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HomeMy WebLinkAbout08-3410LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD 1 IT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ATTORNEY FOR PLAINTIFF EMC MORTGAGE CORPORATION, COURT OF COMMON PLEAS ATTORNEY-IN-FACT FOR LASALLE BANK NATIONAL ASSOCIATION, AS CIVIL DIVISION TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED CUMBERLAND COUNTY SECURITIES I LLC, ASSET BACKED- CERTIFCATES, SERIES 2006-HE2 800 STATE HIGHWAY 121 BYPASS NO. 0$ - 341D civil _term LEWISVILLE, TX 75067-4180 PLAINTIFF COMPLAINT IN MORTGAGE FORECLOSURE VS. JOHNATHAN P. BOREDELON JENNIFER A. BORDELON 1554 WILLIAMS GROVE MECHANICSBURG, PA 17055 DEFENDANTS NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 800-990-9108 4. The Mortgage secures the indebtedness of a Note executed by the Defendants on October 28, 2005 in the original principal amount of $383,900.00 payable to Plaintiff in monthly installments with an interest rate beginning at 8.25%. A copy of the Note is attached and made a part hereof as Exhibit `B'. 5. The land subject to the mortgage is 1554 Williams Grove, Mechanicsburg, PA 17055. A copy of the Legal Description is attached as part of the Mortgage as Exhibit `A' and incorporated herein. 6. The Defendants are the Record Owners of the mortgaged property located at 1554 Williams Grove, Mechanicsburg, PA 17055. 7. The Mortgage is now in default due to the failure of Defendants to make payments as they become due and owing. As a result of the default, the following amounts are due: Principal Balance $383,849.45 Interest to 5/23/2008 $23,962.99 Accumulated Late Charges $622.39 Accumulated NSF Charges $40.00 Recoverable Balance $375.43 Other Fees Due $36.95 Cost of Suit and Title Search $550.00 Attorney's Fees $1,000.00 TOTAL $410,437.21 plus interest from 5/24/2008 at $107.79 per day, costs of suit and attorney's fees. 8. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchase at Sheriffs sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 9. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a defaulting mortgagor with a Notice of Homeowners' Emergency Mortgage Assistance ("Act 91 Notice") 35 P.S. Section 1680.403c. 10. The Notice of Homeowners' Emergency Mortgage Assistance was required and Plaintiff sent the uniform notice as promulgated by the Pennsylvania Housing Finance Agency to the Defendant by regular and certified mail on January 17, 2008. A copy of the Notice is attached and made a part hereof as Exhibit `C'. 11. The Mortgage is not a residential mortgage under 41 P.S. Section 401 because the principal amount of the Mortgage is in excess of $50,000.00 and, therefore, Plaintiff was not required to send the Act 6 Notice of Intention to Foreclose. WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiffs favor and against the Defendants, in the sum of $410,437.21 together with the interest from 5/24/2008 at $107.79 per day, costs of suit and attorney's fees. Law Offices of Gregory Javardian BY: 'r Gr ory Jav rdi ttomey ID N . 55669 Attorney for Plaintiff EXHIBIT `A' i h/4,?gE?. a vv 1`'?'jJ ..lTy-p 7 09 \X J. Prepared By. FIRST GUARANTY MORTGAGE CORPORATION 5303 SPECTRUM DRIVE, SUITE D FREDERICK, MD 21703 888-295-7899 Return To: FIRST GUARANTY MORTGAGE CORPORATION 5303 SPECTRUM DRIVE, SUITE D FREDERICK, MD 21703 Parcel Number: Premises: 22-31-2156-019 1554 WILLIAMS GROVE ROAD, MECHANICSBURG. PA 17055- [Space Above This Line For Recording Data] MORTGAGE LOAN NO.: 5802509014 MIN 100031458025090144 MERS Phone: 1-888.679.6377 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3. It, 13 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Insh-ument" means this document, which Is dated OCTOBER 28, 2005 together with all Riders to this document. (B) "Borrower" is JOHNATHAN IY BORDELON AND JENNIFER A. BORDELON Iv 11. Borrower Is the M(41gagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems. Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026. Flint MI 48501-2026. tel. (888) 679-MERS. FMNSYLVANIA - Si Tgte Family -Fannie MaelFroddie Mac UNIFORM 94STRUMENT W17H MEM Form 3 3 mia /01 VMP-8A(PA) (osu) Page 1 01 18 LENDER SUPPORT SYSTEMS INC. MER58APA.NEW 104105) BKI92cPG0724 ) "Lender" Is IRST GUARANTY MORTGAGE CORPORATION Lender is a CORPORATION organized and existing under the laws of VIRGINIA Lender's address is 8180 GREENSBORO DRIVE, t?500, MCLEAN, VA 22102 (E) "Note" means i he promissory note signed by Borrower and dated OCTOBER 28, 2005 The Note states that Borrower owes Lender THREE HUNDRED _%HTY THREE THOUSAND NINE HUNDRED AND NOMOO X X X X X X X Dollars (U.S. $ 383,900.CO ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than NOVEMBER 01, 2035 (F) "Property" moans the property that is described below under the heading "Transfer of Rights in the Property." (Q) "Loan" means the debt evidenced by the Note, plus interest. any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be ex-cuted by Borrower [check box as applicable]: ® Adjustable Rue Rider Q Condominium Rider Q 1-4 Family Rider Graduated Payment Rider Q Planned Unit Development Rider Q Biweekly Payment Rider Q Balloon We- Q Rate Improvement Rider Second Home Rider Q Other(s) (spedfy) (1) "Applicable law" means all controlling applicable federal, state and local statutes, regulations, ordinances and achAnistrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable jud.dal opinions. (Y) "Community mmociation Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or Simi' ar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic Instrument, computer, or magnetic tope so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term Includes, but Is not limited to, point-of-sale transfers, automated teller machine transactions, transfers Initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items." means those items that are described in Section 3. (M) "Miscel•.laneonus Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (1) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Properly; (Ili) con ieyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condi Ion of the Property. (N) "Mortgage In nurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. ?n?a: VMP-8A(PA) (oso) Page 2 or 1e Forth 30 ro 1 Dill Un 929PGO725 (O) "Periodic payment" means the regularly scheduled amount due for (1) principal and interest under the Note, plus (ii) any w=nts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Ad (12 U.S.C. Section 2601 et seq.) and its implementing ??eegguttladon. Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used In this Security Ins xument. "RESPA" refers to all requirements and restrictions that are imposed In regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. Succenor of 11orr not that party as aa:sumed Borrowero obliga?tionsaundeer th Note and/or this Security I that has taken tide to the Property, nwhether or TRANSFER OF R IGHTS IN THE PROPERTY Ills Security Insinunent secures to Lender: (1) the repayment of the Loan, and all renewals, extensions and modifications of it a Note; and (ti) the performance of Borrower's covenants and agreements under this Security Instrumen: and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as iominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, i he following described property located in the COUNTY )Type of Recording Jurisdiction) of CUMBERLAND Name of Recording JurisdIclionl: SEE COMPLETE LEGAL DESCRIPTION DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF which currently ha: the address of 1554 WILLIAMS GROVE ROAD [Streetl MECHANICSBURG [City]. Pennsylvania 17055- [Zip Code[ ("Property Address "): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtt nances, and fixtures now or hereafter a part of the property. All replacements and additions shall also) be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests nted by Borrower in this Security Instrument, hut, if necessary to comply with law or custom, MERS Jasa nominee for Lender and Lender s successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property- and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. VMP-BA(PA) (OW2) 11w` Pays 3 of 16 Forth 300 1/01 BKI929PGO726 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to morlgi ge, grant and convey the Properly and that the Property Is unencumbered, except for encumbrances of mcord. Borrower warrants and will defend generally the title to the Property against all claims and demand;, subject to any encumbrances of record. THIS SECUPITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charge; and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid. Lender may require that any or all subsequent payments due under the Nose and this Security Instrument be made In one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, ph ovided any such check Is drawn upon an institution whose deposits are insured by a federal agency, instrumentality. or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current. without w river of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the fu tore, but Lender is not obligated to apply such payments at the time such payments are accepted. If each ?edodic Payment is applied as of Its scheduled due date, then Lender need not pay interest on unapplh:d funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance hinder the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this : ecurity Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Applicatitm of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Not:; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which It became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the ,rrincipal balance of the Note. 1 1 ' If Lender ret eives a payment from Borrower for a delinquent Periodic Payment which Includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If snore than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment VMRBA(PA) (own Pop 4 m 18 Form 30 /Ot Di1 I 921JPG0727 can be paid In full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall lie applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not Extend or postpone the due date. or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note. until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and ; ssessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At odgina- ion or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments. If any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires. shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained In this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. if Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower falls to I-ay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amoiutt and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with S xtion 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, it any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RE; PA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimate of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds Aali be held In an institution whose deposits are insured by a federal agency, Instrumentality. or entity (including Lender, If Lender is an institution whose deposits are so Insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RUSPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower Interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree In writing, however, that interest VMMAWA) (oson b r? r.y.sd,ea .: Forma trot 8K l 929I)GO728 I ? shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there Is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the a ccess funds In accordance with RESPA.: If there is a shortage of Funds held In escrow, as defined under R ESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage In accordance with RESPA, but in no more than 12 monthly payments. If time is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency In accordance with RESPA, but in no more than 12 monthly payments. Upon paymer t in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and Impositions attributable to the :'roperly which can attain priority over this Security Instrument, leasehold payments or ground rents on tht Property, if any. and Community Association Dues, Fees, and Assessments, if any. To the extent that these Items are Escrow Items, Borrower shall pay them In the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agre !s in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but onh+ so long as Borrower is performing such agreement: (b) contests the lien In good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded: or Ic) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain piiority over this Security Instrument. Lender may give Borrower a notice Identifying the lien. Within 10 dais of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards inclc ding, but not limited to, earthquakes and floods, for which Lender requires insurance. This Insurance sh-,Il be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, cer.ifrcatfon and tracking services: or (b) a one-lime charge for flood zone determination and certification Services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fives imposed by the Federal Emergency Management Agency In connection with the review of any flood zone determination resulting from an objection by Borrower. VMRBA PA (osoz) Page 6 of 16 Four 3O1101 8K 1929PGO729 .l :. If Borrower Jails to maintain any of the coverages . described above. Lender may obtain insurance coverage, at Lend pr's option and Borrower's expgnse. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower. Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of Insurance that Bon ower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate frism the date of disbursement and shall be payable, with such Interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprov; such policies, shall include a stan,(4rd:mortgage clause, and shall name Lender as mortgagee and/or .is an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Len ier requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. 11 Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof o' loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, If the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period. Lender shall have the right to hold such insurant a proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been cc mpleted to Lender's satisfaction. provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or In a series of progress payme:its as the work is completed. Unless 'an agreement is made In writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Insurance proceeds shall be applied in the order provided for In Section 2. if Borrower abandons the Property, Lender may tile, negotiate and settle any available Insurance claim and related : natters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lende' malt negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event. or If Lender acquires the Property under Section 22 or ott erwise. Borrower hereby assigns to Lender (a) Borrower's rights to any Insurance proceeds In an amwnt not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of :3orrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under f 11 insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Pr )perty. Lender may use the Insurance proceeds either to repair or restore the Property or to pay amounts ua laid under the Note or this Security Instrument, whether or not then due. VMP-GA(PA) (0502) Pays 7 of 16 FofTn 3 1101 Mw` BN 1929F-GO730 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 6) days after the execution of this Security Instrument and shall continue to occupy the Properly as Borrower's prindpal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exis which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or Impair the Property, allow the Property to deteriorate or commit waste on the Properly. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent die Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursua at to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If Insurance or condemnation pro( eels are paid in connection with damage to. or the taking of, the Properly. Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restitration. Lender or It agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the Interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior-ltispection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall'be in default If, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or Inaccurate information or statements to Lender (or failed to provide Lender with material Information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protedioo of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security lnstnrment (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Leader's interest In the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can Include, but are not limited to: (a) paying any sums secured by a lien which has prior It j over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest In the Property and/or rights under this Security Instrument, Including Its secured position in a bankruptcy proceeding. Securing the Properly Includes, but Is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, ellmir ate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Sectlon 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. VMFLBA(PA) rosoz) Pop 8 e1 78 Focrn 3o rot 8KI329PGO73I Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and iball be payable, with such interest, upon notice from Lender to Borrower requesting payment. fi s If this Security Instrument Is on a.leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgages Insurance. If Lender required Mortgage Insurance as a condition of making the Loan. Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provide d such Insurance and Borrower was required to make separately designated payments toward the premtmts for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substand dly equivalent to the Mortgage Insurance previously In effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously In effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage insurance coverage Is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the Insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance, Such loss reserve shall be non-refundable, n withstanding the fafct that the Loan 'is?aultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an Insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Morigag! Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing ::or such termination or until termination is required by Applicable Law. Nothing In this Section 10 affects Borrower's obligation to pay Interest at the rate provided In the Note. Mortgage In; urance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Bon-ower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage Insurer to make payments using any source of funds that the r mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements. Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity. c r any affiliate of any of tltc foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage insurance, in exchange for sharing or modifying the mortgage Insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to • he insurer, the arrangement Is often termed "captive reinsurance." Further: (a) Any such agreements wHI not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any outer terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. VMtzt3A(PA) psox) Asps 9 of tG Foam 30 1/01 8K i 929PC0732 a (b) Any sucb agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insuraa cc under the Homeowners Protection, Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurancc. to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignm,mt of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and Au it be paid to Lender. If the Property Is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfactiun, provided that such Inspection shall tie undertaken promptly. Lender may pay for the repairs and restoration In a single disbursement or in a series of progress payments as the work Is completed. Unless an agreement is made In writing or Applicable Law requires interest to be paid on such Miscellaneous Pro-;eeds, Lender shall not be required to pay Borrower any Interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not thear due, with the excess. If any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the orde • provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be ;applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, laid to Borrower. In the event c f a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value Is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss In value, unless Borrower,and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced Py the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, dent vc(lon. or loss In value divided by (b) the fair market value of the Property immediately before the partial ciking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event c f a partial taking, destruction, or loss In value of the Property in which the fair market value of the Property immediately before the partial taking, destruction. or loss in value is less than the amount of the sunts secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lewler otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Propel ty is abandoned by Borrower, 'or if, after notice by Lender to Borrower that the Opposing Party (a; defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after te date (he notice is given. Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Properly or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action In regard to Miscellaneous Proceeds. Borrower shall be in default If any action or proceeding. whether civil or criminal. is begun that, in Lender's fudgmeni, could result In forfeiture of the Property or other material impairment of Lender's Interest in the Properly or rights under this Security Instrument. Borrower can cure such a default and. If acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be rnKw.; VMP+BA(PA) (a---) Faye to or to Fomn " 30 1 1 A8K l 929PS0733 dismissed with a nding that, in Lender's Judgment, precludes forfeiture of the Property or other material Impairment of Len ier's Interest In the Property or rights under this Security Instrument. The proceeds of any award or clahtr for damages that are attributable to the Impairment of Lender's Interest in the Property are hereby assigned and shall be paid to Lender. All Mlscellaneous Proceeds (bat are not applied to restoration or repair of the Properly shall be applied In the order provided for In Section 2. 12. Borrowa' Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or aM- Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors m Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security instrument by reason of any demand made by the original Borrower or any S,tccessots in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Intemst of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exerd>e of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Secu sty Instrument but does not execute a Nole (a "co-signer"): (a) is co-signing (his Security Instrument only to mortgage, grant and convey tbe co-signer's interest in the Property under the terns of this Secut ity Instrument: (b) Is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to de provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument In writing, and is approved by Lender, shalt obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender a to such release In writing. The covenants and agreements of this Security Instrument shall bind except as provided in Section 20) and Imiefil the successors and assigns of Lender. 14. Loan Uarges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, properly inspection and valuation fees. In regard to any of per fees, the absence of express aatho ,ty in this Security Instrument to charge a specific fee to Borrower sh di not be construed as a prohibition or ;the charging of such fee. Lender may not charge fees that are expre: sly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally Interpreted so that the interest or other loan charges collected or to be collected In connection with the Loan exceed the permitted limits, f ien: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Tote or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to I lorrower will constitute a waiver of any4right of action Borrower might have arising out of such overcharge. #? -.. 15. Notices. All notices given by Borrower or Leker in connection with this Security Instrument must be in writing Any notice to Borrower in connection with this Security Instrument shall be deemed to VMP-GA(PfA) moz n.9. 11 or is Form 30 30 1/01 U11 . have been given to Borrower when mailed by flat.class;rnW. or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. Ile notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender Stall be given by delivering it or by mailing It by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with th s Security Instrument shall not be deemed to have been given to Lender until actually received by Lende:•. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governuag Law; Severability; Rules of Construction. This Security Instrument shall be governed by federd law and the law of the jurisdiction in which the Property is located. All rights and obligations contair ed in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or: implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in f ds Security Instrument: (a) words of the masculine gender shall mean and include corresponding newer words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Bene&W,Inter*q in Borrower. As used in this Section 18, "Interest in the Prcperty means any legal or beneficial )nli in the Property, including, but not limited to, those beneficial Interests transferred In a bond for deers` contract for deed, installment sales contract or escrow agreement, the Intent of which is the transfer of titre by Borrower at a future date to a purchaser. If all or any I art of the Property or any Interest in the Property is sold or transferred (or If Borrower is not a natural pet son and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent. Lender may require immediate payment in full of all sums secured by this Security Instrument. Howe-rer, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period o' not less than 30 days from the date the notice is given in accordance with Section 1S within which Borr )wer must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period. Lender may Invoke any remedies permitted by this Security Instrumen : without further notice or demand on Borrower. 19. Borrower's Rigbt to Reinstate After Acceleration. If Borrower meets certain conditions. Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained In this Security lnstntment; (b) such other period as'Applicable Law might specify for the termination of Borrower's right i o reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are thaw Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or VMP-6A(PA) (osw) Pap rz or IS Form 30 1/01 SK ! 929PGO735 agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's Interest in the Property and rights under this Security Instrument; and (d) takes such action ;s Lender may reasonably require to assure that Lender's Interest in the Property and rights under this S.-curity Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, batik check, treasurer's check or cashier's check, provided any such check is drawn upon an Institution whose deposits are Insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occiirred. However, this right to reinstate shall not apply In the case of acceleration under Section 1S. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change In the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more chang:s of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Services-, the address to which payments should be made and any other information RESPA requires in coanection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided:by the Note purchaser. Neither Born wer nor Lender may commence, join,: or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrumen: or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Sec irity Instrument, until such Borrower or Lender has notified the other party (with such notice given In compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section IS shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21, Hazardous Substances. As used in this Sec46t 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, tordc pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environments: Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, si fety or environmental protection: (c) "Environmental Cleanup" includes any response action, remedial ar tion, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. u,ar? q? vtm;sAiwal rosM Vag 130(,6 Form 30 trot 1 8K ! 929P,;0 736 Borrower steal I not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or thre ilea to release any Hazardous Substances, on or In the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law. (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substan •e, creates a condition that adversely affects the value of the Property. 'The preceding two sentences shall not apply to the PPresence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to. be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by my governmental or regulatory agency or private party involving the Properly and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hat ardour Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substan:e which adversely affects the value of the Property. If Borrower learns, or Is notified by any government al or regulatory authority, or any private party, that any removal or other remediation of any Hazardous ? ubstance affecting the Property Is necessary, Borrower shall promptly take all necessary remedial actions it accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Envi ronmental Cleanup. NONUNIFO RM COVENANT'S. Borrower and Lender further covenant and agree as follows: 22. Accoleration; Remedies. Leader shall give notice to Borrower prior to acceleration following Borrower's bread it of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, amo ig other things: (a) the default; (b) the action required to cure the defaah; (c) when the default must be cared; and (d) that failure to cure the default as specified may result in acceleration of this sums secured by this Security Instrument, foreclaaure by judicial proceeding and sale of the Proper.y. Leader shag farther inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceed ng the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. Iftho default is not cured as specified, Lender at its option may reluire immediate payment in fall of all sums secured by this Security Instrument without further d-tmand and may fireclose this Security Instrument by judicial pioce eftg. Lender shall be entitled to collect all expenses incurr ad in pursuing the remedies providVn this Section 22, including, but no: limited to, attorneys' fees and casts of We evidence to the extent permitted by Applicable Law. 23. Release. Jpon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence. Lender shall discharge and satisfy this Security Instrument. Borrower shall' pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument',' but only if the fee is paid to a third party for services rendered and the charging of the fee 1s permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedi igs to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time. exemption from attachment, levy and sale, and homestead exe aption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument Is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower`agree?,I?h I the interest rate payable after a Judgment is entered on the No, a or in an action of mortgage forecl%re shall be the rate payable from t me to time under the Note. ra VMP -SA(PA) (=2) Pager 16 of 16 Form 30 1101 $K 192`-?PG0737 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained In this Security Instrument and in any Rider executed by Borrower and recorded with ft. Witnesses: E-1 `rte `_--- -Witness -wits JOHNA ?(f X901 t?l 1L (Seal) -Borrower P P. 1, Ar" lwk4 Seal) ENNFM A. KHMELON -Borrower (Seal) Borrower (Seal) -Borrower (Seal) (Seal) -Bomwer -Borrower (Seal) (Seal) -Borrower -Borrower VMFLSA(POA) (osw) Pegs is of 16 (Sign Original Only) Form 3038 1101 011 qn 1 929FG0738 COMMONWEALTH OF PENNSYLVANIA, On this, the 28th day of October, 2005 undersigned offices, personally appeared JOHNATHAN A. B 3RDELON AND JENNIFER A. BORDELON Franklin County aa: . before me, the known to me (or satisfactorily proof n) to be the person(s) whose name(s) lWare subscribed to the within instrument and acknowledged that EieOWthey executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission E.-spires: NOTARIAL SEAL ?t?,L,E l FAUST tjohmy Public tip F UN COUNTY ires N 0 201)8 Exp Fmy ? CSI Notary Public Title of Officer Certificate of Residence I, Dawn E. Monn , do hereby testify that the correct address of the within-named Mortgagee B P.O. Y Box 2026. Flint, MI 48501-2026. Witness my hand this 28th day of October, 2005 Dawn E. Monn Agent of Mortgagee VMP-GA(PA) (osoz) Paps is ar le ww Ca' Form 303 /01 Dil U111929P60739 c EXHIBIT "A" - LEGAL DESCRIPTION Borrower: Johna:han P. Bordelon and Lender: First Guaranty Mortgage Corp. Jennifer A. Bordelon 1554'Williams Grove Road Mechanicsburg, PA 17055 ALL that certain tract or parcel of land situate in Monroe Township, Cumberland County, Pennsylvania, mon! particularly bounded and described as follows: BEGINNING at a point in the center of public road leading from Williams Grove Park to the 1) & M Junction, which point is South 61 degrees 34 minutes West 227.9 feet from a point in the center of the bridge over the Yellow Breeches Creek., said point is also at the western end of a bridge leading over the Mill Race, and at line of other land r.ow or formerly of Roy E. Richwine, Jr.; thence by the center of the said public road, South 68 degrees 42 minutes West 662 feet to a point; thence by the same, South 55 degrees 53 minutes West 250.2 feet to a point at the western right-of- way line of the Dillsburg and Mechanicsburg Railroad; thence by said right-of-way line, North 22 degrees 23 minutes East 1,026 feet to a point; thence by land now or formerly of Roy E. Richwine, Jr., South 31 degrees 45 minutes East 176.5 feet to a point; thence by same, South 48 degrees 45 minutes East 171 feet to a point; thence by the same, South 66 degrees 53 minutes East 171.6 feet to a point; thence by same, South 14 de grees East 242.1 feet to a point in the center of the aforementioned public road, the puce of BEGINNING. CONTAINING 7.1 acres. BEING the; same real estate conveyed to Johnathan P. Bordelon and Jennifer A. Bordelon, husband and wife, by deed of Arthur T. Nielson, widower, dated June 21, 2005 and intended to be recorded immediat--ly prior to the recording of this mortgage. 8K 19291'G0740 1*1 < < ' N After Recording Ruturn To: FIRST GUARANTY MORTGAGE CORPORATION 5303 SPECTRUM )RIVE, SUITE D FREDERICK, MD 21703 Prepared By: FIRST GUARANTY MORTGAGE CORPORATION 5303 SPECTRUM 3RNE, SUITE D FREDERICK, MD ::1703 888.295.7899 [Space Above This Line For Recording Data] LOAN NO.: 5802509014 MIN: 100031456025090144 MERS Phone: 1-888-679-6377 InterestOnly ADJUSTABLE RATE RIDER (Six-Month LIBOR Index (As Published in The Wall Street Iournal) - Rate Caps) THIS InterestOnly ADJUSTABLE RATE RIDER is made this 28th day of OCTOBER, 2005 and Is incorporated into and shall be deemed to amend and. supplement the Mortgage, Deed of Trust, or Deed to Secure Debt ((he "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to FIRST GUARANTY MORTGAGE CORPORATION (the "Lender") of the same date and covering the property described in the Security Instrument and located at: 1554 WILLIAMS GROVE ROAD, MECHANICSBURG, PA 17055- [Property Address] THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borroi ter and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note prov ides for an initial interest rate of 8.250 %. The Note provides for changes In the interest rate an,I the monthly payments, as follows: COW '89C•ARM Rider k*kk FE4279 p41o) Pipe 1 of 4 LENDER SUPPORT SYSTEMS. INC. COU-4270. s) IT' EK 1929PG074 I t' /, L 6 4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay will change on the first day of NOVEMBER, 2007 , and on that day every sixth month iereafter. Each date on which my interest rate could change Is called a "Change Date." (B) The Index Beginning witii the first Change Date, my interest rats will be based on an Index. The "Index" is the average of interbaidc offered rates for six month U.S. dollar-denominated deposits In the London market ("LIBOR"), as published in 'the Wall Street Journal. The most recent Index figure available as of the date 45 days before the Change Date is called the "Current Index." If the Index I: no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding SEVEN AND ONE QUARTER percentage points ( 7.250 %) to the Current Inds x. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated In Section 4(D) below, this rounded amount will be my new Int arest rate until the next Change Date. The Note Hol ler will then determine the amount of the monthly payment that would be sufficient to repay the unpaid p incipal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate hi substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 11.250 `5 or less than 7.250 %. Thereafter, my interest rate will never be Increased or decreased on any single Change Date by more than ONE AND 000/1000THS percentage point(s) ( 1.000 %) from the rate of interest I have been paying for the preceding six months. My interest rate will rimer be greater than 14.250 % or less than 7.250 %. (E) Effective : )ate of Changes My new intemst rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of wages Before the effective date of any change In my Interest rate and/or monthly payment, the Note Holder will deliver or mail to me a notice of such change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. cow •ecAaM R+ea F64279 (04101 pope 2 or 4 EIK 1929PGO742 .y. IW ¦ - 4 ... (0) Date of First Principal and Interest Payment The date of my first payment consisting of both principal and interest on this Note (the "First Principal and Interest Payment Due Date") shall be the first monthly payment date after NOVEMBER 01, 2010 . s (B) TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Cove.ant 18 of the Security Instrument is amended to read as follows: Trans fer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest i.i the Property" means any legal or beneficial interest in the Property, including. but not limited to, those beneficial interests transferred In a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a Future date to a purchaser. If all )r any part of the Property or any Interest, in the Property is sold or transferred (or If a Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender If such exercis: is prohibited by Applicable Law. If Lender exercises the option to require immediate payment in full. Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the lattice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of tits period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. <xNv OW,MM MdK FE-4279 poo) Pop 3 of 4 6* ;A# 9KI929PG0743 A. ??) Seal) -Barrowrr rLWUMELRA. -Borrower ic-al) (Seal) -Borrower -Borrower lSeal) ??!) -Borrower -Borrower Sea1) (Seal) -Borrower -Borrower CONY *W-ARM Wor FE 4278 (o4ie) P"s 4 or 4 I Certify this to be recorded in Cumberland County PA U-1 OKI929PG0744 EXHIBIT `B' V InterestOnly ADJUSTABLE RATE NOTE (Six Month LIBOR Index (As Published in The 1%/1 Street lournah - Rate Caps) . LOAN NO.: 5802509014 MIN: 100031458025090144 ME RS Rhone: 1.888.879.8377 4. THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST, RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE 1 MUST PAY. OCTOeBt 28, 2005 WAYNESBORO PMNSYLVANiA 1Datel ICtty IStatel 1554 WN JAMS GROVE RDAD, MSCHANICSOUR0, PA 17055- tProperty Addmsl 1.. BORROWER' S PROMISE TO PAY In return for a loan that I have received, I promise. to pay U.S. $ 383.900.00 (this 'amount is called "Principal"), plus interest, to the order of Lender. Lender is ' FlRST GUARANTY MORTGAGE CORPORATION 1 will make all payments under this Note in the form of cash, check or money order. I understand that Lender may trannsfer this Mote. Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2.. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid.: I• will pay interest at a yearly rate of 8.250 96. The interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note Is the rate I will pay both before and after any default described In Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will make a payment on the 1st day of every.month, beginning on DE CEMNA 2005. ; Before the First Principal and Interest Payment Due Date as described In Section 4 of this Nate, my payment will consist only of the interest due on the unpaid principal balance of this Note. Thereafter. I will pay principal and, interest by making a payment every mouth as provided below. I will make my monthly payments of principal and interest beginning on the First Principal and Interest Payment -Due Date as described in Section 4 of this Note. I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date, and if the payment includes both principal and Interest, it will be applied to interest before Principal. If, on NOVE NDER 01. 2035 I still owe amounts under this Note, I will-pay those amounts in full on that date. which Is called the "Maturity Date." I will make my monthly payments at RRST GtW%hNTY MORTGAGE CORPORATION 8180 GRF.9NSOM DRIVE #500. MCLEAN. VA 22102 or at a different place If required by the Note Holder. (B) Amount of My Initial Monthly Payments My initial monthly payment will be in the amount of U.S. $ 2,839.31 before the First Principal and Interest Payment Due Date, thereafter it will be in an amount sufficient to repay the principal and interest at the rate determined as described in Section 4 of this Note in substantially equal Installments by the Maturity Date. The Note Holder will notify me prior to the date of change in monthly payment. cow 08C- tiru.? (/7 FE-4278 (Mtol Pap I of 5 LENDER SUPPORT SYSTEMS. INC. COU•4276.COU (03106) (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new Interest rate and the changed amount of my monthly payment in accordance with Section 4. of this Note. . 4. ADIUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The initial fixed interest rate I will pay win change to an adjustable interest rate on the first day of NOVEMSE , 2007 , and the adjustable interest rate I will pay may change on that day every sixth month thereafter. The date on which my Initial fixed Interest rate changes.. to an adjustable Interest rate, and each date on which my adjustable Interest rate could change, is called a "Change Dte." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index"'is the average of interbank offered rates for six month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The W511 Street Journal. The most recent Index figure available as of the date 45 days before the.Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will, choose a new index that is based .upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest ! rate by adding SEVEN AND ONE QUARTER percentage points ( : 7.250 %) to the Current Index, i The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated In Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. ' The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits an Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than .1 1.250 % ,or less than 7.250 96. Thereafter, my Interest rate will never be Increased or decreased on any single Change Date by more than ONE AND 00011000THS , percentage point(s) ( 1.0Q0 • %) from the rate of interest I have been paying for the preceding 'six months, My interest rate will never be greater than 14.250 % or less than 7.250 9(,, (B) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount' of " my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of"my-monthly payment changes again. (F) Notice of Changes Before the effective date of any change in my interest rate and/or monthly payment, the Note Holder will deliver or mail to me a notice of such change. The notice will Include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice.' (G) Date of First Principal and Interest Payment The date of my first payment consisting of both principal and interest on this Note (the-"First Principal and Interest Payment Due Date") shall be the first monthly payment date after NOVERABER01, 2090 - 5.. BORROWER'S RIGHT TO PREPAY , . I have the right to make payments of Principal at any time before they are due. A prepayment of all the unpaid principal is known as a "Full Prepayment." A prepayment of only part of the unpaid principal is known as a "Partial Prepayment." -cowV 06GApM Kweat0"ly Note F64278 p4l of Pans 2 of 5 • r If I make a Partial Prepayment equal to one or more of my'monddy payments, my due date may be advanced no more than one month. If I make any other Partial Prepayment, 1 :must still make each later payment as'lt becomes due and in the same amount. I may make a Full or a Partial Prepayment at any time. 0 If this box Is checked, no prepayment penalty will be charged on this loan. ' r ® If this box Is checked, I have selected a loan.'which has a prepayment penalty. The Prepayment Penalty Addendum attached hereto and made a part hereof deftnes the terms of the prepayment penalty. I understand that by agreeing to pay a prepayment penalty I acknowledge that my interest rate and/or fees are lower than they would be without a prepayment penalty. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges. is finally lnterpreted so that the Interest or other loan charges collected or to be collected In. connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me that exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund 'reduces Principal, the reduction will be treated as a partial Prepayment. 7.' BORROWER' S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date It is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5-DOO % of.my overdue payment of interest, during the period when my payment is Interest only, and of principal and Interest thereafter. I will pay this late charge promptly but only once on each late payment. (B) Default ?•+ If I do not pay the full amount of each monthly payment ha the date It is due, I will be in default. (C) Notice of Default If I am In default, the Note Holder may send tae a written notice telling me that if I do not, pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal that has not been paid and all the interest that I owe on that amount.' That date must be at least 30 days after the date on which the notice Is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am In default at a later time. (E) Payment of Note Holder's Costs and Expenses: If the Note Holder has required me to pay immedlately In full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses In enforcing this Note to the extent not prohibited by applicable law. Tbose expenses include, for example, reasonable attorneys' fees. a.' GIVING OF NOTICES " Unless applicable law requires a different method, "any notice that must be given to me under this Note will be given by delivering it or by nailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3W above or at a different address If I am given a notice of that different address. COW , •ec-Nw MtrastWy Notes F64278 (o4lor P.Q.3 of 5 Yaleh 1 .l j 9.- OBLIGATIONS OF PERSONS UNDER TEIIS NOTE { If more than one person sagas this Note, each person is fully and personally obligated to keep;all of the promises ; made in this Note, Including the promise to pay the full amount owed. Any person who Is a guarantor; surety or endorser of this Note Is also obligated to do these things. Any person who takes over these obligations, including the obligations "of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. • is 10. WAIVERS ; •• I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts:due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts ;due have not been paid. 11. SECURED NOTE In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from.possible losses that might result if I do not keep the promises that I make in this Note. That Security Instrument describes how and under what conditions I may be required to make Immediate payment In full of all amounts I owe under this Note. Some of those conditions read as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a bene8dal interest In Borrower Is sold or transferred), without Lender's prior written consent, Lender may require Immediate payment is full of an sums secured by this Security Instrument. However, this option shall not be exercised by Lender U such exercise is prohibited by Applicable Law. If Leader exercises this option, Lender shall give Borrower notice of acceleration.'. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Leader may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. cony OW,ARIM htwesWnly mote FE-4278 pooh I WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. N ? seal) p n,, -Borrower JBd (F8t -B«mwCr .. rs?,,,) .. rsean -Borrower ' • .Borrower (Seal) , (Seal) -Borrower -Borrower Seal) -Borrower -Borrower [Sign original only] E MIN: 100031458025090144 LOAN NO. `5802509014 MEFtS Phone: 1-8884794377 PREPAYMENT NOTE ADDENDUM This Prepayment Note Addendum Is made this 28th day of OCTOIM 2005 and is incorporated Into and shall be deemed to amend and supplement the Note of the same date (the "Note") made by the undersigned (the "Borrower") to evidence indebtedness to FRST GUARAMY MORTGAGE COtiPMTION (the "Leader"), which debt is secured by a Mortgage or Deed of Trust or comparable security instrument {the` "Security Instrument") of the same date and covering the property described In the Security Instrument.and located at 1554 WIWAM8 GROVE ROAD, MW ANICSWFA PA 17055- (the."Property"). Additional Covenants. Notwithstanding anything to the contrary set forth in the- Note or Security Instrument, Borrower and Lender covenant, and agree, that the provisions of the -section of the Note entitled "BORROWER'S RIGHT TO PREPAY" or "BORROWER'S PAYMENTS BEFORE THEY ARE DUE" are amended to read as follows: If borrower(s) makes r ayment of this loan during the first 24 months of -the Note term beginning on the date tphe Secnrlty Instrument Is executed, Borrower(s) will pay a prepayment charge in the amount of six ( 8 ) months' .advanced interest on the amount by which the aggregate prepayments made within any consecutive twelve-month period exceed twenty percent (20%yof the original principal amount of the Note. No Prepayment charge will be assessed for any Prepayment occurring after the Penalty Period. Notwithstanding the foregoing, in the event of a full prepayment concurrent with :a bona fide sale of the Property to an unrelated third party, no prepayment penalty will be assessed. In that event, I agree to provide the Note Holder with evidence acceptable to the Note Holder of such sale. All other provisions of the Note are unchanged and remain in full force and effect. NOTICE TO BORROWER: Do not sign this Addendum before you read, it. This Addendum provides for the payment of a prepayment charge if you wish to repay the loan prior to the date provided for repayment in the Note. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED: JOFINA AN X BO DELON (Seal) (Seal) P. .Borrower.: J NIFJtR A. D ON -Borrower (Seal). i. (mil) -Borrower 'Borrower LENDER SUPPORT SYSTEMS INC. FGWP.PI.FGM (04/04) EXHIBIT ` 9 EMC Mortgage Corporation January 17, 2008 7104 5400 2100 1576 2700 110 0 0 1 2 9 0 5 4 8 Johnathan A Bordelon 1554 Williams Grove Rd Mechanicsburg, PA 17055-5338 ACT I ROM NTOORSAVECLOSUYORUR TAOME F This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. IMPORTANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The Homeowners' Emergency Mortgage Assistance Program (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can help you, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the counseling agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice. If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (persons with impaired hearing can call 717-780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. La Notificaion en adjunto es de suma importancia, pues afecta su derecho a continuer viviendo en su casa. Si no comprende el contenido de esta notificion obtenga una traduccion immediatamente Ilamando esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes ser elegible para un prestamo por el programa Ilamado "Homeowners' Emergency Mortgage Assistance Program" al cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCOUNT NUMBER: CURRENT SERVICER Johnathan A Bordelon 1554 Williams Grove Rd Mechanicsburg, PA 17055-5338 0013238191 EMC Mortgage Corporation Page two HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM 0013238191 You may be eligible for financial assistance which can save your home from foreclosure and help you make future mortgage payments if you comply with the provision of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency mortgage assistance: If your default has been caused by circumstances beyond your control, if you have a reasonable prospect of being able to pay your mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. This meeting must occur within the next thirty (30) days. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which your property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise this lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowners' Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date): NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 1554 Williams Grove Rd Mechanicsburg, PA 17055-5338 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments from 10/01/2007: $15,033.46 (b) Late charge(s): $622.39 (c) Other charge(s): NSF and Advances $148.90 (d) Less: Credit Balance $0.00 (e) Total amount required as of 01/16/2008: $15,804.75 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable): HOW TO CURE THE DEFAULT - You may cure this default within THIRTY (30) DAYS from the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS $15,804.75, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable to EMC Mortgage Corporation at Po Box 660530 Dallas, TX 75266-0530. Page three 0013238191 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of date of this Notice, the lender intends to exercise its right to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, EMC Mortgage Corporation also intends to instruct their attorneys to start a legal action to foreclose upon your mortgaged property IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before they begin legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they are over $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorneys' fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance, and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due plus any late or other charges, charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such Sheriffs Sale of the mortgaged proprty could be held would be approximately five (5) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER Name of Lender: EMC Mortgage Corporation Address: Po Box 660530 Dallas, TX 75266-0530 Telephone Number: 1-888-609-2379 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furniture and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorneys' fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT To sell the property to obtain money to pay off the mortgage debt, or to borrow money from another lending institution to pay off this debt. ° To have this default cured by any third party acting on your behalf. To have the mortgage restored to the same position as if no default had occurred. (However, you do not have this right to cure your default more than three times in any calendar year). To assert the nonexistence of a default in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents. To assert any other defense you believe you may have to such action by the lender. ° To seek protection under the federal bankruptcy law. Page four 0013238191 EMC Mortgage Corporation is attempting to collect a debt, and any information obtained will be used for that purpose Federal law gives you thirty days after you receive this letter to dispute the validity of this debt or any part of it. Unless you dispute the debt within that 30 day period, we will assume that it is valid. If you notify us in writing at the address above within the thirty day period that the debt, or any portion thereof, is disputed, we will: 1) Provide to you verification of the debt or a copy of any judgment entered against you. 2) Provide to you the name and address of your original creditor, if the original creditor is different from the current creditor. Sincerely, EMC Mortgage Corporation EMC Mortgage Corporation Po Box 660530 Dallas, TX 75266-0530, 1-888-609-2379 Appendix B Consumer Credit Counseling Agency Notification To: Date Name of Mortgagee: Address: In accordance with the Pennslyvania Homeowner's Emergency Mortgage Assistance Program (Act 91 of 1983), we have been approached for mortgage counseling assistance by: Name of Applicant Address Telephone Number Mortgage Loan Number Address of property on which mortgage is in default, If different from above. The counseling agency met with the above named applicant on Date Who have indicated that they are more than sixty (60) days delinquent on their mortgage payments and have received notification to foreclosure from: Name and Address of Mortgage In accordance with the Homeowner's Emergency Mortgage Assistance Program, this is to inform you that: 1. If the delinquency cannot be resolved with in the 30 day forbearance period as provided by the Servicer, the applicant listed above may apply to the Pennsylvania Housing Finance Agency for Homeowner's Emergency Mortgage Assistance. 2. By a copy of this Notice, we are notifying all other mortgagees, if any, which the applicant has indicated as also having a mortgage on the property identified above. 3. It is our understanding that the 30 day forbearance period in which we are now in ends on 4. No legal action to enforce the mortgage may occur during this forbearance period, unless procedural time limits were not met by the homeowner. Indicates Counties Serviced Acorn Housing Corporation Americon Financial Counseling Services 846 North Broad Street 1 Abington Plaza, Suite 403 Philadelphia, PA 19130 Old York Road and Township Line (215) 765-1221 Jenkintown, PA 19046 `Bucks, Chester, Delaware, Montgomery, (800) 490-3039 Philadelphia 'Delaware, Montgomery Action Housing Inc American Financial Counseling Services 425 6th Avenue, Suite 950 175 Strafford Avenue, Suite One Pittsburgh, PA 15219 Wayne, PA 19087 (412) 281-2102 800) 490-3039 'Allegheny, Beaver, Butler, Fayette, Greene, 'Bucks, Chester, Delaware, Mongomery, Washington, Westmoreland Philadelphia Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (717) 334-1518 'Adams, Cumberland, Franklin, York American Financial Counseling Services 906 Penn Avenue Wyomissing, PA 19610 (610) 780-0680 "Becks Advocates for Financial Independence 1806 S Broad Street, Suite 1 B Philadelphia, PA 19145 (215) 389-2810 'Philadelphia Allegheny County Acorn 5907 Penn Avenue, Suite 300 Pittsburgh, PA 15206 (412) 441-6551 'Allegheny American Credit Counseling Institute 21 S Church Street West Chester, PA 19380 (888) 212-6741 'Chester American Credit Counseling Institute 300 North Pottstown Pike, Suite 210 Exton, PA 19341 (888) 212-6741 'Berks, Bucks, Montgomery American Credit Couseling Institute 528 Dekalb Street Norristown, PA 19401 (610) 971-2210 'Montgomery American Credit Counseling Institute 530 W Street Road, Suite 201 Warminster, PA 18974 (215) 444-9429 'Bucks, Montgomery, Philadelphia American Credit Counseling Institute 845 Coates Street Coatesville, PA 19320 (888) 212-6741 'Bucks, Chester, Montgomery, Philadelphia American Credit Counseling Institute 937 North Hanover Street Pottstown, PA 19460 (888) 212-6741 'Berks, Bucks, Montgomery American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 `Adams, Franklin, York American Red Cross of Chester 1729 Edgemont Avenue Chester, PA 19013 (610) 874-1484 'Chester, Delaware APM 2147 Norht Sixth Street Philadelphia, PA 19122 (215) 235-6788 'Chester, Delaware, Philadelphia Armstrong CO Community Action Agency 124 Armsdale Road, Suite 211 Kittanning, PA 16201 (724) 548-3405 'Armstrong Blair County Community Action Agency 2100 6th Avenue, Suite 102 P.O. Box 1833 Altoona, PA 16602 (814) 946-3651 'Blair) Booker T. Washington Center 1720 Holland Street Erie, PA 16503 (814) 453-5744 'Crawford, Erie, Warren Bucks County Housing Group 200 West Bridge Street Morrisville, PA 19067 (866) 866-0280 'Bucks Bucks County Housing Group 2324 Second Street Pike, Suite 17 Wrightstown, PA 18940 (866) 866-0280 'Bucks Bucks County Housing Group 349 Durham Road Penndel, PA 19047 (866) 866-0280 'Bucks Bucks County Housing Group 470 Old Dublin Pike Doylestown, PA 18901 (866) 866-0280 'Bucks Bucks County Housing Group 515 West End Blvd Quakertown, PA 18951 (866) 866-0280 'Bucks Budget Counseling Center 247 North Fifth Street Reading, PA 19601 (610) 375-7866 'Becks, Chester, Schuylkill Carroll Park Community Council, Inc. 5218 Master Street Philadelphia, PA 19131 (215) 877-1157 'Chester, Delaware, Philadelphia CCCS of Delaware Valley 1230 New Rodgers Road, Suite F1 Bristol, PA 19007 (215) 563-5665 'Bucks CCCS of Delaware Valley 1515 Market Street, Suite 1325 Philadelphia, PA 19107 (215) 563-5665 'Bucks, Delaware, Montgomery, Philadelphia CCCS of Delaware Valley 1777 Sentry Parkway W, Suite 200 Blue Bell, PA 19422 (215) 563-5665 'Montgomery CCCS of Delaware Valley 280 North Providence Road Media, PA 19063 (215) 563-5665 'Delaware CCCS of Delaware Valley Marshal Building 790 E Market St, Suite 170 West Chester, PA 19382 (215) 563-5665 'Chester, Delaware CCCS of Delaware Valley Catholic Social Services Building 7340 Jackson Street Philadelphia, PA 19136 (215) 563-5665 'Bucks, Philadelphia CCCS of Delaware Valley One Cherry Hill, Suite 215 Cherry Hill, PA 08002 (215) 563-5665 'Philadelphia CCCS of Lehigh Valley 3671 Crescent Court East Whitehall, PA 18052 (610) 821-4011 `Berks, Bucks, Carbon, Lancaster, Lehigh, Northhampton, Schuylkill " Indicates Counties Serviced CCCS of Northeastern PA 1400 Abington Exec. Park, Suite 1 Clarks Summitt, PA 18411 (570) 587-9163 'Carbon, Columbia, Lackawanna Lycoming, Monroe, Montour, Northumberland, Pike, Sullivan, Tioga, Union, Wayne, Wyoming CCCS of Northeastern PA 201 Basin Street, Suite 6 Williamsport, PA 17701 (570) 323-6627 "Centre, Clinton, Lycoming, Northumberland Union CCCS of Northeastern PA 202 W Hamilton Avenue State College, PA 16801 (814) 238-3668 'Blair, Centre, Clearfield, Clinton, Huntingdon, Juniata, Mifflin CCCS of Northeastern PA 401 Laurel Street Pittston, PA 18640 (570) 602-2227 'Bradford, Carbon, Columbia, Lackawanna, Lycoming, Monroe, Montour, Northumberland, Pike, Sullivan, Tioga, Union, Wayne, Wyoming CCCS of Northeastern PA 411 Main Street, Suite 104 Stroudsburg, PA 18360 (570) 420-8980 'Bradford, Carbon, Monroe, Pike, Wayne CCCS of Western PA 1 North Gate Square #2 Garden Center Dr Greensburg, PA 15601 (888) 511-2227 'Fayette, Greene, Indiana, Somerset, Washington, Westmoreland QCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 (888) 511-2227 'Adams, Cumberland, Dauphin, Franklin, Perry, Synder, York CCCS of Western PA 219-A College Park Plaza Johnstown, PA 15904 (888) 511-2227 `Cambria, Clearfield, Indiana, Somerset CCCS of Western PA 312 Chestnut Street, Suite 227 Meadville, PA 16335 (1388) 511-2227 'Lawrence CCCS of Western PA 41 East Chestnut Street Washington, PA 15301 (888) 511-2227 'Washington CCCS of Western PA 4402 Peach Street Erie, PA 16509 (888) 511-2227 'Crawford, Erie, Warren CCCS of Western PA 524 Franklin Avenue Aliquippa, PA 15001 (888) 511-2227 'Cameron CCCS of Western PA 917 A Logan Boulevard Altoona, PA 16602 (888) 511-2227 'Armstrong, Bedford, Blair, Cambria, Centre, Clearfield, Huntingdon, Juniata, Mifflin, Union CCCS of Western PA 971 Third Street Beaver, PA 15009 (888) 511-2227 'Beaver CCCS of Western PA Colonial Shopping Center 970 S George Street York, PA 17403 (888) 511-2227 `Franklin, Fulton, Lancaster, York CCCS of Western PA Pullman Commerce Center 112 Hollywood Dr Butler, PA 16001 (888) 511-2227 'Butler, Clarion, Jefferson, Mercer, Venango CCCS of Western PA River Park Commons 2403 Sidney Street Pittsburgh, PA 15203 (888) 511-2227 'Allegheny Chester Community Improvement Project 412 Avenue of the States P.O. Box 541 Chester, PA 19016 (610) 876-8663 'Chester, Delaware, Montgomery, Philadelphia Comm. On Econ Opportunity of Luzeme Co. 163 Amber Lane Wilkes-Barre, PA 18702 (570) 826-0510 'Carbon, Luzeme, Schuylkill, Wyoming Community Action Commission of Capital Region 1514 Deny Street Harrisburg, PA 17094 `Cumberland, Dauphin, Franklin, Perry, Synder Community Action Committee of the Lehigh Valley 1337 East Fifth Street Bethlehem, PA 18015 (610) 691-5620 'Berks, Carbon, Lehigh, Monroe. Northhampton Community Action Development Comm - CADCOM 113 E Main Street Norristown, PA 19401 (610) 277-6363 'Montgomery Community Action Southwest 150 W Beau Street, Suite 304 Washington, PA 15301 (724) 225-9550 `Washington Community Action Southwest 58 E Greene Street Waynesburg, PA 15370 (724) 852-2893 'Allegheny, Fayette, Greene, Washington, Westmoreland Congreso 216 West Somerset Street Philadelphia, PA 19133 (215) 763-8870 'Philadelphia Council of Spanish Speaking Organization 705-09 North Franklin St Philadelphia, PA 19123 (215) 627-3100 'Philadelphia Diversified Community Service Dixon House 1920 South 20th Street Philadelphia, PA 19145 (215) 336-3511 'Bucks, Chester, Delaware, Philadelphia Fair Housing Partnership of Greater Pittsburgh, Inc. 2840 Liberity Ave., Suite 205 Pittsburgh, PA 15222 (412) 391-2535 'Allegheny Fayette Co. Community Action Agency Inc 137 North Beeson Avenue Uniontown, PA 15401 (724) 437-6050 'Fayette, Somerset FOB CDC 1201 West Only Avenue Philadelphia, PA 19141 (215) 549-8755 `Bucks, Chester, Delaware, Philadelphia Frankford CDC 4625 Frankford Avenue, 2nd Floor Philadelphia, PA 19124 (215) 743-9201 `Philadelphia Garfield Jubilee Associates 5138 Penn Avenue Pittsburgh, PA 15224 (412) 665-5200 'Allegheny Germandtown Settlement 5538 Wayne Avenue Bldg C Philadelphia, PA 19144 (215) 849-3104 'Bucks, Chester, Delaware, Montgomery, Philadelphia * Indicates Counties Serviced Greater Erie Commun. Action Committee 18 West 9th Street Erie, PA 16501 (814) 459-4581 *Crawford, Erie, Venango, Warren Koren Comm. Develop. Services Center 6055 Norht 5th Street Philadelphia, PA 19120 (215) 276-8830 'Philadelphia New Life Comm. Housing Devel Corp. 712 Hawkins Avenue Braddock, PA 15104 (412) 351-4077 *Allegheny, Washington, Westmoreland HACE 167 W Allegheny Ave., 2nd Floor Philadelphia, PA 19140 (215) 426-8025 'Bucks, Chester, Delaware, Philadelphia Housing Alliance of York 35 South Duke Street York, PA 17401 (717) 854-1541 *York Housing Assoc. of Delaware Valley 1500 Walnut Street, suite 601 Philadelphia, PA 19102 (215) 545-6010 'Philadelphia Housing Assoc. of Delawre Valley 658 North Watts Street Philadelphia, PA 19123 (215) 978-0224 *Philadelphia Housing Opportunities of Beaver Co 320 College Avenue, Unit 1 Beaver, PA 15009 (724) 728-7511 `Beaver, Lawrence Housing Partnership of Chester County 41 West Lancaster Avenue Downingtown, PA 19335 (610) 518-1522 *Chester, Delaware, Montgomery Huntingdon County Housing Servicing Weatherization, Inc. 917 Mifflin Street Huntingdon, PA 16652 (814) 643-2342 'Bedford, Blair, Fulton, Huntingdon, Juniata, Mifflin, Perry Indiana Co. Community Action Prog. 827 Water Street Box 187 Indiana, PA 15701 (724) 465-2657 *Armstrong, Cambria, Clearfield, Indiana, Jefferson, Westmoreland Intercultural Family Services Inc. 4225 Chestnut Street Philadelphia, PA 19104 (215) 386-1298 'Philadelphia Keystone Economic Develop. Corp. 1954 Mary Grace Lane Johnstown, PA 15901 (814) 535-6556 'Bedford, Blair, Cambria, Clearfield, Indiana, Somerset, Westmoreland Lawrence County Social Services, Inc. 241 West Grant Street P.O. Box 189 New Castle, PA 16103 (724) 658-7258 *Lawrence Liberty Resources 714 Market Street, Suite 100 Philadelphia, PA 19106 (215) 634-2000 'Philadelphia Loveship, Inc. 2320 North 5th Street Harrisburg, PA 1711 (717) 232-2207 *Cumberland, Dauphin, Perry Lycom-Clntn Co Comm fo Comm Action 2138 Lincoln Street P.O. Box 3568 Williamsport, PA 17703 (570) 326-0587 *Centre, Clinton, Lycoming, Union Northern Tier Community Action Corp. 135 West 4th Street P.O. Box 389 Emporium, PA 15834 (814)4861161 *Cameron, Elk, Mckean, Potter Northwest Counseling Service 5001 North Broad Street Philadelphia, PA 19141 (215) 324-7500 *Bucks, Chester, Delaware, Montgomery, Philadelphia Nueva Esperanza 4261 North 5th Street Philadelphia, PA 19140 (215) 324-0746 'Philadelphia Pennsylvania Housing Finance Agency 2275 Swallow Hill Rd., Bldg 200 Pittsburgh, PA 15220 (412) 429-2842 *Allegheny Maranatha PHFA 43 Philadelphia Avenue 211 North Front Street Waynesboro, PA 17268 Harrisburg, PA 17110 (717) 762-3285 (800-) 342-2397 *Adams, Cumberland, Franklin, Fulton, Perry *Cumberland, Dauphin Media Fellowship House 302 South Jackson Street Media, PA 19063 (610) 565-0434 'Chester, Delaware Philadelphia Council for Comm. Advmnt. 100 N 17th St, Suite 600 Philadelphia, PA 19103 (215) 567-7803 `Chester, Delaware, Montgomery, Philadelphia Mon Valley Unemployment Committee 1800 West St., 3rd Floor Homestead, PA 15120 (412) 462-9962 *Allegheny, Washington, Westmoreland Mt. Airy, USA 6703 Germantown Ave., Suite 200 Philadelphia, PA 19119 (215) 844-6021 'Philadelphia Nazareth Housing Services 285 Bellevue Road Pittsburgh, PA 15229 (412) 931-3510 *Allegheny Neighborhood Housing Services Inc. 213 N 5th St., Suite 1030 Reading, PA 19601 (610) 372-8433 'Berks Neighborhood Housing Services 710 5th Avenue, Suite 1000 Pittsburgh, PA 15219 (412) 281-9773 *Allegheny Philadelphia Senior Center 509 South Broad Street Philadelphia, PA 19147 (215) 546-5879 `Philadelphia Schuylkill Community Action 225 N. Centre Street Pottsville, PA 17901 (570) 622-1995 *Berks, Carbon, Lebanon, Lehigh, Luzeme, Northumberland, Schuylkill Shenango Valley Urban League, Inc. 601 Indiana Avenue Farrell, PA 16121 (724) 981-5310 'Crawford, Lawrence, Mercer South Philadelphia H.O.M.E.S. 1444 Point Breeze Avenue Philadelphia, PA 19146 (215) 334-4430 *Philadelphia Southwest Community Development Corp. 6368 Paschall Avenue Philadelphia, PA 19142 (215) 729-0800 *Philadelphia 'St. Martin Center X1701 Parade Street Erie, PA 16503 (814) 452-6113 'Crawford, Erie, Venango, Warren Tableland Services Inc. 535 East Main Street Somerset, PA 15501 (814) 445-9628 'Cambria, Fayette, Somerset, Westmoreland Tabor Community Services 308 E King Street, Suite 1 Lancaster, PA 17602 (717) 397-5182 "Chester, Lancaster, Lebanon The NORCAM Group 4200 Crawford Avenue, Suite 200 Northern Cambria, PA 15714 (814) 948-4444 'Cambria, Clearfield The Trehab Center of Northeastern PA 10 Public Avenue P.O. Box 366 Montrose, PA 18801 (570) 278-3338 "Susquehanna Indicates Counties Serviced The Trehab Center of Northeastern PA 115 SR 92S Tuckhannock, PA 18657 (570) 836-6840 'Wyoming The Trehab Center of of Northeastern PA 1225 Main Street Honesdale, PA 18431 (570) 253-8941 'Bradford, Sullivan, Susquehanna, Tioga, Wayne, Wyoming The Trehab Center of Northeastern PA 144 E East Avenue Wellsboro, PA 16901 (570) 724-5252 'Tioga The Trehab Center of Northeastern PA German Street P.O. Box 389 Dushore, PA 18614 (570) 928-9667 'Sullivan The Trehab Center of Northeastern PA The Enterprise Center 703 S. Elmer Ave., Suite M-6 Sayre, PA 18840 (570) 888-0412 'Bradford United Communties Southeast Philadelphia 2029 South 8th Street Philadelphia, PA 19148 (215) 467-8700 'Philadelphia Urban League of Philadelphia 1818 Market Street Philadelphia, PA 19103 (215) 561-6070 'Bucks, Delaware, Philadelphia Urban League of Pittsburgh Building for Equal Opportunity One Smithfield St. Ptsburgh, PA 15222 (412) 227-4802 `Allegheny Voices for Independence 3711 West 12th Street Erie, PA 16505 (800) 838-9890 'Erie Warren-Forest Counties Economic Opportunity Council 1209 Pennsylvania Ave W. P.O. Box 547 Warren, PA 16365 (814) 726-2400 'Forest, Waren EMC Mortgage Corporation January 17, 2008 7104 5400 2100 1576 2694 I9!4 6qh Jennifer A Bordelon 1554 Williams Grove Rd Mechanicsburg, PA 17055-5338 ACT. 91 HOME CTIO FROM N ORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. IMPORTANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The Homeowners' Emergency Mortgage Assistance Program (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can help you, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the counseling agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (persons with impaired hearing can call 717-780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. La Notificaion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notificion obtenga una traduccion immediatamente llamando esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes ser elegible para un prestamo por el programa llamado "Homeowners' Emergency Mortgage Assistance Program" al cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. HOMEOWNER'S NAME(S): Jennifer A Bordelon PROPERTY ADDRESS: 1554 Williams Grove Rd Mechanicsburg, PA 17055-5338 LOAN ACCOUNT NUMBER: 0013238191 CURRENT SERVICER EMC Mortgage Corporation Pagetwo 0013238191 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM You may be eligible for financial assistance which can save your home from foreclosure and help you make future mortgage payments if you comply with the provision of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency mortgage assistance: 'If your default has been caused by circumstances beyond your control, if you have a reasonable prospect of being able to pay your mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. This meeting must occur within the next thirty (30) days. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which your property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise this lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowners' Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date): NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 1554 Williams Grove Rd Mechanicsburg, PA 17055-5338 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments from 10/01 /2007: $15,033.46 (b) Late charge(s): $622.39 (c) Other charge(s): NSF and Advances $148.90 (d) Less: Credit Balance $0.00 (e) Total amount required as of 01/16/2008: $15,804.75 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable): HOW TO CURE THE DEFAULT - You may cure this default within THIRTY (30) DAYS from the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS $15,804.75, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable to EMC Mortgage Corporation at Po Box 660530 Dallas, TX 75266-0530. Page three 0013238191 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of date of this Notice, the ' lender intends to exercise its right to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, EMC Mortgage Corporation also intends to instruct their attorneys to start a legal action to foreclose upon your mortgaged property IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before they begin legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they are over $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorneys' fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance, and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due plus any late or other charges, charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such Sheriffs Sale of the mortgaged proprty could be held would be approximately five (5) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER Name of Lender: EMC Mortgage Corporation Address: Po Box 660530 Dallas, TX 75266-0530 Telephone Number: 1-888-609-2379 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furniture and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorneys' fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT To sell the property to obtain money to pay off the mortgage debt, or to borrow money from another lending institution to pay off this debt. ° To have this default cured by any third party acting on your behalf. ° To have the mortgage restored to the same position as if no default had occurred. (However, you do not have this right to cure your default more than three times in any calendar year). To assert the nonexistence of a default in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents. ° To assert any other defense you believe you may have to such action by the lender. To seek protection under the federal bankruptcy law. Page'four 0013238191 • EMC Mortgage Corporation is attempting to collect a debt, and any information obtained will be used for that purpose. Federal law gives you thirty days after you receive this letter to dispute the validity of this debt or any part of it. Unless you dispute the debt within that 30 day period, we will assume that it is valid. If you notify us in writing at the address above within the thirty day period that the debt, or any portion thereof, is disputed, we will: 1) Provide to you verification of the debt or a copy of any judgment entered against you. 2) Provide to you the name and address of your original creditor, if the original creditor is different from the current creditor. Sincerely, EMC Mortgage Corporation EMC Mortgage Corporation Po Box 660530 Dallas, TX 75266-0530, 1-888-609-2379 Appendix B Consumer Credit Counseling Agency Notification To: Date Name of Mortgagee: Address: In accordance with the Pennslyvania Homeowner's Emergency Mortgage Assistance Program (Act 91 of 1983), we have been approached for mortgage counseling assistance by: Name of Applicant Address Telephone Number Mortgage Loan Number Address of property on which mortgage is in default, If different from above. The counseling agency met with the above named applicant on Date Who have indicated that they are more than sixty (60) days delinquent on their mortgage payments and have received notification to foreclosure from: Name and Address of Mortgage In accordance with the Homeowner's Emergency Mortgage Assistance Program, this is to inform you that: 1. If the delinquency cannot be resolved with in the 30 day forbearance period as provided by the Servicer, the applicant listed above may apply to the Pennsylvania Housing Finance Agency for Homeowner's Emergency Mortgage Assistance. 2. By a copy of this Notice, we are notifying all other mortgagees, if any, which the applicant has indicated as also having a mortgage on the property identified above. 3. It is our understanding that the 30 day forbearance period in which we are now in ends on 4. No legal action to enforce the mortgage may occur during this forbearance period, unless procedural time limits were not met by the homeowner. • Acom•Housing Corporation 846 North Broad Street Philadelphia, PA 19130 (215) 765-1221 *Bucks, Chester, Delaware, Montgomery Philadelphia * Indicates Counties Serviced Amencon Financial Counseling Services 1 Abington Plaza, Suite 403 Old York Road and Township Line Jenkintown, PA 19046 (800) 490-3039 *Delaware, Montgomery Action Housing Inc American Financial Counseling Services 425 6th Avenue, Suite 950 175 Strafford Avenue, Suite One Pittsburgh, PA 15219 Wayne, PA 19087 (412) 281-2102 800) 490-3039 *Allegheny, Beaver, Butler, Fayette, Greene, *Bucks, Chester, Delaware, Mongomery, Washington, Westmoreland Philadelphia Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (717) 334-1518 *Adams, Cumberland, Franklin, York American Financial Counseling Services 906 Penn Avenue Wyomissing, PA 19610 (610) 780-0680 *Berks Advocates for Financial Independence 1806 S Broad Street, Suite 1 B Philadelphia, PA 19145 (215) 389-2810 *Philadelphia Allegheny County Acorn 5907 Penn Avenue, Suite 300 Pittsburgh, PA 15206 (412) 441-6551 *Allegheny American Credit Counseling Institute 21 S Church Street West Chester, PA 19380 (888) 212-6741 *Chester American Credit Counseling Institute 300 North Pottstown Pike, Suite 210 Exton, PA 19341 (888) 212-6741 *Berks, Bucks, Montgomery American Credit Couseling Institute 528 Dekalb Street Norristown, PA 19401 (610) 971-2210 *Montgomery American Credit Counseling Institute 530 W Street Road, Suite 201 Warminster, PA 18974 (215) 444-9429 *Bucks, Montgomery, Philadelphia American Credit Counseling Institute American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 *Adams, Franklin, York American Red Cross of Chester 1729 Edgemont Avenue Chester, PA 19013 (610) 874-1484 *Chester. Delaware APM 2147 Norht Sixth Street Philadelphia, PA 19122 (215) 235-6788 *Chester, Delaware, Philadelphia Armstrong CO Community Action Agency 124 Armsdale Road, Suite 211 Kittanning, PA 16201 (724) 548-3405 *Armstrong Blair County Community Action Agency 2100 6th Avenue, Suite 102 P.O. Box 1833 Altoona, PA 16602 (814) 946-3651 *Blaid Booker T. Washington Center 1720 Holland Street Erie, PA 16503 (814) 453-5744 *Crawford, Erie, Warren 845 Coates Street Bucks County Housing Group Coatesville, PA 19320 200 West Bridge Street (888) 212-6741 Morrisville, PA 19067 *Bucks, Chester, Montgomery, Philadelphia (866) 866-0280 *Bucks American Credit Counseling Institute 937 North Hanover Street Pottstown, PA 19460 (888) 212-6741 'Berks, Bucks, Montgomery Bucks County Housing Group 2324 Second Street Pike, Suite 17 Wrightstown, PA 18940 (866) 866-0280 *Bucks Bucks County Housing Group 349 Durham Road Penndel, PA 19047 (866) 866-0280 *Bucks Bucks County Housing Group 470 Oki Dublin Pike Doylestown, PA 18901 (866) 866-0280 *Bucks Bucks County Housing Group 515 West End Blvd Quakertown, PA 18951 (866) 866-0280 *Bucks Budget Counseling Center 247 North Fifth Street Reading, PA 19601 (610) 375-7866 *Berks, Chester, Schuylkill Carroll Park Community Council, Inc. 5218 Master Street Philadelphia, PA 19131 (215) 877-1157 *Chester, Delaware, Philadelphia CCCS of Delaware Valley 1230 New Rodgers Road, Suite F1 Bristol, PA 19007 (215) 563-5665 *Bucks CCCS of Delaware Valley 1515 Market Street, Suite 1325 Philadelphia, PA 19107 (215) 563-5665 *Bucks, Delaware, Montgomery, Philadelphia CCCS of Delaware Valley 1777 Sentry Parkway W, Suite 200 Blue Bell, PA 19422 (215) 563-5665 *Montgomery CCCS of Delaware Valley 280 North Providence Road Media, PA 19063 (215) 563-5665 *Delaware CCCS of Delaware Valley Marshal Building 790 E Market St, Suite 170 West Chester, PA 19382 (215) 563-5665 *Chester, Delaware CCCS of Delaware Valley Catholic Social Services Building 7340 Jackson Street Philadelphia, PA 19136 (215) 563-5665 *Bucks, Philadelphia CCCS of Delaware Valley One Cherry Hill, Suite 215 Cherry Hill, PA 08002 (215) 563-5665 *Philadelphia CCCS of Lehigh Valley 3671 Crescent Court East Whitehall, PA 18052 (610) 821-4011 *Barks, Bucks, Carbon, Lancaster, Lehigh, Northhampton, Schuylkill • CCCS of Northeastern PA 1400 Abington Exec. Park, Suite 1 Clarks Summitt, PA 18411 (570) 587-9163 *Carbon, Columbia, Lackawanna Lycoming, Monroe, Montour, Northumberland, Pike, Sullivan, Tioga, Union, Wayne, Wyoming CCCS of Northeastern PA 201 Basin Street, Suite 6 Williamsport, PA 17701 (570) 323-6627 `Centre, Clinton, Lycoming, Northumberland, Union C,CCS of Northeastern PA 202 W Hamilton Avenue State College, PA 16801 (814) 238-3668 *Blair, Centre, Clearfield, Clinton, Huntingdon, Juniata, Mifflin CCCS of Northeastern PA 401 Laurel Street Pittston, PA 18640 (570) 602-2227 *Bradford, Carbon, Columbia, Lackawanna, Lycoming, Monroe, Montour, Northumberland, Pike, Sullivan, Tioga, Union, Wayne, Wyoming CCCS of Northeastern PA 411 Main Street, Suite 104 Stroudsburg, PA 18360 (570) 420-8980 *Bradford, Carbon, Monroe, Pike, Wayne CCCS of Western PA 1 North Gate Square #2 Garden Center Dr Greensburg, PA 15601 (888) 511-2227 *Fayette, Greene, Indiana, Somerset, Washington, Westmoreland CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 (888) 511-2227 *Adams, Cumberland, Dauphin, Franklin, Perry, Synder, York CCCS of Western PA 219-A College Park Plaza Johnstown, PA 15904 (888) 511-2227 *Cambria, Clearfield, Indiana, Somerset CCCS of Western PA 312 Chestnut Street, Suite 227 Meadville, PA 16335 (888) 511-2227 *Lawrence CCCS of Western PA 41 East Chestnut Street Washington, PA 15301 (888)511-2227 *Washington CCCS of Western PA 4402 Peach Street Erie, PA 16509 (888)511-2227 *Crawford, Erie, Warren * Indicates Counties Serviced CCCS of Western PA 524 Franklin Avenue Aliquippa, PA 15001 (888) 511-2227 *Cameron Community Action Southwest 150 W Beau Street, Suite 304 Washington, PA 15301 (724) 225-9550 *Washington CCCS of Western PA 917 A Logan Boulevard Altoona, PA 16602 (888) 511-2227 *Armstrong, Bedford, Blair, Cambria, Centre, Clearfield, Huntingdon, Juniata, Mifflin, Union CCCS of Western PA 971 Third Street Beaver, PA 15009 (888) 511-2227 *Beaver CCCS of Western PA Colonial Shopping Center 970 S George Street York, PA 17403 (888) 511-2227 *Franklin, Fulton, Lancaster, York CCCS of Western PA Pullman Commerce Center 112 Hollywood Dr Butler, PA 16001 (888) 511-2227 *Butler, Clarion, Jefferson, Mercer, Venango CCCS of Western PA River Park Commons 2403 Sidney Street Pittsburgh, PA 15203 (888) 511-2227 *Allegheny Chester Community Improvement Project 412 Avenue of the States P.O. Box 541 Chester, PA 19016 (610) 876-8663 *Chester, Delaware, Montgomery, Philadelphia Comm. On Econ Opportunity of Luzeme Co. 163 Amber Lane Wilkes-Barre, PA 18702 (570) 826-0510 *Carbon, Luzeme, Schuylkill, Wyoming Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17094 *Cumberland, Dauphin, Franklin, Perry, Synder Community Action Committee of the Lehigh Valley 1337 East Fifth Street Bethlehem, PA 18015 (610) 691-5620 *Berks, Carbon, Lehigh, Monroe, Northhampton Community Action Development Comm - CADCOM 113 E Main Street Norristown, PA 19401 (610) 277-6363 *Montgomery Community Action Southwest 58 E Greene Street Waynesburg, PA 15370 (724) 852-2893 *Allegheny, Fayette, Greene, Washington, Westmoreland Congreso 216 West Somerset Street Philadelphia, PA 19133 (215) 763-8870 *Philadelphia Council of Spanish Speaking Organization 705-09 North Franklin St Philadelphia, PA 19123 (215) 627-3100 *Philadelphia Diversified Community Service Dixon House 1920 South 20th Street Philadelphia, PA 19145 (215) 336-3511 *Bucks, Chester, Delaware, Philadelphia Fair Housing Partnership of Greater Pittsburgh, Inc. 2840 Liberity Ave., Suite 205 Pittsburgh, PA 15222 (412) 391-2535 *Allegheny Fayette Co. Community Action Agency Inc 137 North Beeson Avenue Uniontown, PA 15401 (724) 437-6050 *Fayette, Somerset FOB CDC 1201 West Only Avenue Philadelphia, PA 19141 (215) 549-8755 *Bucks, Chester, Delaware, Philadelphia Frankford CDC 4625 Frankford Avenue, 2nd Floor Philadelphia, PA 19124 (215) 743-9201 *Philadelphia Garfield Jubilee Associates 5138 Penn Avenue Pittsburgh, PA 15224 (412) 665-5200 *Allegheny Germandtown Settlement 5538 Wayne Avenue Bldg C Philadelphia, PA 19144 (215) 849-3104 *Bucks, Chester, Delaware, Montgomery, Philadelphia i ' Indicates Counties Serviced Greater Erie Commun. Action Committee Koren Comm. Develop. Services Center New Life Comm. Housing Devel Corp. 18 West 9th Street 6055 Norht 5th Street 712 Hawkins Avenue Erie, PA 16501 Philadelphia, PA 19120 Braddock, PA 15104 (814) 459-4581 (215) 276-8830 (412) 351-4077 'Crawford, Erie, Venango, Warren 'Philadelphia 'Allegheny, Washington, Westmoreland HACE Lawrence County Social Services, Inc. Northern Tier Community Action Corp. 167 W Allegheny Ave., 2nd Floor 241 West Grant Street 135 West 4th Street Philadelphia, PA 19140 P.O. Box 189 P.O. Box 389 (215) 426-8025 New Castle, PA 16103 Emporium, PA 15834 "Bucks, Chester, Delaware, Philadelphia (724) 658-7258 (814) 4861161 'Lawrence 'Cameron, Elk, Mckean, Potter Housing Alliance of York 35 South Duke Street Liberty Resources Northwest Counseling Service York, PA 17401 714 Market Street, Suite 100 5001 North Broad Street (717) 854-1541 Philadelphia, PA 19106 Philadelphia, PA 19141 'York (215) 634-2000 (215) 324-7500 'Philadelphia 'Bucks, Chester, Delaware, Montgomery, Housing Assoc. of Delaware Valley Philadelphia 1500 Walnut Street, Suite 601 Loveship, Inc. Philadelphia, PA 19102 2320 North 5th Street Nueva Esperanza (215) 545-6010 Harrisburg, PA 1711 4261 North 5th Street 'Philadelphia (717) 232-2207 Philadelphia, PA 19140 `Cumberland, Dauphin, Perry (215) 324-0746 Housing Assoc. of Delawre Valley 'Philadelphia 658 North Watts Street Lycom-Clntn Co Comm fo Comm Action Philadelphia, PA 19123 2138 Lincoln Street Pennsylvania Housing Finance Agency (215) 978-0224 P.O. Box 3568 2275 Swallow Hill Rd., Bldg 200 'Philadelphia Williamsport, PA 17703 Pittsburgh, PA 15220 (570) 326-0587 (412) 429-2842 Housing Opportunities of Beaver Co. 'Centre, Clinton, Lycoming, Union 'Allegheny 320 College Avenue, Unit 1 Beaver, PA 15009 Maranatha PHFA (724) 728-7511 43 Philadelphia Avenue 211 North Front Street 'Beaver, Lawrence Waynesboro, PA 17268 Harrisburg, PA 17110 (717) 762-3285 (800-) 342-2397 Housing Partnership of Chester County `Adams, Cumberland, Franklin, Fulton, Perry 'Cumberland, Dauphin 41 West Lancaster Avenue Downingtown, PA 19335 Media Fellowship House Philadelphia Council for Comm. Advmnt. (610) 518-1522 302 South Jackson Street 100 N 17th St, Suite 600 'Chester, Delaware, Montgomery Media, PA 19063 Philadelphia, PA 19103 (610) 565-0434 (215) 567-7803 Huntingdon County Housing Servicing 'Chester, Delaware 'Chester, Delaware, Montgomery, Philadelphia Weatherization, Inc. 917 Mifflin Street Mon Valley Unemployment Committee Philadelphia Senior Center Huntingdon, PA 16652 1800 West St., 3rd Floor 509 South Broad Street (814) 643-2342 Homestead, PA 15120 Philadelphia, PA 19147 `Bedford, Blair, Fulton, Huntingdon, Juniata, (412) 462-9962 (215) 546-5879 Mifflin, Perry 'Allegheny, Washington, Westmoreland `Philadelphia Indiana Co. Community Action Prog. Mt. Airy, USA Schuylkill Community Action 827 Water Street Box 187 6703 Germantown Ave., Suite 200 225 N. Centre Street Indiana, PA 15701 Philadelphia, PA 19119 Pottsville, PA 17901 (724) 465-2657 (215) 844-6021 (570) 622-1995 `Armstrong, Cambria, Clearfield, Indiana, 'Philadelphia 'Berks, Carbon, Lebanon, Lehigh, Luzerne, Jefferson, Westmoreland Northumberland, Schuylkill Nazareth Housing Services Intercultural Family Services Inc. 285 Bellevue Road Shenango Valley Urban League, Inc. 4225 Chestnut Street Pittsburgh, PA 15229 601 Indiana Avenue Philadelphia, PA 19104 (412) 931-3510 Farrell, PA 16121 (215) 386-1298 'Allegheny (724) 981-5310 'Philadelphia 'Crawford, Lawrence, Mercer Neighborhood Housing Services Inc. Keystone Economic Develop. Corp. 213 N 5th St., Suite 1030 South Philadelphia H.O.M.E.S. 1954 Mary Grace Lane Reading, PA 19601 1444 Point Breeze Avenue Johnstown, PA 15901 (610) 372-8433 Philadelphia, PA 19146 (814) 535-6556 `Berks (215) 334-4430 'Bedford, Blair, Cambria, Clearfield, Indiana, 'Philadelphia Somerset, Westmoreland Neighborhood Housing Services 710 5th Avenue, Suite 1000 Southwest Community Development Corp. Pittsburgh, PA 15219 6368 Paschall Avenue (412) 281-9773 Philadelphia, PA 19142 'Allegheny (215) 729-0800 'Philadelphia St. Martin Center ;1701 Parade Street . Erie, PA 16503 (814) 452-6113 'Crawford, Erie, Venango, Warren Tableland Services Inc. 535 East Main Street Somerset, PA 15501 (814) 445-9628 *Cambria, Fayette, Somerset, Westmoreland Tabor Community Services 308 E King Street, Suite 1 Lancaster, PA 17602 (717) 397-5182 *Chester, Lancaster, Lebanon The NORCAM Group 4200 Crawford Avenue, Suite 200 Northern Cambria, PA 15714 (814) 948-4444 *Cambria, Clearfield The Trehab Center of Northeastern PA 10 Public Avenue P.O. Box 366 Montrose, PA 18801 (570) 278-3338 'Susquehanna * Indicates Counties Serviced The Trehab Center of Northeastern PA 115 SR 92S Tuckhannock, PA 18657 (570) 836-6840 *Wyoming United Communties Southeast Philadelphia 2029 South 8th Street Philadelphia, PA 19148 (215) 467-8700 *Philadelphia The Trehab Center of of Northeastern PA 1225 Main Street Honesdale, PA 18431 (570) 253-8941 *Bradford, Sullivan, Susquehanna, Tioga, Wayne, Wyoming The Trehab Center of Northeastern PA 144 E East Avenue Wellsboro, PA 16901 (570) 724-5252 *Tioga The Trehab Center of Northeastern PA German Street P.O. Box 389 Dushore, PA 18614 (570) 928-9667 *Sullivan The Trehab Center of Northeastern PA The Enterprise Center 703 S. Elmer Ave., Suite M-6 Sayre, PA 18840 (570) 888-0412 *Bradford Urban League of Philadelphia 1818 Market Street Philadelphia, PA 19103 (215) 561-6070 *Bucks, Delaware, Philadelphia Urban League of Pittsburgh Building for Equal Opportunity One Smithfield St. Ptsburgh, PA 15222 (412) 227-4802 *Allegheny Voices for Independence 3711 West 12th Street Erie, PA 16505 (800) 838-9890 *Erie Warren-Forest Counties Economic Opportunity Council 1209 Pennsylvania Ave W. P.O. Box 547 Warren, PA 16365 (814) 726-2400 *Forest, Waren ! ' ' a VERIFICATION The undersigned hereby states that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. EMC Mortgage Corporation, Attomey-in-fact for LaSalle Bank National Association, as Trustee for Certificateholders of Bear Stearns Asset backed Securities I LLC, Asset-Backed-Certifcates, Series 2006-HE2 Loan #0013238191 r b co P 141. j CASE NO: 2008-03410 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EMC MORTGAGE CORPORATION VS BOREDELON JOHNATHAN P ET AL SHAWN HARRISON Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BORDELON JOHNATHAN P DEFENDANT , at 1300:00 HOURS, on the 7th day of June , 2008 at 1554 WILLIAMS GROVE ROAD MECHANICSBURG, PA 17055 JONATHAN BOREDELON a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. SHERIFF'S RETURN - REGULAR Sheriff or Deputy Sheriff of the by handing to Sheriff's Costs: Docketing Service Affidavit Surcharge 4 (!3'b F 18.00 9.00 .00 10.00 .00 37.00 So Answers: Sworn and Subscibed to before me this day of 9 R. Thomas Kline 06/09/2008 GREGORY JAVARJTLAN ` By: Va j 14njp'ut-ySheriff A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-03410 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EMC MORTGAGE CORPORATION VS BOREDELON JOHNATHAN P ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BORDELON JENNIFER A the DEFENDANT , at 1300:00 HOURS, on the 7th day of June 2008 at 1554 WILLIAMS GROVE ROAD MECHANICSBURG, PA 17055 by handing to JONATHAN BOREDELON, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit 00 Surcharge 10.00 R. Thomas Kline .00 ?.?C31 0f 4,.- ? 16.00 06/09/2008 GREGORY JAVARD Sworn and Subscibed to By: before me this day eput Sheriff of A.D.