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HomeMy WebLinkAbout08-6689 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. 07-30273 U.S. Bank, N.A., as Trustee for the registered COURT OF COMMON PLEAS holders of MASTR Asset Backed Securities CUMBERLAND COUNTY Trust 2005-WMC 1, Mortgage Pass-Through Qo o i l elf ill / Y `m Certificates NO: PLAINTIFF VS. Steven L. Wilson 1409 Goodyear Road Gardners, PA 17324 DEFENDANT(S) COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. LISTED 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 I MPORTANTES PARA LISTED. LLEVE ESTA DEMANDA A UN ABOGADO E MEDIATAMENTE. 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 S & K FILE NO. 07-30273 U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: D 8- 6 G S'f CtL 7_6?el VS. Steven L. Wilson 1409 Goodyear Road Gardners, PA 17324 DEFENDANT(S) COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates, the address of which is, 12650 Ingenuity Drive Orlando, Florida 32826, 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 WMC Mortgage Corp. Mortga og r(s): Steven L Wilson (b) Date of Mortgage: December 27, 2004 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Mortgage Book 1892 Page 3800 Date: December 29, 2004 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: Mortgage Electronic Registration Systems, Inc as nominee for WMC Mortgage Corp. Assignee: U.S. Bank N.A., in its capacity as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates 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 1409 Goodyear Road, Gardners, Pa 17324 and is more specifically described as attached as part of Exhibit "A": 4. Each Mortgagor named in paragraph 1 executed a note as evidence of the debt secured by the Mortgage (the "Note"). A true and correct copy of the Note is attached and marked as Exhibit "B." 5. The name and mailing address of each Defendant is: Steven L. Wilson, 1409 Goodyear Road, Gardners, PA 17324 6. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 7. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of May 1, 2008 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 8. The following amounts are due as of October 31, 2008: Principal of Mortgage debt due and unpaid Interest currently due and owing at 9.43% per annum calculated from April 1, 2008 through June 30, 2008 at $11.90 Interest continues to accrue at 8.50% per annum calculated from July 1, 2008 at $10.73 Late Charge of $16.51 per month assessed on the 16th of each month from May 16, 2008 to October 16, 2008, (6 Months) Prior Foreclosure Fees Suspense/Unapplied Balance Accrued Late Charges Appraisal Fees Property Inspection Title Search/Report Fees Attorneys' Fees and Costs TOTAL $46,073.26 $1,082.90 $1,319.79 $99.06 $943.50 ($288.14) $303.74 $111.00 $31.50 $925.00 $2,303.66 $52,905.27 9. Interest accrues at a per diem rate of 10.73 each day after October 31, 2008, that the debt remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other expenses, costs and charges collectible under the Note and Mortgage. 10. The attorneys' fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriffs sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. 11. This interest rate is subject to adjustment as more fully set forth in the Note and Mortgage. 12. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et sM., was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Pursuant to the act of December 21, 1998 (P.L. 1248, No. 160) (Act 160), this Notice contains the information required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P.S. Section 403 et seq., and separate Notice of Intention to Foreclose is not required. Copies of the Notice are attached hereto as Exhibit "C". WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendant, in the amount set forth in paragraphs 8 and 9, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. Date: 11 1 111 os' BY: SHAPIRO & DENARDO, LLC Attorneys for S & D File No. 07-30273 U.c. trt=tlon Number: 00-1"210-023 n tuam ft: "IC l4DANma Leas)'. I RANI altp ara8n O?GMKW Nr 10962 ATTIC: F61TY SZRVICU) :;0d M%. a WNC mopmam =Rr. 41MAW BILLS, CA ar;ac;?; p. zt?c«R r?cc^a`,1 OF Cr?o •' i t 1 , Wll DEC 23 AID 10 q9 [space or em to7 MORTGAGE ft p +pINMpN, Lmm #-. uery184 Km. 1a0r.3430011067Rs 49 Wordy used in multiple sections of this doc mmW are defined below and other wards are defined in Sections 3, 11, 13, LS. 20 and 21. Certain roles regarding the usage of wade used in this document are aL,o provided in Section 16. (+?? "Semtity Ltaoti' roeane this doouman4 which is dated Doeaeablr 27, 2004 together with 411 Rider's to this donaaent. (B)`%8MW=-IS S'1'!G"ION L 11IL801i Burrower is the nmrtgegor under 116 Semby Inatrunmt. (C) "MFRS" id Mortsage Qilleonnaie Reghtradon Symm<, Inc. MPAS it a sepsrate corporuinn dw is acting Solely as a n0minec W 1-46- mad L4ndWs nreomm add after. 1VCW h the mor4nft under tlds Shy ]tuF,'W"mL M13RS is orb alud and a,rietbtg under dw leave of Delawere, and hat an addross and tdopbone number a[PD. On MX Pliat. W 48501-2M6, eel. (888) t714-MSRS. (l) "ceder" is mm Nowma tie cup. i.eada is a Co PO"tion orgatrieed sad unddg under the Iaws of CaL1p'p1nn [reader's addnm is P.o. MW 54089, LOS AWCWJMo CL $0054-0069 rm?inSSxLV, f t-,4i?C 1a?mar-ir,.ala M.eMt aw l?r a ?cpPOBad?r rann 3W UK 4.vm N/agnm !peer ors l BK 1892PG38-00 I I a q 0 . .?.. ? ?? MV411 mum the p vthiasory tote swat byl3wrowar and dated Dodumber 21170,11280940d The Note ahtms that Borrower owes Leiter potty-lam Thouttaad and 00/lot} Dobm (U.S. S 48,000.00 ) plus inseresr. Bom wer has promised to pay this debt in regvisr Paio& Paymeata and to pay the debt in fall as later dun t2muauty 1, 5035 Or) "ktapwty" means the property that is dttsaibod below Rader tht bang "IWAskr of Rigtus in the Propetty-71 'Vera" meets the debt evidenced by dw Note, plus intetest. any propsymeat obarps and Wo chugee due undkw flte Note, and all same due tinder this Swarity Instnttttrar, plan Mum L (EK) Mdeea" Mans all Riders to this Scoo ty Instrummtt that are oncined by &amwer. The fapowing Rid= one to be N=uted by Bartow [ndteck boot as applicable]: Rom Rider C,odominiuk Rider (] 3ecaad now Rids BOOM Rida -4 Faatil Rids ? PlawdUelt Dmbpmeat Rider Q Biwoddy Payment Rider 1 ? y b ms(s) [specify] m "ApPlicable LW mama all oonbullisg applicable federal, state ousel local statuses, tegudadoes, ordinances and adtninistrwave noes and orders (that havoc the effect of law) as wen as all awicabte find, non-appedable. judicial opinions. (1) "Canmaasdty Asseclallon Does, Fees, and Assa>tapaetlta" means ail duo, fees, seresunents and other cbmw that are h op and „ Pturower or the Property by a condor inium association. homeowners association or sinwar aww a Lion. (>_"manie lhtadtl Tts?te?! meoas.._aay tttiml(sf of f gttur..!tuq _tt llltpatateigaasd--by_chock,-. droll, at similar paper instrument, which is utidated ftvu6 an dect=onio t e, miapbanic; instrua s, er traagoetie ? s, as to order. hmtcuet, or aadtarire a fimax3d itastitadem to debits or att?t an ttacatm. Snob term incite s, but is oat Burred to. point-of--ssio ttanafe m autasnesed trier machine uwaactioua, transfers initiated by telephone, v*e lraasfers, and automated dmingbottse transfers. (I, OEwow Iteame" means shone items that are described in Section 3. Pmeaeds" means any coaapettsatiay seulemsettt, award of damages. cc proceeds paid by any third patty (Odff ftu mouronee proceeds paid under the coverages described in 5eeka 5) Am 0) damage to, or destruction of. the Property; Qi) ,ondeu madon or o*w taking of in or soy part of the Ptopaw, (it) oonrayaeee in lieu of Mad-MMO . or (IV) hoar CC at otakdow a m, rho wlae taW& Cctaaf ax of d a Pmpexq. (10 "Ddaet?slsweaatee" mown ioaaeanoe I anida r i'grdaat the uaeapalymeat ot; err ddaah oa. the Deal. (O) "!'ardvails!'a?a4e' ni sins flue mgnlwly?ed amount due lbr (1) pdncipst and itttereat under the Note, plus atq =mum under Swoon 3 at thin Secmity Iaattsmaent. (lh AM ttteeaos the Real Estate Saatlrzoeat Procedures Act (12 U.S.C 12601 of seq.) and its raadad,o. Ragtiaafou X (24 C.P.A. Pat 3500), w dny night be amended Boca thus to time, or amy? 'IMWAP nfm to all at reBWokm that Somas the arms ambjed mono. As used In dale Swa ter InamuMM loan" even if IiasLoast doaaato uir oasts and wool ous dwt we unposed is d to a "fadwally rat" mortgage (? `fit' b Intstut Hnot quality as Barer" aaewat y tr flats latatalaea tide ?RdSPIt. party has asamned llowff a ie Pt • wke@ter or rmx that obligatteaa wsdta' the Note: and/or this Stxurity Itisttitatent. 'T'RANSFER OF RIGHTS IK THE PROPERTY 7US Sotrnity 6 Wwft R secures to Leader (3) d a rtp gmca of the Loan, and aA tune mk trxtwdtsm and aaddattdow of dw riots; and (H) dw perfotao u= of Bormwes's cove ams =d agreeameots under this See" laattameax rand the Nola Pbr this parposa, Bottower does later+eby mortgage. gamtt wd,,My to W" (solely as pP?ttIwnVAWA-I-& t'batly'-Fmrcmftj*.d&Maa: [)tf)1Qt9Rtaa? Torn 3" um MM .TM asl"t 94 (PW 2gf14P4tee) BK ! 892PG380 F 1i0a7saa Liea7aN nominoe for Lender and Lenders wMMUScta and tnM*U) and to the aneeeaaora ad aaaigos of MRS the following dem1bod prwperty locoed its the l! of Cuimptum U ML b PTXON ILtTUMt e) mo Jurisdiction) 11H Rami OC! MW ) D? AS l1tg2HTr A,. mom whirls cwrnody has rho addtett of 1409 Aoizivle ,>pt w&D GLRbatRatB «) (City] ' pennayhsanis 2,7324 CTmpaty Aftwe). [Tip Code) TOGBTMR WISH all the improvamM now or bmdtcr ewwW op the properly, sad a essemeMs, apportennuwcm and f-tuae now or bermha a part of dhe Prop:ty- All replaoenteats and additions shall also be Covered by this Socwity frtaknmteat. All of the fompins is refined to in dais Seem* b tttvtnern as um " potrawer understands End agrees that hMXS holds only legal title to the h t ram gamed by Borrower m this Security Iasttwaem, but if neommy to comply wM law or cwtom, MBmS (as mmtaoe for Lemdor earl Cider's sucxsaens ail aseigas) hwra the dghe to eoiadse ?ay_sx anti Q thou..ipfsaer?nt,.inclwiing,.hut__ _ notTiiiiitod to0. iltie light 2,o fonecl-one and se T else Property, sad to kite my action ruitdted of Leader Including, but not liv iftl to, releasing and canceling this SmorityImM near. BORROWER CVMANTS that Dmmwa is bmfdly setaed of die estate hereby conveyod and hie the right to mortgage, grant and convey tlta Property and tsar the Property is ummumbered, e7ampt for encumbrances of record Bormwa warrants and will defend generally the title to the Property against all claims and demaryic, subject to any emcmabtattce:s of rmord. IMS SF URITY INSTRVMIr T eoatbines unifarm mvenanu for a dwDal we and oon-wdform 00vmants with limited vadadons by jmiadictlott to oomtism s uWfomt Newity in mm=l a ..rinI mai ptppe . "ORM COVENANTS. Boaoaer and L=dw eovenad and agree as follows: 1. Pgmwnwt of mucipd, In au>faterov UNS16 Pty 0mvN, and Late Cfmom Ewaow, shag puyr %Im tltte the pr l of, WA b" M awl, Of debt evldeoaod by due Nate and any pq y.ot charges End lake charger due wider Note. Botmwer ohall also pay !soda for Sacmw Rama patmamt vo Section 3. lhyaaeiKa due wader 60 Nooc and Us Seca * betruw2M drill be made it U.S. i?oadret, if any ? Cr outer Ietkttwtaeat received by Leader I'S I al "M - vadw the Now or d& 9eauttty? nawr aodm Leader vApaid, I may t qdm d* my or aR atitaegao0t payments die wider do Novo and qua Secvdq Ituaudient be =* in one or mm of the lbdoo&g fiXIM as NkMd by Lender; (a) CW4 (b) momy otar, (c) WW checlr, betok cbiealr, ireawter's chant at utd&ea dmk pawnided airy Mkch shed is drawn upon an bmwitptkm odwae dWdb am i'filamind mad rod qp%q fed" kairmospusliq. eago* ac iLote (1ocauowtRiaou+eaie pmdst '[Yaasfia. odwer lowriaa ao mry be deaipas0pd by Lse ba ewceoeds31eo witit dw notice ht tlwe Note Irovisimin Sectiwi 11 i u suds MMM any PaTaM Or padai /1137310002 if rho we P are iaao 0 h Le AM current. Lender mtry accept ay PAYS oar p? to w cor to brirwg do the Loan of any d*#- Minder or 2,1 bctt2g the Ltwr wtrtawt, witteorot watira pftjndim to in "'b 'o netts.. Mub payment or petffiai PRYWCOU in the funm, but Pt LVAM,t..ibq1ePLudIY'-aamWMaWmadl KmM OMfNg•1•At1l?MM Mum"Im etE earrrn... (Pop j01Mpq el 8KI892PG3802 11oa7ssa 1X067!64 Leader Is not obligated to apply sash pquomu at the droa such payment am mzq tad. If eaeb Padod a psymem is applied as of its whednted dues date, dm I eodar need not pay interest an aoapplied hinds. Landeer may hold snob Mgepliod ha& until Bartower mates payment to firing the Lone curets. If 13eaovaer does not do so within a reasonable, period of tfine, I ander am dthor ettoh tltods a trxnra them to Bast0W. If not appRed earlier, eneb imdt will be applied to rite oa?g pdndpd balance under the Note imnetamly pear to famdome. No of m or ciabn which Baamwu migbt bays new at bt tea future agWvd Leader dan Rae" Borrower fimm making paytnmon due udder the Nola and du Saaaity Insets scut or padaeaimg tbt euvatsmts and s om amt encored by olds 5ecudty hwituneat A Pwavreds. BMW is other wlse desergted in rids Section 2, all payrngats by Lander shall be applied in the folbwlsg order of pd aityt (a) fatetr at due under the Note; (b) pdc*d due under the NOW (c) smoWA due under Section 3. Such pgn=ts shall be applied to cacti Periodic ?Nymph in the order in which it beaus d!0. Any Madrdag a uxtab rhdl his applied first to lift charges, sxnnd ao aarathas amo®ta due ouch this Soardq sad then q molests We peioc% ' blase of ft Note. If Leader reoeiva a payment h m Bormwer feet a deliagnent Panodie Payment wbieh includes a atttliciaed aaeowl to pay say brae dr mp due. the pq mt may be applied to On ddbquemt payment a" ft We chasm if morn than one Periodic Paymrmt is ottsmdl% Lander apply any payn"M "caved Groan Barra w x to the re prpnew of the Paiodia Pgnma K rind to *a cam dta4 each payment can be paid in W. To the sultan $4 any a teas wdets aft ibe patymeat Is applied to the top pglaa t of am or 1 7oate ptriaGc Paymew. such e wen may be applied to any lam abarps due. voleertary prgMymon% sbaR be applied first to any prepayment dwgw and than as desafted in the Now. Any gTliahm of payaaersb. u mvw4c prae®d% or b iscellwuous Proceeds to pnrscipal dire m8er toe Note shah not extend or postpone the due dam, or 6up the amow4 of the Periodic Paymeata. v. roaw ...r c?cavn !war. aav.av..w wino t?T w ..cww _w maar,?-auacmc-r-s?o.ouasartrw+o.uuuor . ...... ..... . ebe Nola, vaW du Now L paid in fall. a rota (tbe "Paaadlei to Pic. tar payaaeot of amoaats doe tar. (s) taxer ax! waeanneau end outer bans which oat ausis prim over this Security Inew meat as a Lien or eacutrbrsnce an the Ptapertr; (b) a aaalaold patyme m or ground raw on des Property. If soy; (c) pre "um for any and all insurance required by Lender under Section 5; and (d) Mania huattsnce p if any, or arty sums payable by Barlawer to Lender in lieu of the payaaera of Mortgages Ljmwtcx ptatniuma in accordance with dab provisionu of Section 10. Tbest ite rna are aWW Secrow Items." At oelginesrion or at arty dare doting the taws of the Loan. Leader may Aupirt that Community Association Dues, Feet, and Aaaeseasents, if any. be escrowed by Borrower,. and each dtxs,, fees said Gate ea rents dull be an Ex ow Imo Borrower slash promptly An dsh to Leader all artless of aaa tin t6 be paid under ads SectkoL 41ex twee _a be pay Landes die Funds for Eeapw Runs unless Linder waives Borrower's obligation to pay the Pods A>r soy or all Boom ItWna. Leader may waive Borrower's obligatian 10 pay to Leda Pbnds for any or *0 Eseaow bmwat a" duns Any each waive inns only be in vaidag. Tin the event of aacb waives. Borrower dM pay directly, wtm and where pyabk, the wo mots dare for soy Bamewe Item fern wbedt psymeau of Phoda bas been waived by Lander sad. if Lenrdes regtdr:a. absli Mandeb to Lmdtt reesipta evidaming such perry, meat widdn sash ulna period at Lander map rer{dm Bart ates abHpbm t0 a" nek pgxm a and to prodder xecatft shall far aA proposes be deased to ba a caMenmt and spew eat amAideOd in this Security Inatrmma4 as @ta pbraae'bovamot end a mud In Sectim P. If Honrow?er is obtigeaed to pay Eectow Items dka*. pummA b a waiver. and? u Adis to pay *z msoatat does for an Eseraow Imo, IMAM taly 03=012e ib AS bb artier .9eetian 9 and pay such !mom , and Vann iwrr dwA dies be ablipted amdar Section 9 to reM b Gender my soch sawant !,cadet mar Nvolm the waiver as to testy or all Bx:mw lwwm at any tiros by a aotMe givaa is mQeubm witlt Sesdost 15 nod, upon aamb aevooatiatt. Barlow shall pay to Leader all Paada, and to a* amotr1 that ara then cegahed tndet this Se add 3. Lander mq. it sty dm caRect trod bold Funds in an aaomt (s) mffmkz to pesmis I seder tD apply the: Pothds r< Ilea bete apaaiited umW PJWA, seed (b) Dar to wAzed the omdrstntt mtomet a Lander eta srogaito trader REWA. Landes ddistt estiAgtlG the atnoaan eel Foods dare oe dte belt 711 eato?at dwdb atnd teMSOm6te estaasms of atpendkwu of haatm Ekeraw Items err ofberwiaa in sxasdaaae with ApplimWe Law. yPpOOW?NILVANM-Stytstraadir-eaaaMeUm fre&kMWUt@OttatCdt33ai>t4Bi7 Yom 380LOt OaOMaaaµWk 0441/sM (PaariOHpaa") nu 1892PG3803 110e'rtaa The Fuada shall be held in an Ittghit on whose dtpctsits trine iesacd by a U841781114 federal agettty, instnmmt46ty. Or eotl(y Ondtrdieg TAndm if Larder is an intCttttioa *hm depwita are ao ittasinso at in my Faders! Home Lo Under dwp an Bank. Lerida d an ttppiy the Ptmdtt 10 par the BOerow hleems en lata then the dm epoci6ed Under RESPA. for vntif*S the EWMW M e? EWVMN and VOM &B tea' am=Uy lyres the oaavw atxannt. or ixl's BMWSW hsteresc on the Ptteda and AMBeabie Lw a is APOL Lraidee to mains =* r alVsrge. Uatleas OR agreement is made in writing ar Appliamblt Law mph" iett M be Paid an the Foods, Lcudar shall oat be mgohod to pay Bm mm any rote or eetttings etm the Finds. Borrowhx MW Lendat ran spree is writing, howevm, fhat.intetrst dWlbe paidcuthe Ftteda. LsmtBs dog give to Borrower. without charge, m atmm Wcotmtieg of the Fonds as :U q I , I by RBSPA. If there is a staples of pan & bold in escrow, to delbrod Under RWA. Latdar sdr11 sr?cwiat a Borrower for the excess funds in ewordsom with RESPA. If these is It thorntga of Panda bald k escrow, n, defined under RESPA, L der xUll Ratify Batlewer a MqUkvd by EWA. and Borrower y1m1 Pry to Londar rho mmomtt necemy to msia Up rho sbartage in x=111amw w$b RBSPA. but hi no tram than 12 moo y pumenot it theft is a defcieoey of Funds had in eocmw, rs deGoed tinder PYMA, I ender shall 00" Bonrower as required by RWA, and bartovxr ahtell pay to I Under the an mat necessary 10 tnahe up the &Tm iency in mmottlsaee with RESPA. but in no more d um 12 mortify ptymtam. Upon payment In fall of all mm secured by thin Security h0ulrmt, Lander ,hall promptly refmtd to Borrower MY Ptntds bald by Lerida. 4. Clttsges; Liao. Bmtomm shall pity all toes, uw m mts, cbargsa. fines, And hopoddom attributable co trio Prttpmty ovliiRdt e«ep? attain priority over tee Secoelty Iwtrhnuchi, k uebald psymeeh or grormd teat, on the Property, if nay, and Comnatrtity Assodatim Doe,, Pees. OW Aeenummua, if any. To thte extcat that there item. ire h?saow Ittatls, Bum-mm " PMT them is the Rainier provided in SmOm 3. 8orrowet. (r,) mm in wtW g m the payeamit Of the •-?. and ?,,• ••••w °?"'°"wacoc bets Ltmdhw, bin easly $o 1 °by ? lien in r maamne sooeptabie to nag as Bormwet is PUINMiag soCk 411M (b) caraests the lien to good faith by, or defemda agahm etfinemttttt of the lie,, im, hgd proeu&s which fa IA &e, opinion up so 10 prevent the enforcement of the lien while the a Proceedings,ts Pending. but only ua49 such ptooeodiags ire concluded; or (c) seetues ftam the holder- of elan him an agreement ,sddecitury to Lander subadina tg &e lies to this Security LUalrun-0- If Lenin detenmaee that any ptst of as Pmpaty it subject to a lira vN& can attain puiotity ovc this Sectttity 10 0=04 Lander my glue Bwuww ass m NwAUft the &a. Sqlhdr 10 d,pn cf the dw on which that notice is &M hloerov?sr stall ssmty the Ilan or WO ow or mote of the acdcets set Path above ht Brie Section 4. Y?f I.ettder'my rcq*t Bmmwr to pqy a ato tiate charge for a reap amft tax vaWcadon sad or reparrtg setvios used by Lender is c momdnn with this Lon S. ft*Pwty ltnm mme. Brurowar "ll km* the 11UP vemeats Bow eta ' ,- stns ar haeidler sacred on ttx- Propnrty sawed against lass by Care, baaetds kduded within the tam "extended mycr ge,' and any other " be ig f not tft-mum ? and ?) &W for p"jods ?adW I eadtr uquirm Wbat Lender 1tjQdrea pUwnsmt In the pteoedWS Ittttitmtcas am d imp eludrgg tea ram of toe Lena. 9'ee hie t:stclcr providing do iasnesrce AM bit edtotep by 8vamtar to Lender's e4k to disapprove Befe vacs choice, which r4 ft dWI sot be exercised Umsatsoasbly. I?nder may =qdM Borrower to pity, in counmdoo v*b this Loss, either. W a un& dins dtargp Btt now istim deaUO mAkie, eadideem and tr ichigig amvices; or (b) ¦ me, trine dn1Be fix flood !teen ddcadrAtkn and tx Im --sn services and stbsegrtant oeaga erct ?r?e rearpputg, tt? saldetatnlsfMior or oe a=doa Bor>owa aril alm be with the review of any Hood zomo deer vduf a re» ddu& IV= as t Agmhcy In a on if BOMF*ee fob to a m hrq of tit °m"emes de ?it., above, Ladder may abgda itsarsnce covrsage. at Lrndoes option and Bortowuf'a GXPDM Linder is ntAK so ob>f to pmtehase airy P stype or WOW of tm? Tb per, sett ohaaatgs turd artxr Laren, bat might or might not protect 8oeroww, Horrowe 11 In da Property. or die cotom" of fir Psopsrty, apho any risk httsan . or liability DF94i1Nm8uulh v4,N1A'aotbeFi?^-tlsatfelta,lk?aMM7dan R1g{'1t1 lIT Yom 3W 1001 ?Nrti.r'hz N/91/nap (filer S If J4j mm) HK 1892P&3804 ;W xad m pmvW gfeasa or team oovaage t w was pteviw0j b effect. Borrower oa7NCttdodowwiedias drat the coat of the btsmmks mve nV an obtained mgft mpi!'cx* exceed the goat of insurance dhtt Headvuw could have Obtained. Any amoumb &bumd by Laadar node[ 1166 Section 5 dmR become ad"owl debt of Bortovmt stood by this Seam q 7rutevmwsL Tbut aaoatnts ahtlt bear mtereat at do Now rate fiam the dab of dMumate nt and ib8l ba payablt, wM aach l w i m span i odca from'.ender oo Boetnaer tngreatiag paymetr An' nftnams polkta by Lander and renewals of such policies "be audsj d to, Lancer's eight to &upp ww soon polieia, BW innch de a naodud nmtp p clmc , ad 6haib nom Leader a mmUesce mWor to an additiomi Loss payee. Lander dull have de dgbt w hold fire policies and remewd 020cwte6. If Lender requimm, Bm aw.. Alan pramptiydive to Lender aB receipts of paid pratetatm and rummd notices. If Bede wer obatim any farm of ioau sm coverage, not oWerwho tegWmd by Leader, for damage to. or 4wumtto0n of. tba Pmpetty. such policy don btalude a staadatd:nmI a shoes and ftH name Lender u mmtpgm mWhr as a? Willow Imes payee. In to wm of Ina, Bummer dhall gift prompt nodes to the iaaartnce carrier ad Leader. Ladoc may mobs proof of km if mot made rmVdy by Ba maasuec. Unless L older and Roomer odrerrr w apse in wridri, any insurance proceeds, whether or not the wj&d ing imatwc ; was required by Leader, shad be applied to redwatim of xepdr of the Property, if tits ratotadon at repair is eoammWeelly feasible. and I?aaduor'5 socadty is not lessened. Daring wch repair and rEssantiOn patiod, Lndrr dMU have the deft to bold srcb imramut, pmcdeda until Lander boa lad an opperts t to id apect amb PnwW m caaore the vmark in been coaapieted to Leader's. utidac" provided that such lmpwft doll be underalm pr± uoy. Lestder may thermos pro w& fat the repairs and restoration in a An& paymsa m is a sea of plogra6a payn=w as due wort is CWWIetad. Udlew an IW--- meat is made in wrtdng or Appiieable Lw mgohes host at be paid as such ins+srattea pwowds, Leader dadl not be mgnkmd to pay Bonower may Or esrtdnge as snob proceeds. Fee for public _adP -Pr O Ier @7????_p?_eti_ft t_etaimad by Bammw ? not be paid out of On k m=m proceeds and shtli be the sole oblipntion of--5aaiosrsr. ?f tba tetaouipo?? nr iuipiar i a3t ecvnoit emy Aatdbht-orix+r dee at eudty wvtdd be lessn md, the bwx nm praeeedt ahill be VOW to the mm secured by this Saearity hoar-I. whether or trot them doe. wilt the m cm if say, paid to Bmo-. Sash insumm proceeds atoll be applied in dtc order provided for is Sad= 2. If Borrower shm4mm the Pmperty. Lender may file, w9otiade and settle soy avtilabie iusm= a claim and related noners. If Bum war does not d qmW within 30 days to a notice ftm Leader drat der fit umme curia bas offend to wails a claim. thus Loader tray negatlax and aetde die claim. The 3"a paned will bW cub m the nonce is Vvm in dtbet aveat. or if Lander agtd as the Property under Section, 22 at otlterwite+ Borrower hereby aadpa to Leader (s) Borrorta"s A* ti to arty 11,1 1 roe 1 proceeb its m asnaoet oat to ettoeed mill the atttoanta mr}nid traded ttte Nob a tttia LoommeM and (b) my abet of Barvwoes rg O (odder don the tight to may ratlmd of nnaamed paemiana pdd by Borrowa) under all im rmm policies covering the insofar sa stab erg era oppliodu to dte'eemnge of Me Ptnpcm. Iaadar'Ray in the iwatuaca p Hoards dotes 10 = a resoom eha P,oMty or to pay aiaoaas unpaid under the Note err this Secmity lowmi ant, wbatlm a ant titan doe. IL OeCaplaoy. Borrower shall oce?ry, eot*Hsk and use the Pxmperty ao Borrower's priadpai residence within 6fi days dtar do won" of ibis Soon" h0huma t and won oa?tloae to coon" rite Property as Barmds es pdiadpeL raddmae far st least ow year alley dra date of o y, tmloss Under odderwiu apee6 in wxift W" cornett droll trod bo vore•mousb y widhheid, or ankas eotseeO mkg chMmImuca eadat'which are beyond BOetower'a caeaol 7. paaasnatiam. Malaimmm SW paatMsi'a d the Propwo ; )Vu mdlams. Burrower than not dssdroy. daoe6pa at Wpoir the hgaty, albs the I watty to 4owdomft or taalta6it warts m the: Ptttpettty. Whedser or rant Becowa is relidilg in dw ? Very, >3omm NbtAl samblabn the pxopettZ bt antler m pre oat dm ply fsam err decreasing iat "INS dad is is condition. [ nIm ii is dalsaaued ptaatraet to Steehon S drat repeat' ar? Hoe eoonoadalrldaoh?ie. Boaawer 66ap prnaopely ts?ptirtha l+tgdehty if td avoid tsrddtr detedarail m or destes. if inaarsmoe orcoodcioulliQU ptoocedt ate paid in ct"h@MIkd w W dmW to. or tie MW aC dw Pro". Bomaansar shall be xapaoQnlo ttor repairing or to Propeaty only if Dander has rdmrod proceeds At ? pmpo6es. LRadar mtu dhbasa prvoeods br ? and reatmntioo in a dryft paymaat or id a aeries of poops payateos as Ste wort is campieted. If dw Wakamce of rondmwadon 111tgOnTAMA.-9feglePMdp-!'waNUnWro MUmVN'l'dta[it04AW6=T Yom6p9!Ai ova eerrreoa 04W6cfYdyotre) BK 1892PG3805 IZU7aat prnoaede are not s QMdeat to eepwir or mstorc the Propf:ttY, BlMW is not mliavdd serf Bo"" the .pr's obliEetloe for Ieton or saoh repair(W . OIL It' NEW =MY Aurae teatamble acmes upon and itnpecdoss of the Pttt mw, If it bag ceeeonabk oeme, may ' the Mtlet B iar of the itoptrrvetn=W a des PMWV. ? shots give orrower hoots at the time of arro ouch am feleeiar >R Botvonsaaati taoktt A.ppHquian, Botravea did! be is doAmk if, *s Ian BOmma or any persons cr eoddee soft ate 11"Otlae Cf Hatrom or wh?8aa ~41 Pte' PVC ° ' trdo, trisbsad', ar fm aaate hdxSaim or OMMS m Loader (Or failed to ptov,da? t der with aratadtd irdlafrmtion) in Isom the Loam. ldeflrtial huckde., bet am Not limited to, ?oms dBarowda ac?mcy m>dem?mperty as a >eadmce, Borrower faire 10 perform do covedms sad fb) ftseeft If (s) a?feeneraa mxmofi:rod ig We. Semfty inetoemeot, fb) Bfx?e is it legal P dart might lei placmtly affect t woes intem is the Pwwww andke d*m trtder' :bin Soar ty Itmaraaaemt (a.cJt st a pmoac ttd io bmkvp& ? pmbal? fbr cvondemestfowa or torfafmoa, for ao611, ens aEa lion MAY Altmin e p?1Y? that SoatrFq ituttumeat or to aofotce laws or t?eymdatiooa), at (c) Bwov= hat abae d th do Ptmap", t ands may do ad poky for %Utftw is moon&& ar to pootec ?doea immu K Lc r? Piopetf r and tights wider Chit Sameky Iaanmm w*, E p jl ? apeating #es ad to: of may, as d roaae06 aft raptt43g6 me Psnperty. Larder's aodoes coo bxkwk„ but am not p11*9 MY am eeatmed by a Boon .r" his priority over this Saxuity Imtmntmm (b) appeaiia f to comb and (a) paying tense aablo attorneys' Lau to prom lie iawm is du ft"q mdW Hoge w dw this se"gity k ttwnetd. Wclwfts fee secaned pcaitlon is it bwkmq ay p ume ft, Beau ttY the trope o betiadem, but is m Hmited u• oa t the PrOP to malts SIP" d-V lacks, npf sae or bond up doors and *dWomt, && was Lao pipet. thmimft buNiug or adw code vloiadoes or daagrfraro ocaditwme, ad have OWNes WSW as at off AMmft h Lender maY ttissetiaewadartltir 5ocoa 9; Exsaarbuva ro ito robs iaidis not lei ea - _ _ --. _.._ _ agftW that L M4- imaanao labilky Y S cd ? to do to ?t is My anoams ditbnraed by Le Them Ws erSocdoa 9 shall beaoam addidmd debt of Bart+ w r tw r8d by die Satiny BOMma or. Ibm mmente doll best k t met at die Noce rat Am do dace of &*mse mrat and shad be psyabie. wkh such interest, upon wdoe from Leader b Borrower tegaeada; pvym mL If fts SwIdly lmkumemt is oo a katdwK Bmmwcr d" comply with d rho provisions of the lease. Boerawct shall ant simmuder the leadmid come ad intetean herois convoyed at Weelesse or cmcd toe Vmd Merv. Bonowet Abell mot, without theear - *dam aom®t d Laofieg alto or amasd dam, Vaud lem If Bummer acqutm fee ddt di Pioperq, rho leaaeWd and tbee flee dde situ sot merge maleee Linder q"m to me mww in wddel. luma saL tf leodalr mgvW d Mm" Isa as a Condition of mdftgakr_ Loa, :. PlYM Pmdums to uatlmaio me Imaraaee In sabot If, tar =y Emma. the r. F. by Lander Gomm 10 best t4rtan the martpm foaok x that pt6viou ft W-x' ed sae4 lmamaoae and Bonn sw was rop" to ? selaetmei dWW" f pgnx= towed the premmm for MoqW hlwvncc. BM,owa ghost to equivWcat to die Morlpgc hMt=ce pelevioedyr fa a at a Coat pApdmd k egdvd tome Cost tD Ifwbatae?dly ea? in eBbct, from a aitatn>tee ?nae fetatoar aekated by L,ender, the amour d 1hC oararsyle Is trot anils"al Ho°n°?rtec'.boll coadme to pq to Lender papataah *9 w4M dale velrea do itaaerseoe aoraeage coated to be in text. Lender will accept. ices and regire mesa pegntstti m a nowfetand" lase status li iiee of MottP P InetmratCe: Such loss radme shaft be rroa'L+dYrdubia, trottsl &Awfithe hot there die Lott b aldMM* plead to talt ad Lsodsr abash mot ba coaolmad to Bmum wily harm a asrafop an seek loos tseetrm Loader era no ?regabe Mss raw" pafymattt K helu me cavstap On dro w odt ad fat toe pow that requires) puma by an Lmtdir soft baotwim avaiQokble, is obtain4 tmd LQmda paef soot >smee the d J.odaan ptaelitemok ft WA)isokontoce. tf treader t+sgdred PaY?s toward dta pct for std ti?getp?aer was to atnlta aepaffinely daei?ttwed Mortppa bmwancok in effaat, or ? ? e, tD s"aetain Mcr4pp bswvoee card. ifs acom* me S% any weitefnt agtetmeat bawsm Rotrower a Lender mvMlAg for rU Mul AM-sttokirn Altp- .maamtrdt,laetmafroaatnwsrtetjgM lrom3mun n !Vu UhMIS s. MW7atMpmWj MCIWA BK 18 9.2 PG38'06. 110476" 11047004 such undamion or asdl termhudon is required by Applicable Law. Nod iq in We Section 10 dreas BotrowWs obliptim to pay iaterett st die Tate provided is the Note. Mottytpe humame ntdubwses Louder (or my amy that purchases the Note) for cattain losses it may incur if Bcaowur does not repay the Lola a agreed. Baerower is not a piny to the blKW a hwumom Mmtppe itwMn eetataate Ih& Lord risk on dl ano6 it sume in fotm from *ae b fhoa, and toq ardor into oprsamentr wilt odw podia that shoe or modify than dek, or redpCe losses. TMw t- I10 "' I I t tit 00 tsrma said otrditiaas dart am eatitfactmy to the mcdVpe haver sad the dbw party (or pestiea) to these spraseteaLS. These WftmeM may regen the =fop isomer to make payssente aft IW won of ft s& drat du mortgage inmmr mq have avelbble (nbirh mq iudaft funds obumc d fmm Mostpage Ilssmm pt v*ws), As a rmk of those agreetneats. Lander, nay pmcbsw of the Note, anodw invo= nay Mmurer, say other entity, or nay >i'l IAW of any of the foregoing, may t+ood (may of Wm*) aiaamts that dame Awn (orcbataftrited as) a portion of Hoamwer's psyaimta fm Marlgaps Tasetsoro. k msi wr for ebrsiag or the 131,1311" insmas Halt, or radacag tosser }f atcb iapreemat provldea that m:ff of Laadrr takes a share of the ksarnr's tick in tamhnp fm a tinge of the l re 1tm>s paid m the inritrar, the sgtgagatoent is often teamed "taptiw lempoessq." V%dhff (a) AV WO spt+eesosnts wO not ailed the scamsts Oud Benvwer bas vWsW to pMay faar Maippe lta unww, w mW oftw feartse of the Lem NA apremrmtt vM net kcresse the mmoa d Swown will owe ftrr Martpfape>jttst =W% ad thy' WM not rte aserower to a WIVNWL (b) Any spch spreemmI Will not sued ake rights Basrawer bat - ft am - with ta?pat to the Marfpapa lasttrsstos t udw tbs Ownwewngttt Pn*mtlou Ad of IM or mW otter law. 'T'hese r1ob xW bKk& the rift to tradve oeeI I diedasates, to regal swd obbdn aanodlObn of do 3bk%*pe lump a se, be have rile Meetppe Tawrm a atwimoed antes godly, su&W to twin, a k f x of aw ........... IL Antument of Nbedimesm Praoecdq Poefta& All MisecUnwos Proonk am hereby umped to std shall be paid to Lesder. Tf the Property is dmwWA each l6cellmemn Proceeds " be applied to tmaprs m or topdr of the property, if the mWatioe or tepw is ecoaomiealiy fesfable end Lmder'a security is tw lessened During such rqw and nerwmdw period. Lender shall hgve the right w hold such Nscelleneoas Proceoda until Lender hss bad = oppmav*y to i gmn mcb PrapcM to tisane the work bas beta oompkted m Ltstdcex satisf cum provided dot meh intpeetion dtdl be amdetedreo p vtupt(y Leads may pay fa the repalm And tea oradou in a s+:tgio dish rpenow or i•n"a? anti= of pmpv= paanms w the tank is oompleied. Uden m agmcmem is made in writing at Applkabk lAw coqWxv&4a*w "-pdd on such Miscelhsows Pmeeeds. Leader dhall not be required to par Baaowar sw inlaaet`arttataipgrau seek M scellmeone homeds. If the reaeo Wua or repro is opt ecenomwaVy feaWe ar Leede r s ieeorityii W be lea.aoed„ the Misoelltmeooil%ooeds dell be applied to the sm a soomul by lids Belsky hnen wK whal=er or not then due. with doe owes=, if om paid to Bonwim. stmt Msor>Tasaoae %m& U abail be applied in the aft pwlded for in Seotim L In do avast of it noel tal3sg, deekee u, or log in vebig of ffis PtWetty, rite r sodlwmw Ptocads aball be applied to the q acaril by dds Secmtly bW=wK wbtxbar or not lbw doe, wilt the mums, if my, pad to U mower. To doe ovegt of s pta W tdd% dataeadon, or lea in wlue of rive Property in w6ioh the fair t»tal, vdn of d,e Prvpaty Lmdedhedy hedme tM pwdd taking, dt dniction. or ion in vdm is stied to a orator dtm the talamt of alto tm m seamed by the Set bowman htsoodleWy before the paidd taldup, dwbuAok a loan in vdoe, VOW soff~ and Lapder of mvise sgros k ttaritittp, tke saint womed by rids Sorority Imuvmant dWA bo tndwM by the scsatmt of the Nilemil m m P?+ooeods maiBplfed by die follotrtap ZMod c- (a) the tow amotrtt of the s®a aei:mad ioanediaseiy bafsas *s ps "tdk& des smsaloa, areta in vahie dltided by (b) Ow fair orals Yoko of the Pnopet4 spelt' bd= the pwlW wMap dea mckn, at lea in value Any bdm= shall be paid to Sonowar. lit rite and of a t MA& devrecdoe, or hie in rahae of the prop" in wbocb the tiff taakt t value of the ft"ty bt?ate the partial tddsg, dosttad oti, or loss In vahtc is loss lean dw aasoamt of the !a>rhltVLVAML,A6OFWw -FMMb WMffN UWtMVORIMDti77tOlrlZNT rhw=101stea p rat atrinoa Ma#r&%fl4lWd 8K I892PG3807' 11"7424 llet7sal ssaos scoured bumdIdt* "1" 11 the pandit tdtdng, dewnwion, or lose in value. onlest Borrower and Leatdcr odwwiso agroe is wt>kbsd- the WgcdRamaous Proceeds shalt be applied to the sauna surd by this Security InatMwAK w k*M arnat d w isms era lien due. If the Prttpecty it abort lmd by 8or vw. at if, attar notice by Lender to Bomwa that the Oppoadt,g P rtY (a defined in the bassi sOWM) ofiin to Milos so award to oetpt a claim for dousepa, Borrower fails to teRmd to Letnier wMa 30 days atlat the deal On notice is given, Lcadw is adai d to of0ect and apply the Misoeaae = Proceeds eitbor to reataratian or rep* of the Ptoperq cr to &a asoa swMW by dds Swwty Toef =wit, whoiba or not then die, "Opposi% Patty" means on third party ftaa oats Bonewer Miswuaoeow Proceeds or do party mast wborn Boarower bsa a ri& of action in regard to Miacetuwteom Proceeds, Bamawa shah be in 4dwk if my action at peocceft whadw avR or admiral, is boxen that, in Trader's jw%msat, cooid Wank in w don of the P WKV or grits maaedd ditpaiatavm of I,aodrda iowm in *0 Property or rights ender 06 Sooatiey I I I , ,, q. Bw war om me mach a dbbnh tnd, if weeiagaim has ?occwed?r?ate as provided in Seaton 19. by aarbtt the udw at paoooeditro is be diaoiaed wNh a mbg jodv-mu. puma fb"bw of d!a *mparty or other mstteeusi WP&MM of Larder's inosxesr if the Property or tights under soda bo ttaawa,' k proceeds of say award or tit thr damps that ace attribttW& to the imptdaa= of L WdsIpeat in the Property are hereby asr*sd ad sbari be paid to Lender. M MiaxUaoeoos Proceeds that are pot applied to ftowrodon or repair of der Property ball be applied in the order provided for in Section Z 11 Boarawar Nast )Reload; Fwbenrance by lAwi T Not a Ws;ree. Bxtension of the time far psyntent a modwicee o of Noxtiaadoo of the soap scoured by tide Secarity inlWWAant panted by Lender a Boarowca• or an? Str =uw is lrgaeat of BOMMw AnU aft operate to rdo the liability of Somme or my Suoceaaas in laerest of Borrower. tattles sbsp tot be required to four ,1 Pt pcocoedi ap against any S_ ucoesear aecttrod lty tlds Sectaity basocnmdst rensoa of ioaede the aoo?y ? taw sn®a latoneat of Bonvwer. mY ?? 4>pawl 8artnsrar err a+sy Soaoessass in Any forboaaaoce by Itrada h? eatafinttg an>r aiigbt a restudy btdodbeg, without liadtatyof, Leadrt's a-ceptsofe of poymdots from third amass, avaddo of StrdtsSM in basest of Swowcar Orin amtnmta Was than the sewn= then due. shall ua be a waiver of or prechtde the atxfdo of any d& or retuedy. 13. Jaw tad Seveeel LW ANY; Casfpatrs; Sawmill; odd Msiaaa Hood. Bmwwa coven nu and agrees drat BotmwWs oblipMiom and liability eltsll be J" end several. However, ow Bo mwor who co-rigns obis Somn4 Tofto aria but does not arsenal the Note (a *t"VaIrp (a) is too this Security tastrumew only to mortgage. germs and ofiney do co-dpoes ;merest in *4 Property a tm>ts of d6 Security Irmanauent; (b) is aft persoadly oWWW to pqr the steps seared by tide Security Ieatnmtgptgof{c) a?eers that y aoooatmodsdlosa with t to Lander gad R Seawity bub uaea or avo Note v4do the cf-s, raga ofaenL VW- the trams of ibis obUgatd D do Sees* n of Sw t in I& my Smoasor in htuwtrt of Aosrowrr wuo ""Wes BorrorWS rights sod badw order ddt wAft load is sppsoved by T.atdu shag abada aU of Borro%ves and liabil(ty vodlc this Seca* Lrahttment. Botrvwcr sdtsti sot be released Soardq iasorntasmR t.leaa leader apfa to torch raiesn is wdiling n t oo nd ondstp r offtSwasky b aoatart dM bind (stelae a prodded in Ssctiou 2l sad baadt the aacce:srxs awsWooct. rr'tdLa . CWRWL i ends May eharp Borrower foes for w tea padbaased to ownte ion with liocxo?v porpoa of prelmod Y LeadW& islereat ba the Pxpestpr std tWo woor this Security Tashum=t, kw)Wfio& bad doe lhniaed t4111MU a' loess, poperty ; opeetia add valuaiaa fee. t; segard to ady other fees, ebo ebsetsce of expo attehorithr is this Sows ty imhtitflcot to tsar s t woo tb ibe w >longwer shall na ba cooshtted a a peobdbi6fa am the sthetr)iirtg d snob fee Lindtr dray not cierge leas dud stag exert idy prohibited by dds Sow&y Lt fatamesrt. a ppjy AWVx*le I" . If the Low is sib a m a law widdt Mot maw Jam c>saga, > that hw fa frntly fewrPteted so that the I i ,err aft km omega coleoasd or to be unheated is caomodon with dal Lam exceed du parodied limits, then (a) my such loss chrge"be reduced by the aMOmnt aevtasty to tad ce tbf cbwp to Pf aAl7rrrAMA.Birlleplu.4r. de MarJ1?4a?iali6tseM O?t?A?iiillMttnl torteuntin sow..w a/from li°+tr94FMP@j ai BK 1892PG3808. uma7asa *0 Parzoilled Uuft and (b) any come already t oVOMd hotel Baffm ar weldor soeeeeded 7su refunded to Bomy%w. Leda my elmoae ID JWft this MAW by mdud% As P?Pd owed WdwE traNote or by mdda8 a &= pap+aeeet to Bmawa. If it rothnd t+ednoa pinck4 die M&Wm V& P VRY= mt wielmut my FRmynmu dwp (wbaher or to • pqmyAmw v n p vid be basted •e s ?d Boaow•t•'s scapumm of soy such refund made by ? is we ? the of UY right of action Bormwmr might hava a? ad of rid dkw mmm*mrg to Borrow wail catutnee a waiver of any Writing. Any IS. Nnfks. AS W&M Sivas by Bomvw or Landa in moneadon wadi thb Sa miry Inabummt must be it ftmm r in aftecti m With dais Sftg ty I aMmut aha11 be deemed to bave beat 11 whet to "Bed by otbe: means Notice to by >ft doer mail ar wdua •duadiy delivered to bmmwcr'a wtim address if sent debit to a exp?Y re9?km otimmme. Ma aaWce addma e" be the Properly AddtdleaBathe D Dowse u O= dea bte ;d Law e suborner nodes sddreas by nodce to leader. Borrower ehd1 Ply %oft c who I B•der Bor of rower has imv of adducer. If Lenoir queeyfu a p- I - I, , to hr repat mwew dial, o report a d adye of address du*uo dial Vedfied p? Th ? may LO of omMmmi6 nly am dmeaig B B tan node a only nailer rile Sooww 7maumenr at fay see time. Any suture to Leads dWlba dd fA crbyodae ddt by flirt claw moil to Laude's address st+W ba?m .noes Lender hu dedgmated w e6drm by h °8 b AO°0R to Borrower Arty notice in eorueeton with des Suctaity beer="not be deemed to love bee. SW= to r ny ftr-vtd by Lend- Ar mY notice narked by this $00wiW hMbumaa is des Mquirod coder r Ap* pik o Law, APPHo" Law roodremm will vA dw omen abl the ?' PAY rdp>laedttptt order We Seouft udty 7netruareoz by federal law ad the w of the J? m' NMI" of which tbe Propexty is ? located. 716 SmWily ?'dono t dull be govetued *ad fimilsfim + ablim two Soma* Inum me a are m*d to any to of ADPiicabk le B??e contaLa -Y-e>e.im+idit3dy_.alle?we Law. Appligbie law thaprrdi tar- °e b!`ooalcaQta it nOj* bg-s&M-bat-aach Ana !t7µ11 mot be aomrtrrted :s s pn>Itbiton agtrhve agrettmetrt by eoeursot Is dee snail dot ay provisim or clause cif this Smarhy ho m m or the Note coef)icts wM Applicable Lim. such couNct droll not afkd other provisions of this Somarity Iuetruloca orthe Noe which eat be Given effect without rhos coofictigg peovidot, As used is We Security Irish meor (a) words of the moseolim sender shall mmm and include comsimrdinS muter vmnb or writs of the fmisime Sender, (b) words in the dngalar stall wftb and include the plural and vice veres; fed (e) the wad "may° gives ade discre*m without say ohligatoa lo nine arty acdoa. 17. Bea,wwaft Copy. Boamw dtdi be given am copy of *a Note and of this Security Inattmneat, or R In Samr um. As used in this Section 18. 'Um" to the PCOPW mum itemalk ial !nosiest in the paq,iodselm;, bat out lauited to, those ' for deed, mmv;t for deed. bmdhnm ohs oonmect or escrow agrewmptt ire hieem of %%& b the uvm ftO doe by Borrower eat a flan" to s purcineQ If all at any part of the ftpmw cc my frterwst in the Property is sew or tratldeere I (or if Borrower is rot it naum'd parson and a bmre&W immm it bomma 4 sold at tran termed) without Lender's prior written in Adi of so dos opd m AO not be tom vbed Leurdw if each mores is mcgrad, by probibinxi this SuCUta Iretettaoer?t. Howevq, V 1-0rtdes ? by Appli law provide ; paled of not isw tlm• us qd^ Leader ahaR gift earorter mice of aor Amaiera6ed. The notice dro30 ll days from the deer the notice is given In aoooeda•ee wdth Seaton 15 widim wAiah Bommer a , I pay all raft setaa•d by this Soeurily Itnbnmam u Borrower fails to pay ft= Aux prior to the eatpiratlod of Mb vabK lender nary invoke, my ronedka psemittad by this Security otruraemt w Aw ilardte a4m of dota•d m Bair m. door have the 2W oulbromorm opt After A`ooelwsettae. H Hotrowar meal catatu caseloads. harrower In RWuft of: (a Qve dq'a before oak of the at any rims paler to the exriieat (b) AWL Odur RuP°Ry ! no sOY poieRr o` Mla eottaioed in d& ParsOd Avoc" Ltw SIndt, of (C) m eti?rt epueify for die taroehtaien Of Bcetowsr'f ? to of (a;) -, of aefbeida this SImmumeat. '11 m eomdidooa am; drat Bommar. (e) pays Lender Q rvnaet the, ?reNtid be doe maim We Sanity IMteummt and Qtr Note u if net wede:radon bad oamrsd: (b) PXN?lftLVAHIA-Mv&tiedIse-FmOieb§ Wttrcd&Mesa>SN&OM 1N877te1MlRtIT roemsµ'arra "M/M" M4010ef Htsre+l Fm'4 Sara t)bl 8K 1892PG3809 11e87pe 087#44 ants a" de"t of soy other covemb or atrewmaw. (a) pays all =Poo= - 1 in edfn dq this Security lea Oust, ' but not BMW to, Pe moubie wctueym' term, pa+Dparty bVecdoa and Valuation. fees, and other fsaa i OhVLI[ 6x the propose at ptatea4S Undoes ;ntwm i®? the Elropaty mod don under this Security Instrument; Bond (d) tartar mach action m iiAmw um mmuona* tttt Are am saarre dnt Lamdaes imtaat in the Propeny ad doft inpbr this Saatdity Iosmacuy mod Bormwer's oblio doe to pony the mm atxt+m4 by d ox Setx by Itsmwas+tt, abaa motume wocbamymd I.eader any rej** that Smmwer pale mat ldwbmammat mm and toaPwM in are a strafe of the *M6wbS farmo, Y admad by Lmdrt: (10 cash; (b) money order (e) certified check, bank check uckonr's chwk or crosiiea's cbwk, p aAW any inch chink is drawa aeon ast bsdtmim whose d%v-,*A am tomored by a federal agaaay, kPIM trNOWlity err amity; of (d) Electronic Pan& Tfonrfer. Upon reinatmmanatt by Borrower, tlrir Seewlty Insawnsat and dAipdOM acombd h=by shall sammia My eBbctiva as if no aceale. d m last A 0, f m I m Hamm, fhb: d& to miwbdm mba8 nor apply is pro am of acceleration mmdar section is. A Wn of No" Chm p of Yana fiefsfoes= Nome et Cvriawastce. The Nora a it par" immmea in the Nato (topdbw with nods Seowity Instrumapno am be sold am or mm timer wl*ww prier modes to Borrower. A mate might rw{t in a obenge m the entity (kwwo ms dm "[.can Satiicat") dwt codaatm Palodlc Payromm due uada the Nate and this Security bamrattant end pmfformn other martpge loaf servkdog ddigamioas under the Mott, tots Secu rtty kwkmamot. anti AppUmUm Law Tbata also mipllt be an or man cbm w of du Loma SwAccr tmrdatmd to a ale of the Nona. If there is a d mmp of doe Loma Se rvicar. Borrower will be given written notice of dte dosage wbieb will sofa the name sad addmu of 6m haw Loam Swviear. dw addcrsm to which psymmats sbovld be mWe and any odnec infaranrion PJWA requires in eooneotion with a notice of transfer of xrvicing. If the Note is acid ad &mreafCa d w Lana is sauteed by a Lae Savicer other dam dw purchwer of the Note, the ma%W Tarn saviclns obGgadmu to Boatme opt ndmab *ft the lea Semicar err be wansfaamd m a summon Low 8aviea and =not amemtamd by tiro Note pm dm w udm odtarwime paovidad by doe ]gate putcbuw. Ntadia Barcowac aKx I.ea3ci iugi Comigenb5;!w 37ioa {sa eldtcr-at? individual 8dp a or *a member of a dmem) dun KiM dw cOm petty" s 096M paewtmnc to ibis Secmity Inswam ent or that dbgra that the otba potty bats bremchad say peo*W of. or sty duty owed by reason of. data Samdry Immtrimwmt, until sock &taroww or I artier has atsdfisd tot odtar pmmry (with mach notice, given m compliance with the rryaireatents of Section 15) of such Aepd broach and affa ded the odxr party ba'eto a nmwnmblc parted after dw givittg of such modee to take ootraedve mcdom If Appliable Liw provldes a pine period which meat dvsc before ceradm action care be talxa. than time Wind 90 be deemed to be reasonable far Pow = of this PEMGMOL The notice of mtodandma trend oppottmity to Caro SIVO to Borrower pmrstum to Sectionn Z2 anti tine notice of mccola.tiem gtvmm ton 8ommwee paw to Saxton 18 d M bit cheated to smtiafy the notice and opportunity to tabs ca active action pramou o dd. Section ?A 21 gn6a4raoea. As used b tbia Il admn 21: (a) "Ihumlow 9abatincee we tboae m&atm'y T 'ry defined as lock or hasp sabeamr M. po§aMts. or wastes by SnvirommalAl Lew *d4k faVowim aaboaat m Swint, lamoaeme. other flaommbk or lactic peorala mm prnduca, trwde pesdtada and babitades, volatile eolvwets, mmaaws conumomng w6 ma or Omft dmbyde, acrd u4nactivo mewift (b) "Ba*wmwtal tme me" federal laws and kwa of 9t jmtiadiedan worts the Fewe ty is locwtad to rdrme to bealth, afagr or envbwuoemdd pramedou; (c) "BrArammacIA t amat bmobdem mgy mmpmas action, remedial arnim or ramoval acdaN as dmBaad inEovironmoaad Law; mad (4) an ltammteatal C,omttidon" trams a OwAwaa dot cas cause, contribute t% or odterwim alaw an Bwkoammed Clamp. Ilamoarer shdi not cows or permit the pramoom, mute, diapamd. stomas, or rake of any Hsmdass Subahmmmk or tfrerlaa to txiaase any Hmadaw SAdmotaam, on at in the Property. Bonswer shaft not d0. not allow agyarne elm to tl% w g alder"-- dw Paraporq (an) then is in ritdddon of any >3awkmm d Law. (b) which anon me Bovirammmnnt C amd1don. at (c) *Wk done to do pretence, use, or release of a Ilasatdow 9d atmnma, amlam it eoa ddom d ma a boa dy km mats the value of dam Propag?. The preomdtag two le? tried! nee apply m tits pt..ena, nme, at Romp ca rpm Pxratty of mod gmaaddea of flmrardoa ftsumoem tout ore pacrolly raeopJwd to be gWmpdM to nmrntd reiddeatiul em and w nsdnlanacc of On Property (including. but are limited to. huadous tat otmnoer in coaacmer ptvtlmots). Pt?E?OMMA'YAMA Fm*-Fm bMftT"lalaPCwUNSOMt? Yuanm"LOA p 0 '6 YuA71200. (Par lldMpAP4 OX 18 9-2-PG 3 810 ILO2719+ ZIM814 by B-TOWN "U FOOVOY my PvftdMmIW C give L=dw wnam notloa of (a) any w"mp&o, ddm, deaoxad, lswswt or Other action Stehtaace or Bet k0womtai law of vvMch B o? ?1 ? ? ?y d my ll;aza lm a , " on, mcl"r4 but tea fimtted Oa. $e, ? ge O at tbt(b)tat of eelwa BOVirma of ft y ) isaaae y Hjsmd $abalmncc, tmd (c) my eastiMm canaffects the wins of des lyHoper So prescum. ma or telaue of a l?tsnnleon 3ttnae wlt?t rdvtxady a el tray pd? p?y+ chit my temmal tr AN rya Of MW Hosankm S gee , o PsWuW is eetxetsary, lSeaoveear droll prompts tsfas A mommy tomNU sodoot is accordance wM Bnvitoama W Lave. iVotlioa hotttia tbdl txeaoe coy ob6Sadw as Leader far a Bterhorametd Clamp. NON MUFORM COVENANTS. Borrower cal I esAa f zbw ommm and a(groa as follows: ZZ. Aeodaatlstr lftiasdlas. Leatltr ahdl vitro taotloo is Eearewer paler to aceddratloo fo{lvwlnd Baarstror'a btwth d aaq rarreaaat as• apemaat M am 8eoelgr bak_eat asRpe for to rAadaeatlpa ,MO. Mantles 19aafaat Appiaabfa Law P SIN • llatristr sltaq mold' 1lieemwer d, aasae* otter Adept (q dte ddW f (h) Asa ? t*rsd tee are ds dedsalt (a) wbea tbs dtt[adt =W be wed; Seri (d) 1dt faction: to Caere ft ddaoft w wftww nay reattk 1% aeree. , ...a of for asmrs aoteeed by d& tm Whim >sat:a of b7 r !m" ttS d aft of the prep" I,sndrr she lwom Pam 00 an-etd am rW to f tt ddholt le ? INCIVIARRIMMIG ANSI to ? to assert In the frredoom v Ilse dehdt to 415 acrid a o my G%w ddetm d Bat?t?a*w to ptads?t m and f Oret&ww, _ Lsauiar at ice optics bay a egrdre immeiiate pyewmt b %R of go ftt iWe lntRrongsWoulty at by NGM peamffimg Lmow abseil now to anlteet e1d p . faarted IW in ptstaotdeap ug W, mo e reaaeiles pradded fat dbfe S@Kdm 22. Udwbz but teat Mdttd to, attoreeya' tees sad csem ad title evideece 23. >Zdyre, UP= paid of IM wmu aeeorod by this SOcm* Iasnwoeat, this Secattty Irrtttanent and the wises txfaveyed shell terMAIata and beasts veld. After such accumagc, bander"Wwbwp wd sadafy miz 19*8108 SO=* bsu'lmteab D ewer shall pay aaty mmidtlioa coats. [.ceder may etwp bma..w s fx fa of this SeCtishy but only if the fee is paid to a ftd party for services mndeaed sand the ch rgtag So *m ig pami R*cable Law, ?A. Wsde+ora. Besaowvx. to the 111 permitted by Applicable Law, welva and teekL#w say asTw or defects is proeeedinya to mfotce thin ScMity Ittat[mamat, acrd betvby wave the benefit of my pt+rmm or future Ie*$ XOAdb* ft stay of mcudoa, antecedes of tittle, a ao from atradxmit, levy said sale. and h-mtcad 23. Raboo mom ifetial. Bmnn $ time to ed=ge provided is Sectim 19 shell mend to me hour prior m the emasasooe:emrK of hides a ahmWs cab Or otIm ads pursuant to dds Sectafly imtrament 26. ftmbA" Batrtiywerm acquift tide ? MOr4ftL my of the debt anottrod by this 9eewity l wateent is lean to Woperty than Secarity DtMmcm shall he a pmdum moray mottpSc, lRI?YLYAIRA-?e?spa?o?gatteit lraellM1?e?tNeL6e?tlApt 1N91'RiM?r1T 1wm?R7f Lo MMM. l Imn... (PaX lY pll4paasty BK1892PG381 1 13.07e94 11097941 27. bbsrat PAte Auer JuO m oL 9otr m agrees dw the later art rate payable after a judpmun is entered on the Note or in sat action of nwrtpp foredosure shall be the rife payable from time to dine under the Note. BY SKRdNG BELOW. Borrvsuer aceepu said agrea to the cartes and covenants contained in this Secmoay lustrnment and in any Rider ex&xftd by Bom ma aad recorded with it. -J ,g. ? - -/?. /,o y - 80- >a z WILSM - buts _,. PEMNgYLVAPRA-Style ?ea{ly-Fseale MsdFYeAdbMro Ut t IIVdITkMM 1Fam 3M 1/01 RMU am a". fpor 13 de"Pwo SK 1892PG3812 11467911 1101714 [C! $IIOW'?bli 1Lfao Fotr AtlgsoW@atj ?? r O On ttds the t 77W day of b Elrt/Ei't,r 2*,/ , before nw, t' Ir hd J4,-,tON qT=xd S1 VET L.. W1 L fd ?+ the mderetVW offtar, personalty known to me (Or SAW2dodly proven) to be the person(s) whole 0anae IS Sub9cnbed to the within ing[;nmettt and wAmawlodged Ow 4 F aawted the same ft the Vaposes therein contained. In *tm- wher&K I bmanto set my hand and ofaal goal. NbTARMSME-Al. OHRIB DAM fm, NOTARY pUgW W8FM 20, idAY 4006 Title of Offi My Commigsion Expires: CBRTMCAT$ OF RESIDFNM- I do hereby certify that the correct address of the within-named lender is 6920 c11lop(& kv81m 30'1'8 rL (ICl2LAGt7lt) , WOODLLM SILLS, CA 91367 witaca my hand this 27th day of DoawWber, 2004 , -,?O Agent of Leader >'4LVANlA-%n* FWWk -FmwkItaahwwakmftt1NW'gMuWMVMgW Man 30P Lot IRVIRV6 asi"Joe" (1'w U d 14pa-) UK t 892PG38 13 Title No. 17862 SCHEDULE C LEGAL DESCRIPTION ALL THAT CERTAIN piece, parcel or tract of land, situate, lying and being in Dickinson Township, Cumberland County, Pennsylvania, more particularly bounded, limited and described as follows, to wit BOUNDED on the West by property now or formerly of Robert t3arbqur, on the South by Pn3P* now or formerly of the Estate of Foster Rookey; -on the East by property now or formerly of Howard Starner; And on the North by property now or formerly of Earl IGng; having a width on the North and South ends of 100 fret, more or lose, and extending in depth on the West side of 550 feet, more or less, and on the East side 575 bK more or less, and being Improved with a frame house known and numbered as R.D. No. 2, Box 1428, Gardners, Pennsylvania 17324. BEING THE SAME PREMSESwhieh Grayson P. Showers, widow, by.Der d da d November3,1995and necorded November 9. 1995 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 130, Page 1136, granted and conveyed unto Zena M. Wilson, Grantor herein, her heirs and assigns. AND THE SAID Zena M. Wilson has since married and Is now known as Zena M. Keys, AND THE SAID ScottA. Keys, husband of Zena M. Keys, joins In this Dead waling all of his right, title, and Interest in or to the hereindescribed property. UNDER AND SUBJECT TO an Easement Agreement dated August 28.1995 and recorded November 6,1995 in Record Book 507, Page 837. tit's to be recorded '-!mite land Cowity PA Recorder of Deeds BW 18"92.F63 R,th ADJUSTABLE RATE NOTE (6-Montt LIBOR Inchon - Rate Caps) (F uU Buduees Day dPraxdft Montt Lookbact) 11027884 ur?ar Loan 0: 11087824 THIS NOTE CONTAINS PROVLSION3 ALLOWING FOR CHANGES MEN: 100189700310479840 IN MY UnIMEST RATE AND MY MONTHLY-PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND TITS MAXIMUM RATE I MUST PAY. Cneotabar 27,,2-904) ?tY 1tR Pa [Stater"" 1409 ppppypr mAD,, PU 17924 fate [Property Address] 1. BORROWER'S PROMISE TO PAY CERTIFIED COPY 01FQXK In retain for a loan that.I have received, I Promise to pay U.S. $ 48, 000-. 00 (thin -noun is called ' PrincipaY1, Plus interest, to the order of the Lender. The Lender is MC N ORTGAM CMP. I will make all payments under this Note in the form of cash. check or money order. I understand that the Lender may trenkfer this Notes The Lender or anyone who takes Us Note by transfer and who is entitled to receive payments ruder.dds Note is called the "Note Molder." 2. INTEREST Interest will be charged on unpaid principal until the fail anKnmt of Principal has been paid. I will pay interest at a yearly rate of 5.925 %. The interest rate I will pay will change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both bef o and after any default described in Section 7(B) of this Note:. 3. PAYMENTS (A) - Time sod Place of Payments I will pay principal and interest by malting a payment every month, I will make arty monthly payment an the lot day of cub month beginning on rebruary 1' 2005 I will make these payments every mouth radii I have paid all of the principal ad interest and my other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on January 1, 2029 . I still owe amounts under this Note. I will pay those amounts in fbn on that date, which is called the "Maturity Date." I will make my monthly payments at 6901 IR in .C8 mm Dam, IRVINE, CA 92618 or at a differerd place if requited by the Note Holder. (B) Amom d efMy Idtlai Monthly Payment Each of my initial monthly payments will be in the amount of U.S. S 285.47. This amount may charge. (C) Monthly Paymetnt Changes Ganges in my monthly payment will reflect changes In du unpaid principal of my loan and in the interest rate that I must Pay., The NOW Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of the Notes 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Cringe Dates The itdaest rate I will pay may change on the first dry of January, 2007 , and may change on tlnt•day every 6th month duieatter. F.acb dace on which my interest rate could change is called a "Change Date." (B) The Index Begmmng with the first Change Date, my interest rate will be based an an Index. The `Udox" is the six month London Interbank OflEred Rate ("MORI which is the average of Interbank offered rates for sit-month U.S. dollar- denominated deposits in the London market, as publiabW in The Will Smee Journal. The most recent Index figure available as of the first-business day of the mooti immediately preceding the month in which the Change Date occurs is called the "Current Index." MULTISTATE AD.1MAKX RATS NOTS4Maa4 LOOK Idea Mind Bakas Day Looab**k-S a8ha F may.- eocvwyt Page I of 4 o0omrn.rra e7/UM" ? ? `?, ?- 11987884 11087891 If the Index is no longer available, the Note Holder will choose a new index w1wA a based upon comparable information. The Note Holder will give me notice of this choice. (C) Ca ndation erGanges Before each Change Date, the Note Holder will calculate-my new interest rate by adding Five and Fiver-Z19hthe percentage point(s) ( 5.625 %) to the CwTent Index. The Note Holder will then round the result of this addition to the nears one eighth of ate percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will. be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at'the Clump Date in fall on the hhba ty Daps at my new interest rate in substurei. ly- equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 7.425 % or lees than 5.925 96.1berea[ter. my interest rate will never be increased or decreased an any single Change Date by more than one percentage Point(s) (1: 000 %) from the rate of interest I have been paying for the preceding 6 months. My interest rate will De i be greater than 12.425 %, or less than 5.925 'k. (E) Elective Date of Comes My new interest race win become effective an each Change Date. ,I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (il Notice of Cb ges The Note Holder will deliver or malt to me a notice of any changes In my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. S. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time beftue they are due. A payment of Principal only Is known as a "Prepayment" When I masse a Prepayment, I will ten the Note Holder in writing that I am doing am I may not designate a . payment as a Prepayment if I have not made ail the monthly payments due under the Note. I may main: a fall Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use. my prepayments to reduce the amount of Principal that I owe'under this NoIL However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount bc& applying my Prepayment to reduce the Principal amount-of the Note. If I make a partial Prepayment, there will be no changwin d*dtk dates of my monthly payment unless the Note Holder agrew in writing to those changes. My partial Prepayment"may reduce else amount of my nouddy payments after the fast Change Date following my partial Prepayment. However, any redaction due to my partial prepayment may be offset by an interest. rate increase. 6. LOAN CHARGES If a law, which applies to this loan and which sets maxin n n loam charges: is finally interpreted so that the interest or other loan charges collected or to be collated in connection with this loan exceed the permitted limits. then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any aura already collected from me which exceeded permitted limits will be refmaded to ma Tits Note Holder may choose to halm this refund by reducing sloe Principal I owe under this Nate or by making a direct payment to me. If a refund reduces Principal, the reduction will be creaked as a partial Prepaymea. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late C1twW for Om due Payments If the Now Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 96 of my overdue payment of principal and interest. I well pay this late charge promptly but only once on each Ism payment (B) DeCaatt If I do not pay the thll amount of each monthly payment on do date it is due, I will be in default (C) Notice of Default If I am in default. the Note Holder rosy send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the fmU am mut of Principal which has not been paid and all the interest that I owe on that amount. That date merest be at least 30 days after rho data as which the notice is mailed to me or delivered by other meam. Iv MTMATR ADJUSTABLE RATE NOTE-6-M=* LIBOR Indu MM nudeca Davy L0W*Gd*4Ua& Faoily- ooctswn Pans 2 of 4 - - ooeaenK.va w/oar/sew 11047664 11067884 (D) No Waiver by Note 8dder Even if, at a time when I am in default, the Nona Holder does not require me to pay immediately in fall as desmbed above, dye Note Holder will atlll have the right to do so if I am in default at a later time. (E) Payment o(Nofe Holdet's Costs sad Ficpease6 If the Note Holder has required me to pay immediately in fall as described above, the Note, Holder will have the right to be paid back by me far all of its costs and expenses in eafo' ins= this. Note to the extent not prohibited by applicable law. Those expenses include. for eowmple,.reasonable attorneys' feeta L GMNG OF NOTES i Unless applicable law requires a different method. a?, notice that must be gives to me under this Note will be given by delivering it or by umTmg it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice chat must be given to dye Note Holder under this Note win be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Noo% including the promise to pay the fun amoymt owed. 'Any person who is it guarantor, surety or endorser of this Note is also obligated to do these things :Any person who takes over these. obligatiom including the obligations of a guarantor, suruy or endorser of this Note„ b aiad obligated to keep all of the promises made in this Note.-The Note Holder any enfottx its rights under this Note against each person individually or against all of us togetber. This means dint any oat of us may be required to pay all of the amounts owed under this Note. I& WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. . "Presentmat". means the right to require the Note Holder to demand payment of amounts dui. "Notice of Dishonor" means the right to require, the Note Holder to give notice to other persons that amounts due have not been paid 11. UNINORM SECURED NOTE This Note Is a udk m instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage. Deed of Trust, or Security Deed (the "Security Instrument-A dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not beep the promises which I make in this Note. That Security Instrument describes how and under what omditions I may be required to maim immediate payment in . frill of all amounts I owe u this Note. Some of those conditions we described os follows: Trader of fee Ph"M or a Beneffdd Interest In Bo mower. As used in this Section 19, "interest in the Property" means any legal or beneficial interest in the Property, including. but not limited to. those beneficial interests tranderrod in a bond for deed, contract for deed, installment asks contract or escrow agreement. the intent of which is the wander of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest In the Property is sold or transferred (or If Borrower Is not a natural person and a.bcacftW interest in Borrower is acid or transferred) without Ira Wa prior written content. I?entkx may require immediate payment in fun of all sums seared by this Security Instrument However. this option shall not be exercised by Leader if such exercise is prohibited by Applicable IAW. MULTS TATS ADJIWAOLE RATZ NOT"MamA LIBOR rades MM Bddt Day isle F-dr DocuDM - Pa`s 3 d4 . aomoer ,VW h10013004 ¦ r i t 11087984 11087894 If I.endCi ehtadses die option to requim h mediaw payment in link Lender shsU lid Barowar nod= of acalaaaon: The notice shell provide a period of act less than 30 days hem the date the notice is given in accordance with Section 15 widdn which * Bo m a awes pq all sums scchned by this Scarily Insttrment. If Ba owa fails to pay these sum prior to the c*adon of this period, leader may invoke any mmedies permitted by this Sccwity Insnusent without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. ??/???izizs/ - Borrower - L NILSCK - Oats - ISO Ohilbw ORW MMT STA776 ADJUSTABLE RATE NOTE,4-MomL LIBOR Index (Pint Badara0 Day Lemadwxk~ Famiy Docvnrx4 Pa`s 4 d 4 DOCCOrld.Vli 07/02/2004 ?x O 0 C W E N OCWEN Loan Servicing. ".C C 12650 Ingenuity Drive Orlando, Florida 32826 WWW.OCWEN.COM August 02, 2007 VIA First Class Mail VIA Certified Mail (return receipt requested) Certified Number: 71069017515117173493 Reference Code: 0707 Steven L. Wilson 1409 Goodyear Road Gardners, PA 17324-0000 Loan Number: 34175778 Property Address: 1409 Goodyear Road, Gardners, PA 17324-0000 PLEASE SEE THE ENCLOSED DOCUMENT This communication is from a debt collec r attempting to co er any information obtained will be used for that purpose. .01 DACT91.11 a aent; M ? .. A)r WEN Loan Servicing. "•C 12650 Ingenuity Drive Orlando, Florida 32826 OCVV EN August 02, 2007 APPENDIX A ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE WWW.OCWEN.COM 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 (MMAP) may be able to help to save your home This Notice explains how the program works. To see if HEM" can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN THIRTY (30) DAYS OF THE DATE OF THIS NOTICE 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 call the Pennsylvania Housing Finance Agency toll free at 1 800 342-2397 (Persons with impaired hearing can call (717) 780-1869) This Notice contains important legal information. If you have any questions representatives at the Consumer Credit Counseling Agencv 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 SUMAJMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. USTED PUEDE 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): PROPERTY ADDRESS: Steven L. Wilson 1409 Goodyear Road Gardners, PA 17324-0000 LOAN ACCT. NO.: 34175778 ORIGINAL LENDER: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CURRENT LENDER/SERVICER: OCWEN DAM1.11 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. _........ _.._....:x OCWEN Loan Servicing. ".C 12650 Ingenuity Drive 70 ° W '?... E ..... N : Orlando, Florida 32826 WWW.OCWEN.COM O C HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN -SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE --Under the Act, you are entitled to a temporarv 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" meetine 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 agency 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 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). DACT91.11 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. .. _ ............. . . : x OCWEN Loan Servicing. ".C 12650 Ingenuity Drive :0 ; ._° c ._.._' w e_._N ; Orlando, Florida 32826 WWW.OCWEN.COM 0- HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it uv to date). NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 1409 Goodyear Road, Gardners, PA 17324-0000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 3 payments in the amount of $ 566.56 from June 01, 2007 through August 02, 2007 DETAIL SUMMARY : Principal and Interest ................................. $ 1,021.89 Interest Arrearage ..................................... $ 0.00 Escrow .................................................. $ 1,065.30 Late Charges ........................................... $ 156.14 Insufficient Funds Charges ........................... $ 0.00 Fees / Expenses ........................................ $ 151.60 Suspense Balance (CREDIT) ........................ $ 209.44 Interest Reserve Balance (CREDIT) ................ $ 0.00 TOTAL DUE .......................................... $ 2,185.49 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 $2,185.49, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by Monev Gram, Cashier's Check, Certified Check or Money Order made payable and sent to: ,:,_KWFN P.O. BOX 6440 CAROL STREAM, IL 60197-6440 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) 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 Drevent the sale at anv 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 Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. DACT91.11 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. . E OCWEN Loan Servicing " `C ' 12650 Ingenuity Drive `O' O C W E N Orlando, Florida 32826 WWW.OCWEN.COM 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 servicer. HOW TO CONTACT THE SERVICER: Name of Servicer: OCWEN Address: P.O. BOX 24737 WEST PALM BEACH, FL 334164737 Phone Number: 800-310-9229 Fax Number: 407-737-6300 Contact: Performing Collections Dept. EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X 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 MAY ALSO HAVE THE RIGHT: TO SELL*THE P WPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEI&T 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 (3) 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 DACT91.11 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. f) U.S. Bank; N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMCI, Mortgage Pass-Through Certificates v. Steven L. Wilson VERIFICATION The undersigned is Default Servicing Liaison of Ocwen Loan Servicing, LLC on behalf of U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates and as such is familiar with the records of said corporation, and being authorized to make this verification on behalf of Plaintiff an officer of the corporation and being authorized to make this verification on behalf of Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint-are taken from records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Ocwen Loan Servicing, LLC on behalf of U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005- WMC1, Mortgage Pass-Through Certificates Date: November 5, 2008 Nam . essica Dy as Titl : efault S cing Liaison Com y: U.S. 1, N.A. Loan: 34175778 07-30273 h iv v c ro r,.CASE NO: 2008-06689 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NA VS WILSON STEVEN L MICHELLE GUTSHALL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WILSON STEVEN L the DEFENDANT , at 0011:56 HOURS, on the 22nd day of November , 2008 at 1409 GOODYEAR ROAD GARDNERS, PA 17324 CATHY WILSON by handing to SPOUSE OF DEFENDANT together with a true and attested copy of COMPLAINT - MORT FORE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 11.00 .00 10.00 .00 39.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline' 11/24/2008 SHAPIRO & DENARDO By. Deputy Sheriff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-06689 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NA VS WILSON STEVEN L MICHELLE GUTSHALL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon OCCUPANT the DEFENDANT , at 0011:56 HOURS, on the 22nd day of November , 2008 at 1409 GOODYEAR ROAD GARDNERS, PA 17324 by handing to CATHY WILSON OCCUPANT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge W"46P 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 11/24/2008 SHAPIRO & DENARDO By: Yh I Deputy Sheriff of A. D. SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 07-30273 U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates PLAINTIFF VS. Steven L. Wilson COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:08-6689-CIVIL TERM DEFENDANT(S) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES Enter Judgment IN REM in the amount of $54,288.06 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 Interest at 8.5% from July 1, 2008 to December 31, 2008 (184 days @ $10.71 per diem) Interest at 8.25% from January 1, 2009 to April 15, 2009 (105 days @ $10.39 per diem) Late charges (for certain months prior to default and every month after at a rate of $16.51 per month) Escrow Advance (As stated in Complaint) Property Inspections Suspense/Unapplied Balance Appraisal Fees Prior Foreclosure Fees Title Search Report Fees Attorneys Fees TOTAL AMOUNT DUE $46,976.62 $1,970.64 $1,090.95 $474.88 $576.22 $42.00 ($237.41) $222.00 $943.50 $925.00 A $2,303.66 $54,288.06 BY: I k - M' hael J. Clark, Esquire Attorney y for Plaintiff If 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 $54,288.46. 4f-fie. Prothy. 07-30273 #/t!%9' u 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. 07-30273 U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMCI, Mortgage Pass-Through Certificates PLAINTIFF VS. Steven L. Wilson 1409 Goodyear Road Gardners, PA 17324 DEFENDANT(S) STATE OF: Florida COUNTY OF: Orange COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: !,X (#?? 9 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. Ocwen Loan Servicing, LLC on behalf of U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates By: A Ile I I V)OD NAME: essica Dy s TITLE efault Se cing Liaison Sworn to and s cribed be ore me this 5tTETMr Otary Public HEATMA.SNOR 07-30273 W COMM" t DD X3114 EXPIRES: J*9, 2011 "K" "wu "0" Puce *" "wr. 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. 07-30273 U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates PLAINTIFF VS. Steven L. Wilson DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 08-6689-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, December 15, 2008 to the following Defendants: Steven L. Wilson 1409 Goodyear Road Gardners, PA 17324 Tiffany Donnell, Legal Assistant to Ilana Zion, Esquire for Shapiro & DeNardo, LLC 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. 07-30273 U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates PLAINTIFF VS. Steven L. Wilson DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 08-6689-CIVIL TERM NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Steven L. Wilson DATE OF NOTICE: December 15, 2008 vy.:.,. 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 action 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 cone 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: Steven L. Wilson 1409 Goodyear Road Gardners, PA 17324 \xw le Ilana Zion, Esquire Shapiro & DeNard C Attorney for Plaintiff 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. 07-30273 U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMCI, Mortgage Pass-Through Certificates PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:08-6689-CIVIL TERM VS. Steven L. Wilson DEFENDANT(S) 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: Steven L. Wilson 1409 Goodyear Road Gardners, PA 17324 Date mailed: L4 I ? 0 1 SHAPIRO & DENARDO, LLC BY: V\'-? ? V-\-, Michael J. Clark, Esquire Attorney for Plaintiff 07-30273 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. 07-30273 U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates PLAINTIFF vs. Steven L. Wilson DEFENDANT(S) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:08-6689-CIVIL TERM CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor (Plaintiff) is: U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates 1675 Palm Beach Blvd. West Palm Beach, FL 33401 and that the last known address(es) of the judgment debtor (Defendant(s)) is: Steven L. Wilson 1409 Goodyear Road Gardners, PA 17324 SHAPIRO & DENARDO, LLC BY: Michael J. Clark, E uire Attorney for Plainti f 07-30273 R ?z ,rr 3F THE 10''Ap'y mg FR II N" 1: 42 otlxc? p o ` TIq S,stois4 v " aas'" OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEASCumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Curtis R. Long Prothonotary TO: Steven L. Wilson 1409 Goodyear Road Gardners, PA 17324 U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMCI, Mortgage Pass-Through ; Certificates PLAINTIFF vs. Steven L. Wilson DEFENDANT(S) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:08-6689-CIVIL TERM 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 proceedi as indicated below. Curtis . o g 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: () Confessed Judgment () Other U.S. Bank, N.A., as Trustee for the registered File No. be- LDl?B9 holders of MASTR Asset Backed Securities Amount Due $54,288.06 Trust 2005-WMC1, Mortgage Pass-Through Interest April 16, 2009 to September 2, Certificates 2009 is $1,717.94 PLAINTIFF Atty's Comm Costs vs. ' Steven L. Wilson DEFENDANT(S) TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment safe, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) See attached Legal Description PRAECIPE FOR ATTACHEMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. , n Date: `?' !(o d q Signature: V? Print Name: Michael J. lark, Esquire Address: 3600 Horizon Drive, Ste. 150 King of Prussia, PA 19406 Attorney for: Plaintiff Supreme Court ID # PA Bar # 202929 Flt ED- F ICF F THE P '- ?P NOTARY ,109 APR 17 Pill 1: 42 *ay.oo PA ArrY 39 . oo CSF' I lv. oo 11 78.50 174. oo - Pb Any U.oo tie 'Co • 50 LL eioswotaq .2 a3s99 U?? 4ss?o/ 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. 07-30273 U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates PLAINTIFF vs. Steven L. Wilson DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 08-6689-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates, 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 1409 Goodyear Road, Gardners, PA 17324. Name and address of Owner(s) or Reputed Owner(s) Steven L. Wilson 1409 Goodyear Road Gardners, PA 17324 2. Name and address of Defendant(s) in the judgment: Steven L. Wilson 1409 Goodyear Road Gardners, PA 17324 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates 1675 Palm Beach Blvd. West Palm Beach, FL 33401 Commonwealth of PA Dept. of Revenue #280946 Bureau of Compliance Harrisburg, PA 17128-0946 Brenda Quayle c/o Erie Insurance Group P.O. Box 2013 Mechanicsburg, PA 17055 Cumberland County Adult Probation Courthouse, 3rd Fl. Rm. 302 1 Courthouse Square Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates 1675 Palm Beach Blvd. West Palm Beach, FL 33401 5. Name and address of every other person who has any record lien on the property: 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 1409 Goodyear Road Gardners, PA 17324 Kathy Wilson 1409 Goodyear Road Gardners, PA 17324 IL 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: ?n? I L - Michael J. Cl k, Esquire 07-30273 .t RLE0-Wt:'I:I OF THE Fhb T- ,;O TIARY 2009 APR 17 PM 1: 4 2 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. 07-30273 U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates PLAINTIFF VS. Steven L. Wilson DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 08-6689-CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Steven L. Wilson 1409 Goodyear Road Gardners, PA 17324 Your house (real estate) at: 1409 Goodyear Road, Gardners, PA 17324 is scheduled to be sold at Sheriffs Sale on September 2, 2009 at 10:00 am, in Cumberland County Sheriffs Office 1 Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of $54,288.06 obtained by U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates (the mortgagee) 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: The sale will be cancelled if you pay back to the mortgagee the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 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. 2. You may be able to stop the sale through other legal proceedings. 3. 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. 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. 2. 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. 3. The sale will recorded only if the purchaser pays the Sheriff the full amount of the bid. To find out if this has happened yet, you may call the Sheriff's Office at: 717-240-6390. 4. If the amount due from the purchaser is not paid to the Sheriff, the sale must be rescheduled. 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, if necessary, to evict you. 6. You may be entitled to a share of the proceeds, which were paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff within 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 posting of said schedule of distribution. 7. 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 COLLECTIONS PRACTICE ACT, THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 07-30273 ALL THAT CERTAIN piece, parcel or tract of land, situate, lying and being in Dickinson Township, Cumberland County, Pennsylvania, more particularly bounded, limited and described as follows, to wit: BOUNDED on the West by property now or formerly of Robert Barbour; on the South by property now or formerly of the Estate of Foster Rockey; on the East by property now or formerly of Howard Starner; and on the North by property now or formerly of Earl King; having a width on the North and South ends of 100 feet, more or less, and extending in depth on the West side of 550 feet, more or less, and on the East side 575 feet, more or less, and being improved with a frame house known and numbered as R.D. No. 2, Box 142B, Gardners, Pennsylvania 17324. BEING THE SAME PREMISES which Grayson P. Showers, widow, by Deed dated November 3, 1995 and recorded November 9, 1995 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 130, Page 1136, granted and conveyed unto Zena M. Wilson, Grantor herein, her heirs and assigns. AND THE SAID Zena M. Wilson has since married and is now known as Zena M. Keys. AND THE SAID Scott A. Keys, husband of Zena M. Keys, joins in this Deed waiving all of his right, title, and interest in or to the hereindescribed property. UNDER AND SUBJECT TO an Easement Agreement dated August 28, 1995 and recorded November 6, 1995 in Record Book 507, Page 837. BEING the same premises which Zena M. Wilson, now by marriage Zena M. Keys and Scott A. Keys, wife and husband, by Deed dated December 27, 2004 and recorded in the Cumberland County Recorder of Deeds Office on December 29, 2004, granted and conveyed unto Steven L. Wilson, a married person. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-6689 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK, N.A., as Trustee for the registered holders of MASTR ASSET BACKED SECURITIES TRUST 2005-WMC1, MORTGAGE PASS-THROUGH CERTIFICATES, Plaintiff (s) From STEVEN L. WILSON (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 $54,288.06 L.L. $30 Interest from 4/16/09 to 9 /02/09 -- $1,717.94 Atty's Comm % Due Prothy $2.00 Atty Paid $174.00 Other Costs Plaintiff Paid Date: 4/17/09 Curtis R. Lo Arothon ry (Seal) 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: 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. 07-30273 U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 08-6689-CIVIL TERM VS. Steven L. Wilson DEFENDANT PRAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY: Kindly mark the Judgment entered on April 17, 2009 in the above entitled action vacated without prejudice to Plaintiff. SHAPIRO &lD_eNARDO, LLC BY: 1? V \ V ? Michael J. Clark, Esquire Attorney for Plaintiff 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. 07-30273 U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates PLAINTIFF VS. Steven L. Wilson DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 08-6689-CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the Praecipe to Vacate Mortgage Foreclosure Judgment on d? a to all parties named herein at their last known address or upon their attorney of record as below listed by regular mail, postage prepaid: Steven L. Wilson 1409 Goodyear Road Gardners, PA 17324 SHAPIRO & DeNARDO, LLC BY: A \ Michael J. Cl k, Esquire Attorney for Plaintiff i THE O 2009 JU,L. 23 PF1 I : It v UY: #a.oo PD A"y a' 33( (Q17 (o ow aag36S 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. 07-30273 U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates PLAINTIFF VS. ' Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 08-6689-CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter SETTLED, DISCONTINUED AND ENDED, without prejudice. SHAPIRO & DeNARDO, LLC BY: Michael J Clark, Esquire Attorney lor Plaintiff L 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. 07-30273 U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates PLAINTIFF VS. Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming ; Right, Title Or Interest From Or Under Steven L. Wilson DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 08-6689-CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that I h ve served a true and correct copy of the Praecipe to Settle, Discontinue and End on to all parties named herein at their last known address or upon their attorney of record as below listed by regular mail, postage prepaid: Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson 1409 Goodyear Road Gardners, PA 17324 SHAPIRO & DeN O, LLC BY: Michael J. C k, Esquire Attorney for 'Plaintiff r%C vu 7?t MA Z AUG 13 PH 3:, 213 CUMBEFLANU COUtM Sheriffs Office of Cumberland County R Thomas Kline ,? Sheri f ' T i .y Ronny R Anderson rp c , „ `- •:. ?; - a .:: r f l; Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor U.S. Bank, N.A., as Trustee for Case Number vs. Steven L Wilson 2008-6689 SHERIFF'S RETURN OF SERVICE 06/24/2009 07:12 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 6/24/09 at 1910 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 Steven L. Wilson, located at, 1409 Goodyear Road, Gardners, Cumberland County, Pennsylvania according to law. 07/06/2009 07:12 PM - 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: Steven L. Wilson, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant Steven L. Wilson, defendant is deceased. 07/16/2009 Property sale cancelled on 7/16/2009 07/16/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, per letter of instruction from Attorney Michael J. Clark this date. SHERIFF COST: $500.21 ,/ ?/ .,-(' / 0 y ,?' August 25, 2009 SO ANSWERS . R THOMAS KLINE, SHERIFF r A SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY 1. D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 07-30273 U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC 1, Mortgage Pass-Through Certificates PLAINTIFF vs. Steven L. Wilson DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 08-6689-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates, 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 1409 Goodyear Road, Gardners, PA 17324. Name and address of Owner(s) or Reputed Owner(s) 2 3 Steven L. Wilson 1409 Goodyear Road Gardners, PA 17324 Name and address of Defendant(s) in the judgment: Steven L. Wilson 1409 Goodyear Road Gardners, PA 17324 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold:: U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates 1675 Palm Beach Blvd. West Palm Beach, FL 33401 Commonwealth of PA Dept. of Revenue #280946 Bureau of Compliance Harrisburg, PA 17128-0946 Brenda Quayle c/o Erie Insurance Group P.O. Box 2013 Mechanicsburg, PA 17055 Cumberland County Adult Probation Courthouse, 3rd Fl. Rm. 302 1 Courthouse Square Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates 1675 Palm Beach Blvd. West Palm Beach, FL 33401 5. Name and address of every other person who has any record lien on the property: 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 1409 Goodyear Road Gardners, PA 17324 Kathy Wilson 1409 Goodyear Road Gardners, PA 17324 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or infornnation and belief. 1 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: \?? Z:?z I L- _ Michael J. Cl rk, Esquire 07-30273 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. 07-30273 U.S. Batik, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates PLAINTIFF vs. Steven L. Wilson DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 08-6689-CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Steven L. Wilson 1409 Goodyear Road Gardners, PA 17324 Your house (real estate) at: 1409 Goodyear Road, Gardners, PA 17324 is scheduled to be sold at Sheriffs Sale on September 2, 2009 at 10:00 am, in Cumberland County Sheriffs Office 1 Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of $54,288.06 obtained by U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates (the mortgagee) 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: The sale will be cancelled if you pay back to the mortgagee the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 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. 2. 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. 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. 2. 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. The sale will recorded only if the purchaser pays the Sheriff the full amount of the bid. To find out if this has happened yet, you may call the Sheriff's Office at: 717-240-6390. 4. If the amount due from the purchaser is not paid to the Sheriff, the sale must be rescheduled. 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, if necessary, to evict you. 6. You may be entitled to a share of the proceeds, which were paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff within 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 posting of said schedule of distribution. 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 ON]E, 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 COLLECTIONS PRACTICE ACT, THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 07-30273 ALL THAT CERTAIN piece, parcel or tract of land, situate, lying and being in Dickinson Township., Cumberland County, Pennsylvania, more particularly bounded, limited and described as follows, to wit: BOUNDED on the West by property now or formerly of Robert Barbour; on the South by property now or formerly of the Estate of Foster Rockey; on the East by property now or formerly of Howard Starner; and on the North by property now or formerly of Earl King; having a width on the North and South ends of 100 feet, more or less, and extending in depth on the West side of 550 feet, more or less, and on the East side 575 feet, more or less, and being improved with a frame house known and numbered as R.D. No. 2, Box 142B, Gardners, Pennsylvania 17324. BEING THE SAME PREMISES which Grayson P. Showers, widow, by Deed dated November 3, 1995 and recorded November 9, 1995 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 130, Page 1136, granted and conveyed unto Zena M. Wilson, Grantor herein, her heirs and assigns. AND THE SAID Zena M. Wilson has since married and is now known as Zena M. Keys. AND THE SAID Scott A. Keys, husband of Zena M. Keys, joins in this Deed waiving all of his riaht, title, and interest in or to the hereindescribed property. UNDER AND SUBJECT TO an Easement Agreement dated August 28, 1995 and recorded November 6, 1995 in Record Book 507, Page 837. BEING the same premises which Zena M. Wilson, now by marriage Zena M. Keys and Scott A. Keys, wife and husband, by Deed dated December 27, 2004 and recorded in the Cumberland County Recorder of Deeds Office on December 29, 2004, granted and conveyed unto Steven L. Wilson, a married person. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-6689 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK, N.A., as Trustee for the registered holders of MASTR ASSET BACKED SECURITIES TRUST 2005-WMC1, MORTGAGE PASS-THROUGH CERTIFICATES, Plaintiff (s) From STEVEN L. WILSON (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 $54,288.06 L.L. $.50 Interest from 4/16/09 to 9 /02/09 -- $1,717.94 Atty's Conun % Due Prothy $2.00 Atty Paid $174.00 Other Costs Plaintiff Paid Date: 4/17/09 Curtis R. Lout, rothou($ary (Seal) By: REQUESTING PARTY: Deputy 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 # On May 5, 2009 the Sheriff levied upoit the :; defendant's interest in the real property SItUated III Dickinson Township, Cumberland CountNi, [A Known and numbered as, 1490 (:Joodyear Roacl, Gardners, more fully described or7 Lxhibi "A" filed with this writ and by this retereiicu incorporated herein. Date: May 5, 2009 Real Estate Coordinali, 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: July 24, July 31 and August 7, 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. Marie Coyne,' Pditor SWORN TO AND SUBSCRIBED before me this 7 da of August, 2009 e Notary 1JOW117AL SEAL DEBORAH A COLLINS Notarp Public CARLISLE BORO, CUM2ERLAND COUNTY My Commission Expire.,Apr 28, 2010 REAL ESTATE SALE NO. 97 Writ No 20Q± Lt. S. Bank, "-A ai irusl,_e <<:, the Registered Iioj(iers of MA.S71 Asset Backed Securities Tn;si 2005-WMC1 Mortgage Pas<, Through 4'ertifi? ,stet- Stet Atty.: Michae ar ALL THAT CERTAIN pie(e, pYE i or tract of land, situate, lying and being in Dickinson Township, Curn- berland County, Pennsylvania more particularly bounded, limited and described as follows, to wit: BOUNDED on the West by prop erty now or formerly of Robert Bar hour; on the South by property noc5, or formerly of the Estate of Foster Rockey; on the East I) v property 310c-. or formerly of Howard Starner atui ra the North by property " or of Earl King; having a. width on the North and South ends of 100 feet. more or less, and extending in depth on the West side of 5,50 feet, more w less, and on the East side 575 feer_ more or less, and being unproved with a frame house known inn numbered as R.D No ., Rov 1-4-1P,, Gardners, Peimsy-lvanuT BEING THE SAIVIE PREM1Si;?' which Grayson F Shor kcrs. widow by Deed dated Noveruber 1995 and recorded November r a ] 995 in the (lf- free of the Recordci for Cumberland Cottuu. ?enri-1, nia in Record Hoof, I t, t ?'ag, 't granted and corn evr?tl u n *o ! r riu Wilson, Grantor hereir, lien h-c- and assigns- AND TH1-; SM) Z.en -, ...1 Wilson has since married and is noec known as Zemi M 1Nl? "? SAID Scott A kc? < 7d ` f M. Keys, joins in ti ii 1 of his right, title, and ii 17, , r es, i 11 c ? the hereindescribed properc-? UNDER ANI') Sulfa lr "'I Easement Agreement dare.-d ,ugus,! 28, 1995 and record 1995 in Record Book mot, 3'a BEING the same prermses whjcEs Zena M. Wilson noer' hi, r1j-:' m ,( Zena M. KeZ's '?rtd wife and husband, 1) d ciatec December 27 2004 ,w u d t, the Cumberland ' Ce?t c! Deeds Office ou De( csnh( )00-i, granted and conve;er SIevet7 Wilson, a married person