount given to me directly $
Amount paid on my account
Amount paid to others on my behalf T
(a) Insurance Companies $
(b) Public Officials (Filing, -"'---
Recording Fees and Taxes) $
124:44..._-
(c) Appraisal Fee $
- 14Jl?-
(d) Attorney's Fees to $
le) Title Insurance Premium - --
to $
if) Other $
Other $
(9) Origination Fee, Flood Fee $
_._$.LSL124_
Less: Prepaid Finance Charges floe, fee, Ifood lee. etc.( $ ,gJ000_.-
Insurance Products are
Not a deposit or other obligations of, or guaranteed by 8867 or
its affliliales.
Not insured by the Federal Deposit Insurance Corporation (FDIC)
or any other agency of the United Slates or by 88&T or its
affiliates.
It applicable, there is investment risk associated with the
insurance product, including the possible loss of value.
OPTIONAL BB&T PAYMENT PROTECTION OPTIONS
The purchase of BB&T Payment Protection is not required for
obtaining credit and will not be provided unless I Iwe) sign below,
boxes are checked to show the protection I (wel want, and I (we)
sign the separate agreement for this protection. I (Wet understand
that 1 (wet may cancel the protection at any time. The protection is
for the stated term of the Retail Note.
Protected Events
LXJ Yes, I want single Loss of Life and
Terminal illness protection at a cost of: $ 10,724.27
Yes, we want joint Loss of Life and
Terminal Illness protection at a cost o1: S
Yes, I (primary protected borrower) want
Disability protection at a cost of: S
ProteC*d Debtor-
Protected Debtor
Yes. I want Job Loss protection
at a cost of
s
Protected Debtor or Co-Oehtor
No, l(we) do not want any Payment Protection or l(we)
understand that I(we) am(are) not eligible for Payment
Protection.
Debtor's Initials
DRAFT AUTHORIZATION PROPERTY INSURANCE-1 may obtain Property Insurance from
Please debit anyone I desire that is acceptable to you. 11 1 obtain property
my acct. p insurance from BB&T. I will pay the premium shown below. No
insurance is provided unless the premium is shown.
for my loan payment each time it is due.
I want property insurance from 8067 at a cost of
Authorized Signature - - -
S for a term of months.
THIS CONTRACT IS SIGNED AND ACCEPTED SUBJECT TO THE ADDITIONAL TERMS AND PROVISIONS
CONTAINED ON PAGES 3 AND 4 WHICH ARE MADE PART OF THIS CONTRACT BY REFERENCE
EXECUTION/ACKNOWLEDGEMENT OF RECEIPT OF DISCLOSURES
The Undersigned (i) acknowledge(s) receipt of a completed copy of this Note and Security Agreement with the
disclosures contained herein, which disclosures were made prior to signing, and (ii) agrees to the terms and conditions
hereof. Witness our hand(s) and Seal(s), which are adopted by us-
WITNESS Debtor (SEAL)
??? -- 1158\l?_._
WITNESS: Debtor
----(SEAL)
WITNESS: _ Debtor (SEAL)
WITNESS: ---- Debtor -
- (SEAL)
1491VA (0506,
Page 2 of 4
(Page 3
I ALSO AGREE TO THESE ADDITIONAL TERMS: CUSTOMER It: 8ILIU I95 NOTE a:
Payments. I have promised to repay this Contract under the payment schedule as set forth on page 1 in the Special Regulation Z Disclosure box. I
understand that you will normally apply all full and timely scheduled installments under this Contract first to accrued interest, then to payment
protection fees, if any, then to the unpaid principal balance. I may repay this Contract at any time, either in full or in part, provided I also pay the
payment protection fees, it any, and accrued interest due through the date of my early payment, and repay closing costs as required by this Contract.
Bank shall not be obligated to accept any check, money order, or other payment Instrument marked "payment In full" on any disputed amount due
hereunder, and Bank expressly reserves the right to reject all such payment instruments. Borrower agrees that tender of its check or other payment
instrument so marked will not satisfy or discharge its obligation under this Note, disputed or otherwise, even if such check or payment instrument is
inadvertently processed by Bank unless in fact such payment is In fact sufficient to pay the amount due hereunder.
Estimated Credit Terms. I understand that the disclosed charges for Payment Protection coverage are applied on a daily basis. In addition, the interest
accrues on the outstanding principal balance on a daily basis. Consequently, the amount you have disclosed for the Finance Charge, Payment
Protection charges and the Total of Payments are estimates and the actual amounts paid may increase or decrease based upon my payment habits.
Prime Rate. It the words "Prime Rate," "Bank Prime Rate," "BB&T Prime Rate," "Bank's Prime Rate," or "BB&T's Prime Rate" are used in this
Agreement, they shall refer to the rate announced by the Bank from time to time as the Prime Rate. I understand the Bank makes loans both above
and below the Prime Rate and uses indexes other than the Prime Rate. Prime Rate is the name given a rate index used by the Bank and does not in
itself constitute a representation of any preferred rate or treatment.
Security. Unless otherwise provided herein, it is expressly understood and agreed that any and all Collateral (including but not limited to, real property,
personal property, fixtures, inventory, accounts, instruments, general intangibles, documents, chattel paper and equipment) given as security to insure
my faithful performance and that of any third party of any or all obligations to you, however created, whether now existing or hereafter arising, shall
remain as security for the Retail Note(s). It is understood and agreed that if you release any property herein, you will not be required or obligated to
take any lurther steps to release said property from any lien or security interest unless you determine, in your sole discretion, that you may do so
without consequence to your secured position and relative priority in other property; and unless I bear the reasonable cost of such action.
Severability. Whenever possible, the provisions of this Contract shall be interpreted in such manner as to be effective and valid under applicable law,
but if any provision of this Contract shall be prohibited by or invalid under such law, such provisions shall be ineffective to the extent of any such
prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Contract.
Ownership and Disposition. I am the owner of the collateral, and if there is a title to the Collateral, I will promptly deliver it upon request. I will not sell,
lease, make a gift of, or otherwise dispose of the Collateral without your prior written consent.
Location and Inspection. You have the right to inspect the Collateral at any reasonable place and time. I will cooperate fully to make the Collateral
available for your inspection within three days of your request. I will keep the property at the address shown on the reverse and within the State of
Virginia. I shall not use the Collateral outside the United States without your prior written consent. It I move the Collateral to another location, I shall
promptly notify you.
Additions and Substitutions of Property. All equipment, accessories and parts added by me will become part of the Collateral by accession. With your
prior written consent, I may substitute other property for the Collateral in which event, all rights, duties, obligations, remedies and security interests
shall cover fully any such substituted property.
Financing Statement. I will sign any financing statements, continuation statements and security interests filing statements regarding the Collateral and
will pay all expenses of preparing and recording such statements when requested by you. I also grant you my Power of Attorney, which shall be
effective so long as any amount is unpaid on the obligations secured by this contract and which gives you the right to sign my name on any financing
statement you wish to file. I further specifically authorize you to file financing statements without my signature in any locations you believe necessary.
Other Security interests. There are no other security interests or any other liens on the Collateral other than yours and those which I have disclosed to
you in writing. 1 will not place, or allow to be placed any other security interest or lien on the Collateral while this Contract is still in force without your
prior written consent. Should a lien of any kind be placed on the Collateral, I will promptly see that it is paid, satisfied, cancelled and removed. If the
Collateral consists of a one-to-four family residential dwelling unit, the further voluntary encumbrance of such dwelling unit shall not be prohibited and
shall not be deemed an event of default. "Voluntary encumbrance" shall not include any tax liens, judgment liens, mechanic's liens, or any liens
which arise by operation of law, all which shall be considered an event of default hereunder.
Maintenance. I will keep the Collateral in good condition and good repair and I will not allow anything to be done to or with the Collateral that would
lessen its value, except for normal use.
Insurance. I will keep the collateral insured at all times with the type of insurance and in such manner as you require. I shall pay all premiums for such
insurance when they are supposed to be paid so the insurance will not lapse. If the collateral is damaged or destroyed, I understand that it is my loss
and not yours. If I do not keep the required insurance in force or do not pay the premiums when due, you can force place collateral protection
insurance which does not provide liability coverage, but which insures your interest in the collateral with a policy written for the remaining term of my
loan and backdated to the date of any lapse in coverage. I authorize you to obtain coverage as contained in your program of insurance and collateral
protection policy as in effect from time to time the terms of which are incorporated herein by reference which may include coverage in the U.S.,
Mexico, and Canada, a maximum of $50,000.00 coverage limited to the least of the cost to repair or replace any vehicle with another of like kind and
quality, actual cash value or the net payoff on my loan. I authorize you to obtain this coverage and acknowledge you will earn a commission for
placing this insurance. You may add the cost of this coverage to the outstanding balance of the Contract and it shall bear interest at the lesser of the
Contract Rate or sixteen percent (16%f per annum until paid. You may also increase the amount of my monthly payment such that the loan will be
paid at maturity (may include irregular final payment). In the alternative, a balloon payment will be due at maturity. However, I understand that you do
not have to cover the collateral with insurance. If you do not insure the collateral, none of your rights or remedies against me will be prejudiced. I
agree that only the primary debtor will receive notices regarding insurance matters and corresponding modifications to my payment schedule, if any.
Any amount you pay for me will be secured by this security interest I have granted to you. All insurance proceeds under any insurance policy shall be
payable to you for the amount of any money I owe to you. I will deliver to you the insurance policy or policies or a certificate of insurance, which may
be applicable for insurance which I obtain. I give and assign to you any unearned insurance premiums which may be returned on cancellation of any
insurance policy and agree that refund of any collateral protection insurance placed by you will be calculated and paid under the "Rule of 78's". 1
appoint you my attorney-in-fact to settle any insurance claim and to endorse any draft or check which may be payable to me so as to collect any
unearned insurance premiums or insurance proceeds. I understand that all insurance proceeds and returned insurance premiums received by you will
be applied against the money I owe you and any balance remaining will be paid to me. You owe me no fiduciary duty as to claims or placing
insurance.
Events of Default. I will be in default under this Contract if any of the following events take place:
1. If I tail either to make a payment on time, or to perform all of my obligations under this Contract or under any other agreement I have made
with you either now or in the future; or
2. If I or any other person or entity obligated under any other contract, note, agreement or document given in connection with this credit
transaction, either now or in the future (herein "Obligor"), violates any term, provision or covenant contained therein; or
3. If I fail to furnish you information sufficient to verify my identity as required under the USA Patriot Act; or
4. If I or any Obligor make a false or materially misleading statement to you in connection with this or any other credit transaction; or
5. It I or any Obligor die, become insolvent or bankrupt; or ,
6. It the Collateral, if any, has been substantially damaged or lost or stolen; or
7. If I or any Obligor fail(s) to provide adequate and continuous insurance on any Collateral, as required by the Retail Notels) or this Agreement
or any other agreement with you; or
8. If I or any Obligor should use the Collateral, if any, in violation of any law, rule, regulation or government order; or
9. It a judgment or lien, including a tax lien should be filed or levied against me, or an attachment or garnishment should be issued against any
of my property or rights; or
10. If you should consider any of my obligations to you under this or under any other agreement, contract, note or instrument unsafe or not
completely secure, or it you should believe, in good faith, that my chances of payment or of other performance under this or under any other
agreement, contract, note or instrument have been impaired.
1491VA 1o5c6, Page 3 of 4
Rights and Remedies. If .1 am in default, other than a payment default, you may, without prior notice, require the immediate payment of the total
indebtedness due under the Note and Other Obligations and you shall eve
,Code all rights and remedies as provided under the Virginia Uniform Commercial
, includingg the right of repossession. It I default on a payment, and if I do not cure such payment default and pay any late payment penalties
within seven (7) days after the installment due date, YDU may, without prior notice, require the immediate PeYmane of the total indebtedness due under
the Note and Other Obligations, and you :h
all have all rights and remedies as provided under the Virginia Uniform Commercial Code, tid the right
of repossession. You may repossess thProppeerty without giving me env nonce before doing so and you have my permission to ente inol r any ing p remises
where the Property is located to recover the Property. If requested, I will promptly gat the Property together and deliver it to you. All of Your rights
and remedies are cumulative and may be exercised by you concurrently. Failure or delay by you to exerese any of your rights and remedies at any
time will not mean that you have given Obligor up or lost the right to exercise that right Or remedy or any other right or remedy at a later time. In addition,
you may agree with any one or mare on the Note or on any Other Obligation to change the terms of payment, renew or extend any term
without notifying me and such actions shall not release the Property from your lien under this Agreement.
Right of Offset. If ! am in default, I authorize you to exercise immediately your common law right of offset against any monies or credits I might have
with you.
No Waiver of Rights. You may accept late or partial payments as well as delay enforcing any of your rights on any occasion, without losing your rights
under this Contract.
Repayment of Closing Costa. If the Bank pays any or all of the closing costs to establish my account, and I elect to terminate my account within three
years of the origination date, I will be asked to repay some or all of the closing costs paid to outside providers on my behalf. These costs may include,
but are not limited to; title insurance premiums, attorney, appraisal, (food certification, and recording fees.
Subordination. 1 understand and agree that it I make a request of the Bank to subordinate the lien position of my account to another lienholder, you
may charge and collect a fee of $100 for the processing costs associated with this service.
Returned Payment Fee. I agree that you are entitled to charge and collect a processing lee of $25.00 for a check on which payment has been refused
by the payor bank because of insufficient funds or because f did not have an account at that bank.
Release Fee. You may be assessed a lien release tee, at the time your loan is paid off, of an estimated amount of $31.00 which will be based on the
amount currently charged by the county or state for releasing your lien.
Additional Fees. If you agree, in your sole discretion, to defer any payment of principal and/or interest, I agree to pay a fee, each time you defer such
payment,in the amount of twenty-live dollars (5251• If you agree, in your sole discretion, to renew the term of your loan, or to modify any term of this
Contract, or any other document executed in connection with this Contract, I agree to pay :new at each renewal or modification, in the amount of
two percent (2%) of the outstanding Vrincipal and interest balance determined at the time of such renewal or modification if such outstanding balance
is less than or equal to $2,500.00. II the outstanding principal and interest balance determined at the time of such renewal or modification is greater
than $2,500.00, 1 agree to pay a fee of $50.00 at each renewal or modification. It I default under this Contract, I agree to pay all of your collection
and legal expenses, including your reasonable attorneys' fees. 1 agree that 33% of the sum of the unpaid principal balance plus all accrued interest
owing at the time you file suit shall amount to your reasonable attorneys' fees.
inquirles About Your Account. When writing or calling about your account, please furnish your complete account number. For questions or inquiries
about your account, you may contact any BB&T branch office. If you dispute the accuracy or completeness of any information supplied by BB&T in a
consumer re art furnished by a consumer reporting agency, please write,
BB&T Loan Services
P, 0. Be. 2306
Wilson, NC 27893
MC: 100.50.0257
Responsibility of Persons Under This Contract. If more than one person sil this Contract, each of us is fully and personally ObligBled to pay the full
amount owed and to keep at] of the promises made in the Contract. Any Guarantor, surety, or endorser of this Contract is also obligated to do these
things. You may enforce your rights under this Contract against each of us individually or against all of us together.
Actions Taken on My Behalf. If I fail to do anything 1 am required to do under this Contract or any other agreement with you, such as to discharge
taxes, liens, security interests or other encumbrances at any time levied or placed on the Collateral place and pay for any insurance thereon, order and
pay for the repair, maintenance and preservation thereof or pa any necessary recording or filing fees, you may, in your sole discretion and without
further obligation, take these acts on my behalf as you see fit. These amounts so spent will be added to the unpaid balance of what I owe you under
this Contract and the rate of interest accruing on the unpaid principal balance of the Contract will be applied until I fully repay you. You may, but are
not obligated to, increase the amounts of my payments under this Contract to cover the resulting total unpaid balance. I agree to make those new
payment amounts if you so notify me. You also will be protected by your security interestlsl as to these amounts in that Collateral securing shall also
secure these amounts. However, any Payment Protection will not cover these additional amounts or any resulting additional interest. 1 understand that
ainsurance purchased for me upon my failure to maintain such insurance, such as property insurance, will only protect your interest in the
Coy, ateral. You are under no obligation to purchase insurance to protect my interest, if any, in the Collateral, or to otherwise aetisly any legal
requirement such as those for liability insurance covering personal injury and property damage to others.
Governing Law. This Contract shall be governed by the law of the State of Virginia; provided however that any Mortgage or Deed of Trust
encumbering the Borrower's property located in a state other than Virginia shall be governed by and construed in accordance with laws of that state,
end the Borrower hereby submits to the jurisdiction of the state in which the property is faceted in connection with any foreclosure or enforcement
proceeding undertaken in connection with the Borrower's property. This is the entire agreement between you and me. No other agreements or
understandmgs exist outside of this document.
eArbitration. Any unresolvable controversy or claim between us including but not limited to those arising cult of or relating to this instrument,
Com Prahe rt siive d Arbtrationr Ruany les related
nd Prcedest of J.A.MS../ t End?tspute orr documents anyshall
uccessorr determined
thereof [%Abinding ."1,and t the r rules set accordance
forth herein.
Judgment upon any arbitration award may be entered in any court having jurisdi successor The arbitration award shall include (1) a provision that the
prevailing party in such arbitration shall recover its costs of the arbitration and reasonable attorneys' fees from the other party; and f2) the amount of
such costs and fees.
Arbitration hearings will be held in Winston-Salem, North Carolina for North Carolina Contracts, Columbia, South Carolina for South Carolina Contracts
and Richmond, Virginia for Virginia Contracts or such other city as you and I may mutually agree. The arbitration shall be administered by I.A.M.S.,
who will appoint one (1) arbitrator who shall be a retired judge or retired attorney experienced in bank lending contracts. All arbitration hearings will
be commenced within 90 days of the other party's Facet pt of written demand for arbitration; further, the arbitrator only shalt be permitted, upon a
showing of cause, to extend the commencement of such hearing for up to an additional 60 days. Any controversy or claim subject to this arbitration
provision not submitted to arbitration within one (1) year after such cause of action has accrued shall be deemed barred, notwithstanding any longer
statute of limitations available at law. Notwithstanding the foregoing, unless previously arbitrated in the event of any default in an obligation I owe to
you, you may file a civil action against me to collect amounts owed by me to you at any time within three 13) years from the last event of default.
Nothing in this arbitration provision shall be deemed to (1) Permit the arbitration of a controversy or claim (even identical) with another person or
permit class-wide arbitration; or (2) limit the appficabiloity of any otherwise applicable waivers contained in this instrument, agreement, or document;
or (3) be a waiver by you of the protection afffordad t it by otherwise applicable federal or state law; or 14) limit your right (a) to exercise self-help
remedies against me such as (but not limited to) setoff; (bl to institute and maintain foreclosure or safe against any personal property collateral, or (c)
to petition a court for provisional or ancillary remedies such as lbut not limited to) injunctive relief or writ of possession. You may exercise such
self-help rights, foreclosure upon such property, or obtain such provisional or ancillary remedies before, during, or after the pendency of any
arbitration proceeding brought pursuant to this instrument, agreement, or document. Neither this exercise of self-help remedies nor the institution or
maintenance of an action for foreclosure or provisional or ancillary remedies shall constitute a waiver of the right of any party, including the claimant
in any such action, to arbitrate the merits of the controversy or claim occasioning resort to such remedies.
Guaranty of Third Persons
By signing below and to induce you to grant the requested credit extension to the Debtor(s), Ilwe unconditionally puarrill the prompt payment when
due to you, Branch Banking and Trust Company of Virginia, and any other holder of the above Note of the entire amount owing on the Note if the
Debtor(s) defil lsl in payment or performance of any obligations to you. This is a guaranty of payment and not of collection. I/we waive notice of
acceptance of this guaranty and agree you don't have to notify me/us if any payments under the Note have not been paid or it the Debtor(s) haslhavel
otherwise defaulted. You can change the terms of the Note or the schedule of payments or release any security or any Debtor without notifying me or
releasing me from responsibility under this guaranty. 1 agree to be bound by all terms of the Note and agree to pay all amounts owing under the Note,
on demand, without requiring you to bring suit or take other action against the Debtor(s) or any collateral for the Contract. In addition, each of the
undersigned expressly waives any right to require you to recover against the Debtorlsl or any collateral pursuant to any applicable law, statute or
regulation, including the provisions of Virginia Code §§ 49-25 and 49-26 if you sue to enforce this guarantyy agreement, Ilwe agree to pay the
reasonable attorneys' fees of the holder of this guaranty equal to 33% of the outstanding balance owing on the Contract.
This guaranty is the joint and several obligation of each of us. Witness the hand(s) and seal(s) of the undersigned. Wye herewith adopt as mylour seal
the word (SEAL) appearing above, beside or near mylour signaturefs) below:
Witness
(SEAL)
Address)
Witness
I Address)
(SEAL)
1491 VA lo5oai Page 4 of 4
(Page 1 of 2)
BUT RETAIL LOAN APPLICATION Date 06/05/2006
This is an application for, 871101820509001 10 '
PURPOSE Refinance Primary Residence
PROPOSED PRODUCT Installment Loan PROPOSED LOAN' AMOUNT 581,000.00
PROPOSED TERMS: 180 Monthly PAYMENT(S) 7.865 -,: % INTEREST RATE -._93,50___ % LOAN TO VALUE
PROPOSED COLLATERAL Mcwaiq.aaieJJl 2nd D/T 18629 CALYPSO PLACE GAITHERSBURG MD 2087
LOAN VALUE 9 0.00 _ PURCHASE PRICE 9 N/A - PRIOR LIENS 9 425,000.06
COLLATERAL PRESENTLY FINANCED BY New First Mortgage - HomeCUmmgS_ YEAR PURCHASED N/A
PROPOSED DOWN PAYMENT 9 N/A SOURCE
IF YOUR LOAN IS SECURED BY A DWELLING (INCLUDING A MOBILE HOME). WILL THE DWELLING BE OCCUPIED AS A LX1 PRIMARY 71 NON-PRIMARY RESIDENCE?
IS THIS TO BE JOINT CREDIT) YES a NO wn Residence
Rent
PRINT FULL NAME DATE OF BIRTH SSNi ;ITIN HOME PHONE
-
HERMEET SINGH _ 08/02/1972 1
87-78-3395 240-498-9881
STREET ADDRESS CITY, STATE, 71P : LENGTH OF RESIDENCE
18629 CALYPSO PLACE GAITHERSBURG, MD 20879-0000 1 Years 6 Months'
A PREVIOUS ADDRESS CITY, STATE, ZIP LENGTH OF RESIDENCE AGE OF DEPENDENTS
P OTHER THAN SPOUSE
28 ONEILL DRIVE GAITHERSBURG, MD 20877-0000 2 Years 4 Months
P -FIRM NAME OR EMPLOYER'S NAME ADORESS
L
I SYSCONO_P 8900 GRISTMILL wOODSrALEXANDRIA VA 22303-0000
C POSITION BUS PHONE
: HIRE DATE m
-
I
N ACCOUNT EXECUTIVE 703-598-0937 05101/2004. -
T PREVIOUS EMPLOYER ADDRESS
POSNION BUS PHONE START DATE LEAVE GATE,
NEAREST RELATIVE NOT LIVING WITH APPLICANT ADDRESS - PHONE RELATIONSHIP
PRINT FULL NAME ICO-APPLICANTI GATEOF BIRTH r ? SSN ? ?
ITIN
C I
I._ L_.
0
FIRM NAME OR EMPLOYER'S NAME
ADDRESS
A
-
P -
p POSITION ' V$ PHONE HIRE DATE -
C PgEV10U5 EMPLOYE" AOOgESS
:
A ..
N POSInOrI
T S
TART DATE LEAVE DATE
ALIMONY, CHILD SUPPORT. OR SEPARATE MAINTENANCE INCOME NEED NOT BE REVEALED IF YOU DO NOT WISH TO HAVE IT
CONSIDERED AS A BASIS FOR REPAYING THIS LOAN,
IS APPLICANT SELF-EMPLO YED? ? YES. O NO
PRIMARY INCOME 15 CO APPLICANT SELF-EMPLOYED? Q YES. 11 NO
N APPLICANT'S GROSS MONTHLY SALARY for Jvwfoe -v -,ft, W-w -onw T fJlTampbYJEI t?
C CO APPLICANT '5 GROSS MONTHLY SALARY for fvwpe momNy 'vr;ortro flier Oufrtrofa e.PUnsee it sMlJmpbyWl 3
D ADDITIONAL INCOME
M
E OTHER (APPLICANT)' - -- _- { D W
OTHER (CO-APPLICANTI' t
TOTAL t -
AOOnionfl
.
t
rfntYf. Pwtnereirq, cbfeN (rob OOrPOrftbnJ, InvfJtmenl. retYJmOnt,
9
C. A
af
as--. ovw[m,. p Amount fywl4 intlWS evwepe -W v100rns ffter fnv relJ[o0 efpMNJ, it t .
oPEOfdo.
'
D ADpicur t: PRIMARY 10 TYPE ID Unavailable - Co-Applicant' PRIMARY 10 TYPE -
E 10 NUMBER - ID NUMBER -
N STATE STATE
T ISSUE DATE 00/00100 ISSUE DATE
I EXPIRATION DATE 00/00/00 EXPIRATION DATE -
F
Is Applicant a U.S. Citizen? a Yes ? No I3 CO-Applicant a U.S. Cil¢en? n.Yes I No
C
A SECONDARY ID TYPE SECONOAFIY IO TYPE
T ID NUMBER ID NUMBER
I STATE STATE
0 ISSUE DATE 00100100 ISSUE DATE
N EXPIRATION DATE 00/00100 EXPIRATION DATE
ACCOUNT# / NOTE#
8711018205 09001
1483 104071 Page 1 of 2
(Page
-List all amounts in dollars. Omit cents.
ASSETS
B
O
i AMOUfaT LIABILITIES AND NET WORTH AMOUNT
n
ep.
anks & Other Fin. Inst. Accounts Payable
Cash Value of Life Insurance
N Loans on Life Insurance
Otos and Accounts Receivable Taxes Due - Income
Marketable Stocks & Bonds Loans Due BB&T SOW
Stock in Closely Held Corporations Liabilities of Proprietorships
Assets of Proprietorships
A Liab. Of PliinershipslJolnt Ventures
ssets of Partnerships & Joint Ventures Loans on Vehicles, Boats, Mech., & Equip.
Vehicles, Boats, Machinery & Equipment So,no Loans on Real Estate
Real Estate S54 1," 00 Other Loans Payable
Vested Interest in Pension/Retirement Accts. Other Liabilities
Sooo
Other Assets
Total Debilities
V Net Worth
Total Assets S931
000 (10 Total Liabilities & Net Worth 5505 000
. 59
31 00000
HOUSSIIN'G INFORMATf?ION EST VALUE NAME 6 ADDRESS OF MORTGAGE CO. OR LANDLORD ACCT. NO.
LI RENT n 10wN $ PRESENT BALANCE MOMHLY MORTGAGE
PAYMENT OR AENT
541.ODO.00 Aurora Is[=5341; 2nd=.S85k s 42G.OOt1.00 a 2,382.00
AUTO YEAR / MAKE 7 MODEL FINANCED By AND ADDRESS BALANCE OWING MONTHLY AVM S
_
AUTOvEAR I MAKE i MODEL FINANCED BY AND ADDRESS
BALANCE OWING L
MONTHLY PAYMENTS
CREDIT REFkaENCES: IIST qLL DEBTS SING pAryHN-Kf FINANCE OMPANIE$ Epp. DIT CngDS
OTNFq )ATTACH ADOI710NAi SH
T
F
C 1 3
.
EE
I
11E
E$SgRYI
NAME BALANCE OWING MO.VTHIY PAYh1EM5
CREOrT LIMIT q[[T. ND. - -
3 3
_
_- - 3 3
_
A
AL?
pIL OT
HER
S
M
BILLS/DE N-6TU5TEDq Y CL F E
NY
O
SUPPORT MONTPPORT
CHILDD
ALIMONY
OR
ANY HLY PAYMENTS I
f f F
ARE YOU A CO-MAKER, ENDORSER. OR GUARANTOR ON ANY LOAN OR CONTRACT) 71 YES
NO -
LXJ
IF -YES.- SEE DETMLS_ON ATTACHMENT.
HAVE YOU EVER BEEN DECLARED I ANKRUPT OR HAVE YOU HAD JUDGEMENTS, GARNISHMENTS OR OTHER LEGAL ACTIONS AGAINST YOU'
C YES No
IF '
'
YES,
SEE DETAILS ON ATTACHMENT.
i0irder HAfDA the following information must be completed iONlY on thole !vans far Honr NIP ehese secured by a dwAng
Home
o
o
,
ij
rovement of a dwerltil of s Refinance of a loan secured by ,a dwelling; where the now and existing loan is secured by a dweAing-
regardfess of purpose. :Under Reg: B the following information must be completed on lines to purchase or rafinence purchase money
Nnes secured by the principal dwelling. -
Loans suD{act to the Home Mortgage Disnoron Act IHMDAI
Information for Government Monitoring Purposes
The following information is requested by the lederat government for certain types of loans related to a dwelling in order to monitor the tender's compliance With
equal credit opportunity, fair housing
and home mortgage disclosure laws You are not re
i
f
d t
h th
i
i
f
s
qu
urn
re
is
n
o
s
ormation but are encouraged to do so. You may
select one or more d9slgnations for Race. The law provides that a lender may not discriminate on the basis of this information
f or on whether you choose to
urnish it. However
IF you choose not to furnish the inform
ion
d
,
an
at
you have made this application in person, under federal regulations the lender is required to
note ethnicity, race, and sex on the basis of visual observation or surname. 11 you do not wish to furnish the information, please Check below.
Applicant: I do not wish to furnish this Intormation. - CD-Applicant: I do not Wish to furnish this information.
thniciiy: Hispanic or Latino 0 Not Hispanic or Latino Ethnicity: uHispanic of Latino ONot Hispanic or Latino
U Client did not provide by Mail, Internet or Phone Client did not provide by Mail, Internet or Phone
Race: American Indian or Alaska Native Asian Race: IJ American Indian Or Alaska Native Asian
n Block or African American Native Hawaiian or Other Pacific []Black or African American Native Hawaiian or Other Pacific
Islander Islander
t7._I White O Client did not provide by Mail, Internet or Phone E]White Client did not provide by Mail, Internet or Phone
Sex: LJ Male 7 Female Sex: 0 Male F I Female
l^J Client did not provide by Mail
Internet
or Phone F1 Cli
t di
,
,
en
d not provide by Mail, Internet, or Phone
(Loans subject to Regulation B Monitaring)
In addition to the HMDA information above, the following Information must be completed ONLY on teens to Purchase or Refina
l
nce
oans secured by the Principal Dwelling
Applicant
Co-Applicant
Marital Status: tV Married p Separated Marital Status: El Married ? Separated
QUnmerri
in
d (
l
di
d
g
e
s
e,
vorce
, widowedi []Unmarried (single, divorced. widowed)
Q Client did not provide by Mail, Internet, or Phone
C3 Client did not provide by Mall, Internet, or Phone
NOTICE TO APPLICANTIS):
The Fair Credit Reporting Act requires that we advise you that a routine inquiry may be made in processing your request for an extension of credit which will provide
applicable information concerning your credit worthiness. Insurance and credit standing, credit capacity
character
general .
,otjon
[
h
i
,
,
, persona
p
C
aracterist
cs, or mode
01 living. Upon written request to the Branch Banking and Trust Company office processing your application information on the nature and scope of the inquiry, if one is
made, will be provided. Applicantls) signify that the information
nt
i
d i
hi
co
a
ne
n t
s application is correct to the best of his/her knowledge, authorite BB&T to make a Credit
investigation and establish credit kntits where applicable.
WE MAY REPORT INFORMATION ABOUT YOUR ACCOUNT TO CREDIT BUREAUS. LATE PAYMENTS, MISSED PAYMENTS, OR OTHER DEFAULTS
ON YOUR ACCOUNT MAY BE REFLECTED IN YOUR CREDIT REPORT.
NOTICE ABOUT YOUR RATE
If this Credit request is approved, the interest rate you are quoted at that time will be in effect for 30 days. If your loan does not close within 30 days, it may be subject
to repricing at the current rate.
APPRAISAL NOTIFICATION:
You have a right to a cop, of a Real Estate appraisal report if used in connection with pour application for credit. If you wish to racewo a copy, please notffy your local
BB&T office in writing. We must hear from you no later than 90 days after we notify you abo
t the
n
i
k
u
act
o
ta
en on your credit application or you withdraw your
application. In your loiter, please provide your name, mailing address, appraised property address. the branch 10 which you applied for credit, and the date of your
application.
INSURANCE OESCLOSURE:
BB&T or its affiliates may not condition an extension of credit on either:
s The clie
ts
h
f
n
purc
ase o
an insurance product from BB&T or any of its alfilietes, or
a The clients agreement not to obtain, or prohibition on the consumer from obtaining, an insurance product from an unaffiliated entity.
IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT
To help the government fight the funding of terrorism and money laundering act-lies, Federal law requires all financial institutions to obtain
verify
and record
information that id
tifi
h
,
,
en
es eac
person who opens an account.
What this means for you'. When you Open an account, we will ask for your home, address, date of birth, and other information that will allow US to identify you. We
may also ask to see your driver's hcense or other Identifying documents.
All part as signing this akcation below affirm the statement of intent regaroing joint credit on page 1 of this application
.
JlL!?yql ??A?/r/, (SEAL)
__-?L(SEALI
Sig
INCH
xppkan C.Ati DATE
1483 (0407) Page 2 of 2
13 :'32 : 15 Fr i Jan 25, 2008
R140-2 13:32:11 RECOVERY MANAGEMENT SYSTEM B53012 01/25/08
ACTIVE Rcvr: 1553 Col: 00 Recoverer Work Screen LEGAL REVIEW
Acct...: 87110182059001 Balance: 84,234.27 RETAIL LOAN
Tax No.: 187-78-3395 Status...: 500 FOD: Chg Off..: 11/23/07
Name...: SINGH,HERMEET Phone(H) (240)498-9881
Name 2.: , Phone(W) (703)598-0937
Address: 4420 GETTYSBURG RD APT 3 Phone(C)
Address: Next Pymt:
City,St: CAMP HILL, PA 17011-6612 Pymt Amt: 0.00
Comaker: **NONE** Pymt Frq/Typ: 000 / _
Last Comments: Days Past Due: 0 Past Due: 0.00
Daily In: 17.38
Next Cont:
Letter....
Re-Queue After.: _ on Last Pymt: 07/03/07
Enter Option: _ (Enter ? to see all Options.)
Chg. Date Activity Result Status Completed
01/24/08 REVIEW NOTES I
01/24/08 SEND PENDING LEGAL ACTION LTR I
****
PF Keys: 2=Last 3=Prey 4=Next 5=Prt 6=OthAct 7=Back 8=Fwd 13=DebtSum 15=CanLet
co
10:23:58 "',.;.e Jan 15, 2008
R13v-1 10:23:55 RECOVERY MANAGEMENT SYSTEM
ACTIVE BBT1 View Account
Acct...: 87110182059001 _
Tax #..: 187783395 File #..: 0000009677727
Name...: SINGH,HERMEET
Name 2.: ,
Address: 4420 GETTYSBURG RD APT 3
Address:
City...: CAMP HILL State: PA
Ph(Ho).: 2404989881 Zip..: 17011--612
Ph(Off): 7035980937 County..:
Contact Frequency: 000 / Payment Frequency: 000 /
Comaker: **NONE**
Charge-Off Amt...:
Recovered Princ...
Net Charge-Off...:
Associated Costs.:
Recovered Costs..:
Accrued Interest.:
Recovered Int....:
Account Balance..:
PF Keys: 3=Prev
Original FOD
80,688.06
0.00
80,688.06
909.00
0.00
2, 637. 21
0.00
84,234.27
Judgment
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
B75281 01/15/08
REL6.1.0
Birthdate.... : 08/02/72
Status........ 500
Loan Type..... 0200
Officer......
Recoverer....
Interest %...:
Received.....
Assigned.....
Commission...
Contract Date:
Last Contact.:
Next Contact.:
Last Payment.:
Payment Due..:
Judgment Date:
Dead Transfer:
Payment Amt..:
Past Due Amt.:
Daily Int Amt:
1864
1100
7.86
11/23/07
11/23/07
.00
06/22/06
01/15/08
07/03/07
0.00
0.00
17.38
AFFIDAVIT 6 - DIRECT INSTALLMENT AFFIDAVIT
VIRGINIA:
Branch Banking and Trust Company of Virginia,
Plaintiff, )
V. )
Hermeet Singh
Defendant(s) )
AFFIDAVIT
STATE OF VIRGINIA )
CITY/COUNTY OF ROANOKE )
I, Teresa A. Slate, being an individual over the age of 18 and competent to testify,
state and depose as follows:
1. That I am an Officer of Branch Banking and Trust Company;
2. That Branch Banking and Trust Company is the authorized agent for the
plaintiff for the purpose of collecting this debt.
3 That the following facts are true:
a. that on or about 6/22/2006 Defendant(s) signed an Installment Note
bearing 7.996% interest
b. that on about 11/23/2007 , Defendant(s) defaulted on said Note;
C. that the balance due and owing under the Note is $ 84234.27 as of
2/29/2008 _ and
d. that under the terms of the Note, Defendant(s) is (are) liable for
attorney fees and court costs incurred by Plaintiff in any action to
collect the balance due under the Note;
4 That the debt herein described is now due and owing from Defendant(s) to
Plaintiff; and
5. _x_ The defendant is not now on active military service as defined by the
Service Members Civil Relief Act.
OR
Based upon my review of the credit application, credit report, and/or
other demographical data, the defendant is, upon information and belief, in
the military service.
I DO SOLEMNLY SWEAR AND AFFIRM under penalties of perjury that the contents of the
forgery affidavit are true to the best of my knowledge, information and belief.
yt? &/'? Jzz-
Subscribed and sworn to before me this 29 February 2008
_•_ _ .le. w/___ Q
Notary Public
My Commission Expires: _?????
VERIFICATION
I, Teresa A. Slate Banking Officer
(name) (title)
of BRANCH BANKING & TRUST CO.. verify that the statements made in the aforegoing document are true and
correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating
to unsworn falsification to authorities.
BRANCH BANKING & TRUST CO.
By:
Title: Banking Officer
Dated: May 16, 2008
34284
R4
+?1?7r1?J 3
O
00 -n
..
\A
O - ?
,
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-03362 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BRANCH BANKING & TRUST CO
VS
SINGH HERMEET
SHAWN HARRISON , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
SINGH HERMEET the
DEFENDANT
, at 1103:00 HOURS, on the 14th day of June , 2008
at 4420 GETTYSBURG ROAD
CAMP HILL, PA 17011
by handing to
PRETTI SINGH, WIFE
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 12.00
Postage 59
Surcharge 10.00
00
DG?p.?Gp 40.59
Sworn and Subscibed to
before me this day
of ,
So Answers:
R. Thomas Kline
06/16/2008 /?
KODAK & IMBLUM /Z1 A
By:
eputy S
A. D.
i , .
BRANCH BANKING & TRUST CO.
Plaintiff
V.
: IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2008-03362 CIVIL
HERMEET SINGH CIVIL ACTION -LAW
Defendant
TO: PROTHONOTARY, COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PRAECIPE FOR DEFAULT JUDGMENT
Please enter judgment in favor of Plaintiff and against Defendant(s) HERMEET SINGH,
named for failure to file within the required time an Answer to the Complaint in the
above-captioned case and assess the Plaintiff's damages as follows:
Amount claimed in Plaintiffs Complaint $105,292.84
Interest at the rate of 7.996% per annum from March 29, 2008 $2,981.80
Total = $108,274.64
I hereby certify that a written Important Notice of the intent to file this Praecipe was
mailed or delivered to the Defendant(s) and/or his/her Attorney of Record, if any, after
the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe
and a copy of the notice is attached.
KODAK & IM 'P
By
Robert D. Kodak, Attorney for Plaintiff
DATED: 0408 Judgment entered and damages assessed as above.
&r a4'0
othono
LAW OFFICES OF
KODAK & IMBLUM, P.C.
CAMERON MANSION
Robert D. Kodak 407 NORTH FRONT STREET
Gary J. Imblum POST OFFICE BOX 11848
HARRISBURG, PA 17108-1848
www.kodak-imbIum.com
July 7, 2008
HERMEET SINGH
4420 GETTYSBURG ROAD APT 3
CAMP HILL PA 17011-6612
RE: Branch Baking & Trust Co.
VS: Hermeet Singh
Our File No. 34284
Telephone
717.238.7152
Facsimile
717.238.7158
BILE COPY
No. 08-3362 Civil, Court of Common Pleas
Cumberland County, Pennsylvania
Dear Mr. Singh:
In accordance with Pennsylvania Rules of Civil Procedure 237.1, we are enclosing herewith a
Notice of a Praecipe for Entry of Default Judgment. According to the records as they are found in the
Office of the Prothonotary of Cumberland County, you have not filed responsive pleadings to the
Complaint filed against you to the above term and number, nor has any attorney entered an appearance
on your behalf.
Accordingly, we are forwarding to you the enclosed Notice which indicates that if you do not take
action as set forth in this Notice, we, at the expiration of time indicated therein, will request the Office
of the Prothonotary of Cumberland County, Pennsylvania, to enter Judgment against you in the amount
as set forth in said Complaint.
Very truly yours,
RDK/bjh
enclosure
KODAK & IMBLUM, P.C.
Robert D. Kodak
robert.kodak@kodak-imblum.com
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR.
cc TERESA A SLATE
BB&T RECOVERY DEPARTMENT
1410 COULTER DR
ROANOKE VA 24012
87110182059001
i r .
FILE COPY
BRANCH BANKING & TRUST CO.
Plaintiff
V.
HERMEET SINGH: CIVIL ACTION - LAW
Defendant
TO: HERMEET SINGH, Defendant(s)
DATE OF NOTICE: July 7, 2008
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-03362 CIVIL
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 SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 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
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
C
)
-?
-0 c V, cw7 n
z - F
'?
ak $ ? t na ? ? ?
? ;
":
Q
Sul
BRANCH BANKING & TRUST CO.
Plaintiff
v.
HERMEET SINGH
Defendant
TO: HERMEET SINGH, Defendant(s)
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2008-03362 CIVIL
: CIVIL ACTION -LAW
You are hereby notified that on 2000 the following
(judgment) has been entered against you in above-captioned case.
Tudgment entered in the amount of $108,274,64.
DATE: 8//,q `g
//IotAg?
ono
I hereby certify that the name and address of the proper person(s) to receive this
notice is:
HERMEET SINGH
4420 GETTYSBURG ROAD APT 3
CAMP HILL PA 17011-6612
PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS)
P.R.C.P. 3101 to 3149
BRANCH BANKING & TRUST CO.
Plaintiff
Vs
HERMEET SINGH
4420 GETTYSBURG RD, APT 3
CAMP HILL, PA 17011-6612
DEFENDANT(S)
IN THE COURT OF COMMON PLEAS OF
Cumberland COUNTY, PENNSYLVANIA
Writ No. Term 20
No. 08-3362 Term 20.08
Amount Due
8/ 12/ 08 jdmt $ 108,274.64
Interest from 8/12/08- 9/25/08
(23.37 per diem) $ 958.17
Atty's Commission
$ 5,413.73
Costs (to be determined) $
TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER,
(1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania
(2) against HERMEET SINGH
(3) and against
e en ants ;
Garnishee s ;
(4) and index this writ
(a) against HERMEET SINGH
(b) against
Defendant(s) and
arnis ee s ,
as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows:
(Specifically describe property and note any specific direction to Sheriff) Furnish 4 copies for real estate levy):
LEVY UPON ALL PERSONAL PROPERTY OF THE ABOVE-LISTED DEFENDANT(S) AT THE ABOVE ADDRESS IN
CUMBERLAND COUNTY INCLUDING BUT NOT LIMITED TO, FURNITURE, OFFICE EQUIPMENT, JEWELRY, SUPPLIES,
ELECTRONICS, LAWN AND GARDEN EQUIPMENT, ETC.
(5) Exemption has (not) been waived.
Dated 9/25/08
Robert D. Kodak, Esquire
PO Box 11848
Harrisburg, PA 17108
(717) 238-7159
Attorney For Plaintiff(s)
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N008-3362 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due Branch Banking & Trust Co. Plaintiff (s)
From Hermeet Singh
4420 Gettysburg Rd., Apt. 3
Camp Hill, PA 17011-6612
(1) You are directed to levy upon the property of the defendant (s)and to sell Levy upon all personal
property of the above-listed defendant(s) at the above address in Cumberland County including
but not limited to furniture, office equipment, jewelry, supplies, electronics, lawn and garden
equipment. etc..
(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 $108,274.64
L.L.$.50
Interest from 8/12/08 - 9/25/08 (23.37 per diem) $958.17
Atty's Comm % $5,413.73 Due Prothy $2.00
Atty Paid $159.59
Plaintiff Paid
Date: September 26, 2008
(Seal)
REQUESTING PARTY:
Name Robert D. Kodak, Esq.
Address: P. O. Box 11848
Harrisburg, PA 17108
Attorney for: Plaintiff (s)
Telephone: (717) 238-7159
Supreme Court ID No.
Other Costs
Curtis R. Long, Prothon ary
By: or '
Deputy
S ?
t
..n
R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned STAYED, DUE TO BANKRUPTCY.
Sheriff's Costs:
Docketing $ 18.00
Poundage 2.24
Advertising 10.00
Law Library .50
Prothonotary 2.00
Milage 26.60
Surcharge 20.00
Levy 20.00
Post Pone Sale 15.00
Garnishee
Postage
?09
il? ?
?
TOTAL $ -
4.34 ?
11
Advance Costs: 150.00
Sheriff's Costs 114.34
35.66
Refunded to Atty on 11/07/09
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?/ 4
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N008-3362 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due Branch Banking & Trust Co. Plaintiff (s)
From Hermeet Singh
4420 Gettysburg Rd., Apt. 3
Camp Hill, PA 17011-6612
(1) You are directed to levy upon the property of the defendant (s)and to sell ;Levy upon all personal
property of the above-listed defendant(s) at the above address in Cumberland County including
but not limited to furniture, office equipment, jewelry, supplies, electronics, lawn and garden
equipment. etc..
(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 defendants) 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 $108,274.64
L.L.$.50
Interest from 8/12/08 - 9/25/08 (23.37 per diem) $958.17
Atty's Comm % $5,413.73 Due Prothy $2.00
Atty Paid $159.59
Plaintiff Paid
Date: September 26, 2008
(Seal)
REQUESTING PARTY:
Name Robert D. Kodak, Esq.
Address: P. O. Box 11848
Harrisburg, PA 17108
Attorney for: Plaintiff (s)
Telephone: (717) 238-7159
Supreme Court ID No.
Other Costs
•f" %e
Curtis R. Long, Pro&onotar
By:
Deputy
Chad J. Julius
The Law Offices of Leslie D. Jacobson
Attorney for the Defendant
8150 Derry Street, Ste. A
Harrisburg, PA 17111 - 5260
717.909.5858
717.909.7788 (fax)
BRANCH BANKING & TRUST CO.
Plaintiff
V.
HERMEET SINGH
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
No. 08-03362 CIVIL TERM
CIVIL ACTION - LAW
PRAECIPE TO ADD
TO THE PROTHONOTARY OF SAID COURT:
Please add the attached Discharge in Bankruptcy to the above captioned case and mark
the docket accordingly. Thank you.
Respectfully Submitted,
Dated:
THE LAW OFFICES OF LESLIEDAVID JACOBSON
Chad J. Julius, Att y fortrebtor -
Law Offices of Leklk David Jacobson
8150 Derry Street
Harrisburg, PA 17111.5260
717.909.5858
717.909.7788 [fax]
B18 (Official Form 18) (02/09)
UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT OF PENNSYLVANIA
In re: Debtor(s) (name(s) used by the debtor(s) in the last 8 years, including married, maiden, and trade):
Hermeet Singh
4420 Gettysburg Road
Apt. 3
Camp Hill, PA 17011
Chapter 7
Case No. 1:08-bk-03964-MDF
Kanwalpreet Kaur
4420 Gettysburg Road
Apt. 3
Camp Hill, PA 17011
Last four digits of Social-Security, Individual
Taxpayer-Identification, Employer Tax-Identification No(s)(if
any):
xxx-xx-3395
xxx-xx-0427
DISCHARGE OF DEBTOR(S)
It appearing that the debtor(s) is entitled to a discharge,
IT IS ORDERED:
The debtor(s) is granted a discharge under section 727 of title 11, United States Code, (the Bankruptcy Code).
BY THE COURT
Dated: May 18.2009
Mary D. France
United States Bankruptcy Judge
SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION.
This document is electronically signed and filed on the same date.
Case 1:08-bk-03964-MDF Doc 22 Filed 05/18/09 Entered 05/18/09 01:01:09 Desc
Ch 7 Discharge Page 1 of 2
818 (Official Form 18) (02/09) Continued
EXPLANATION OF BANKRUPTCY DISCHARGE
IN A CHAPTER 7 CASE
This court order grants a discharge to the person named as the debtor. It is not a dismissal of the case and it
does not determine how much money, if any, the trustee will pay to creditors.
Collection of Discharged Debts Prohibited
The discharge prohibits any attempt to collect from the debtor a debt that has been discharged. For example, a
creditor is not permitted to contact a debtor by mail, phone, or otherwise, to file or continue a lawsuit, to attach wages
or other property, or to take any other action to collect a discharged debt from the debtor. [In a case involving
community property: There are also special rules that protect certain community property owned by the debtor's
spouse, even if that spouse did not file a bankruptcy case.] A creditor who violates this order can be required to pay
damages and attorney's fees to the debtor.
However, a creditor may have the right to enforce a valid lien, such as a mortgage or security interest, against
the debtor's property after the bankruptcy, if that lien was not avoided or eliminated in the bankruptcy case. Also, a
debtor may voluntarily pay any debt that has been discharged.
The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged. Most, but
not all, types of debts are discharged if the debt existed on the date the bankruptcy case was filed. (If this case was
begun under a different chapter of the Bankruptcy Code and converted to chapter 7, the discharge applies to debts
owed when the bankruptcy case was converted.)
Debts That are Not Discharged
Some of the common types of debts which are = discharged in a chapter 7 bankruptcy case are:
a. Debts for most taxes;
b. Debts incurred to pay nondischargeable taxes;
c. Debts that are domestic support obligations;
d. Debts for most student loans;
e. Debts for most fines, penalties, forfeitures, or criminal restitution obligations;
f. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle, vessel, or aircraft
while intoxicated;
g. Some debts which were not properly listed by the debtor;
h. Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not
discharged;
i. Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement in
compliance with the Bankruptcy Code requirements for reaffirmation of debts; and
j. Debts owed to certain pension, profit sharing, stock bonus, other retirement plans, or to the Thrift Savings
Plan for federal employees for certain types of loans from these plans.
This information is only a general summary of the bankruptcy discharge. There are exceptions to these
general rules. Because the law is complicated, you may want to consult an attorney to determine the exact
effect of the discharge in this case.
Case 1:08-bk-03964-MDF Doc 22 Filed 05/18/09 Entered 05/18/09 01:01:09 Desc
Ch 7 Discharge Page 2 of 2
BRANCH BANKING & TRUST CO.
Plaintiff
V.
HERMEET SINGH
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
No. 08-03362 CIVIL TERM
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, Elizabeth Rhoades, Legal Assistant, with the Law Offices of Leslie David Jacobson,
hereby certify that I served a true and correct copy of the foregoing Discharge in Bankruptcy by
depositing the same in the U.S. Mail, First Class, postage prepaid to the following:
Mr. Robert Kodak
Kodak & Imblum
407 North Front Street
PO Box 11848
Harrisburg, PA 17108-1848
Attorney for Plaintiff
LAW OFFICES OF LESLIE D. JACOBSON
0
Dated: 6 41
By: Act& W" A,')
E ' abeth Rhoades
FILL-&- f?; r'.
OF THE
2009 JUL -6 Fill 1: 26
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