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HomeMy WebLinkAbout08-5499SHAPIRO & DENARDO, LLC BY: CHRISTOPER A. DENARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 ILANA ZION, ESQ., ATTORNEY I.D. NO. 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 08-033353 EverBank PLAINTIFF VS. Charles B. Allen (Real Owner & Mortgagor) 710 Barbara Street New Cumberland, PA 17070 Julie K. Allen (Mortgagor) 710 Barbara Street New Cumberland, PA 17070 DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 08 --Sv4? 6;0;C-a'071 COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE HAN DEMANDADO A LISTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 SHAPIRO & DENARDO, LLC BY: CHRISTOPER A. DENARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 ILANA ZION, ESQ., ATTORNEY I.D. NO. 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 q Rt K FILE NO. 08-033353 EverBank PLAINTIFF VS. Charles B. Allen (Real Owner & Mortgagor) 710 Barbara Street New Cumberland, PA 17070 Julie K. Allen (Mortgagor) 710 Barbara Street New Cumberland, PA 17070 DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, EverBank, the address of which is, 8100 Nations Way Jacksonville, Florida 32256, brings this action of mortgage foreclosure upon the following cause of action: gage: 1. (a) Parties to Mort Mortgagee: Mortgage Electronic Registration Systems, Inc., as nominee for Primary Residential Mortgage, Inc. MortagL or(s): Charles B. Allen and Julie K. Allen (b) Date of Mortgage: June 14, 2001 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Mortgage Book 1723 Page 61 Date: June 22, 2001 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Ass;.gments: Assignor: Primary Residential Mortgage, Inc. Assignee: SunTrust Mortgage, Inc. Date of Assignment: August 22, 2002 Recording Date: September 6, 2002 Book: 690 Page: 123 Assignor: SunTrust Mortgage, Inc. Assignee: EverBank Date of Assignment: As Recorded Recording Date: As Recorded 2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by virtue of the above-described Assignment(s). 3. The real property which is subject to the Mortgage is generally known as 710 Barbara Street, New Cumberland, Pa 17070 and is more specifically described as attached as part of Exhibit "A": 4. The name and mailing address of each Defendant is: Charles B. Allen (Real Owner & Mortgagor), 710 Barbara Street, New Cumberland, PA 17070; Julie K. Allen (Mortgagor), 710 Barbara Street, New Cumberland, PA 17070 5. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 6. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of March 1, 2008 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 7. The following amounts are due as of September 16, 2008: Principal of Mortgage debt due and unpaid $99,056.53 Interest currently due and owing at 7% per annum calculated from February 1, 2008 at $19.00 each day $4,351.00 Late Charge of $35.89 per month assessed on the 16th of each month from March 16, 2008 to September 16, 2008, (7 Months) $251.23 Escrow Advances made by Plaintiff $923.79 Property Inspection $30.00 Title Search/Report Fees $250.00 Attorneys' Fees and Costs $4,952.83 TOTAL $109,815.38 8. Interest accrues at a per diem rate of 19.00 each day after September 16, 2008, that the debt remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other expenses, costs and charges collectible under the Note and Mortgage. 9. The attorneys' fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriffs sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. 10. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et M., was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Pursuant to the act of December 21, 1998 (P.L. 1248, No. 160) (Act 160), this Notice contains the information required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P.S. Section 403 et seq., and separate Notice of Intention to Foreclose is not required. Copies of the Notice are attached hereto as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendants, jointly and severally, in the amount set forth in paragraphs 7 and 8, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. Date: S & D File No. 08-033353 BY: SHAPIRO & DENARDO, LLC AMA 101 SUN 22 flu 9 44 rbmlo%? rrnpared l9y Return To: 1MARY RT=''9NTIAL MORTGAGE INC. 4750'W$ST'q MNY POST WAY # SALT LAKE CY7'if, UTAS 84116 Atta : smPY!•mG D>4PT mom COPI'i'RoL Parcel Number. (SFacs AbeveTbla Um Fu lteoordiag DO4 MORTGAGE UN,1001i44. IM08593-9 NOTICE: 'TAIS LOAN IS NO ASSUMABLE TIE WITHOUT TBE . APPROVAL OF DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORED AGENT. DUMMONS Words wed in multiple oaciims bf this dram eat arq det* blow and other words arc.da9red in Sections 3,11,13,18, 20 and 21. Certain rules regardl% the usage of words used In this docaaumt arc also provided in Scotia 16, (A) usumity Im&nmmtu means this doomuony which is dated lute 14, 2001, toge*m with all Riders to this docnnamt. (8) °Afpr Wee is CSAR129 B ALLLN and JUIM K. ALtiEN hubaRd and-Wife as joi¢t tenants. Baotower is Ste mortgagor anft 9111 socuity lushamsat. (C ms 8 is age glnotronk Rim 8ysoears, Ioc. is a squote eotporadoa that is acthtf Idely as a isos , fa< and L adei's suoomm and assigner. 1ViUS is the nortgw-.Im f err lbb t smarii-r r sl?i and erdsfia mrlez dwAs" of Debwaie; std hers an address and one number of P 2026, FUati'MI 48501-?.GZ6,14 (888) 679•lulBRS. !t{CfP181fLYAN1A=$Its;kF?mdly? FAtiakafadF;retdromuUMFORMfNB'CRubm"WrmhitCtSForm3039 1101 Paso t of lg IniQair. pavmadd opoKA72 ra . 6L R" 't? CD) "I.andar" is PRUY AR'Y RESMXNTL414 MOR'T'GAGE INC.. Lender is a conmation. a Wnized and existing under tho laws of the State of NEVADA. f ender's address is 4730 WEST WOZY POST WAY, #100, SALT LAX& CMY, UTAH 84116. (19) "NYelte" means the promissory not signed by Bandwer and dated June 14, 2001. The Note starts that Borrower owes Lefler One Hwuk*d Seven Thousand Ntao HLndCad Aud 00/100 Dollars (U S. $ 107,900.00) plus intorcC Borrower has promised to pay this debt In rogular Periodic Payments and to pay the debt in M not Istar than July 1, 2031. (It) Vroparty" means the property that is described below under the banding 'Transfer of Plights in the prOl " (0) oLoan" moan tiro debt evidenced by rho Note, plus interest, arty prepayment charges and late 4borges due under rho Note, and all sums due under thin Somity Insttament, plus Interact (IQ "T Uws" mans all Rid= to this Security Pmstmmont that am executed by Borrower. no following Riders are to be aerated by Borrower [cba& box as applicable): [I Adjustable Rate hides [ ] Coed Mh"m Rider () 5ocond Home Rider [ ] Balloon Rider [ ] phunedUnitDcreloputetltItider [ ] 14FamAy?Rider (Xj VA M" [ ] Btwaakiy Paymeat Rider E ] te(e) (sPacitY1 (1) "Applicable Law" means all camtroliing applicable federal, state and local SWAM, rOVISHons. otdanonoes a?td tnaisttative tutee and orders (that Its". the oftt of law) as well as all applicable final, mm sk a mmle judldal o?iaiens. (? "Covsaalq, Asro?la on Dttea, Pies, end As mFeata" mesas all dace, fist, assessments and other citatfte:s that , are imposed em' Bonower or' the "arty, • by a coadombAmr association, heuntAWaexa asaoeiatioh or mttitarOrgauiatiw4 (K) "B,lactreWe Funds x'retgaW imaems any henaft'r'of fiords, other than a usmaction originated by dwk, dA ors sim?'1ar paper W trumeat, which is Wdmod through a alecteonic bnndnal, trlephonla notio tape so' as to oidei. 'inahuct, or anthodza a fmaaaw institution to itiateamatt. co rm Or ;4 debit or Bandit an account. Such term includes, but is not United to, point-of-sale muffm mtomsted teilar . n whine t mmsmtwm. trenefetts mitmod by. telephone. wire bmfm,, pnd automated oleigdsigictuee irenife?s. .. . ? .. .. , (L) -Facrew mean} thou items that sit'dosetibed Secogn I. "Ind aneou Proee:eds" saosmany compeaation, eeWornea,, award of damages, Or FUNiKls paid by stay third party (other them imusem proceods paid under the coftmgea daacnbed in Seodem s) fern (0 damage m, err dMMCtIon of. the Ptopeat)r(9) eondetnmadoa Or other *JAg of di en say pact of dm Prapedr. (ill) conypyanee to an of ewadennation; or 04) miaep'Wco ptioas of, or omissions as 10, rho value and/ar condition of the Pmpcft. (1Vj "Wrlgage Lmranuee" means inmmce protecting Landes against the noupaymeint of; or default sty the I.aaat. (0) 'Tatedle ?Psryinedt" means the: rogulady scheduled amount due AN Qj principal and inttrost under the Nato, plus (if) any amounts mdor Swdm 3 of this Security ItMument. FOM303P 1/01 n . ra.aor is 1ailiaB.? 00OK17M.rAN . 62 (1) "RESI'A" means the keel Bstete Sotdoment Procedures Act (12 U.S.C. Section 2601 at seq.) and its implenreaft regulstion,.Regvhatmn X (24 C.F R. Part 9500), es they ndght ba antaaded fmm time to tithe, or say addidoaal or iuc*wor 6giala6on or tegolation that governs rho == subject matter. As used in this Security but oment; "XBSPV' refers to all requirements and tustrietions that are imposed to reprd to a "federally related nuv%aga loan" even if flit Loan does not qualify as 's " tbdea lly ulatedmoitgsgo WW anderRESPA. (ty "Suu mor inlutereat ofBorrotter" mesas any patty that has tskm title to the Property, whether or not that party has assumed Borrower's obligations under the Note mitt this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This security IostrwmwA seams to Leader- (i) 1W repayment of the Loan, and all renewers. extmdam and wArlostions of the Note; and a the perfommse of $otwweX's covenants gad sWceraeots wader this Security Iaxkuwcnt and the Note, For this purpose, Borrower does hereby ampga, pw sad convey to MW (aolaty ss norobw for Lander and Lender's successors and assigns) and to We sooeessots sad assigns of MM, the following described property locddd in the County (Type ot'koeordurgYurt?etim] of CUMBERLAND jMxw of Rowrding lwndied"D SEE ATTACHED BAIT" A" , ., 1 It , which iontroody has the nddow-of 716 BARBARA ST1tIM [ «t7 NNW CQMM LAND [ckyj. PeuocylVwds 17670 VJpp Cadtj ("Properly Addma"): TOMM WM ail4he hnpwvemmts now or Imoafter: wccted on the property, and ill easanams, apporOmsace% sad radurea now or hereafter a part of the property. All :replacements and addition shall alw be coverW by this 8wadty Jmta t, Ali of the foregoing b rafaxod to in this Somity Inshument as the "Property." Boaawer understands and *aes OW MSRS holds only legal title to die (a uv* granted by Bur ruNw in tads Seoatlty mitt weak but, if necessary to comply with lava or cwmnn, IViM (as nondnce for Lender and Larder's successeta and assigns) has the tfgM: ' to 1VOM3o30 tan rage W18 Inrtialc I exate any or all of &use interests. including, but not limited to, the right to foreclose and =8 the property; end to take air action required of Lender including, but not limited to, releasing and Gooding tis Security Iaatrument BORROWER C7DVMAVTS that Borrower is lawfiUy seized of thti estate hereby roavoYed and In the nigh to mortgage, grant and convey *a Property and that the Property is un muntbored, except for sae unbmaces of record, tiaaawa warrants and will defend gancnsUy the title to the Property against all claims and demands, subject to nay encumbrances of record. 'LEIS SHCI]RiTir MS'iRLT6I M combines uniform eovensucs for national use and inn ttnNorm, covenants with limited variations by jurisdiction to constitute a uniform security ittetauuast eover* real property, l TW(I tM COVENANTS. Borrower and Lander covenant and sgroa as A&WS: I. P'aYaaent of priadpal. Interest, Escrow Items, Prepayment Charges, and Late, . Charges. Borrower shall pay when due flue principal A and interest on, the debt evidenced by rho Note and nay prepayment charges and late charges due under the Note. Borrower shall also pay fronds for Escrow Items pursuant to Section 3. Payments due under the Note and this security Inittwaent shall be made in U.S. cu =%q. However, if any olteok or other lustrumeot teeeived by Leader as payment under tiro Note or this Security Instrument is rammed to Lender unpaid, Lander way ragairo that any or all snbmxpr rot payaoonts duo under the Note and Us Security Inhumcat be made in cue or man of the *&wing forms, as selected by Lender: (a) crib; (b) money order; (e) oeeJ&d cbedc, bank chock, trou.nraeq cheek or cashier's. check provided any ouch dock.is drawn upon an institution (ti} Blactronic psum?s wjiQse daposjts are inaurnd by a &Icvi egai0y, *Oro dentality, a' andW, or TO&OL paymenw.are demnad racdived by l.mft when ,;aocived at the.lo den designated in the Note or. at each other looatiou ,tla merry 6. ?da4{gts}ted. by ,t4! „asdee, 'Wit ttu.otigg -Mt psoviaima in 1 S.. Y fi any 1#P.Y'p)°W oS? PRYM.i Mug Or iigdal payara,ts we ant to.bt'ilrg *0 10en cum. ,.onAc; may OCepf.,F4nY »t or Parw psymen t msuftioat to bring the Iona owdA. without "i1 a, or arh! tights husander or ptejodicc to . its dou to nfwp such paypreat or partial payments in the fiuhuz. but Lender is not obligated tp apply such payrw* at the three such paymants an accepted, if each Periodic Payment 1c applkd as of its edwhiled.due date, 6ea I cedar geed not pay intu csa on wrappligtl thuds. Leader may hold such tmaplihed tinder = 0 Bonovver makes payment to brim the Loon arrant, If Borrower dove not do w . vvidria a reaaoawimie period of time, Leader,sintll eif5q appljr, aunt fitmtds or,mupua theta to Hortower. Xf not applied easiuer,' such hnds v ill be applied to the outshuNbS principal balance under. *aNato bmikix* prior tp fon:dloauv. No affl* or daim wbwh Barrgwer might have now or in the f dwo against herder aball rAwe Borrower from rod ft paynwits duo under dw Noto =4 this Security in,tm>ment a pmfosbaing the coves stn and avTmanu man md'W thia:Sectmt}+ Immstntnment., Z. Applieatloa, of Parymarsts or. ids. Except ss .otbarwba deeedbed in this Section 2, all psymeot4 acoapted and applied by Leader aball be gvlied in the following order of vioaity: (a) belarou due under the Note; (b) principal &a under the Notre; (c) amounts duc under Section 3. Such payments shall be xppliad io each-Periodic hyment in the order in which it becaraa due. Any remakfog aoomn siell be applied first to late charges, second to say other amounts due under this SecWhy Inetnuaen; and then to reduce the principal a of the Note. If Lender reeaivas a payment fiun for a dcliogt cat Periodic Payeneot which includes a aulYieient amount to pay any late Charge el?lte, the payment may be applied to the delinquent payment and the late chstge. V more them one Periodic Psymeart Is outstanding, Lander may apply any payment rccclved from Botrowegto ere repayment of the Periodic Payments 4 and to the extent that each payment can be paid it dill, To the etttentt chat airy excess exists after the payment is applied to rho tined psymmt of one or more Periodic Payments, strati a xcea may be applied to any late dharps duo. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Notc. Any application of psymepts, huatrance proceeds, or Misedaneons Proceeds to principal due under die Note shall pot extend or postpone tie due data, or dmge the swum, of the Periodic PayawAb. 3. Funds for Escrow Items. Borrower shall pay to Lender oa the day Periodic Peymeata are duo under the Dote, uatll the NOR is paid in ML a sum (the "Fends") to provide for payment of amounts due fac (a) teem and eincuments and other items which can attainpriority over this Sw try Iasbrnment as a liert or snoan*moe on the Ptopear, (b) leasehold payments or gcound nubs on the Property, it any; (o) prembum for any add all wwraace rvquued by Lewder under Section 5; and (d) Mortgage Jamatace premiums, if my, or any mum payable by Bmmwcr to Lender to Hou of the p,mps ipaqqrdance !y .t pz4t!j61Q . P( Segtion dQ...Thesee of,M4i;tpp iaeauaoce items are called ''BICrpW. It4!? _ e>R: at ?uiirg, tine team cif ihes Lender MY rew*a that.,(bmp,u A,psoOocq IDeue,•? ue . V4 Asaas?mente, if sqy,. be escrowed, by BoWwtr? and. each dues, fexs aA?.,. shell be- fir! r ?t° JBeaiawer t?Lail prurtq>tiy Sunieh to Latdw all notices at mpon rbt to be paid melee thin Section. Borrower shall pay Loadvi 9w Puads lot' Becrow Items undaaa Lander weivas Botroweeg oblig Wou to pay the Funds for sty or all B.scrow hems. Lender may waive Borrower's obiwin to pay to Landei )roads for arty or all ESCMw Ium st aty time. Any W* waiverracy ady be is writing. Inthe event of ouch Waivar, Bonoaar 3W pay dire cdy, whin and vdWe psyable, the amounts duo. fbr gay 1 wmw IWO'.for which pap" of Ponds bas bneti waived by 'Lander nt 4 if Lander re ju6l, shall f tnish to Leader mceipta e videatoing, andr,pny}nent wlptta,tsrph"PtLiud " E&Pd" mPY.nqu,irei. • I okmvnz's obligation to make snob payments and to provide teeceipts mull for all purpoms be deemed to be a covenant no apes imt cooMiaed m this Seandty lasrramemt, as the phrase "covets * aid sU n aW is used in Section 9. Jf Bwowgr Is pbligate d to may 13sccow Ytoms eihecily, ppwsut to a waiver, and Bonower f a to guy the agwtwt duo for em Bun wr halm, I,errdar may exemiae its rights under Section 4 and pay sti6 waoW and Borr6wer..AW1 this be obligtttitd twder? Seoexia? 9 1o repay to Lender any such amourrt.. Leader may revoke the jwaivm as to nq? or all )Bscruw Items at any time by a notice given in Accordimce with Station 1S read, vp* snob rt vocadon, Borrower shall pay to Leader all Putds, and in such snummts, that are dain tt f*.Dd I'm Us Section 3. . Letdor may, st say time, Bo of ad hold I in a? amount (a? sufliaient to p"it Loader sacccered, then mexiroum arnotmt a to apply tea Ftmde at then time .iptxifiad .under lull, ond;(b) riot Pip'. form 3039 M ]'sae 5 of 1R /"y ? a?- . faieia r leader can requiec under RESPA. Lender shall Ito Elie amount of blinds due on the basis of current data and zessomable esdmi= of mtponAres of tl om Escrow Items or otherwise in accordance with Applicable Law. , 7M Fun& shall be hold la an inditution whose deposits an insured by a federal agancy, ins y, or aridly (including Leador, It Leader is an insdMdo whose deposits see to fisumd) of in any Federal Some Loan Bank. Lauder =hall apply the Femds to pay the llscrow Ctems ao later than aka time spud tinder RBSPA_ Leader shall not charge Borrower for bolding and applying the Pods, annually analyzing the escrow account, or verifying the B=w Items, unless Leader pays Borrower interest on the Funds and Applicable Law permits I wWw to make such a charge. Unless an agreenwo is made is writing or Applicable Law requires interest to be paid on the Pont* Leader shall not be required to pay 8ovower any interest or cunino oa &a Fonds. Bmwwae and Lender can. agree is wdting, bowavar, &d interest shall be paid on die Ponds. Leader Ad give to Borrower, without charge, an annual accounting of the lruads as required by RFSPA. If there is a surplus of Funds held is esemw, as dalmed under RBSPA. Leader absll account to Bona9m for the ameas funds in accordance with IMA. If there is a shortage of ponds held iR escrow, as defiand undAY RMA, Ludar shall notify Barrowor as required by R OVA, and Borrower shall pay to tender the smormt necesdnty to Make up the chomp in awardanos wi& RMPA, but in no more to 12 moadly psymo ds. If abere is a deficiency of Fun& hold in *mow, as defined mrder RMA, Lender aball notify Borrower as xegiared by RBSPA, said 8orra+ves' iball pay to Lander the amount necessary to nukes ep; the deficiency in acoordaac? whb.USPA, but in no more tum 12 uro:ithly psynaente. .. . Upon payment in M of all sums secured liy this Sccwiiy rwtruma td Leads t sball p, o ; dy ret<md to Borrower any l?antda held by Lender. 4. Charger Liems. Borrower shall pay all taxes.. sxsc&==ta, charges, faces, and itnposiHOna att i6mble to the'propwty which can attain prlor?ly, ovals this Saamity lostrameot, leasehold payinen" oc t{rOpn I ream on the Property; if any. and ?,oammlmity Association Dues, Fees, t?pd Aaa:a , if any, To,tba event .that t>rese rigs ate Sr"P.W.lternc. Bqm war O ap:Pay them in the msmar provided in.Sasoticn?3, ': ... lorroaa!ar :ball P.W. dkdlw g any lien which h ax4eaty ,over, this Secadty boru?aent wiles Bonwwu: {s}. agree i;t,q?ritiag to tbs payment of the obli?tdouha wd by. the lien in a .. J. r =qftb1v lb r ender, but, mr* ,y,so Ion aim Boraow? jor,*' A" and<' tmthrp(Is)ooatesa do Has I IS m good A* i?, or dafaµda a?siaet 6foecea+t®t *a iiiin,* 14.1,P<n6eedinge Wldcli I% Dander's opinion operate b prevent the eoforcera?t of the liar whit those pinoeedings are patdiaag, but only until sna gooeadinp are opocladel; or (e) ss6ap from 16 .61der of the lien m agas4mrerrt aatid'aoiory to Loci." typbo<duptin? type lieO,Zq•ii +.Ta; 1eq If ?. t{ deWtnl{nea; it an?? parr.of the Pmpart?r !g Oct 10 lien which. can attain pgority, Oyers t4eoarlty Inalramsast; lender MY give Borrow a no? ?g.t? 1iori. 'Vi?it>ttn 10 days of :t?te dita an Mbich. that iiatlpe i$ siren, Bono ver ebsll satisfy * Hen or tare one oe i= of the acth? sot forth aboye ill this 8eo " 4:. . Fana3a3! Uei . r, ' Pane d or [8 tp[au: Lender may mqntra Boaowor to pay a oaertimo charge for a reel estate tax verification and/or reporttttq service used by Landon in conaeotlw w1lb this Loan 5. Property Inswance. Borrower shall keep the frrtproveznants now existing or hucatter teoded on the Property insured against loss by fkre, h.vuds included within the term "extended coverage," and any other haz uds htdadize but not limited to, earthquakes and floods, for which under requires insurance. We inomracc shall be maintained in the amounts (including deducd* levala) and for the periods that Leaft Toquhes. What Lends nquiras pursuant to the preceding sanamos can change during the term of the Loan 'Deus inotance carrier providing the inautiapce shall . be chosen by Borrower .ub*t to Lender's right to disapprove Botrawer'a choice. which right shall not be co ndsed unreasonably. Lender may require Borrawer to pay, in connection with this LAan, d%w. (a) a oats-tlma charger for flood zone dooeaninalion, Minn and tracking services: or (b) a on&4me obup for Rood hone ddetmiaadon and certification, services and subsegaent charges each Wne romappncgs or shnilar cb.ngcs occur wldcb teasoaably might affect such determination M .. axgfiantioo. Borrower ahzU alas: be teapooslWo for the payment of any fees imposed by the Federal Entergeacy lldaaagear Agency ht connection with the review of spy finod zone detornr;nadon souping Brain an objecdoa by Borrower: If Borrower fulls to maintain any of the coverages desodbod above, Lender may obtain insurance coverage, at Loder's option and Borrower's expanse. rout' r is under to obligation to puseb ae sap pacdoft type or amount of coverage. Therefore, such coverage shall cover Lander. but might or might not pu*ot BarroW, Dwrowe es equity is the Pmparty. or the contcats of the property, against any ri.l, bavaud. of liability and might provide grater or lever coverage than was pmv"* in effbot. DowyWor,admoviodgoe thattitseasy of the iamsarence,coveaa po.obtainedmight dgnifiaantly exceed tltc'cart of his a that Borrower could bays obia?. Any soi v* disbtmed by Lead cr under this Sectim S shall bay additional delit.of Borrower sourced by this Security Ineftwunt. Those aragt shall boV Waxed at the Note We bv'n the date of diabursmsent and sbaU be yank. aritL,anc t! <, t)pott tans c¢ frow.Leadartb BarrknWerr'?reque?ttiog p9meat. mautttirnt;a. required by ?ata?er *d rpAei! * of xl pd4aies shall be subject tv ,All ` ' T.ender'a t3IIhr to iliove sttdtpq#cfa; 4bpllipclnde:.a.elaad4'd mart2112e:014luvei, and shall ramie Lander ss Inallift" and/or to art additional loll payee.. skull lava the right to hold the policies and zonal t coctifsCOles, If.I.Qer roalr*4 Puerg er ?li pw coy ft" to I.endeR is room of!PW; > ? . I .obf s 4?Y 9>°f 50 ".e' not otherwise;equired,by Lreadec,,ibr damage to, 4. distraction of,,fha Propei?y, loch policy shunt aardird wrtg? 44i and ihall v*w tq as mcrtgag io ipWa r w an addidooai loss hat%* a a i p In the event of loph Iloaower aball live pvmpt motlce In the inom= carrier and Lende L Lender may males panne, of loans if not made promptly by Boaowar. Unlesa bender. and Borrower oihotwise agree in any ti e ppmeds, whither or nod the undedying im munoe was required by LsWor; s creatoration or repair, of the.Pmpacty, if the rratoratlo o? repair is etanomieaily faaitibke sad Leader's socpiily is not lesaaned..Dcu9ug W4 repair and restoration period, Leader >sh.l1 Eve .the tight to hold such htsueaaca proceeds wool Lender has ,had an Ferns sell rem . •' Page7afla ' Icidsla: *17 e - opporWnity to wWd such property to ensure the work bas beam completed to Landers mat'm;hoticn, prcwidcd that such iuspeodon ehall be undertaken pmmpdy. Lends nray disbuae proeeeds for the teethe and zestocmtion in a mingle payment or in a series of progrdes paymantm as 1116 want is compttad. UWae an ageDOZ =t is made in writing or Applicable Law requitem ittkftd W be paid on such ter mnoe proceeds, Linder shag not be required to pay Borrower any interest or earnings On such proceeds. Fees for pabliio edjustam, or ether dtkd partice, retained by Borrower aball not be paid out of the krumnoa protoeda and it all be the sole abligatiod of.Batmwer. If the restoration or tapsir is not econondically Feasible or London's mecrMty would be lessened, the immmce proceods ahall be syoed ID the mums devoted by tbi6 Secudty hwkazn ttt, whether or not thin due, with Vm excess, if an% paid to Borzowcr. Sack bmrame proceeds mmll be %Vfued in am order provided for in Sectim, 2. If Borrower abandons the Property, Leadar may file, negotisto and souls any evadable insurme cbdm and related matters. If Uorrawer does not respond wvithk 30 days to a nodo ftm Linder that the itescuaace carrier Im offend to settle a claim then Lender may negotiate and settic the claim, Mm 30-day period wilt begin wboa the notice is given. In wither avant, or if Lender acquires the Ptoparty under Section 22 or otherwise, Borrower herby assigae to I&War (a) Borr mss rigbts to any iusura m ptnoeeds to an mmu nt rest to mWeed the amounts unpaid under the Note or this seaway Imt< amt, and (b) any other of Borrower's righter (other than nee right to any refond of vneamed.pwalim paid by Borrower) under all h mrance policies covering the Property, insofar as such rye are mpplicaale to..t4e eava"a of tiro Property. Lender may. use to insuraaoe prgceeds either tar i or leyttire the pi Orly, or to pay amoeiyts Oviid redder the Note at this 8apuity, 'Ia 'mkitmen? vnbefher of not Wm due. '' $. sYe{ aha occupy, dl t h,•, d irsn t??e PropOr Ilk BO>roivet's pii?ipitl igsidtlnoe ti?'diya at?er'ttte erorcutiop f ilk srxrmOn imgot'?ttt sisal t aalinaa to „ , occupy dsa Propg}y m 'i peipciprl res?deace tt afltr dNe isf oeanpatol+, ue>iess I.aada f ' ,' „ i l ' o' •: ai9iln of ti d 1?feserYptlco, I?aiatenppee an rotaatiin of• tlii ?.mp", InepelctlOm. Borrower iball not destroy, dsmsge or impale the Property, allow the Property tc deteriorate oc comzait waste en tba Property. Whether or not B*mV6r is radding in tbe' h6petty, Borrower shall maintain the Property in otda to prevent tlt0 Property front datodmot or deal mmg ix vahe don to its oudidan_ iJdest.it in detemuisedputw®t to Section S that repair at remforathm in mot econotoWly, tismsible. Borrower shall papmptlji repair the P". If damegad to avoid further deterioration or dawn If ' Oi o0palotnnmlitm piooeeds are paid is oonoectinn a?ifh danuga to or the taking a t6 Piopatty, Bolro.lm shall tie.nopd bls err Making. or feetoriag use I'rvpo?ty only. if Lends tins tahstsed proceadm fat such Om-mem...I:endgc may eiisbmc No*& for. the repairs and restoration in it 21400 payment of in,a sorties of pn?ss paysments as the wodr is comp! hA If the iasrrranao or condemmodOn pcooeeds are mot aulFiciant to Tepair at restate des Property, Botower is not ricligved of Bomwer's obrotion for the completion of such repair'or r hmdim. •? Form]03p 1101 i'mgeBmriE' - ' e I.rnda or its agaat may make nmsonabic entries upon end irupecttana of thm Property. Ink has masooobie cause„ Leader may inspect tbd iatedOr of the improvemaats em the Property, Leader stall glue Bua'o m nettica at do Brno of or prior to such an torim ittepwtion specifying aneh reascnabia close. 8. Borr'oweeo Loan Appliezoon. Bormwe r shad be in default It the Low application pmeas, Barrowa or pay Ponces or entities acting at era direction of Bmawce or with Bo=w ev knawiwP or content gtva ma crially fable, misleading. or inaccurate mfbmtetian or statements to bander (or failed to provide Leader with matadal indumration) fa coocotion with the Lcan. Mate d relKesentatlons kwktde, but are not limited to, repsentolons concerning Borrower's occapaacy of the Property sa Bwowees prinow m6dence. 9. Pratecden of L vler's h0reat Is the Propert, sad Righb iloder tbb Security Lutrumaat. if (a) Borrower hurls to per&= Use coveomnts end agm oosts contained in dais Security ingntrnant, (b) these is a 1%%1 proccutift that ad& sWulAwantly affect Lemdw't hrtemd in tba Property andler agbts undap Chia SMdy Imtutmeat (such as a proceeding m buknq tcy, Probate, for candee3m*m or fo1'%bnve, for mforcauesht of a lien' WOW may attain prbzity over this Security io mnaent or to enfmzee laws or rapdadow), or (c) D=owcr bas abandoned the Pmpcrty, than [,ender may do and pay ilOr whatever is reauenable or ap%optiate to protect L ade f's interest in the Property and nglda trader this Security Ind mant, wolvidin8 PmW* °ndor asaesstag the value of am pwpoiy, and securing sndlor tepsuing the Property. Lender's actions can incWda, but are not {M1i?l? a a ?..ip-4 whichitsse over dip swdty (b) ^-- .' ,'-y( jf51 I+Injl' l lk+ i?p'.!.• ?••.. .+(f+,, ty'iaea ?Oh?l?i,•.?.+?rl `bbl ?. :+: :j?:i,? ?__•!.". eppaarmg in oYrti and `C? ?1a?r`?` W il?[naya P?°?ac' r WaV?. L7 In s'{v??? •iZ1d?0<Ii?WaU?E! dl Saestrity?.umeaR iraeludmg lb peait)oa ? 1i banhuptay proeea?ng• Seeurmg die PivQarty .Moladaa, lint ie'rmt limked to, Oata:ing tLe'?'CCperty hi telalta mss, change lee" ' boa ex boned up doors =4 wwiadowa, drain water flan per, dimiaarts bdwwg or ear AZ . gosaw condi66s, ad bays utmities .t uhad wi or otf Although Leaden may soda of take action under the Swx = 9..Lauft OM not have to der so and is not trader any duty or obligation t6 do io: It is agreed "I Lon 'X'iocias no NOW* for'not t any or x1( actions authodtsmid under this Section 9. AV amouata dWtatsdd uy Lander under lids Se otlca 9 stall beaooiei additlot'ai debt of Bann vw secured by did SccvdV buavmcnt, These ==no eba11 bear interest at the Note rate Sean the data ,af t and. 441 be payable, with ana't? .ioteri . ulka 'notice fi m Leader to 8oiravi?er O rwv - Iftiara Swwky inst?ampent Is an a leamhold, Borrower :ball comply with all the provisions of the lease.. ff Borrower acgatim fee title to the hapmly, the lesichold ad tbm.fea title sW not merge unless Lapdac agasep to 1La mew in wdd. ILL Mortgage Iniat'ance. IfLend s r"9w,. d Mat"a Wire we as a c=dition of auJdng the Los% Baaowsr shell pi4yi the pcemmdumi rage zsd to`n alnliin the. Martgoge Iasrraatoe affect, It, ad We ortgage -' ' coulee ?¢y .i cache eoasas to 'be` avar7abla' from far Ony rgmpp; M to om tba m lydazyioos . , ma)oe 1+prar veu ieq?rdree i RIF ''?%"* tiler rpr1i 'aorraaver elullDa the . Farm3W9 tlt?t pop 9 of 8 pmtniums rmgaitod to obtaain coverage substantially equivalent to to Mortgage bsmuucc previously in O&Ck at a cost aubatlpatlally equivalent to the cost to Barmwer of the Mortgage lnsaua OC previousty in effect; fimm altnmate mortgage inooom selected by Lender. N substantially egrdvalamt Mortgage Insurance eovaaago is not available. Borrower shall condauto to pay to Lender the amount of @u separately desbaasted payments that won due whoa the insaaanee coverage conned to be is effect, Under wM aaxpt, use and spats these payments as a area-:e8radablc loss rosorve in lien of MettSaga Jnsursace, Such ton reserve :held be non-nflmdable, notwith2tandine the fact that the Loan is ultimately paid In full, and Lender abaaA not be required to pay Baxtowet any hgerost cc carvings on suds loss reserve, Landat can no longer regaire loss reserve payments if Mortgage Insurance oovetago (in do saruamt and for the period that Lander ragaaes) pmvWed by an inotmr selected by Lauder stain becoam available, is obtained, and Lender tequh= sasparattely des4poovd payments toward the pwrohsms for Meriage Iasursome. if tendw required Mortgage bnsatauce au a oondition of malrhgg **Loom and Boaower was requited losnake separstely desipstod payments toward t? ptaanuuma for Mortgage Jzwaocv, Borrower shall pay tie ptewiwns raT*ed to mat oxin Mortgage Iasttranoe to effect, or to provide a noo-refmdable lose move, unto Lender's raxptirartaeot for Mortgage Info" ands in wcordancos with any written agmement between Borrower and Lender providbag far such mmrigatbs or entit termination is required by Applicable Law. Nothing in this Section 10 affects Boc ower's obligation to pay interest at the We provided in the Nota. Mortgage Ynsurance renclum es Lender (or any entity that purchases the Note) for acuin ]wars it may imar If Borrower does eat Fgiay the Loan. w aptead.• , Butrowgr. is not a party to the Mos'fte Tanaance. Modgage iti xats midate that: total risk on alt inch Wmaaw in force fmm tiara to ahmo, and may enter Into apdosonts wOh now patties that share or modify the risk., or reduce losses. hesn agm.anaanti an on %= and catrdidpos.#0 aka sat#sdaetary to the mortgage insurer, and the other putt (or parties) to 11xee ,agreemeab. 'These agrQet rob troy taquim the mortgage knew to maitre paymaaataa using any carne of itmda ghat the Witgage inr may have available (which may . include funds obkaLted f can Mar ii p Lt aranca luemitlraa).. 1?a"i x vow li 8f lliealo ,aa?Caements, .endor;'Inji'purt a.cr ot'ihh 4?te, another *u*. m! reiasarer..apy other gntlqf, ar aa1! s(?iiisaoo of any ofitieforc,ping,:rapy receive (diseotly or indirectly) auwnnts that doaiYe libm or ms?ht be 616mtwited af) A po>don of BOrtOWer'i payments for Mortgage I noniatoe, in excbaor for 91111ring a mti ii'ybng the mortgage inn's fie; or mduoiag losses, rf such agreement provides that an std lists of Lott tdosi-a am of the haunt'; malt in exassttge far ai aibafe of tie Pkofic" paid Ri ?he'tsaearec,'tlie'4tr?geumont is otter termed "eeptiva () A:a'a : aigter `i11i tics' tie it?oii tluti'?ar{'ritrir star sad ta:isy poi r:"LOS a l` t o?eemealr, iii bole iaereps? i?te me"i ] uWANx, or W 41M, aianaNtnt Wor6ttro' A aowe."fir ' ? ?nauPtintat, sect tires iitp'rot fto Borrower te'any retard. . r :. . ') An' atrah ?ii?a ee ski A will sot lfict the si t 1?arrawsr Lsa - it any - with ras?peot to the Xvr`t bl Yraiur' i under tie Haneowderi Proteotleaa'Att of 1998 or any other law. That Fora] Inttlt{rs rlglth may faclude the right to randve certain dtsdoearw, to request and obtain cancellation of the Merge Lmuranee, to have the Mortgage b uraaee twmiaatud miDmaticaly, and/or to reed" a refund of any Mortgage IastrraMeo praminm that wore uummd at the Hsrre of ouch t"Gellaum or tern "Afton. 11. Amdpmmt of Wheefinneous Proceeds; Forfailium All Miscellaneous Proceeds are hereby assigned to and 69 be paid to Lend. >f fJc property is damaged, mein Miertallaneous Preeeeds abaII be applied to restoradan or repair of the P'rnperty, if the r"Onflon or repair is ecoaon*ally feasible ad Lender's security is rat lessened. During each rW* sad resundon period, Leader shall have the right to hold such Mkoa»;mmm pm m& until Leader has bad an opporamity to inspect such NOTR ty to epsare the Work has been completed to. Larder's atlafaotton, p wided that such inspection "It be uodernltep ptpmptly. Lender may pay for fbe repaim sod raliontim in a single disbursonmt or in a series of progress payments as the Wok is completed. UnWA rut agmement h made in writing of Applicable Law mpiree interest to be paid on W& bftoc ahem Praaeda, Leader shall not be required to pay Borrower any merest or carnings on often Miscallancous Proceeds. If ilia retloratioa or repair is not o,mamloally feasible or Lemler's saw* wmW be lessened, Ilia Miscellaneous Pr ON* Shari be applied to the awns secured by this Seow ty bstnuat, whaibat of not then due, with the ertoess, if any, paid to Boaower. Snob Miseellesuous Proceeds shall be appltad in the order provided for in Section 2. In no event of a taking, destmc icn, or doss in value of the property, tine Miscalaaevus , Ptoceeas 1h* b0 AppGcd to ?sm1 a0cgred'by this $nctuity rent, rvhQtlrec ac dot,tlufa 'duo witir.tlna exce?, if may, prdc to. wer. _ , .. , let &a r mt of a partial to *% desOtnotton, or less in vahra o? the Prop m in which rho fair medmt vahre of,ttie P;ii O ty, A mlkWy bafora d* partial fs iaC,,doStrvatioun, or Ions is value is etlual to or gcoafe"i tbAit ilia .attrpunt of ? aisbts saen?d ?!r this Soottiify 'TaSlrniaent taimedittely tw&m the partial ta<3ring, , oti loss: in value, ualpse Bottowa; am Leander. odmViilo eesroe in wrifis, the sums seoaied by;that t3ecridtir lnsftuaaeat sha11 be r mpd by tiro amoupt of the Pioeaeda mtltiput by these faAo;alag firaotton: (a) the tppl forest of tl e.aa .aoeurad iu®mdieiziy befcua ate p al ta?iiij cisettnc{ion, or loan in vahee liv d al 1bePr'opertyma}I! ibo Pl. . desanrbtp, c, . OgombR4lam0ct e ye!h? Of dptho 4s.vle. AW. It} the event of a patpal, der!4nrctibn, est,1-s 11 valru of the PiCOpotty is which tiro tilir tna?rsE value pf Propesty,imedltttaly before the paetidl )t#idag, dr#iruadop, or Iasi in value is loss thou ilia a> umo of fate soma secumd i ly before the patthil 4king..rlednietion, or lose in value, tiest Brower and Loader othes<vyisa agree In wrililWa.. ltitiiscoi?raeotu prnrxeds shall be applied to the i mi spww and by.thie 84aa#i? ineitumo?vshedsmt to nol the enassa are then due. . tbn Ptoperiy is abandoacd lr' 8or6wcr, of W, 0 notice by Lou* to Bo towde that the opposing Party (as lofted in rho next sentence) Offal to make an award to satda a claim for damages, Barslower ulnas to respond to Londor within 30 days after the date the notice is given, Lender is aud=ited W collect fund opply, the Mtaaellemaoua proceeds COW to restoration er repair of toe Property or to the Bums scoured by this Sowtdty Idehinnmt, whadtar or trot 6h1 due. "Oppauing Party" means the third pasty that owes Botnowor Mfsodlim otr3 proceeds or the party against Whom Borrower hm a t'l& of action in ram to MiscollMOtrs Proceeds. Bartow abrll be in A-W if any Wdon or proceeding, wbalhar civil or crimiml, is begtm that, in Lender's judgment, could reauk in fmfeuurc of the Property at other mKicrial impahmaN of Lendat'a iataat in rho Property or dghb tinder this Security )n kwnent Borrower wn auras such a de&uk NA if m4wason bw' oeourred.'reioetate as provided in Section 19, by musing the action or proooc* to be dismissed with a ruling that, in Lender's jWgarent, praoludw fOlf'alm of 9ta Ytepatgr ar otlwr ruatts W i opai"ca of Leaded interest in the Property or rigbts under this Security Inshument. Via proceeds of any awsrd or shim for damages that ac attrrbutable to the inVairmatt of L• andees iske!rnst in the Property are hereby assigned and shall be paid to Leader. All Miueonaneoua proceeds chat an not applied to rustoradon or repair of the Property shall be applied in do older prwAded for in Section Z. 12. Urm"er Not IZQit mA, Forbartrattoc ay Lender Not a Waiver. Bttension of to time for payment or mndif catioa of amortization of the sums secured by this Scow* lwtramrrrt gnm od by Leader to Borrower or any Sucoessor in barest of Borrower shall not opemis to relene the htlbllity of Bacrower or my Sueoeseors in IntmMst of Borrower. Lender shall not be rrgnlrod to commence prooaedin p against any Succm w in [merest of Borrower or to refuso to extend than for payment or ollunWie modify sonortialion of the sums secured by this Swority Iadrmrcnt by neawn of say dead mule by tiro original Bo rower or any Succcu m 5a tntecost of Borrower. Any or racy iacb g, wi?ho+tt'litntlation, Lender a 6crboatince d IM, Wei a,.' et of Zlortoaror at is $ncc?esoru' (ti Iii?'a amounts iesa atih?ouuia't t i01 K s1uJl t ti? a ?Vtivst o bi13 41 du the ezemiaa of l or raw*. IL Joint skid L,? ' ?' $eva'nl IAab 1 f.'. 1dllM'..gtN,.y a,O'i,1M?LL-d "'^?'? H6dtldi }#OtrOwer twvansma.ttnd *Oidi that $onlinhei obliotions Mhd'liiAty udt+it ba'joiattM aOVant HovV?, any Doxim oho eo-ilip this Security Iai&wk=t W dd'ee ooI "& the *Oila "co-sigriar'?: (a} is eo4pnog d& Sacarity insert , to morilege,.tir" !nd convoy the cmigner's 96mat is dually vbligatnd to 1 'quo the Ftnpaitj, imdei'tiie ' 'rs' Ut this §ecio ft rnaticdoe (67 'id not 2e6lred by dds S kO idd (C? agrelti'tliit 1.dtldei and i 660r Bortower can, a to extaed;nroditji, foeiiar or milts' Aar awe tvltk re?erd to t}iatatma of this $eernaty Iashranent of die n`o'te ivitltant t1ro co-aignor"ti consent; ... 8ubpeat tai 8ta'provialOmi oif5ei?18t nay St)oceswr In IntErdlt of $orrowar who ash Bwwwc s o6lip tiom under this Seaodty' instlanaant turd ie apEao!iod by Leada+ shsil obtwu.an atHoeator'var'a rlgbis aid bocoiits under n d'Secw* Initrantark Borrower droll not be released. @rtm Dormwces obllgadons and WA IV under llria Security lastramont unless Lender agmes to sech raloaie in rtvifmig. I'ho covenants and agrents' or this security Insirfin d shill bind (sacept iat 0' 4ided in Seofio?'?A) Mad bnoetit tba siarceesaes turd issl ass of Lender. 14. I.tiiis Cliat?ea: i1ar'iriilycLdi?o ?o>sot r'liaJa foi'samoe!< performed in aottnoc*M with Bo>iioiN?er's &&A f& tho''p&pose of pcbtectLl? London's tied' m din Propaity ind rlgtrb ! ''Pip 12 of 1E :,:1• .!.. rNtiab: 1 .. ' .. 1 . t.l. 1 :1; Il. . 511 •1:. al i;.l 'A! under finis Seaurlty babnMeA inoludi but not Wnittd to. allot neW fees, properly Inspectiou and adtataou? fns. In rrrgaid ro any cow foes. to allem of aWroas authodty in tlds Security IsstrDIRCUt do dmp a q adfic fee to Borrower shall not be eoustsued as a PAM= on the &M W of each foe. Lemdur may not c1mr few dent are expready prob'bited by this Sow* kwarnent or by Applioabte Law, It tbn LOW to Subject to a law Which sots maximum loan charges, and that law h malty irderpseted so that lm interest or odwr loan charges cona*d of to be coEsetod in Connection with the. Loan attceed the permitted limits, thee: (a) any each kmm deargo shall be redmil by the amount nooeseaty to reduce rho charge to the pormiW limit; and (b) any sums abeady collected from Borrow= which exceeded peom td limits will be refunded to Dorrowerr. IAmdar may choose to make this rothnd by p&dng the prl t*d owed under the Note or by making a direct payment to Borrower. If a re6md redaees pducipsl, On redactYoa wM be boded as a partial prepayment without any prepayment charge (wholhor or not a prepayment charge is provided for under the Note)_ Borrower's acoopma of any snob xc tnd made by drreot psyanent to Borrower will constitute a waiver of any tight of mtioa Bosrewar might hm prising, cut of mce overobarge. IL NWcc& Alt 3wdou given by Borrower of Lender in connection with this Security b shnment toast be in wdtmg. Airy notice to Borrower 14 connecton with this Socet * bLft moa shall be deaned to harm been given to Borrower when msEnd by fist class mad or when 4*ally . dollvetad to Bottower's notice addre s if seat by ot3tor means. Notice to any one Boavwor trbsil no not= cooatftute notion to 4A Batplowera Appl , .,!rnr fxpr°s ! e41t1t ? nioAoe . b W&W dMll be fire prope[ty A drrtss bakes Hoarower has aaguated a. atbatltate Y nodes le Lender. Borrower dull *mpcty modfy Lender of BO wmes omp of address. If Leader s,p?agodrm for re?tprtkog. Baa'tjr?e?'? chagge ui'.!d?aa?r>iuat .?ba11'oniy,n,?iott.a dwr of address dcoagh that Vwi&d prao sdtm lbem may be only one dcdgoited nodco address under this Seepuity. Lssltwnent st nary one time. Any aodoe to L.an* sh4 be given. by dativedog it or by tnailivg itby ts.olses snail.to Lnagor'a ode trtyclO?ritales?,I.gndct kiss dtai?isted anettmr address by ttotlee to Cori lwer...A* notice in bonnectloa 1b? Security ?n!truw nt shall not be deemed to haw been gkva a pro tew r vetr7 tuttaally rG4eived by Lander. If atry.noce regmced by Chia $eanri{y lastmmnot.is stao aaequiced .elder ?t? liab?e Iiw, the,?yfplicabk,.Lsiv requireniettt will "My AS 00V"M#V4 q*emw Wft I* lotlMli fut. i6. Covandog,Lrtsri lgp?er'te4BB!'i Stdis, of Couatruefioa. 'limit Seaudty ladrs lot shall be goveeoed by Word law and the b w otths jw . isdi9tlon In wldoh the propoaty in IWA* d. All rights and ebHpdM owShtmt in this $eourby bainneat arc snl to any rggrri?monta and tiwidedoska of Applieabda Low, ,AWHoprbb31AW.tt dSU cttplw* ol,fiaplie.?ly allow ttve poKies to agree by ceathad or it zd& boy ii.! bat iniait,ppp'?mt?s i11Pea, uac'be ono treed. tees a proh!bit 4 e?ainat agieeelaent by aarhaot,t Qre evmtd>iat?.tuY Ao°°a , Qf i10,rtuai(y:Innplz>ft or the I?ote. pgicts Wilk App osW TAW, a.wh. 1 no ct of ., pt`tbie, Secusih' Instiianont or the Nobwhichcaabegivenwi{optihe , ,,.ti rl u: i?• .v•, ;; A6 toed'iri ode sego y .p.q "sod .0 air, i , w t 4.? ap.g° f : include ' tietuer a'?esrL Cr wtimc.O Zda. gepder;, (b) worth is the singular ;rtlll &.,,. 1 . Ferro 30]9 1101 Psjq 13 of It mtma and includes the p1ml and vice versa; and (c) the word "My" gives sole discretion without Buy obligation to mice arty action. 17. norro rees Copy. Borrower shall be given one copy of the Note and of this Serataty Instrument 18. Tmader of the Property or a Bene6eial Interest in Borrower. An used is this Section 19, "ImmmoBt in the Pnpatty'' rimm any lagal or bonatlclal h m t: in the Pmpatiy, in luftg, but not lhdW to, those bettrmeisl intecesta trtmeii+rrad in a band for deed, contract for dead, instolha d ago cantaact or escrow agreement, to Intent of which is the transfer of two by Borrower at a fifte dato to a patGtutBat. If all or any pW of the Property or any Internet in fire Property is sold or trmisforrcd (or if Borrower is not a patural parson and a bualcitl iptmest in Botmwo r is sold or transferred) witbaut Lender's prior written aopeent, Lead any requin hunedho payrnant is full of all Bums wand by ft Soca ty ipadvoBaat However, this option ahBtl not be acaraW by Lettdcr if such exeroise is prohtbitadbyApplioabla Law. if Lender exot *w 92k option, Lender shall Save Bormwer notice of acceleration. The notice shtdl pmvide a period of not lass thaw 30 days ffaru to date to notice is given in socordam with Soctioa 15 within which Borrower was pay ell in= secured by this Security Tusaume t IfBarrowe r fags to pay these Bons prior to the expiration of Bras Period. Luau may invoke any amadim peumtsed by this Sew city Insfrwaeot without fluther nonce or daausad on Borrower. 19. Bormwei''s BI& to Reinstate Mier Aeceleration. If Botmom moats cartaia candWffams,'BCirr6*6 ifiWhM the 'right to have aafoiceinent of ibis 8'tiout ty Tiia- ", iaa 6 OcWtittiwd at any tiara prior to'the aiurliest of.. (a) iive days befam sale of the; haparty ptasuant to any pawar of Pala cotttained.m Win Scwrity'ItSStrutitent, (b) Ouch other period as /lpplfcahle Law might tpm4 fa- die 66iinatiom of Boag.war'tr right to rainam, or (e) entry of a jodgtnent edaecing this Soarrity Inshumant: ilk" cii?tiduos' & tliK%a4ower: ' (mY ij d`l au&i till 6rii Wbich &A *Vldd bd due Hader d* Security (tiiai>oiact erirt tbaWat7i is if ao aaWdratbn had'ocain?ed, (b) rotas any dAnh of riay o covenauta or r• (o) paYa etcper ae ifiimrgd'in et>fdrehtg tLWB 5ectiaty i 'P l to, reasanablo iitoi6 y 'fees. pavaity iaapecElort slid valuitioa Iashumant, itiakidbi& brit fees, and atl or fen it mtrod ft to purpose of proming hander's heated in the Propatiy ead x%hia tmder this 8eou? Igsictat; aad'(d) takes mrob' aa-66- as L6 or may rmwiss6ly reguirc to aeenre that Lraider'e bi4axi tire' uirrt)? iutfcl t'1 All '8tis $episity, 1pso?tmml,' and 'BozioWW a obltgitticn'tsi Pay tlio auto e?tarad'by'ihir Seemii4i,7uiOrutnai? alull' cofiWltte tindiittj(ed. Lender ud'tay neQttire tluf'peY atop ?t satiaa ittd expoli/p `Ui one cr imi& of 6fo`tos h ask me ioloo liy I.eddb? (a) cask= (b? mott?ey. order- (c) cmti&d cheap, bt?ic eh"k, tteaaorer'a o?c of ?biet'a ,ps`Oy]d?d lr?y' t9ledk iti dr#?n ' isi iaslibaiiost w)DO.o rate iaeuitlcl by a iltde?hl !6 y. { o eai to ? ' &le??hnmi, ,Q. }. . ?btiy Botlrowiw h+ I striis t aiui`OWgafttnle tectitod hot shall satin 11t!)y afAW" as if no sac 'lkotfoti,bad ociu mtL However, this tight to risinsfate ahsll not apply, iti the cane of icca m atioa loadir. 8tx tloa 18. ' Form 30 9 list • • Paselaofte ?' I 20. Sak of Note; Change of Lams ate; Nodee of GtiatvanM The Note or a partist interest in the Note (together With this Security Iastmme 4 can be sold one or moss braes without poor =dm t o Rwmwer_ A We might mutt in a change in the entity Omown 01110'I n Servicfel that collects Powdic Payawn dues under do Note sod this Bamuly Instrument and performs other mortgage loan mmieiog obagat3ats underihe Note, this Security Inshnment, and Applicable law. Theses also nd* be one or more cbengea Otto Haan SWAM unrelated to a side of the Note. If turn is a change of do Loan Setvicer, BornoWer Will be given Ws &M Wfiad of the cbango Which will stadia tiro name and address of the new Tatar Servicer, the address to which payumts should be made sad =W otbar iaiompdion RESPA requires in commcdou with a. notice of transfer of servicing. 1f the Nose is said sad the LOOM is serviced by a Loan Sanvim oilier dram to purcbasm of the Nate, the mortgage loam serdciug abligWm to Hasa ma will r=pb Wtth the Loan Sarvicer or be kaushmd to a,araeaaar Loan Servioer and are not assumed by The Nota pumbsser unlm otherwise provided by the Note Purchaser. Neither Bwmwer nor Tender =my conuttms. join, or be joined to any judicial action (ac enlist an individual litigant or the man ber of a claws) that arises fr=tba odw party's acdom purmant to this 8eeurtty Imtsumeat or flat adiegos that the other party has broached any Fvvisiorr at or any duty owed by reason of. Eris $s.o ty Inshumonb until snob Borrower or Lender has notified The other party (with such notices given in caunplime wRh the v*lrernents of SOWan 15) of swh alleged breach and afforded rho aotbar party hereto a reasonable Vaud aft the Swing of such notice to take eonective,aotim if 4.?!w.prw„1d0s a.tilpa).period ?rhk4znst,etapse before oerbain action can ba tales,, flaitt.trmo? p 'Will be a#eetaed ta,be .,4sonpblas tt?t Rut?aies o66 petmpaph., The ngtim ait"niei4op.ppd arpgoi<y fiat pnraR t? Bc?aarayei paomiumt to Secdo 22 and Thai nodd0 Of acaele *b= io B61106 pr, to Sam Is dull 6.do=cj•t6 sitisiy ttie notices and m take vet oftbii 8uctian?A. , . ePi ! Haeaari ur pi vecd ?n.tble 9pt :?.1?s :(i)''Ht eau-4atb4!anc4s",!ie ThOSe agbs(dnoq as tp>?ijc ofisaudaao wbspwces. p tau tva.c0 by:P.avfra?nal Iraov radiooativa auseslab;• (ls} "13n w"m ,,?,.. , • .",4f piotod?Oa, (O) "lluviromaenta( an Property is betted that vm4O to hesdth, aa" oK MVIMMFMW Chtpiup" idclades amy, action, reraedla4 antiora, or ioawvad aatdon, as defined in an "Bnv l ?mdirJon° , inasos a costda4ivn that Csa claaoa. Hnvirom eml UW; and oait*utgm, or od wia0 tt1g?C? .sIUBnYf[oIIlpaPtil Glop p• Borrow shall snot CIaMO One p®git the pse/eneg, uaro, dig?osal.,,?taarage, or release of any PA.mmimm Subih aces, ? thxa.lm to xe?ase any Smrdous Submmm,.on ,or in the. Piooper.ty. Brower ". not do, nor allow anyone chess to, do, uydit a&Cft AW Property (a) that Is is violation of MW ? Em?aammeat?al LLW, (b) w" creates an $rivlroamootad tbnditian, or (e) which, duo to tha presence. tsse, nor AMID; of Ll us't3ul etuce, uratea:q condition oat advaradjaffeaft the vejne cif g?0 Prapart?y. Thg prgading tiro . eho>1 Dot apply (o. 6ro pr4samcp, use, or zWvmP oa the property of aanall qutaidda at' HtzardOUS Suiistincs that are genenliy: raenged to be pyr,,, 9 W • ?; ? .. • , i. , • i. , , Malt , sppropeato to noattai residential uses and to maintenance of the Property (inchlditt);, but not limited to, hazatft s sulbsunces in con om er plroduot4). Hoavwcr shall promptly give Lander wriflan notice of (a) any invastipha , claim, demand, hwsult or admir action by any iiovarnmeotal or tegutatory agency or private party involving the property "a any Hszatdbus fiabstssm or Envlroamtental Lew of wldch Bormwcr has actual knowle fta, (b) any rinviroamental Candition, tncludiag but not limited to, any spiWng, kA iag, &dmrg% mlism or threat ofrdem of pay Hszardm Subsfinco, and (o) anY condition caused by tha presaree, use, or release of a Hazardous Substance which adversely aMcts the value, of the property. If Borrower learns, or is notified by any govemmentil or r eguhtory authority, or any prorate, patty, that any rentovsa ar odw zamediadoa of any Hazardous Substance affecting the Ptapetty is necessary. Do mvrer ahali promptly tale all neomary remedial actions to accanisaoe midi Aovironmmnlal Law. Notbing bete shalt create any obligation on Lender for an Bovkonruental C AwV. NON-UNIFOPJA COVBNAMM. Borrower and Leader ftffin eone>dnnt and asift as follows: 222. Acceleration; Samedtes. Leader shall give notice to Borrower prior to aoetleratlon foltewing Borrower's breacte of any covenant or agrmneat to this Security Instrumeat (brat not prla' to aceele radon under Section 28 wales Applicable law provides otherwise). Leader shag no* lwmww elf, among other thinpac (a) the default; (b) the action required to an the defatdt; (c) wben the default must be cmd; and (d) that faunre to care the default as specilled tbi} Securtt)! Iaatrnnt?nt, foreclosure 11 mey Tn* in acxe}aratua{ of auu 1p1. sentrad br !, I r rt ' 11, , ,! I 1 'I t 1 I jcsdlaia! precpo4z sad" tP?oWM. Y;erit?r i6ai1 ?tlier trtforta iSo?ciufter of the 4t ma"er rdat'at;eis `r'tho to assert in #lu? ee "aft. the noA-11 to raliialata etgstenoe'of i dNiislt or tidal`arttier'def`inie?ofl?orrtigrer tails; r 1 sii?tt for 4imift in YY,t ?i?l eeloara Il:f 1.. r .r ,•• 6", is to ot hl tt?t 1. LYfq? 'it iis uptip A In ;kw I ?,?p ?•._.?i, , ?,.r,••{i?{ f.?_J{.. o _'. 'hr?. 'V`, t?t41 VI -1¦3??prp_: •r ? ., J,'?'`.Il??{r , .1 i•I e-. T1„ I •, 7__'7•: •„ttq Seamf?t"It11i'lYglllt ,.A , v pr T. ". b!!?1 t0 cyUebt dCp!ples iulearre yi in Pursyf" the } Pr.?sid is ;fhb ?cfian:? . lo ? ci lug, but not llattted t% , eictesit pm miffed by App11e1161G Law attaleneya' ? sad eisb astir .iWom"'to &a 23. ad" of ` ?+rms secured by this: base this 8ocariw 1 ,• l 11 ,. , , r,,' ,• Upa•M?rrt lad the aba1? turafntite find became void. Atbat agch occunco, Lmdor sadr fills ?gattrlty fnifraun? • BouoweF stir P,!Y any racordatiaa costs. Lender shelf disoit ? ?. my ohatgo Basrewer a fee.?'or.tdotiiarg dds Security bm muk but paiy if d ia'fee is paid to a third party for services reudersd and 2w dierjing of the fee is patted wader Arpilcable TAw. 24. WAvem BwgWvr,;o t1s0.mdentpan pitted by Appiic" Lmw, waives and r'elcum any It>zrgrrmt; opd hisreby waivci the benefit of esre,r or detZ:eis, is? 4e, eoforoc iliis• MW4. aapr pink or tom. labia piaa!idiog fwt stay of Mwution, axceodou of time, usemptioa frost Rdsuesw?.nif a t" tq;rairiattitie' ww' 'ahil 14 ihatl extetd to one houir psiar W the, of Wdft st a slcetitl'a a4Ye nor, other Sala gtutsutut io t>ity BECYrItf/?fiYm4?1t: •. i.r •.•. • I r• .. , 1• •: .. ' r Pge76of lit al n 26. Purchase, MaAWtie MW41496- If an3ri Ste debt set ared by this ScOmity Tashuraeat is tual to borrower to acquire ti to ft Property, thie13oowity In:trm ant allall be a pumbase WONKY mortgage, t 27. Interest Itaft After Judgment. B wee agrees that 9* foam rate payable liter a Judgment is misted vn the Note or in an Aotio?n of?ge foreolww shall be the rate payable fimu time b data lmdes fhe Note. .F, BY SKiP1T O BBWW, limmWer aoeepto agmaa to the teams and covenants coatained to t1 a Security Tnamament and m any Bider o wated b?y BonVW and recordCd with it. Witaesaes: g ALM -Boaowar (sue Ir ALLEN BWOWer - ? ? +?3' II ?. ij.: ..,. ?+ .. ? . • i 1' . , '111 .. 1 .: ,. (Serf} .-Borrower (Seal) -Borrower hP 17 of 11 Porm 3039 1101 aooki723mcE .,?7 Cet ti6cabe ?. • t]CE1l lz do hamby certify that the Comat wkh=n of do within named l+sortaegee b 4750 WEST` WILRY POST WAY, #200, SALT LA= C'13Y, UTAH 84116 Witnew my hand this ? day of V . t , t Agmtof apmSto C4l1IIMtU1'IVVILAt.TB O 13NNSX>v+V County w: On this, t1w day of before me, the under0pad CBARLES$ ALLEN and JULIE R ALLEN Luband. and w1h as joint tenants, known to we (or utidbctwily proven) to be the pawn(s) whose now(s) Wam subwrOwd to die within inm m mt acid solmowladged that hdsha/thoy executed rho same for the purposes benzin C4ataiaed, ]N wmas$• WHE 6B , 1 !lserlsua4o set my Land sad' offieial seal. My Comtniaaioa ,ksna 14.20 '':? ? .•, +Kas+her,Pranya„alaAa,ool?onotNoteulM ;+: , , , Payn l6 aC IB , l1w ?8eki72giNoE?.`• X19 . Porm MO IA1 In,tlaL:Gb- EKKIBIT 1W, ALL THAT CERTAIN piece or pamnl of land, situate in the Barotxgb of New Cumbariand, Cumberland County, Pennsylvania, bounded and desodW in acc ordmM with a sttrvesy and plan thaeof made by Ernest J. Walker, profeasional.$agiaeear,,datied July 3,1967,jes.f4lows, to wit: ; BEC31NN1' O at a point on the southeast scde of Barbam Street (50 feet wide) at the dividing line between Lots Nos. 19 and 20 on ft hencinafte r mentioned plat of Lots; said point also being 301.56 feet southvaet of &a southvAntata end of a curve donne sting Barbara Street and Brandt .Avenue; thence along the aforesaid dividing bona, South 45 dqpw 18 mints Eaat,105 feet to a point In line of Lot No, 31 on said Plan; thence along law 31 and 32, South 44 degrees 42 minutes Best, 60 feet to tho dividing fine between Lots Nos. 19 and 18; thenot;.aiong said dividing line; North 45 degrees 18 minutes Was4105 feat to a point an the southeast side of Barbara Street; therm along the aam% North 44 degrees 42 minutes East; 60 foot to the point and place of BBCiI Mr-T. BEING Lot No.19 ou the Plan of Lots entitled `Votrest Me', which plan is recorded in the Cambedw d Cm* R,eoptdar's;Affioe J4 Rook.4,Pm 54, . ;! L :.1 • ! ii 11i•M .:'•' .p.. _. ,t:il.l iii ::1.•'::i'.'.,li11..:'. ::t!.?1 i. ,•I'. '• ? ,.•. it_'.? ! ..u,,?.. HAV$?1G ?fJaOl.'CiPlx811?.?dig81>oulmPvM ag,No. 714 Barbera StrVetv New C:umbesrla 4 Pannsylvanie. TAXNAPRdMM eN0.26 i469400. 79 V.A. GUARANTEED LOAN AND ASSUMPTION POLICY RIDER NOTICE: 'CIS LOAN IS NOT ASSUMABLE VVTTHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. I" VAL G UARA"M LOAN AND ASSUMPTION POUCT 1M1A is mada this 14th day of June, 7001, and is %coepmated into and dta11 be doomed to amend and supplaumut the Mortgage, Deed of Tkust to Secure Debt (heroin %cmuBy I=trummtt") dated of even date havMth, given by the undemigoed (" BonvAteto secure Borrower's Note to PRIMARY RUMENTLAL MORTGAGE INC. (hetain "I:endGr'?, and covering the prapecty dcocn'bed in the Security Jnzhm a nt and located at: 710 BARBARA STRb ST, NEW CUMBBFRLLAN%?LNNSMLVANLk 17070 !.... ?, k V.A. QUARANUM LOAN ?Cp,V%NANT: •:.bi'addition to -tie coymas w and gF"ole?ate, Made is the,•swonty:lumi nent, 8ainoarec {tad'I.iaalaE 1ltrthet covedsdt tmul 110' ao follow: If the Woes Vented haft,be. guaranteed ,o! insptedtv*r'fitlp 3,8, Uaite4-States. Code, emb 74de and Rogoloups?isauod ilaeoeunder.mad is d Lvt on the dmi hereof shell govern tbsYrigfits, •duticb and IMd es' 96anower'and Leader. Any provmuwas of the Security hohmaeut or other instrua t executed in connection with said indabtednasa whioh are inconsistent with laid Me or R, phfii cm, lhchWing but eat limited to, the provision for payment of may sam in counecdoa with to paymme of the segued Indebtedtatss sad the provision that the Lender may accelerate payment of the wearer Webtedaeas pursuant to CrAmaat 17 of the Securi y instrument, Are hereby amended at negated to the extent necessary to conform mucb inshutaant to said Me or 8eplatlaw, AZ Landel's >IoazotVer tVill ceaautt.4.0iM, of tlia•overdoe per mam pal+ t •> l?.F 6N1; ? }.,days sttpr cite dice data t?im+eof,tc coyer.llpo.cxKa expeaae involved is banding delingseat p rusk but such 'late chug' sluill not be payable oaf off' the pmooeds of any sate made to atisty the indebtednras muviced hereby, tmabse evmb pmoeeds are suff},eimi to discharge the entire b}dabtrdness,mud 0 proper costs and eYpeamee aeaued haeby, GUARANTY: Shauid tau Depart mat of Voteram Afbdm fail or toEinci to issue its guaranty in &II mmount whbim. 60 daym A= tho deft tbatth low would, 'f oo d ?'0 . by the b of Vetaanm Affias a? the pmvislous of M 38 of the' "Cod`s "Yeteam $",du mny{'line i>xe node t:iedaoas 1r? moourad rot acres due and payable andmay foreclose iogtaediatelr or may exercim any other 4hts hereunder or bko any other ??• " . t scdens u by law Q» 7'IT}'Yc?;"Tbia ?oin iiasy tip decd Cdiel?? duo.'ntleyable npon,trs?efar At. inch ban to 1ptt! eo oc'**.ProPutT S any, pmb ?ht:,ACaxr?aty af`tlie apptloti.Of tLa loan .ie eetsbliilied + t 9es:tion 371;1 of Chspoet 37, Tltbs 36, tiled 5tatem e An authodzed of the prollQly d{All mislt ben m17lf?eot t0 iPWagaml COV64aatm mad agtti?ta M met imtE1 t101Q\Y: (A) Aj ff l dPvm FlftkNit..? lei 'A !fae equal io otio-fuilf of 1peioeat (.50%)' of the balence'of this loin a of tie'date of minsfau 4 the pa"ty " be payable at the tbae of transfer to the ban bolder or its authotiz* agtama, as trustas ibr the Dopatlauat otVaNp6i ht&tm. r1pe. astl ec. ifis' i?''pay this fee's4 tbe' titai'of ttatis(et; the fa shAll ooiisttwbb `au mddfdcnmi def t f o that' Ahea?IY aeciuied by this `iaatrumea? ;eTidll licit Vastest iyt to rate h'oxQ i provided, a W, at'tha option of &a psjree of site Purge 1 of 2 pagmant soak ?f . indebludnees hereby secured or any Ttatu Berm themo& sballbe irmnediately due and payable. This fa is automatically waived if the aasumer is exempt, ender the providam of 38 U S.C. 3729(e), (p) ASSUWnOf( MOCF,SSING CHARGE: Upon spplieation far approval to 411ow areurnptlOn of This loan, a procce*g foe mq be 4baged by 1he'loan holder or ire tartiradzed agent for debMining the creditworthiness of the zasunw and tubaequcody revAi n 04 holler's oftuship records when an approved M nafar is completed. The mount of thin ebarge ahali not cx*ftd the maximum asnbliahed by the Deparkneat of Veterans Affair for a loan to which Seddon 3714 of Chapter 37, 71de 38, United States Code applies. (c) ASSUMTIOA11Q+1DZMMTV LUBQM., If ibis ob4adon is ani mod, d= the aaskmter hereby agrees to assume all of to abrotiom of the veteran under the tm= of the huh m ants creating and securing the loan. The mum fiirdw agrees to 1ndeoM* the Department of Vataeana Ai x to the extent of any alaitn payment arising ikom the guaranty or insurance of the indebtedness created by this inatrumnt IN ` UNE M WIMMEOP, Borrower(s) has executed this V4 Guaranteed Loan and Assumption Policy Rider. ($eal) (Seal) CKUtMA.ALLEN Hozrower IN IL ALL$N -Borrower. ...i '; •;. ' .%elk6°.t t? r,. .•1`..er ar r•, ..•t. '.I.ri, r.?. i .. ?., .r,..... .. ....? , N.? I Cerft this to be IecOrdCd in Cumberland County?P;A Page 2 of 2 • pagarant Recorder of33eeds Date: Charles B. Allen (Real Owner & Mortgagor) 710 Barbara Street New Cumberland, PA 17070 7007 2680 0000 0150 9492 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. 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 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 Aaencv 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 INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Alk 1 1. 1. ?tam HOMEOWNER'S NAME(S): Charles B. Allen (Real Owner & Mortgagor) and Julie K. Allen (Mortgagor) PROPERTY ADDRESS: 710 Barbara Street, New Cumberland, PA 17070 LOAN ACCT. NO.: 9000227045 ORIGINAL LENDER: Mortgage Electronic Registration Systems, Inc., as nominee for Primary Residential Mortgage, Inc. CURRENT LENDER/SERVICER: Everhome Mortgage Company F/K/A Alliance Mortgage Company LAW FIRM FILE NO.: 08-033353 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISION OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOU 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 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 have for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 710 Barbara Street, New Cumberland, PA 17070 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: March 1, 2008 to August 1, 2008 @ 902.82 = $5,416.92 Other charges (explain/itemize): Late Charges: March 16, 2008 to July 16, 2008 @ 35.89 = 179.45 Inspection Fees: _ $30.00 TOTAL AMOUNT PAST DUE: = $5,626.37 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not a licable : HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $5,626.37, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check, certified check or money order made payable and sent to: Everhome Mortgage Company F/K/A Alliance Mortgage Company c/o Shapiro & DeNardo, LLC 3600 Horizon Drive, Ste. 150 King of Prussia, PA 19406 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) 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 creditor 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 attorneys fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY Period, you will not be required to pay attorney's fees. 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 an time up to one hour before the Sheriffs Sale. You may do so by paving 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 anv other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such 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. If money is due, such payment must be in cash, cashier's check, certified check or money order made payable to the lender at the address set forth above. HOW TO CONTACT THE LENDER: Name of Lender: C/O The Law Firm of Shapiro and Shapiro & DeNardo. LLC Address: 3600 Horizon Drive, Suite 150, King of Prussia, PA 19406 Phone number: (610) 278-6800 Fax number: (610) 278-9980 Contact person: Ilana Zion, Esquire 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 X may or _ may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, 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 INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (Fill in a list of all Counseling Agencies listed in Appendix C, FOR THE COUNTY in which the property is located, using additional pages if necessary). HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 ? C?6- Date: (?A \ 7pp7 268p ?pp? ?15p ?5p8 Julie K. Allen (Mortgagor) 710 Barbara Street New Cumberland, PA 17070 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. 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 save your home. This notice explains how the program works. 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 ally questions. -you may call the Pennsylvania Housine Finance Agency toll free at 1-800-342-2397 (persons with impaired hearine 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 INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Charles B. Allen (Real Owner & Mortgagor) and Julie K. Allen (Mortgagor) PROPERTY ADDRESS: 710 Barbara Street, New Cumberland, PA 17070 LOAN ACCT. NO.: 9000227045 ORIGINAL LENDER: Mortgage Electronic Registration Systems, Inc., as nominee for Primary Residential Mortgage, Inc. CURRENT LENDER/SERVICER: Everhome Mortgage Company F/K/A Alliance Mortgage Company LAW FIRM FILE NO.: 08-033353 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISION OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOU 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 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 have for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. f you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to datel. NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 710 Barbara Street, New Cumberland, PA 17070 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: March 1, 2008 to August 1, 2008 @ 902.82 = $5,416.92 Other charges (explain/itemize): Late Charges: March 16, 2008 to July 16, 2008 @ 35.89 = 179.45 Inspection Fees: _ $30.00 TOTAL AMOUNT PAST DUE: = $5,626.37 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not a licable : HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $5,626.37, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Everhome Mortgage Company F/K/A Alliance Mortgage Company c/o Shapiro & DeNardo, LLC 3600 Horizon Drive, Ste. 150 King of Prussia, PA 19406 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) 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 creditor 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) DAY 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 bYperforming any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such 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. If money is due, such payment must be in cash, cashier's check, certified check or money order made payable to the lender at the address set forth above. HOW TO CONTACT THE LENDER: Name of Lender: C/O The Law Firm of Shapiro and Shapiro & DeNardo, LLC Address: 3600 Horizon Drive, Suite 150, King of Prussia, PA 19406 Phone number: (610) 278-6800 Fax number: (610) 278-9980 Contact person: Ilana Zion, Esquire 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 X may or _ may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees. and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, 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 INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (Fill in a list of all Counseling Agencies listed in Appendix C, FOR THE COUNTY in which the property is located, using additional pages if necessary). 10 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 7007 2680 0000 0150 9492 co 0 W 00 m 2 d 0 N m W 0 n 3 S- w W 0 m O 7 TI r'O 6 gym. : W ?' o am a y y . W M U) N Z W p?? O ?z N3 : o y 3$ 3? ?m ?? • • PT co c> -0 r4 tD O " S W ' P. a ? m 3)= ?,, Sys •n p'?--E 4 $ ? t • a) ?Z " p 0 IVj• 0 ? ?jN- m a8 3m m S M ?N co D 0 . 00 a c N N O 2 r o n ° ? & c 3 • W D o' ( 3 Q S N ? K 9 ° ' z -j CIL 0 • O 0 O co tz M ? i a ? 00000 ? n i v i"t ? ° bd u• i c fi m L C a ?? eI o ?° CD CD I 7007 2680 0000 0150 9508 b 1+ r° o z. o m ro V a a > 0 m oo UQ to 0000 oiio ?3 • O O m mm?? all c2 co n ? `? 'N m c'p 1 / 0 O 09. .0 v . ea r y Im (D Im • G °Q$c C (!? , CD W'?gftk%3 U'l o ° ? m a < .. o o uwrFO ?y Iv O F N ?' 9j < W d a N -n A - ? CA n K) M co 3 y ow r. < o, C3 m O N ? 5 D C) lt C CL 7 c` A A ? m ,N 9I - _ o(D CL j' C> 0 o - C - (D M D livery onfirm tion % ?? Signat re Con ?rmati n 1 1 1, 0 Species Handl ng a d Re ricted elive Retur Recei t A EverBank v. Charles B. Allen and Julie K. Allen VERIFICATION The undersigned is Kellie Rohling of Everhome Mortgage Company F/K/A Alliance Mortgage Company on behalf of EverBank and as such is familiar with the records of said corporation, and being authorized to make this verification on behalf of Plaintiff an officer of the corporation and being authorized to make this verification on behalf of Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Everhome Mortgage Company F/K/A Alliance Mortgage Company on behalf of EverBank Date: Loan: 9000227045 08-033353 Name: KELLIE F Title: Vice Pr Company: EYE CF) ? p a, w r y. CIO Cr t too r SHAPIRO & DENARDO, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I.D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 08-033353 EverBank PLAINTIFF vs. Charles B. Allen (Real Owner & Mortgagor) and Julie K. Allen (Mortgagor) DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 08-5499-CIVIL TERM PRAECIPE FOR REINSTATEMENT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above-captioned matter. SHAPIRO & DENARDO, LLC BY: Ilana Zion, Esquir Attorney for Plain i SHAPIRO & DENARDO, LLC BY: CHRISTOPER A. DENARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 ILANA ZION, ESQ., ATTORNEY I.D. NO. 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 08-033353 EverBank COURT OF COMMON PLEAS PLAINTIFF ; CUMBERLAND COUNTY vs. 11 Charles B. Allen (Real Owner & Mortgagor) NO: 710 Barbara Street New Cumberland, PA 17070 Julie K. Allen (Mortgagor) 710 Barbara Street New Cumberland, PA 17070 ; DEFENDANT(S) "0 (_U I COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. N a 9 Mr M r -sy Z r c © mo r-n d ?i Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO ALA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 SHAPIRO & DENARDO, LLC BY: CHRISTOPER A. DENARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 ILANA ZION, ESQ., ATTORNEY I.D. NO. 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 08-033353 EverBank PLAINTIFF VS. Charles B. Allen (Real Owner & Mortgagor) 710 Barbara Street New Cumberland, PA 17070 Julie K. Allen (Mortgagor) 710 Barbara Street New Cumberland, PA 17070 DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, EverBank, the address of which is, 8100 Nations Way Jacksonville, Florida 32256, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: Mortgage Electronic Registration Systems, Inc., as nominee for Primary Residential Mortgage, Inc. Mortgagor(s): Charles B. Allen and Julie K. Allen (b) Date of Mortgage: June 14, 2001 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Mortgage Book 1723 Page 61 Date: June 22, 2001 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assignments: Assignor: Primary Residential Mortgage, Inc. Assignee: SunTrust Mortgage, Inc. Date of Assignment: August 22, 2002 Recording Date: September 6, 2002 Book: 690 Page: 123 Assignor: SunTrust Mortgage, Inc. Assignee: EverBank Date of Assignment: As Recorded Recording Date: As Recorded 2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by virtue of the above-described Assignment(s). 3. The real property which is subject to the Mortgage is generally known as 710 Barbara Street, New Cumberland, Pa 17070 and is more specifically described as attached as part of Exhibit "A": 4. The name and mailing address of each Defendant is: Charles B. Allen (Real Owner & Mortgagor), 710 Barbara Street, New Cumberland, PA 17070; Julie K. Allen (Mortgagor), 710 Barbara Street, New Cumberland, PA 17070 5. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 6. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of March 1, 2008 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 7. The following amounts are due as of September 16, 2008: Principal of Mortgage debt due and unpaid $99,056.53 Interest currently due and owing at 7% per annum calculated from February 1, 2008 at $19.00 each day $4,351.00 Late Charge of $35.89 per month assessed on the 16th of each month from March 16, 2008 to September 16, 2008, (7 Months) $251.23 Escrow Advances made by Plaintiff $923.79 Property Inspection $30.00 Title Search/Report Fees $250.00 Attorneys' Fees and Costs $4,952.83 TOTAL $109,815.38 8. Interest accrues at a per diem rate of 19.00 each day after September 16, 2008, that the debt remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other expenses, costs and charges collectible under the Note and Mortgage. 9. The attorneys' fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriffs sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. 10. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et seg., was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Pursuant to the act of December 21, 1998 (P.L. 1248, No. 160) (Act 160), this Notice contains the information required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P.S. Section 403 et seq., and separate Notice of Intention to Foreclose is not required. Copies of the Notice are attached hereto as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendants, jointly and severally, in the amount set forth in paragraphs 7 and 8, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. SHAPIRO & DENARDO, LLC Date: BY: Attorneys for S & D File No. 08-033353 - ik* 01 Jit!N 22 fln 9 44 Propaced Dr- Reton To: PRU"Y RISMEN17AL MORTGAGB lwrl 4750WWr WKSY PW WAY WO SALT LAIC CM, DTA'g 841x6 Attna S13PlM Dl&lTADor.COMOL Parcel Number: • ors A6ave TLia Ji,iea Per Iteaerdfne Ds?G?i . MORTGAGE r?yame?4.oxtooes?3a NOTICE: IBIS LOAN IS NOS' ASSUMABLE WITHOUT TIIE APPROVAL' OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORED AGENT. D'SmuTIQNS Work used is mndHple recticot of this dacumtnt ac4 de8ne4 bylaw sad onset words arc. deluW in Sections 3, 11, 13,18,20 and 21. Qataln ruder regarding the usage of words ward in 06 ducim at arts also ptovided in Section 16. (A) uSaeurdty Ius4rntnent" moans this doeutuout, which is dated lust 14, 2001, together with aid Rifts to this docuumt. (9) "Dvn lore is CHABI.F,e B ALLM a" su"M IL AI, lm bulkwad and wife a Joint temoft. BotYO w is the ID Of wmW dds Bowity b*ow mt. 1W. M88 is sOpiltate catporsNon ow (C) "14 .$8° is Moop 13teOQOaJC R%b boom, b sedal Ed* ss a e for Y.atldet ==boom, s sudmaom and assign!. 1 9 Is the mortetgppe:Wt?let' lh1s. t'seetidl)!, s?t,?ssesst. ,, ?s ? sad es3alag=under iaV,q? of DeLyv44 sad tins in addmas u d %l phone ni br .Baal 20L6. Fliat't?AL 48501-266in sl• (888) sr9-mss. , ` . PE?YLYAniIA =$inak liamtsy? Fes3sla MWPeepdta Man tNQIAORM tNBTRUM6KT WTC'H MCCtS ? Forw3Q?! U01 rap t a()$ pavmedd aooKl7t+w? . 61 (D) -Leader" is MUM RItSMBNTUL MORTGAGE INC. Lander is a acup4or+u m a mtaad and esdatmg under dic; !awe of flit SWA of NEVADA. Leader's address is 4750 W8g'X' W" POST WAY, #1%"M)GARS CMV, YITAU $4116. (2) "N1eW noses; doe promissory note s*" by Boadwnr and dated luxe 14, 2001. The Note sines that Borrower owes tauft doe >gumind Sena Th"mad Nfao Hundred Acid OW100 belbue ((I& $ 107,ti00A0) plan hiaerest. Boesowm' has promised to pay this debt i» tocchr Pesiiodfc I*menb and iupay the debt is fuU not ldw rhea icy i, 2031. (1) "!ri'e mle mom alto property that is desedbed. Wow tinder this baring -rh ufer of !tights is tbcPmpuw M (0) 41mm" moans flee debt evldeamd, by die Note, plus Intemsk any p u paywmtt charges ad late a ogn doe uadwtho Note, and. eII suns doe under this ftuw ity Insaastiont, ON itdettstt, (14 "Ums =ram all Riders to ibis Swxity Yastsumegtt dot sun asrmftd by Borrower: The foUawing Riders are to be exeented try Bouowar [cboclr box as applicable): [ ) A4*ttbk Rata Rider [ ] C4=110mbiisrm Hider () 5ocendHomo Rider [) BalloouRider [ ] plaattedQ*DevelopmdttRidw j ] 14 rmn* Rider pq VA [ ] Biwacirty)?ayment Ride [ j othrc(i) (egtaedi??J (1) "Applkahle Law" MOM all coniwftg applicable feder4 state and local gteattta, regwatiom, otigajinaee aid pdtt aigtratirre rules and 09 to (that 111YO ft Dftt of law) u weri as in WHO" f?a1„ non-eppoalabb jud[cial o?atons. .. (3) mss<nlq Asaof4he;n beer, YFeea, and Asseaenienp" meaa ail duck fe ee, asses®nea4 and 0&w chaW 166. m* imposed an, Bouoowei or' the Property, • by a condominitum uscoidgn, homeomm amodadah or d titlar arV6itatdm (19 "S1mb'arde 1Fun& Tr wt&ru ors any transfer of finds, adwr than a uaae cdm origi=W by check, el(tA.or almflsg Paper insttulnent,,whloh is iialdeted,ibaWSU is alsctranic !marina!, fs 41012 C gaeatiei tape ao as to oidei. inst?act. or eatharize a fauacial watitodoa to kjhnnwW , Ora* de4Ht a omdit an ateouttt 96h tam faalndes, but is not lisnitad t% pa?of--eels umnsfm , avtomabd teller .m moron trarmactians, kkif"en ioititiod by telapbpua, wire "fern, and automated (14 "slaw means iio i a tltet hie'dosc:ibod iii si c : 3, 04 egiweeeae PONWO wgsaga,auy ?eapen..W j acWwvo4 award of damatea, of pmeeods paid by any dried Patty (other than insumeme p;ccode paid under fha covrMp dnmUW In &GIIN 5) foes (0 demW tc) or destruction of, the PeWmiy; (ft) eoudmansdon or vibes tekfag of ad ex say part or dw Psapeciy'. (iii) aoafvesyeaeo in lime of cmdeaeaadgo; or Ov) miucprosoatptioas of', or ombdow ae ley rho valve amNat crosdition of t%t Pm cdy. (i) mbfer%W hwerslate" mum lnwrante protecting Lender against tho noupcyummi of, dr dddWt cm the Loan. (4) "1!a' e& 14is"o moan the: regdady s bcMed amount dae for (i) principal snd Ittnast under dm Nate, phis (if) any stn wo aadar Swdm 3 of thin Security instrument. Page 7 or 1e Ooi1K1793.mtc . ,02 Form 3039 [aids li. CL (P) MWA~ ns3w8 the XW Bstuo Bcol meat Pmce&m Act {12 UA.Q SeWoa 2601 et segj mA its dug tq*doa,.R rgubdw X (24 C.P.R. Pwt3SWt w &{y t bo m=dod fi m *w to *A or eery sddSimd or or nVkfiw *d poem{ the me aabjeat ttndw. As used in Us Sccuaty hmk me4 "RMA" tet'en to all togWnm ix sod n*Wakm tint ore imposed in tepNd oo a ubdad y+ tdatod tnmtgaZe loan" even if tint Losa does not qualify u' a "lbderslly wk W asoetmo )oatt" m dw RESPA. (Q) 9mmmw is hisred ofBormww lay ppty that has talcea We to tbo Piopotty, whedur or not tut potty has aaamned Bouower's obliptions wider the Note uWat this Secodty hxftument. TRANSFER OF RIGMS IN THE PROPEM This Sec ulty 1uhumout sow= to Leaft (o the repayment of tht L=4 mW All taaowila. wcwmima sod =odi&w*m of to Wak- sad t I6 pwfommxo of 13anowmes wvcumb and wgmcmwm under this wgOC pty bnhu=mt tad the Now For 0* porpoee, Satrowet does btroby mutt qe, zmnt and ooavq to MIMS (atdeiy a nombw for Ludet and Lender's itl6emm{ mid msigas) and to da soooassota tea i0dp a o[I tBRS, do hUw*iog dos *W property locatod is the cmityt7ypeofbcotdtagYari 3Of£Olti38muAmjNsmeofttsco gJariadretiatlp $BE ATTACHED ZXMIT "An + . whiob otuteody has the add p-of 710 SARA BTRII;S'P - wd"t) NEW COMMWJAAM ICM. Feooaylvania 17070 fop tbdty VTropeityAddress"}: TO( R WAS ill+gm Impwya w* uow or hm=Acr• crccwd on the ptopeny, ad aA awwwk, appw%nm cs{, and thetutes now of b a pW of rbe property. All tepiacamaab and additions sb4 td{a be covered by this Seoncity lss maeah All of the famgoing b roi'acmd to in this Secw* Ia mum at as the ` mperty.?? Duawar wOmbn& and agree{ taut MORS hol& only legal title to die In 6era{b graved by Bummor in this Sonority la{awo mt but. If necmu7 to comply with law or custom. IWM (a nondnee for Leader and Lendct's eucceasors tad assigns) boa the rlgfit to l+om 3039 11s3 • Page 3 of I{ ,.(r.• INtialc ?[[ s 'a - a cmalw tart' or all of thew inh m U..imahtdtog. but not limited to, One sight to foredoae and scil the property; ad to take may aedon sluiced of Lander ind udiog, but not tkaked to, releasing and canoft tole eeweiey betrumem. BbMWBR COVENAMS that Borrower is lawtatly aeiwd of the mote heraby convoyed and lips the tdgbt to mortgage, pm and ooatvey the Property sod dot &v Property it ut wmnbered, except for amxLmbmnm of re' A Bamawer wa nnk pad wM defaad gonvWty the No to the Pcopc[ty sphWaA c1 d= and dmrrnds, suWm to any mcumbrances of mead, TES SECMUT'it 10'f'fllJidaM cordbimes %nib= oovenamtt for -tinned use and mom- tmi5omc eovnnaft wbb by4ed variations by j+niadiaRion to ooatitate a umfozaa acwmW hw4unwat U1VI CRM CdVERAMS. Bormwer and Lander coveamm and agree as fdlovm 1. >Paym mst of krindpsl, Interest, lE<mow Il*=% lPtgatymea$ Cksrg% and leas-. Mar m Maws: dqR pay vAm due do ptdnckW o$ and iabaad om, llre debt evidenced by dw Note aid art' prepayment chum and late da w due nixie' 6a Note. Botsawwr"oleo pyr thn& for B;mw new po maw to Section 3. Paymanb dam under the Note and this Swttrity Isib ment shalt bo math in U.S. cunmay. Howover. if mid dwoh or other kdro eel aceirod by Lwdor ai payment under tbs. Now or this Smnrtty Ynsamnemt is retomed to LaAw uopmK Leader way mgdw that any or al "bsequcat payments des tinder de Note and We 3ecadty luhvmmt ba made in am or mote of the Uvwlpg twins, as adeeted by Lander. (a) cash; (b) amaay order; (a) owdW check bamkokck tieaa reed duck or osolcee_ cbmk provided any each dmk b drawn; upon an imtitution wbgio dapoa}ts are, ina wtd by a fodc a? aga?oy, .initcttmetltali{y. or entity} as ( Slccbeoltdc !ihhofi? P.ymw*.on domiod received by LAW* when, Kca ived at tim-I atiort designated in tine Note or.at Saab looatbn A! `Y be, ?d n4.1>)+ ac4denc0. wit% th4. prey . ae vat tot fig the yaan "auQen; Lender buy .ccepf,Ray payment or pow payawd imttft3oiont in bsiug the Lonu oacDcht, wltbgat !vRikw or any, sjg .bwaander or prejudice to . to tatltce each paytncnt orpasual paymoals ih the future, hot Leader is not obligated to apply nit palnPwts at the time such pay tmnta ace iccspted if cacti Pettodle Payment 1s appded as of fw eebedtded due date, stets Leader Head not pay inttireat oa un"119l toads. Leader ma* hold such anepplied No& tmttl Bammicr m&m payment to bd* the Loon dement. if Borrower does. dot do eo . wlthim a MWQ.; bin period of *nq Lander.sbali oi>i? appipsaoh fnmde m iroatta *=to 8ot=owen ti not applied wdier,.iudi ibnde 40 be applied to die outstanding pWciW balance umda.ihsNuty iauuediNe?r wsw tc fmoco trm No offl* or daiuat wbioh Bormwcr might bovo now or 1A tlto future e$dtud LuAw sball vMeva Borrower from nmktag psymmm due under the WO acid thin Security ar imaosmwi the txty and agtrlunonUt soeaued pt' tlds §aaooy imirTnatnt., '?. Aj0 tt6.Of ] agnm ate eC.*ooeedL Except m.oOlarwLa deaodbed is this $ecdom Z, all peyaaents amgmd and applied by Leadoff 4M be appW in the t Mawbng order of peWty: (a) iatarnat due undo tiro Note; (b) pdpcipal due uader,the Note; (e) amounts dac under Section 3. Such payer dwH be app#cd to each-PaWk hymuat in the order in which it became due. Any YOM 3w 1101 PMge 4 elf 1$ BOOK1723PA% . 64 ft=Wq a wma slwll be applied first to km chogro, second to say other wrwlmh due under this Seatdty Iaett+z?t sad then to evdaea tun oitba Nate. if Lander raedm a payawk Sum for a delinquent PedaRa Payment wretch incladas a m9kient amaint to pay any labs tihatge die payment my be ap&d to *a de wpwmt payment mef the Ute drttge. If meal than me Pmlodia Payment Is mtabadin& IaadarmaY my paym at ready fmm Ba nwu tathe repayJneat Of the paiodw Paymabts it sad to the omw that, each payment ad be paid $t AM To the selttllt that mY exam atlas after to pommtt is appiled-to the 611 payment of am or mots P=Wft Payments, limb am =y be &"lled to any rote a ogm due. Vobi>ztmy Wit; sbell be applied Seat M any prepayment dktga and then as dosorgW in the Kota, Any spplicadon of psymepot, hmum ea proceeds, or Mievelisneam Pmceeds to principal due aadeg the Kota :ball fait m W or postpone the du date, or ehaago tbo walcumt, of the periodic Psymmals. 3. wums sw zKmw name- Bonmetr d" pay to L rider = the day Periodic Paymanta at duo under the Note, field 9m Note Tic paid at Ali, a sum (&a "PW&I to provide for paysmmlt of atetonats dus fee: (a) -and i t and other items wbiah min attainprIMAy ova this SecudtSr ae a Jim of anamlbmw on the Ptopmyl (b) hasaheW psymom or smad rents ea the Property, it any; (a) pcomimm for any rind all irfsarpm by Lm der andcr Section 5i and (d) Mortgage kagiranoa pct, jr nay, or say lams pspable by Baravhw to I oaft in Ueu of tho VAYU!ggf Of, Ia! !1 laR? 9( Scgt m 14.. _.' items ars calltsd " It?m3.' ;1?t or?gt ISm. oF.q ?M dt? * the terQi of duo Lola, Linder nay nq*a ttw. y m Delsb )?•..' 4id Aiseasmmlts, if tuty,. be escrowed, y. . ', and. suchdues, Jim Apd p Be b ll . an ?" eln Ana wof shtt[1 pranptly ftaaid to Laldar an notice of tintot to lea paid tinder tbfs SeaWm, AeaOWtrahA pay Landtc the Funds for Brcxow Aum uttlaas Laminr Wsim Beaowex's obligat- to, ppy the panda for any or su Pacmw Items. Lender may waive Barrowees vWtgati; i to pay to Lender fonds for any or all F.mmw Iteats at say time. Any =* Waiver Limy only, be in VpWat ht the event of such WaMmi Bomwer shoo pay dimWy, whey md'wlutrc pgyablr, to a1a01mb doe for spy Escrow Items. for which pa3w.4 t of Dads his been waived by Lander std, It Lender xegsi . shish fl-14 to Lands: receipto avldenoing attah psyptaat wlYhia,sgah tis:iris pealed as [.tsQder any:ftgjIm.. Bouoaer's oblipstioa to msito mcb paymeab alit to pmvWo shah for all ptapom !le deemed .to be a covenist.mW agtemieat CentakW iii this SooadW ItlMmmr. as rho PM= "covom* UA avemmC is used In Sadao 9. YfBapowgr Is oft ptedte p q Rmmw.lWmt dltedy, guatnsnt to a waiver, and Boamver Nis to pay the aglottat due for awl 1 a. not", L pdgc may oXet" tts tlpha under Section 9 mApsy :etch, atarnptt and Bono vq .sball.dmn bi abopled ate Section 9 Fo repay to Lou r any snob ansouat Crider may fovoloe lmi Pvaivar ss to oq ar al(Bsa,ow fteme at any time by a nation gn'eam, accotdaaoe with Salim 15 tired, V* Mb mtooatlaa, Bo6mar shalt pay io Leander all Funds, sad In such amosmh, f>uit ate tlrpn retlCtt:od,???der lids Section 3. Laadei stray. of nay titoe; co d eta kohl Fug& is a? amount (a mmaleut to.petmit I,en?or to apply the Funds at !bC time _apeclod.tmdeF k8 ` end.(b) tlofto ;exceed, tba ttmxirivias, amount a Berm 3239 Val tag.SoflA ?Q??r ??[(] leader atn regdw vzeder RPSPA. Laltlas IddWA the tuaotmt of Vusds due on the basic of etmstt dab and reasonable adoidn of d es of tlstsut P,=ow Items or ather vise in accosdaaoo wAh ApPliceble Law. 7e Fsmds ebedl be held is an Initl dim wh c depowls an hwavd by a fsdrasl agwoy, inshwaud dlty, at WAY (inchfing radar it] .endpc is sa hadtAn whose deposits ace so hand) of At my Federal Home Lawn Pask Letfc tdtall Mly pe lands w pay to harrow [tour = later Q= the tin w aprdtied under RBSPA. Leader well stotdwvV 8oaowotr for butdiag nasal vpptycog tiro Pondr, aaonalll? WATAnfi to eagow aacoant or vadfytotg the Bamw aws% unless Lader vp Basnswar l asst on the Fumb and AppBW6 Lvw pa':r& I ieorb swh a obarge. Unison an agweawa U made in wsitmg of Appiioebte I.sw negaims latemst to bas paid on the Panels, Lmdnr sbatl not be segdsvd to pay havower any ;shoat or enaigds an the Ptmds. Owowar and Lander can Mme in wvWw& l owava; mat nascent aball be paid on tike Punk Leaser a>nat[ give to Borrower, witboot obogM sus s mvni nowoo ft a f tba binds as byRFBPA. If tau ie a sncphu of Pmb bald in escrow, as dofined undo RIWA. ].coda slue socovat to Borrotvat tot the exvws fiords in amakoce with B.IiSPA. If there is a shuttle of Fords bold A eaelow, a dtdiw d udder R2WA, X.tssdec sbaU zadty? Baamt m as teethed by RENA, said Bmaww "pay to Leader Was atpwmt neeowwy to nwiOd ttp Ike dsoreage is acoaedauoa wi t iMA, but to no mono on 12 maumly paymam. If there is a defidmy of Fund! held is oecww, ar dq&W under RSA, Leader abaft soft B=wa a nq dad by RESPA, add Bottawef t3asii pay to balder do avaaaat naoaasq b mgka xp: the a imloy in aeoord?stcr vj.p RfiSPA, but in no mare tbstn 12 Upon paymant In W of 0 roans a wrcd by tbis Security lasttuateut, I aadct shall promptly s4md to Borrower any bald by Lander. 4.." 'ChvBasi Liana. Bonoww shall pay all Ism.. his, . ek es, &a, and Impoeltimul altabnbbk to the Pmpatry which cad ittsin pdotlty. oym this Swx* lushnmtut, Idasehold * i g oc grouad teift on the PwOrtye if any,, and Cos?tmity Assoeistioa Dues,, Feas, Eaorow, Ironu.1`inn waver clwtt psy thorn in #MP are atad Ate, Jf FW, ,'t o,tba a't t¢ese rho maanarittovided L1,Saotiatt, 0060wer halt p"G.U fly discharge aqy lien whigb Itss,pi ry Ave, this 9owtity kit uti P SOMFOW. (?i agtpes lit q?ridng t t)w palrmeatof <tta 0 txaured by ibe lien In a mama acab6s Camden, but;,Y,w >!e p'?a oadosts tba lion in good BW by, at dafi* di ice. ±,? hl Lender's opinioa opesuto b pwant eho wfa mt of the Him rvhr'?o those i moeodhw ate poa tg, but oetly -until aroh ptooee JkV am tgoalntlod; or (a}. geoitcpa fra?i &.61dw of dw lion so agt?ment srtiatiatoty to L e4>b ?; M•tw tjrq.lieo 14 4,$ 1?.?!?t t ff 4 > .of>ha? b y p4 y,o??e? i rt?i? ?areca ,].ear >ayy Viva eat>oo(er a la ?.ibbe lieu. Witl t IO ditys aF r to dde an rgldoh fiat parks 1s gtren, Boapwer satisfy tilt liar of take game aC awn of the acf set fodh sboye in dds Section Farm3039 1/01 . ?. ? paacdofl8 ?v? Leader may maim Bommw to pay a owe oboW for a real estate tax va fic:ation and/or reporting aervica used by Landat in tam ndw w16 "Loan. . & Prow q I maranea. Borrower don lump the inapoovemarets now W*bng or hereaft eroded on des Property insured apiost soft by Rte, hammrda bekdad Wallin the tom "ma aded cave M" wd my Other hsutds indWba but not limited 1% atdhgNa = and floods, for *614 I.aader ragnira hwawim . phis Wmamoe abdl be molotainad In Ow aumm (hwb ft dobcdb 4 leveh) acid for dte periods diet Lekloc TegaireL What I Bader mgtmes pr:tmant to the pace ft iw moos er'an d mr daring the to?m of dro Lawn, Tito bm mee mniar pra Mhw dw intutraxe 011011 • be dwsm by Dommor subject to Lehhdar'a ridbt to disapprove ko mwet's cue, wMah night ,ball hoot be nerclaal uorossonably. Ltoudar tray ragaioe Bomar to pay, k commoub n wig this Loan, Caw. (a) a ono-tbma c wsm, for flood Zenn• dtoe on, eartlGM&M and ttad t Aft-doer. or (b) a ow.dma obarge fhr Rood xm' delamda dw and cadtfioatfon union and aubaagaaAt dmgu tack tlraa rmnapplage or fb Vx cluagas oehaur Mbiah teaoan?biy tttlgbt aif'eat ,shah dotomoloadost a, cer6ficsidon. Dorrawer"also bo tespoo&a far On paymmd crazy fns imposed by the Falssal. Emergency b6zagainu t Aamy it Minn ,nth the raview of any Sood zoaa dotaronaadon. :moftg f4cmt au objaodaa by Bonv*vL If Bamwar fhils to msttain any of On coven es dosorlbod abova. Gondar may obain insonme cavaegc, at LtmdWs spoof and Bamwee'a expense. Leader is undor tto obligation to pambesc guy pard adst type at amormt of eovemW 7hm: stare, sash coverage shall ootrer Leaft, but might at might not protect Boorow, Bovowees ewdty in arc property, or the contests of the Property, igainat any risk bsiard. or ijbWq and might preNde greater or laser oovcmgo dm was pmv6udy ins eat, $alptnwae wbwwiod diat:dta cook of Ox (,manse, mvp ap po obtaioed rA-jg exceed tld'coat of ttgtHosrwrer oanMluwi obbit?sd:. Auy anaoards d'nbeuaed bY I makr this Season S. tbau bpcosne sdoi;ifoaat delit.oi Domawor secured by tbh Seem* lashammt. 'Dross an i"& ahafl boat, interest at the Note rate fi*,die d* ot'disbursaimr and shat( be payable, ait6 auc?lip rast,,t OS 8w2LaoWeitd Be:rowmi qn haXmeat A11 inta.l70 rocptiitsd by t qd ivnesr* of parses ftit be sabjeot to Lender's Tighem ?ierrs uovo seisrpstI,,,rt?' sbp(1ipchtdc.a.a4nd4sd tnartgago,claaee,,dad,ballrams Leader at matgaVw aa?d/ot as aq N&Nrua d loss payee..1,pndar $64 bays die right to 1414 tbo Policies sad n10a+iVal cal sites. If.Loih Cr rogntrey ar ?ar p?omptlY?,g, so?I.e * all meipts ofg l ? ; ri8agpprisr•obt?ipp rust odsatarlsa =egtoead, Y Lo ider.. - .te, o? degauat?ol?' odes ,?rope:ly, such policy stilt iny]t>tle a atind'trd imago clime and dial( *ma, Ljgt* as morfgageb and/gr cue an atldi iona? loos Payee- In the ,vent of toss, BmrowerAall Ova plumps: notice to the mash== carder and under. Lea t may msice ptvar, of laai >T r?qt mach prgmptly by B*mMw- Unless Leader. teed Borrower othonvheo vrritithge, ee pEoaeda, w6atttar a the rarderlytag.hw%aacg was nquiied ' shall 60 to'testoo don or iepesq of the Property, #f the rtuoThstiaa.? repair is rfeetiibin and Larder's 'loo' is not le.YWAM& ttialt mp & and rzsteratioa paced, Letsdar shall have .the right to hold such inauiaaca protaeids rmEfl Lender W.. had as . F?tw 80]! rJar ' InlehJr. "W17 3"' Wit oppartor+ity to impact such Proporty to ammo the wodc bas been completed to Y,emder'r sads9iodoo, provided drat sock impectbtn *0 be undaWomn prowl*. Lando may dtebaae pooeetds for ffie repriia and rmemadon in et site& Psymaest or in a rather of pmOm payaments Al the wads b complew& Unless on agtommont is mado in wrist or Appllgbte Law Isgviea kWalt in be paid OR such Insar>ttoe proceeds, Lnador shdi pot be nwtbd to pay Basco t eery tubmi or a wAW on suds proceeds. Fes for pnbtio s4holea , ar diva dW p utic , reamed by Bwrowar"trot be pW mt of the ion mm proooadi and ihtri be *a mak ob Hof-Bmwva. It >ba trituration or rear is not ecom amiatW iiasibla or Lender's seauatity wanld be laaasod, do imedmance pamx ds d" be spplied io the anus seamed by this 3eourtty loahamont, wboOm or not then does wik die aaaen, if any, paid b Barrawm Snob bwwome proceeds shalt be applied is do order provided far In 8edlan 2. if Borrower abandon to Pwp=W, Lander may tie, nogdb to and settle any svaudia humod oe cWm and related mantic,. If botmwar dons not remand whhk 30 drys to a udce tram Lender thatthe iaa rams; came im offered to awk a dam, dam Told atr my nap am and eras the claim, The 30-day pedod wM be& wham the notice IN *m to dthar eve at.-ar if I aaqubes the Propeatlr under deecfiou 22 or aftworiao, Soaowes- barrby assism to I r (a) Borrower's *16 to merit inptr=m proooods is m atttatnt not to cooed dto ammamb tmpatd under die Note or dlis SoaaW fit, and (b) any other of Botrowces 090 (atbat dtaa dre d& in any tafrmd of vmgsoned.pa is paid by S=oww) under aft m rrmoce pohmiaa eovvetng the Property, iesafer as Amh rw* are rpgile:ai?le to. t* e:ovar?ga of tbo poopegy. Lander ray =5 $a insurance pmeeods either to oz iestom the ?X6 p aty or E Pay UWO' is aopald nadnr the Note or this Bei oictty - _? ., IIr 'ptneta?t°.t: `x off! s? thmt.?;.i? ? .1, ..,c_.1, „ ... .. ---- • t' • - . _ .. _ - .. _ pft IOaidail0e W[Im416?leht after?a7' .11dro.... 1 Of.kvsee-,.,,?? r • r . ' lbA ?o.?o7c?u?py}tlois???ro?p?ei m?? goripgre?Ps:prmcipal l+a iiatoa lbr u Yrw ?e!? i of oFagpwrey+, YfYGi. JW6,0f WIWIRY Il, e 1uvrsess4' a?tl?lde or ctrq?ms aJttat are beyond a e:onttol, 7. lereaervAtian. Mattitanauae and 1'roteailoa if•1lie Yhoparty3 Iitapeotiopr, Borrowers dtaA not destroy, damp or inrpah slur PtOPUty, aWw the Property to deteriorate err Cmundt waste m ho Property. Whedw at not BOMYW t is rsditg in tba' peapaty, Beurowar shah mainta in *0 pmpartyin order b prevent, dlq Pc rq fray detoddRretiag or iA vgltte data its oettMM- tJnteass 4 is de?iiued,prrriuss? to Spciton s Chef rem at realot+etloat ie teat ee octet ONRY. ? Aoaavrer diak pto>rptly tr the Ptopartl! if etamrped to avoid faedrar elaabtatioa or dente If imtn'os copdetnnatlon pmaeeda are paid m eonneteian x?tdt dt+se m, or ttre taking eiha t'iopactY., Borrower dmiCtie-ienppaeibla hr rapaaiug,or ohs PEOPOO only if Candor hie telcasod p foc such pntpoaca...Y:andgr mw' etuburre> lbr dta repasts and mloa dp he s atn?e P m 1n•a tieaies of psetgtess psyaRenp ss Ura wot'k k ooo-?ap?labod. Yf the ileresanoo or Copdemnation proceeds are not eufficiaat to or teataoe the Ytaparty, Bot wet to not rellped of Bomwer's obirgatlon for the completion of suede repair or restotatia, Form 3039 tiol f Leader or its agent ttmy matte rruAk echim apou end inspections of** "eq. If it has rtalo0tlble cause, Lender MY bVect &d 'odor of &a imptoveatanb on the pnep&w. I.aadec ftU give BotsVM mica at the time of or prior to such an bbericr bVtCti= gw*ing such toagcasbla Wlte. & Borrower's bona A,pOkatift Bormwer dwU be in dedak K during tba Low apron pceoaa, Borrower or lwy pawn at aMes left at Ba dbectian of BOUVWer of whir Boaowor's knowledge or couMT AM mateiW bb&s m Of idaoomaie inforaaltioa or StM=aals 10 taWa (or fdM to prodda L dar Vft matelot idoongko iR 660tsM600 WA the Loco, Mood tcpreaenbldw iaahld0, but arc ad limhad to, repro onkliom eonewidag Borrower's occupat cy of so property as Boacwer's pdnow resideaea. 9. pretm on of LagWs Interact k the Pnpts'ty cad Righb "er tuts Security IftfivowaL If (a) Dowww fails bo pecpOrna the eavarants aid Mpewe <s combined in Us Roomy a84 (b) 6= is a 100 am raisin Y t!i'ect Laader's interest in to proper soft dpbs uu *.93b Becaft lurtru meat (tomb =.& p e adieg m bodmtplcy, probak for condaPoolli s or foddbzw. fa aafecossMM of a lbrn WA my sftk priority over this Loeuoonart at to m6 m htwa or nqula bwi or (c) Bonawcr lug aboudwed des Pa wortySunift , then Laadet may do gnd pay fbr whslam is usable rAptlete w ptaw ms's inmost in rho Property and AgW order rho Sacarity probeodgg and/or "nod ig the value of tie: propaay, cad owning =Nor iepabing rho prapmiy. IAnWa wdm can include but ore not BMW t?'. aQ1 eeotuad "a 1i wiriah his oar dds S_ gap®it1?ashugrva? ?(t?) .. , , , uut r1t?, a' tale property Waring lk ao]? ti'• . 'andlotrf?i4itedt? m;: ? i? 'b. `.y ?• seaa?g iwwos' Ywi ii no, d isiberl io, G41; d d1'Ei ;ww,*m Harare tom, &Inlip locks, or board up donut stud windows. drain water from pipes, dinriaebs budft or odw eon vmiabi or anverit conditions, and have umit a fi&ed wi or 9N. 'Although f may take action lutdoi UiSl ectwn 9, Ltiador dote not lavo in do so and is not t any duty at obUgatkm to do io. It is gored 9u# Lando; incurs stn iiefty for wt t any,or all octiaa o KAOrlZsd undtr this Sedioa 9. ?, ? • ?. ? • Any stn UM dist?tissed * E ds dw War dds Seodon'9 dull `became' ¦Maoaal debt of Bam>laar sectued by ddd S baen?tnocat. Then asaewrtr bar hrtcr!?et et the Note rata Smm fire dais of dCisllutgem.wt std, yba11 be payible. w ?• upou pntica liotu Letldar to Boiztrrrerpeetiirgpaym Itokis geciv* Inr cent 4 on a leasal 4. -Boaowor Aw cor)ly with RU the provistow of the kase., ff Boaoiw aegaita fee title to the Prapcrty, die laa:ebold and rise foo titto shall not Mergo unless Lmpde[ agrees fQ the tntaY.rrr in writing. 19. llfwij age buinum if I,?atdel z%uhpd More b or!wo, as a oortditiau of tnslong the I.osn. HorMwi+r:be11 py thcpcmatdunu taquittid to'titslaiiin the Mo4sge Msat+wce 1n o8'eot. If, for pay vow, the Idottg? 7tis?anas oervt:sge Ytulai<ad ?y -Lt6drsr eaatr tp U r,..V406 final the ,• ?. ?? , ?urat?ce, ..., • ' er vra iet?ticed,w puarritiaity? lildd arch moOage i Uiat palm ? tY desigaeted PaYmeata t° tlic prlspdmtle lvc Mortgage uoe; •Aa owcr ahill",p=X 16 Fenn3039 Vol p4849otla •, laldstu ?7-' i rcqdtod to obtak coverage subdmtidty equivateat to the MW4W Inat== pnxtonsly to effect, at a ow sabstantAy updvalud to the out to Boaower of the MOM Itsumnoe pe+evloosly in affaek !host an allouSte mortSaF lamer seleded by Leader. If v4staotialty egtdtaleat Mortge run um covsago is not availaW Bonwm"cotrti= to pay to Leader ft amooat of &a separately debeated pqmcub drat were due when tbo hwor oce esvemp ccued to be to effect. Y.addar w!q asap; use and totuba dress payment@ as a naa-=AwdMc kw reserve in kas of lion O lmsumam Such Ion teswye shalt be n bie, mtwidutas ft the fact dint the Lose is uttima * pedd 3a tip, and LcK%t ttkmH not be rnqubxd to pay Bormwat any iateeest or eaminp at such loss nouve. Leaflet can so ioaga rogdw lon reasorvo psymtan ifMortpp Insaranoe ravage On. dw amoaot sad hr *w pedod that Leader im"ha) provided by an iaaerer selected by Lander again baton= available, is cWtood, and Lender toques saparamly dasiguated paymmb coward to promo u fair M ftW Iuuwmw e. If r aadar negvued blurtpc Iasussaa as a coodhfou of making Bee ran andBonowerwas wq4W In mdw sapat&Wy deakatodpaymaob toward to p udiuemt for Mme b?saeanco, Hearewet shall pay rite petufams mpked to maktain Mot%ase bnstamm in efliect, atr to prVvide a sto04ol!dO dsble lone >:esatve, WA LtmWa Yoepdimtaot far Maw IOS MOM an& m w= dwos wilt any Melon ogaeemart bdweest Boarowar and Lendta proving far so& todadoa or affid te[miebtdon is rdquited by Appfiable Law. Nolhfng In Aria Section 10 afYbou Banowees obNpdm to pay iriamt at Oc raft provldad in to Note Modpge Ytmsuce raimbmaas Loadw (or any tatA4 that pwvbases tha Note) for oeatsln ]oases it miry lacer if Borrower does Act taisay the Loan as agt?sed.. H4Rm`xgr is not a party m dig Masagitge Iaaarauot. hdedp8e iaaicats evatow didt total risk an alt such iasunwe In force from tlmea-to mama, and may ea6er lobo tents wOh other patch 16at share or mo ft 6* dA.. cr reduce losses. Thee apeea- am oat terse and condidoas Omi are sat wtoty to theca m d . timer, wA the other pactZ (or parch) to tlweeo agreettaa<tb. 'These agreearlii i eatti may rmquiras the iotwtgaRa iamter to Mike pa?yaotsea w"g sky sotacs of itrnds that the mottgags insurer naay have availablc (w & may . ?nchlde i, of kolla me liese aaeQ cots, ?endar;'aayput,aebi of ihb Noie, ;aaothec ltiserittt, aqy reimatac..i y oi3lar gniity, air eel! afItliaio elf iuty citric faro'ping,.rimY xecdva tdi?s*.Or ituW?tily) sma?ists thiat deslYee &asn Eor m?hc be okiaq eel ve) a po?tba of Horrowwetc'd paynogs for Mortlpgs loae>?oe, ww* buge,-for iliadag or mddi the mai?y?a itt SW$ list, of nduaiag loans. 8" astaemeat provides that aai af5liew of L et t mi'a dune of the iasaat+a!'4 d* in teaaad "captive tAataie. te>< a iLare ot` the Odk" paid di ih row. of Ogemont is A. M1~ .+; '«lii uut'ie aiiro?lb ttiia alp 't; N agreed to:isy fed Ms?rlg,.p 1?0?:i ., .' •1:•S .t:aS 1:1-mot. :' .hl?, , ?t ` t? f?,a iyann w .rdl orVe:1`ore nrtgsLro ?nsarance; lad they, ir(U uit a Hoiirower to say rate=d. (bj Agj loch ii?reeuiarip wf4! iwt At et W! KChti Borrower has - it sap - with taped to the Moirt?aQe Ynwrrat et wader Ehe Homaowaer= Proteet?os'" of 1998 or any other law. These hp 10 of to FOM j Jn{tkiq I, dil6ts may invade the rt* to readvq artsin disdosarer, to raquwt and obtain eaucdlMion of the Mer4W lownee, to bavs the AtiralWgs Itrsmaaee twmhmtad aobsandaify, ant* to reed" a, refund of say MortPa Yas M40 Pr8Mlww that ewe UMW SW at the 2M of sulk eanedladou or teraoissuoa. 11. Anst t of Mkoe4 mum PmceWq Forildtam AN Miscellaneous Prooeeds we 1wft awned to and "be paid 10 T mdw If the Pmpexty ? dmtiagsd, "* MbOdlsneons Praoeads shall be apgod to reMtontim or tRwir of the Ptaper% N Brc rateraUM or nf* 1s WD=Mb iy tulle ad Lender's security is act lessowd. DU*4 WA znpoir and mftxdm period, Leader tltsR We the d& to hold loch MkOODMts Proceeds " Lmior has bad an oppora3u4 to Y qwd each Plcvpetiy to etwrce the Work has been ComPlated to Laudssfs satldiolloaf psovidod that fWA, bVeetion"be utidd Wan lxMWdY• -Leadrlr MY NJ At der =Pdft sad motion bl a sbtgfe di*=Md ant a In a seder of PFWM 1A7= erg 66 *V& Is. Qaaydobed. Unim au ogmatuml it made. JR W t g at Applicable 14m mg *w it kmn to be paid en latch Mood amw Psoccods, La11da shall ant be regahed to My Borio w any is I , I or earnings ott w& Mio dlawAV Pscosade. If the redot8tioa or repair is sot e Wy foeabb or LaarWs sacndty s wN be kuened, the Mwells>re M Pooeeds ftl( be applied to the m= segued by this Sww* b twun% wbwiw or not then duo wi& the exoep, if 8119, paid to 90aower. Snap lYingdhoeoos Piloceeds shop be applied in the otdu provided for in Section 2. ,?,????yy?bn the event of. bout Qll In dcatrnctrioa, or?lops ,,in Urit va?ltee of the Pte, ibe I?isoellwuot?s ricer shall. b0 applied to sat a '_T'?"+ by >ilis Vii; y' iInltrumen, t, ODbObltCr at dotAw. duO, Wlth-tlte exesf tf any, pltf 1Q Holtoavet. Ii lire event .of i pattiet taidag.1i0i0faotion, or loss in valuo or d w pmpnv in which *0 fair mstlcet value of`,Nie ty jm°.df?tel?r baf°r° t6q p .k 'on, or loos in vdav is C.gwe to , -?; of 4i" seoniei ` this Sodtuity kskoii lit inimadutefy P! 8.. , Ot 1016:Za valet, Urole:s Bt*owet an4 i emder odmrwiw >Ajgrpe itL wtithtg, the sacs womd try; dlie ly' 103hua d shall be redQd by the amewt of the MatcdlAUeous P[oca°d'?QNa{I,by the.flabrvhlg reat?oa: a)16s?tpgll 4momt of t>lestmv.aecwed h ldy he a the f d4 ; or loaa iii wlae 6?r1(ii); '°' Air MOW y!hm Of the P" }7.b lop. tbo . „ ,15? doslntRR, svaigo, Atop! b?tuice sba?l I i i t h e e f t a t s i d ? , d t o n , t x , ? a a ° b ? v i l l a s Of therupetty L V I wbloli tbo fair tttaikeE vitro of t M k1w yy 4W before the psrfiiEl faicirig, &Mfoodop, or loaf fn verse If has than the apgotaw of the arena simd, i y iy Wm the putial a)ciizt8. desiz on? or loo in Value, Bonvwer and l gilder owl w epee in wNit% *0 UlOW Pro=* shall be fb ?c sFourod by. I h*vwwtw or net the Vans errs than &w* it> the Property is abandoned by Hont?wcr, ai iff?noM by Leaflet to Bgtrower that the OMosg Party (a da&W in tito next sootmoe) offm to make aA award to settle a claim for damages, I30rrOWK fails ft revM4,t0 TAR* %iihbl 30 days aft ft data dw notice is glvea. Udder is wd.orlud fa wneot end apply liter MiaocMaeotu Pmceods claw to restoration or repair of tits Pip 11 aTl8 Bona e>s: MRS, '-dood-7-23*1" 7k Propedy or to die sums semmd by dds Somtky Liebtanent, wham or not dm eitta "Oppa Party" mom the trend Paw mat owls Demmer Miucamsaotn peoceedis or the party agnmw whom Banow ba a ftht of sera is rued to Mmoduam Proceeds. Bortom abalf be in 6" if a w w6a or proccoAhA , wises civil or miivis4 is begna d:sut, bt Larder's cauld renk in foddbw of the Pmpaq+ at odw mderiai meat at Laudies intaeas< in &0 Property or d*ft under Oh Security rant Mmt Borraneot an cum ittdt a de 'and, N aaxlumflon ba' oc ,'rartntate as provided in Sadioo 19, by P.saft rho sow or pwoeoug to be dbmimd wbh a ealid8 that, is Imilk's j3d , pmWes f of tht Ptoperq or other a?tuteriai impdssatent of Lvodc eA kmed in the Property or rWo undt>t Ibis Seemly bmhunwaL Tba pmoceetls of any award or elam for damages mat as at<ibntabie to the InVahmeut of i`.endW%jntscoat in the Property we hereby aWaned find shay be paid to Leader. All MiaeQaneM Proceeds tint are not appUed to :mitooft or repair of for Property thrall be applisdin tto oderp wA&d twill 9ocdoo 2 12. Aaarferom NotXtoleaaed; Fekbaarma Ay Leader Not a.Walvar. ftisodon of to bade fbr pay% tt ag motion of station of the sums encored by ebis Sooudly lasttument grad by Lender to Honosaer err any 5ncaee W bt YtUewd of Bonower "a not operote 10 Ieieaae dw Wow of Bartowac at my Ehmeseors in invert d Bomwm Lww shall Amt be ngTeiteef to ceu o proasedisBs mph= mw $aeoesaer in t mmrt Of Bona" or to reface to extend tiros far payment at ogterwise modify *modh adon of t o mm secured by Gh Swvdty Imuum7edt by vemon of any, demmd made by die on to d Bo-mwtr or muy Sucemon in raomW of BorYaRrat'. Any "Afibg gglr'{f& of ialiidbg., wi4Louc litnttatioon, J+atiilet?a 66 66 "th?rii is6?ei'Op;trxdiaori lit Iiiis+?eat'of Bbittoaer c? in --•• ' ,bitonreg lqa i o6tib > i 'one'' t>>ir diva of?skpc? MU t4e.t xasiae of mll or IL Joint wid $ev* i Lin ty; Ci iiei'ti .Srtocaairrs dndAsil?dl B alk,' ji?ohowat coveaate.lean *04 that $exeadJas'ii e>bii tiont ' til iibbsllty itt 'ba joint" 1u * sbyvtaJ. ' IioiiidVeP, eery smiw'r iiho ao•algas abler Security Imitiiinomt fief d aof eiGucif(n i6e, Nate'(i "c, (a) is ` ft 8otat * bownst aaly to morgtsge,.gragt W convoy file eo.sipner's iia" in •t$e' r'otd& seua* &Widieri; '(b)"ta'tidtl' Vy ablimsrd to pigl'tho the P*wty > tbltra * di" a adr'sry' "d W'sx"'" 6iwi stpl i 'v d>5nr•Batowsr aft arse to aottaed.t4oclr, forbear dr ' arty soi6?obe w>b =egnd to dab termer of this 8esenity >?mo?oitkSN'+???itaoatt?eioodroat: -• ? ?-• wooot t0 &C'PMVIOM &806*.. i8e nay $tlO awr in IPe?t?srdt of $otrower who a911meR Bwwwees atfl?a cm under *k Secps ,W Iasauisi nt is vrsit>tig, a Ia is apQaovod by Leader, Ail obtain sA of smoines rigf to aid uo6e?ta nodw tbb'Sccudtlr Iaih a Botrosrm' shaft not be rduwd, fpm aomwoes ob*gms and tiabi7tly hauler dais Security tmtramea odes; Loader agms t6 sa& raiCNe in ?vritbig. 1hd cm niob and apoeminu-of t a Security b*dmmt'ib>tli bind (eircept it llroiriddd iri tots wod beneff thesoccdiaoi's lord iiri?a of Leader. ' iX. •ralr ? '?T $oiiaioec Geafai'ser pett'onoad ig conaectitm aide Boirvwir't ie5udi; ib'r 0 jiarpoae of protcctie Leader°a inteiost'ricesiis bin i'ropesity find rlgtiits 1N8a1a: under this $oox* Inalrameat, inahtdlus, but eat limed to, auotsaW face, property iaapecdcu and rralnatioa feeo. In tcgard m any otlsmr fee,. de sbseaoe 0f anthotity fa min Security t to obarge s span! C. foe to Bo UWW stall 20 the cappWad as a p Mddtba an the abaft of such fat. Lcodw map not cbarga face flint am mcp udy paolnbited by this &om* Iaearmmd oc by Appliosbk rAW. If the Lm it >u*d to a law which ieb mee t ]am duugas, and that law is !(Haley htterpraied ao dot On interest Of otbte• lose cklm coftemd or to be collected its eo a vvilb the Lori O tmod the pormhbed jbui% then: (a) any sash hnn dstrge shall be reduced by the sumat imace ry to MAIM do dmp to aw pad lk* and (h) my same abaady eolloaed im 191attowm which pumined buds wM be nfiW ed b Borrower. Lander may choom to male,. this xufWW by> the. p kdpd umd mdw do no or by maldag it direct payment to Boaaim, If a calimd u& m pe'fnaipal, the ndno*m wa be traded as a partiot Pcapaymastr Without any P d wP (wbWbK er not a dW p h VmVidsd for ostler the Note). Bonames aooeppmee of any saoh et fmW made by diateot JOYMM to. Bole r*a Will emdmta a waiver of any . AM* of action B+arawar edg?thm a? oat ofauah owe, 15. Nauss. All nodose gives by Borrower et Lender is coanoem VIM tbis t3Mmty ln& t=M ttcast be in ennld* Any notice to kM Wer k com"WOa Wlth this Seem* bWj*mtat shall be deemed to have been gar. to Borrower when mstlad by rust clot mail or when acla ft . ddlvacad to Borrower's autim adth+asa if seat by oler moans. Notice to any one BonowoR sba[l caaatit* ttotioa :etp? 7bp no6?ct address shell lie `tir10 44 BGFW.1?19 Alf, o Addisaakss BA"' ' W, l?rapecty. otro+ver Ira! a. sabsdtnta sotiot adds. by notice l0 7.aadeG Bonowrer abail ! LaQlrof Boe?vvar'a of address. If Leader apoaiTiq * pn fvrrepQrtio? $esr+grrq:'t cMw?Be u!' d?6ew, ltac(tiwai absu•ady,:cpart.a cbwga oEsd?cees that zed peueedtas, Tbma may be Daly oDe de`sigoated notlce address under the Sagartty Iashua t at any one thlde., Any notion tq,Laa r abs ba ghrasr by da$vUbe it of by mailing it by tntg class ptpil tb LtirQtr oaoa n m a y,` ! ono " addrimi by eodw Bouotver .linj? > qumemt shall not be ddamed m have been gives ip t ottdtx teat;l ioAially Yepeivod by leader. It.ury.n ica rcga red bl' thk Setaaity lmtnraaogt.is also a<tiqu>? ngitoc cft Law, tic ltcabht,.La?v requ{retttetrt win satisfy Wt ?f i> YID' 16. G*VnVAml'TA*" itri Sui". of Cumbue- 1Lfi hleaw3(y Inatra ea t sttsll bee povae,ed by tbdarat d tea hw of dW j6W m is *" rho Pray i. Wa ft& All tights end ablig't ooe?tsirtad is rids t3etaMty ltg4va?aat ate fq say zggttin?meab and Ibnitatbas of ApplioabiaLaw. ,11PPS !k N A*U y li . *bw ties ps 'hits to agora by camilmat or it Milli be i nk bad a?'o?, +li?•?t be all !g lr , ,.e?+?yt amt by eatNaet. Yit tpe aveottdstltltli _ !lf or else 1(ote. 0oo#1>cb with AppHc?h UW, IIGt c Instiianant or Nob wbkh =be AL in, Md 1A°a 8aa>t14Y °°p ,, .??,. e Y. M.40 n ° ge! ..4?i1;MM rod include corndingiaeut wo;da or Wotds.af tits farafiaiae gapdpt;, (b) word; in the singular ahv}l . ? ? ? pyp,13 of ($ • ' . Horm3lM Uet wan :sewn and include tht: phut sad vice Yong and (c) do word "may" gives sole disoredon witboat'my obligation to taim sv at0m 17. Bormwet''s Capy. Borrower abau be gives one copy of .em Note ad of this 5emmity b5owment it Trasafss• of tie IMoparty or it Beneficial Interest in Bert wer. Al wed ht dds Socdan 15, "lnumst in the Ptnporgr" m>easts a w legal at houdicW ftNesaat 1a the Property, btcht ft but not Hafted b, those banficial iateinsts tumda zed In a band for deed, conu= for deed, iobMwout pion conuatx or me ww agreouw4 lion fart of wbfoh is"vw4fer of tieo by Borrower at a fi trs duo to If su or any pact of As Pwpa ty at any lasatest ba the Pmpctty is sold or tra uhned (or if emzower Is not a tmbxd puma and a bmdkiol b6zest is Bactowet is sold or usaWkz O WNW* Leader's prior wrkwu oomsont r order ninny togoioe bwAo&W* psywmt is #4 of alt stuns weoaed by Stis Seem* to ousted HaMter, dtis option "sot be toteraboul by I.eader d lamb exud" is pmbibbed.by AppU*" ta?w, IfI.eadet eXascioea 9311 Opd0d,143- sbaA giro Boaotvcr aodC* Of arcaleraftoa. MW aedoo t pewvida a period of not tau dm 30 days tt eu the date to soots It given in owdoace wrath 8ee0011, IS yr wWch Aom wet lunar My 111 sums owa red by leis Swa ty b* wmm L IfBance r " to pays throe sums prior to the wq&Itioa of this patiod. wq invoke say rot om" penvitted by M Security 7nsfrumad wkhout !hither notice or dew an $tmrower. 19. Berrowd4t, IBtight to Reinstate Afhr Aetalwatiew If Bonotrar moats cocain aondidi ,•BdaoA itifdTlttt% &W* t$ biva w6&i uetit of ibis 8botifty IttatiuiastiE dboandued at M Neu pdor to'di asigm of; (a) rive dqs before sale of ft -01M-- ?f Ptasmwt $0 any power of ulo toirhiit W U Ns Sacaydty'IUSoramenb (b) Utch o&r period as AppiP'able Lary hrlgbt tpeaify ft ilia 6AMnatimt of Bongwer'i sigbt to xcinua , or(oj e*y of a jada?t ot?oscing this Socucity In twattk 1" adut'difis' ii?o't l kVaanware airj4 `IMd'dc d8Vji {s Which 6A *a rid bo dw tmdar d* Sean 1tyJoixu>isent iiii the l!iata is if nu tuoodetadoa Lad'oehsitetd} (b) txues say dehalt of -Ms ally a@wr covenants ' (O) all expeos!maurterd in ertfa?clag ilda Seothtatlmotyn Instatimmt, ? bait n to. ? " tia1 fees„ prvpatty ' fees, and ot?u Ices itipated for the ? and va propose cc Lmdet'I h im"t in the Prapstty sad zj? under tb4 sicw* LsaiNmeti pa<I (d) tales sane' action as I ;coder iaay y tit* a4wre that Imttet't it> inid: .'tftts' 8?iidty lgsquaoei?' end Boni` *ies oltiiptgow'tsi ! sums N ltai Lacier "f?11? fsuahd0digia? istout&d 'cn? ot?wf? s Obtsoiy : tlhY.?? ' (?) ' ?' bnlsa> , d ? r+iivn ' ail itil(lt?an irP" as? • of ?i Awls dak;*O? ?d v ht1t1 by w Vidal Qaatty, „' Tfp LQFIF? e tt tilt ilaipeity Iasiiuatsat ttiid bbdgttttao tested hs+aby' 1bu mtwla effective as if m coos, bad ogcatznil However, this tiger to tdastaie"ehsll rot apply in the ciao of itcceilotxtioit larder Secdianl?. • - . Form 30]! $A t • P?elaofls .' kkkim r 20. Sak of Mote Chop of Lotto Service , Notice of Grkyame. The Note or a PRSw intm* in dim Moto (top&w wdh tbk Seonsity hmmmw4 tmz be told one or more time vt3tbout prbr aodm m)tortewar A alb #dg'ht resdt in a dhange in ihn U* OMmm as tile' Um Setvieer") that cO&M Patiadic Paymmom dtw trader dta Nate and ft Be=* Iaatmaaeat and perf mx other mor%W ban servicing diti ow trader pta Note, thin y >tubnn mk and Appli " Y.aw. Tiles also asEgbt be ono ar adore t of the Laos 8avioer nrdeb b s sak 0[the Nate. if d mu is a change o! ea: Loan Setvicer, l?axtawar wq(ba grunt ar?itroa mGoe of d+e obattgo wll?icb wfi static the mom and address of the stew Im Serrioor, the W&M to VW* payments sb W be made and mW oetar mtbmmttiou REVA requires in cmmWm with a aolioe offintmfm of servicin& rdw NOW Is mid and d+ mof w the Loan is sortdtrod by n Loam MOVIC r dK dw tide pprdnsw of the Note, lira mortgage loan servicing cb%Wm to Raeotam wM remeia with *a bona Stnvicer or be to m&md to a sommm Low Sarvicor wad arc not mumnd by tui lift pu cl aar unlus Otberwiln ptovidod by the Note ptteobamr. Neither Bormwer nor Leader may comb neace. join, or be joined to any judicial action (as either m individual ltdat or fho u l er of a 4m) @sat lase hosatbe odm patty's sctkm parawt to " Swxfty Iostrttmoat or dat alleges that to ashes patty has bmadod w?y psavisioa of; of any duty owed by mion *A eat Somity Imhumsuy until mob Bummer or Lad w hu notified the abet party (wiet Stroh tinders given tut moplit = wqh eat se"kemenb of Secdon 13) of su h alleged bresah and affarded to other party hereto a n oseoable pedod'afletr Ow givatg of such notice to tdee oatnedve,action. if v,p uq,periail mut..dteps?o atalsin a n con. be hd t, Oik dmaW ivilltte ptit?a?e" psiggnupb., isgdta e`.conlgagap rpd ,b }etae,?e!res, b„ ptfsaiaat to Seeeggt 22 and it rodeo of ac owro iaa t to Bannetr.ptasypmt to 6txtioia 18 ft u ?e.doemiA to shrilly ttsi nadw and oppo tudLy to take oai?siutro.taus?provl09na ortfil S; Cft;.,A• a.._ Vii.. Hagarti of Seb?nc?. M Osod ?a..th?i,Spo 2 s ,'(+) "A4tt?atts. oh m .,uc tboso tt teuoea de#ud as or?l,eztudo?s at orill4l IY twiro tapUtl'7iw tauteacuve tttamntats: to) 2tnvnoA>Qmnt s++w" tttam ate} P, , p1t?l,y> tm 7tsaagom Wo. an Property is boated tba¢ mgxb to btze , a?Lt)? al , prvtot?an; (a) "Savlroomeata[ AMP" • mY. 3 ! teaaed4 >?i agr mmaval aodoa, ns defined in Rawwwmental Lttw='end ??t inatnir ?costdition tfmt'Cut wim. cor?to, or oduertiYile trfg®er.,+!u<Hnvi[onwspfrtl Clamv. Bon" m ti14a11 sot am" or pemtit the pceaeabg, ask dig?osal,,,?tos@egc, or tnlase of su*r %=rdous ftbftirk ar'fhtabm to rc? m ta?y Motdoas tSebdmses, . on or in thc. Property. Borrower sit•1i not do, nor albtY atwo a else tb do, asrdft.WWft dp Pa,itM (a) that is in viohtion of my BRYkat menal Law, (b) *ft eteates an Mvhvim ntal Cmd[dM or (e) wbkk duo to the ptaeudce, star, ar ralaato of aNtzsrdou;,tiatb.tiaoo,:? itto ctmdn Mutt advcrealy dS:cb the vglne of the Prcpett? . I7ra ?rgoading t?!o .eadrroa. s not t t t Ito pceMmco, slag, or swragy on the property of atnall gwttdties of :AeztuNotts Sttb+titticea drat are gmsecslly. tecognit;dd to be rem ! Ual p+ae !5 ohs .. app mpdsio to aomtel tNM=tW urea and to main eOwe of the pwpaty (imctu ft but toot limited to, hmsatdoa sabstaaaa is aaasampcodads)• Bor amw Abell pmuipdy Slue I•atider writtca aotioc of (a) mqy iaventgdian, clams dm=d, lawsuit or odd acdom by say iorommaabl or tVAtotY 990M or Pd't'W Pt+ W bmM6 lim pzVUrtp gad any Bmrdars Sabststae or BnvkgMMbl Lary of VhM 13MMM I= adael lp,UdM (b) may Bnvirommeatal ( , isckft but sot dratted 04 -may qglkL Wilt &doq e, toffin or "d ot'ta km of tmyK=W=SabWuM mad (a) my copdi m amdbythe Ixaia im. ass ar toZ m of a Homo= $Wnbaot't bA mdranely mats die vubo ottbal tapatty. If lomm?, or is nolt5ad by may govel alarasai ar nsVhftY etsdtortty, ac any rttete u% tat my raporal or caw taumdiedm of ay Hasardotts Sdm= dhaft the Ptopestf? to oecesUM Ea mom Aa promptly telte an nsamary rams" wdow iA acaordmroa whit Bnvitommabl Law• No&ft hails" tautr may obV4adott cu Leader for an Bantam aNd Cloanltp Nt]N UNNOW COVBNAM. Borrower and Leader hrdW coaeoaat sad aFft is iiallawa: U. Mists RataWft Leader diA Sirs notice to Borroww prior to aeedertltta? fdkwing Borrower's breads of say eareamat or agrameat is tbb $=a* Yndna pant (bat not prier to mmdera lm tinder Boodon 3$ amass Applied* Lary pro Mw othet*t 4 Loader dad noft Bwsvww *4 among ether thia`a (m) the ddtaahl M tbs actNa rmgairat b cure ba dde t; (o) W%m Ow detsait med be evaili and (d) that fides to care the dafaolt to tPmdAai ,,iuured? 1 :I? fereoleea>na try aim >aS1' rte is aecdm?wioa of tt>sa P icb Borer of the rig4t etppaa at ! err atiiar dmmtist,oi to ?J. ? gat dabaitt d nit enrad ?, ,•.'0C ?. .° 1°°rra,,.rs, y..? : ?, I . , , •1., "1 jT!!?t , 1 Y,`.+""'r ! y i Nl ti{?e pu vqm vgARW. , by, SisoM seoiq Itistritmoltt 1+?; J, , , ?ro? .!e,!?t0 tti ?>FomAeiia pr?•vi id be ;thb $ od:Z . iegion but iiatai'ial is pears firs not, >Fiatkd attarury'm' fm =A epafr of tits aidairi•io a dmk pier dBW by AilA* Iaw. . • , ...-. ,• s ? ? soak ?, '- ?a?ej+fgf' t? nom, .sauce by tbti: SeanitY " " Leader rr a1!'T terms w Kid bd`acaiaa oid, Alba tdt•o , sad tlta, ctmva?red Wig' ° sccordadoacow. Leader aLe1l diisbmtge reel 9i fiMe ?yatrthi . Boaowe ply my may obmttae Harrower a foo.for rolaiogg ids Y IrtauaneaC bat fialY iltbe fa paid to i bird ' patty far services ronderedsad the abets cf ft fee ispaodttedmder Atiplicablo TAw. 24 'Waivers. BoaO}ver, 0 ft.Mtbatpemt Wd by Applic" Lary, waives sad rakma any am or 11420 inks io a fom alas MU4. Itgat ipia ;,` epd becoby WaiY4 tba bm & cf ai a rLpis tar ? stiy of axaaition, of time, at?emptioa front ' '.?..?U"?, °IMAp?< '' ` ' 'b"sa?te'?avldod ?e? set?n l,9 itEuil ptctenif. amtot oddhtg s}a}ie oui'odter aalo tc tiffs ` • lit mt a i1?4ri?' 1o ape boas piioc to the 26. Pgranu mu" MortM& N aay Aar debt teamed by 8w Sr.Og¢ity lm#umaat is tan, a $ovower to acquire We to am ftV= y. t6ie Rowdy b*mowt 9M be a Payee tuoM =artBsg& 27. Lteraet gato After dudvnmt. agora the imam we pa?abte after a that judgment it ealonad on WOM the Nate ar in tar action at t'oroof4Yere nW?ti ba,ha rate payable ffara thtte w time uodmr the Note BY +i0 BBLOW, Bmwwer acaepb agrees to the bow ad covaaante ootuatncd to this srasdtyTaw mmt and in amr Biderombledtry Samm" andmccrded with I w • • ? ',?:''?,---• (sue . ?"B Bmmwer tom) X ALLEN -Borrower (Seel) • •Bagrowot ($4111) -BO['tOWCY . - Dorm 3039 11ot Pi=e 17 aria eooKi723 fACE 77 d0P A ,T addm7ov-c cay,vra 84116 nb tlda oe Q??naaa ttAY ? f Aggatof the COMMO??'`T8 of ? f ? ? befotio ?? ? otnt tent?ats, to dne at i 00 Irr, 1k tod aid s btaa+s AUX pn *1$MEE ? t? ¢??o ° ? tas tie pl tpoW h tm` rya ao we t t a cial sGd. 1?Y C°n?u°is.. r•-t 14* j snd' AaCUIIW i0L tilt 1 1 + ? t: 'i"w < <r•'?;t; `; =;, a' :, - , • ???^ eta , , I ??pocW?onar °? . pora? 3019 x/01 ,, pate 19 oC iB ?idai,:?.+ w 4 EXHIBIT 1W, ALL MAT CERTAIN Piece or pm d of laud, dha tes in the Burogh of New ambada4 Cwnbedond County, PemirAvw*6 bounded end dmwrm d in soomdanee with a smNv and plan *mdmade by Ernest J. WOW. PwfMdoW.Btt , dated J* 3,1967,1as.hRo x, to wit: ; BEM MG at a pout on the soutfiwd side of Barbara Serval (50 feet wide) at the divWing line between Lots Nes.19 and 20 on *e hen er maodoned Plan ofLotol. said point also being 301.56 feet south!ut of the southwestem and of a wave donor 6g: Babom Sheet and $rendt Avenue, thence along the efasesaid elivieliog Una, South 45 &V= 18 wkift l 105 ft to apoint3aline offactNo, 31 on said Plan; thence slang Late 31 and 32, Staudt 44 eieW= 42 mimdes Bast,. 6014 to the dividing flue botwm tots Nos. 19 and 18; dwso4.along said dividing lh*Nm th 45 dgpu 18 mimtw Wask 105 feat to a pouut an the souk aide of Barbara Street; thence along the mm% North 44 dnmw 42 mfimtw Bast, 60 fed to the point and place ofBl OMWG•. I. BEM LotNo.19 ou the Plan of Lots entitled `F'ouvA MV, which plan is rowrded in the t. , Cumberland County Recotdnr'$ ,Offioe 14 1 IDO* 4i %P S4- -:.-L ?i1S?;;' a'•S •jc: A:c:•1 i.' ::1.•':::.i,lfu.1:::'1117.. ?•r. a, .. . ,..':. F1A iG 'i tBO1,'li ? 'A 81?+dw, g8,i>QU> ! 1cnQr?#1 "!No. 710 Barbara Street, New CumbadwA, Peemwylvaoia. TAX.MAP Refhrenoe No. 26-24-0809,100. WPMFA09 r 79 .+ V.A. GUARANTEED LOAN AND ASSUWTION POLICY RIDER NOTICE: THIS ]LOAN IS NOT ASSUMABLE V?ITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. •1[= V.A. GSt MAN"= WAN AND XWUMP=f? POUCY MM is made this 14th doy of Jwfe. "61, and is inoorpocawd into ad tdtttil W deemed to amend sad anWWnmt the Mortgage, Deed of Tmst to Soma boot (mis %comigy hatru neut'7 dared of oven date havwidh, givam by *it nadea%W ("BonvweMto sew Boaawer'a Nato to PIWAYtY PSAWDENTUL MORTGAGE INC. (herein and covc4lk the P[tipwty diiwiil*d in the 9ectalty.Tastivindnt and IwAted•at: 710AARSARASTRUT,NRW CUIltBSRLAND, MvAm> A 17rm V.A. C31 AlRAMM PDAp ZpV1gTt4N1T: ;,Is addit(ou toAo ooyeca>ib and agmsememtbE m8de • in. the.•secority: hwutpat, 80is+awN 4adT.inodat Aw&a: aoradadt tmd sic a• ! , if die mdebtadAes- rein basdty;bit 8aa alped,or is hapdt r 714 3,8, Uatelstes'ntos• Codo,, such Ode and may, ,; I-A #hetattndar:ashd is etfeot ott dw Gape lrmiof aholl gait= dw ngbb. d wk d ind tii4bs7 oir$aaowA; `=d Lower. flay of the Swai* rnsunwast at other inshuount executed in coaaeotion with said iadehtednom wbtoh no iuconsissaot with said Me or RiegiMioi; boltldiog but nos 14niped uk the pro 'vision for payment of any sans in oaanoction with the payn" of the wmad 7adeis seas and the psm?ieioa that the radar may accalerata payment of the secured imdd tadneas pumast to Covsmast t7 of the _ Sec?uity iam>r?atsent, Oro baraby amended ar neOated b rho extent neeeassry m cooftam sndt iusbhsrttsaht b said 11t1e nr t3egnbdiau. Y,ATs <0il1tGEE At I:e?ot'? oQmn,,i1 , oimAler q??l,payy t"late F6ecgo"shot O ng Four par cm4u t.4.01SG 4f ttie.m?a?dne paysnest w1eii.pai4 mote 11ien,. M. ! ,D._dgya ilter'16 o duo .tperecf to goyor.ttu0 GCtra a*" involved is landing . dalhquoit MY? Dist sack "late charge° ibi not tie par out the prooesds of any Mda made to sod* tba bdehtsdaeu scand bereby, aaloos"proceeds arc tp i4 to. disohtrga tho entire "btsedaess.snd Ott proper costa sad as'I secured hmby. GUA18AM: should dit Depultacut ofvatorons At= fall or tern's to inuo ib guasaty in hill amount within 60 days ham tha data that tnta ban vwnld becmp a 'for, h ° • b'i: tfrti loo +arp0et of Vow Affil" Under Oro pmt+isiotts of T*a 31 of tlre' " " eterani 1", llre , , ••' to nny dome g`ho iadebteducsa hey aadared at at4ce duo and payable and may f ncloss immediately or my oxerah a W other x4hb hamunder or talce tiny other tnopor NOoss as by law prodded- ., . .. ?. • ' • ' : • _ .. . .... ?;... .. .. TY= N''l?is' loin Q p , ?!Y aaeeogiar due.?dyabk apoq.txausfer of,ghe property _ • _ ?•. aeaalag inch ban to .ul?, trao a'tat?leas +f agceptaM'?hty oi!i6c assonrpHon of .the rein is establ(slied putt to $ea4R 3714 of Chapta 37, Tft 38, United States " Au autho&ed tn?ni&r ("ass sgstiaa'? of the pmopc ty shuD flab lie aptijpct to addlt anpl,c4vc is end'%"om, iz ss iat for3h below . (y A?iJ9t1P'1'ION Ft11?D?i4''lt • 7A ?fac egaAl to o?afitilf of i pennmf (.St)S6)• of t1? b'slances •of this Ioin as of ibe'date of tuft of th¢ popeq 04 be payable at tie *a of hansf r to the loan holder or its suthotbod age w gtatee for The Dcpartriheiot af''Vetttain %1$siis. I@?a astluiaq.#tba' ?o pay this fee' a3 ttie' titais'of tniris[er; tlVe fa shall conaiitu04'ett additions) deaf to t6t'already ieCUied liy this "m?isnreat,'a>idll lieu' isitseSst' et the wte bbi+da provided, ,ate. the .plies of tba payee of tlhe Page 1 oft pagattirrt ?OalTt?.`t?Ml? . !?Q fitdei>a?s heuebp seemed or amsy tcaaeferea thaeoi; shall bo iamaodialely due smtd payable. This fee is aubomaticaliy oraived if the asses is exempt mtdef to pmvisians of 38 U.S.C. 3729(o). (b) ASSUAnrMif MC8S9EKG CHAT Zs Upon )cation fan appnovat m allow assumption of this loan. e ptocessiog fat saki be chased by Sc loan Try or its ao&wud &Sent for detettni t the cw&tworthhm of the mutner add sybwqueatly WVkiag the belde ft aft altgs cp;ords whin an approved ttausfar is rov&trA Ill amount of d& chug AaQ not cxceed the n=tmttm established by the Department of Veterans Affairs for a loan to which Section 3714 of Chapter 37, Title 38, Untied 3iatp Code applies. (c) ASSUMMO1N IQNDFM>wi1TY IJABQ Mt Yf M oW%adou is uu=t , then the assumar liwby agree to mums aU of the abS$atione of the vets an under lira teems of *a kaku menis eaeatrag and tecaeing the loam The UM M f tuba agrees to indemnW the DePatnuft of Veterans Mize to the extent of any olaim payment arising from. the guaranty or laearatax of the indOMedaess created by this tMMM"t i1Q'ViT!' m wIE.1hEno);r, Boaawer(s) has execatied this V,A, Cams eed Emn and Aawwtioa Policy Rider. ? C?QX-•--_ - (Seal) ? . (Scat) CNA MA 9aawer R -Hacrowet. ' . ?' .. ?. .iii li, l?'?,T?__-?'1.• rl •1 }:. . ?• .'..! ? ?Wef • ? i ?; /;i ''' .%11tG=.L ?' , i? III. .s.p .:dl NI r•..•L•.. ,'. q.rl? I.? . .. I Page 2 of 2 paOMI, ? Certify this to bo recordod in Cumberland County PEA Recorder of Deeds Date: ?,?\ ,? Charles B. Allen (Real Owner & Mortgagor) 710 Barbara Street New Cumberland, PA 17070 7 007 2680 0000 0150 9492 ------------ ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the leader intends to foreclose. 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 save your home. This notice explains how the program works. Take this Notice with you when you meet with the Counseling Aaency. 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 caul the Pennsylvania Housine Finance Agency toll free at 1-800-342-2397. (persons with impaired hearing can call (717) 7.80-1869). 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 INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. E?a??b?1,??M HOMEOWNER'S NAME(S): Charles B. Allen (Real Owner & Mortgagor) and Julie K. Allen (Mortgagor) PROPERTY ADDRESS: 710 Barbara Street, New Cumberland, PA 17070 LOAN ACCT. NO.: 9000227045 ORIGINAL LENDER: Mortgage Electronic Registration Systems, Inc., as nominee for Primary Residential Mortgage, Inc. CURRENT LENDER/SERVICER: Everhome Mortgage Company F/K/A Alliance Mortgage Company LAW FIRM FILE NO.: 08-033353 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM MORTGAGE, PAYMENTS IF YOU COMPLY WITH THE PROVISION OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOU 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 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 have for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have fled bankruptcy, you can still a l for Emergency Mortgage Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT Bring it up to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 710 Barbara Street, New Cumberland, PA 17070 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: March 1, 2008 to August 1, 2008 @ 902.82 = $5,416.92 Other charges (explain/itemize): Late Charges: March 16, 2008 to July 16, 2008 @ 35.89 = 179.45 Inspection Fees: _ $30.00 TOTAL AMOUNT PAST DUE: = $5,626.37 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not a licable : HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $5,626.37, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check certified check or money order made payable and sent to: Everhome Mortgage Company F/K/A Alliance Mortgage Company c/o Shapiro & DeNardo, LLC 3600 Horizon Drive, Ste. 150 King of Prussia, PA 19406 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) 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 mortgadproperty. 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 creditor 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) DAY 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 pa gg 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. 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. If money is due, such payment must be in cash, cashier's check, certified check or money order made payable to the lender at the address set forth above. HOW TO CONTACT THE LENDER: Name of Lender: C/O The Law Firm of Shapiro and Shapiro & DeNardo, LLC Address: 3600 Horizon Drive, Suite 150, King of Prussia, PA 19406 Phone number: (610) 278-6800 Fax number: (610) 278-9980 Contact person: Ilana Zion, Esquire 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 X may or _ may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, 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 INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (Fill in a list of all Counseling Agencies listed in Appendix C, FOR THE COUNTY in which the property is located, using additional pages if necessary). HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captial Region: 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 Date: \ ? C?6- Julie K. Allen (Mortgagor) 710 Barbara Street New Cumberland, PA 17070 7007 2680 0000 0150 9508 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on vour home is in default, and the lender intends to foreclose. 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 save your home. This notice explains how the program works. 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. 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 INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Charles B. Allen (Real Owner & Mortgagor) and Julie K. Allen (Mortgagor) PROPERTY ADDRESS: 710 Barbara Street, New Cumberland, PA 17070 LOAN ACCT. NO.: 9000227045 ORIGINAL LENDER: Mortgage Electronic Registration Systems, Inc., as nominee for Primary Residential Mortgage, Inc. CURRENT LENDER/SERVICER: Everhome Mortgage Company F/K/A Alliance Mortgage Company LAW FIRM FILE NO.: 08-033353 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE IF YOU COMPLY WITH THE PROVISION OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOU 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 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. TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. 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 have for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. -You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. f you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT Bring it an to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 710 Barbara Street, New Cumberland, PA 17070 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: March 1, 2008 to August 1, 2008 @ 902.82 = $5,416.92 Other charges (explain/itemize): Late Charges: March 16, 2008 to July 16, 2008 @ 35.89 = 179.45 Inspection Fees: _ $30.00 TOTAL AMOUNT PAST DUE: $5,626.37 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not licable : HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $5,626.37, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Everhome Mortgage Company F/K/A Alliance Mortgage Company c/o Shapiro & DeNardo, LLC 3600 Horizon Drive,.Ste.150 King of Prussia, PA 19406 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) 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 creditor 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) DAY period, you will not be required to nay attornev'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 pang the total amount then east due Rlus 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. 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. If money is due, such payment must be in cash, cashier's check, certified check or money order made payable to the lender at the address set forth above. HOW TO CONTACT THE LENDER: Name of Lender: C/O The Law Firm of Shapiro and Shapiro & DeNardo, LLC Address: 3600 Horizon Drive, Suite 150, King of Prussia, PA 19406 Phone number: (610) 278-6800 Fax number: (610) 278-9980 Contact person: Ilana Zion, Esquire 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 X may or _ may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees. and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, 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 INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (Fill in a list of all Counseling Agencies listed in Appendix C, FOR THE COUNTY in which the property is located, using additional pages if necessary). A HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 I V Knn i? W 7 O 7 W I ? I UU f COOu y1J1.-u s ?o C ?p V-T 7007 2680 0000 01513 5088 C pZ? V ,5 2 p ,_ Ha N CO 0 p- o Y ?. O 0 d H Q+ a,v ? AA++ Oo O CD b 0 R° :03- CL Q ? 9 N ? N p0 o r N o n w ?n a` o.. w m I n J o 00000 > (IQ oooa N ? O O O 2 ?T^ L^ ? 7 O ? m X W ? N $ O 7p?g$N? C) ?. a w ?pjm ao .V?FO M A ON 614 com 0. ?aY C) Cc 00 A `R n tD Nfv K?, m rn j/ Co r T Fuwo a 4( EverBank v. Charles B. Allen and Julie K. Allen VERIFICATION The undersigned is Kellie Robling of Everhome Mortgage Company F/K/A Alliance Mortgage Company on behalf of EverBank and as such is familiar with the records of said corporation, and being authorized to make this verification on behalf of Plaintiff an officer of the corporation and being authorized to make this verification on behalf of Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Everhome Mortgage Company F/K/A Alliance Mortgage Company on behalf of EverBank Date: Name: KELLIE F Title: Vice Pr Company: EYE Loan: 9000227045 08-033353 Y i' p t r'.> O OD VVV r ,o y I . 116 CASE NO: 2008-05499 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EVERBANK VS ALLEN CHARLES B ET AL TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ALLEN CHARLES B the DEFENDANT , at 1059:00 HOURS, on the 19th day of September, 2008 at 710 BARBARA STREET NEW CUMBERLAND, PA 17070 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 ? Service 17.00 Affidavit .00 Surcharge 10.00 R. Thomas Kline 00 !v'o?10? 9, ? 45.00 09/22/2008 SHAPIRO & DENARDO ?` , Sworn and Subscibed to By: before me this day Dep ty Sher' f of A.D. F 446 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-05499 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND EVERBANK VS ALLEN CHARLES B ET AL 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 ALLEN JULIE K but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT , ALLEN JULIE K 710 BARBARA STREET NEW CUMBERLAND, PA 17070 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 f b1U7/a 8 ?/ 21.00 So answers------ RR. Th6nTas Kline Sheriff of Cumberland County SHAPIRO & DENARDO 09/22/2008 Sworn and Subscribed to before me this day of A. D. NOT FOUND , as to 4 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-05499 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND EVERBANK VS ALLEN CHARLES B ET AL 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 OCCUPANT but was unable to locate Him in his bailiwick COMPLAINT - MORT FORE , He therefore returns the the within named DEFENDANT , OCCUPANT NOT FOUND , as to 710 BARBARA ST NEW CUMBERLAND, PA 17070 THERE ARE NO OTHER OCCUPANTS. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 lb1UF?0 P ? .00 21.00 So answers: R. Thomas Kline Sheriff of Cumberland County SHAPIRO & DENARDO 09/22/2008 Sworn and Subscribed to before me this day of A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-05499 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EVERBANK VS ALLEN CHARLES B ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: ALLEN JULIE K but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On October 24th , 2008 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answer Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep York County 72.73 Sheriff of Cumberland County Postage 3.89 113.62 ? iqa kjoi ?.10/24/2008 SHAPIRO & DENARDO Sworn and subscribe to before me this day of A. D. .4 _. GOIJNTY OF YORK OFFICE?OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 `• r SERVICE CALL (717) 771-9601 SHERIFF SERVICE MTRUCT'JOM PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEAM TYK OWY LM 1 THRU 12 DO NOT DETAM ANY COMS 1 PLAINTIFF/S/ 2. COURT NUMBER EverBank 08-5499 civil 4. TYI.E OF WRIT OR otice and CCCfTlplalllgICA, NOTICE 3. DEFENDANT/S/ N Charles B. Allen et al in Mortgage Foreclosure SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED. OR SOLD Julie K. Allen 6. ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO.. CITY, BORO, TWP.. STATE AND ZIP CODE) AT 71j"t Park Dillsburg. PA 17019 7. INDICATE SERVICE: O PERSONAL O PERSON IN CHARGE XDEPUTIZE ? T. 1 ? 1ST CLASS MAIL O POSTED ? OTHER NOW October 2 20 88 1, SHERIFF OF COUN P do hereby dep t' e the sheriff of York COUNTY to exec etur f according to law. This deputization being made at the request and risk of the plaintiff.,,, .,.-, - .* 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVIC6UT OF CO. ADV FEE PAID BY CUMBERLAND CO SHERIFF Please mail return of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within wnt may leave same without a watcMnan, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss. destruction, or removal of any property before shehfrs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURCHRI ST PER A . DENARDO, fdS'U6EPHONE NUMBER 11. DATE FILED 3600 HORIZON DR., STE 150, king of prussia, pa 19406 1610-278-6800 9-17-2008 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be Completed if notice is to be mailed). CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHINIFF - 00 NOT W? lTE .OWN UK 13. 1 admowledge receipt of the writ 14. DATE RECEIVED 15. ExpiratioNHearing Date or complaint as indicated above. MJ MCG I LL YC SO 110-3-2008 ,i r1-,< 7-n f} 16. HOW SERVED: PERSONAL( ) RESIDENCE ( ) POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. O I hereby mbly and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. ?M% IN (DUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. te ice 2 Time of Service Ra6cRt' ?. SCR3C f?sbr?ad b q to-sr 21. ATTEMPTS Mika Int. Date Time Miles Int. Date Time Miles Int. Date Tww Miles Int. Gale Time ile Int. Date Time Miles Int. 22. 23. Advance Costs 24. Service Costs 25 N/F 26. Mileage 27. P Posts 28. 228. Sub ToW 29. Pound 30. Notary 31. Surchg. 32. Tot. Costs 33 Costs Due Check No $100.00 1 1 4A - L4 p 3 15 :! L<l .no 7 . ?3it`u 34. ForNpn County Comb 35. Advance Costs W. Service Costs 37, Notary Cert. 38. Mileage/PoslaWdNot Found 39. Total Costs 40. Costs Due or Refund 80 ANSWERS 41. AFFHBilEO and subscribed to befo& me this Cf)=bNll A 44. Signature of ? LL ¢ 4 ? fJ 42, day Dep. Sheriff ?.. L t 0 NOTARIAL SEAL 46. Signature of York • 47 OA E LISA L. BOWMAN, NOTARY PUBLIC County Sheriff CITY OF YORK YORK COUNTY RICHARD P. E E SH FF 10-17-2008 MY COMMISSION EXPIRES AUG. 12, 2009 48. Signature of Foreign 49 DATE County Sheriff 50. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE I 31. UAI It Ktk,tlvtU OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. V441TE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Orrice 4. BLUE - Sheriff's Office ?7 r Vd "0J. 0-TA1303 J'4'.: Jk . S C ?A YT VV !?, t uS . S. r . } w a =y .. _ ' 71 ?K ., "' "•' ? II SERVICE CALL (717) 771-9601 At- NTY OF YORK OFFICE. THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SHER14 SERVICE WSTRUCTIONS PROCESS RECEIPT andAFFIDAVIT OF RETURN PLEASE TYPE ONLY LM 1 THRU 12 DO NOT DETACH ANY COPES PLAINTVIS/ 2. COURT NUMBER' a EverBank 08-5499 civil DEFENDANT/S/ p OF WRIT O OMP N I C A, NOTICE Charles B. Allen et al Walice and ? arq? aTh in Mortgage Foreclosure SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Julie K. Allen 6. ADO ESS (STREET OR RFO WITH BOX NUMBER. APT NO., CITY, BORO. TWP. STATE AND ZIP CODE) A Park Dillsburg, PA 17019 7. INDICATE SERVICE- D PERSONAL O PERSON IN CHARGE ADEPUTIZE D 1 ST CLASS MAIL D POSTED NOiM UCtODer z , 20 uo [,SHERIFF OF ?COU - P ?.. Yor COUNTY tc.eXecut to. ?- . This dep6tization being made at t e r4quest na eisk'of the plain if, , SHO 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICMT OF CO. ADV FEE,PAID BY CUMBERLAND CO SHERIFF;' 4 Please mail return of service to Cumberland County Sheriff. ¦ hereby Thank you. D OTHER sltikff of NOTE:. ONLY APPLICABLE ON WRIT OF EXECUTION: N.B: WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff Tor any loss, destruction, or removal of any property before shentrs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY /ORIGINATOR and SIGNATt) A. UENAR , itd.WbEPHONE NUMBER 11. DATE FILED 3,600 HORIZON DR., STE 1,50, king of Prussia, pa 19406 610-278-6800 9-17-2008 12. SEND NOTICE OF SERVICE COFLY-TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) - CUMBERLAND CO SHERIFF -.101 SPACE 13EL.OW FOR YSE OF THE SIFT = 13. 1 acknowllQge receipt of the writ or complaint as indicated above. MJ MCG I LL Yt4gQ 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE IT D I hereby certify and return a NOT FOUND because 1 am unable to locate the individual, comp 8. TI E IN =DUAL D / LI T ADDRESS HERE IF NOT SHOWN ABOVE Rabe(It . ?eiZSc 21. ATTEMPTS Miles Int. Date Time Miles Int. Date Time Miles Int. 22. REMARKS :j 14. DATE RECEIVED 15. Expiration/Hearing Date 10-3-2009 110-17-08 SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW any, etc. named above. (See remarks below.) (Reta onship to Defendant) 19. Ole 20 Time of $e rNice /h4 iusbf-(N 4' 9 . T 60 Date Time Miles Int. Date Time ilea Int. I Date Time Miles Int 23. Advance Costs 24. Service Costs 25. NIF 26. Mileage 27. Postage 28. Sub Total 29. Pound 30 Notary 31. Surchg. 32. Tot. Costs 33 Costs Due orAekind Check No $100.00 1 `x•73 'z3 6, ®C? 23t? . U. Foreign County Costs 35. Advance Costs 36. Service Costs 37. Notary Cert: 38. Mileage/Postage/Not Found y 3Costs 40. Costs Due or Refund 1. 41. AFFIRMED and subscribed to bef me this Altj:i 401 t St 44. Signature of ASO ANSWERS iS 4 A 1 t Or?Yl 42, day - l l Dep. Sheriff ( y 05 NOTARIALSEAL 46. Signature of York CounySherin . 47. DATE LISA L. BOWMAN, NOTARY PUBLIC ? CITY OF YORK YORK COUNTY R IERIFF R R 1017 - 008 - , My COMMISSION EXPIRES AUG 12 2009 48. Signature of Foreign 49 DATE . , County Sheriff OU. 1 AUKNL WtUGit KtUtir I Ur' I Ht SrYtKIF r' -J Kt I UKN .bwnA 1 UKt I 01. UA It Ktl.tlvtU OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 1 2. PINK - Attorney 3. CANARY Sheriffs Office 4. BLUE - Shenfrs Office SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 08-033353 EverBank PLAINTIFF VS. Charles B. Allen (Real Owner & Mortgagor) and COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:08-5499-CIVIL TERM Julie K. Allen (Mortgagor) DEFENDANT(S) ; PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES Enter Judgment IN REM in the amount of $113,743.56 in favor of the Plaintiff and against the defendant(s), jointly and severally, for failure to file an answer to Plaintiffs Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plaintiffs damages as follows and calculated as stated in the Complaint: Principal of mortgage debt due and unpaid $99,056.53 Interest at 7% from February 1, 2008 to November 25, 2008 (299 days @ $19.00 per diem) $5,681.00 Late charges (for certain months prior to default and every month after) $287.12 Escrow Advance (As stated in Complaint) $1,396.79 Title Search Report Fees $250.00 Attorneys Fees $4,952.83 TOTAL AMOUNT DUE $111,624.27 BY: Michael J. Clark, Esquire Attorney for Plaintiff AND NOW, judgment is entered in favor of the Plaintiff and against the Defendant(s) and damages are assessed as above in the sum of $113,743.56. 08-033353 o. Prothy. SHAPIRO & DENARDO, LLC BY: DANIELLE BOYLE-EBERSOLE, ESQ. MICHAEL CLARK, ESQ. CHRISTOPHER A. DENARDO, ESQ. AND ILANA ZION, ESQ. ATTORNEY I.D. NOS. 81747, 202929, 78447 & 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 08-033353 EverBank PLAINTIFF VS. Charles B. Allen 710 Barbara Street New Cumberland, PA 17070 Julie K. Allen 710 Barbara Street New Cumberland, PA 17070 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: DEFENDANT(S) STATE OF: Ftodda Duval COUNTY OF: AFFIDAVIT OF NON-MILITARY SERVICE THE UNDERSIGNED being duly sworn, states that he/she is over the age of eighteen years and competent to make this affidavit and the following averments are based upon investigations made and records maintained either as Plaintiff or servicing agent of the Plaintiff and that the above-captioned Defendants' last known address is as set forth in the caption and they are not in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended. Everhome Mortgage Company F/K/A Alliance Mortgage Company on behalf of Ever ank 1 By: :?? __ NAMEKELLIE ROHLI TITLE: Vice Presidei Sworn to and subscribed befu 08-033353 this 1 day of IV- 2008. Notary Public MICHELE L. FISHER Notary Public - State of Florida •_MyCommission EWkesOct7,2008 Commission # DD 360829 Bonded By Nafional Notary Assn. _ _ ..2 56%K W.;U `wl'4 AUG 2 6 2008 SHAPIRO & DeNARDO, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I. D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 08-033353 EverBank PLAINTIFF VS. Charles B. Allen (Real Owner & Mortgagor) and ' Julie K. Allen (Mortgagor) DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 08-5499-CIVIL TERM NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Charles B. Allen (Real Owner & Mortgagor) DATE OF NOTICE: November 14, 2008 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tomado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notification a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o llame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Charles B. Allen (Real Owner & Mortgagor) 710 Barbara Street New Cumberland, PA 17070 Julie K. Allen (Mortgagor) 7 Audubon Park Dillsburg, PA 17019 " lokw' dim Ilana ion, Esquire Shapiro & DeNardo, Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I. D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 08-033353 EverBank PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. Charles B. Allen (Real Owner & Mortgagor) and Julie K. Allen (Mortgagor) DEFENDANTS NO: 08-5499-CIVIL TERM NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Julie K. Allen (Mortgagor) DATE OF NOTICE: November 14, 2008 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tomado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o llame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Charles B. Allen (Real Owner & Mortgagor) 710 Barbara Street New Cumberland, PA 17070 Julie K. Allen (Mortgagor) 7 Audubon Park Dillsburg, PA 17019 ,q MA )MY1K do Ilana Zion, Esq re Shapiro & DeN , LLC Attorney for Plaintiff BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I. D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 08-033353 EverBank PLAINTIFF vs. Charles B. Allen (Real Owner & Mortgagor) and Julie K. Allen (Mortgagor) DEFENDANT(S) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:08-5499-CIVIL TERM CERTIFICATE OF SERVICE I, Michael J. Clark, Esquire, Attorney for the Plaintiff, hereby certify that I have served by first class mail, postage prepaid, true and correct copies of the attached papers upon the following person(s) or their attorney of record: Charles B. Allen (Real Owner & Mortgagor) 710 Barbara Street New Cumberland, PA 17070 Julie K. Allen (Mortgagor) 7 Audubon Park Dillsburg, PA 17019 Date mailed: BY: SHAPIRO & DENARDO, Michael J. Clark, Esq Attorney for Plaintiff 08-033353 C` C) -TI O RL. G .. nl 3 i i ` -i OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Curtis A Long Prothonotary TO: Charles B. Allen (Real Owner & Mortgagor) 710 Barbara Street New Cumberland, PA 17070 EverBank PLAINTIFF VS. Charles B. Allen (Real Owner & Mortgagor) and Julie K. Allen (Mortgagor) DEFENDANT(S) NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, Judgment has been entered against you in the aWve p1poW COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:08-5499-CIVIL TERM [XX] Judgment by Default [ ] Judgment for Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings are hereby notified that a s indicated below. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY MICHAEL J. CLARK, ESQUIRE AT (610) 278-6800. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Curtis A Long Prothonotary TO: Julie K. Allen (Mortgagor) 7 Audubon Park Dillsburg, PA 17019 EverBank PLAINTIFF VS. Charles B. Allen (Real Owner & Mortgagor) and COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:08-5499-CIVIL TERM Julie K. Allen (Mortgagor) DEFENDANT(S) NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceedin as indicated below. urtis Prothonotary [XX] Judgment by Default [ ] Judgment for Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY MICHAEL J. CLARK, ESQUIRE AT (610) 278-6800. EverBank Plaintiff VS. Charles B. Allen (Real Owner & Mortgagor) and Julie K. Allen (Mortgagor) Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 08-5499-CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) To The Prothonotary: Issue Writ of Execution in the above matter: Amount Due Interest from November 26, 2008 to March 4, 2009 (Costs to be added) $111,624.27 $2,119.29 V ? 41 f1l Michael J. Cl , Esquire, Attorney for Plaintiff ? W d '? O y E..{ i? ? W O C Q ? V1 "? ? C et' ? Off,,,, ? d a d A A d ? .a o. CD os NV 1Q A v p V Z z ? ti s? V [rr go. NCO w r?Flp t O _ w a b 00 - Ts ?.. cn F C> 7+ i [[i ? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-5499 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EVERBANK, Plaintiff (s) From CHARLES B. ALLEN (REAL OWNER & MORTGAGOR) AND JULIE K. ALLEN (MORTGAGOR) (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $111,624.27 L.L. $.50 Interest FROM 11/26/08 TO 3/4/09 - $2,119.29 Atty's Comm % Atty Paid $242.62 Plaintiff Paid Due Prothy $2.00 Other Costs Date: NOVEMBER 26, 2008 (Seal) -- q, Ak-z9--' C s . Long, Pr otary By: Deputy REQUESTING PARTY: Name MICHAEL J. CLARK, ESQUIRE Address: SHAPIRO & DENARDO, LLC 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 202929 SHAPIRO & DeNARDO, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I. D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 08-033353 EverBank PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. Charles B. Allen (Real Owner & Mortgagor) and Julie K. Allen (Mortgagor) DEFENDANTS NO: 08-5499-CIVIL TERM CERTIFICATION OF MAILING NOTICE UNDER RULE 237.1 The undersigned hereby certifies that a Written Notice of Intention to File a Praecipe for the Entry of Default Judgment was mailed to the defendant (s) and to his, her, their attorney of record, if any, after the default occurred and at least (10) days prior to the date of the filing of the Praecipe. Said Notice was sent on the date set forth in the copy of said Notice attached hereto, November 14, 2008 to the following Defendants: Charles B. Allen (Real Owner & Mortgagor) 710 Barbara Street New Cumberland, PA 17070 Julie K. Allen (Mortgagor) 7 Audubon Park Dillsburg, PA 17019 t Sheena C. Mayer, Legal Assista)i to Ilana Zion, Esquire for Shapiro & DeNardo, LLC r-1 C!!!D SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I. D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 08-033353 EverBank PLAINTIFF VS. Charles B. Allen (Real Owner & Mortgagor) and Julie K. Allen (Mortgagor) DEFENDANT(S) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:08-5499-CIVIL TERM CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor (Plaintiff) is: EverBankEverhome Mortgage Company 8100 Nations Way Jacksonville, FL 32256 and that the last known address(es) of the judgment debtor (Defendant(s)) is: Charles B. Allen (Real Owner & Mortgagor) 710 Barbara Street New Cumberland, PA 17070 Julie K. Allen (Mortgagor) 7 Audubon Park Dillsburg, PA 17019 SHAPIRO & DEN , LLC BY: , Esquire Michael J. Celaintiff Attorney for SHAPIRO & DeNARDO, LLC =n sv t? P -.-% SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 08-033353 EverBank PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. Charles B. Allen (Real Owner & Mortgagor) and Julie K. Allen (Mortgagor) DEFENDANTS NO: 08-5499-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 EverBank, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 710 Barbara Street, New Cumberland, PA 17070. 1. Name and address of Owner(s) or Reputed Owner(s) Charles B. Allen (Real Owner & Mortgagor) 710 Barbara Street New Cumberland, PA 17070 Julie K. Allen (Mortgagor) 7 Audubon Park Dillsburg, PA 17019 2. Name and address of Defendant(s) in the judgment: Charles B. Allen (Real Owner & Mortgagor) 710 Barbara Street New Cumberland, PA 17070 Julie K. Allen (Mortgagor) 7 Audubon Park Dillsburg, PA 17019 P -V 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: EverBank Everhome Mortgage Company 8100 Nations Way Jacksonville, FL 32256 4. Name and address of the last recorded holder of every mortgage of record: EverBank, Plaintiff Everhome Mortgage Company 8100 Nations Way Jacksonville, FL 32256 Stewart Gross 6201 Jerome Blvd Harrisburg Pa, 17112 PA Housing Finance Agency 211 N. Front Street P.O. Box 15530 Harrisburg PA, 17105-5530 Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 710 Barbara Street New Cumberland, PA 17070 (-/ -V I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. SHAPIRO & DENARDO, LLC BY: Michael J. 08-033353 ?? r.-r_e 3 ? -rt 1 ? ? . ? ? -- - r?? , , . ?, :?; .. ? '-; ~'' __ _.? . SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I. D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 08-033353 EverBank PLAINTIFF VS. Charles B. Allen (Real Owner & Mortgagor) and Julie K. Allen (Mortgagor) DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 08-5499-CIVIL TERM CERTIFICATION AS TO THE SALE OF REAL PROPERTY I hereby certify that I am the Attorney of record for the Plaintiff in this Action against Real Property and further certify this Property is: FHA - Tenant Occupied or Vacant Commercial As a result of a Complaint in Assumpsit That the Plaintiff has complied in all respects with Section 403 of the X Mortgage Assistance Act including but not limited to: (a) Service of notice on Defendant(s) (b) Expiration of 30 days since the service of notice (c) Defendant(s) failure to request or appear at meeting with Mortgagee or Consumer Credit Counseling Agency (d) Defendant(s) failure to file application with Homeowners Emergency Assistance Program. I further agree to indemnify and hold harmless the Sheriff of Cumberland County for any false statement given herein. SHAPIRO & DENARDO, C BY: Michael J. Clark, squire PA Bar # 202929 _ r-0 ?. CTI ?' At SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I. D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 08-033353 EverBank COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY VS. Charles B. Allen (Real Owner & Mortgagor) NO: 08-5499-CIVIL TERM and Julie K. Allen (Mortgagor) DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Charles B. Allen (Real Owner & Mortgagor) 710 Barbara Street New Cumberland, PA 17070 Your house (real estate) at: 710 Barbara Street New Cumberland, PA 17070 26-24-0809-100 is scheduled to be sold at Sheriffs Sale on March 4, 2009 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00 AM, to enforce the court judgment of $111,624.27 obtained by EverBank against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to EverBank the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call: (610) 278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 4. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610) 278-6800. 5. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 6. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 7. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 8. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 9. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 10. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 08-033353 4 ALL THAT CERTAIN piece or parcel of land, situate in the Borough of New Cumberland, Cumberland County, Pennsylvania bounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Professional Engineer, dated July 3, 1967, as follows, to wit: BEGINNING at a point on the southeast side of Barbara Street (50 feet wide) at the dividing line between Lots Nos. 19 and 20 on the hereinafter mentioned plan of Lots; said point also being 301.50 feet southwest of the southwestern end of a curve connecting Barbara Street and Brandt Avenue; thence along the aforesaid dividing line, South 45 degrees 18 minutes East, 105 feet to a point in line of Lot No. 31 on said Plan; thence along Lots 31 and 32, South 44 degrees 42 minutes East, 60 feet to the dividing line between Lots Nos. 19 and 18; thence along said dividing line, North 45 degrees 18 minutes West 105 feet to a point on the southeast side of Barbara Street; thence along the same, North 44 degrees 42 minutes East, 60 Feet to the point and place of BEGINNING. BEING Lot No. 19 on the Plan of Lots entitled "Forrest Hills", which plan is recorded in the Cumberland County Recorder's Office in Plan Book, 4, Page 54. HAVING THEREON ERECTED A single dwelling house, known as No. 710 Barbara Street, New Cumberland, Pennsylvania. TAX MAP Reference No. 26-24-0809-100. BEING the same premises which Charles B. Allen and Jullie K. Allen, husband and wife, by Deed dated May 29th 2001 and recorded in the Cumberland County Recorder of Deeds Office on July 31st 2001 in Deed Book 247, Page 3355, granted and conveyed unto Charles B. Allen. t.- 4q SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I. D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 08-033353 EverBank COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY VS. Charles B. Allen (Real Owner & Mortgagor) NO: 08-5499-CIVIL TERM and Julie K. Allen (Mortgagor) DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Julie K. Allen (Mortgagor) 7 Audubon Park Dillsburg, PA 17019 Your house (real estate) at: 710 Barbara Street New Cumberland, PA 17070 26-24-0809-100 is scheduled to be sold at Sheriffs Sale on March 4, 2009 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00 AM, to enforce the court judgment of $111,624.27 obtained by EverBank against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to EverBank the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call: (610) 278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. L-- 1 4. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610) 278-6800. 5. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 6. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 7. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 8. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 9. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 10. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 08-033353 a - , _• ALL THAT CERTAIN piece or parcel of land, situate in the Borough of New Cumberland, Cumberland County, Pennsylvania bounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Professional Engineer, dated July 3, 1967, as follows, to wit: BEGINNING at a point on the southeast side of Barbara Street (50 feet wide) at the dividing line between Lots Nos. 19 and 20 on the hereinafter mentioned plan of Lots; said point also being 301.50 feet southwest of the southwestern end of a curve connecting Barbara Street and Brandt Avenue; thence along the aforesaid dividing line, South 45 degrees 18 minutes East, 105 feet to a point in line of Lot No. 31 on said Plan; thence along Lots 31 and 32, South 44 degrees 42 minutes East, 60 feet to the dividing line between Lots Nos. 19 and 18; thence along said dividing line, North 45 degrees 18 minutes West 105 feet to a point on the southeast side of Barbara Street; thence along the same, North 44 degrees 42 minutes East, 60 Feet to the point and place of BEGINNING. BEING Lot No. 19 on the Plan of Lots entitled "Forrest Hills", which plan is recorded in the Cumberland County Recorder's Office in Plan Book, 4, Page 54. HAVING THEREON ERECTED A single dwelling house, known as No. 710 Barbara Street, New Cumberland, Pennsylvania. TAX MAP Reference No. 26-24-0809-100. BEING the same premises which Charles B. Allen and Jullie K. Allen, husband and wife, by Deed dated May 29th 2001 and recorded in the Cumberland County Recorder of Deeds Office on July 31 st 2001 in Deed Book 247, Page 3355, granted and conveyed unto Charles B. Allen. SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 08-033353 EverBank ; PLAINTIFF VS. Charles B. Allen (Real Owner & Mortgagor) and Julie K. Allen (Mortgagor) DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 08-5499-CIVIL TERM AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 EverBank, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 710 Barbara Street, New Cumberland, PA 17070. 1. Name and address of Owner(s) or Reputed Owner(s) Charles B. Allen (Real Owner & Mortgagor) 710 Barbara Street New Cumberland, PA 17070 Julie K. Allen (Mortgagor) 7 Audubon Park Dillsburg, PA 17019 2. Name and address of Defendant(s) in the judgment: Charles B. Allen (Real Owner & Mortgagor) 710 Barbara Street New Cumberland, PA 17070 Julie K. Allen (Mortgagor) 7 Audubon Park Dillsburg, PA 17019 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: EverBank Everhome Mortgage Company 8100 Nations Way Jacksonville, FL 32256 4. Name and address of the last recorded holder of every mortgage of record: EverBank, Plaintiff Everhome Mortgage Company 8100 Nations Way Jacksonville, FL 32256 Stewart Gross 6201 Jerome Blvd Harrisburg Pa, 17112 PA Housing Finance Agency 211 N. Front Street P.O. Box 15530 Harrisburg PA, 17105-5530 5. Name and address of every other person who has any record lien on the property: New Cumberland Borough 1120 Market St. PO Box 220 New Cumberland, PA 17070 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 710 Barbara Street New Cumberland, PA 17070 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SHAPIRO & DENARDO, LLC BY: Michael J. Cl k, Esquire 08-033353 C'7 c -1 m CD SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 08-033353 EverBank VS. PLAINTIFF Charles B. Allen (Real Owner & Mortgagor) and Julie K. Allen (Mortgagor) DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 08-5499-CIVIL TERM CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO PA R.C.P 3129.2 (C) (2) I, Lisa Kosik, Legal Assistant for Shapiro & DeNardo, LLC, attorneys for the Plaintiff, EverBank, hereby certify that Notice of Sale was served on all persons appearing on Exhibit "A" attached hereto, by United States mail, first class, postage prepaid, with Certificates of Mailing on January 12, 2009 and January 14, 2009, the originals of which are attached and that each of said persons appears on Plaintiffs Affidavit pursuant to Pa. R.C.P. 3129.1. The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, SHAPIRO & DENARDO, LLC BY: /0 &/ Lisa Kosik Legal Assistant 08-033353 r ? 0 Vi. 0 0 - w aD CL $ V Q N 2 o? N ? O N < 2 00 § I N W Z cr 0 a R 3 ? d O V D y O 7 w O 7 W I Ut 00 1 -41 S Speciap Handl Retu A W N PPI w W w Z Z ON =' M o : w cD o o N O M o o " z Q W y d Eq O. m Y O N c 3 C" p ? C Cl) Z Z CD CD l l c) I l l y N T (6 0 OR CD O CD 2 m m o a R -r co I m 0 0 J Q N N cnzzz a' O P° c3?? mz? a n c, n 3 ffio ,? O3 m v N ? m d o 6i m W m a m „ R.jR m Y1 - ? A x o? a g" all v m O I m c3 a m `° m co M it sn c •, D C) N UNITeo S? C- T 0 A m ro _ (O N ?a m .N c.0 O O Q m (L] r -i 9° N 0 r o .< z W C co m o 4 Q to 2 m ON N X `? v? rt ^t 0 1 Y ?p v Q ? 3 N X O 0 A I y ff D 3 W O 7 m -4i 9)I re Co !A 1 ?I c-'I NI ?c o='w Fo o, m o 0 Q d w D ?. e ? CD CD O U) C r O Q Cl) Q N r x > y CD n a s 0001 z Z O E n a 5 OO 0 (or O ?rJ r- n e-r C O ^ co `'r (or ' TW O m c 0 =• O 'IQ tr O 1yy r?r [? ? O n u O 9 N o OQ ?. o n ?OD? W ."3 O (D fn??X n w ?3?'3. m IL TL o 1 z :m m o c N n O (O (D .2) CD - X T n tE N !Z ir ?RL% 3 c'HIP, a 'oIL S i. m a ' m c'D m ? 'o 1 co o N UNf tF?s Y ? ` rn tion 8 0 - rmati n N Handli ng m zo ? A. oy ricted elive ° N n o 0 00 0 t? 791 r L..,, E5 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which SECRETARY OF VETERANS AFFAIRS is the grantee the same having been sold to said grantee on the 4TH day of MARCH A.D., 2009, under and by virtue of a writ Execution issued on the 26TH day of NOV, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 5499, at the suit of EVERBANK against CHARLES B ALLEN & JULIE K is duly recorded as Instrument Number 200908499. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this C33-4 day of A.D. aQ 9 =":, fiusrt2n? COwly, Cafte, PA Efw?; "? %a First Monday of Jan. 2010 EverPank VS Charles B. Allen and Julie K. Allen In The,Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-5499 Civil Term Cpl. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on January 5, 2009 at 1849 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Charles B. Allen; by making known unto James Daron, adult in charge for Charles B. Allen, at 710 Barbara Street, New Cumberland, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Julie K. Allen, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description, according to law. YORK COUNTY RETURN: And Now, December 26, 2008 at 1535 hours served the within Real Estate Writ, Notice of Sale and Description upon Julie K. Allen by making known unto Julie K. Sersch, defendant, at 7 Audubon Park, Dillsburg, PA 17019 its contents and at the same time handing to her a true and correct copy of the same. So answers: Richard Keuerleber, Sheriff of York County, Pennsylvania. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2009 at 1808 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Charles B. Allen and Julie K. Allen located at 710 Barbara Street, New Cumberland, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Charles B. Allen and Julie K. Allen, by regular mail to their last known addresses of 710 Barbara Street, New Cumberland, PA 17070 and 7 Audubon Park, Dillsburg, PA 17019, respectively. These letters were mailed under the date of January 9, 2009 and January 12, 209 (respectively) and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 4, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Michael Clark, on behalf of The Secretary of Veterans Affairs, of, 2375 North Glenville Drive, Richardson, TX, 75082, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 1,162.20 Sheriffs Costs: Docketing $30.00 Poundage 22.79 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 30.60 Levy 15.00 Surcharge 30.00 Out of County 9.00 York County 100.00 Post Pone Sale Law Journal 365.00 Patriot News 378.29 Share of Bills 15.52 Distribution of Proceeds 25.00 Sheriffs Deed 50.50 $1,162.20 So Answe ?" ? R. Thomas Kline, Sheriff 3/510 9 qy- By A Real ate Coordinator a ?t s ? CIO- 37j-7 C? r cc t\j an w c. a c\ U-1 C= 0_ c? ? =5 c-, ?- SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I. D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 08-033353 EverBank PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. Charles B. Allen (Real Owner & Mortgagor) and Julie K. Allen (Mortgagor) DEFENDANTS NO: 08-5499-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 EverBank, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 710 Barbara Street, New Cumberland, PA 17070. Name and address of Owner(s) or Reputed Owner(s) Charles B. Allen (Real Owner & Mortgagor) 710 Barbara Street New Cumberland, PA 17070 Julie K. Allen (Mortgagor) 7 Audubon Park Dillsburg, PA 17019 2. Name and address of Defendant(s) in the judgment: Charles B. Allen (Real Owner & Mortgagor) 710 Barbara Street New Cumberland, PA 17070 Julie K. Allen (Mortgagor) 7 Audubon Park Dillsburg, PA 17019 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: EverBank Everhome Mortgage Company 8100 Nations Way Jacksonville, FL 32256 4. Name and address of the last recorded holder of every mortgage of record: EverBank, Plaintiff Everhome Mortgage Company 8100 Nations Way Jacksonville, FL 32256 Stewart Gross 6201 Jerome Blvd Harrisburg Pa, 17112 PA Housing Finance Agency 211 N. Front Street P.O. Box 15530 Harrisburg PA, 17105-5530 Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 710 Barbara Street New Cumberland, PA 17070 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. BY: SHAPIRO & DENARPO, LLC Michael J. 08-033353 SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I. D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 08-033353 EverBank PLAINTIFF VS. Charles B. Allen (Real Owner & Mortgagor) and Julie K. Allen (Mortgagor) DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 08-5499-CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Julie K. Allen (Mortgagor) 7 Audubon Park Dillsburg, PA 17019 Your house (real estate) at: 710 Barbara Street New Cumberland, PA 17070 26-24-0809-100 is scheduled to be sold at Sheriffs Sale on March 4, 2009 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00 AM, to enforce the court judgment of $111,624.27 obtained by EverBank against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to EverBank the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call: (610) 278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 4. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610) 278-6800. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 6. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 7. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 8. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 9. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 10. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 08-033353 ALL THAT CERTAIN piece or parcel of land, situate in the Borough of New Cumberland, Cumberland County, Pennsylvania bounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Professional Engineer, dated July 3, 1967, as follows, to wit: BEGINNING at a point on the southeast side of Barbara Street (50 feet wide) at the dividing line between Lots Nos. 19 and 20 on the hereinafter mentioned plan of Lots; said point also being 301.50 feet southwest of the southwestern end of a curve connecting Barbara Street and Brandt Avenue; thence along the aforesaid dividing line, South 45 degrees 18 minutes East, 105 feet to a point in line of Lot No. 31 on said Plan; thence along Lots 31 and 32, South 44 degrees 42 minutes East, 60 feet to the dividing line between Lots Nos. 19 and 18; thence along said dividing line, North 45 degrees 18 minutes West 105 feet to a point on the southeast side of Barbara Street; thence along the same, North 44 degrees 42 minutes East, 60 Feet to the point and place of BEGINNING. BEING Lot No. 19 on the Plan of Lots entitled "Forrest Hills", which plan is recorded in the Cumberland County Recorder's Office in Plan Book, 4, Page 54. HAVING THEREON ERECTED A single dwelling house, known as No. 710 Barbara Street, New Cumberland, Pennsylvania. TAX MAP Reference No. 26-24-0809-100. BEING the same premises which Charles B. Allen and Jullie K. Allen, husband and wife, by Deed dated May 29th 2001 and recorded in the Cumberland County Recorder of Deeds Office on July 31 st 2001 in Deed Book 247, Page 3355, granted and conveyed unto Charles B. Allen. JP SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I. D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 08-033353 EverBank PLAINTIFF VS. Charles B. Allen (Real Owner & Mortgagor) and Julie K. Allen (Mortgagor) DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 08-5499-CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Charles B. Allen (Real Owner & Mortgagor) 710 Barbara Street New Cumberland, PA 17070 Your house (real estate) at: 710 Barbara Street New Cumberland, PA 17070 26-24-0809-100 is scheduled to be sold at Sheriffs Sale on March 4, 2009 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00 AM, to enforce the court judgment of $111,624.27 obtained by EverBank against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to EverBank the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call: (610) 278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 4. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610) 278-6800. 5. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 6. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 7. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 8. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 9. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 10. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 08-033353 ALL THAT CERTAIN piece or parcel ofland, situate in the Borough of New Cumberland, Cumberland County, Pennsylvania bounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Professional Engineer, dated July 3, 1967, as follows, to wit: BEGINNING at a point on the southeast side of Barbara Street (50 feet wide) at the dividing line between Lots Nos. 19 and 20 on the hereinafter mentioned plan of Lots; said point also being 301.50 feet southwest of the southwestern end of a curve connecting Barbara Street and Brandt Avenue; thence along the aforesaid dividing line, South 45 degrees 18 minutes East, 105 feet to a point in line of Lot No. 31 on said Plan; thence along Lots 31 and 32, South 44 degrees 42 minutes East, 60 feet to the dividing line between Lots Nos. 19 and 18; thence along said dividing line, North 45 degrees 18 minutes West 105 feet to a point on the southeast side of Barbara Street; thence along the same, North 44 degrees 42 minutes East, 60 Feet to the point and place of BEGINNING. BEING Lot No. 19 on the Plan of Lots entitled "Forrest Hills", which plan is recorded in the Cumberland County Recorder's Office in Plan Book, 4, Page 54. HAVING THEREON ERECTED A single dwelling house, known as No. 710 Barbara Street, New Cumberland, Pennsylvania. TAX MAP Reference No. 26-24-0809-100. BEING the same premises which Charles B. Allen and Jullie K. Allen, husband and wife, by Deed dated May 29th 2001 and recorded in the Cumberland County Recorder of Deeds Office on July 31st 2001 in Deed Book 247, Page 3355, granted and conveyed unto Charles B. Allen. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-5499 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EVERBANK, Plaintiff (s) From CHARLES B. ALLEN (REAL OWNER & MORTGAGOR) AND JULIE K. ALLEN (MORTGAGOR) (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $111,624.27 L.L. $.50 Interest FROM 11/26/08 TO 3/4/09 - $2,119.29 Atty's Comm % Atty Paid $242.62 Due Prothy $2.00 Other Costs Plaintiff Paid Date: NOVEMBER 26, 2008 (Seal) - (- -7)'", L C . Long, Pr otary By: Deputy REQUESTING PARTY: Name MICHAEL J. CLARK, ESQUIRE Address: SHAPIRO & DENARDO, LLC 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 202929 Real Estate Sale #60 On December 15, 2008 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA Known and numbered as 710 Barbara Street, New Cumberland more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: Deciernber 15, 200$ By: Real Estate Sergeant 7 Mn i The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ZheP aNow you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY REAL ESTATE SALE NO. 60 Writ No. 2008-5499 Civil Term EverBank VS Charles B. Allen (Real Owner & Mortgagor) and Julie IL Allen (Mortgagor) Attorney Michael Clark LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Borough, of New Cumberland, Cumberland County, Pennsylvania bounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Professional Engineer, dated July 3, 1967, as follows; to wit: BEGINNING at a point on the southeast side of Barbara Street (50 feet wide) at the dividing tine between Lots Nos. 19 and 20 on the hereinafter mentioned plan of Lots; said point also being 301.50 feet southwest of the southwestern end of a curve connecting Barbara Street and Brandt Avenue; thence along the aforesaid dividing line, South 45 degrees 18 minutes East, 105 feet to a point in line of Lot No. 31 on said Plan; thence along Lots,31 and 32, South 44 degrees 42 minutes East, 60 feet to the dividing line between Lots Nos. 19 and 18; thence along said dividing line, North 45 degrees 18 minutes West 105 feet to a point on the southeast side of Barbara Street; thence along the same, North 44 degrees 42 minutes East, 60 Feet to the point and place of BEGINNING. BEING Lot No. 19 on the Plan of Lots entitled "Forrest Hills", which plan is recorded in the Cumberland County Recorder's Office in Plan Book, 4, Page 54. HAVING THEREON ERECTED A single dwelling house, known as No. 710 Barbara Street, New Cumberland, Pennsylvania. TAX MAP Reference No. 26.240809-100. BEING the same premises which Charles B. Allen and Julbe IC. Allen, husband and wife, by Deed dated May 29th 2001 and recorded in the Cumberland County Recorder of Deeds Office on July 31st 2001 m Deed Book 247, Page 3355, granted and conveyed unto Charles B. Allen. This ad ran on the date(s) shown below: Sworn to any scribed before me this 25 daof February, 2009 A.D. Notary Public COMMONWEALTH OF 71F_ Sherrie L. Kisi,,9 , Notary Public 1 City OfHaftbn.trrx. DauphinCgmty My Cartmission ti?,virts Nov. 26, 2011 Member, Pennsylvs.- P-mciatlon of Notaries 01/21/09 01/28/09 02/04/09 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 30, February 6, and February 13, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. L' a Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this day of Februaz 13 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 1 AW& > ! "" No. so Writ No. 2008-5499 Civil EverBank vs. Charles B. Allen (Real Owner & Mortgagor) and Julie K. Allen (Mortgagor) Atty.: Michael Clark ALL THAT CERTAIN piece or parcel of land, situate in the Borough of New Cumberland, Cumberland County, Pennsylvania bounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Professional Engineer, dated July 3, 1967, as follows, to wit: BEGINNING at a point on the southeast side of Barbara Street (50 feet wide) at the dividing line between Lots Nos. 19 and 20 on the hereinaf- ter mentioned plan of Lots; said point also being 301.50 feet southwest of the southwestern end of a curve con- necting Barbara Street and Brandt Avenue; thence along the aforesaid dividing line, South 45 degrees 18 minutes East, 105 feet to a point in line of Lot No. 31 on said Plan; thence along Lots 31 and 32, South 44 degrees 42 minutes East, 60 feet to the dividing line between Lots Nos. 19 and 18; thence along said dividing line, North 45 degrees 18 minutes Wea 105 ied to a point on the south- soft die of Barbara Street; thence s k" site Mane, North 44 degrees 42 =Anoft East, 60 Feet to the pant -d sbat at BEGINNING. NWW Lot No. 19 on the Pfau of Lots entitled "Forrest Hills', which plan is recorded in the Cumberland County Recorder's Office in Plan Book, 4, Page 54. HAVING THEREON ERECTED A single dwelling house, known as No. 710 Barbara Street, New Cumber- land, Pennsylvania. TAX MAP Reference No. 26-24- 0809-100. BEING the same premises which Charles B. Allen and Jullie K. Allen, husband and wife, by Deed dated May 29th 2001 and recorded in the Cumberland County Recorder of Deeds Office on July 31st 2001 in Deed Book 247, Page 3355, granted and conveyed unto Charles B. Al- len.