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HomeMy WebLinkAbout08-4936 SHAPIRO & DENARDO, LLC BY: CHRISTOPER A. DENARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 ILANA ZION, ESQ., ATTORNEY I.D. NO. 87137 ? 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 08-033115 PLAINTIFF. VS. Curtis J. Johnson 411 Mountain View Road Mount Holly Springs, PA 17065 DEFENDANT(S) Wells Fargo Bank N.A., Trustee for Carrington Mortgage Loan Trust, Series 2006-NC3 Asset Backed Pass-Through Certificates COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: D8 - N93Co Ci v i l Iern COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE 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 DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 SHAPIRO & DENARDO, LLC BY: CHRISTOPER A. DENARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 ILANA ZION, ESQ., ATTORNEY I.D. NO. 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 08-033115 Wells Fargo Bank N.A., Trustee for Carrington Mortgage Loan Trust, Series 2006-NC3 Asset Backed Pass-Through Certificates PLAINTIFF VS. Curtis J. Johnson 411 Mountain View Road Mount Holly Springs, PA 17065 DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 08-_ 1/93 COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Wells Fargo Bank N.A., Trustee for Carrington Mortgage Loan Trust, Series 2006-NC3 Asset Backed Pass-Through Certificates, the address of which is,1610 E.St. Andrews PI #B 150 Santa Ana, California 92705, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: New Century Mortgage Corporation Mortgagor(s): Curtis J. Johnson (b) Date of Mortgage: June 1, 2006 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Mortgage Book 1954 Page 33 Date: June 8, 2006 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assi ents: Assignor: New Century Mortgage Corporation Assignee: Wells Fargo Bank N.A., Trustee for Carrington Mortgage Loan Trust, Series 2006-NC3 Asset Backed Pass-Through Certificates Date of Assignment: July 19, 2008 Recording Date: June 26, 2008 Instrument #200821574 2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by virtue of the above-described Assignment(s). 3. The real property which is subject to the Mortgage is generally known as 411 Mountain View Road, Mount Holly Springs, Pa 17065 and is more specifically described as attached as part of Exhibit "A": 4. Each Mortgagor named in paragraph 1 executed a note as evidence of the debt secured by the Mortgage (the "Note"). A true and correct copy of the Note is attached and marked as Exhibit "B." 5. The name and mailing address of each Defendant is: Curtis J. Johnson, 411 Mountain View Road, Mount Holly Springs, PA 17065 6. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 7. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of February 1, 2008 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 8. The following amounts are due as of August 16, 2008: Principal of Mortgage debt due and unpaid $68,586.81 Interest currently due and owing at 9.413% per annum calculated from January 1, 2008 at $17.69 each day $4,051.01 Late Charge of $28.91 per month assessed on the 16th of each month from February 16, 2008 to August 16, 2008, (7 Months) $202.37 Escrow Advances made by Plaintiff $573.02 Title Search/Report Fees $250.00 Attorneys' Fees and Costs $3,429.34 TOTAL $77,092.55 9. Interest accrues at a per diem rate of 17.69 each day after August 16, 2008, that the debt remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other expenses, costs and charges collectible under the Note and Mortgage. 10. The attorneys' fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriffs sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. 11. This interest rate is subject to adjustment as more fully set forth in the Note and Mortgage. 12. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et M., was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Pursuant to the act of December 21, 1998 (P.L. 1248, No. 160) (Act 160), this Notice contains the information required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P.S. Section 403 et seq., and separate Notice of Intention to Foreclose is not required. Copies of the Notice are attached hereto as Exhibit "C". WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendant, in the amount set forth in paragraphs 8 and 9, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. SHAPIRO & DENARDO, LLC Date: E BY: Attorneys for S & K File No. 08-033115 lu:zvam Pram- . 7 .?' Prcpacci BY. "20 ??- j /b-7t F.0081029 F-878 s"GGS JUN 8 PM 2 GO Nair cwt 19400 vonr Nast g. CO?4ktion •, G g 2• at* 1000 _ 800-967-7623 Rewrm T.. 1 p?= xo=o 9 Cosppsyktioa Irft", Ch 92612 r Ste 1000 800-967-7623 ParcelNnm?; Ftaniaest 411 ifountain V9.45,r ltd 00-33-1936-Q12A uT» J2otty 8psi 1SWcRA6avs Y'8is;JnrFcrAeco.*4[ 7Jsmr] DE1N"IONS MORTGAGE ds used in mnldple sections of ttis o Sft 'do= 3- 1 rd'i Used 1 i, mult(P L6, Z2. ? 1'tam?o w Wor rat my d belowf and atLer also prflvided in Smaon ids We deli ? o u'Q+'ds usrd in this doc?m?? are (d) "Secteti tQ94 r W'thad ? d d4autnepk Well is dated ,tm,w 11 2006 (H) "Bor"Wer" is ?Ir fttt4e a Johaaear Bonou,E. is the c0° m under (C) I+e 6e, is Wwr ' f rwrttnsy xarig41? Lion Leader is a Carpov&t an W0 ; 51nAle FemAy. .data 1fa4grddb Moe UMAXW IN87pUMWMT 1008171426 Pw t of if Form $470 1101 u+Wt"- VMP MWiXOs Sd,Ifo,tj4 it¢ (9pp17Z7.7?01 elt1954PG0033 06/11/2008 1();57;07 AM cUMSERCqw can, Ins,# 2M20154 - Page 1 o1 a *416, A? 1 [ ?? 1. Jun-11-2008 10:32am Fran- T-T21 P.000/020 F-878 organized and existing under the laws of calitozta Lemdee's address is 18600 Van leazmaa, suits 1000, :Ezvin•, C1l 92612 Lcader is the mortgagee under this Security Iintrumcat. (D) "Nate" mesas the pramiasary note signed by Borrower and datcd J=a 11 20116 The Note states that Bwowes owes Lcodcr SXXrx-Km 3'HOtJBAM TMM H=RiD AND 00/100 (U.S. $ 69, 30a . 00 } plus interca. Boqowcr bas promised to pay this debt in regular Periodic Payments and to pay the debt in full net later than 07/01/2036 (l) "Property" means the property that is described below under the heading "Transfer of Rights in the p hwrrt y R (I) 'Imad means the debt evidenced by the Note. Plus interest, any preMocat charges ad late charges due under the Nate, .and all sums due under this Security Instrvaneat, plus ituesest. (f'), "Alders" means all Riders to this Security fostivment that are executed by Borrower. The following Riders are to be executed by Borrower f ebeck box as applicable]: Adjustable Bate Rider Condominium Rider Second Haas Rider Batioon Rider R Planned Unit Devetopmwt Rider 1.4 Family Rider El VA Rider ? Biweddy Payment Rider other(s) I>p r] Prapaysoant: Rids asst ltid*r atddaiaduati (H) "Appacabla low" mesas all controlling applicable federal, stone and' loa:l 'swdes; regulations, ordinances and administrative rules and ardars (that have the effect of law) as welt as all applicable Oral, ton-appealable vdi iA opinions. (n "Commmelty Asso0milael Duerr, Foes, sad Assessments" wean all duet, fees, ammsmepts and other clSaorges that we imposed on Borrower or dw Property by a condominium association, bameowners assaciatiam or simlar organization. M "Be ctroWe Vwxdda Transfer" means any transfer of funds, other than a traose dm originated by ahcck drab, or aimiler Papa went, which is initiated tlro0gh an dede+enie terminal, tdapbonic inskumaat, computer, or magnedo tape so as to order, iostraa, or authorize a lwcociel institution to debit or aredit an account. Such rpm iuchudes, but is not limited to, pointwf-sale treturs, moms W tiller machine trams duds, transfers Initiated by telephone, wire trmrafete, and automated darn house transfers. (10 "Escrow Itdaa" means those items that are described in Section 3. (L) '%fisodlanean Prseeeh" mans amy compensdion, setttemcut, award of damages, or proceeds paid by any Mil, parry (othcr lhaa. in:aaooo ptocaeds paid under the Bova ilp described in Section S) far: (i) dm W to, or destruction of, the Prapezty; (it) condemnation or other Wdug of all or any part of the Propod r, (Ih)coaveyanee iu Vries of cwwcmtmtiom; or (iv) ?na ac or omhmiams as to, the value =&Or cxrUNDm Of thV Pmparty, " ge Im umce" mama insurance protecting Lcnda against the nonpayment of or de&Wt o», tho LM M) "ftr"c Payment" meets the regularly scheduled amount due for (1) prlneipat and interest under the Note, plus (i) sty amounts under Serum 3 of this Security Instrownt. 1008171426 kftIM &= ;4ft-41PA) Pew30111 Famr 3020 1101 BK 1954PGO034 06M IMMS 10:57:07 AM CUMBERLAND COUNTY IMOW 200620154 - Pape 2 or Z Jun-11-2008 10:32am From- T-721 P.010/020 F-678 (O) "RESPA" meats the Real Estattc Sadement Procedures Act (12 U.S.C. Section 2601 ct seq.) and its implamandug regulation, Regniadon X (24 C.F.R. Part 3500), as they might be aaicaded from dwo to time, or any additional or soecessor legislation or rsgubafoa *d governs the some subjast mattes. As used in this Socm* Insonunrns, "RESPA" rafts to all raquimments and rasb:iad= that are imposed in regard to a "fcdcrally rehuad ramlgsge loan" even if the Loan does not qualify as a "fed=Wly related mortgage loan" under RESI'A. M "Summor In Intrrast of Bomwee t»raa9 soy party that has takes title to the Property, whether or not that patsy bas assumed Bat rowees obligations under the Note =&or this Security Inshvine tt. TRANSFER Of PYGHTS IN THE PROPERTY This Security iostrttmcnt seances to Lender. (i) the repayment of the Loan, and all renewals, cdcasions and m4ftsbons of the Note; and (ii) the perfonnsace of Borrower's covwa= and agrcsintaiw under this Sesurlty Instrument and the Note: for this purpose, Borrower does beraby mortgage, grant and convey to Lender the following described property locow is the country (Type erltaeanike Tart admi of Cumber, snd (Nom" of Beeadma]u<Wadedl: Sao Legal Daaeription Att:aghed Harald and aaads a Part Hersoi which currently has the addrrss of 411 Xomt&Ln Vier ltd 1a?1 lttewmt golly springs lcttyy PeratsyW2nIa 17063 l4 Caael ("Propaty?Addrm-s"): TOMEM WI'Mf WI the Improvemetda now or hemft erected an &a property, and all eaa meats, qpurvivencM and feat! m now or heratfter a pad of the property. All r"hicauema and ackiitmns shall also be ooverad by this Security Inwoment. All of the forcgomg Is referred to in Ihis Sewrity bKoumeat as the "Nap"." 100017 ,426 MINIM , . WiPAI104621 pgsa of 16 Am 3001 11at OK f 954PGO035 05111!2008 10:57:07 AM CUMBERLAND COUNTY (nut,#2aaVM4 - Page 3 022 Jun-11-2008 10:33aa From- T-721 P-011/020 F-6T8 BORROWER COVENANTS that $atrower is lawfully seised of the estate hereby conveyed and ben the right to mortgage, grant and convey the Property and that the Property is aucacumbured, except for eacunih mscrs of record Borrower warrants and will defood generally the tide to the Plop" against all claims and dcmaads, subjax to any a nctnnbtaaoos ofu cord THIS SECURITY INSMUMENT combines uniform covenants for »ational ase and non-uodfatm covenants with limited variations by jurisdiction to constitute a uniform scam* insoumeat covering real property. UNIFORM COVENANT& Borrower and Lender covenant and agree as follwn: 1. Paym=t of principal, Interest, liwmvr items, Prepayaamt C6arM and Late Charges. Borrower shall pay when doe the principal at, and interest on, the debt evidamcd by the Notc and any pmaymcat dwses and We charges due offer the Note. Borrower sba11 also pay fords for Escrow Items pursuant to Sa diori 3. Payment due under the Note and tuts Security 7ostruancut sball be made in U.S. currency. However, if any check or other instround received by Leak as payment under the Note or this Semrlty Instrument is Warned to Lender unpaid, Lender may rcquina that my at all evbso pad paymeats due twctet the Wate and this Secuity Instrument be aside in one or more of the following !arms, as acleeted by Lonnder: (a) cash; (b) money order, (a) oad led chock, book check, bcosa e s check or cashier's ebecl? provided any such check is drawn upon an institution whose deposits are insured by a fedora! agency, iustrameatWq, of entity: or (d) Eleetronie Funds Transfer, Payments am deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Leader in aaoordsuce with the naiice provisions in Section 15. Lender may return any payment or partial payment if toe payment or partial paymem are impciart to bring the Lana cmrfent land or may see* auy payoua or partial payment itsmfdeut to bring the Loan ctareot, witbout waiver of any rights bmwader or "dim to its Agar to n* w such payment ar partial payno is in the future, but Leader is not abligrtod to apply suck payments at the time such paymata are aceeptad. If aria Periodic Payment is applied as of its scheduled due data, then Leader need not pay interest on unapptted farads. Leader may hold such uaalupled funds until Botmwer makes payment to bring ft Loan coward. If Borrower does not do so within a reasonable period of that, Lender shall either apply such hods or re:tnen them to Burrower. If not applied raft, inch fonds will be applied to foe outstanding principal Woo under the Now hm a finely prior to foroaoimm No offset or claim whiab Boaawer might brave now er In the fntuarc against Leads "relieve Borrower from mddog payments doe under Me Note ad this SaanriW Instrument or parfoatoaing the covenant teed agteematts secured by this Security ln*u mat. I. ApPftdan of Paymeah or Proceeds. Except as otbervise described in this Section 2, all pdymcub wxqPW and applied by Lender shaR be applied in the following tmkr of priority: (a) interest due under the Note; (b) ptineipd duc under the Now,, (o) trot as due under Section 3. Stub prjowa s11111 be applied to each Periodic Payment is the order in which it became due. Any remsh ing amounts shall be aWled &A to Into charges.. second to any other amounts due under this Security Instrameru, and then to reduce the principal Won of the Note, if LerAer rw dvm it payment from Barowor for a delinquent Periodic Payment which includes a safEcieat mrromtt to pay cry late charge doe, ft payment may be applied to rho ddWgwd payment and the late charge. If ma rc than one Periodic Payment is oubt aadiag, Lauder may apply any paymmt received from BaTower to this rapaymog of the Periodic Payments K and to wbc aate:at drat, puce psymm on be t?.aiPA} rosarl Po" 4 «+a+ MAW Fo®sma imi 8K 1954PGO036 0611112008 10.67:07 AM CUMBERLAND COUNTY lraLN 200=154 • Fade 4 of 2 Jun-11-2000 10;33am From- T-721 P.012/020 F-676 paid in full. To the extent that any excess exists alter the payment is applied to the 6111 payment of one or more Periodic Payments, such excess may be applied to any lets charges clue. Voluntary prepayrmants shall be appfi d first to any prcpaymwt clual s and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to pftc pal due under the Note shall not extend or postpone the due date, or change the ammat, of the Periodic Payments. 3. Funds for Escww Rem& Borrower shall pay to Leader on the day Periodic payments and duc udder the Notes until the Note is paid In full, a sum (the: "Funds") to provide far payment of amonnts due for. (a) taxes and assessments and othor items which can attain priority over this Scxah'iity Instrument as a lien or ==nbmce in the Property; (b) leasehold payments at ground rants on the property, if W, (c) premiums for any and all insurance required by Leader wxkr Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrum to Leader in Heu of the payment of Mortgage Insurance premlaasus In acxadaucc with the provisions of Section 10. nest items are celled "Escrow Items." At origination or at any time during the term of the LwA bender may require that Camnamity Assmciativn Dues, Fees, and Assessments, if any, be escrowed by Barowcr, and such does, fees and assessments shall be an Escrow Item. Borrower shall promptly famish to Lender all Inures of amounts, to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Leader waives Barrowces obligation to pay the Fins for any or all Earauw lWLL Lender may waive Bertower's obligation to pay to, Lender funds for any or an Escrow Ituns at any time Any soda waiver may only be in writing. In the event of such waiver, Borrower shell pay directly, when and where payable, the amounts due for any Escrow Items fur which payment of Funds has been waived by Lender and, !f Lender requires, Shall fmaish to Lender reaelpts evidea ft such payment whim such time period as Lender may re q*& ?ar a ro covenant obligation to make suchpayments and to pravid4 Tac*b stall for'a11 `pur;xa m be cemied to comment mbiaW k this Seaunrity Instrament, as the pluaso covemrt and agreement" is used is Section 9. If Borrower Is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower flslh to pay the mmum duet for an Escrow Item, Leader way exercise its rights order Seaion 9 and pay such amount and Borrower shall then be obligated vader Se edon 9 to repay to 7 emnlc7c any such amount. Lender may revoke the waiver as w my at all Escrow Itetas at any time by a now riven in accordance with Section 15 and, upon, such sevopetion, Harrower A W pay to Landau all Funds, sad in such amounts, that are then required order this Sediom 3. Lender mal?, at any time, collat. sad hold Funds In tat amount (a) sufficient to permit LaradSr to apply the Funds at the time specified under RESPA, and (b) tot to axead the maximum ametwt a le nder can require under RWA. Lender shall eatimote the &mew of Funds doo an the busts of ecarrent data and reasonable estimates of expenditures of tint re'Escrow Items or adder im In aooorda>1ce with Applicable Law. The funds shall be held In an iastihdm wbow deposits arc insured by a fedoral saway, insreweatality. air cutity (including I.OOdc; If Lender is an Institution whose deposits are so faswed) ar in any Pedau d Home Loam Barak, Lender shah apply the Foods to pay the Escrow Ito" no late than the time spa dW under RESPA. Lender shall sat charge Burrower for holding and applying the Funds, unually the ands and Applicable Law pts?at verifyieg the Escrow s Leader mare aueb ? ? unless Lender n pays eoae interest on writing or Applicable Law ?' agi' t is ? sonde in wr ti ragaa;res imerest to be paid on the Funds. Lasoder shall not be required to pay Borrower any intered or mmings an the Funds. Bamwer and Leads can agree in writing„ however, that irate cast 1009171426 48WA) dosost e+m. a of 1n Foam sons 1101 OK 1954PGO037 OBM 112006 10:57:07 AM CUMBERLAND COUNTY taaattt 2110=154 - Page 5 of Z Jun-11-2008 10:340A From- T-721 P•013/020 F-676 shall be paid on the Funds. Lender shall give to Borrower, without charge, an amoral accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall necouat to Baowrr for the excess funds in avcardemee with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Leader :bail do* Borrower as regahed by RFSPA, and Banwer shall pay to Lander the amount necessary to make up the shortage is amordamca with RESPA, but in no more than 12 monthly payments. If there is a dedeianey of fiords bald in escrow, as defined color RBSPA, Lender shall notify Borrower as required by RESPA, and Borrower shell pay to Leader the amount necessary to make up the deficimey In accordance with RE WA, but in no more than 12 monthly paym ats. Ulan payment In full of all sumrs secured by this Security Instrument, Lender :ball promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessmatts, charges, Baca, amd impositions attributable to the Property which an attain priority over this $ecsu* Instrument; IcawkAd payments or ground rents on the Property, If any. and Community Association Dues. Fees, and Ammmeites, if ady. To the w tent that these items are Escrow Items, Borrower rbdl pay them io the manna provided in Section 3. Darrower shall promptly discharge any lien which has priority over this Security Inst a cat unless RwoWer; (a) agrees in writing to the putocat of the abligatioa secured by the lien in a manna accep*Wc: to Lender, but auly so long as Borrower is performing such agreement (h) watesh the lieu in good faith by, or dcfaads against a nfatcement of the lien.in, legal procec&W wbi6h to Lender's opinion opaxte to prevent the enfbroamart: of The lips Whk those proceedlap are peodmS but only tmttil such, proceedings are concluded; or (e) serums from the holder of thc lien an agreement satisfactory to L mdnr smbordlim ft the lien to this Security IasMxpaht:: i f Lepdcr ddmmincs'that aryl put of the: Prepai4y is subject io i lip which cm attain priority over this Seemrity I0trum=4 Lear may give Borrower a mobee idemifyimg the lien. Witbio 10 days ofthe data an which that notice is given, Borrower shall satisfy the lien or take one at dare of the arodor s set fordh above In this Section 4. i•Ailllr may SWIA a Bc mww to pay a one-time Charge for a real estate tax verification and/or reporting service used by Lender in connection with this Lone, 5- Prgperijr In wsomm R=dwer dull kccp the hnprovemeats now existing or hereaft ereded on the Property bumod aping lass by fiM War& dndU" within the term "extended eovenhge,° and any other hazards Including, but not limited to, eaiilt w&a and floods, for which Leader requires imsussace. This mrannee shall be m ustalned in da muounis (kdu ft dducd* levels) and t1;x• the periods that Lender rtxprires. What Lander regt = purwmt to the preceding saaeu eg can tdraoge during the term of the Loam The insuraaee carries Iaovid aS the iaaarance :bail be chosen by Borrower suitod to Leader's right to dsapprM Borrnwds ctboice, whWb tight sh ri not be exercised tuna o mbly. Lander may require Borrow to pay, in connection with this Loan, either: (n)'a onetima charge for Hood xoma deta'mkmFaa, cWti5catioo and backing services; or (h) a onetime charge ibr flood zone dotprniandon and ardficaton savku and s hKluent rbargas cub time fmxgV!aga or daOW cltangcx occur which reasonably might affect such d060aipstiom or you. Borrower shall also be raspeatdbla far tea payment of any Sees imposed by the Federal Emergency Mauer Agency in comeetioa with the review of any flood zone determination resulting From in objection by Borrower. 1000171486 tnturte 11/t4RPA3 MOM Pao $ d ha Foam =9 IMI ex 1954PG0038_ 06111rMW 10!57:07 AM CUMBERLAND COUNTY but # 2=0154 - Page 6 or x Jun-11-2009 10:36am From- T-721 P.014/029 F-078 If Borrower drum to mdaWn, any of the coveraga d g*dW shove, Lerida way obtain iasphanee coverage, at Linde es. option and Horrowee's expense. Leader is uadrr no obligaaaa to pareham any particular type or amount of coverage. Tbexefare, such eovarage shall cover Leander, but might or udsht not protect Boanwer, Borrawees equity in the Property, or the Contents of the property, modest nay risir, ba=d or liability and might provide grata or laser coverage than was previously in effbCt. Borrower acknowledge, that the cost of the inararc,: coverage so obtained misbt sisificantiy exceed the cost of insurance that Borrower could have obtained. Any amounts disbtased by Leander under this Section 5 shall be come additional debt of Borrower scoured by this S=R* Instrument. Theme amounts shall bear interest at the Now rate from the data of ftbutsemcut and shall be payable, with such Wt=4 upon notice from Leader to Borrower requesting payment. Ali tasuramee policies required by Lender and reanewals of such policies shall be subject to Leader's dot to disapprove such polloies, shall indude a standard mortgage clause, and shall uamc Leader a wortgagae and/or as an additional loss payee. Leader s1,.II lave the right to hold the polices and renewal ecrt{8cates. If Loader requires, Borrower promptly give lo Leader all receipts of paid prooke m and renewal noticem. If Balrowcr obtains may form of dagursace coverage; not olLerwise regWred by leader, 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 payees In the evmnt of loss, Bmtw*v awl give prompt native to the bl9wanee carrier and Lender. Larder may makc proof of lass if not made promptly by Borrower. Unless Londe ad Berrowar othawisc agree in writing, any fimumaeo proaecds, whether or not the underlying irmumt:c was required by Leader, aball be applied to restoration or repair of the property, if the restoration of repair is ommomicariy lin Wbtd and Lcadee3 security im not lessened. Deriag itch repair and restoration period, Loadee edmll have the right to tibid kkh iasiciyaii:e proceeds u?l Leniiarlios bad an opporpt* totWlpect'suudt property to ensure due work has been compicted to Lender's st fidil lion, provided *9 such inspeation. shall be undertaken, promptly. Leader may disburse procm& for the repaua cad to doradon in a single payment or in it serics of progress paymcnts sa Ibe3 wmt is completed. Uulass mm ogre- is mein iu wrdtuwg or Applicable Lw reuqukes dateremc to be paid op mach insumm procaoda, Leader shall not be regairod to pay Borrower any intereu or eauraipgm' an such promils. Fees for public &Vudem or other tbard parties, retuned by Borrower shall pot be paid out of the insurance proccods and etball be the sole chligsdloe of Hamwer_ If the restaradonn a repair is not eaoactalcall<y feetstble or Leader's meaty would be lammed, the insurance proceeds shall be applied to the sums acarad by this Secra* bttae>ime K whadw or not then due, with the atom if any, paid to Borrower. Sock insurance procceds sbetll be applied to the: order provided for in Section 2. If Borrower aboadons the property, Leader may tile, negotiate and made may available insuraaw claim and mated matters. If Ba wmor docs act lespead whWa 30 days to a nof= from Lead ee that the insurance eae Aar has offend to salt a claim, then 1<,eadrer may pogmbete and selde the clam The 30-day period will begin what the notice is given. In enlheir event, or if Leamlar acgaitms the Prape rly wider Section 22 at atherwisk Borrower hereby assdgua to Lender (tor 8atrooes riots to any hlgraaee prooeods in an amount not to exceed *a aeaouats unpaid under the Note or this Security Iammocut, and (b) espy odic of Borrower's rk$ is (other than the right to any refund of unearned p, Peal, nos paid by Batvwcf) undo r erll l awrance policies covering the PIropoW. iasofae as suet rigb is we appNomble to the coverage of the property. Lender may roue lure insurance: pro=* cutter to repair or resore ** Property or to pay amounts unpaid under the Note: or this Sccwuiry Awmate llik willdlicr or nakthm doe. 1006171426 anr?a ,? 4%4RPA) PM) Fy" 7,6t 15 Faroe 7136 trot B{ 1954PG0039. U8f11120ca 10:57;07 AM CUMBERLAND COUNTY Iamtill 200M54 - F*" 7 of Z Jun-11-2008 10.35ao Froaw T-721 P.016/020 F-878 & OcmprweY. Bactower shall ocarpy, establish, sad m the Property as Borrowees pdadpal residence within 60. days a[tcr the eummdoe of this Sorority Instrunmu anti shall contitma to occupy the Property as Rmowees prin*4 ceWcoee for at least one year after the date of oetatpaoay, unless Leader otherwise agrees in writing, wU& consent shall not be unreasonably withheld, or unless extenuating circumstmum exist which at beyond liioQOwees control. 7. Presermmilon, IftWenanee add Prolvedob of the Property; Inspections. Baaower shat! not destroy, da mW or impair the Property, allow the Property to domordo or commit waste on the Property. Whether or not 8crsower is residing in the Property, Borrower shalt msinta n the Property to order to prevent the Property from deteriorating or dearmsing in value due to its canditbon. Unlsss it is determined prmuumt to Section 5 the repair or restomtiou is not economically feasible, Boaower shall promptly repair the Property if datuj;ed to avoid further deterioration or damages if iuswance or condmmation proceeds are paid in connection with damage to, or the taking of; the Pcaperty, Barrowor. shell be responstile for repairing or mtorWS the Property 04y if Lender bee rVIOM d proceeds jar scab purposes. Lender may disburseproeeeds for the repaim sad restocatien in a sutgle payment or in a wits of progress pRyments as the wont is completmi If the ins wmm or caadanaaelon proceeds are not aeffraiem rest= the operty, Borrower is sot relieved of Borrower's obligation for the completion of such repair or Under or its agent may matte reasonable eaaries upon and inspections of the Property, if it has reasonable canes, Lcode r may inspect the interior of the iq=vemoots ao the property. Gender sbd l give Borrower notice at the time of or prior to such as interior inspection gwd*ing such reasomble cease. 8• Harrowers Lam Appllartian. Haaower shalt be to default if, during the Lou appliartion process, secure or &r persons br entities axing at the direvdoc of `Bonv~ver oc with Bar=owers Imowledgo a coosmt gave mgmialiy bt% misleaft or inaeanrate infim antion or ssaminents to Leader (or filled to provide Lmdw with material mftmahm) is coonechoa with the Loan. Material rcpramdttians include, but are not limited to, rapressentations concerning Harrower' a ocenpaacy of the Property as Baas principal renddeace. 9. Pratectloa of Larder's Toone In &e Property trod R%hu Uader *k Seeodly Iasgromatit. If (a) Burrower Mis to pe db m the covenum mud agreemmm comained is this Se mu ty boormma& (b) there is a 1gol pomading that ad& signifmay affect Leader's iutore " in the Property a fir this 5eoA* lmb mwt (such as ILF0000ft is , WObato, for roodcmratiom at Rz e, for eafareement of a lion which may attain prim* over thin Soourity hi t or to eaf m laws or reguldiousl m (c) Borrower has ebmicaed the Property, then Leader may do and pay for whatever is rmsa"We or apprtnpeiste to Pubmt, Leader's interest in the Property and Agbts under thin Security pact cft and/ar uscsm g the va m of am Properly, and = a w& W"r rgwbkg the Property. Le cur,. actions can ioa rode, but are not limited to. (a) pvms any sums set xw by a lien which bas priority over this Security Iastanmaa? (b) appearing is court; and (c) paying reasonable attorneys' fees to protect its interest in the property and/or rights undo this Sarxrlty hogmoat, kd dleg W memeed position is a bmbWtay la' g. Seatetiq the property iaobu&r,, but is not lht W to, =Oft tbu Property 10 matte repalcs, ohmage loch, rdp? or load up doors and windows„ drain water from IW, eta building or cow coda vWmioas or -i- IS- via aceditiorns, and bave odUdes turned ft or off. Although Leader RAW lain actin under this Section 9, Lender does lilt have to do so and is not uada any duty or obligation to do so. It is agreed that header incurs no liabtlfty for not tdidag coy or all actions authorized under this section 9. 1000171426 414MIU taws) ate. s att e ? Fv,a+ emu 't10t sit x 9 5 4 Pc o 0:4 0. 0611112005 10:67.107 AM CUMBERLAND COUNTY hut.# 200=154 . Pape 8 of 2: Jun-11-2008 10136am From- T-721 P.010/029 F-678 Any amounts disbursed by Lender uader ibis Section 9 shall become additional debt of Borrower secarad by this Security 1n9Wment. These amounts sbali hear iWerest at the Note rM Ham the date of dlibuarsement and shell be payable, with such interest; upon notice from Lender to Borrower requesting pent. if this Security Ynmumeat is on a leasehold, Barrowet shall comply with all the provisions of the tease. If Bomwet acquires fee title to the property, the Imseltold ad the he title shall not merge unless Leader agrees to the merger in writing 10..Mortgaga laauraarz If Lander required M° ce hmp ucc as is condition of malting the Lama, Borrower sball pay tba premiums required to maincein the ka*W lusaraac c in d1bc . It for any reason, the Mortgage Insurance coverage regtiaed by Leader cxsases to be available Sant to mortgage insures tbat previously provided such insu ream and Berroww was requited to molm separately designsted payments toward the premiums for Mortgage Inematax, gar°vwer shall pay the prratdums required to olftaia coverage z6 tantialty equivalent to the Moctgaga Insurance previoualy in Aug. at a oust substaatialiy equivalent to the neat to Bomwer of the Mortgage Insurance previously in et&Ct, ficia an uu c mortgage insurer selected by tender. if substantially eagnivaleat Mortgage Ip4tmuft coverage is not available, 1'JaWWW shall continue to pay to tender the amouurt of the separately desigasted payments that were due wins ibc insurance coverage erased to be in tdr*A Leader wM am" use and ro ain these paymeatt as it non-refaadable last reserve is lien of IWg 1W. Iusonsw- Saoh loss rescm shall be non-retcmdable, notwithstanding the fact that the Lam is u ldra dy paid In fail, and Leader :ball not be required to pay Borrower any interest at earnings adxach toss reserve. Lender CAD no longer, require loss reserve psyn=ta if Mortgage I mmec coverage (in the amount and for &a period that Lander raquhm) provided by on inanter selected by Lender again beco ass available, Is obrrciued, mil Leader rc iam sAwaran as ca on of m is the Lana and $oerow a In ace to p. If Lke saparaWy raquised Moog payments toward the premiums fro bl?Se Iasa , gorrowex dmU pa ? tem highs requ desi?goitedated to maintain Mo a lnamzaax is effect, or to provide a non-mtaiudrhte loss roaorve, Until Dar's Leader far Mortgage InsUraaee cads fQ accardtvace with say aRittea agteeenant bctwreii HaQOwtr scat groytding for sucb termination or upid tecmicadan is tequw Law. Nothing in this Seatfon 10 affixes Bmawer's obligation to pay interest attic rata ptot?idedAote. may incargeg°Jusurance rr does mbtn a Lender {or say entity that purdW% the Nice) for certain losses it repay the L= agmed. Borrows is not a. parry to the Mortgage MiMgage insurers avalaste their total risk an all such insurance in foroe firrom time to time, and may eater into agreements, with odw pardes that slue or modify their risir, or n4aoe las:va Tbase afatec?ts are on terms and conditions that am sdidktory to the mostggge i and the other petty (or panties) to tine afpaaaienc» These sovetueats raw require tba iapaer to malts payments use( any source of fink thatth matgaga inm& may have uvailable - may monde hods obtained stem MortMe Imarance As a result of these agcaan% Lender, my purchaser of dw Nate; anotLer iostaer, say relosarer, any other entity, or any affiliate of any of the foregoing, may receive (dirady at i racily) amounts that derive fr9pm (or might be aba wWritod as) a portion of Borroaar's psymaaa flout Mortfpge Itwstttymce, in cszhamgo for dm tg or madifyio4g the mortgage inva-ces risk, or a+ec!°CLtg losses. Watreb afyreement prcMdi that as afilliade of Lender talm a dine of tha hmies risk In a0tt>1W9e for a sbare of dac premiums paid lo the insurer, the arrangement is ohm tanned "captive remsurtau c." Further: (a) way sash agrumem will net affect flee muw* s drat Horrewer its: agreed to pay for or mpga Insurnam f law. it ? eagrawwo a tww she ama>rn?t Borrower will we for M to any raftud. 1008171426 ftslm t"s0z) oq. e a e Form 9039 Val BK 1954PG00-4 i 0B/11l2006 40;57:07 AM CUMBERLAND COUNTY MAX 200620154 - Papa 9 of 2 Jun-11-2008 10:86am Frotr T-721 P-017/028 F-676 (b) Any Inch agreMmto will not Af ea the rights Borrower has - If asy - with 2aped to the Mortgage Insurance ender the l3(a meownes htm tlon Act of 1998 or say 060r law. These dots may 1 dude the right to recelve eermw dischtmr?a, to requs?et and O%XM conagaelon of the rdim r gage InmranProwdam that wft* eeurM m a t>t tli gu uA essaftlan or terninadan. . ter. Anigunreat of blisceiltrserus Proceeft, Forfehnm All h0swilsocons Proceeds she bereby assigned to and shall be aid to Leader. If the Property is darnard, such Misedlanem Proceeds shall be applied to mamdon or repair of EE , if the re stomlion or repair is economically fessible and LLwdWs security is not Waamo& and tion period, I shall Lave the rigiet to hold"Misc ells neous Proceeds lbws bad an oppor ,y to inspect such ftqwW to mom the work bas been aaeapleted to header's sadafaction, provided tbit such Inspection s be dde td= promptly, Lender may pay far the Impairs and reaomation is a single disbursement or to a series of progress payments as the work is cwnpIat" Unless an agreement is mode is writing or Appllesble Law segaircs mtAred to be paid on such Misoellatxaus Proceeds, Loader shall not be required to pay Borcowar any interest or a nangs on such Misc ellanoaas Promeds. If the redoegann. or rqw a not manotak ally fen Me or Leaders security would be lessened; the Miscellaneous Proceeds shall be applied to the seats moemd by this Svcwity Imftmmcat, wbtxhc r or not thsa due, with the wren, if any, paid to Bor oww. Such Miscellaneous Proceeds shalt be applied in the arch pa»vided for in Section I Ice the event of a total taking, desutctian, or loss in valve of the property, the hfisccllaaeons Proceeds shall be applied to the sms>s wattled by this Searity Instntme ck whether or not their due, with the excess, if any, paid to Borrower. Is tlm event of spars taking, daftotoo, or lass in value of rho Property in which the Wr madmt value of the property immediately Tore flit partial t8ldog; desteucticm,`AC loss in value is espial to°ac greater dMa the amami of the aeons Wired by this security Instruinent firmWistdy before: the partial taking, destruction, or loss to value; uolass Bmawea and Leader otherwise agree in writing, the tea sasnred by this 5omdty I t &all be reduced by the amount of to Proceeds multiplied by the Wowing fillWm,, (a) the total amomn of the sans secured lammodiatdy bdbw the era ice ,ear loss in value diwided by (b) the f* medmt value of the Prcpmiy paa<tialtalo, dogzvcdo o, or Ices in volm 11ay butane a *0 be paid to itorrniver. In the event of a p is d* detruetton, or kds its vabee of the Property in which the fish marl 1 value Of the Property tr y befm+e the partial Isla & do*ucdon, or loss in value is lees than the Mount of the Saw secured ...... lately >- I I P Qhe tditg, destruction, at loss in vahm unless Borrower sod Lead ac otherwise agree In waft the Ptomeds shall be applied to the sums secured by this 8omwity Ins mselrt wbstber or trot the shuns on then due. If the property is dmdoaed by Borrow. or IC 4w uodea by Leader to Bextowm that the Oppoft B oil: (raspoad toL®dar wtfa30 days after dm date the notice is glum; Lend ?sr ?r'rrad to cuBcd and WAY ft Mbcdbmm Prooood: aid= 10 rostomdm or repr of the Property or to the terms seeerred by this Security Ira humeat, whether or not rhea dec. Vppo ft Patty" areasrt *a third part?r Heat own Barrowar Miscellaneous Pmoeeft or the party against wtwm Borrower Ins a it* of act m regard to Mfaxllase m Procoeds. Burramni shall be to datlglh if aqy action or promWing, whether civil or cdmiml, is bcgm that, in Lmde's jadgmmt, Could =$A in foeBsit m of the Property or collier mocrial hapa6am of 140daa's inictest in the Property or rights under fns Sworky IastrumeaL Borrower cm cure such a dehult md, if accakaratieth has occerrrod, rainstaft as provided in Section 19, by casing ft ac tim or pruoreding to be 1008171426 QkAIPA) laso21 P.o.1o d la MhYMi r"m sm 1181 BK i954PE0042 0611112006 10:57;07 AM CUMBM AND COUNTY In" 200620154 - Page 10 0f 22 Jun-11-2000 10:3721 From- T-721 P-016/029 F-676 d`smWed with a ruling 04 in Laasd es judgment, Precludes farfeitara of the Property of ad w material impetrment of Leodees Werest in the Prop" or rigbis under this Sewhy Iastrrmnast The proceeds of any award or olaim for that are adrbutable to the h apairmont of Leader's interact in the property arc hereby assigned sad shall paid to Lender. All Miscellaneous Proceeds tbat ate not applied to restoration or repair of the Property shall be Vpiied k die order provided for in Searles 2 11 Borrower NO RNUMSnd; Forbearance By Leader Not a Waiver. Eomsion of the time for Purnemr or modificamdon of amortization of the sums secnmad by thh SccW* Instrument g 4nW by Lander to BQ=wer or say Sueetasor in WMAt of Barrower shall not opante to rdcm the Robility of Bormwm or auy Successors in bftcst of Borrower. Lender shall ant be required to oomenexsca agaimt any Sumcasor in intermt of Borrower or to rcbw to extend time for payment or aeherovise modify amariindon of site sums secured by iris Security baste nt by no= of say demand made by the original Batrowar ar +m3' Successors in Interact of Bmrdwer. Any for cu=cg by Leander in exercising say right or remedy bwbuft without litiattedoo, Candor's acoepdsnoe of paymeals from tMrd persons, aWdm or Sucrxssora in hftred of Borrawa or is amouafa less *= the amount then be, shall not be a waiver of or prsxludc the aottreise of any tight or remedy. 13. d'aimt sold Stw&A LhWllty; Ca-d Saampgrg and Aasdgsss Houa& Bazower coveasa? and agrees that Borrower's abligadons sad liahr7tty shed be joint and mvemL HoWOM any ga muwcr who casrgos thus Setem* 1r *umoat but does ant azecuto the Nate (a " ?. (a) is oo-signing this Security rash moent only to ma e; Brut sad convey, the co,d pW s interest in the o" terms of this Scaaity Instnntsea ) is not personally obligated to pay the: am a mad by this SUqdcr erum Ina n m o, and (c) agrees that Leader and any other Barawer can apaee to extend, mo ft krbaw or main any accommodWom with regard to the: terms of ft Sac m ity Itaarumag or the Note without the C"ipeA caasexrt. Subject to dw provisions of Section Is Ekrtw a's obligations undar this hwanca a m Intcrext of eaaower mho a Sm" n all of Borrower's it, wr[thrsg, sand is approved by Leader, obtai shall obtra >ll of Borrower's oblirights nod bewfits under this Seoutily to mmuat. 8oaovra dmU not be tram Badions and Habit under ibis Boom* watt union Lender agrees to awk view in wridug. IU covenants and agramaats of this Security Inshnmeat nrhaA bind (aa :cpt as provided in Sexdon 20) and benefit the sucamm and sadgm of Lmdp: 14. Lm Chacgaa. Leader may cbWF Harrower fees for SW-*en peribrined in oonaedion with Borrower's default, hr the of dug Laadcft iota w in the Fraperty and rights under this In SccmitY meard to any m fan ? sdssemax lW in thin %cursty Ina to dkorp Gaon c on fa gpda fie to Baulower shad not be wasdnsan a p*biacn an the *wgjag of such tie. Lender MILy Wt edsago fees that are cgWesly paomhr'iuW by this Seatrify hWrumcut or by Applicable Law. If the Least is sub f at to to law WW* sets mvdr= loot dmgo, m d dash law is finally Werpreted so ft tba bdw* Or WhOr 1040 dKM coUc*d or to be cxllemd IS commotion yids the Lou waxed the Pmdtted H01104 list: W say saceh Ioan lunge obit be =&wd by the amount newssory to rodpco the charge to the parmifoed iiwk and (b) any tans already cullocm! from Harrower which aswoeded pomsitted limits will be MftWal to Borrower. Leatkr nay choose to maim this rdmW by rodoekS the owed Under the Note or by nW& g a direct P4yment to BoMjWcr. It a nfiad raMaes .rho rcducdon WM be treated as a witi%W M y p uWance dxt or not a dirca repaytoatt elmrge is provided Aor under e6e?y gy?a xwwmeot tea, such melted made by payment to Barrowrs will constidete a waiver of ow rust of on Dotroww migbt bavas ,oiling out of sateh ovtaCharget. is Notices. Ali twtieea given by Borrower or LWAld in conmocdon with this Security bmumat most be is wridng. Any notice to Barowcr in eaoo,Ctou with this Socamiry IashMOM at " be deemed to 100817226 et-I(PA) maq _ Wd4k T PM-11 of is Fees 1101 O K I 954PS0043 OM I/2008 10:67:07 AM CUMBERLANO COUNTY InSW 20CM54 - Page 11 of 2: Jun-11-2006 10:88am From- T-T21 P-019/029 F-979 bave been given to Borrower whey 10100d 4Y first doss enrol or wbea aetmdy delivered to BoaowM?er's notice addm if sent by odw ramm Notice to any on Borrower shall Mute notice to an Borrowers unless Appliabte Law apready requires otbawim The notice address AWI W the Noporty Address unless Borrower has draignsted a sdifi me notice address by notico to Lender. Botrowa Awn notify Leader ofSomwiWa ebanga of address. If bender spoci&s a pw=dam far rgmfi g s 'mac of addrtxss than Borrower WM only repast a aheagc of address though that specified prooedum Thane may be only one designated notice address louder this Security Iolhwomt at any one time Any notice to Leader shalt be givea by dolivwing it or by ot4ulsng it by Srst class aasit to London's address stated herein ualow Lender bas d Apatod another address by notice to Botrower. Any nolica in Connection with this Soarity Iastramcut shall not be deaaed to bave beta given to Landcr porn actually received by Leader. If any notion required by this Security Instrument is also requirW under Applicable Law? the tApplicabhc Law regairemmt will satisfy the corresponding requirment uador this Security 16. G4yetz iag Law; Severability; Rules of Cenmmdon. This Security Ewroment " be o? d fixiei al, I in and the law of the jurisdiction is which the hopetty is looted. All d8l:13 and b *d Sccm* IvA rnmcot are subject to any rookuwats and lnwitdona of Applicable Lsw. AMUcable Law m*A capliday or implicitly allow the parries ro ague by contract or it might be silem, but such aitca c shall not be construed as a prahibitinn agafcut --cm rent by contract, In she event that any provision or olmso of this Swurity 1husirrmlact or the Noon Mmilicts with Appllaabie Law, such eotttliet sball cost Meat other provlsions o this Security knstrWaetd or the Note which can be given affect without tha con#ticbn' g pmvWft As used in tbfs Swatity 7nstramontr (a) words of tho mascudue gender shall mean and include conWou n oral and orris ' ro words of tthe he faminino * ?? (b) words In the duplw sbstf mm sad Include word a ( may gives sole discretion witLvut any obligation 10 take any action:.... , 17. Re...nar s Copy. Borrower shalt be given me copy of the Note and of this security Iaft=ut 1d. Tnm*r of the Property or a Bmdkki bamut In Borrower. As tared in this Section 18, "Interest in Oic PmpW means mW Legal or bea dlcW f edomat in the Property, iocludiag, but not limited to, those babel iatertuts traas&:rod in a bend for deed, contract for dead, iustaltmeat axles Contract or ascrow ate, the intent of which. Is rite transfix of tick by Borrower at a Endue date to a purdwer. If alt or say part of the Pr or say Interest in die Property is sold or tran4tarad (or if Borrower Is not a natural poser, and a bbl interest is Borrower is sold or d'auathared) witlmut Lmdcr% prior written consent, Leekt mW require immediate paymad in fiat of all stems secured by thla Security hmtr ...a- However, dds option sW not be exasciW by Deader if such a wretae is prop bIW by Applicable Loa. If Lasda wwroses rids vdoek Leodw shall give Borrower not= of acwhratwa The notion shall provide a period of not ku then 30 days *= the date the notice is ' in accordance with Section 15 witbin which Bommu mast pay A smas toad by this Security bwahcut, If Borrower falls to pa}r these sWus prior to the eat *9o a of ft period. LaWw tray Involm emy rcmadies permitted by this Security Isasteumatt whtbaat limber notice or daamtd on Borrower. 111. 11jorrow es Right to Bdobts Attar Ac seleesd6w If Barowe r meets catain conditions. Borrower shall bava the right to have ad=ea mr of >bit Seoatity h statm cat dimuntiaetod at air time prior to the earliest ofi (a) Svc d qrs btdbm tusk of the Property Few" to arty poorer of oak contained in eves Security kstrome0M (b) such other period as Applidtle 1,s might specify for the tataination of Sarmwe s fl* to reimu dq or (c) ephy of a judgmmt eaibraing " Socenity Dori. Those moons are tut Bummer: (a) pays Lender all soars whicb rhea would be doe under this Swurity Imtaaaent and the Note as If no accekrudon had occurred: (b) ayes any del mh of any odw covap ma or 1008173426 4M&A) 10402; 1P or 10 Foaa 30M 1101 8X-1954PS0044 0611 W=De 10:57;07 AM CUMBERLAND COUNTY irat# 200920184 - Page 12 of 22 Jun-11-2008 10:38am From- T-721 P.020/020 F-8T8 uglrt s; (o) Pais all expenses incurred cn eoiorms this Security lastramont; iocludmg, but not I mw 10, reasonable attarneW fees, property inspoetion and valuation fees, ad other fees incurred ft the purposo of prmecting Lendeez interest in the property and rights inlddr fhis Seaguity Instrument; and (d) tapes such action as Lender may ressoasbly require to asatre that Leader's interest in fie Propatt3r sad rights aadrt this SOMFIty Fnsttumeai, and Bwowce 9 obHgation to pay the sums secured by this &anity Instruweak shalt eondnue mWehUWCA Lender may zwke, that Bomrnwer Pay such zeinswaaaer auras and eaqmses in one or mnarc of the following forms, as seceded by Lender: (a) cash; (b) minty ordw, (0) certified cbeok, bank check, treawzWB ohack or cWees aback, provided any such ebook is &%va upon an institution whose deposits are insured by a *dcrai agency, tmatromeatality or eadtr; of (d) matt reWc Funds Tea QSV- Upon relnsgttemvat by Borrower, this SMity instrument and oblipfions stxtned ba+tby "I remain fitlly ditfive as if no acceleration had occurred. However, this right to rdnstat shall not apply in the rase of acaelani ion under Section 18, 20. Sak of Note; Chaaga of Loan Servk'et, Nit m K GrkmawL The Noto or a partial interest in the Nome (wgaber with Ibis Security Itstrusnent) can be sold rue or mom; than without prior notice to Borrower. A sett eoaght muh in a change in dw eothy (fmowa as the "Loon Servicerl flat collects Periodic Payments due under the Note and this Seastrrty Instrument and perfomme athar moctgap?e loan servioing obligations under the Nora, this security Iusorumv4 and Appr=bit Law. Thmae also mot be one or more changes of the Lose So Arc r unrelated to a sale of the Note. 1f there is a change of the Loan Sa Accr, Borrower will be given v nttau notice of the change which will state the mama and address of the new Loan Servicer, the Bddresa to which payments dxRtd be mode and say odmar kftmadon RRVA cegab" in cormexdon with a notice of tratmsI of satiating. If fha Note is sold and the Loan is Serviced by a Loan. Savicer other thin the purchaser of Iha Nate, toe mactgagv lean servicing obUgad= to Borrower wW remain with the Loan Serviuer or be mush W to a snegegsor Loan Say! = and era not astma0d bY:the Note p unless otherwise provided hythe Note pmord:$ser.. , Neither Borrower nor I.eoder mW comment, pip. or be Joined to any jadiM action (as either an individual titigaot or the metabar of a class) that aim froth so other patty's actions pusmint to this Setm'ity Instramcsd or that alleges drat the oft party has broached any provision, og or say dozy awned by rema 04 this Setmrhy Instrmaeat, antic 306 BortrFM or Loauiac bas notified. the other party (with snob =1100 given In r.am1>l M with the requinments of Section M of arch alleged bctatch ad dtfiWod the other party had* a rasonable period after the giving of such notice to take corrective ardent. V Appfta bh: Law provides a time period which most 4%m beibre onuia actin can be Ukeo, that *m period will he riaaot:d to be raaaoaabk Em puzWses of fhis paragtaptm. The nation of ftWeration ad 6pp0cttm(ty to eft given to 1 WOWar purmmt to section 22 and tame nodes of aeedaadon given to BWVW r Aura= to Section 18 shall be dented to satisfy the notice and opparnndW to talon eaareadve action pcovisioos of this Section 20. 2L RU10 oast SW*"Cs, As used in this Section 21: (a) -H=wk= Subuapcm - arc ft m subtamaaces dtfiatd as toxic or bomwduoa sttbstaoas, pobtemb, or wastas by Em bomumW law and the following mbmt> mcw. gasalnae, kcroaeae, other tlttsamsbte a kadc p*ok m3 products, tokk peaNc&ks sad herMda, VOWde solvents, tnatalals COUIRmiog aub*= or formaldehyde, and radioactive ls; (b) "8avi W L w" means federal taws Mid Im of the jmtdedidjW where the hoprAy is Ioeated that relate to hedth, safety or eav&aa =W protecdW (a) T*vnn=WW Cw mtp- bwlodw any response action, remedial action, at rand schop, as defined is Emmental 14w; and (d) an Sovkonmeo ! Condidon" means a condition that can mains, coo~e'bute to, or othtrwise trigger an I:avironmantal Cleanup. 1008171426 ft-G(PA) taaoa! Pw1a« to Fenn 3039 Vol OX 1954P0004s 0&11/2Wa 10:57:07 AM CUMBERLAND OOUNW Inst# 200=154 - Page 13 of 2 Jun-11-2009 10:39am Frw- T-721 P.021/029 F-6T9 Bwower sball not cause or permit the preseucG use, disposal, storage, or release of any Hazardous Subsumes, or threaten to release may Aazmtiatw Sabstauas, ou or In the Property, Hotetnrer shall not do, nor allow anyone else to do, atythigg the Property (a) that is in vlobdion of any Envkomn=W Law, (b) which armies an Environmental Co Jtiw% or (o) which, due to the prime, use, or rel=w of a Hazardous SubOxoca, creates a condition that advmdy affbcts the value of So Property The preceding two seatenees shall not apply to the presence use, or storage on the Property of small gwinticies of Hasacdoas Smbstmaccs that ater tptime3 to be approprince to nomW residential its and to maint?oe of tie Property (i#4- ding, bid t limttad to, lulwn as Uftammuls in rester prodoots), Borrower shall promptly give Lender w ftlen notice of (a) my inv? daim, demmn<i, lawsuit a other action by any governmental or regpiatmyr mgenoy or pnvate gouty mvolvutg the Property sad any 1azardous Subsimam or ErL*omlmtd Law of wlnah Horrowe r lms actual Imowlaigq (b) any Elavieon l Coalition, including but not thdted to, -' quMi % leaning, disdtarge, re(sasa or great of rllease of any Hirmdam Substemoe, and (c) any condition caused by tea premomcc, use or release of a Fhmu ous Substance whi& adversely affeots the value of the Property If Baw wa lama, or is notified by may go l.or regeLior)r satimu ity, or any Wivsto ply, 1? may resoovd or otter r a elution of any Hanmrdoua Sultste 3w afuchng the Prapcxty is neaaaaey,13000 a s6 1 mtly take all n---- y retmedial acbous is accordance with &w1roanteital Law. Nothing back 11 create mW obligation on Leader for an Environmental Cleanup. W(W UMMRM COVE ONTS. Borrower and header furdter covenant and agree a follows: 23. Aeodaat fee; l n. Leader AM give notice to Borrower pdkw br awalus" fWewhag Barroirer?a brood of any covegaot or agnament in this Semww sttstaeat (6.t stet pdw to aewlemden tmdar tlwdm U atlas Law prsvmm olbasttdse). Loodar Am Borrower at *Am" other thing: (aj tieI&((b) the odited nugYi W to care *a ddW4 (c) w the defewlt must be amid; and (ego no h t m to can riot default u yt ow my molt it aetderatbm of ft .urns seesarad by fief hsurommt; foredoom by JIM" periaailsg sad .ale of Am . Leader siaU fatMber bstbartn Hart+trwpr of the .d* to e+eitalalle air staoekeatlau and flee d to ssaert to the fam-1110116 wag tilt nontaddanee of a ddanit or sty odor deWiro of ?on?awer to aatelnWm mad foredo"m It do delmh k mot ca todi as epedifed. Lanier its c toff rosy ttign4z ipurtiadfite mi-ok is fell of all sow secured by sit Seatrl4 hwxwmttast wltltwt fm1ur dtttwamd ated may aetese d is Swift mommant br jaM>lohl. nasiloE. law der !boll be auttow to a mect a "*am isemtrad in pm-mft the rstaet m ptavtded is tie 8eotlon 2x, lndWh% but not Hooted to, dbra@W few mad cob of Ode wider" to the a teatt pergtittnl by App9"a )Law. 23. Iiateaee. Upon payment of all am ttwxW by this SwAly I akum me, this Scamtty hu nmeat and the estate comvoyed uludl tern 6 and become void. After such occmraarr, Leader dmil dacbauge and this " hush mat Bammer shalt pay my rawrdeft cotta. Larder Bummer a fen for rahasnog this Socatrlty Ii-retorsleat, but odyr if the fen la pelt m a tided pmrgr acv ranched and the e6argimg of the be is perm ted under Applicable Law. X waivers. Borrower, to to 0 =aft Appltasblo tsa?, waives and rehear may error or defects its ptsoaeditys to enforce this S?]mtrtmiclB, aad hac?y Waives the benefit of any present or fitwe laws peovidimg ft+r fty of mcccalion, amnnshon oP bate, VA mption from attachment, levy and sale, XW I-- 2F6 A -- ParloL borrower's time to reinstate provided in Section 19 shall mound to one bate prior to the coma meewcat of bidding at a sheriffs malt or other sale pmsumat to else Saway fnsttt rum 26. Parduse >![oW lltloatgage: If say of the debt semwed by tbis Sect b rommt is lent to Banawer to sequin *I* to time Propnty, this Security ]< akumcat shall be a porcbata wont y 27.7ttton* Bale After Jadgmaatt: Botrow er agrees that the itta F i , rate payable shiner a is cowed an the Note or in mt action of mortgage foreclosure shall be the rate pay" San toot to time finder the Note. so0917if26 ti?.rK 4%WA) PSU) M ,a raw sore 7101 BKA954PGDO46 0611112008 10:67;07 AM CUM99RtAND COUNTY InaL# 20066201d4 - Page 14 of 22 Jun-11-2008 10:40am From- 7-721 P-022/028 F-678 BY SIGNING BELOW, Bwowac accepts and agrees to the terms and covcmts contained in this Secmity Insftament and in any Rider execatod by Bamwvcr and rwordcd with it. witneasns: (13 •., J JO -Bamwer - (Smo -somw" cs?n (s?1) -Bu=wtr (scd) - (sd) -Hoaower -Bamwer (Seal) () -11=awcr -6alowtc 4ft-ofm MO21 ft"75W is 1000171026 Fvlm 3M 1101 8K 1954PGO047 OBN VMB 1 ow:07 AM CUMBERLAND COUNTY InSL# 200620154 - Papa 15 o(2: Jun-11-2008 10:40am From- T-721 P-023/029 F-678 COMMONWEALTH 0 PENNSYLVANIIA, County sr. On this, the / day of t ?U04?P , before me, the undmsigatd Officer, pasodally apparw lmbwn to me (or sa#isfsctmily pr to be the perwq(s) whose mugs ?ce subscribed to the within instruaKnt and naknowledged thshelthey executed the same for the purposas herein contained. W WITNESS Wl'3>'iItEOF, Y heteunto set my hand and official seal. My Commission Expires- F PENN YLV PENN 8 CNavy of xarden the eon= addtvn oftho withda-mamed MOrippe is =sv9.ao, CA 9212 , do hereby egrtify that 18400 Wn Xarsa, S"te 1000, Wth= my hand this / day of ZVA R Z?+ab Jl?msstAtoetQpgM 1000171426 4%4WA) MUN) Fam 3039 11tH 09 t 954PG00'48 OBr17l2UO8 10:57:07 AM CUMBERLAND COUNTY inat# 200670154 . Pape Is or 22 Jun-11-2008 10:40an From- ADJUSTABLE RATE RIDER T-721 P.024/020 F-676 (LmM St:-Montt bubz (As P'abMed to ne Fall Saaar .lawal) - Rate Ceps) THIS ADJLISTA13LE RATE RVER Is made this lot day of J=s, 2006 , and is Incorporated Into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Dead (the "Security Instrument") of the same date given by the undersigned ("Borrower") to secure Borrower's Adjustable Rate Note (the "Note") to now Contary Kostgagw Corpotatlan ("Lander") of the some date and covering the property described In the Security Instrument and located at: 411 Hountain Vier Rd, itdunt Holly Springs, PA 17o6S (Property Addreasl THE NOTE CONTAINS PRO fS /ri11DWMIG FOR CNANSES IN THE INTEREST RATE AND THE MONTHLY PAYMit:NY THE MO'l'!Es LMIIRS THE AMOUNT Bt1RI MUEMS I0MR9ETRATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE SCRINQMER MUST PAY. ADDITIONAL. COVENANTS. In addition to the covenants and agreements made in the Security Instrument, E1ormwer and Lender further covenant and agree as follows. A. INTERESTRATE AND MONTHLY PAYMENT CHANGES The Note provides for an inittel interest rate of 9, 413 96_ The Note provides .for changes in the Interest rate and the monthly payments as follows 4. INTEREST RAf E AND MONTHLY PAYMENT CHANGES (A) Change Dates The Interest rate t mill I pay may change on the first day of Jarly, 2009 and on that day every 6t2i month thereafter Each date on whic h my interest rate could change is called a "Change Date." (B) The Inda t 94nning 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. ddier-danominated deposits in the London market ("LiGM), as publlshed In The Well St?AMMI. The most recent Index figure available as of the first business day of the month brlrne Waly preceding the month in whic h the Charge Data occurs Is called the "Current Index" If the Index Is no longer avallable. the Note Holder wtR clux" a new index that Is based upon comparable information. The Note Holder YA give me notice of this choice. (C) CalathMm ofChanyei Before each Change Date, the Note Holier will calculate my now Interest rate by adding Six And rio,M Hundredth(*) pwwntage points ( S. oso %) to the Current Index The Note Helder wi II then round the result of 1008171426 STA ABLE RA - LIBOR SIX-11110111TH INM ((AS PUBLIS HED N AT S • Rngle amly - pounds Mae Unlrarm Int+trr nwat (040 0 2) Fran 91ft 1101 Page 1 of 3 IAftws:=- VM P Mortgage Solutions, Inc. (800)621-7291 BKI954PGO049 OM i/2006 10;57:07 AM CUMS04AND CAUMY In" 2W=154 • Pega 17 or 22 Jun-11-2008 10:41am From- T-T21 P-025/020 F-8T8 this addition to the nearest one-eighth of one percentage point (0.12 6%). Sub sot to the limits stated in Section 4(D) below, this roundad amount will be my new interest rate dntb the next Change Date. The Note Holder wit I 'then determine the amount of the monthly mment that would be sufficient to repay the unpaid prtnnolpal that 1 arrt expsclad to owe et the Change Date In full a the Maturity Date at my new Interest rate in sttantially equal payments. The result of this calculation wil I be the new amount of my mont hly payment. (0) undo on boxed Rte Chsnys no interest rate I am required to pay at the first Change Date wil I not be greater than 7.0. 413 % or less then P. 4u %. Thereafter, my Interest rate will never be increased or decreased an any single Change Date by more then one And One-half percentage points ( '1. 500 %) from the rate of Interest I have been paying for the preceding 6 months, My Interest rate will no ver be greater than sd , 413 't6. Hlrecttve Date of Chogen My new Interest rate win become affective on each Change Date. I w1fl y the amount of my new MMthl payment on the first monthly payment date er the Change Data until the amourd of my mont ?hhr payment changes again. F) Notice of Ch The Note Haider wq I deliver or mall to me a notbo of my changes In my Interest rate and the amoralt my monthly payment before the sffectlw date of any the The notice wn i include informatbn required by law to be men to me ar?d also the title and?tetephone number of a pareon who wS a newer any cpJlestbn may have regarding the notice. TRANSFiR.SF. THE.P1><QPfkfl7YOR A f fAL. +ITlgREST N.SICRRCIWElt .. . Uritforrt CdVellallt 18 aF the Seidifity tt?stnutierrt is eiTlelltted to raid as follows Tra,18 1 the property or a earasftdsl interest In Bom war. As used In this Seaton 18, "Interest in the means anyh le W or benellolel interest in the Phoperty, including, but not 1: those gene bial Interests transferred in a bond for deed, contract for dead, htst6lbont sates contract or escrow agreement, the Intent of which Is the transfer of title by Aorrower at a future We toto. purchaser. If alt or an of the Prrty or amr Interest in the is sold or transferred (or f e?mwmr Is n?a natural pe and a be?? interest In Borrower Is sold or t without lenders written aort?aent,y r mey require Immediate In I of all sums sai* red by this 5eourtt Instrument. apt19 not be exernisad r if such exercise is prohibited by Appl! Law. Lander also shah not ax option It (a) Borrows causes to bs submitted to LwAsr information required Leader to evaluate tim ended transferee as if a new loam were tag made to the transferee; and (b tender resorW* determines that Lender's a mat #rlll not be kV* by the ban asaw fan and that the risk of a breech any 0ovenint or agreement in this Semu r Instrument is wc*able to tender. To the eadant patted by Ap*abb Law, Lender may a reasonable fee as a condition to LarxWs oohs to the loan assumption. Lend& also may rm*a the transferee to aim an asrrumpt greement flax is aooeptabie to Lender ark Shat ?tea the trarac erne to keep (tA epromises and agreements nude In the Note arxi?in this Security Instrument, r will contiraw to be obllgated under the Note and this ut1tY Instrument unless Lender relesees Borrower in writing. 1006171426 rf-838R (0402) . Page 2 of 3 Initials: Folm 3138 1101 8K I954PGO05© 0511112009 10:57:07 AM CUMPERLAND COUNTY InsL# 200620154 - Paga 16 of 22 Jun-11-2008 10:42am From- T-721 P-026/020 F-676 If Lender exercises the option to require immediate payment In full, Lender shall give borrower notice of acceleration. The notice shall pprroovvide a period of not less than 30 days from the date the notice is given In ac?rdsrloW w1t h Section 15 within Which Borrower must pay all sums securod by the S=-t-, Instrument. If Sommer falls to pay these sums prior to the axplradon of fib Lender may Invoke any remedies permitted by t is Security Instrument without uW .. notes or demand on Borrower. BY SIGNING BBDW. r accepts and agrees to the terms and covenants contained In this Adjustable Rate Rider {Seal) {--) i:i¦ s r Bornme r -Bomme r (Saw) -Bornme,r - (S") -Borrower - (Seel) (Sept) Borrower Borrower (Saw) (Seal) -Borrower -borrower 10081'f1426 tOR (0402) SK 1954PGO05 E Page 3 of 3 Form 3138 1l01 WB11 t/7D08 10:57:07 AM CUMBERLAND COUNTY InaL# 200820154 - Page t9 or 22 Jug-11-2000 10:42am From- T-721 P•027/028 F-078 ADJUSTABLE MATE RIDER ADDENDUM (Libor Index-Bate Caps) This Adjastabie Rate Rider Addeadmu is made this let day of Juno 2006 and is incorpon ad into and dW1 be deemed to amend and anpplameat the Promissory Note (the "Note") aM Mortgage, Dead of Ttust at Security Decd (the "Security Inst matt ") and Adjus%bla Rate Rider (the ^Aida") of the same date given by the undersigned (the Vonower) to aeoute repayment of Borrowees Notc to Now Cunho Mor%pgb cotpomsm (the "Lender"). property seauing mpaymant of the Note is described in the Security Insbmment and located ai: 411 Moubin View Rd4 Yottttt H* 191ultV% PA 17M (PApq Ate) To the extent that the provisions of this AQuIabie Rate Itider Addendum art; inconsistent with 1ho pmvisiow of the Note and/or Seotanty Insttument and/or Rider, the provisions of this Addendum shalt prevail over and supersede any such ineonststeat provisions of t1w Note and/or Security Instrument and/or Rider. Iu addition to tht: covenacb and agmemtmts made inthe Note. Security instntnnent, and Rider, Bwower and Lender Author mvewt and agree as foiWws: 4. (D) LIMITS ON1N79 W RA.T1 CWGW Tbc interest rm* I am required to pay at the ffm change dafo wiU not be greater than IOA13 A or lepr than 9.413 °k- Thereafter, ray hdrreat rate wW never be incresad or decreased on any dogic C bmcc Dom by more than Ors And Qns4slF peroantage P4110(s) ( 1.!300 yG) tlrrm the rate.of ipteratl Tsars been. ppA.q fort* pr.sceft 6..toaWR My. Interest eote.villl Over. be greater tbsn IGA13 Ve or Ian than 9,413%. BY SIGNING BELOW, Bummer accepts and agrees to the terms and covcnauts contained in this AdjuWWblcRate Rider Addendum cuo J Jol.1;& NCMC M a t,6te Rw RiftAddeodaat 1 D06171413s mm (ot2m Pape l 4f I SK i 954PGO052 06111M G8 10;57:01 AM CUMBERLAND COUNTY InsL# 200620154 - Page 20 of 22 Jun-11-2008 10:42am From- T-721 P.028/020 F-078 PREPAYMNT RIDER ADJUSTABLE RATE LOAN This Prepayment Wider is mode this Isit day of .bins 200ti , and Is incotllorated imo and shall t c deaiaed to amend and suppllxnent the PmmissM Note (the "Nde") and Mortgage, Deed of Taw or Security Decd (the "Security Insnu=01 of the sm dote given by the lmdearsigned (tile "Borrower") to secure tspaymrnt ofBerrowLes Note to Now Cam" Ma %PW Carporksm (the °Lvnderl. To the cxtmt chat the provisions of this Prepayment Rider arc inconsistent with the provisions of the Nora and/or Security Insh neat; the provisions of this rider shaft prevail over and shoal supersede any such inconsistent provisions of the Note =&or Security Instrument. In addition to the covenants and agreealaors made in the Note and Security Instrw=4 The Bwowor and Leader further covenant sad agrnc as follows: 5. BORROWERS RIGB'T TO PMAY I have the right to make prepayments of plin*ml amy time before dwy are due. A payment of principai milt' Is known wo a "prepayment". When Y make a prepaym auk I will ett0 the Note Helder m writing I am doing so. The Note Haller will we all of sty prepayments to rsdaoc the amount of pri=*d that I ewe uatder this Notes H I make a partial prepaymdlk there will be an chtalges Is the due data of my monthly payments woleas: the Note Herder agreet In wrlft to emse dmge , My Pr" prepayment may re&= the amount of my m=thly payments at$r the tint Change Date followiplt My petal prepayment. Ifwithis 2 yvwc(*) from the date of esccaitios of the Security Instrument, I mace a fail prepaysumt or, id eertolu cases a partial prepaymok and the toed of soot prepaymna*) In guy ,12-moath,period e> sods TWWQ1YYEgC!ENT: (zu%) of the odg< d.prkc W amount of w5losn, L. will soy a prepayment charge In as amount aqual to the payment of sk (4) moo td advamee ho eat oil the amount by which the total of my prepayment(s) vAd& that 12-monde period eYceedo TWENTY PERCENT (20%) of the origlua) prlacipat amount of the scan. BY SIGMNG BELOW. Burrower accepts and agrees to the terms and 'eavenants contained In this Prcpoymeat Rider. CLE& J JdQcm -7" NCMC P"&YRWW-ARK(MW4.me.) 10081"426 88.103 (0201 ) P40 1 art 8{ 1954PGO053 0611IIMOB 10;57:07 AM CUM NO COUNTY Inet,A 200820154 - Page 21 a(22 Jun-11-2008 10:43am From- ri L90AL DESCRIPTION T-721 P•029/029 F-678 ALL THAT CERTAIN lot or puce of ground situate In Dickinson Township. County of Cumberlatld, Commonwealth of Pennsylvarlle bounded end deWbed as follows to wt t +.e? sl ust* in tMqg M o ~a N?atnt`Gumipoe' can ey. ea,? - Talky bdlWad rmo daacrzd as dellant imoixgq at s ??wwr?eti ebsm m In 0 SMI"Wrl diraettan by URA e ar louseo#iY ax lriiital! Wieartoey 8 laltsa toot, aa?1p or taae U a pmt! voOwfts ws in a taster aR J l dl by Lad "W er 6ea?s,aKF ewlas Wtypwp!!a s 4.9 Ir,awa+a oc lade LY a volTe t! UMM to a s:setAarlt td atlea 1qr in a mesa or loGOF or 1 *Nw ad TW%%a, 8 p4rahaa P teat, Mm or logo to R atom oeveeari ;gmeM za a tlutdrly direatioa hY the some, s Mrema 14.5 omit. Saes or Lea¦e kaa tbq please Or sirtlrM=Aq? a6l1l0 teip=arod Wilt-a frame d a ww-Ltla¢ haW.. ., NeINR 1'e4Iek tro.' It a; tIM. pte . std. vMah Was c {i.7r>har 4W KNUMA A: Jlwpar La ails:, tMll.t C., 1?14?meb F` [ti+ ??Oftrr or d &t.0 O"dda lea CearW#,.ad1w Gry dsm its e!a on ia 0. hPA lt;d. s to Ned Oeok ?4;wfify to be xPCc7i Ce' In Oberland Countv Pt- 0 .4& jr I. I Recurder ofD?eftif W.00 the same pwdm wNicfi Frank E. Jumper and Estella A. Jumper. his wife, by Deed dated June 13.1972. and recaded Junm 1g, 1972, in d" or" of the Recorder of Deeds in and for the County of Cumberland. Pamayhsmla, in Book R Vol 24, Page 243, granted and convoyed uMp ROnatd E. Jumper and Urxia C. Jumper. Ids wNe. REMt$Ei WtdGH R?Id 9. Jumper and Undo C. Jumper, his wife. by theft Deed tlAIME fe dated Li 20p4, and abot to be recorded in the Office of the Reoardet of IT ALS;W410 Deeds t rfd County, Panneyiuanla, granted and conveyed unto Curtis J, Johnson, Marlow Herein. K19154PG00151; 00/11!2008 10:57:07 AM CUMBERLANa COUNTY M" 200620154 - Peke 22 of Certified True ''AL ADJUSTABLE RATE NOTE (LIBOR Six-Month Index (As Published In The Wall Street Journal) - Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT.. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. June 1, 2006 Mount Holly Springs Pennsylvania (Date) [City] [State] 411 Mountain View Rd, Mount Holly Springs, PA 17065 [Property Address] ??ql? lla?l{l Ipl? NOTE 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 69, 300.00 (this amount is called "Principal"), plus interest, to the order of Lender. Lender is New Century Mortgage Corporation I will make all payments under this Note in the form of cash, check or money order. I understand that Lender may transfer this Note. 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 9.413 %. The interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payments on the first day of each month beginning on August 1, 2006 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on 07/01/2036 , 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 18400 Von Barman, Suite 1000, Irvine, CA 92612 or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. $ 578.32 This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 1008171426 MULTISTATE ADJUSTABLE FATE NOTE - LIBORSW-MONTH INDEX (AS PUBLISHED IN THE WALL STREET JOURNAL) - Single Family - Fannie Mae UNIFORM INSTRUMENT (0-838N (0210) Form 3520 it 01 VMP MORTOACE FORMS - (800)521-7291 Page 1 of 4 IniW W 0 , "" .. ` . ? y 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of July, 2008 , and on that day every 6th month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding Six And Five Hundredth (s) percentage points ( 6.050 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 10.913% or less than 9.413%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than One And One-half percentage point(s) ( 1.500 %) from the rate of interest I have been paying for the preceding 6 months. My interest rate will never be greater than 16-413%. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. S. 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 this Note. I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the Principal amount of this Note. If I make a partial Prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me 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. 1008171426 Form 3520 11 01 40-838N )0210) Page 2 of 4 mnklaW m C? J 11110 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 fifteen 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 5.000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send 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 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 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. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. 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 3(A) above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises 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. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses 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: 1008171426 Form 3520 1101 (IM$38N (0210) Paps 3 of 4 In1081C Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if. (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section iS within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND S S) OF THE UNDERSIGNED (Seal) (Seal) Curtis J Johnson -Borrower -Borrower (Seal) -Borrower -(Seal) -Borrower - (Seal) -Borrower -(Seal) -Borrower -(Seal) -Borrower - (Seal) -Borrower [Sign Original Only] 1008171426 (0-838N (0210) Page4 of 4 m 1008171426-Johnson(556)[1].txt N0556 04/07/08 CURTIS J JOHNSON 411 MOUNTAIN VIEW RD MOUNT HOLLY SPRINGS PA 17065-0000 Property Address: 411 MOUNTAIN VIEW RD MOUNT HOLLY SPRINGS PA 17065-0000 RE: Loan Number : 1008171426 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE THIS IS AN OFFICIAL NOTICE THAT THE MORTGAGE ON YOUR HOME IS IN DEFAULT,AND THE LENDERS INTEND TO FORECLOSE. SPECIFIC INFORMATION ABOUT THE NATURE OF THE DEFAULT IS PROVIDED IN THE ATTACHED PAGES. THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) MAY BE ABLE TO HELP SAVE YOUR HOME. THIS NOTICE EXPLAINS HOW THE PROGRAM WORKS. TO SEE IF HEMAP CAN HELP, YOU MUST MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. TAKE THIS NOTICE WITH YOU WHEN YOU MEET WITH THE COUNSELING AGENCY. THE NAME, ADDRESS, AND THE PHONE NUMBER OF CONSUMER CREDIT COUNSELING AGENCIES SERVICING YOUR COUNTY ARE PROVIDED ON THE ATTACHED LIST. PENNSYLVANIA HOUSING FINANCE AGENCY TOLL-FREE AT (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 ANY ATTORNEY IN YOUR AREA. THE LOCAL BAR ASSOCIATION MAY BE ABLE TO HELP YOU FIND A LAWYER. LA NOTIFICATION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICATION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDA ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADA ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM'S EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. 556-Page 1 of 6 Page 1 ,,,,? ?a ? ? ? ? ? ??. 1008171426-7ohnson(556)[1].txt HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM You may be eligible for financial assistance which can save your home from foreclosure and help you make future mortgage payments. If you comply with the provisions of the Homeowner's Emergency Mortgage Assistance Act of 1993 (The Act), you may be eligible for emergency mortgage assitance. If your default has been caused by circumstances beyond your control, if you have a reasonable prospect of being able to pay your mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer credit counseling agencies listed at the end of this notice. THIS MEETING MUST OCCUR WITHIN THE NEXT 30 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES: if you meet with one of the consumer credit counseling 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 the property is located are set forth at the end of this notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE: Your mortgage is in default for the reasons set forth later in this notice,(See the following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortga a Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Application with one of the designated 556-Page 2 of 6 consumer credit counseling agencies listed at the end of this notice. only consumer credit counseling agencies have Page 2 1008171426-]ohnson(556)[1l.txt 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 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 filed bankruptcy you can still apply for Emergency mortgage assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT: NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 411 MOUNTAIN VIEW RD MOUNT HOLLY SPRINGS PA 17065-0000 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 3 payments @ $ 769.43(including fees)*$ 2308.29 Late charges: $ 28.91 totaling $ 173.46 Less Other Fees/Advances (included above) $ .00 Less Funds in Unpplied $ .00 TOTAL AMOUNT DUE LESS UNAPPLIED AS OF 04/07/08 : $ 2481.75 If you loan is an adjustable rate mortgage (ARM) loan, 556-Page 3 of 6 Principal, Interest, Taxes and Insurance (PITI) may vary. Please call our toll free number 888-788-7306 for the specific breakdown of the monthly payments, Page 3 1008171426-7ohnson(556)[1].txt There may be additional fees or charges associated with the reinstatement of this loan. B. YOU HAVE FAILED TO MAKE THE FOLLOWING ACTION: Make your monthly payments as specified in your Deed of Trust or Mortgage. HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this Notice, BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS INDICATED ABOVE, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's or certified check money order or western union as follows: OVERNIGHT MAIL ! WESTERN UNION Carrington mortgage services, LLC I Quick Collect ATTN: Cashiering Dept I Code City: CARRINGTONMS 1610 E. St. Andrew P1, Ste B 150 code state: CA Santa Ana ca. 92705 I You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: Contact our offices at (888) 788-7306 to determine the best way of reinstating the account. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) days, the lender also intends to instruct attorneys to start legal action to foreclose upon your 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 attorney, but you cured the delinquency before the lender brings legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. IF YOU CURE THE DEFAULT WITHIN THE THIRTY (30) DAY PERIOD, YOU WILL NOT BE REQUIRED TO PAY ATTORNEY'S FEES. 556-Page 4 Of 6 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 PR not cured the default within foreclosure proceedings have cure the default and prevent before the sheriff's sale. IOR TO SHERIFF'S SALE -- If you have the THIRTY (30) DAY period and begun, you still have the right to the sale at any time up to ONE HOUR You may do so by paying the total Page 4 1008171426-7ohnson(556)[1l.txt amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale, any other costs connected with the sheriff's 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 NEVER DEFAULTED. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date of this notice. A notice of the actual date of the sheriff's sale will be sent to you before the sale. of course, the amount needed to cure that 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: Carrington mortgage services, LLC PHONE NUMBER:(888) 788-7306 1610 E. St. Andrew Place Suite 8150 FAX NUMBER: (800) 485-1060 Santa Ana CA 92705 1 Attention: Loss Mitigation 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 { } may not sell to a 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 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. 556 - Page 5 of 6 To have the mortgage restored to the same position as if no default had occurred,if you cure the default. (However you do not have this right to cure your default more than three times in any calender year). :; To assert the non-existence of a default in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents. A To assert any other defense you believe you may have to Page 5 V 1008171426-7ohnson(556)[1l.txt such action by the lender. To seek protection under the Federal Bankruptcy Law. -CREDIT REPORTING- we may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. -MINI MIRANDA- This communication is for the purpose of collecting a debt, and any information obtained from the trustor(s) will be used for that purpose. This notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from any one who has discharged the debt under the bankruptcy laws of the United states. -HUD STATEMENT- Pursuant to section 169 of the Housing and community Development Act of 1987, you may have the opportunity to receive counseling from various local agencies regarding the retention of your home. You may obtain a list of HUD-approved housing counseling agencies by calling the HUD nationwide toll-free telephone number, (800)569-4287. 556-Page 6 of 6 Page 6 tr i 1008171426-Johnson(555)[1].txt N0555 04/07/08 CURTIS J JOHNSON 411 MOUNTAIN VIEW RD MOUNT HOLLY SPRINGS PA 17065-0000 RE: Loan Number: 1008171426 Notice of Intent to Foreclose Dear Mortgagor(s): The mortgage held by Carrington Mortgage Services, LLC (hereinafter we, us, or ours) on your property located at: 411 MOUNTAIN VIEW RD MOUNT HOLLY SPRINGS PA 17065-0000 is in serious default because you have not paid the monthly payment(s) and other charges for the months of 02/01/08 through 04/07/08 as follows: 3 payments @ $ 769.43(including fees)*$ 2308.29 Late charges: $ 28.91 totaling $ 173.46 Less other Fees/Advances (included above) $ .00 Less Funds in Unpplied $ .00 TOTAL DUE $ 2481.75 The total amount now required to cure this default, as of the date of this letter is $ 2481.75 , less $ .00 in unapplied. There maybe additional fees or charges associated with the reinstatement of this loan. * If your loan is an adjustable rate mortgage (ARM) loan, Principal, Interest, Taxes and Insurance (PITI) may vary. Please call our toll free number 888-788-7306 for the specific breakdown of the monthly payments. You may cure this default within thirty (30) days of the date of this letter by paying the amount of $ 2481.75, plus 555-Page 1 of 3 Page 1 K 1008171426-7ohnson(555)[1].txt any additional monthly payments and late charges which may fall due during this period. Please remit a cashier's check, or money order payable to New century mortgage corporation. OVERNIGHT MAIL: 1 WESTERN UNION Carrington mortgage services, LLC1 Quick Collect (Any Location): ATTN: Cashiering Dept 1 Code City = CARRINGTONMS 1610 E. St. Andrew P1, Ste. B-1501 Code State = CA Santa Ana, CA 92705 1 If you do not cure the default within thirty (30) days, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately, and you may lose the chance to pay off the orginal mortgage in monthly installments. If full payment of the amount in default is not made within thirty (30) days, we also intend to instruct our attorney to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the sheriff to pay off the mortgage debt. if we refer your case to our attorney, and legal proceedings are started against you, you will have to pay the reasonable attorneys' fees, even if they are well over $ 50.00. Any attorneys' fees will be added to whatever you owe us, which may include our reasonable costs. If you cure the default within the thirty (30) day period, you will not be required to pay attorneys' fees. we may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. 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 sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments, plus any late or other charges then due, as-well as the reasonable attorney's fees and costs connected with the foreclosure sale (and any other requirements under the mortgage). it is estimated that such a sheriff's sale could be held approximately six (6) months from the date of this notice. A notice of the date of the sheriff's sale will be sent to you before the sale. of course, the amount needed to cure the default may increase the longer you wait. You may find out at any time exactly what the required payment is by calling 1-888-788-7306. This payment must be in CERTIFIED FUNDS, payable to Carrington mortgage services, LLC and sent to the address listed previously. You should realize that a sheriff's sale will end your ownership of the mortgage property and your right to remain in it. If you continue to live in the property after the sheriff's sale, a lawsuit could be started to evict you. 555-Page 2 of 3 You have additional rights to protect your interests in the Page 2 W 1008171426-]ohnson(555)[1].txt property. You 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. You may have the right to sell or transfer the property, subject to the mortgage, to a buyer or transferee who will assume the mortgage debt, provided that all 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. Contact us to determine under what circumstances this might exist. You have the right to have this default cured by a third party acting on your behalf. If you cure the default, the mortgage will be restored to the same position prior to the default occurring. However, you are not entitled to cure your default more than three (3) times in any calendar year. Should you need additional assistance, please contact our office at 1-888-788-7306, between 5:00 AM and 9:00 PM, Monday through Thursday, and 5:00 AM to 5:00 PM, Friday, and 6:00 AM to 2:00 PM Saturday, Pacific Time. Sincerely, collection Department Carrington Mortgage Services, LLC -CREDIT REPORTING- we may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. -MINI-MIRANDA- This communication is for the purpose of collecting a debt, and any information obtained from the trustor(s) will be used for that purpose. This notice is required by the provisions of the Fair Debt collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States. -HUD STATEMENT- Pursuant to section 169 of the Housing and Community Develo Act of 1987, you may have the opportunity to receive counseling from various local agencies regarding the retention of your home. You may obtain a list of HUD-approved housing counseling agencies by calling the HUD nationwide toll-free telephone number, (800)569-4287. 553-Pg. 3 of 3 Page 3 VERIFICATION The undersigned is Foreclosure Facilitator of Carrington Mortgage Services on behalf of Wells Fargo Bank N.A., Trustee for Carrington Mortgage Loan Trust, Series 2006-NC3 Asset Backed Pass-Through Certificates v. Curtis J. Johnson Wells Fargo Bank N.A., Trustee for Carrington Mortgage Loan Trust, Series 2006-NC3 Asset Backed Pass-Through Certificates and as such is familiar with the records of said corporation, and being authorized to make this verification on behalf of Plaintiff an officer of the corporation and being authorized to make this verification on behalf of Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Carrington Mortgage Services on behalf of Wells Fargo Bank N.A., Trustee for Carrington Mortgage Loan Trust, Series 2006-NC3 Asset Backed Pass-Through Certificates Date: k Loan: 1008171426 08-033115 AV4?j?? Name: FARAH TORRE Title: ASSISTANT VICE PRESIDENT Company: 42dpwov rs1p,?T?•ld ``rC (> ? n W 1JV ? _ C^3 ? SHERIFF'S RETURN - REGULAR CASE NO: 2008-04936 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS JOHNSON CURTIS J MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon JOHNSON CURTIS J the DEFENDANT , at 0020:20 HOURS, on the 27th day of August , 2008 at 411 MOUNTAIN VIEW ROAD MT HOLLY SPRINGS, PA 17065 by handing to CURTIS JOHNSON DEFENDANT a true and attested copy of COMPLAINT - MORT FORE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.00 Affidavit .00 Surcharge 10.00 00 35.00 Sworn and Subscibed to before me this day together with So Answers: R. Thomas Kline 08/28/2008 / SHAPIRO & & DENARDO /J By: ty Sherif of A. D. CASE NO: 2008-04936 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS JOHNSON CURTIS J MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon OCCUPANT the DEFENDANT at 0020:20 HOURS, on the 27th day of August 2008 at 411 MOUNTAIN VIEW ROAD MT HOLLY SPRINGS, PA 17065 by handing to SHEA JOHNSON OCCUPANT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 00 V)G9'C?, 1 Sworn and Subscibed to before me this day So Answers: . Thomas Kline 08/28/2008 SHAPIRO & DENARDO By. Dep ty Sheri f of A. D. SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 08-033115 Wells Fargo Bank N.A., Trustee for Carrington Mortgage Loan Trust, Series 2006-NC3 Asset Backed Pass-Through Certificates PLAINTIFF VS. Curtis J. Johnson DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2008-4936 PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter SETTLED, DISCONTINUED AND ENDED, without prejudice. SHAPIRO & DENARDO, LLC BY: DATED: 1 '-) ) '?? )0%_ Micfiael J. Clark, E; Attorney for Plaint CERTIFICATE OF SERVICE I, Michael J. Clark, Esquire, hereby certify that on I served a true and correct copy of the within Praecipe to Settle, Discontinue and End upon the following parties via first class mail, postage prepaid: Curtis J. Johnson 411 Mountain View Road Mount Holly Springs, PA 17065 SHAPIRO & DENARDQ, LLC BY: Michael J. Clark, Attorney for Plaij ??S (11 t,? ?-.. ' .,. '-..? "? f: _i d "? ?`xJ ?r `?? r?,? -? ?+.) ? ..