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HomeMy WebLinkAbout08-4425 : COURT COMMON PLEAS : CUMBERLAND COUNTY : JULY TERM, 2008 . No.: Of- q,25 01 'Vi 17?rM : CIVIL ACTION : MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following ages, you must take action within twenty (20) days after this complaint and otice are served, by entering a written appearance personally or by attorney an filing in writing with the Court your defenses or objections to the claims set forth) against you. You are warned that if you fail to do so the case may proceed witho?t you and a judgment may be entered against you by the court PARKER MCCA P.A. By: Christine A. Pi to, Esquire Attorney ID# 2056 2 Three Greentree Centre 7001 Lincoln Drive; West, P.O. Box 974 Marlton, NJ 08053 (856) 810-5815 Attorney for Plaintiff, MorEquity, Inc. MorEquity, Inc. 600 N. Royal Avenue Evansville, IN 47115 Plaintiff, Vs. Jeffrey Doyle 635 Lerew Road Boiling Springs, P?,. 17007 Defej dant(s) without further notice for any money claimed in the complaint or for any other claim or relief rquested 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 PRVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL,,, SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service 4th Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 PARKER MCCAY P.A. By: Christine A. Pik to, Esquire Attorney 1D# 205622 Three Greentree Ceptre 7001 Lincoln Drivel West, P.O. Box 974 Marlton, NJ 08053 j (856) 810-5815 Attorney for Plaintiff, MorEquity, Inc. MorEquity, Inc. 600 N. Royal Av6nue Evansville, IN 47715 Plaint iff, Vs. Jeffrey Doyle 635 Lerew Road Boiling Springs, PA 17007 : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : JULY TERM, 2008 . No.: Of- Y 9 -2 5 : CIVIL ACTION : MORTGAGE FORECLOSURE Defepdant(s) COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, MorEquity, Inc. (the "Plaintiff'), is a corporation registered to conduct business in the Commonwe4lth of Pennsylvania and having an office and place of business at 600 N. Royal Avenue, Evansville IN 47715, by way of Complaint says the following. 2. Defendant, Jeffrey Doyle (hereinafter referred to as "Defendant"), is an adult individual and is the real owned of the premises hereinafter described. 3. Defendant, Jeffrey Doyle resides at 635 Lerew Road, Boiling Springs, PA 17001 with a mailing address at 6? 5 Lerew Road, Boiling Springs, PA 17001. 4. On ;June 28, 2004, in consideration of a loan in the principal amount of $105,000.00, Defendant executed and delivered to Wilmington Finance, a division of AIG Federal Savings Bank, a note (the "Note") l ith initial interest thereon at 6.950% per annum, payable as to the principal and interest in equal ini ial monthly installments of $940.84 commencing on August 1, 2004, with a maturity i I date of July 01, 2019. A true and correct copy of the Note is attached hereto and made a part hereof as Exhibit "A". 5. To secure the obligations under the Note, the Defendants executed and delivered to Wilmington Finance, a division of AIG Federal Savings Bank, a mortgage (the "Mortgage") dated June 28, 2004, recorded on July 1, 2004 in the Recorder of Deeds in and for the County of Cumberland under Book 1871, Page 4810. A true and correct copy of the Mortgage is attached hereto and made a part hereof as Exhibit "B". 6. By Assignment of Mortgage dated October 27, 2004, Wilmington Finance, a division of AIG Federal Savings Bank assigned its Mortgage to MorEquity, Inc., which Assignment of Mortgage was recorded on December 28, 2004 in the Recorder of Deeds in and for the County of Cumberland under Instrument # 200451904, Book 711, Page 542. A true and correct copy of the Assignment of Mortgage is attached hereto and Ilmade a part hereof as Exhibit "C". 7. The Mortgage secures the following real property (the "Mortgaged Premises"): 635 Lerew Road, Bbiling Springs, PA 17007. A legal description of the Mortgaged Premises is attached hereto as Exhibit " and made a part hereof. 8. Defendants are in default of their obligations pursuant to the Note and Mortgage because payments of principal and interest due March 1, 2008, and monthly thereafter are due and have not been paid, whereby the Whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. The following amounts are due on the Mortgage and Note: Balance of Principal $88,324.94 Accrued but Unpaid Interest from 2/1/08 - 7/11/08 6.950% $2,745.05 Accrued Late Charges $217.32 Corporate Advance $0.00 Recoverable Balance $0.00 Escrow Advance $0.00 Title Search Fees $595.00 Reasonable Attorney's Fees $1,250.00 Less Suspense Balance $0.00 TOTAL as of Jul 11, 2008 $93,132.31 Plus, the; following amounts accrued after July 11, 2008: Interestt the current Rate of 6.950% per cent per annum ($17.05 per diem); 5.00% of, the overdue payment of principal and interest; any amounts expended for future taxes and insurance along with additional costs and attorney fees incurred in this foreclosure action. 10. Duting the course of this action, the plaintiff may be obligated to make advances for the payment of taxes, assessments, insurance premiums and necessary expenses to preserve the security, and such sums advanced under the terms of the Note and Mortgage, together with interest, will be added to the amount due on the mortgage debt and secured by the plaintiff's Mortgage. 11. The notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance program, Act 91 or 1983 has been sent to the Defendants on May 6, 2008, via certified and regular mail, in accordance with the requirements of the Act. A true and correct copy of such notice is attached hereto as Exhibit "E" and made a part hereof. WHEREFQRE, Plaintiff demands an in rem judgment against the Defendant for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 9, namely, $93,132.31 plus the following amounts accruing after July 11, 2008, to the date of judgment: (a) interest of $17.05 per diem, (b) late charges of 5.00% on any overdue payment of principal and interest per month, (c) plus interest at the legal gate allowed on judgments after the date of judgment, (d) additional attorney's fees (if any) hereafter incu4ed; (e) costs of suit; and (f) any amounts expended for future taxes and insurance. Dated: Julv 11, 200 I I PA R M AY, PA By Christine A. Pinto, Esquire Attorney for Plaintiff VERIFICATION I Christine ?A. Pinto, hereby certify that I am an Attorney for Plaintiff and am authorized to make this verification on Plaintiffs behalf. I verify that the facts and statements set forth in the forgoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S.§ 4904, relating to unsworn falsification to authgrities. Name: Christine A. Pinto, Esquire Title: Attorney EXHIBIT "A" Sff' PFIEPAYMENT RDHt TO NOTLI ATTACH® HERETO AND MADEA PART HEREOF. NOTE LOAN NO.: A4060691 NOW alel Mf*ny 1 .' .r L BORROWER'S PROMISE TO PAY In return for a loan that 1 have received, I promise to pay U.S. $ (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is - - Wilmington Finance, a division or AIG Federal Sayings Bank I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will ludlilumngd on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of The in erect rate requited by this Section 2 is the rate I will pay both before and after any default described In Section 6(B) of this Note. 3. PAYMENTS (A) Time and Plaw of Payments I will pay principal and interest by making a nt every month. I will make my monthly payment on the MOW day of each month beginning on I win 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. Pesch mat will be applied as of Its scheduled due date and will be applied to interest before Principal. If, on , I still owe amounts under this Note. I will pay those amounts in full on that date, which is called the "Maturity Da(e." I will make my monthly payments at Wilmington Finance, a division of AIG Federal Swings Bank PO Box 209, Plymouth Mading, PA 19462 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be In the amount of U.S. $ 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid Interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes In the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to tirose changes. MULTISTATE FVr® FATE NOTES Fe Inalab:J p? In9k may-Fannk MaNFreddk Mae UNIFUriA 9JSTWpYtgdT Form 3200 1101 VMF 5N pw7) Papa 1 &3 LENDER SUPPORT SYSlFA1s. W. aN.NEW Mue]I 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any suns already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge 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 % of my overdue payment of principal and Interest. I will pay this late charge promptly but only once on each late (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay Immediately the full amount of Principal which has not been paid and 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 mefied to me or delivered by other means. () No Waiver By Note Holder Even if, at a Ume 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 Coats and Expenses' If the Note Holder has required me to pay immediately In full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses Include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requites a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mall to me at the Properly Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by nailing It by first class mall to the Note Holder at the address stated In Section 3(A) above or at a different address If I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, Including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note Is also obligated M do these things. Any person who takes over these obligations, including the obligations of a guarantor. surety or endorser of this Note, Is also obligated to keep all of the promises made In this Note. The Note Holder may enforce Its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. Innwa: TOP VMPSN (ow) P.p. 2&3 Form 3200 1101 10. UNIFORM SECURED NOTE This Note is a uniform Instrument with limited variations in some jurisdictions. In addition to the protections given in 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 (be Note Holder from possible losses which might result if 1 do not keep the promises which I make in this Note. That Security Inshvmew describes how and under what conditions I may be required (o make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described 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 beneficial interest in Borrower Is sold or transferred) without Lender's prior written consent, Lender may require Immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less (ban 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 Insb=en(. If Borrower falls to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by dds Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) (Seal) Bomrwer -Borrower Borrower - ` wr -Borrower (Seal) (Seal) Borrower -Borrower (Seal) (Seal) -Borrower -Borrower VMFL SN tom>f rage 3 of 3 Form 3200 1/07 LOAN NO.: A4060691 PREPAYMENT RIDER TO NOTE " The Note dated JUNE 29, 2004 between Wilmington Fnance, a division or AID Federal Swings Bank (Lender) and JEFFREY DOYLE (Borrower or is hereby amended as follows: 1. 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: Subject to the Prepayment Penalty provided below, I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." A "Full Ur ent" H the prepayment of the entire unpaid Principal due under the Note. A payment of only part npaid Principal is known as a "Partial Prepayment." When 1 make a Prepayment, I win tell the writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. It within the 60 month period beginning with the date 1 execute the Note (the "Penalty Period"), I make a Full Prepayment, or Partial Prepayment in any twelve (12)-month period that exceeds 10% of the original Prmeq>al lean amount, I wi! ppay a Prepayment charge as consideration for the Note Holder's acceptance of each Prepayment. The Prepayment charge will equal 5.000 % of the then Principal balance of the Note. No Prepayment charge will be assessed for any Prepayment occurring after the Penalty Period. This Rider will remain in full force and effect unless the Note is transferred by Lender and the Borrower is notified in writing by the new Note Holder that such Note Holder, at its sole option, has declared the Rider null and void. If the Rider is declared null and void, the original Note terms shall remain In full force and effect. (Seal) (Seal) J F D LE -Bornnwr -Borrower (Seal) (Seal) .Borrower -Bormwer Lw &VW" snam, km. FMC-WILADR W0Q ALLONGE TO NOTE Allonge to note dated: 6/28/2004 In Favor of: Wilmington Finance, a division of AIG Federal Savings Bank And executed by: JEFFREY DOYLE Property Address: 635 LEREW ROAD BOILING SPRINGS, PA 17007, Loan Amount: S 105,000.00 Pay to the order of : Without recourse: Wilmington Finance, • division of AIG Federal Savings Bank By: Chris White Title: Designated Signer IEXHIBIT / / II oC kiJ r -J ?%yJU( 1 A?10'58 r^1 Prepared By: Wilmington Finance, div. of AIG FSB 401 Plymouth Road, Suite 400 Pl mouth Meeting, PA 19462 877-963-4968 Parcel Number: 40-11.0286.020 Return To: Wilmington Finance, a division of AIG Federal Savings Bank 401 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 [Space Above This Line For Recording Data MORTGAGE LOAN NO.: A4060691 DEFINITIONS Words used In multiple sections of this document are defined below and other words are defined In Sections 3, 11, 13, 19, 20 and 21. Certain rules regarding the usage of words used In this document are also provided in Section 16. (A) "Socurity Instrument" means this document, which Is dated JUNE 28, 2004 together with all Riders to this document. (B) "Borrower" is JEFFREY DOYLE Borrower is the mortgagor under this Security Instrument. (C) "Leader" is Wilmington Finance, a division of AIG Federal Savings Bank Lender Is a CORPORATION organized and existing under the laws of Delaware PENNSYLVANuk - Siie Fa ?? ng Family - Fannie MaNFreddM Mae UNIFORM INSTTa11VtBlT Form 3039 1/0 VMPB(PA) (owe) Pr 7 a m lFr/arR SIa90RT SK1fM5, INC. 80%1.NEW (10103) BK 187 1 PG4810 401 der s address Is LeaderYmOUt' ROad. SU'te the 400 No,.. atr °rtgagee . Plymouth M The N ans the Under this eet/n9. PA 0'111 HUNDRED ihaI gon Wer note signedl??ent. 19462 FIVE TFtp er °? Lend by BOtrOwer USAND N0 er and dated (U. S. $ 1 000 "ents0an- .00 ) A NO/1pp X X X X X X X X JUNE 28 2004 Pitts lat Property ¢ and t means the prod f°p °o late BO?Ot+er has X X X X X X X X X X X "Loan. doe means pCf tY that Is described JULY 01 p 019 to pay this (C) RUnder idertte Note, wed w sevldenced 6Y the (vote, below Older the heading „T debt in r?lar pDoars IHiC Riders are (a s all AdJusta6le executed 6yders Dwr °ddds adertgthis Se?cOrp_P us Y Insert' any Prepa rsnsfer of ?8bts in the er bWe !check ytyox" ""Akat eat, plus Interesent charges and late Graduated p to Rid that Balloon lllderYment Rider O COndom?as aPPllcab /ej; executed by SaCharges Other(s) P1aimed (Jit eRivelo 'rOwer. The 1s fogowing PeCffYl 0 Rate hapro mat lode ent Rider C_:3 !1-4 P. Rider rdi le Second Npay, td (Rider tdinaaces Law. m me (1) ;c Pealabllee Judi?cli tf des ?dnh»BIng ? charges a M. On BO ecv, And '?+aocia Old,,, e(?.hat?h Bavelthe eerral' state a local ?i statutes ontc °rgaal,,, rr°werr the pro eats- mks of law) as well as all aP' "gull mss' check ' Funds Oil, at Tr " m rn aR d. fe IRS , Or Rnal, Or edit of _ nt. C0r°s Peter i°3h1rm any thasfer by. Odo-l' m as ssments and other 's acount, or fian' machine hams such tlc tape so as` ?1cd is lnlwted ?' Of* than a ?mepa'rters ON through an ejechout (¢ "E Items me f iNdted by?tr?j noon Bi mited a Polat?°Nze a 8aanc/ale me led by data aaY ?iia°pmra prooeada 03e Items that wire &ftfea. sale transfersi i otloO to wit P-Wy eaus All es tO°r (,a,,& BraO ?Y compeescrion, in Seed-, 3 and automated cle teller CO c on Of die (M) "and/or ?coadtd a is BeO ofro (lids ?ddcOndetb1mCOVeaward of dam the Loan. artgage l°sarance Pro eon ins means e ins. Prot • or (1rMatlon orr???l ?? S° ?Y'OCeeds Paid misrep ion, of ectloO 5) for: Of, the VMng(PA)roo? ?? Leader ags1? Bien or omissloas?as tof the °APaYment of, or default on ea0.2 w ?a }}--? H J Fenn 9038 1?°f (1) "Periodic Payment" means the regularly scheduled amount due for (f) principal and interest under the Note, plus (it) any amounts under Section 3 of this Security Instrument. (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and Its implementing regulation. Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used In this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (B) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the COUNTY (Type of Recording Jurisdiction] of CUMBERLAND (Name of Recording Jurisdiction): SEE COMPLETE LEGAL DESCRIPTION DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF which currently has the address of 635 LEREW ROAD [Street] BOILING SPRINGS [City] , Pennsylvania 17007 [Zip Code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and Batures now or hereafter a part of the property. An replacements and additions shall also be covered by this Security Instrument. AB of the foregoing is referred to in this Security Instrument as the "Property." VMP-6(PA) (ooos) Pap s of to Form 3039 t/OH 8K 1871 PG4 3 12 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-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 charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made In U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Inshument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and rids Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check Is drawn upon an institution whose deposits are insured by a federal agency. hutntmentaBty, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Leader 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. Leader may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to Its rights to refuse such payment or partial payments In tine future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of Its scheduled due date, then Lender need not pay interest on unapplied funds. Leader may bald such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time. Leader shall either apply such funds or return them to Borrower. If not applied earlier. such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Leader shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lander shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrows for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more dm one Periodic Payment is outstanding. Leader may apply any payment received from Borrower to the repayment of the Periodic Payments If, and to the extent that, each payment can be VMP-G(PA) rixeq r .:UO Pars 4 of 16 Form 3039 trot 8K 187 1 FG48 13 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 be applied first to any prepayment charges and then as described In the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property. If any; (c) premiums for any and all Insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, If any, or any sums payable by Borrower to Lender In lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These Items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to fender 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 recelpts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" Is used in Section 9. If Borrower Is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Leader may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section IS and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, Out are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, If Lester is an Institution whose deposits are so Insured) or in any Federal Home Lou Bank. Lender shall apply the Funds to pay the Escrow Items no later than, the time specified under RESPA. Leader shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Leader 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 VMP6(PA)rwW P".s a16 Form 0?? BK 187 1 PG48 14: 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 excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage In accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency In accordance with RESPA, but In no more than 12 monthly payments. Upon payment In full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Lima Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the 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 hen which has priority over this Security Instrument unless Borrower: (a) agrees In writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the Ben in good faith by, or defends against enforcement of the Ben In, legal proceedings which in Leader's opinion operate to prevent the enforcement of the Ben while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the Ben 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 Ben which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the Ben. Within 10 days of the date on which that notice Is given, Borrower shall satisfy the lien or take one or more of the actions set forth above In this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences an change during the term of the Loan. The Insurance carrier providing the hnsurance 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-tlrne charge for flood zone determination, certification and tracking services; or (b) a one-None charge for flood zone determination and certification services and subsequent charges each time remapptogs or similar changes occur which reasonably might affect such determination or certlRadoe. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. . son vatt+eiaA> roooun r.a. a a is Fbrm 3039 1/01 6K 1871 PG4, 815 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity In the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might signiHcanty exceed the cost of insurance (rat Borrower could have obtained. Any amounts disbursed by Leader under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall Include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Leader 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 Properly, if the restoration or repair is economically feasible and Leader's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Insurance proceeds until Lender has had an opportunity to Inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Leader may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires Interest to be paid on such Insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fed 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 (he 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 Me, negotiate and settle any available Insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance curter has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event. or if Lender acquires the Property user Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to say insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Properly. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. . ? 09 VMRe(PA) pwm Paw i ur le Form 3039 1101 8K 187 1 PG481 6 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees In writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protects of the Property, Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it Is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid In connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only If Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or In a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower Is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If It has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, durbrg the Loan application process, Borrower or any persons or entities acting al 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. Protection of Lender'a Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants sad agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Leader's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a hen which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned die Property, then Lender may do and pay for whatever is reasonable or appropriate to prow Len's interest in the Property and rights under this Security Instrument, Including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security lostnnnent: (b) appearing in court: and (c) paying reasonable attorneys' fees to protect Its interest to the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Properly includes, but Is no limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous renditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Leader does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender Incurs no liability for not taking any or all actions authorized under this Section 9. anaas? VMRB(Pr) (Doom Pp" a of 16 Form 3039 1101 BK 187 1 PG481 7 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. 'these amounts shaft bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold. Borrower shall comply with all the provisions of the lease. If Borrower acquires fee tide to the Properly, the leasehold and the fee tide shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage Insurer that previously provided such hnsuramrce and Bortower was required to make separately designated payments towui the premiums for Mortgage insurance, Hortower shaft pay the premiums required to obtain coverage subsfantlafty equivalent to the Mortgage Insurance previously In effect, at a coal substantially equivalent to the cost ro Borrower of the ortgage Insurance previonsly In effect, from an alternate moorr1ggaaggee insurer selected by Lender. if su6stmtlafty equivalent Mortgage Insurance coverage is not avaiable, Borrower shall oxutlnue to pay to Leader the amount of the separately designated payments that were due when the insurance coverage ceased to be In effect. Lender wftl ac tax and retain these payments as a non-refimohnble loss reserve In lieu of Mortgage Insurance. Such loss reserve shall be non-mfundable, notwithstanding the fad that the Loan Is ultimately pall in fall, 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 aced for the period that Lender requires) provided by an insurer selected by Leader again becomes available, is obtained, and Larder requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance In effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends In accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay Interest at the rate provided In the Note. Mortgage Insurance reimburses Lender (or any entity duo purchases the Note) for certain losses it may incur If Borrower does out 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 drat share or modify their risk, or reduce losses. These agreements are our terms and conditions that are satisfactory to the mortgage insurer and (be ether party (or parties) to dies Is' These agreements may require the mortgage lowrer to make paymahts using any source of ddss that the mortgage hsu?er may have available (widd may Include finds opined from Mortgage insurance premiums). As a result of these agreements, Leader, any purchaser of the Note, another Insurer, any reinsurer, any other entity, or any affiliate of any of the foregoln?, may receive (directly or indirectly) amounts that derive from (or might be characterized is) a portion of Borrower's payments hr Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. if such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the hum, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loon. Such agreements will not Increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. VMRB(PA) Wma) Pop 9 a der Form 3039 1101 8K 1871 PG4818 (b) Any such agreements will not affect the rights Borrower has - if any - with reaped to the Mortgage Insurance under the Homeowners Protection Ad of 1999 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair cases restoration period, Leader shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportuokty to inspect such Property to ensure the work has been completed to Lender's satisfaction, providded that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration In a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires Interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Leader's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Inswmem, whether or not then due, with the excess. If any, paid to Borrower. Such Miscellaneous Proceeds shall be applied In the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, If any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property In which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking destruction, or loss in value, unless Borrower and Lender otherwise agree In writing, thesums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by die following fraction: (a) the total amount of the sums secured Immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property Immediately fore the partial taking. destruction. or Ions in value. Any balsam shall be paid to Borrower. In the event of a partial taking, destruction, or loss In value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss In value Is less than the amount of the sums securW Immediately before the partial taking, destruction, or loss In value, unless Borrower and Lender otherwise agree In writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or If, after notice by Leader to Borrower that the OPPcataB Party (as delLad lo the next sentence) offers m make as award lo xtile a claim fa damages, Borrower faits m respond lo lender within 30 days after the date the notice is gluon Lender rs authorized to collect aid apply the Mt+ceBaaeons Proceeds dther to restasatloo or repair of Uhe Property or to the sums secured by this Savriry Iastrnmeat, whether a not then due. "Opposing Duty" macs the third parry fret owes Barowa Miscellaoeons Proceeds or the party agakest whom Borrower has a right of action rn regard to Miscellaneous Procuxds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that. In Leader's jwlp o(, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower an cure such a default and, if acceleration has occurred, reinstate as provided to Section 19, by causing the action or proceeding to be hi,ft -119D VMRe(PA)pow) PpP10a16 Form 3039 1101 BK 187 1 PG4819 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material Impairment of Lender's Interest in the Property or rights under this Security Instrument. The Proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Leader Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shag not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Leader in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude tike exercise of any right or remedy. 13. Joint and Several Liability, Coargnera; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and I lefty shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute (be Note (a "co-signer"): (a) ta co-signing this Security Instrument only to mor", grant and convey the co-signer's interest In the Property under the terms of this Security Instrument ) b not personally obligated to pay the sums secured by this Security Inkstr u tent; 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 the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obll¢atlom under this Security Lstrnment In writing, and is approved =not shall obtain all of Borrowers right and bmeBts ender this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender +?ees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Leader's Interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees.??ro--p-r-r-+y inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower dull not be conserved as a prohibition on the charging of suck fee. Lender may non charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Line m Is subject to a law which shier maximum tom charges, and that law Is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Lou 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 auras already collected from Borrower which exceeded permitted limits will be reftmded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a re6md reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or non a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. AD notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to VMRa(PA) mom Pay" 11 "/ 16 Form 3039 1101 BK 1871 PG4820 have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's lunge 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 InsWment at any one time. Any notice to Lender shall be given by delivering it or by milling it by first class mall to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severabilily Rubs of Conatructien. This Security Instrument shall be governed by federal law and the law of the Jurisdiction in which the Property is located. All rights and obliggaations contained in this Security Instrument are subject to eny requirements and limitations of Applicable Law. Applicable Law might rxplldtly or impfiddy allow tice parties to agree by contrail or it might be silent, but such silence s 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 coaflid shall not affect other provisions of this Security Instrument or the Note which an be given effect without fire conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter wads or words of the feminine gender; (b) words In the singular shall mean and include the plural and vice versa; and (c) the wad "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note anti of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, Including, but not limited to, lase 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 tide by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural pawn 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 an= seared by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums sedated by this Security Instrument. If Borrower falls to pay these sums prior to the expiration of this period, Lender may invoke any remedies per nided by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Rematate After Accebradon. If Borrower meets certain auditions, 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 par Cant to any power of sale contained in this Security Inswment; (b) such other period as Applicable Law might specify for the termination of Borrower's fight to reimiste; or (c) entry of a Judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pa Lender all sums which then would be due under this Security ,ys Instrument and the Note as if no acceleration had occurred: (b) dues any default of any other covenants or ,*,kJDb VMRO(PA) tappet ppe r2 err rs Form 3039 1101 OK 187 1 PG482 I 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 as Lender may reasonably require to assure that Lender's Interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check Is drawn upon an Institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply In the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrumeno can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Serviar. the address to which payments should be made and any other infarnation RESPA requires in connection with a notice of transfer of servicing. If the Note Is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an Individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of. this Security Instrument, until such Borrower or Leader 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 certahh action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are thou 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, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde and radioactive materials; (b) "Environmental Law". means federal laws and laws of the Jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" Includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" mans a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. MAW 100 VMP6(PA) mm pp",3of 16 Form 3039 1101 BlJ 1871 PG4822 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything.affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Con on, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the resence, use, or storage on the Properly of snalis 1 quantities of Hazardous Substances that arc generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including. but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory, agmry or private party involving the P rty and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge; (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower lams, or Is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower sball promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cimaonmp NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lmder shall give notice to Harrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Leader shall notify Borrower 4 among other things: (a) the defrsk; (b) the action required to care the default; (e) when the default must be cured; and (d) that faibhre to cure the default as specified may remit in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Leader shall further infarm Harrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-oziStmoe of a dcfauk or any other defense of Borrower to acceleration and foreclosure. If the default is not cared as specified, Leader at its option may require inumedfate payment in fall of all sums secured by this Security Instrument without further demand and may foreclose this Security instrument by judicial ocaeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided ht this Section 22, mcladmg, but not limited to, attornays' few and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument Z a the estate conveyed shall terminate and become void. After such occurrence, larder shall discharge a satisfy this Security Instrument. Borrower shall pay recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only If the fee is paid to a third party for services rendered and the charging of the fee is permitted coda Appiiwble Law. 24. Waivers. Borrower, to the extenpermitted by AAppppliable I ., waives and releases any error or defects in proceedings to enforce this Security instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a shaffFs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the deb( secured by this Security Instrument Is lent to Borrower to acquire tide to the Properly, this Security Instrument shall be a purchase money ono 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable a er a j ent Is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from me to time under the Note. _010 VMR6(PA) caooa ran. 14 a 1e Form 5099 1/01 8K 1871 PG4823 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 it. Witnesses: -wlt w -WIMM (Seat) (Seal) J DO -Borrower -Borrower -Borrower -.. -Bormwer Borrower -Borrower (Seal) f g-l) -Bormwer -Borrower VMPRS(PA) mooa) v.q. is ar 1e Form 3039 1101 8K 1871 PG4824 Certificate of 77 de C• F0 ?i' - ?e do hereby certify that l1) 11 I, the correct address of the within-named Mortgagee is 401 Plymouth Road, Suite 400, Plymouth Meeting, PA 19462 Witness my hand this 2 b day of Tom., .- 2. u u Agent of Mortgagee COMMONWEALTH OF PENNSYLVANIA, CU--t4-&W0-4r1(- Count' ss: On this, the a§K day of Z0 0 before me, the undersigned officer, personally appeared JEFFREY DOYLE (mown to me (or satisfactorily proven) to be the pawn(s) whose name(s) is/am subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my had and official seal. My Commission Expires: tJOtarial .`,c;J fiebshah geauz, Nalery Ply IlenPd?T'NP.. Q,n?haflaal Cain qft Expires 1Mx112t, 2000 ? PenraY«a?iaAaaodaaoaatJdaAaab-fan??Li,?l tAambec tc Title of Officer HY Spb Pp. 15.f 16 Fam19039 1101 VMRB(PA) iaoosl ll,is to be recorded r Cu,?, _. .11.d CGliil(y PA i j Recorder of Deeds 8{(1871 PG4825 EXHIBIT "C" RI CBERT F. ZIEGLER C ;Ei,OZGch OF CcCDS WHEN RECORDED NAIL TO:. ' ., {~ t! ' ,:; ? _ltt! L1 I' y FIDELITY NATIONAL-LPS PA BOX 19523 2064 GEC 28 Rai l l lei 1RVIO E, CA 92623-9523 MOREQAEC Parcel No.: Loan Number: A4060691 31?U7Q 3% Assignment of Mortgage For uc received, Wilmington Finance, a division of AIG Federal Savinga Bank the holder of a Mortgage (herem ") whose address is 401 Plymouth Road, Suite 400 Plymouth Mooing, PA 19462 does hereby Grant, sell,;aesig% trander, and convey, unto MorEqulgp, Inc. . a eorpora#on organized and existing under the laws of Nevada (heroin "assignee"), whose address is 5010 Carriage Drive Evansville RV 47775 , it ccrtaia ortgsge dated 6/2=M , made and executed by :11 TREY DOYLE, Whose_ address is 635 LEREW ROAD RMG MUNGS, PA 17007, to and in favor of Wilmington Finawc, a division of A10 Federal Savings upon the following desrxibed property situated in CUMBERLAND county, STATE OF PENNSYI.1VANIA SEE COM$LBTE LEGAL DSSCRWn0N DWRI$ED IN K*Mrr "A" ATTACHED HERETO AND MADE A ART HEREOF, Such having been given to secure a payment of ONZ RED FIVE THOUSAND AND N01100 (5165,000. ) which M0 ge is of record in Book, Vohum, or Libor No. at page U'%I Q (or as No. ) of the records of CUMBSUAND corroty, STATE OF P13NNSYLVANiA. together with the note(s) and obliPorto m tbcrein desedlmd and the amay due and to becom due t wow with interest, and all rights aarned acem under such Mortgage. ??oi? 'f?eC ??? l p y This docunx= prepared by Wilmington Finance, a division of AIG1 Federal Savings Bank, 401 Plymouth Rd, suite 400, Plymouth Meeting PA 19462 BOOR 71.1 PAGE 542 ?I 07/09/2008 8:41:37 AM CUMBERLAND COUNTY Inst.# 200451804 - Page I of 3 TO HAVE A? D TO HOLD the same unto Assignee, its succe and assign forever, subject only to the terms and conditions of the above-described Deed of Trust . IN WITNESS WHEREOF, the undersigned Assignor 16, 10127/2004 Wilmington Witness Kristin Alexander r ofDeed of Trust on AIG F av Bank Stephan G. DeBlasio Assistant Vice President I Commonweawstate of Paunsyivania Cow" of Mootgomcry On the 21th day October, 2004 before me, Anthony I. Bompadre, the undersigned offkwe personally appeared StepIIten Q. DeBlasio who acknowledged himself to be theAssistant Vice President of . Wihnington Finance,A divWon of AIG Federal Savings Bank, a corporation, and that be, as such Assistant Vice President, being authari* to do so, executed the foregoing kwumeot for the purpose therein contained, by signing the name of the corporation by himself asAwiatant Wee President, In witness whereof I hereunto set my hand and official seal. 6,14L-, YLV COWAORNRAMOF NDIMtaltlwt kd cnyd. BanPndw. NDWYPJ* F%jTXxnu T%6 M 1G&A l C=* MyCerar?tlstDnEfpMswgapt 13.gDDg M.mwr. PannsMrw?a Aaodatioa aNovA« BOOK 71 4 PAGE 543 ?I 07/09r,M 8:41:37 AM ! CUMBERLAND COUNTY InsL# 200451904 - Pape 2 of 3 EXHIBIT A ALL THAT ?CEttxAIN..tmct: of land. with. `the iR mrirernents' thorwo _ creed siNsta_tn 5oasth.M?dlatoai Township. `frnbcrland Coinry, 0cr?sylvaiiia; ba dod a d?scribaxi as:follows, to wit: G1NN N at a' utt'. in tha Ater of a aTIPA. rosy. te!aaid?iirg frtrM. Mount. Holy Sptitigc.ta 8as}u?g tir?gg, whath poi4t is 5,5 fart Fit of tam aaoi'or f OMWAY. of 61l3am ~Iaplcyj-- thcaco by fo ad Tow of fob#.y of 1*tT& -0 Nag and wi& 2+foa h* 4' X314 ?eg1 , a<> rsta?ace :Of 3 : a? ? or i?ss. t?:a? i t;Iclli :ofl trsacwVr.fon0ierly:of• i rt r. faatz .ti>edae. j±': id; tui now; or fortsxiasly 'tit C#i?ilcs tHcxfft&, . South .7.1: T14 dC i s ES?L a rlt tancc of Ib8,' : 'a?i;tb`?m 7?ti t: iii :o no±?? tir':fpi I?rof r r ?+. c?r;t iYCe"by said{{tand nom or f¢nnlcrly v llite?iv i ttiaf S pN?: !4 dngroaa Wait a distance ot`b#!7 ieat.itS a ancentier:tin of said publiq rouF teico the aalttr ?:.:....:... Y. A*: of ?sid: gyA Tic u4& y 45. de6k -it ?iaug>tre n? :t _+tn ???? r, . ,;?, ;..; I Certify this to be recorded In Cumberland County PA RRf•nrrtPr nfiT1P?r?S BOOK 714 PAGE 544 07103!2008 6:41:37 AM CUMBERLAND COUNTY I AL# 200451904 - Pape 3 of 3 f:XHIBIT "D" i ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in South Middlet n Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of a public road leading from Mount Holly Springs to Boiling Springs, which point is 550.5 feet East of land now or formerly of William S. Eppley; thence by land of Finley B. Negley and wife, North 46.75 degrees East, a distance of 572 feet, more or less, to a point in the line of land now or formerly of Charles Mentzer; thence by said land now or formerly of Charles Mentzer, South 71.25 degrees East, a distance of 168.3 feet to an iron pin in line of land now or formerly of Mervin Etter; hence by said land now or formerly of Mervin Etter, South 46.75 degrees West, a distance of 647 feet to a point in the center line of said public road; thence by the center line of said public road, North 45 degrees West, a distance of 150 feet to a point, the place of B?GINNING. CONTAINING 150 feet in front of said public road and extending in depth along the Eastern line a distance of 647 feet along the Western line, a distance of 572 feet, more or less, and havinjg a width in the rear of 168.3 feet, more or less. BEING improved with a residential dwelling known and numbered as 635 Lerew Road, Boiling Springs, PA 17007. BEING the sarhe premises which Debra L. Jones and Robert Felstein, husband and wife, by their deed dated August 24, 1999, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 207, Page 675, granted and conveyed unto Matthew C. Baumgartner and Celeste T. Baumgartner, husband and wife, Grantors herein. PARCEL IDENTIFICATION NO.: 40-11-0286-020 CONRTOL #: 40001345 EXHIBIT "E" May 6, 2008 Jeffrey Doyle 635 Lerew Rd Boiling Springs, PA 17007 ACT 91 NOTICE TAKE ACTION TO SAVE Y The HOMEOWNER'S MC your ¦ Complete items 1. 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the maiipieci or on the front if space permits. 1. Article AdQtessed , to: To see if HEM. COUNSELIN AGENCY V4 ? 31S A. X Q Agent a of [ 4byb ( Printed H ) C. D. Is?(d it Item J? o kY Ifl, ?8ellya? t7?3 No SERVICE 3. Soy1ce Type 'rtifled Mail ? Express Mail _ CA 1-? ? Registered ? RetumReceiptforMerchandise The name ad ess and hone S h p, S ? Insured Mall ? C.O.D. listed at the eniii of this Notice ` eri a' Restricted IWIVW? ra=m F+t Yes Agency toll fre at 11800-342.2 A n This Notice contains imp 109" r Consumer Credit Counselit. PS F ___ •_ _ ....... attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUARG VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACI N OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (P SYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCION O ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO " OMEOWNER'S EMERGENCY MORTGAGE ASSIST " PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERI Postal CERTIFIED MAIL R(FICEIPT HOMEOW) ER'S NAME(S): Jeffrey Doyle rn (Domestic mail only; No insurdnce Coverage Provided) PROPERT?' ADDRESS: 635 Lerew Rd -11 LET 5 E Boiling Sprinru C I ru 1-n Pge $ LOAN ACLT. NO.: 3267238 ? ee ? C3 ee HImerk ORIGINAL LENDER: Wilmington O d) C3 eee CURRENT LMorEquity (Endorsement Required) ,XI Ln Total Postage & Fees $ ru i o er' 2- o --- gy?er Apt:7Yo.: E3 1171 d;,;;??.:rx. i HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE4SSISTANCE 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. TEMPORAR STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on our 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. CONSUMER REDIT COUNSELING AGENCIES - If you met with one of the consumer credit counseling age cies listed at the end of this notice, the lender may NOT take any further action against you for thirty (30) ys after the date of this meeting. The names addresses and telephone numbers of at the end oft s Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately o 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 Oand are unable to resolve this problem with the lender, you have the right to apply for financial assis nce from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to a Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (10) days of your face-to-face meeting. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by ffie Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agen y 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. NOTES IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PRUPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filejd bankruptcy you can still apply for Emergency Mortgage Assistance). HOA TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date), NATURE OF IHE DEFAULT - The MORTGAGE held by the above lender on your property located at: 635 Lerew Rd Boiling Springs, PA 17007 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) Number of Payments: 3 b) Delinquent Amount Due: $3259.86 c) Late Charges: $136.62 d) Recoverable Corporate Advances: $0 e) Other Charges and Advances: $0 f) Less funds in Suspense: $0 g) Total amount required as of (May 6, 2008): $3396.48 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: HOW TO CUkE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3396.48, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified checl or money order made payable to: REGULAR MAIL MorEquity 600 N. Royal Ave Evansville, IN 47715 Phone Number: 1- 800-205-8640 Fax Number: 1- 812475-7235 You can cure my other default by taking the following action within THIRTY (30) DAYS of the date of this letter. IF YOU DO OT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of his Notice, the lender intends to exercise its right to accelerate the mortgage debt. This means that th entire outstanding balance of this debt will be considered due immediately and you may lose the chance to ay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to IF THE MOR GAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include our reasonable costa. If you cure the default within the THIRTY (30) DAY period, you will not be OTHER LEN ER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all they sums due under the mortgage. RIGHT TO C E THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THI TY (30) DAY period and foreclosure proceedings have begun, y u still have the rip ht to specified in b the lender and b performing an other r uirements under the mort a e. Curing your default in a manner set forth in this notice will restore your mortgage to the same position as if you had never de fa lted. EARLIEST P SSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately Five (5) months from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the am unt 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 COI TACT THE LENDER: Namj of Lender: MorEquity Add ss: 600 N. Royal Ave Evansville, IN 47715 Phone Number: 1- 800-205-8640 -i Fax umber: 1- 812475-7235 Cont ct Person: Loan Resolution Department EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's 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 Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or XXX may not (CHECK ONE) sell or transfer your home to buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SEA L THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIME$ IN ANY CALENDAR YEAR.) TO A$SERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO A$SERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. By: MorEquity Collections Department NOTICE REQUIRED UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1601 (AS AMENDED) THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA. CON. STAT. ANN. § 201, ET. SEQ. ("THE ACTS") INASMUCH AS THE ACTS MAY APPLY, THIS NOTICE MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Pr...NSYLVANIA HOUSING FINANCE AGEI. 1 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY CCCS OF WESTERN PENNSYLVANIA INC. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 URBAN LEAGUE OF METROPOLITAN HARRISBURG 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 COMMUNITY ACTION COMM OF THE CAPITAL REGION 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX 234-2227 FINANCIAL COUNSELING SERVICES OF FRANKLIN 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YWCA OF CARLISLE 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 ADAMS COUNTY HOUSING AUTHORITY 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 p v V, a _ CA-) PARKER MCCAY P.A. By: Christine A. Pinto, Esquire Attorney ID# 205622 Three Greentree Centre 7001 Lincoln Drive, P.O. Box 974 Marlton, NJ 08053 (856) 596-8900 Attorney for Plaintiff, MorEquity, Inc. MorEquity, Inc., 600 N. Royal Avenue Evansville, IN 47715 Plaintiff, Vs. Jeffrey Doyle 635 Lerew Road Boiling Springs, PA 17007 Defendant(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY : JULY TERM, 2008 : Case No.: 08-4425 : CIVIL ACTION : MORTGAGE FORECLOSURE PRAECIPE TO SETTLE, DISCONTINUE AND SATISFY TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please withdraw Plaintiffs Complaint for Mortgage Foreclosure and mark same satisfied and dismissed. PARKER MCCAY, PA Dated: July 28, 2008 By; Christine A. Pinto, Esquire Attorney for Plaintiff CIO rat co c-n w SHERIFF'S RETURN - REGULAR CASE NO: 2008-04425 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MOREQUITY INC VS DOYLE JEFFREY RONALD E HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DOYLE JEFFREY the DEFENDANT at 0012:40 HOURS, on the 28th day of July , 2008 at 635 LEREW ROAD BOILING SPRINGS, PA 17007 by handing to JEFFREY DOYLE DEFENDANT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Vb1lor (?- 18.00 6.00 .00 10.00 / .00 •,/ 34.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 07/29/2008 PARKER MCCAY By: Deputy She iff of A. D.