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HomeMy WebLinkAbout08-5197. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA E*TRADE BANK, Plaintiff, vs. MICHAEL L. MAHAR, Defendant. I hereby certify that the property to be foreclosed upon is: 822 Anthony Drive Mechanicsburg, Pennsylvania 17050 Township of Hampd? Parcel 10-17-1037?SY18 CIVIL DIVISION No. 08- 61QI Civil -'rem COMPLAINT IN MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: ?Brett A. Solomon, Esquire Pa I.D. # 83746 bsolomon@tuckerlaw.com Michael C. Mazack, Esquire Pa I.D. #205742 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Bktt A. Solomon Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA E*TRADE BANK, Plaintiff, vs. MICHAEL L. MAHAR, Defendant. CIVIL DIVISION No. IMPORTANT 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Pennsylvania Lawyer Referral Service 100 South Street, P. O. Box 186 Harrisburg, Pennsylvania 17108 (800) 692-7375 BANK FIN:332481-1 000011-137297 AVISO Le han de mandado a usted en la corte. Si usted quiere defenderse de estas demandas expeustas en las paginas siguientes, usted tiene viente (20) dias de pla/o al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregara la corte enroma ascrita sus defenses o sus objecones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidasy puede continuar la demanda en contra suy a sin previo aviso a notificacion. Ademas, la corte puede decider a favor del demande\ante y require que usted cumpla con todas las provisioner de esta demanda. Usted puede erder dinero o sus propiedades o ostro derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIALAMENTE. SI NO TIENE ABAGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENIRA ESRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Pennsylvania Lawyer Referral Service 100 South Street, P. O. Box 186 Harrisburg, Pennsylvania 17108 (800) 692-7375 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA E*TRADE BANK, Plaintiff, VS. MICHAEL L. MAHAR, Defendant. CIVIL DIVISION No. 0" !?'J9 7 -cTv, d i tf^ COMPLAINT IN MORTGAGE FORECLOSURE AND NOW COMES E*Trade Bank ('Bank"), by and through its counsel, Tucker Arensberg, P.C., and avers the following in support of its Complaint in Mortgage Foreclosure: 1. Plaintiff is E*Trade Bank (the "Bank") and is authorized to do business in the Commonwealth of Pennsylvania with an address of 671 North Glebe Road, 8t` Floor Loan Operations, Arlington, Virginia 22203 . 2. Defendant, Michael L. Mahar (the "Defendant"), is an adult individual whose last known address is 822 Anthony Drive, Mechanicsburg, Pennsylvania 17050. 3. On or about October 18, 2005 the Defendant executed a Home Equity Line of Credit ("Note") with E*Trade Bank whereby Borrower promised to pay the Bank the principal amount of $32,000.00 plus interest as more particularly described therein. A true and correct copy of the Note is attached hereto as Exhibit "A" and incorporated herein. 4. The obligations evidenced by the Note are secured by a Mortgage dated October 18, 2005 ("Mortgage") given by Defendant to Bank, encumbering certain real property located in the Township of Hampden, County of Cumberland, Pennsylvania, as more particularly described therein ("Premises"). The Mortgage was recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania ("Recorder's Office") in Mortgage Book Volume 1928, page 4156. A true and correct copy of the Mortgage is attached hereto as Exhibit "B" and incorporated herein. 5. Defendant is in default of the provisions of the Note and Mortgage for failure to make payment when due. The Note is due from January 18, 2008 and as of June 16, 2008 was past due in the amount of $1,399.13. 6. The Defendant is the record and real owner of the Premises. 7. There has been no assignment, release or transfer of the Note or Mortgage. 8. On or about June 25, 2008 Notice were sent to Defendant in accordance with 35 P.S. § 1680.403C (Homeowner's Emergency Mortgage Assistance Act of 1983 - Act 91 of 1983) and 41 P.S. §403 (Act 6 of 1974) that an action on the Mortgage may be commenced after 30 days from the date of the Notice. Said Notice further advised Defendant of Defendant's rights and obligations in accordance with the Act. A copy of the Notice sent to the Defendant is attached hereto as Exhibit "C" and incorporated herein. 9. The amount due Bank under the Note and Mortgage as of June 16, 2008 was as follows: Principal ........................................................................... $31,239.48 Interest through 6/16/08 .................................................... 1,632.78 (continuing thereafter at $7.7885 per diem) Late Charges ..................................................................... 139.88 Recur Fee .......................................................................... 22.68 Costs .................................................................................. (to be added) Attorneys' Fees ................................................................. 1,015.00 TOTAL .............................................................................. $34,049.82 10. The total amount due to Bank under the Note and Mortgage as of June 16, 2008 was Thirty-Four Thousand Forty-Nine and 82/100 Dollars ($34,049.82), plus record costs. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of Thirty-Four Thousand Forty-Nine and 82/100 Dollars ($34,049.82), plus continuing interest at the contract rate from June 16, 2008, late charges, reasonable attorneys' fees and costs of foreclosure and sale of the Premises. TUCKER ARENSBERG, P.C. By: Bre WSolomon,Esoquire P a. I.D. # 83746 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorney for E*Trade Bank, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA E*TRADE BANK, Plaintiff, VS. MICHAEL L. MAHAR, Defendant. CIVIL DIVISION No. AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY I, Brett A. Solomon, Esquire, Attorney for E*Trade Bank,being duly sworn according to law, hereby depose and say that the Defendant, Michael L. Mahar, is not a member of the military service of the United States of America to the best of my knowledge, information, and Brett A. Solomon, Esquire Attorney for E*Trade Bank Sworn to and subscribed before me this day .,A 0,UYE , 2008. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Pu 1c Kelly J. Mi¢ak, Notary Public City Of Pittsburgh, Colrdy My Corrrtdsa E)Or?es ? 23, 2009 My Commission Expires: Member, Pennsylvania Association of Notaries BANK FIN:332481-1 000011-137297 E*TRADEBANK' HOME EQUITY LINE OF CREDIT AGREEMENT CREDIT LIMIT: 432,000.00 DATE OF AGREEMENT: October 18, 2005 Introduction. This Home Equity Line of Credit Agreement ('Agreement") governs your line of credit Ithe 'Credit Una' or the "Credit Line Account') issued ttvough E'TRADE Bank. In this Agreement, the words "Borrower," "you,' "your," and "Applicant" mean each and every person who signs this Agreement, including all Borrowers named above. The words "we,' "us," 'our,' and "Lender" mean E'TRADE Bank. You agree to the following temn and conditions: Promise to Pay. You promise to pay E'TRADE Bank, or order, the total of all credit advances and FINANCE CHARGES, together with all costs and expenses for which you are responsible under this Agreement or under the 'Mortgage" which secures your Credit Line. You will pay your Credh Line according to the payment terms set forth below. H there is more than one Borrower, each is jokrdy and selarally liable on this Agreement. This means we can requite any Borrower to pay as amounts duo under thle AgmemaM. Including credit advances made to any Borrower. Each Borrower authorizes any other Borrower, on his or her signature alone, to cancel the Crept Una, to request and receive credit advances, and to do aM other things necessary to carry out the tams of this Agreement. We can release any Borrower from responsibility under this Agreement, and tta others will remain responsible. Term. The term of your Credit Line will begin as of the date of this Agreement ("Opening Date") and will continue until September 18, 2022 ("Maturity Date"). All indebtedness under this Agreement, if not already paid pursuant to the payment provisions below, will be due and payable upon maturity, The draw period of your Credit Line will begin on a data, after the Opening Date, when the Agreement Is accepted by us in the Commonwealth of Virginia, following the expiration of the right to cancel, the perfection of the Mortgage, the receipt of all required certificates of nOncandellation, and the meeting of all of our other conditions and will continue as follows: The draw period will and on the last day of the monthly billing cycle in which the seventh anniversary of the ripening of this account occurs. You may obtain credit advances during this period {'Draw Period"). After the Draw Period ends, the repayment period will begin ondyou will no longer be able to obtain credit advances. The length of the repayment period is as follows: The repayment period will begin with the first billing cycle following the the Now Period and wig continue until you pay in full all amounts owing under this Agreement ("Repayment Period'). You agree that we may renew or extend the period during which you may obtain credit advances or make payments. You further agree that we may renew or extend your Credit Line Account. Minimum Payment. Initially, during the Draw Period, your "Regular Payment" will equal the greater of it) the sum of your accrued FINANCE CHARGES, credit insurance premiums, if any; and Annual and other fees, if applicable (but not including Late Charges, if any) which have accrued during the billing cycle; or (2) $25.00 ('First Payment Stream"). You will make up to 84 of these payments. Your payments will be due monthly. Thereafter, during the Repayment Period and until the account is paid in full, your 'Regular Payment" will equal the greater of (1) the sum of your accrued FINANCE CHARGES, credit insurance premiums, if any; and Annual and other fees, if applicable (but not including Late Charges, if any) which have accrued during the billing cycle, plus 11120th of the principal balance at the and of the first billing cycle in the Repayment Period; or (2) $25.00 ('Second Payment Stream"l. Your payments will be due monthly. Your "Minimum Payment" will be the Regular Payment, plus any amounts past due and all other charges. An increase in the ANNUAL PERCENTAGE RATE may increase the amount of your Regular Payment. You agree to pay not less than the Minimum Payment on or before the due date indicated on your periodic billing statement. If you have selected to have the payment automatically deducted from your checking account, this will occur on or before the payment due date each month. How Your Payments Are Applied. Unless otherwise agreed or required by applicable low, payments and other credits will be applied to (1) all billed finance charges; (2) late charges, if any; (3) recurring fees, if any; (4) principal and; (5) other expanses, if any. Receipt of Payments. All payments must be made by a check, money order, or other instrument in U.S. dollars and must be received by us at the remittance address shown on your periodic billing statement. Payments received at that address prior to 3:00 PM Eastern Standard Time on any business day will be credited to your Credit Line as of the data received. If we receive payments at other locations, such payments will be credited promptly to your Credit Line, but crediting may be delayed for up to two (2) days after receipt. Credit Limit. This Agreement covers a revolving line of credit for the principal amount of Thirty-two Thousand & 00/100 Dollars ($32,000.00), which will be your `Credit Limit' under this Agreement. During thus Draw Period we will honor your request for credit advances subject to the section below on Looder's Rights. You may borrow against the Credit Una, repay any portion of the amount borrowed, and re-borrow up to -the amount of the Credit Limit. Your Credit Limit is the maximum amount you may have outstanding at any one time. You agree not to attempt, request, or obtain a credit advance that will make your Credit Una Account balance exceed your Credit Limit. Your Credit Limit will not be increased should you overdraw your Credit Line Account. It you exceed your Credit Limit, you agree to repay immediately the amount by which your Credit Line Account exceeds your Credit Limit, even if we have not yet billed you. Any credit advances in excess of your Credit Limit will not be secured by the Mortgage covering your principal dwelling. Charges to your Credit Line. We may charge your Credit Line to pay other fees and costs that you are obligated to pay under this Agreement, the Mortgage or any other document related to your Credit Line. In addition, we may charge your Credit Line for funds required for continuing insurance coverage as described in the paragraph titled 'insurance" below or as described in the Mortgage for this transaction. We may also, at our option, charge your Credit Una to pay any costs or expenses to protect or perfect our security interest in your principal dwelling. These costs or expenses include, without limitation, payments to cure defaults ceder any existing Herbs on your principal dwelling. If you do not pay your property taxes, we may charge your Credit Una and pay the delinquent taxes. Any amount so charged to your Credit Line will be a credit advance and will decrease the funds available, if any. under the Credit Line. However, we have no obligation to provide any of the credit advances referred to in this paragraph. Credit Advances. After the Effective Disbursement Date of this Agreement, you may obtain credit advances under your Credit Line as follows: Credit Line Checks. Writing a preprinted "Credit Line Check' that we will supply to you. If there is more than one person authorized to use this Credit Line Account, you agree not to give us conflicting instructions, such as one Borrower telling us not to give advances to the other. Limitations on the Use of Checks. We reserve the right not to honor Credit Line Checks in the following circumstances: Credit Umit Violation. Your Credit Limit has been or would be exceeded by paying the Credit Line Check. Post-dated Checks. Your Credit Liro Check is post-dated. If a post-dated Credit Lira Check is paid and as a result any other check is returned or not paid, we are not responsible. Stolen Checks. Your Credit Litre Checks have been reported lost or stolen. Unauthorized Signatures. Your Credit Una Check is not signed by an 'Authorized Signer' as defined below. Termination or Suspension. Your Credit Line has been terminated or suspended as provided in this Agreement or could to if we paid the Credit Line Check. Other Restriction. Less Than Minimum. Your credit line check is less than the minimum amount required by this Agreement or you are in violation of any other transaction requireemnt or would be it we paid the check. If we pay any Credit Line Check under these conditions, you must repay us, subject to applicable laws, for the amount of the Credit Line Check. The Credit Line Check itself will be evidence of your debt to us together with this Agreement. Our liability, if any, for wrongful dishonor of a check is limited to your actual damages. Dishonor for any reason as provided in this Agreement is not wrongful dishonor. We may choose not to return Credit Line Checks along with your periodic billing statements; however, your use of each Credit Une Check will be reflected on your periodic statement as a credit advance. We do not "certify' Credit Line Checks drawn on your Credit Line. EXHIBIT _A___ Borrower: MICHAEL L MAHAR Lender: E•TRADE Bank PO BOX 11383 Consfam r Lending Headquarters TEMPE, AZ 85284 671 North Globe Road Arlington, VA 22203 HOME EQUITY LINE OF CREDIT AGREEMENT Pays 2 (Continued) Transaction Requirements. The following transaction limitations will apply to the use of your Credit Line: LI Credit Una Check Limitations. The following transaction limitations will apply to your Credit Line and the writing of Credit Line Gedlt as Checks. Minimum Advance Amount. The minimum amount of any credit advance that can be made on your Credit Line is 5100.00. This means any Credit Line Check must be written for at least the minimum advance amount. Authorized Signers. The words 'Authorized Signer" on Credit Line Checks as used in this Agreement mean and include each person who (a) signs the application for this Credit Line, (b) signs this Agreement, or Ic) has executed a separate signature authorization card for the Credit Line Account. Lost Credit Line u can notify Checks. If usual sour e your C address shown at the beginning of this Agreement. without your permission, you agree to let us know immediately. Future Credit Una Services. Your application for this Credit Line also serves as a request to receive any new services (such as access devices) which may be available at some future time as one of our services in connection with this Credit Line. You understand that this request is voluntary and that you may refuse any of these now services at the time they are offered. You further understand that the terms and conditions of this Agreement win govern any transactions made pursuant to any of these now services. Collateral. You acknowledge this Agreement is secured by the following collateral described in the security instrument listed herein: an Open-End Mortgage to us on real property located in CUMBERLAND County, Commonwealth of Pennsylvania. The Real Property or its address is commonly known as 822 ANTHONY DRIVE, MECHANICSBURG, PA 17060. Insurance. You must obtain insurance on the Property securing this Agreement that is reasonably satisfactory to us. You may obtain property insurance through any company of your choice that is reasonably satisfactory to us. You have the option of providing any insurance required under this Agreement through an existing policy or a policy independently obtained and paid for by you, subject to our right, for reasonable cause before credit is extended, to decline any insurance provided by you. Subject to applicable law, if you fail to obtain or maintain insurance as required in the Mortgage, we may purchase insurance to protect our own interest, add the premium to your balance, pursue any other remedies available to us, or do any one or more of these things. Right of Setoff. To the extent permitted by applicable law, we reserve a right of setoff in all your accounts with us (whether checking, savings, or some other account), including without limitation, all accounts you may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. You authorize us, to the extent Permitted by applicable law, to charge or setoff all sums owing on this Agreement against any and an such accounts. Periodic Statements. If you have a balance owing on your Credit Line Account or have any account activity, we will send you a periodic statement. It will show, among other things, credit advances, FINANCE CHARGES, other charges, payments made, other credits, your "Previous Balance." and your "New Balance." Your statement also will identify the Minimum Payment you must make for that billing period and the date it is due. When FINANCE CHARGES Begin to Accrue. Periodic FINANCE CHARGES for credit advances under your Credit Line will begin to accrue on the date credit advances are posted to your Credit Line. There is no 'free ride period" which would allow you to avoid a FINANCE CHARGE on your Credit Line credit advances. Method Used to Determine the Balance on Which the FINANCE CHARGE Will Be Computed. A daily FINANCE CHARGE will be imposed on all credit advances made under your Credit Line imposed from the date of each credit advance based an the 'Average Daily Balance' (including current transactional in this account during the billing cycle. To get the Average Daily Balance we take the beginning balance of your Credit Line Account each day and add any new advances posted that day; and subtract any payments, credits, Late Charges, Annual Fees, other charges and unpaid Finance Charges. This give us a daily balance. Then we add up an the daily balances for the billing cycle and divide by the total number of days in the billing cycle. The result is the Average Daily Balance. Method of Detemdrdng the Amount of FINANCE CHARGE. Any FINANCE CHARGE is determined by applying the "Periodic Rate" to the balance described herein. This is your FINANCE CHARGE calculated by applying a Periodic Rate. Periodic Rate and Conespooding ANNUAL PERCENTAGE RATE. This Credit Line Account has tiered rates as shown below, and the rate that applies to you depends an your outstanding balance in effect from time to time. We will determine the Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE as follows. Initially, wa will apply the discounted rates shown herein. Thereafter, we start with an independent index which is the Prime rate as published in the Well Street Journal. When a range of rates has been published. the higher of the rates will be used (the "Index"). For any billing cycle, we will use the Index value for the last day of the preceding calendar month which is reported. To determine the Periodic Rate that win apply to your First Payment Stream, we add a margin to the value of the Index, then divide the value by the number of days in a year (daily). To obtain the ANNUAL PERCENTAGE RATE we multiply the Periodic Rate by the number of days in a year (daily). This result is the ANNUAL PERCENTAGE RATE for your First Payment Stream. To determine the Periodic Rate that win apply to your Second Payment Stream, we add a margin to the value of the Index, then divide the value by the number of days in a year (daily). To obtain the ANNUAL PERCENTAGE RATE we multiply the Periodic Rate by the number of days in a year (daily). This result is the ANNUAL PERCENTAGE RATE for your Second Payment Stream. The ANNUAL PERCENTAGE RATE includes only interest and no other costs. The Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE on your Credit Line will increase or decrease as the Index increases or decreases from time to time. Any increase in the Periodic Rate will take the form of higher payment amounts. Adjustments to the Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE resulting from changes in the Index will take effect monthly. In no event will the corresponding ANNUAL PERCENTAGE RATE be more than the lesser of 24.000% or the maximum rate allowed by applicable law. Today the Index is 6.750% per annum, and therefore the initial Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE on your Credit Line are as stated below:SSSSS3 Term of Discount Range of Balances First 03 payments AN Balances Rates During the Discount Period ANNUAL PERCENTAGE Discounted Rats RATE 3.990% 3.990% Daily Periodic Rate 0.01093% The term of the discount period Is 3 payments. The discounted rate will be In effect through the appropriate number of billing cycles following the opening of your account. Current Non-discounted Rates for the First Payment Stream Range of Balance Margin Added ANNUAL PERCENTAGE Daily Periodic or Conditions to index RATE Rate An Balances 3.870% 10.62S% 0.02911 96 Current Non-discounted Rates for the Second Payment Stream Range of Balance Margin Added ANNUAL PERCENTAGE Doily Periodic ar Condtions to Index RATE All Solstices 3.875% 10.625% 0.02911 % Notwithstanding any other provision of this Agreement, we will not charge Interest on any undlsbursed loan proceeds, except as may be permitted during any Right of Resdssion period. Conditions Under Which Other Charges May Be Imposed. You agree to pay all the other fees and charges related to your Credit Line as set forth below: Annual Fee. A nonrefundable Annual fee of $50.00 will be charged to your Credit Line at the following time: The Annual Fee will be charged to your Credit Line Account on the first day of each billing cycle immediately following each anniversary of the account during the Draw Period. The Annual Fee will not be charged during the first year of the Draw Period. HOME EQUITY LINE OF CREDIT AGREEMENT page 3 (Continued) Returned Items. You may be charged 625.00 if you pay your Credit Line obligations with a check, draft, or otter item that is dishonored for any reason, unless applicable law requires a lower charge or prohibits any charge. Fee to Stop Payment. Your Credit Line Account may be charged 625.00 when you request a stop payment on your account. Late Charge. Your payment will be late if it is not received by us within 15 days after the "Payment Due Date' shown on your periodic statement. If your payment is late we may charge you 10.000% of the payment or 625.00, whichever is greater. Other Charges. Your Credit Una Account may be charged the following other charges: Returned Line of Credit Check Fee. We will charge you a fee for each check written on this account which is properly dishonored by us for any reason. The amount of this other charge is: 625.00. Lender's Rights. Under this Agreement, we have the following rights: Termination and Acceleration. We can terminate your Credit Line Account and require you to pay us the entire outstanding balance in one payment, and charge you certain fees, if any of the following happen: (1) You commit fraud or make a material misrepresentation at any time in connection with this Credit Agreement. This can include, for example, a false statement about your income, assets, liabilities, or any other aspects of you financial condition. (2) You do not most the repayment terms of this Credit Agreement. (3) Your action or inaction adversely effects the collateral for the plan or our rights in the collateral. This can include, for example, failure to maintain required insurance, waste or destructive use of the dwelling, failure to pay taxes, death of all persons liable on the account, transfer of title or sale of the dwelling, creation of a senior lien on the dwelling without our permission, foreclosure by the holder of another hen, or the use of funds or the dwelling for prohibited purposes. Suspension or Reduction. In addition to any other rights we may have, we can suspend additional extensions of credit of reduce your Credit Limit during any period in which any of the following are in effect: (1) The value of your property declines significantly below the property's appraised value for purposes of this Credit Line Account. This includes, for example, a decline such that the initial difference between the Credit Limit and the available equity is reduced by fifty percent and may include a smaller decline depending on the individual circumstances. (2) We reasonably believe that you will be unable to fulfill your payment obligations under your Credit Line Account due to a material change in your financial circumstances. (3) You are In default under any material obligations of this Credit Una Account. We consider all of your obligations to be material. Categories of material obligations include the events described above under Termination and Acceleration, obligations to pay fees and charges, obligations and limitations on the receipt of credit advances, obligations concerning maintenance or use of the property or notify proceeds, obligations to pay and perform the terms of any other deed of trust, mortgage or lease of the propvrM,aoob gable awe (such as and to provide documents or information to us (such as updated financial information), obligations to comply zoning restrictionsl, and obligations of any comaker. No default will occur until we mail or deliver a notice of default to you, so you can restore your right to credit advances. (4) We are precluded by government action from imposing the ANNUAL PERCENTAGE RATE provided for under this Agreement. (5) The priority of our security interest is adversely affected by government action to the extent that the value of the security interest is less than one hundred twenty percent (120%) of the Credit Limit. (6) We have been notified by governmental authority that continued advances may constitute an unsafe and unsound business practice. Change In Terms. We may make changes to the terms of this Agreement if you agree to the change in writing at that time, if the change will unequivocally benefit you throughout the remainder of your Credit Line Account, or if the change is insignificant (such as changes relating to our data processing systems). If the Index is no longer available, we will choose a new Index and margin. The new Index will have an historical movement substantially similar to the original Index, and the new Index and margin will result in an ANNUAL may ohibit PERCENTAGE RATE that is substantially similar to the rate in effect at the time the original in maximumdex ANNUAL PERaable. WE RATErundar ch the additional extensions of credit or reduce your Credit Limit during any period your Credit Line Account is reached. Collection Costs. Subject to any limits under applicable law, upon default, you agree to pay our attorneys' fees and all of our other collection expenses, whether or not there is a lawsuit, including legal expenses for bankruptcy proceedings. Rate Increase. In addition to our other rights during termination and acceleration, we may increase the variable ANNUAL PERCENTAGE RATE under. this Agreement to 24.000 percent per annum. The ANNUAL PERCENTAGE RATE will not exceed the maximum rate permitted by applicable law. If we do not increase the ANNUAL PERCENTAGE RATE upon termination or acceleration of your Credit Una Account, it will continue at the variable rate in effect as of the date of termination or acceleration of your Credit Line Account. Access Devices. If your Credit Line is suspended or terminated, you must immediately return to us all Credit Line Checks and any other access devices. Any use of Credit Line Checks or other access devices following suspension or termination may be considered fraudulent. You will also remain liable for any further use of Credit Line Checks or other Credit Line access devices not returned to us. Delay In Enforcement. We may delay or waive the enforcement of any of out rights under this Agreement without losing that right or any other right. If we delay or waive any of our rights, we may enforce that right at any time in the future without advance notice. For example, of terminating your account for non-payment will of be a waiver of our right to terminate your account in the future if you have not paid. Cancellation by you. If you cancel your right to credit advances under this Agreement, you must notify us and return all Credit Line Checks and any other access devices to us. Despite cancellation, your obligations under this Agreement will remain in full force and effect until you have paid us all amounts due under this Agreement. Prepayment. You may prepay all or any amount owing under this Credit Line at any time without penalty, as long as the account is of closed. It you close the account within 24 months of opening it, we will charge you an early account closure penalty of 6300. Payments in excess of your Minimum Payment will not relieve you of your obligation to continue to make your Minimum Payments. Instead, they will reduce the principal balance owed on the Credit Line. You agree not to send us payments marked "paid in full", "without recourse", or similar language. If you send such a payment, we may accept it without losing any of our rights under this Agreement, and you WIN remain obligated to pay any further amount owed to us. AN written communications concerning disputed amounts, including any check or other payment instrument that inicates that the payment sat sfactin of a disputed amount) must be mailed or delivered to: amount Bank, Consume Loan Center, 273Liberty Avlenue tPittsbu gh, AI 15222. Notices. All no8ges will be sent to your address as shown in this Agreement. Notices will be mailed to you at a different address if you give us written notice of a different address. You agree to advise us promptly if you change your malting address. described policy privacy our and Credit Information and Related otMamma. ice v?duyourd'ned oyp to f opt out of the appicabe policy, ors pe mlitted by l w. You agree tit at, upon our our Fair Credit Reporting Act notice, , pr request, you will provide us with a current financial statement, a new credit application, or both, on forma provided by us. You also agree we may obtain credit reports on you at any time, at our sole option and expense, for any reason, including but not limited to determining whether there has been an adverse change in your financial condition. We may require a new appraisal of the Property which secures your Credit Line at any time, including an internal inspection, at our sole option and expense. Transfer or Assignment. Without prior notice or approval from you, we reserve the right to sell or transfer your Credit Una Account and our rights and obligations under this Agreement to another lender, entity, or person, and to assign our rights under the Mortgage. Your rights under this Agreement belong to you only and may of be transferred or assigned. Your obligations, however, are binding on your heirs and legal representatives. Upon any such sale or transfer, we will have no further obligation to provide you with credit advances or to perform any other obligation under this Agreement. warranty Tax Consequences. You understand that neither we, or any of our employees oragents, a ake t any b hey eserttation, arid that neither whatsoever nor concerning the tax consequences of your establishing and using your Credit Line, including our employees or agents will be liable in the event interest on your Credit Line is not deductible. You should consult your own tax advisor for guidance on this subject. Jury Waiver. We and you hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either us or you against the other. Servicing Number Contact Information. Once your account number has been established, please contact 1-800-321-2206 with inquiries regarding your loan account. Notify Us of Inaccurate Information We Report To Consumer Reporting Agencies. Please notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(s) should be sent to us at the following HOME EQUITY LINE OF CREDIT AGREEMENT (Continued) Page 4 address: E•TRADE Bank, c/o Centralized Customer Assistance, 2730 Liberty Avenue, Pittsburgh, PA 15222. Governing Law. This Agreement will be governed by and Interpreted in accordance with federal law and the laws of the Commonwealth of Virginia. The laws of the Commonwealth of Virginia will apply except to the extent that federal law applies. This Agreement has been accepted by us M the Commonwealth of Virginia. Choi:* of Venue. If there is a lawsuit, you agree upon our request to submit to the jurisdiction of the applicable courts for Arlington County, Commonwealth of Virginia. Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the provisions of this Agreement. Interpretation. You agree that this Agreement, together with the Mortgage, is the beat evidence of your agreements with us. If we go to court tot any reason, we can use a copy, filmed or electronic, of any periodic statement, this Agreement, the Mortgage or any other document to prove what you owe us or that a transaction has taken place. The copy, microfilm, microfiche, or optical image will have the same validity as the original. You agree that, except to the extent you can show there is a billing error, your most current periodic statement is the best evidence of your obligation to pay. Severabifity. If a court finds that any provision of this Agreement is not valid or should not be enforced, that fact by itself will riot mean that the rest of this Agreement will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Agreement even if a provision of this Agreement may be found to be invalid or unenforceable. Arbitration. You and we agree that all disputes, claims and controversies between us whether Individual, joint, or class In nature, arising from this Agreement or otherwise, Including without limitation contract and tort disputes, shall be arbitrated pursuant to the Code of Procedure of the National Arbitration Forum In effect at the time the claim Is filed, upon request of after party. No act to take or dispose of any Property shall constitute a waiver of this arbitration agreement or be prohibited by this arbitration agreement. This includes, without limitation, obtaining injunctive relief or a temporary restraining order: Invoking a power of sale under any deed of trust or mortgage: obtaMing a writ of ottachmont or Imposition of a receiver; or exercising any rights reletIng to personal property. Including taking or disposing of such property with or without Judicial process pursuant to Article 9 of the Uniform Cornmarclel Code. Any disputes, claim, or controversies concerning the lawfulness or reasonableness of any act, or exercise of any right, concerning any Property, including any claim to reacktd, reform, or otherwise modify any agreement raletbmg to the Property, shag sleo be arbitrated, provided however that no arbitrator shall have the right or the power to enjoin or restrain any ale of any party. Judgment upon any award rendered by any arbitrator may be entered in any court having jurisdiction. Nothing in this Agreement shag preclude. mW party from asking equitable relief from a court of 'competetd jurisdiction. The statute of Nmlhtirns, estoppel, waiver, [aches, and similar doctrines which would otherwise be applicable In an action brought by a party shag be applicable in any arbitration proceeding, and the commencement of an arbitration proceeding shall be deemed the commencement of an action for these purposes, The Federal Arbitration Act shall apply to the construction. Interpretation, and enforcement of this arbitration provision. Acknowledgment. You understand and agree to the terms and conditions in this Agreement. By signing this Agreement, you acknowledge that you have read this Agreement. You also acknowledge receipt of a completed copy of this Agreement, Including the Farr Credit Billing Notice and the early home equity line of credit application disclosure, in addition to the handbook entitled "What you should know about Home Equity Lines of Credit,' given with the application. This Agreement is dated October 18, 2005. THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: / X k-6- Issaif MICHAEL L MAHAR ??p P Nutan H. Parlth, NoLnry Pubir hirer Alien Ttvp., Cu bedarld Carney My Cominssion Exp ras May 2& 2006 HOME EQUITY LINE OF CREDIT AGREEMENT (Continued) Page 5 BILLING ERROR RIGHTS YOUR BILLING RIGHTS KEEP THIS NOTICE FOR FUTURE USE This notice, contains important information about yow rights and our responsibilities under the Fair Credit Billing Act. Notify us in case of errors or questions about your bill. If you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a separate sheet at VTRADE Bank AttondDn: Centralized Customer Assistance 2730 Lberty Avenue Pksaburgh, PA 15222 or at the address listed on your bill. Write to us as soon as possible. We must hear from you no [star than sixty (601 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following Information: Your name and account number. The dollar amount of the suspected error. Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are not sure about. If you have authorized us to pay your bill automatically from your savings or checking account, you can stop the payment on any amount you think is wrong. To stop the payment, your letter must reach us three (3) business days before the automatic payment is scheduled to occur. Your rights and our responsibilities after we receive your written notice. We must acknowledge your letter within thirty (3D) days, unless we have corrected the error by then. Within ninety (401 days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to bill you for the amount you question, including finance charges, and we can apply any unpaid amount against your Credit Limit. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount. If we didn't make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date on which it is due. If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within ten (10) days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your bill. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. If we don't follow these rules, we can't collect the first $50 of the questioned amount, even if your bill was correct, ago ler4 ? _ 4 ,Y ?Wn,.., w.. iw). m. ,., Yw ?....r. . v,, iacmwapnac n.,esaaua ?+xtvaao r ?r F ?v 'V1 parcel Identification Number: 10-17.1032028 RECORDATION REQUESTED BY: E•TRADE Bank ConsGmer Lending Headquarters 671 North Glebe Road Arlington, VA 22203 WHEN RECORDED MAIL TO: E•TRADE Bank Consumer Loan Center (P5-PCLC-01-0 2730 Liberty Avenue Pittsburgh, PA 15222 SEND TAX NOTICES TO: MICHAEL L MAHAR PO BOX 11383 R"IDERT P, ZiEGLER OF DEEDS . . • C,,I111TY-P", :5 OCT 31 AN 11 `f0 E*T'RADEBANK 1 o-73`013 OPEN - END MORTGAGE THIS MORTGAGE SECURES FUTURE ADVANCES MAXIMUM LIEN. The unpaid principal balance of advances exclusive of secured by the Mortgage an unpaid balances of advances and other extensions of credit, for the and payment of taxes, assessments, maintenance shall not exceed at any one time $32,000.00urred for the protection of the mortgaged P Amount Secured Hereby: $32,000.00 THIS MORTGAGE dated October 18, 2005, is made and executed between MICHAEL L MAHAR, whose address is PO BOX 11383, TEMPE, AZ 85284; .,Married (referred to below as "Grantor") and E" TRADE Bank, whose address is 671 North Glebe Road, Arlington, VA 22203 (referred to below as "Lender"). GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, and gfi?xtures;ball releases, property, together with mortgages stingnorrsuall of Grantor's bsequently erec ed,ortiaffixed Ibued ngsn imand to llowin streets, manes, alleys, passages, and ways; all easement, right of way, all liberties, privileges, tenements, str rtenant hereafter, and the reversions and hereditamrnts, and appurtenances thereunto belonging or anywise made appU remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities ng with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real roperty "1 (Ong without in limitation all minerals, oil, gas, geothermal and similar matters, (the "; 9H2 roppeAt _ 1 ?T-, ?? 2 `? CUMBERLAND County, Commonwealth of Pennsylvania: ?oo K'? '11 1 11 this The Real Property or its address is commonly known parcel i 22tifcat HONY DRIV is MECHANICSBURG, PA 17050. The Real Property P 10-17-1032028. REVOLVING LINE OF CREDIT. This Mortgage secures the indebtedness including, without limitation, a revolving line of the credit, which obligates Lender to make advances to Grantor Credit Agreement. Such advances may be made. repaid, and remade from time falls to time, comply toitheelimitattiionf that 5X1928FG4156 EXHIBIT MORTGAGE (Continued) Page 2 the total outstanding balance owing at any one time, not including finance charges on such balance at a fixed or variable rate or sum ss provided In the Credit Agreement, any temporary overages, other charges, and any amounts expended or advanced as provided In either the Indebtedness paragraph or this paragraph, shall not exceed the Credit Limit as provided In the Credit Agreement. It is the intention of Grantor and Lender that this Mortgage secures the balance outstanding under the Credit Agreement from time to time from zero up to the Credit Limit as provided In the Credit Agreement and any intermediate balance, plus interest. Grantor presently assigns to Lender all of Granter's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF EACH OF GRANTOR'S AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in good condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (11 During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c? any actual or threatened litigation or claims of any kind by any person relating to such matters; and f3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (21 agrees to indemnify and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage, including the obligation to indemnify, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance not commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing. Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all 8f? 19 2 3 pp, 157 MORTGAGE (Continued) Page 3 reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage. mply r f _ laws ordin t e use or Ioc upancy oft he es, Complance with o hovernmen after in n effect,, of all Requirenrientsgovernmental. Grantor es, applicab e to regulations, Property. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing poor to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bon, reasonably satisfactory to Lender, to protect Lender's interest. Grantor shall do all ocher Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. acts, in addition to those acs set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. art of this Mortgage: TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part all taxes, payroll taxes, Pam*nt. Grantor shall pay when due (and in s ssmen s. water charges and sewer service Icharrges le prior vied agent or on delinquency) account of the Property, and specie shall pay taxes, al furnished as the when due all crapes y for work don on or for services free of anyliens having priorityroveeordequal to trhe inte rest of L nderr u der th sr Mortg shall age, maintain the Property except for those liens specifically agreed to in writing by lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest paragraph. Right to Curtest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith Property i ardized. not j aris dispute over the obligation to mpay, o long ent,Gran ore shall Lender's within fifte nr (15) days aftersthe lienpariises or, lit al'lien is f led, is filed as a result of s after endrefrdepos ttwith Lender cash oroa sufficient corporate 'surety bond or other security satisfactory to Lender requested in an Lender accrue and shall under the lien. and attorneys' fees, or other chges contest, Grantor shall defends thatandcould esuft amount of a sufficient foreclosure dischge sale the satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes thegovern Property. official to deliver to Lender at any time a written days statement f the taxes and assessments age appropriate commenced Notice of Construction. e furnished, or any materials are supplied to the Property, fl any mechanic's lien, mater a man's l en, or services a other lien could be asserted on account of he work, services, or materials and the cost exceeds $25,000.00. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage: Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extends surable value Imp ing cov the coverage endorsements a replacement basis for the full of anyncoinsurra ce clause. aandllwi hrav standard me tg gee Property in an amount sufficient to avoid application clause in favor of Lender. Policies shall be written by such insurance companies an in such form as may reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer of t imum diminishe not at cov days' Prio wr ttenrOtice ouLenderhand notrconta ning any dcancelled isclai er of the insurer'st liabil tyr for failure toagive such notice. contain stip Each insurance policy also shall include an endorsement providing that coverage in favor of tender will not be I flood designated by he omission Dia torn of the FderaloEmegencyhManagement SAgency as Real Property be located in an n area way by any act, hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, it available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, for t ec arxiimuthe loan, up t m mount ofOy ur credit line and the full unpaid principal balance of any prior liens on the property maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. replacement exceeds 1-.00.dLender may make proof oS loss if Grantor efa se to t Application cot of repair promptly estimated do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's lection, and the proceeds of Indebtedn ss,'paymentrof any lien ffe affecting theaP Property, or the restoration androrepair sof thehProperty!oIf Lender un 1928PG4 158 a MORTGAGE (Continued) Page 4 elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburge Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. LENDER'S EXPENDITURES. If Grantor fails (Ai to keep the Property free of all taxes, liens, security interests, encumbrances, and other claims, (B) to provide any required insurance on the Property, or (C) to make repairs to the Property then Lender may do so. If any action or proceeding is commenced that would materially affect Lender's interests in the Property, then Lender on Grantor's behalf may, but is not required to, take any action that Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Credit Agreement from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Credit Agreement and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable Insurance policy; or (2) the remaining term of the Credit Agreement; or (C) be treated as a balloon payment which will be due and payable at the Credit Agreement's maturity. The Property also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of any default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had. Grantor's obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage: Tide. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal parry in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Promises. AN promises, agreements, and statements Grantor has made in this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature and shall remain in full force and effect until such time as Grantor's Indebtedness is paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Not Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all actual costs, expenses, and attorneys' fees incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Mortgage: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to Blf 192SPG! 159 MORTGAGE Page 5 (Continued) this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expanses incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage. which his section Taxes. The on shall ioftthea In; stsecured by this Mortgage; 122)arspecifc taxtofn Grant r Mortgage upon all ll or any part rom payments which Grantor is authorized or required oft Morrtgagefchargeable againththenLendenorsthechodebofhtis ty he Credit Mortgage; (3) a tax on this type ortion of the Indebtedness or on payments of principal and Agreement; and ( (4) a specific tax on all or any, p interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent t sehe date all of its a rtgrlabl , this event shall have the same effect as an Event of Default, and Lender may exerc any or remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage: urity have all of then ights ofca secured party undethe extent any of the Property the Uniform Commercial Code fixtures, and instrument shall constitte a Agreement constitutes Agreement. as amended from time to time. is req act Secwity Interest. Upon request by Lender, Grantor shall take whatever actto record a to is Mortgage t the perf real In addition ng and continue Lender's security interest in the Personal Property property records, Lender may, at any time and without further authorization from Grantor, file executed as a not remove count ortgage financing for alleexpensesrparts, nrcu red inrperfecrting or continuing th is security me rest BtUpon de ault, Grant lr shall reimburse sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (31 days after receipt of written demand from Lender to the extent permitted by applicable law, clone concerning thehsecurity gnteret addresses granted by this Mortgage a may be obtai(secured ned (each party) as equ redhby theoUniform Commercial Code) are as stated on the first page of this Mortgage. FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and additional authorizations are a part of this Mortgage: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or cause to be made, Lander, causre to be filed, ecorded,erefi ed,ordrerecorded, as the case may be, at s ch times and nrsuchsoffices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security opinion t of Lender, be necessary or desirablein o der to effectuatecertifi,ccompleteates, agreements, financing in the sole continuation other documents as may, , and the perfect, continue, or preserve (}) Grantor's obligations under the Credit Agreement, this Mortgage, Related Documents, and (2) the liens and security interests created by this Mortgage on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Lender Addid"I Authorizations. If Grantor fails to do any of the things referred to in the preceding paragraph, may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably authorizes Lender to make, execute, deliver, file, record and do all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It is understood that nothing set forth herein shall require Lender to take any such actions. FULL PERFORMANCE. If Grantor pays all the Indebtedness, including without limitation all future advances, when due, imposed under this Grantor this Mortgage upond suitable t ttements execute and delliver antherwiseriormi; all the ar suitable s obligatoions terminates Lender r line account, and Mortgage, the Rents Personal of. termination Grantor will financing P mittetl by applicable evidencing law, a y reasonable term nation feel as determined byt ender from Property. time to time. if any of the following happen: (A) Grantor EVENTS OF DEFAULT. Grantor will be in default under this Mortgage BK192uPG4160 IS MORTGAGE {Continued} Page 6 commits fraud or makes a material misrepresentation at any time in connection with the Credit Agreement. This can include, for example, a false statement about Grantor's income, assets, liabilities, or any other aspects of Grantor's financial condition, (8) Grantor does not most the repayment terms of the Credit Agreement. (C) Grantor's action or inaction adversely affects the collateral or Lender's rights in the collateral. This can include, for example, failure to maintain required insurance, waste or destructive use of the dwelling, failure to pay taxes, death of all persons liable on the account, transfer of title or sale of the dwelling, creation of a senior lien on the dwelling without Lender's permission, foreclosure by the holder of another lien, or the use of funds or the dwelling for prohibited purposes. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the entire Indebtedness immediately due and payable. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of it secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Grantor, to take possession,of the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right. Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably authorizes Lender to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property. Nonjudicfal Sob. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the Personal Property or the Real Property by non-judicial sale. Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this section. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or 12) vacate the Property immediately upon the demand of Lender. Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Credit Agreement or available at law or in equity. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of Salo. Lender will give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Rear Ptop". FJection of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. An election by Lender to choose any one remedy will not bar Lender from using any other remedy. If Lender decides to spend money or to perform any of Grantor's obligations under this Mortgage, after Grantor's failure to do so, that decision by Lender will not affect Lender's right to declare Grantor in default and to exercise SI{ 192GFIG l I G MORTGAGE Page 7 (Continued) Lender's remedies. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, attorneys' fees at trial and s Lender shall be entitled to recover such sum as the court may adjudge reasonable as upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, a iall . on are necessary at payable on demand and shall bear incurs that in Lander's optnt enforcement of its rights shall become a part of the Indebtednesspayabla for the protection of its reasonable expenses interest or the interest or the Credit Agreement rate ft om the date of the expenditure until repaid. Expenses covered by this , Lender's attorneys' fees fees and expenses for paragraph include, without limitation, however subject to any limits under applicable law and any and Lender's legal expenses, whether or not there is a lawsuit. including attorneys' or injunctio bankruptcy proceedings (including efforts to modify Co vacate searching matic stay obtaining ttn ,apor s(in lading any anticipated post-judgment collection services, the foreclosure reports), , surveyors' reports, and appraisal fees and title insurance, to the extent permitted by applicable law- Grantor also will pay any court costa. In addition notice required to be given under this Mortgage shall be (unless NOTICES. Unless otherwise provided by applicable law, any whe given in writing, and shall be effective when a cally deli$?a9 Z d on aciutlly receive ore it bmailedf whenridepos'tted otherwise required by low), when deposited ses in the United States mail, as first la All certified onotceseoffffo ec?losureeffrom the rho derv of°any lien hichshas prig ity over the beginning of this Mortgage. shall be sent to Lender's address. as over this Mortgage and notices pursuant to 42 Pa. C.S.A. Section 8143, at, seq., shown near the beginning of this Mortgage. Any person may change his or her address for notices under this mortgage of Grantor's change allftimthe esnotice to keep specifying L Lander informed at purpose For notice to the other person giving formalwritten purposes, Grantor ogrespersons person's current person's nles responsib I tyn otic given te11 he others of the notice given pltoaall Gr ntors. It will be Gthanrantorone Grantor, any address. Uor issdeemed to provided by any Grantor notice from Lender. MISCELLANEOUS PROVISIONS. The following miscellaneous n the Related DocumentsfishGrantor9s entire agreement with Amendments. What is written in this Mortgage and change or amendment to this Lender concerning the matters covered by this Mortgage. To be effective, any Mortgage must be in writing and must be signed by whoever will be bound or obligated by the change or amendment. s, claims whether Arbitration. Grantor nature, arising from thistMortgageeor otherwise,, includingrwithout limitation contractrand tort the dint, or class in shah constitute a re of National disputes, shop be arbitrated pursuant to the Code of No actuo take or dispose of sr?iry?PertYm in effect at the time the claim is filed, upon request either party. waiver of this arbitration agreement t or be prohibited by this arbitration agreement. This includes, without limitation, obtaining Injunctive relief or a temporary restraining order; invoking a power of eels under any deed of trust or mortgage: obtaining a wrh of attachment or Imposition of a recelvgr; or exercising any rights relating to with or without judicial process pursuant to personal property, including taking disposing of such property Article 9 of the Uniform Commercial Code. Any disputes, claims, or controversies concerning the lawfulness or ht, concerning any that reasonableness of any act, n a reement of any r relating to the Property, shall also be property, arbitrated including , any claiprovidedm to however rescind, reform, or otherwise modify any fi Judgment upon any award no arbitrator shah have the right or the power to enjoin or restrain any act of any party. this Mortgage shall preclude rendered by any erbftrator may be entered in any court having jurisdiction. Nothing any party. from seeking equitable relief from a court of competent judsdlctton. The statute of gmitations, estoppel, waiver, Inches, and slimilor doctrines which would otherwise be applicable in an action brought by a party shad be of an procee ll be applicale nornnt any of an actionrffoorthesge purpooses° Then Federal Arbitratarbitr ion Act shad aply teethe constructions comm omma ee interpretation, and enforcement of this arbitration provision. Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the provisions of this Mortgage. rthe l and Gov*mlng Low. Mortgage Will be governed by and he Coommo wealthi of f Virginia. except and only to the externtt of procedural amatte st related?to the pe the la ows o the C which will be governed by the laws of the Cenforcement of Lender's rights and remedies against the Property, ovlslon of the phtmonweslth of Pennsylvania. However, if there ever is s question shout whether any pr governed Mortgage is valid or enforceable, and enfoeceable questioned The loan iltra saction which shevidenced by the Credit law would find the provision to be valid for, considered, approved and made, and all nsi;Wary loan Agreement and this Mortgage has been applied documents have been accepted by Lender in the Commonwealth of Virginia. Choice of Vanua. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the BKI928PGL"162 MORTGAGE (Continued) Page 8 applicable courts for Arlington County, Commonwealth of Virginia. No Waiver by Lender. Grantor understands Lender will not give up any of Lender's rights under this Mortgage unless Lender does so in writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender does agree in writing to give up one of Lender's rights, that does not mean Grantor will not have to comply with the other provisions of this Mortgage. Grantor also understands that if Lender does consent to a request, that does not mean that Grantor will not have to get Lender's consent again if the situation happens again, Grantor further understands that just because Lender consents to one or more of Grantor's requests, that does not mean Lender will be required to consent to any of Grantor's future requests. Grantor waives presentment, demand for payment, protest, and notice of dishonor. Severabitity. If a court finds that any provision of this Mortgage is not valid or should not be enforced, that fact by itself will not mean that the rest of this Mortgage will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Mortgage even If a provision of this Mortgage may be found to be invalid or unenforceable. Merga. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. Time Is of the Essence. Time is of the essence in the performance of this Mortgage. Waive Jury. All parties to this Mortgage hereby waive the right to any jury trial In any action, proceeding, or counterclaim brought by any party against any other party. DERNITIONS. The following words shall have the following meanings when used in this Mortgage: Borrower. The word "Borrower" means MICHAEL L MAHAR and includes all co-signers and co-makers signing the Credit Agreement. Credit Agreement. The words "Credit Agreement" mean the credit agreement dated October 18, 2005, with credit limit of $32,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of this Mortgage is September 18, 2022. Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation-the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), .the Hazardous- Materials Transportation Act, 49 U.S.G. Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto: Event of Default. The words 'Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of this Mortgage. Grantor. The word "Grantor" means MICHAEL L MAHAR. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Credit Agreement or Related Documents, together with all renewals of, extensions of, modifications of, consolidations.of and substitutions for the Credit Agreement or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage. The liens and security interests created pursuant to this Mortgage covering the Indebtedness which may be created in the future shall relate back to the date of this Mortgage. SK 1923PGLs 163 MORTGAGE Page 9 (Continued) a words "successors or Lender. The word "Lender` meaann t-TRa qui esnany interesten the Credit Agreement. assigns" mean any person or comp y _ Mortgage, The word "Mortgage" means this Mortgage between all Grntonand Lender and other articles of personal Personal Property. The words owned by nal Property" mean , ro such property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; refunds such together with all accessions, parts, and additions to, all epl Irmrtat on falland urall ance substitutions proceeds any of property; and sale or other di posi?ton(of therProperty. premiums) from any any property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property' mean the real property, interests and rights, as further described in this Mortgage. notes, credit agreements, loan uaDocu s, security agreements, mo notes, deeds of trust. security and documents, whether now hereafter deeds Related agreements, Thewords " agreements, guaranties, Documents" mean Documents. agreements, environmental , collateral mortgages, and aU other instruments, agreements existing, executed in connection with the indebtedness. income, issues, royalties, profits, and Rents. The word "Rents" means all present and future rents, revenues, Other benefits derived from the Property. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGRE . ES CONSTITUTE TO ITS TERMS. THIS MORTGAGE IS GI VEN UNDER SEAL AND IT IS OF A SEALED INSTRUMENT IACCORDIN TO LAW- AND HAVE THE EFFECT If, GRANTOR: (Seel) X IC OAEL MAHAR CERTIFICA' OF Notarial SOW Nutan H. Parildt Notary Public,' iA+ker Allen Twp. CurtilerlaM Cot>tdY ` ?'':. My C,aavrbssiort Elanres Mqy 28, 2006 ,: • R. ; ,' - I hereby certify, that the precise address of the mortgagee, E•TRADE Bank, herein is as follows:, ?..???Dd?l `Zrti Consumer Lending Headquarters. 671 North Glebe Road, Arlington, V [ / f,• ' t Attorney or Agent for Mortgagee • p0.ndLQ,? % i 923PGl;• 164 MORTGAGE (Continued) Page 10 INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA l iSS COUNTY OF G1?W14? cc Ad, I On this, the D TV, day of VC?U ?x , 20 0 before me ?? t {al) qtilt-VA the undersigned Notary Public, personally appeared MICHAEL L MAHAR, arris known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he or she executed the some for the purposes therein ontained. In witness whereof, 1 hereunto set my hand and offlcl I seal ` L?> Notarial seal (? 5 Nome' NutanH Pa+ildt NotaryP? Notary Public in and for the State ofd Low Allen Twp.. CumberiBW Costly Nly Capvrds5ion F.r?ires N1ay ?, 2006 s ' ? i Member.PermYty"Asseoalion%A Notaries ;s R . 'r - 6.27W.- C-. I,? n. -. 4.r.,:... w. ,n?. iooe. /u •iy.r e.?.a. • 9KI928PG4165 I I Exhibit A (Lees[ Description) ALL THAT PARCEL OF LAND IN TOWNSHIP OF HAMPDEN, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 142, PAGE 542, ID# 10-17-1032028, BEING KNOWN AND DESIGNATED AS LOT 28, FINAL PLAN NO. 2, SECTION 11, DEIMLER MANOR, FILED IN PLAT BOOK 33, PAGE 10. DEED FROM VERNON LEE MONTGOMERY AND LARAINE KAY MONTGOMERY, HUSBAND AND WIFE AND VERNON LANCE MONTGOMERY, SINGLE MAN AS SET FORTH IN DEED BOOK 142, PAGE 542 DATED 0612411996 AND RECORDED 07/11/1996, CUMBERLAND COUNTY RECORDS, COMMONWEALTH OF PENNSYLVANIA. ? Certif`? tY??s to i 1•` Cu?Yiberland °?1 gty s ZI1 n 7 Ce?S Page + of R??ord BK 192SK-4166 CLC Consumer Services Co 2730 liberty Avenue Pittsburgh Pennsylvania 15222 Date of this Letter: June 25, 2008 Michael L Mahar 822 Anthony Dr Mechanicsburg, PA 17050 ACT 91 NOTICE EXHIBIT C TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortggge on your home is in default, and the lender intends to foreclosure. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342- 2397. [Persons with impaired hearing, can call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION WMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGILE PARR UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIlVIIR SU H POTECA. HOMEOWNER'S NAME(S): Michael L Mahar / Michael L Mahar PROPERTY ADDRESS: 822 Anthony Dr. Mechanicsburg, PA 17050 LOAN ACCT. NO.: 079-03-048110739913 ORIGINAL LENDER: E*Trade Bank CURRENT SERVICER: CLC Consumer Services Co 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 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. CtC Cansumer Services Co 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 X 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 X 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 consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY Q 0) 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 conseling 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 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 Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be file or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WELL BE DENIED. AGENCY ACTION --Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you still apply for Emergency Mortgage Assistance.) CL,C Cansumer Services Co 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at: 822 Anthony Dr, Mechanicsburg, PA 17050 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: Monthly payments in the amounts of $308.44 for each of the months from January 2008 through June 2008. Other charges (explain/itemize): Late Charges of. $139.88 TOTAL AMOUNT PAST DUE: $1,772.66 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 CLC CONSUMER SERVICES AS THE SERVICER FOR THE LENDER, WHICH IS $1,772.66, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, certified check or money order made payable to: CLC Consumer Services Co 2730 Liberty Avenue, 2nd Floor Pittsburgh, PA 15222 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 its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYS period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE --If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attomey's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. CL,C Consumer Services Co 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE SERVICER FOR YOUR LENDER: Name of Servicer: CLC Consumer Services Co Address: 2730 Liberty Avenue, 2nd Floor, Pittsburgh, PA 15222 Phone Number: (412) 762-8050 or 1-800-878-0027 Contact Person: Carrie Stewart 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 Sheriffs 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 not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGED DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.- * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Very truly yours, Thomas Wittman CLC Consumer Services Co cc: First Class, U.S. Mail, postage prepaid CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY. (see attached) CLC Consumer Services Co 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 Date of this Letter: June 25, 2008 Michael L Mahar PO Box 12438 Temple, AZ 85284 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortge ae on your home is in default, and the lender intends to foreclosure. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) aay be able to help to 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 phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342- 2397. (Persons with impaired hearing can call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA RAPORTANCIA, PUSS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION 2,1MEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGILE PARR UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDUVE R SU HIPOTECA. HOMEOWNER'S NAME(S): Michael L Mahar / Michael L Mahar PROPERTY ADDRESS: 822 Anthony Dr, Mechanicsburg, PA 17050 LOAN ACCT. NO.: 079-03-048110739913 ORIGINAL LENDER: CURRENT SERVICER: CLC Consumer Services Co CLC Consumer Services Co 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 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 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (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 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 Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Program Application with one of the designated consumer counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face- to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME DEVIEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION --Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) CLC Consumer Services Co 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at: 822 Anthony Dr Mechanicsburg, PA 17050 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: Monthly pMMents in the amounts of $308.44 for each of the months from January 2008 through June 2008. Othqr charges (explain/itemize): Late Charges of. $139.88 TOTAL AMOUNT PAST DUE: $1,772.66 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 CLC CONSUMER SERVICES AS THE SERVICER FOR THE LENDER, WHICH IS $1,772.66, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, certified check or money order made payable to: CLC Consumer Services Co 2730 Liberty Avenue, 2nd Floor Pittsburgh, PA 15222 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 its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYS period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE --If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. CLC Consumer Services Co? 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE SERVICER FOR YOUR LENDER: Name of Servicer: CLC Consumer Services Co Address: 2730 Liberty Avenue, 2nd Floor, Pittsburizh, PA 15222 Phone Number: (412) 762-8050 or 1-800-878-0027 Contact Person: Carrie Stewart EFFECT OF SHERIFF'S SALE --You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE--You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGED DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Very truly yours, Thomas Wittman CLC Consumer Services Co cc: First Class, U.S. Mail, postage prepaid CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY. (see attached) a C G C d Ln Ln Ln Lr) m N IcT d z T le LL C> G C Q m N N N LL N N N (Y `' 2 m U LL U NU- 0 LL 4) F a c 4) a i O ? p O C N ? r C r 7 ?N N m V a y N m 7 m V U Q : 'L a ,m m y N G C e s° ap G G Em ? Ym? ?o??a o r r 0 X y? o m y N N m ?m'a oro ` ona0 Q.u c a m a rn rn c - c m a Ln 6 d o CD? GJ Y o E Ln C > ac c07iU r 0 4) (D LM -111 D El (0 ?4 CD 1 m rd CQ (di n m d i f." 0 v E , l N U] F-l O ca o 2 r•1 -A }pl E rd 0 (di (d 'E :3 ° . N N O 5 x a U U Q W U U N U. _ ? x ????? O I N; N X! 00 ;54; U N r OD U) o -I, N m d G co N OD OD N N Ln I -I r I I ro rH Ln Ln N Ln O M M a_ N O r r m 1 3 o o a ?o Pa C o o C? i E o C 0 C 0 a ? - O C is Z T ,4 4J H ° O_ O m 44 c m 61 d 2 N (? G U 0 y? w EO ri r1 m u QU rn -P r G r °? 02i d'.14 G O Cl) m Pi N Pa r r E CD E zo m o LL Z N M a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA E*TRADE BANK, Plaintiff, VS. MICHAEL L. MAHAR, Defendant. CIVIL DIVISION No. VERIFICATION I, W E b y authorized agent of E* Trade Bank, depose and say subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities, that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct upon my information and belief. IL 'G ( tn - BANK FIN:332481-1 000011-137297 N :=; =n D co {: tea - ? . , 0 • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA E*TRADE BANK, CIVIL DIVISION Plaintiff, No. 08-5197 VS. PRAECIPE TO SETTLE AND DISCONTINUE MICHAEL L. MAHAR, Filed on behalf of Plaintiff Defendant. Counsel of record for this party: Brett A. Solomon, Esquire Pa I.D. # 83746 bsolomon@tuckerlaw.com Michael C. Mazack, Esquire Pa I.D. #205742 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA E*TRADE BANK, ) CIVIL DIVISION Plaintiff, ) No. 08-5197 VS. ) MICHAEL L. MAHAR, ) Defendant. ) PRAECIPE TO SETTLE AND DISCONTINUE TO: PROTHONOTARY, CUMBERLAND COUNTY Kindly settle and discontinue the action filed in the above-captioned matter in favor of the Plaintiff, E*Trade Bank, and against the Defendant, Michael L. Mahar. By: Swo ,Ind subscribed before me this day of September, 2008. n N My Commission Expires: iVfvnv,... •- - Nota?iai Seat pudic Ke1ry J. M'izak, NotaN Coin City Of PIt?sburo? AN00rvY 20? My ??on mites May 23,2M9 W19mt?, Pennsylvania Association of Notaries BANK FIN:335869-1 000011-137297 Pa. I.D. No. 83746 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 :. 79 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-05197 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND E TRADE BANK VS MAHAR MICHAEL L R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MAHAR MICHAEL L but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , , NOT FOUND , as to the within named DEFENDANT , MAHAR MICHAEL L 822 ANTHONY DRIVE MECHANICSBURG, PA 17050 DEFENDANT HAS NOT LIVED AT GIVEN ADDRESS FOR 3 YEARS. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 So answers 10.00 5.00 R. T mas Kline 10.00 Sheriff of timberland County .00 43.00 TUCKER ARENSBERG 09/15/2008 Sworn and Subscribed to before me this day of A. D.