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HomeMy WebLinkAbout08-7091U/ LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ATTORNEY FOR PLAINTIFF EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR CITIBANK, N.A., AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2007-2, ASSET BACKED CERTIFICATES, SERIES 2007-2 800 STATE HIGHWAY 121 BYPASS LEWISVILLE, TX 75067-4180 PLAINTIFF VS. JOHN D. LONG, A/K/A JOHN DAVID LONG ANNA K. LONG, A/K/A ANNA KATHRYN LONG 3001 MAYFRED LANE CAMP HILL, PA 17011 DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. U? 7?11 PV COMPLAINT IN 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 defense 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 800-990-9108 LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD 1 IT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ATTORNEY FOR PLAINTIFF EMC MORTGAGE CORPORATION, COURT OF COMMON PLEAS ATTORNEY-IN-FACT FOR CITIBANK, N.A., AS TRUSTEE FOR CIVIL DIVISION CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES CUMBERLAND COUNTY TRUST 2007-2, ASSET BACKED CERTIFICATES, SERIES 2007-2 '7D 9 ! 800 STATE HIGHWAY 121 BYPASS -[ NO. d P- LEWISVILL,E, TX 75067-4180 PLAINTIFF COMPLAINT IN MORTGAGE FORECLOSURE VS. JOHN D. LONG, A/K/A JOHN DAVID LONG ANNA K. LONG, A/K/A ANNA KATHRYN LONG 3001 MAYFRED LANE CAMP HILL, PA 17011 DEFENDANTS CIVIL ACTION MORTGAGE FORECLOSURE EMC Mortgage Corporation, Attorney-in-Fact for Citibank, N.A., as Trustee for Certificateholders of Bear Stearns Asset Backed Securities Trust 2007-2, Asset Backed Certificates, Series 2007-2 (hereinafter referred to as "Plaintiff") is an Institution conducting business under the Laws of the Commonwealth of Pennsylvania with a principal place of business at the address indicated in the caption hereof. 2. John D. Long, a/k/a John David Long and Anna K. Long, a/k/a Anna Kathryn Long (hereinafter referred to as "Defendants") are adult individuals residing at the address indicated in the caption hereof. Plaintiff brings this action to foreclose on the mortgage between the Defendants and itself as Mortgagee by Assignment. The Mortgage, dated March 27, 2006, was recorded on April 6, 2006 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 1946, Page 70. A copy of the Mortgage is attached and made a part hereof as Exhibit `A'. Plaintiff is now the legal owner of the mortgage, and in the process of formalizing an assignment of same. \1 r 4. The Mortgage secures the indebtedness of a Note executed by the Defendants on March 27, 2006 in the original principal amount of $99,400.00 payable to Plaintiff in monthly installments with an interest rate beginning at 12.25%. A copy of the Note is attached and made a part hereof as Exhibit `B'. 5. The land subject to the mortgage is 3001 Mayfred Lane, Camp Hill, PA 17011. A copy of the Legal Description is attached as part of the Mortgage as Exhibit `A' and incorporated herein. 6. The Defendants are the Record Owners of the mortgaged property located at 3001 Mayfred Lane, Camp Hill, PA 17011. 7. The Mortgage is now in default due to the failure of the Defendants to make payments as they became due and owing. As a result of the default, the following amounts are due: Principal Balance $96,396.14 Interest to 11/7/2008 $5,188.97 Accumulated Late Charges $280.72 Escrow Advance $1,397.67 Penalty Interest $3,969.27 Recoverable Balance $123.85 Other Fees Due $37.00 Cost of Suit and Title Search $550.00 Attorney's Fees $1,000.00 TOTAL $108,943.62 plus interest from 11/8/2008 at $28.06 per day, costs of suit and attorney's fees. 8. The attorney's 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 purchase at Sheriff s sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 9. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a defaulting mortgagor with a Notice of Intention to Foreclose ("Act 6 Notice") 41 P.S. Section 403 and Notice of Homeowners' Emergency Mortgage Assistance ("Act 91 Notice") 35 P.S. Section 1680.403c. 10. The Notice of Homeowners' Emergency Mortgage Assistance was required and Plaintiff sent the uniform notice as promulgated by the Pennsylvania Housing Finance Agency to the Defendants by regular and certified mail on September 4, 2008. A copy of the Notice is attached and made a part hereof as Exhibit `C'. 11. The Mortgage is not a residential mortgage under 41 P.S. Section 401 because the principal amount of the Mortgage is in excess of $50,000.00 and, therefore, Plaintiff "was not required to send the Act 6 Notice of Intention to Foreclose. WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for the sale of th$ mortgaged property in Plaintiff's favor and against the Defendants, in the sum of $108,943.62 together with the interest from 11/8/2008 at $28.06 per day, costs of suit and attorney's fees. Law Offices of Gregory Javardian BY: n ttorney ID 55669 G gory vPlaintiff Attorney for EXHIBIT `A' Prepared By: ICo+ *WW Name] IName of Natural Persm] [Street Address) lid. 81810 Zoo Cadel (FaetapHa?ra Number) After recording please return to. Bank, Inckfflac F.S.B. c/a D=xuent Managewat ICY Namel [Name of Natural Ae =q 901 E. 104th Street Building B Site =01=4 Kansas City, NQ 64131 (M State Zip Cade] nc :tO iDEF OF DEEDS Cf;!'!BEJ?LAND COWITY-PA 4006 IR 6 Pfd 12 40 1 M'FP3 l L z 3 ov 3 S1.3 = -- -Cv' /TGM*We Number) UPLIP1Nlfax ID: 01-22-0533-293 _(Spwr Above An Liu Far ttemdal Dow)- - - - - - - - - - - - MORTGAGE MIN 100055401230035836 D£F[N MIONS Woods used in multiple sections of this document are defined below and other words are defined in Sections 3. 11, 13, 18,20 and 21. Certain rules regarding the usage of words used in this docuunnent are also provided in Section 16- (A) "Security Instrument" means this document, which is dated March 27, 2006 , together with all Riders to this document. LA3dn S I fJUU42 3 /7 /-- '-J Peajfvonto Mw Single FaoBy.Few* M*aWreddk Stir t mmm r4snumm MM Mod&d Forty"Owl -71iE Cowti SOU ,1t?C r- hw i of tt tunrn our a.?rsos .w. m?pl:neai.ree.me I ==I Onus flu Cangliru SOONC. IM OK I946PGO070 t () 'Borrower" is John D. Ivng and Anna K. bong, husband surd wife Borrower is the mortgagor under this Security Instrument. (C) "IMIiERS" is Mortgage Electronic Registration Systems, inc. MFRS is a separate corporation that is acting so" as a nominee for Lender and bender's successors and assigns. MFRS is the moripgee under this Security Instrument. MFRS is organized and existing ender the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, ten (888) 679-MERS. (D) "Leader" is IndyMac Bank, F.S.B., a- federally chartered savings bank Lender is a Federal Savings Bank organized and existing under the laws of united States of An=-iea . Lender's address is 155 North Lake Avenue, Pasadaa, CA 917.01 (E) "Note" means the promissory sited by Borrower and dated March 27, 2006 The Note states that Borrower owes Lender nineq nine four btmdred and NO/100ths tloum (U.S. j 99,400.00 ) piers interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than April 1, 2036 CF) "Property" means the property that is described below under the beading "Transfer of Rights in the >y-" (G) "Loss" means the debt evidenced by-the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [cheer bar as applicablet ? Adjustable Rate Rider ? condominium Rider ? Second Home Rider ? Balloon Rider ? Planned Unit Development Rider ? Biweekly Payment Rider ? 1-4 Family Ruder ? RcvocabkTrust Rider ® Other(s) Apcoly] Performance Iran Program Rider to Deed of Trust and Adjustable Rate Rider, Fixed/Adjustable Rate IJBM Rider (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable foal, non-appealable judicial opinions. (.n "Community Association Dues, Fees, and Assessments" means all dues, fom assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowner essociation'or similar organization. . (K) "Electronic Fuads Transfer" means arty transfer of funds, other than a transaction originated by check. drak or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer. or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-safe transfers, automated teller machine transactions; transfers initiated by telephone, wire transfers, and automated clearinghouse trweers. A Petaasyrnr& Noetpac-Smgk Funft-Faunk MWtrrdae Ma OUIP M INSTRUMENT HERS OMW Four JW aU01 =liar CoMn.MNC[ SWUM. INC.- ftV 2 or r4 rgaM m" a« HIN w+wGQxG4 W=X= WM IMUMN 03WJ The COMPHU49 Sewn. EVA BRI 9 4 6 PG .0 0 7.1 r '(L) "Escrow Items" means those items that am described in Section 3. (IMF "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section S) for. (i) darmso to, or destruction of the Property; (ii) condemnation or other taking of all or any part of the Property: (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value aradlor condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of. or defoult on. the Loan. (O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under' the Note, plus (it) way amounts under Section 3 of this Security Instrument. M "RESPA" meatus the Real Estdc Settlement Procedures Act (12 U.S.C. §2601 et seq.) nerd, its implementing regulation. Regulation X (24 C.F R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does net qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or' not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPEM This Security Instrument secures to Lender. (i) the repayment of the Lom and all renewals, extensions land modifications of the Note; and (it) the performance of Borrower's covenant and agreements under this Secw*y Instrument and the Note. For this purpose. Borrower dots hereby mortgage. grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MFRS the following described property located in the County of Cumberland (Type of Iteaarding Jurisdiction] [Name of Reeordirg Jwitdkdan] Tar Parcel ID No: 01-22-0533-203 See Exhibit "A" attached hereto and made a part hereof . APN: 01-22-0533-203- which currently has the address of Cattp HM l004 3001 Mayf red lam [tea] Peanroylvania 17011 [4 Code] ("Property Address"): TOGETHER WITH ail the improvements now or hereafter erected an the property, and all easements, appurtenances, and fixtures now at hereafter a part of the property. All replacements and additions shill also be covered by this Security Instrument. AV of the foregoing is referred to in this Seem* Instrument as the "property." Borrower understands and W= that MGRS holds only legal title to the in TM3 granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MFRS (as nominee for Leader and Lender's successors and assigns) has the right: to exercise any or all of those interests. is luding. but not limited to, the right Loan Not 123003583 A k X Peaas7frsrda Mo lzftt- irak f8 mitr-Feank Madlrrrddk.tae IMPORM tMS *MEM MFRS ModNkd Form 3039 SIMI Iftm COmruAmcL SogwL. a+er Peat 3 of 14 14MTA wa %v ftft WWWOOVVNISOCaoOGOOM V=5.TWtdWVbW*sOW$W.1 e BK.1'946P60072 ti to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing - and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security insbument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However. if my check or other Instrument received by iendcr as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments doe under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender. (a) cash; (b) money order (c) certified check, bank check, tmasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality. or entity; or (d) Electronic f=unds Transfer. Payments are deemed received by Lender when received at the location designated -in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse sucb payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender treed not pay interest on unapplied fiords. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time. Lender shall either apply such funds or return them to Borrower. If not applied earlier, such Binds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower migbt have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Sucb payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shalt be applied fast to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Notre. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If morn than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such a xcess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Nate. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount. of the Periodic Payments. 3. Funds for Escrow Items Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sun (the "Funds") to provide for payment of amounts due for (a) taxes and assessments and other items which can attain priority over this Security Instrrppent as a lien or encumbrance on the Pennsylvania Mergpga-Sole Family-Fannie MadFaddie Mac MIFORM -TNX COMMiANCL SOURM DW - Pane 4 or 14 MW Modlrkd Fors 30D Opal r4MfAftYorb,.W" =a 0XVI UCa Pr"Cesa m be A-1=9-46PG0073 Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section S; and (d) lyloftgage Insurance pnamiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance prernitmns in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Leader may require that Community Association Dues. Fees, and Assessments, if any. be escrowed by Borrower. and such dues. fees and assessments shall be an Escrow hem. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waivb Borrower's obligation to pay to Lender Funds for any or all Escrow items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and when payable. the amounts due for any Escmw Items for which payment of Funds has been waived by Lender and, if Lender requires, stall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item. Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any tame by a notice given in accordance with Section IS and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a larder can req Wm under RESPA. Leader shall estimate the amount of Fords due on the basis of current data and reasonable estimates of expenditures of future Escrow [terns or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender. if Leader is an institution whose deposits arc so insured) or in any Federal Homc Loan Bank. Leader shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow amount, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds. Lender shall not be required to pay Borrower any interest or eartlings on the Funds. Borrower and Leader can agree in waiting, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escraw, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as damned under RESPA, Leader shall ratify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in lull of all sums secured by this Security Instrument. Lender shall promptly refund to Borrower any Funds held by Lender. 4. Clharges; Lens. Borrower shall pay all t®ces, assessments, charges. fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any. and Community Association Dues, Fees, and Assessments, if any. To the extent that these items am Escrow Items, Borrower shall pay them in the mariner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security instrument unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a mauur acceptable to Lender, but only so long as Borrower is performing such agreement; (b) cw tests the lien in good faith by, or defends against enforcement of the lien hL legal proceedings which in Leader's opinion operate to prevent the enforcement of the lien while those proceedings arc pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subardinWng the lien to this Security Instrument. If Peaaylvaab Morlpgr-Sftk FAmily-Forme MndFrgddk Mu tM 949MU-MENT malts %todmed Form 3M 01101 -Tree ComrumcE Souaea. tsc - Pyre 3 of 14 tuarM wo rM MW am s.noC46ONVO a30-M Inc. 8K-J-9446PG0074 Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrurnent, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or anode of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change daring the terra of the Loan. Ibe insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay. In connection with this Loan, either. (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes oc= which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review ofany flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the covasps described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property. or the contents of the Property, against any risk, hazard or liability tent might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section S shall become additional debt of Borrower secured by this Security Instrument. Tbese amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice frm Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal eertif"cs. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Burrower obtains any form of insurance coverage, not otherwise required by Lender, for damgge to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lenders security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction. provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement Is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters. or other third parties, retained by Borrower shall not be paid aid of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Leader may file, negotiate and settle any availabic insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property undW Section 22 or otherwise. Borrower hereby Petwurtvaata tNarlaaaa44k FaaQrFaawk MwdFerddtr Mac l.' OFO -Dm CoMnimcs Souacs, lw -- Pare f or o« rb"nom e w Iltt.'lVIEW M- MS ModUkd Ferrer 3939 91101 4A1F^ nW rw. war '?? 020Dl. riw Cw,?Yo S.ut Ise. D{.f:94bPG0075 assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid urAer the Note or this Security instrument and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the cove ago of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security trtstniamt and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Leader otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyaod Borrower's control. 7. Preservation, Maintenance aced Protection of the Property; Inspections. Borrower shall not destroy. damage or impair the Property. allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prtvam the Property from deteriorating or decreasing in value due to its condition. Finless it is determined pursuant to Section S that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid feather deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of. the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or In a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. if it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. t3. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process. Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate Information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material represeutations include, but are not limited to, representations concerning Borrower's occupancy of the Properly as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Seearity Instratoent. If (a) Borrower faits to perform the covenants and agreements contained in this Security Instrument. (b) there is a legal proceeding that aright significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcernmi of a lien which may attain priority over this Security lnstrurneht or to enforce laws use regulatioosj or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but arc not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in cowl; and (c) paying reasonabk attorneys' fees to protect its latest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditiotrs, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not ender any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower sectored by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borm w requesting payment. If this Security Instrument Is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasebold aid the fee title shall not merge unless Lender agrees to the merger in writing. „ n Peawytvash MQ tpgc-Sinak Fsaily-t snare M%dFRddte Mae U, )WMUMEKT *tti is mom w Fam 3639 OM 116 CORPLAM CE SOURCE. INC - Pere 7 or 4 14MIA OM tun WK , ODW l:?ewoe CM VMS.TU C, q 0- 0 4 , Lie. OK-11.946:PG0076 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums requited to maintain the Mortgage lnsurance in effect. If, for any reason, the Mortgage Insurance coverage required by leader ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance. Borrower shall pay the premiums requited to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect. from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is pot available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage b wrancc. Such loss reserve shall be rat-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage ('m the amount and for the period that Leader requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. It Lender required Mortgage Insurance as a condition of making the Loan and Borrower was acquired to make separately designated payments toward the premiums for Mortgage insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may inter if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk an all such insurance in force from time to time, and may enter into agreements with odor parties that share or modify their risk. or reduce losses. These agreements arc on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreed may require the mortgage insurer to retake payments using any source of funds that the mortgage insurer may have available (which may include finds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other enft or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized nee) a portion of Borrower's payments for Mortgage Insurance. in exchange for sharing or modifying the mortgage insurer's risk, or educing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a sham of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not atfed the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not abed the rights Borrower has - if say - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1990 or any other law. These rights way include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of say Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11, Assitament of Miscellaneous Proceeds Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Leader shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such i» spectiae shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such MBscellancous Proceads. Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous rreartds; jf the restoration or repair is not economically haasylvenin Move -so& Frilly-Fou* mwFm&* Ma torrent 1w tL' -wr MFRS MedWd Fora 3GH a U01 Dw CO"MLQ z serene, INC, Pt e a i4 14Me rod S M art "0 ? ? mi n 0=3. Tee ewr+roe 50"K. tae. Ont946PG0,077 feasible or Lender's security would be lessencd, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if airy, paid to Borrower. Such Miscellaneous Proceeds sTna)1 be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscdlatleous Proceeds shall be applied to the sums secured by this Security Instumunt, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security instrument immediately before the partial taking, destruction, or loss in vahie, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking destruction. or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking. destruction, or loss in value of the property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amomlt of the sums secured immediately before the partial taking destruction, or loss in value, unless Borrower and Lender otherwise agree in writin& the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) often to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscella mus Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security instrwnent. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable- to the impairment of Lender's interest in the property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. [.ender shall not be required to continence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by mason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shalt not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-ggnen; Successors and Assigns Bound. Borrower covenants and agrees that Borrowers obligations and liability shall be joint and several. Hower, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-sdgnee): (a) is co-signing this Security Instrument only to mortgage. grunt and convey the co-signer's interest in the Property under the terrors of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Inshu rent; and (c) agrees that Leader and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. _ kr v a, reami4ms to MaVw Ssgb FmWy-Fannie bUtTisdde -& UNIFORM OWMUMENT XM Modilkd fors 30393 0141 -TM CoUnAmcasothKE.1 KC- Paine ! of ra 14M M ft" ft%"" ??? oma?.rasca.pfr?eeSeu.chro. Ut.1946PG0078} Subject to the provisions of Section 18, any Successor in Interest of Borrower who assume Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security instrument unless Lender agrees to such release in writing. The covenants and agrtements of this Security Instrument shall bind (except as provided in Section 20) sad benefit the successors and assigns of Lender. 14 Loan Charges Lender may charge Borrower fees for services performed in connection with Borrower's default, for tbo purport of protecting Lender's interest in the Property and rights under this Security Instrument, including but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security lasmwient to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Ir strument or by Applicable Law. If the Loan is subject to a law which sets maximum loner charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a ref mid reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Notc). Borrower's acceptance of any such Tef6nd made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrowers notice address if sent by other means. Notice to any erne Borrower shah constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has.dcsigneted a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shill only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by fast class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually n ceived by Lender. If any notice required by this Security lnstturnent is also required under Applicable Law. the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Sevtrability; Rules of Contraction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Inlshtml6nt are subject to any requiremats and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition agniust agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall meat and include eon esponding neumr words or words of the feminine gender; (b) wads in the singular shall mean and include the plural and vice versa; and (c) the wad "may" gives sole discretion without any obligations to take any action. 17. Borrower's Copy. Borrower shall be given out copy of the Note and of this Security Instrument. IL Transfer of the Property or a Beneftdal Interest in Borrower. As used in this Section IS, "Interest in the property" meats any legal or beneficial interest in the Property, including, but not limited to. those beneficial interests transferred in a bond for deed, contract for decd, installraant sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchases. If ail or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferro) without Lender's prior written consent. TcnnsO-061 A(W%M-Sick Family-Family 1kaM dde Mu 1MVIFORAr -'nK COMMANCt Sauce[, JMC:- ftV to or 14 »v«aoNiirwwe?.o. rRVMENr MGRS Moditkd For. 3033! at/01 ?nar?ww a... nnre Olt-.i 946PG0079 Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option. Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument, If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Insmuent without further. notice or demand on Borrower. 19. Borrower's Right to Reimlate Alter Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instnament discontinued at any time prior to the earliest of (a) five days before sale of the Property pursuant to any power of We contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate, or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower. (a) pays Lender all sums which that would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any de6ult of any other covenants or agmeinents; (c) pays all expenses hwwrtd in enforcing this Security instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender. (a) cash; (b) money order; (c) catified check bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Tiansfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servlcer, Notice of Grievance. The Note or a partial interest in the Note (together with this Security Iraftument) can be sold one or more times without prior notice to Borrower. A We might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instru iment, and Applicable Law. There also might be one or more changes of the Loan Servieer unrelated to a sale of the Note. If them is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer. the address to which payments should be made and any other information RESPA regWres in connection with a notice of transfer of servicing. If the Note Is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be ttansfcrned to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by die Note purchaser. Neither Borrower nor Leader may commence. join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or bender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that timhe period will be deetaed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable our tote petroleum products. toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Envirorumemal Cleanup" includes any response action, remedial action, or removal action, as Ptaasylvaaia Mar1PWSinale FWdly-Paanie Madheddte Mae UNtlat)1 -'Res COMPUANCE SOORM tNC.- Pape I I of . conqM8oaoe o..eow 7tUMEKr HERS Modrned Fore JM enrol hahnrwrarw fen. non immm 02M. Theeomow au Smaoa In BK'1-I- 94 6_PG Q.Q $-Q; defined in Environmental Law; and (d) an -Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substanccs, or dhreatca to release any Hazardous Substances. on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any EnviromeenW Law, (b) which creates an Environments) Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use; or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Properly (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation. claim, demand, lawsuit or other action by my governmental or regulatory agency or private linty involving the Property and any Hazardous Substance or F.nvinomwnW Law of which Borrower has actual knwMedge. (b) any Environmental Condition, including but not limited to, any spilling, leaking, dischwyc, release or threat of release of my Hazardous Substance, and (c) any condition caused by the presence, use or release of a fiazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory audwri% or any private party. that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obliption on Leader for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Leader shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise} Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to care the default; (e) when the defeat must be cured; and (d) that failure to care the default as specified way resale is acceleration of the saws secured by this Security Instrument, foredosom by judicial proceeding sad sale of the Property. Leader shall further Ink m Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existeaee of a default or any other defense of Borrower to acoeleratiaa and foreclosure. If thc.defoult is not eared as specified, Lender at its option any acquire immediate payment In fog of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided In this Section 22, secluding, but not limited to, attoraoys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Inshwnent. this Security Instrument and the estate conveyed shall terminate and became void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for.releasing this Security Instrument but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any erns or defects in proceedings to enforce this Security Instru merc and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and banestead exemption. 2S Reinstatement Period. Borrower's time to minstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Inst acrit shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Notce lraat<yrrsatn M-Var-silk FamAy-sanak m0aw wide Noe Lwlt R1N THE COI "imce llav KS, inc.- FW 12 9914 ww aoo kkassavte.mm RUMFM N>:J4S %W tied t'orm "*Wo1 14M K 00 Rm OW {r?? 02003. I1c Ca?liw 3wQ, ts? Bt"i1-946PG00,81 JSiynatwas on FUJbW(hg Paps] BY SIGNING BLOW, Borrower accepts sad agrees to the tams and covenants contained in this Security Instrument and in any Rider executed by Borrower and =ordcd with it. Anna R. Long tpFW -Boffowa hLglfl (Sed) id* D. Long -8onowa lPnWgd Ab-I (Semi) -Boeowa (P.loredxaarsJ Certificate of Residence: (Sew) -ammw 1prW*d A&Xm) I/We do hereby certify that the pec"ic address of the within amed wee, assipee or person entitled to interest is 155 n o^ I#& filC. -Pa Aenar OA ill fol B: Title: MigEt (Ado 0wlydpn?ent on FoibwUq Papa] loan No: 123003583 Ytomffi aak 1MwIpp-Sksk Fmd?y-Fnantt MadFreddk Mac UNIFMM IMrSt UMUff MFRS MO&Gtd Fora An M1 -'tat COMMAMM SOUKT. INC- Fm 13 or 14 144 M U M a.:. tMf W%V* iMOewioswn 0X0.1UC*V9k0aSwu,tM. 1 K=1946P60082*. I State of g County of - Jft A, ma LA6 § - on this, the Ot70fday of before me .the undersigned officer, personalty appeared Anna K . IDM and John D. l"ig known to me (air satisfactorily proven) to be the person(s) wbose name(s) istare subscn%ed to the within instrument, and acknowledged that helshVI executed the saw for the pis em contained. in witness whereof, I hereunto set my hand and official seal. NOTARIAL. SEAL LCITYJOF RSON. NOTARY PUBLIC OIA CUMBERLAND C OUNTY !~So? (Seat) SION EXPIRES ,IAN.16, 2007 r risk brotricir Wan No: 123003583 /Q x y Ftt?ylraab atalpae-SiNg Fmdly-Fawk MWFtsddk MK UNIFORM kWSMUN r mm m awned Fans An owl -ila COURJAMM SouWr. &,OC - P1tV 14 of 14 14MP%NW fw.sfb W-1946PG00.83. Performance Loan Program Loan #:123003583 RIDER TO SECURITY INSTRUMENT AND FIXEDIADJUSTABLE RATE RIDER THIS RIDER is made this 27th day of March , 2006 , and is incorporated Into and shall be deemed to amend and supplement the Mortgage. Deed of Trust or Security Deed (the 'Security Instrument). and the FWWAdjustable Rate rider attached thereto, each of the same date given by the undersigned (the "Bomower•) to secure Borrowees Note to: IndyMac Bank, F.S.B., a federaUyy savings bank PINT* of Lw" of the same date and covering the Property described in the Security Instrument and located at: 3001 Mayfred Law, Camp rtf 7 l , PA 17011 ftp" Address) ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument and Fixed/Adjustable Rate Rider, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES Section 4(C), Calculation of Changes, of the Fixed/Adjustable Rate Rider is modified to provide that, if Borrower makes each of the first 22 payments within 30 days of the due date, as set forth in Section 3 of the FiYAWAdjustable Rate Note. the percentage points ` to be added to the Current Index as referred to in section 4(C) of the Fixed/Adjustable Rate Rider shall be reduced by 1.00 %. B. TRANSFER OF THE PROPERTY OF A BENEFICIAL INTEREST IN BORROWER Lender's obligation to permit assumption of the ban if all of the conditions of Section B, Transfer of the Property or a Beneficial Interest in Borrower, of the Fixed/Adjustable Rate Rider are met, does not arise until after the date of the first Change Date referred to in Section 4(A) of the Fixed/Adjustable Rate Rider. Rk1w for "Performance Loan Program' Pw t d? SPO om 81?OOY2 Wt05r VkW MCRM.AGE FORM . (WO)M-Mi mini) rOl(1946P6008b BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this Performance Loan Program Rider to Security Instrument and Fixed/Adjustable Rate Rider. /'?&. (Seal) Anna K. Long 46anower (Seal) . 3amw r (ten -borrower (Seal) -Borrower ?Tt? o )"- (Seal) JottaA D. Long ?Jorrsawar (Saw) -barrower (Saw) -borrower (mil) -Borrower Rider for "Performarree Loan Program' %P D ?i025 8480022 lnte5) v p.: d s PW) F•! .9.46:PG008,$ ` FIXED/ADJUSTABLE RATE RIDER (LIBOR Index - hate Caps) HI:N: 100055401230035836 THIS FIXED/ADJUSTABLE RATE RIDER is made this 27th day of March, 2006 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Deed to Secure Debt (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to ItniplN W Bank, jr. S. B. , a federally chartered savings bank (the "Lender") of the same date and covering the property described in the Security instrument and located at: 3001 Mayfred Lane, Camp gill, PA 17011 IPMPpM Adel THIS NOTE PROVIDES FOR A CHANGE IN BORROWER'S FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. THE NOTE LIMITS THE AMOUNT THE BORROWEW81NTERESTRATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the cove= is and agttx-ments made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial fixed interest rate of 12.250 °h. The Note also provides for a change in the initial fixed rate to an adjustable interest rate, as follows: 4. INTEREST RATE AND :MONTHLY PAYMENT CHANGES (A) Change Dates The initial fixed interest rate I will pay will change to an adjustable interest rate on the fast day of April 2008 , and the adjustable interest rate 1 will pay may change on that day every 6th month thereafter. The date on which my initial fixed interest rate changes to an adjustable interest rate, and each date on which my adjustable interest rate could ebangc is called a "Change Data." Than No: 123003583 MULTISTATE FOCEINAt7 MABLE RATE RIDER (UBORindes) - Sh& Famgy Form 4t10a 410 Page 1 d4 6450254 (0104) VMP MORTGAGE FORMS (800)621-7291 11111111MR11 ?.e 8n-t 946PG0086, (B) The Index Beginning with the fast Change Date, my interest sate will be based on an Index. The 9ndex" is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in Y1a Wall Strut Jaurnal. The most recent Index figure available as of the fins business day of lbe month immediately preceding the month in which the Change Date occurs is called the "Current Index." If the index is no longer available, the Note Holder will choose a new index that is based upon comparable informs6on. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding seven and 500/1000ths percentage points ( 7.500 •/.) to the Current Index. The Nate Holder will then round the result of this addition to the neatest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this founded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest fate I am required to pay at the first Change Date will not be greater than 15.250 % or less than 9.250 96. Thereafter, my adjustable interest rate will never be increased or decreased on any single Change Date by more then 2.000 percentage point(s) (1.000 $) fivm the rate of interest i have been paying for the preceding 6 months. My interest rate will never be greater than 18.250 - a/s. (E) Etfecelve Due of Cbauges My new interest rate will became effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to we a notice of any changes in my initial fixed interest rate to an adjustable interest rate and of any changes in my adjustable interest rate befime the effective date of any change. The notice will include the amount of my monthly payment. any 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 wing the ?c003583 ti480?34 ll404) - Pop 2 of 4 yarn 4M 4181 Ielf .! 9 4.6 PG 0°G8 7" B. TRANSFER OF TAE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER 1. Until Borrowees initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section A above, Uniform Covenant IS of the Security Instrument shall mad as follows: Transfer of the Property or a Bevelkial laterat lo Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, includia but not limited to, those beneficial interests transferred in a bond for deed, contract for dee? installment sales contract or escrow agreement, the intent of which is the transfer of tide by Borrower at a future date to a purchaser. If all or any part of the Property or any interest in the Property is sold or traosfenvd (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Letdees prior written consent, Leader may require inmrodiate payment -in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Burrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 2. When Borrowcfs initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section A above, Uniform Covenant 18 of the Security irestrurncat described in Section Bt above shall then cease to be in effect, and the provisions of Uniform Covenant 18 of the Security instrument shall he amended to read as follows: Transfer of the Property or a Beneficial Interest im Borrower. As used in this Sections 18, "Interest in the Property" means any legal or beneficial interest in the Property, including. brit not limited to, those beneficial interests transferred in a bond for decd, contract for aced, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property u sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require irnrnediatc payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited Applicable Law. Lender also shall not exorcise this option iF (a) Borrower causes submitted to Lender information required by Lender to evaluate the intended transfacc as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Le:ndces security will troll be imppaaired by the loan assumption and that the risk of a breach of any covenant or agreement in this 5ecucity Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender ma charge a reasonable fee as a condition to Leaders consent to the loan assumption. Lender also may require the transfercc to sign an assumption agreement that is acceptable to Leander and that obligates the transferee to keep all the promme s and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Leander releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section IS within which Borrower must pay all 84MS4 (0104) Page 3 of 4 Form 400a 4001 Lorin No: 123003583 "01* W ?K?-.1.9-46PG0.08 . sums secured by this Security InstrumcuL If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument witbout fwthcr notice or demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to the tarns and covenants contained in this l:ixe&Adjustable Rate Kidcr. ..11a=. - (Seal) Anna X. IAWq •Bormwer (SCSI) .0WW%Vr low NO: 123003583 $490254 (otoel e?'+ (Seal) JO D. Uxq .9onower (SCR) -Hono.ra -(Seal) (Seal) -Borrower -Bwrower -(SW) -Bonower Page a at a (Seal) .Borrowrer Fam 4000 4101 W. 1 .94.6 PG0089s i . , ADDENDUM TO MED/ADJUSTABLE RATE RIDER Loan * 123003583 THS ADDENDUM to the Flxe&Adjustable Rate Rider is made this 27th day of YArch, 2006 , and is Incorporated into and shall be deemed to amend and supplement the Mortgage. Deed of Trust. or Deed to Secure Debt (the 'Security Instrument`) and Fixed/Adjustable Rate Rklw of the same data given by the undersigned (the lU rrower•) to secure Borrower's Note to L xtyllac Bank, F.S.E., a federally chartered savings bank (the `Lander") of the same date and covering the property described in the Security Instrument and located at: 3001 Mayfrred bane, Cap Frill, PA 17011 [Property Address) ADDITIONAL COVENANTS. In Addition to the covenants and agreements made in the Security Instrument. 8ormwer and Lender further covenant and agree as follows: 1. Section 4(0) of the Fixed/AdjusztablaRate Rideris modifiedas follows: The interest rate I am required to pay at the first Change Date will not be greater than 15.250 % or less than 9.250 %. Thereafter, my interest rate will never be increased or decreased on any single change Date by more than one and NO/1000ths percentage point(s) ( 1.000 %) from the rate of interest I have been paying for the preceding 6 months. My interest rate will never be greater then 18.250 % or less then 7.500 %. MdyMac Bank ARM ll l l Multistate ndum to Fixed/Adjustable Rate Rider NI ? E Page t of 2 1075 8480345 (0602) VMP Mortgage Solutions, Inc. 21oe BK`! 946PG0090 2. All other provisions of the Fixed/Adjustable Rate Rider are unchanged by this Addendum and remain In full force and effect. Dated: (SOW) 011 G &S. (Seal) Anna K. IoN elle -Borrower John . InN -Borrower (") (Seal) -Vo -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower 1075 8480345 (0602) Page 2 of 2 2106 OX-1-946PGO09I ORDER r: 5365545 O ? EXHIBIT A ALL THAT PARCEL OF LAND IN BOROUGH OF CAMP HILL, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 148, PACE 879, )DO 01-22-M3-203, BEING KNOWN AND DESIGNATED AS LOT 5, SECTION A.. PARKWAY TERRACE, FILED IN PLAT 1300K 10, PACE 23, METES AND BOUNDS PROPERTY. DEED FROM PAUL DORGAN, SINGLE AS SET FORTH IN DEED BOOK 148, PAGE 879 DATED 1013111996 AND RECORDED IU0m"6, CUMBERLAND COUNTY RECORDS, CO!N?t01WEAI.TH OF PENNSYLVANIA. Q i Certify this. to be recorded in Cumberland County PA Z Recorder of Deeds Pap 2 of 9 8 .1946PGO09 2 EXHIBIT `B' Duplicate FIX !ADJUSTABLE RATE NOTE Original (LIBOR index - Rate Caps) THIS NOTE PROVIDES FOR A CHANGE IN MY FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE 1 MUST PAY. March 27, 2006 lis Oortt? Perutsylvanis [mil Iciryl Istawl 3001 Mayfred Lune, Camp Hi]1, PA 17011 [Fropeny Redeem 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. S 99,400.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is IndyNac Bank, F. S. B. , a federally chartered savings bank I will make all payments under this Note in the form of cash. check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Notc by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 12.250 Va. The interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate 1 will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. 1 will make my monthly payments on the first day of each month beginning on May, 2006 I will make these payments every month until I have paid all of the principal and interest and any other. charges dcscnbed below that I may owe under this Note. Each monthly payrnent will be applied as of its scheduled due date and will be applied to interest before Principal. If, on April 1, 2036 , 1 still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at Indy ftC Bank, F.S.B., P.O. Boot 78826, Phoenix, AZ 85062-8826 or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. S 1,041.61 This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that 1 must pay. The Note Hotdcr will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANCES (A) Change Dates The initial fixed interest rate I will pay will change to an adjustable interest rate on the fast day ofApri]., 2008 , and the adjustable interest rate 1 wilt pry may change on that day every 6th month thereafter. The date on which my initial fixed interest rate changes to an adjustable interest rate, and each date on which my adjustable interest rate could change is called a "Change Date." 1,06n NO: 123003583 MULTISTATE FO(ED/ADJUSTABLERATE NOTE. LIWRIAtM . Sh* Far* . Form 4000 4101 P". 'd` MIN: 100055401230035836 848024T coinq VMPMORTUMFORlrB•tl0 N1-72N i i (B) The Index Beginning with the first Change Date, my adjustable interest rate will be based on an Index. The "index" is the average of interbank offcrcd rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal. The most rcccat Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the 'Current Index." If the Index is no longer available. the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of changes Before each Change Date, the Note Holder will calculate my new interest rate by adding sgvm and 500/ 1000ths . percentage points ( 7.500 %) to the Currant Index. The Note Holder will then round the result of this addition to the nearest out-eighth of one percentage point (0.1251/6). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 15.250 % or less than 9.250 %. Tbercafter, my adjustable interest rate will never be increased or decreased on any single Change Date by more than 1.000 percentage point(s) (1.000 %) rivet the rate of interest I have been paying for the preceding fi months. My interest rate will never be greater than 18.250 °/.. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my initial fixed interest rate-to an adjustable interest rate and of any changes in my adjustable interest rate before the effective date of any change. The notice will include the amount of my monthly payment, any information required by law to be given to me and also the title and telephone number of a person who will answer any questions I may have regarding the notice. 5. BORROWER`S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, f will tell the Note Holder in writing that I am doing so. 1 may not designate a payment as a Prepayment if I have not made all the monthly payments due under this Note. i may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the Principal amount of the Note. If i make a partial Prepayment, there will be no changes in the due daws of my monthly payments unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to rte. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 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 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. Loan No: 123003583 SM247 p.ot? sup. Z of 4 Form 4W 4Mt i 0 (B) Default If t do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal that has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Vote Roldees Costs and Expenses If the Note Holder has required me to pay in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Prupcrty Address above or at a different address if I give the Note Holder a notice of my different address. Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personalty obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED VOTE 'Ibis Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage. Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses that might remit if l do not keep the promises that I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions read as follows: (A) Until my initial fixed interest rate changes to an adjustable interest rate tinder the terms stated in Section 4 above, Uniform Covenant 19 of the Security Instrument shall mad as follows: Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section IS, "laterest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests awisferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without L.encites prior written consent. Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by herder if such exercise is prohibited by Applicable Law. If LLWcr exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days f-om the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured-by this Security Instrument. If Borrower fails to pay these sutras prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. Iran No: 123003583 8480247 Mic4l K 7 ?, Pays 3 CO 4 Form 4000 410t (B) When my initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section 4 above, Uniform Covenant 18 of the Security instrument described in Section t l (A) above shall then cease to be in effect, and Uniform Covenant 18 of the Security Instrument shall instead read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lerdces prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is probibited by Applicable Law. Leader also shall not exercise this option if (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender- reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Leader. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements trade in the Note and in this Security Instrument. Borrower will continue to be obligated under the Now and this Security Instrument unless Leader releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days froth the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without f niber notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. «?..?. (Seal) AEna K. DXV od' -BWMWCr Doan No: 17-3003583 _ (Seal) -Borrows _ (mil) -Borrower ? at (Seal) John D. ION -Bomwer `(Seal) -Borrower (Seal) -Bormwer -(Seal) pay-tothen-&rof (Seal) -Borrower -Dormwer Wid 111 ,. r (,`IMK%a Solis Assistm ee Presideat 1ndyMac Bank, RS.B. [sign Original Only] 0480247 pear paps 4 ot4 Form 4000 4101 0 Performance Loan Program Loan #: 123003563 ADDENDUM TO FIXEDIADJUSTABLE RATE NOTE THIS ADDENDUM is made this 27th day of Mauch, 2006 . and is incorporated into and intended to form a part of a FbaWAdjustable Rate Note dated the same date as this Addendum. 1. Section 4 (Cj, Calculation of Changes, of the Fixed/Adjustable Rate Note is modified to provide that, if Borrower makes each of the first 22 payments within 30 days of the due date, as set forth in Section 3 of the FixedlAdjustable Rate Note, the percentage points to be added to the Current Index as referred to M Section 4 (C) of the Rxed/Adjustable Rate Note shall be reduced by 1.00 %. 2. Lenders obligation to permit assumption of the loan if all of the conditions of Section 11, Transfer of the Property or a Banafldal Interest in Borrower, of the Fixed/Adjustable Rate Note are met, does not arise until after the date of the first Change Date referred to in Section 4 (A) of the Fixed/Adjustable Rate Note. 3. All other provisions of the Fixed/Adjustable Rate Note are unchanged by this Addendum and remain in full force and effect. Dated: n I'l SZ& 2 (Seal) A:-.-%* K. Long -BOMMM LL-9 John . Iottg 4kxmower) (Seal) (Seal) -eorrvwer 43onower (Seal) 43orrower (Seal) 4knuwer (Seal) -Boffoww Note Addendum for "Performance Lawn Program" (Seal) -borrower sPD 0M 840M moo VMP MORTGMZ RMG -P0 j5VJN1 (05m) 0 ADDENDUM TO ADJUSTABLE RATE NOTE Loan #. 123003583 THIS ADDENDUM is made this 27th day of March, 2006 , and is incorporated into and intended to form a part of an Adjustable Rate Note dated the same date as this Addendum. 1. Section 4(0) of the AdjustableRate Note Is modifiedas follows: The interest rate 1 am required to pay at the first 15.250 % or less than 9.250 be increased or decreased on any single change Date by more than percentage point(s) ( 1.000 %) from the rate of h 6 months. My interest rate will never be greater than 7.500 %. Change Date will not be greater than %. Thereafter, my interest rate will never one and N012000ths iterest i have been paying for the preceding 18.250 % or less than 2. All other provislonsof the Adjustable Rate Note are unchangedby this Addendum and remain In tuft force and effect. Dated: !ar e•-_ (Seal) IC. Long -Borrower (Seal) -Borrower ?J!.-!& 0 (Seal) John D Long 430nowwer (Seal) -Borrower -(Seal) harrower (Seal) 4kwovwer (Seal) -Borrower WyWc Bank ARM Note Ad&m& m . Muftbft SM3N 1 21 VIdV M&Vap Bdubns. trip. _(seat) -Borrower I?IN?INNIII 1074 Pl 0 0 ADDENDUM TO ADJUSTABLE RATE NOTE Loan * 123003583 (Prepayment) THIS ADDENDUM is made this 27th day of March, 2006 , and is incorporated into and intended to form a part of an Adjustable Rate Note dated the same date as this Addendum. 1. Section 5 of the Adjustable Rate Note Is modified to provide that 1 have the. right to make payments of principatat any time before they are due. A Prepaymentof all of the unpaidprincipalis known as a "Full Prepayment." A Prepayment of only part of the unpaid principal to known as a "Partial Prepayment." Except as provided below, I may make a Full Prepayment or a Partial Prepayment at any time without paying any Prepayment charge. K within the first three ( 3 ) year(s) I make a Paniat Prepayment or Partial Prepayment(s)of less than twenty percent (20%) of the orlginalprfncipalarmunt in any twelve (12) month period, l will not pay a Prepaymentpenaky. However, if within the first three ( 3 ) year(s), I make a Full Prepayment, Partial Prepayment or Partial Prepayments of more then twenty percent (20%) of the originaiprincipalamount in any i2-month period, t will pay a Prepayment charge in an amount equal to the payment of six (6) months' advance interest on the amount prapeldin excess of twenty percent (20%) of the original principal amount. R I make a Partial Prepayment equal to one or more of my monthly payments, the due date of my next . schaduiedmonthly payment may be advanced no more than one month. H I make a Partial Prepaymentin any other amount, 1 must still make all subsequent monthly payments as scheduled. 2. . All other. provisions of the Adjustable Rate Note are unchanged by this Addendum and remain in full force and effect. T?,b06 Dated: (Seal) Anita R. Lonq 46wrower (Seal) -Borrower (Sean -Borrower (Seat) .sorrower QC"L 0 Seal) John . Lung -Borrower (mil) -Borrower (Seal) -borrower (Seat) -Borrower lndyMec Bank and Federally Examptsd MIDw Use Only Hard Prepayment Addendum (1.3 yrs) • ARM Fbst Mortgages - Mukistate, Arlumsas (loans owr $150,000) 8480279 paron wra 0W%P . sakdbft, hie. Noon-ml SPQ 8084 (0m) EXHIBIT "C' EMC Mortgage Corporation ` PO Box 293150 Lewisville, TX 75029-3150 111111111111111!1111 7104 ,.oo =.oa ,,.o 0=30 September 4, 2008 1111111PPI WMW 0 0 0 1 9 4 8 7 IM Anna K Long 3001 Mayfred Ln Camp Hill, PA 17011-5245 EMC Re: Loan No: 0003579190 Mortgage Property Address: 3001 Mayfred Ln Corporation Camp Hill, PA 17011-5245 T 91 NOTICE TAKE A I N Tl` E hR HOME FRO FO O 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. IMPORTANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The Homeowners' Emergency Mortgage Assistance Program (HEMAP) may be able to help to save your home. This notice explains how the program works. The name, address, and phone number of Consumer Credit Counseling Agencies servingyour county are listed at the end of this Notice. If you have any questions You may call the Pennsylvania Housing Finance A ency toll free at 1 800 342 2397 (persons with impaired hearing can call 717-780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. La Notificaion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notificion obtenga una traduccion immediatamente Ilamando esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes ser elegible para un prestamo por el programs llamado "Homeowners' Emergency Mortgage Assistance Program" al cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. HOMEOWNER'S NAME(S) PROPERTY ADDRESS: LOAN ACCOUNT NUMBER: CURRENT SERVICER . K Long Ln t ` ill, P"ed A 17011-5245 4003579190 EMC Mortgage Corporation Page two 0003579190 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 ?f you comply with the provision of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency mortgage assistance: If your default has been caused by circumstances beyond your control, if you have a reasonable prospect of being able to pay your mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. This meeting must occur within the next thirty (30) days. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES - If you meet with:one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for :thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which your property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise this 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 Homeowners' Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowners' 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 su6r itt ng;a c. 9mplete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF. YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date): NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 3001 Mayfred Ln Camp Hill, PA 17011-5245 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments from 06/01/2008: $5,144.92 (b) Late charge(s): $236.58 (c) Other charge(s): NSF and Advances $114.90 (d) Less: Credit Balance $0.00 (e) Total amount required as of 09/03/2008: $5,496.40 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable): HOW TO CURE THE DEFAULT - You may cure this default within THIRTY (30) DAYS from the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS $5,496.40, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable to EMC Mortgage Corporation at Po Box 660753 Dallas, TX 75266-0753. Page three 0003579190 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of date of this Notice, the lender intends to exercise its right 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, EMC Mortgage Corporation also intends to instruct their attorneys to start a 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 they begin 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 are over $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 attorneys' fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance, and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due plus any late or other charges, charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such Sheriffs Sale of the mortgaged proprty could be held would be approximately five (5) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER Name of Lender: EMC Mortgage Corporation Address: Po Box 660753 Dallas, TX 75266-0753 Telephone Number: 1-800-723-3004 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 fumiture and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorneys' fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT -- To sell the property to obtain money to pay off the mortgage debt, or to borrow money from another lending institution to pay off this debt. -- To have this default cured by any third party acting on your behalf. -- To have the mortgage restored to the same position as if no default had occurred. (However, you do not have this right to cure your default more than three times in any calendar year)., -- To assert the nonexistence of a default in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents. -- To assert any other defense you believe you may have to such action by the lender. -- To seek protection under the federal bankruptcy law. Page four 0003579190 EMC Mortgage Corporation is attempting to collect a debt, and any information obtained will be used for that purpose. Federal law gives you thirty days after you receive this letter to dispute the validity of this debt or any part of it. Unless you dispute the debt within that 30 day period, we will assume that it is valid. If you notify us in writing at the address below or verbally within the thirty day period that the debt,. or any portion thereof, is disputed, we will: 1) Provide to you verification of the debt or a copy of any judgment entered against you. 2) Provide to you the name and address of your original creditor, if the original creditor is different from the current creditor. Sincerely, EMC Mortgage Corporation EMC Mortgage Corporation Po Box 660753 Dallas, TX 75266-0753, 1-800-723-3004 Appendix B Consumer Credit Counseling Agency Notification To: Name of Mortgagee: Address: In accordance with the Pennslyvania Homeowner's Emergency Mortgage Assistance Program (Act 91 of 1983), we have been approached for mortgage counseling assistance by: Name of Applicant Address Telephone Number Mortgage Loan Number Address of property on which mortgage is in default, If different from above. The counseling agency met with the above named applicant on Date Who have indicated that they are more than sixty (60) days delinquent on their mortgage payments and have received notification to foreclosure from: Name and Address of Mortgage In accordance with the Homeowner's Emergency Mortgage Assistance Program, this is to inform you that: If the delinquency cannot be resolved with in the 30 day forbearance period as provided by the Servicer, the applicant listed above may apply to the Pennsylvania Housing-Finance Agency for Homeowner's Emergency Mortgage Assistance. 2. By a copy of this Notice, we are notifying all other mortgagees,,if any, which the applicant has indicated as also having a mortgage on the property identified above. 3. It is our understanding that the 30 day forbearance period in which we are now in ends on 4. No legal action to enforce the mortgage may occur during this forbearance period, unless procedural time limits were not met by the homeowner. * Indicates Counties Serviced Acorn Housing Corporation Amedcon Financial Counseling Services 846 North Broad Street 1 Abington Plaza, Suite 403 Philadelphia, PA 19130 Old York Road and Township lane (215) 765-1221 Jenkintown, PA 19046 *Bucks, Chester, Delaware, Montgomery, (800) 490-3039 Philadelphia *Delaware, Montgomery Action Housing Inc American Financial Counseling Services 425 6th Avenue, Suite 950 175 Strafford Avenue, Suite One Pittsburgh, PA 15219 Wayne, PA 19087 (412) 281-2102 800) 490-3039 *Allegheny, Beaver, Butler, Fayette, Greene, *Bucks, Chester, Delaware, Mongomery, Washington, Westmoreland Philadelphia Adams County Interfaith Housing Authority 40 E High Stmt Gettysburg, PA 17325 (717) 3341518 *Adams, Cumberland, Franklin, York American Financial Counseling Services 906 Penn Avenue Wyomissing, PA 19610 (610) 780-0680 *Barks Advocates for Financial Independence 1806 S Broad Street, Suite 1 B Philadelphia, PA 19145 (215) 389-2810 *Philadelphia Allegheny County Acorn 5907 Penn Avenue, Suite 300 Pittsburgh, PA 15206 (412) 441-6551 *Allegheny American Credit Counseling Institute 21 S Church Street West Chester, PA 19380 (888) 212-6741 *Chester American Credit Counseling Institute 300 North Pottstown Pike, Suite 210 Exton, PA 19341 (888) 212-6741 *Berks, Bucks, Montgomery American Credit Couseling Institute 528 Dekalb Street Norristown, PA 19401 (610) 971-2210 *Montgomery American Credit Counseling Institute 530 W Street Road, Suite 201 Warminster, PA 18974 (215) 444-9429 *Bucks, Montgomery, Philadelphia American Credit Counseling Institute 845 Coates Street Coatesville, PA 19320 (888) 212-6741 *Bucks, Chester, Montgomery, Philadelphia American Credit Counseling Institute 937 North Hanover Street Pottstown, PA 19460 (888) 212-6741 *Berks, Bucks, Montgomery American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 *Adams, Franklin, York American Red Cross of Chester 1729 Edgemont Avenue Chester, PA 19013 (610) 874-1484 *Chester, Delaware APM 2147 Norht Sixth Street Philadelphia, PA 19122 (215) 235-6788 *Chester, Delaware, Philadelphia Armstrong CO Community Action Agency 124 Arnsdale Road, Suite 211 Kittanning, PA 16201 (724) 548-3405 *Armstrong Blair County Cominuiiiiy Action Agency 2100 6th Avenue, Suite 102 P.O. Box 1833 Altoona, PA 16602 (814) 946-3651 *Blairl Booker T. Washington Center 1720 Holland Street Erie, PA 16503 (814) 453-5744 *Crawford, Erie, Warren Bucks County Housing Group 200 West Bridge Street Morrisville, PA 19067 (866) 866-0280 *Bucks Bucks County Housing Group 2324 Second Street Pike, Suite 17 Wrightstown, PA 18940 (866) 866-0280 *Bucks Bucks County Housing Group 349 Durham Road Penndel, PA 19047 (866) 866-0280 *Bucks Bucks County Housing Group 470 Old Dublin Pike Doylestown, PA 18901 (866) 866-0280 *Bucks Bucks County Housing Group 515 West End Blvd Quakertown, PA 18951 (866) 866-0280 *Bucks Budget Counseling Center 247 North Fifth Street Reading, PA 19601 (610) 375-7866 *Barks, Chester, Schuylkill Carroll Park Community Council, Inc. 5218 Master Street Philadelphia, PA 19131 (215) 877-1157 *Chester, Delaware, Philadelphia CCCS of Delaware Valley 1230 New Rodgers Road, Suite F1 Bristol, PA 19007 (215) 563-5665 *Bucks CCCS of Delaware Valley 1515 Market Street, Suite 1325 Philadelphia, PA 19107 (215) 563-5665 *Bucks, Delaware, Montgomery, Philadelphia CCCS of Delaware Valley 1777 Sentry Parkway W, Suite 200 Blue Bell, PA 19422 (215) 563-5665 *Montgomery CCCS of Delaware Valley 280 North Providence Road Media, PA 19063 (215) 563-5665 *Delaware CCCS of Delaware Valley Marshal Building 790 E Market St, Suite 170 West Chester, PA 19382 (215) 563-5665 *Chester, Delaware CCCS of Delaware Valley Catholic Social Services Building 7340 Jackson Street Philadelphia, PA 19136 (215) 563-5665 *Bucks, Philadelphia CCCS of Delaware Valley One Cherry Hill, Suite 215 Cherry Hill, PA 08002 (215) 563-5665 *Philadelphia CCCS of Lehigh Valley 3671 Crescent Court East Whitehall, PA 18052 (610) 821-4011 *Berks, Bucks, Carbon, Lancaster, Lehigh, Northhampton, Schuylkill * Indicates Counties Serviced CCCS of Northeastern PA 1400 Abington Exec. Park, Suite 1 Clarks Summitt, PA 18411 (570) 587-9163 *Carbon, Columbia, Lackawanna Lycoming, Monroe, Montour, Northumberland, Pike, Sullivan, Tioga, Union, Wayne, Wyoming CCCS of Northeastern PA 201 Basin Street, Suite 6 Williamsport, PA 17701 (570) 323-6627 *Centre, Clinton, Lycoming, Northumberland, Union CCCS of Northeastern PA 202 W Hamilton Avenue State College, PA 16801 (814) 238-3668 *Blair, Centre, Clearfield, Clinton, Huntingdon, Juniata, Mifflin CCCS of Northeastern PA 401 Laurel Street Pittston, PA 18640 (570) 602-2227 *Bradford, Carbon, Columbia, Lackawanna, Lycoming, Monroe, Montour, Northumberland, Pike, Sullivan, Tioga, Union, Wayne, Wyoming CCCS of Northeastern PA 411 Main Street, Suite 104 Stroudsburg, PA 18360 (570) 420-8980 *Bradford, Carbon, Monroe, Pike, Wayne CCCS of Western PA 1 North Gate Square #2 Garden Center Dr Greensburg, PA 15601 (888) 511-2227 *Fayette, Greene, Indiana, Somerset, Washington, Westmoreland CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 (888) 511-2227 *Adams, Cumberland, Dauphin, Franklin, Perry, Synder, York CCCS of Western PA 219-A College Park Plaza Johnstown, PA 15904 (888) 511-2227 *Cambria, Clearfield, Indiana, Somerset CCCS of Western PA 312 Chestnut Street, Suite 227 Meadville, PA 16335 (888) 511-2227 *Lawrence CCCS of Western PA 41 East Chestnut Street Washington, PA 15301 (888) 511-2227 *Washington CCCS of Western PA 4402 Peach Street Erie, PA 16509 (888) 511-2227 *Crawford, Erie, Warren CCCS of Western PA 524 Franklin Avenue Aliquippa, PA 15001 (888) 511-2227 *Cameron CCCS of Western PA 917 A Logan Boulevard Altoona, PA 16602 (888) 511-2227 *Armstrong, Bedford, Blair, Cambria, Centre, Clearfield, Huntingdon, Juniata, Mifflin, Union CCCS of Western PA 971 Third Street Beaver, PA 15009 (888) 511-2227 *Beaver CCCS of Western PA Colonial Shopping Center 970 S George Street York, PA 17403 (888) 511-2227 *Franklin, Fulton, Lancaster, York CCCS of Western PA Pullman Commerce Center 112 Hollywood Dr Butler, PA 16001 (888) 511-2227 *Butler, Clarion, Jefferson, Mercer, Venango CCCS of Western PA River Park Commons 2403 Sidney Street Pittsburgh, PA 15203 (888) 511-2227 *Allegheny Chester Community Improvement Project 412 Avenue of the, States P.O. Box 541 Chester, PA 19016 (610) 876-8663 *Chester, Delaware, Montgomery, Philadelphia Comm. On Eon Opportunity of Luzeme Co. 163 Amber Lane Wilkes-Barre, PA 18702 . (570) 826-0510 *Carbon, Luzeme, Schuylkill, Wyoming Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17094 *Cumbedand, Dauphin, Franklin, Perry, Synder Community Action Committee of the Lehigh Valley 1337 East Fifth Street Bethlehem, PA 18015 (610) 691-5620 *Barks, Carbon, Lehigh, Monroe, Northhampton Community Action Development Comm - CADCOM 113 E Main Street Norristown, PA 19401 (610) 277-6363 *Montgomery Community Action Southwest 150 W Beau Street, Suite 304 Washington, PA 15301 (724) 225-9550 *Washington Community Action Southwest 58 E Greene Street Waynesburg, PA 15370 (724) 852-2893 *Allegheny, Fayette, Greene, Washington, Westmoreland Congreso 216 West Somerset Street Philadelphia, PA 19133 (215) 763-8870 *Philadelphia Council of Spanish Speaking Organization 705-09 North Franklin St Philadelphia, PA 19123 (215) 627-3100 *Philadelphia Diversified Community Service Dixon House 1920 South 20th Street Philadelphia, PA 19145 (215) 336-3511 *Bucks, Chester, Delaware, Philadelphia Fair Housing Partnership of Greater Pittsburgh, Inc. 2840 Liberity Ave., Suite 205 Pittsburgh, PA 15222 (412) 391-2535 *Atiegheny Fayette Co. Community Anion Agency Inc 137 North Beeson Avenue Uniontown, PA 15401 (724) 437-6050 *Fayette, Somerset FOB CDC 1201 West Only Avenue Philadelphia, PA 19141 (215) 549-8755 *Bucks, Chester, Delaware, Philadelphia Frankford CDC 4625 Frankford Avenue, 2nd Floor Philadelphia, PA 19124 (215) 743-9201 *Philadelphia Garfield Jubilee Associates 5138 Penn Avenue Pittsburgh, PA 15224 (412) 665-5200 *Allegheny Germandtown Settlement 5538 Wayne Avenue Bldg C Philadelphia, PA 19144 (215) 849-3104 *Bucks, Chester, Delaware, Montgomery, Philadelphia * Indicates Counties Serviced Greater Erie Commun. Action Committee 18 West 9th Street Erie, PA 16501 (814) 459-4581 *Crawford, Erie, Venango, Warren Koren Comm. Develop. Services Center 6055 Nofit 5th Street Philadelphia, PA 19120 (215) 276-8830 'Philadelphia New Life Comm. Housing Devel Corp. 712 Hawkins Avenue Braddock, PA 15104 (412) 351-4077 *Allegheny, Washington, Westmoreland HACE 167 W Allegheny Ave., 2nd Floor Philadelphia, PA 19140 (215) 426-8025 *Bucks, Chester, Delaware, Philadelphia Housing Alliance of York 35 South Duke Street York, PA 17401 (717) 854-1541 *York Housing Assoc. of Delaware Valley 1500 Walnut Street, Suite 601 Philadelphia, PA 19102 (215) 545-6010 'Philadelphia Housing Assoc. of Delawre Valley 658 North Watts Street Philadelphia, PA 19123 (215) 978-0224 *Philadelphia Housing Opportunities of Beaver Co. 320 College Avenue, Unit 1 Beaver, PA 15009 (724) 728-7511 'Beaver, Lawrence Housing Partnership of Chester County 41 West Lancaster Avenue Downingtown, PA 19335 (610) 518-1522 *Chester, Delaware, Montgomery Huntingdon County Housing Servicing Weatherization, Inc. 917 Mifflin Street Huntingdon, PA 16652 (814) 643-2342 'Bedford, Blair, Fulton, Huntingdon, Juniata, Mifflin, Perry Indiana Co. Community Action Prog. 827 Water Street Box 187 Indiana, PA 15701 (724) 465-2657 *Armstrong, Cambria, Clearfield, Indiana, Jefferson, Westmoreland Intercultural Family Services Inc. 4225 Chestnut Street Philadelphia, PA 19104 (215) 386-1298 *Philadelphia Keystone Economic Develop. Corp. 1954 Mary Grace Lane Johnstown, PA 15901 (814) 535-6556 'Bedford, Blair, Cambria, Clearfield, Indiana, Somerset, Westmoreland Lawrence County Social Services, Inc. 241 West Grant Street P.O. Box 189 New Castle, PA 16103 (724) 658-7258 *Lawrence Liberty Resources 714 Market Street, Suite 100 Philadelphia, PA 19106 (215) 634-2000 'Philadelphia Loveship, Inc. 2320 North 5th Street Harrisburg, PA 1711 (717) 232-2207 'Cumberland, Dauphin, Perry Lycom-Clntn Co Comm fo Comm Action 2138 Lincoln Street P.O. Box 3568 Williamsport, PA 17703 (570) 326-0587 *Centre, Clinton, Lycoming, Union Northern Tier Community Action Corp. 135 West 4th Street P.O. Box 389 Emporium, PA 15834 (814)4861161 *Cameron, Elk, Mckean, Potter Northwest Counseling Service 5001 North Broad Street Philadelphia, PA 19141 (215) 324-7500 *Bucks, Chester, Delaware, Montgomery, Philadelphia Nueva Esperenza 4261 North 5th Street Philadelphia, PA 19140 (215) 324-0746 'Philadelphia Pennsylvania Housing Finance Agency 2275 Swallow Hill Rd., Bldg 200 Pittsburgh, PA 15220 (412) 429-2842 *Allegheny Maranatha PHFA 43 Philadelphia Avenue 211 North Front Street Waynesboro, PA 17268 Harrisburg, PA 17110 (717) 762-3285 (800-) 342-2397 `Adams, Cumberland, Franklin, Fulton, Perry *Cumbedand, Dauphin Media Fellowship House Philadelphia Council for Comm. Advmnt. 302 South Jackson Street 100 N 17th St, Suite 600 Media, PA 19063 Philadelphia, PA 19103 (610) 565-0434 (215) 567-7803 *Chester, Delaware *Chester, Delaware, Montgomery, Philadelphia Mon Valley Unemployment Committee Philadelphia Senior Center 1800 West St., 3rd Floor 509 South Broad Street Homestead, PA 15120 Philadelphia, PA 19147 (412) 462-9962 (215) 546-5879 *Allegheny, Washington; Westmoreland "Philadelphia Mt. Airy, USA Schuylkill Community Action 6703 Germantown Ave., Suite 200 225 N. Centre Street Philadelphia, PA 19119 Pottsville, PA 17901 (215) 844-6021 (570) 622-1995 'Philadelphia *Berks, Carbon, Lebanon, Lehigh, Luzeme, Northumberland, Schuylkill Nazareth Housing Services 285 Bellevue Road Shenango Valley Urban League, Inc. Pittsburgh, PA 15229 601 Indiana Avenue (412) 931-3510 Farrell, PA 16121 *Allegheny (724) 981-5310 *Crawford, Lawrence, Mercer Neighborhood Housing Services Inc. 213 N 5th St., Suite 1030 South Philadelphia H.O.M.E.S. Reading, PA 19601 1444 Point Breeze Avenue (610) 372-8433 Philadelphia, PA 19146 *Berks (215) 334-4430 *Philadelphia Neighborhood Housing Services 710 5th Avenue, Suite 1000 Southwest Community Development Corp. Pittsburgh, PA 15219 6368 Paschall Avenue (412) 281-9773 Philadelphia, PA 19142 *Allegheny (215) 729-0800 *Philadelphia * Indicates Counties Serviced St. Martin Center 1701 Parade Street Erie, PA 16503 (814) 452-6113 *Crawford, Erie, Venango, Warren The Trehab Center of Northeastern PA 115 SR 92S Tuckhannock, PA 18657 (570) 836-6840 *Wyoming United Communties Southeast Philadelphia 2029 South 8th Street Philadelphia, PA 19148 (215) 467-8700 *Philadelphia Tableland Services Inc. 535 East Main Street Somerset, PA 15501 (814) 445-9628 *Cambria, Fayette, Somerset, Westmoreland Tabor Community Services 308 E King Street, Suite 1 Lancaster, PA 17602 (717) 397-5182 *Chester, Lancaster, Lebanon The NORCAM Group 4200 Crawford Avenue, Suite 200 Northern Cambria, PA 15714 (814) 948-4444 *Cambria, Clearfield The Trehab Center of Northeastern PA 10 Public Avenue P.O. Box 366 Montrose, PA 18801 (570) 278-3338 *Susquehanna The Trehab Center of of Northeastern PA 1225 Main Street Honesdale, PA 18431 (570) 253-8941 *Bradford, Sullivan, Susquehanna, Tioga, Wayne, Wyoming The Trehab Center of Northeastern PA 144 E East Avenue Wellsboro, PA 16901 (570) 724-5252 "Tioga The Trehab Center of Northeastern PA German Street P.O. Box 389 Dushore, PA 18614 (570) 928-9667 *Sullivan The Trehab Center of Northeastern PA The Enterprise Center 703 S. Elmer Ave., Suite M-6 Sayre, PA 18840 (570) 888-0412 *Bradford Urban League of Philadelphia 1818 Market Street Philadelphia, PA 19103 (215) 561-6070 *Bucks, Delaware, Philadelphia Urban League of Pittsburgh Building for Equal Opportunity One Smithfield St. Pttsburgh, PA 15222 (412) 227-4802 *Allegheny Voices for Independence 3711 West 12th Street Erie, PA 16505 (800) 838-9890 *Erie Warren-Forest Counties Economic Opportunity Council 1209 Pennsylvania Ave W. P.O. Box 547 Warren, PA 16365 (814) 726-2400 *Forest, Waren EMC Mortgage Corporation PO Box 293150 Lewisville, TX 75029-3150 7104 5400 ..oo .,=o 0247 September 4, 2008 11PPIP418190 John D Long 3001 Mayfred Ln Camp Hill, PA 17011-5245 EMC Re: Loan No: 0003579190 Mortgage Property Address: 3001 Mayfred Ln Corporation Camp Hill, PA 17011-5245 CT 91 N I E TAKE A TI N T A E YOUR HOME FRO FO CLOSURE 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. IMPORTANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The Homeowners' Emergency Mortgage Assistance Program (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can help you You must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the counseling Agency, The name, address, and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice. If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (persons with impaired hearing can call 717-780-1869)This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. La Notificaion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notificion obtenga una traduccion immediatamente llamando esta agencia (Pennsylvania Housing Finance Agency) sin cargos at numero mencionado arriba. Puedes ser elegible para un prestamo por el programa llamado "Homeowners' Emergency Mortgage Assistance Program" at cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCOUNT NUMBER: CURRENT SERVICER John D Long 3001 Mayfred Ln Camp Hill, PA 17011-5245 0003579190 EMC Mortgage Corporation Page two HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM 0003579190 You may be eligible for financial assistance, which can save your home from foreclosure and help you make future mortgage pgvments if you comply with the provision of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency mortgage assistance: If your default has been caused by circumstances beyond your control, if you have a reasonable prospect of being able to pay your mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. This meeting must occur within the next thirty (30) days. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of designated consumer credit counseling agencies for the county in which your property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise this 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 Homeowners' Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowners' 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) HOW TO CURE YOUR MORTGAGE DEFAULT Bring it up to date): NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 3001 Mayfred Ln Camp Hill, PA 17011-5245 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments from 06/01/2008: $5,144.92 (b) Late charge(s): $236.58 (c) Other charge(s): NSF and Advances $114.90 (d) Less: Credit Balance $0.00 (e) Total amount required as of 09/03/2008: $5,496.40 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable): HOW TO CURE THE DEFAULT - You may cure this default within THIRTY (30) DAYS from the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS $5,496.40, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable to EMC Mortgage Corporation at Po Box 660753 Dallas, TX 75266-0753. Page three 0003579190 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of date of this Notice, the lender intends to exercise its right 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, EMC Mortgage Corporation also intends to instruct their attorneys to start a 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 they begin 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 are over $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 attorneys' fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance, and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due plus any late or other charges, charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as If you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such Sheriffs Sale of the mortgaged proprty could be held would be approximately five (5) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER Name of Lender: EMC Mortgage Corporation Address: Po Box 660753 Dallas, TX 75266-0753 Telephone Number: 1-800-723-3004 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 furniture and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorneys' fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT -- To sell the property to obtain money to pay off the mortgage debt, or to borrow money from another lending institution to pay off this debt. -- To have this default cured by any third party acting on your behalf. -- To have the mortgage restored to the same position as if no default had occurred. (However, you do not have this right to cure your default more than three times in any calendar year). -- To assert the nonexistence of a default in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents. To assert any other defense you believe you may have to such action by the lender. To seek protection under the federal bankruptcy law. Page four 0003579190 EMC Mortgage Corporation is attempting to collect a debt, and any information obtained will be used for that purpose. Federal law gives you thirty days after you receive this letter to dispute the validity of this debt or any part of it. Unless you dispute the debt within that 30 day period, we will assume that it is valid. If you notify us in writing at the address below or verbally within the thirty day period that the debt, or any portion thereof, is disputed, we will: 1) Provide to you verification of the debtor a copy of any judgment entered against you. 2) Provide to you the name and address of your original creditor, if the original creditor is different from the current creditor. Sincerely, EMC Mortgage Corporation EMC Mortgage Corporation Po Box 660753 Dallas, TX 75266-0753, 1-800-723-3004 Appendix B Consumer Credit Counseling Agency Notification To: Name of Mortgagee: Address: In accordance with the Pennslyvania Homeowner's Emergency Mortgage Assistance Program (Act 91 of 1983), we have been approached for mortgage counseling assistance by: Name of Applicant Address Telephone Number Mortgage Loan Number Address of property on which mortgage is in default, If different from above. The counseling agency met with the above named applicant on Date Who have indicated that they are more than sixty (60) days delinquent on their mortgage payments and have received notification to foreclosure from: Name and Address of Mortgage In accordance with the Homeowner's Emergency Mortgage Assistance Program, this is to inform you that: 1. If the delinquency cannot be resolved with in the 30 day forbearance period as provided by the Servicer, the applicant listed above may apply to the Pennsylvania Housing Finance Agency for Homeowner's Emergency Mortgage Assistance. 2. By a copy of this Notice, we are notifying all other mortgagees, if any, which the applicant has indicated as also having a mortgage on the property identified above. 3. It is our understanding that the 30 day forbearance period in which we are now in ends on 4. No legal action to enforce the mortgage may occur during this forbearance period, unless procedural time limits were not met by the homeowner. * Indicates Counties Serviced Acorn Housing Corporation 846 North Broad Street Philadelphia, PA 19130 (215) 765-1221 *Bucks, Chester, Delaware, Montgomery Philadelphia American Financial Counseling Services 1 Abington Plaza, Suite 403 Old York Road and Township Line Jenkintown, PA 19046 (800) 490-3039 *Delaware, Montgomery Action Housing Inc American Financial Counseling Services 425 6th Avenue, Suite 950 175 Strafford Avenue, Suite One Pittsburgh, PA 15219 Wayne, PA 19087 (412) 281-2102 800) 490-3039 *Allegheny, Beaver, Butler, Fayette, Greene, *Bucks, Chester, Delaware, Mongomery, Washington, Westmoreland Philadelphia Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (717) 334-1518 *Adams, Cumberland, Franklin, York American Financial Counseling Services 906 Penn Avenue Wyomissing, PA 19610 (610) 780-0680 *Barks Advocates for Financial Independence 1806 S Broad Street, Suite 1B Philadelphia, PA 19145 (215) 389-2810 *Philadelphia Allegheny County Acorn 5907 Penn Avenue, Suite 300 Pittsburgh, PA 15206 (412) 441-6551 *Allegheny American Credit Counseling Institute 21 S Church Street West Chester, PA 19380 (888) 212-6741 *Chester American Credit Counseling Institute 300 North Pottstown Pike, Suite 210 Exton, PA 19341 (888) 212-6741 *Barks, Bucks, Montgomery American Credit Couseling Institute 528 Dekalb Street Norristown, PA 19401 (610) 971-2210 *Montgomery American Credit Counseling Institute 530 W Street Road, Suite 201 Warminster, PA 18974 (215) 444-9429 *Bucks, Montgomery, Philadelphia American Credit Counseling Institute 845 Coates Street Coatesville, PA 19320 (888) 212-6741 *Bucks, Chester, Montgomery, Philadelphia American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 *Adams, Franklin, York American Red Cross of Chester 1729 Edgemont Avenue Chester, PA 19013 (610) 874-1484 *Chester, Delaware APM 2147 Norht Sixth Street Philadelphia, PA 19122 (215) 235-6788 *Chester, Delaware, Philadelphia Armstrong CO Community Action Agency 124 Armsdale Road, Suite 211 Kittanning, PA 16201 (724) 548-3405 *Armstrong Blair County Community Action Agency 2100 6th Avenue, Suite 102 P.O. Box 1833 Altoona, PA 16602 (814) 946-3651 *Blaid Booker T. Washington Center 1720 Holland Street Erie, PA 16503 (814) 453-5744 *Crawford, Erie, Warren Bucks County Housing Group 200 West Bridge Street Morrisville, PA 19067 (866) 866-0280 *Bucks Bucks County Housing Group 470 Old Dublin Pike Doylestown, PA 18901 (866) 866-0280 *Bucks Bucks County Housing Group 515 West End Blvd Quakertown, PA 18951 (866) 866-0280 *Bucks Budget Counseling Center 247 North Fifth Street Reading, PA 19601 (610) 375-7866 *Berks, Chester, Schuylkill Carroll Park Community Council, Inc. 5218 Master Street Philadelphia, PA 19131 (215) 877-1157 *Chester, Delaware, Philadelphia CCCS of Delaware Valley 1230 New Rodgers Road, Suite F1 Bristol, PA 19007 (215) 563-5665 *Bucks CCCS of Delaware Valley 1515 Market Street, Suite 1325 Philadelphia, PA 19107 (215) 563-5665 *Bucks, Delaware, Montgomery, Philadelphia CCCS of Delaware Valley 1777 Sentry Parkway W, Suite 200 Blue Bell, PA 19422 (215) 563-5665 *Montgomery CCCS of Delaware Valley 280 North Providence Road Media, PA 19063 (215) 563-5665 *Delaware CCCS of Delaware Valley Marshal Building 790 E Market St, Suite 170 West Chester, PA 19382 (215) 563-5665 *Chester, Delaware CCCS of Delaware Valley Catholic Social Services Building 7340 Jackson Street Philadelphia, PA 19136 (215) 563-5665 *Bucks, Philadelphia American Credit Counseling Institute CCCS of Delaware Valley 937 North Hanover Street Bucks County Housing Group One Cherry Hill, Suite 215 Pottstown, PA 19460 2324 Second Street Pike, Suite 17 Cherry Hill, PA 08002 (888) 212-6741 Wrightstown, PA 18940 (215) 563-5665 *Barks, Bucks, Montgomery (866) 866-0280 *Philadelphia *Bucks Bucks County Housing Group 349 Durham Road Penndel, PA 19047 (866) 866-0280 *Bucks CCCS of Lehigh Valley 3671 Crescent Court East Whitehall, PA 18052 (610) 821-4011 *Berks, Bucks, Carbon, Lancaster, Lehigh, Northhampton, Schuylkill 1 CCCS of Northeastern PA 1400 Abington Exec. Park, Suite 1 Clarks Summitt, PA 18411 (570) 587-9163 'Carbon, Columbia, Lackawanna Lycoming, Monroe, Montour, Northumberland, Pike, Sullivan, Tioga, Union, Wayne, Wyoming CCCS of Northeastern PA 201 Basin Street, Suite 6 Williamsport, PA 17701 (570) 323-6627 'Centre, Clinton, Lycoming, Northumberland, Union CCCS of Northeastern PA 202 W Hamilton Avenue State College, PA 16801 (814) 238-3668 `Blair, Centre, Clearfield, Clinton, Huntingdon, Juniata, Mifflin CCCS of Northeastern PA 401 Laurel Street Pittston, PA 18640 (570) 602-2227 'Bradford, Carbon, Columbia, Lackawanna, Lycoming, Monroe, Montour, Northumberland, Pike, Sullivan, Tioga, Union, Wayne, Wyoming CCCS of Northeastern PA 411 Main Street, Suite 104 Stroudsburg, PA 18360 (570) 420-8980 `Bradford, Carbon, Monroe, Pike, Wayne CCCS of Western PA 1 North Gate Square #2 Garden Center Dr Greensburg, PA 15601 (888) 511-2227 'Fayette, Greene, Indiana, Somerset, Washington, Westmoreland CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 (888)511-2227 `Adams, Cumberland, Dauphin, Franklin, Perry, Synder, York CCCS of Western PA 219-A College Park Plaza Johnstown, PA 15904 (888) 511-2227 `Cambria, Clearfield, Indiana, Somerset CCCS of Western PA 312 Chestnut Street, Suite 227 Meadville, PA 16335 (888) 511-2227 'Lawrence CCCS of Western PA 41 East Chestnut Street Washington, PA 15301 (888)511-2227 'Washington CCCS of Western PA 4402 Peach Street Erie, PA 16509 (888) 511-2227 'Crawford, Erie, Warren Indicates Counties Serviced CCCS of Western PA 524 Franklin Avenue Aliquippa, PA 15001 (888) 511-2227 'Cameron Community Action Southwest 150 W Beau Street, Suite 304 Washington, PA 15301 (724) 225-9550 'Washington CCCS of Western PA 917 A Logan Boulevard Altoona, PA 16602 (888) 511-2227 'Armstrong, Bedford, Blair, Cambria, Centre, Clearfield, Huntingdon, Juniata, Mifflin, Union CCCS of Western PA 971 Third Street Beaver, PA 15009 (888) 511-2227 'Beaver CCCS of Western PA Colonial Shopping Center 970 S George Street York, PA 17403 (888) 511-2227 'Franklin, Fulton, Lancaster, York CCCS of Western PA Pullman Commerce Center 112 Hollywood Dr Butler, PA 16001 (888) 511-2227 'Butler, Clarion, Jefferson, Mercer, Venango CCCS of Western PA River Park Commons 2403 Sidney Street Pittsburgh, PA 15203 (888) 511-2227 'Allegheny Chester Community Improvement Project 412 Avenue of the States P.O. Box 541 Chester, PA 19016 (610) 876-8663 'Chester, Delaware, Montgomery, Philadelphia Comm. On Econ Opportunity of Luzeme Co. 163 Amber Lane Wilkes-Barre, PA 18702 (570) 826-0510 'Carbon, Luzerne, Schuylkill, Wyoming Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17094 'Cumberland, Dauphin, Franklin, Perry, Synder Community Action Committee of the Lehigh Valley 1337 East Fifth Street Bethlehem, PA 18015 (610) 691-5620 'Barks, Carbon, Lehigh, Monroe, Northhampton Community Action Development Comm - CADCOM 113 E Main Street Norristown, PA 19401 (610) 277-6363 'Montgomery Community Action Southwest 58 E Greene Street Waynesburg, PA 15370 (724) 852-2893 'Allegheny, Fayette, Greene, Washington, Westmoreland Congreso 216 West Somerset Street Philadelphia, PA 19133 (215) 763-8870 `Philadelphia Council of Spanish Speaking Organization 705-09 North Franklin St Philadelphia, PA 19123 (215) 627-3100 `Philadelphia Diversified Community Service Dixon House 1920 South 20th Street Philadelphia, PA 19145 (215) 336-3511 'Bucks, Chester, Delaware, Philadelphia Fair Housing Partnership of Greater Pittsburgh, Inc. 2840 Liberity Ave., Suite 205 Pittsburgh, PA 15222 (412) 391-2535 'Allegheny Fayette Co. Community Action Agency Inc 137 North Beeson Avenue Uniontown, PA 15401 (724) 437-6050 `Fayette, Somerset FOB CDC 1201 West Only Avenue Philadelphia, PA 19141 (215) 549-8755 'Bucks, Chester, Delaware, Philadelphia Frankford CDC 4625 Frankford Avenue, 2nd Floor Philadelphia, PA 19124 (215) 743-9201 'Philadelphia Garfield Jubilee Associates 5138 Penn Avenue Pittsburgh, PA 15224 (412) 665-5200 'Allegheny Germandtown Settlement 5538 Wayne Avenue Bldg C Philadelphia, PA 19144 (215) 849-3104 'Bucks, Chester, Delaware, Montgomery, Philadelphia Greater Erie Commun. Action Committee 18 West 9th Street Erie, PA 16501 (814) 459-4581 *Crawford, Erie, Venango, Warren HACE 167 W Allegheny Ave., 2nd Floor Philadelphia, PA 19140 (215) 426-8025 *Bucks, Chester, Delaware, Philadelphia Housing Alliance of York 35 South Duke Street York, PA 17401 (717) 854-1541 *York Housing Assoc. of Delaware Valley 1500 Walnut Street, Suite 601 Philadelphia, PA 19102 (215) 545-6010 *Philadelphia Housing Assoc. of Delawre Valley 658 North Watts Street Philadelphia, PA 19123 (215) 978-0224 *Philadelphia Housing Opportunities of Beaver Co. 320 College Avenue, Unit 1 Beaver, PA 15009 (724) 728-7511 *Beaver, Lawrence Housing Partnership of Chester County 41 West Lancaster Avenue Downingtown, PA 19335 (610) 518-1522 *Chester, Delaware, Montgomery Huntingdon County Housing Servicing Weatherization, Inc. 917 Mifflin Street Huntingdon, PA 16652 (814) 643-2342 *Bedford, Blair, Fulton, Huntingdon, Juniata Mifflin, Perry Indiana Co. Community Action Prog. 827 Water Street Box 187 Indiana, PA 15701 (724) 465-2657 *Armstrong, Cambria, Clearfield, Indiana, Jefferson, Westmoreland Intercultural Family Services Inc. 4225 Chestnut Street Philadelphia, PA 19104 (215) 386-1298 *Philadelphia Keystone Economic Develop. Corp. 1954 Mary Grace Lane Johnstown, PA 15901 (814) 535-6556 *Bedford, Blair, Cambria, Clearfield, Indiana, Somerset, Westmoreland * Indicates Counties Serviced Koren Comm. Develop. Services Center 6055 Norht 5th Street Philadelphia, PA 19120 (215) 276-8830 *Philadelphia New Life Comm. Housing Devel Corp. 712 Hawkins Avenue Braddock, PA 15104 (412) 351-4077 *Allegheny, Washington, Westmoreland Lawrence County Social Services, Inc. 241 West Grant Street P.O. Box 189 New Castle, PA 16103 (724) 658-7258 *Lawrence Liberty Resources 714 Market Street, Suite 100 Philadelphia, PA 19106 (215) 634-2000 *Philadelphia Loveship, Inc. 2320 North 5th Street Harrisburg, PA 1711 (717) 232-2207 *Cumberland, Dauphin, Perry Lycom-Clntn Co Comm fo Comm Action 2138 Lincoln Street P.O. Box 3568 Williamsport, PA 17703 (570) 326-0587 *Centre, Clinton, Lycoming, Union Northern Tier Community Action Corp. 135 West 4th Street P.O. Box 389 Emporium, PA 15834 (814)4861161 *Cameron, Elk, Mckean, Potter Northwest Counseling Service 5001 North Broad Street Philadelphia, PA 19141 (215) 324-7500 *Bucks, Chester, Delaware, Montgomery, Philadelphia Nueva Esperanza 4261 North 5th Street Philadelphia, PA 19140 (215) 324-0746 *Philadelphia Pennsylvania Housing Finance Agency 2275 Swallow Hill Rd., Bldg 200 Pittsburgh, PA 15220 (412) 429-2842 *Allegheny Maranatha PHFA 43 Philadelphia Avenue 211 North Front Street Waynesboro, PA 17268 Harrisburg, PA 17110 (717) 762-3285 (800-) 342-2397 *Adams, Cumberland, Franklin, Fulton, Perry *Cumberland, Dauphin Media Fellowship House 302 South Jackson Street Media, PA 19063 (610) 565-0434 *Chester, Delaware Philadelphia Council for Comm. Advmnt. 100 N 17th St, Suite 600 Philadelphia, PA 19103 (215) 567-7803 *Chester, Delaware, Montgomery, Philadelphia Mon Valley Unemployment Committee 1800 West St., 3rd Floor Homestead, PA 15120 (412) 462-9962 *Allegheny, Washington, Westmoreland Mt. Airy, USA 6703 Germantown Ave., Suite 200 Philadelphia, PA 19119 (215) 844-6021 *Philadelphia Nazareth Housing Services 285 Bellevue Road Pittsburgh, PA 15229 (412) 931-3510 *Allegheny Neighborhood Housing Services Inc. 213 N 5th St., Suite 1030 Reading, PA 19601 (610) 372-8433 *Barks Neighborhood Housing Services 710 5th Avenue, Suite 1000 Pittsburgh, PA 15219 (412) 281-9773 *Allegheny Philadelphia Senior Center 509 South Broad Street Philadelphia, PA 19147 (215) 546-5879 *Philadelphia Schuylkill Community Action 225 N. Centre Street Pottsville, PA 17901 (570) 622-1995 *Berks, Carbon, Lebanon, Lehigh, Luzeme, Northumberland, Schuylkill Shenango Valley Urban League, Inc. 601 Indiana Avenue Farrell, PA 16121 (724) 981-5310 *Crawford, Lawrence, Mercer South Philadelphia H.O.M.E.S. 1444 Point Breeze Avenue Philadelphia, PA 19146 (215) 334-4430 *Philadelphia Southwest Community Development Corp. 6368 Paschall Avenue Philadelphia, PA 19142 (215) 729-0800 *Philadelphia V " Indicates Counties Serviced St. Martin Center 1701 Parade Street Erie, PA 16503 (814) 452-6113 'Crawford, Erie, Venango, Warren The Trehab Center of Northeastern PA 115 SR 92S Tuckhannock,PA 18657 (570) 836-6840 'Wyoming United Communties Southeast Philadelphia 2029 South 8th Street Philadelphia, PA 19148 (215) 467-8700 `Philadelphia Tableland Services Inc. 535 East Main Street Somerset, PA 15501 (814) 445-9628 'Cambria, Fayette, Somerset, Westmoreland Tabor Community Services 308 E King Street, Suite 1 Lancaster, PA 17602 (717) 397-5182 'Chester, Lancaster, Lebanon The NORCAM Group 4200 Crawford Avenue, Suite 200 Northern Cambria, PA 15714 (814) 948-4444 'Cambria, Clearfield The Trehab Center of Northeastern PA 10 Public Avenue P.O. Box 366 Montrose, PA 18801 (570) 278-3338 'Susquehanna The Trehab Center of of Northeastern PA 1225 Main Street Honesdale, PA 18431 (570) 253-8941 `Bradford, Sullivan, Susquehanna, Tioga, Wayne, Wyoming The Trehab Center of Northeastern PA 144 E East Avenue Welisbom, PA 16901 (570) 724-5252 'Tioga The Trehab Center of Northeastern PA German Street P.O. Box 389 Dushore, PA 18614 (570) 928-9667 'Sullivan The Trehab Center of Northeastern PA The Enterprise Center 703 S. Elmer Ave., Suite M-6 Sayre, PA 18840 (570) 888-0412 'Bradford Urban League of Philadelphia 1818 Market Street Philadelphia, PA 19103 (215) 561-6070 'Bucks, Delaware, Philadelphia Urban League of Pittsburgh Building for Equal Opportunity One Smithfield St. Pttsburgh, PA 15222 (412) 2274802 'Allegheny Voices for Independence 3711 West 12th Street Erie, PA 16505 (800) 838-9890 'Erie Warren-Forest Counties Economic Opportunity Council 1209 Pennsylvania Ave W. P.O. Box 547 Warren, PA 16365 (814) 726-2400 'Forest, Waren i VERIFICATION The undersigned hereby states that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to.unsworn falsification to authorities. EMC Mortgage Corporation, Attorney-in-Fact for Citibank, N.A., as Trustee for Certificateholders of Bear Stearns Asset Backed Securities Trust 2007-2, Asset Backed Certificates, Series 2007-2 LoanNumber: 0003579190 - `" :. ?? t CJ ? ?, ' ? - _ ` . ? \. ? ? . 1 C? ? ?. ? { ;? SHERIFF'S RETURN - REGULAR CASE NO: 2008-07091 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EMC MORTGAGE CORPORATION VS LONG JOHN D ET AL NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LONG JOHN D AKA LONG JOHN DAVID the DEFENDANT at 0020:10 HOURS, on the 10th day of December-, 2008 at 3001 MAYFRED LANE CAMP HILL, PA 17011 by handing to ANNA K. LONG ADULT IN CHARGE 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 18.00 Service 12.60 Affidavit .00 Surcharge 10.00 00 /a/140 4 Sworn and Subscibed to before me this day of , So Answers: Thomas ine 12/11/2008 GREGORY JAVARDIAN By: Zl> Deputy Sheriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-07091 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EMC MORTGAGE CORPORATION VS LONG JOHN D ET AL NOAH CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE LONG ANNA K AKA LONG ANNA KATHRYN was served upon the DEFENDANT , at 0020:10 HOURS, on the 10th day of December , 2008 at 3001 MAYFRED LANE CAMP HILL, PA 17011 by handing to ANNA K. LONG DEFENDANT 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 );lj4or 1?- So Answers: 6.00 .00 ?2 ? .00 4 -;:?? 10.00 R. Thomas Kline 00 16.00 12/11/2008 GREGORY JAVARDIAN Sworn and Subscibed to before me this By : day - Deputy Sheriff of A. D. .ow LAW OFFICES OF GREGORY JAVARDIAN 4w By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR CITIBANK, N.A., AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2007-2, ASSET BACKED CERTIFICATES, SERIES 2007-2 800 STATE HIGHWAY 121 BYPASS LEWISVILLE, TX 75067-4180 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-7091 CIVIL TERM VS. JOHN D. LONG, A/K/A JOHN DAVID LONG ANNA K. LONG, A/K/A ANNA KATHRYN LONG 3001 MAYFRED LANE CAMP HILL, PA 17011 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JOHN D. LONG, A/K/A JOHN DAVID LONG and ANNA K. LONG, A/K/A ANNA KATHRYN LONG, Defendants, for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As Set forth in Complaint $108,943.62 Interest 11/8/08 to 1/12/09 1,823.90 TOTAL $110,767.52 I hereby certify that (1) the addresses of the Plaintiff and Defendants are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. GREGrY?AVARDIAN, ESQUIRE Attorn o Plaintiff Damages are hereby assessed as indicated. (?]. DATE: I Roe PRO PROTEY „., EMCIvIOR'T'GAGE CORPORATION. " ATTOIZNF"y'-IN-FACT FOR C;ITIBANK. N.A.. AS TRI)STEE FOIZ CER f1FICATEHOLDERS OF BEAR STF.ARNS ASSET BACKED SECURITIES TRi ST 2007-2, ASSET BACKED CERTIFICATES, SERIES 2007-2 Plaintiff V. JOHN D. LONG A/K/A JOHN DAVID LONG ANNA K. LONG A/K/A ANNA KATHRYN LONG Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 08-7091 CIVIL TERM TO: JOHN D. LONG A/K/A JOHN DAVID LONG A'N'NA K. LONG A/K/A ANNA KATHRYN LONG 3001 MAYFRED LANE CAMP HILL., PA 17011 DA'L'E OF NOTICE: 12!3112008 NOTICE., RULE 237.1 IMPORTANT NOTICE 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 se forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered aa,ainst you without a hearing and you may lose your property or other important tights. 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 Bar Association 32 South Bedford treet Carlisle, P I (800) 99 1 ? (717)249- Gregory 6 Javardian, Esquire 1310 Industrial Boulevard 1" Floor, Suite 101 Southampton, PA 18966 (215) 942-9690 Attorney for Plaintiff Usted se encuentra en estado de rebeldia por no haber tornado la accion requiida de su parte en este caso. Al no tomar la accion debida dentro de un tetmi.no de diez (10) dias de esta notification. el tribunal podra, sin necesidad de compararecer usted en torte o escuchar prueba aiguna, dictar sentencia en su contra, usted puede perder bienes y otros derechos importantes. De.be llevar esta notiticacion a u.n abogado iminediatemente si usted no tiene abogado, o si no tiene dinero suficiente para tal servicio, vaya en persona o ]lame por telpfono a la oficina, cuya direction se encuentra escrita abajo para averiguar donde se puede conseguir assistencia legal. "NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE" LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD I ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR CITIBANK, N.A., AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2007-2, ASSET BACKED CERTIFICATES, SERIES 2007-2 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-7091 CIVIL TERM VS. JOHN D. LONG, A/K/A JOHN DAVID LONG ANNA K. LONG, A/K/A ANNA KATHRYN LONG VERIFICATION OF NON-MILITARY SERVICE GREGORY JAVARDIAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) Defendants, JOHN D. LONG, A/K/A JOHN DAVID LONG and ANNA K. LONG, A/K/A ANNA KATHRYN LONG, are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers' Civil Relief Act of Congress of 1940, as amended. (b) Defendant, JOHN D. LONG, A/K/A JOHN DAVID LONG, is over 18 years of age, and resides at 3001 MAYFRED LANE, CAMP HILL, PA 17011. (c) Defendant, ANNA K. LONG, A/K/A ANNA KATHRYN LONG, is over 18 years of age, and resides at 3001 MAYFRED LANE, CAMP HILL, PA 17011. (d) Plaintiff, EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR CITIBANK, N.A., AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2007-2, ASSET BACKED CERTIFICATES, SERIES 2007-2, is an institution conducing business under the Laws of the Commonwealth of Pennsylvania with an address of 800 STATE HIGHWAY 121 BYPASS, LEWISVILLE, TX 75067-4180. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. GREG JAVARDIAN, ESQUIRE SU Z 0 = p? 3y j, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR CITIBANK, N.A., AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2007-2, ASSET BACKED CERTIFICATES, SERIES 2007-2 800 STATE HIGHWAY 121 BYPASS LEWISVILLE, TX 75067-4180 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-7091 CIVIL TERM VS. JOHN D. LONG, A/K/A JOHN DAVID LONG ANNA K. LONG, A/K/A ANNA KATHRYN LONG 3001 MAYFRED LANE CAMP HILL, PA 17011 PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly issue Writ of Execution in the above matter. Amount Due interest from 1/12/09 to Date of Sale @ $18.20 per diem $110,767.52 Subtotal (Costs to be added) - ?Ij? G RY JAVARDIAN, ESQUIRE y for Plaintiff I.D. #55669 1310 Industrial Boulevard 1 st Floor, Suite 101 Southampton, PA 18966 (215) 942-9690 j- p p0©0 T o o EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR CITIBANK, N.A., AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2007-2, ASSET BACKED CERTIFICATES, SERIES 2007-2 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-7091 CIVIL TERM VS. JOHN D. LONG, A/K/A JOHN DAVID LONG ANNA K. LONG, A/K/A ANNA KATHRYN LONG AFFIDAVIT PURSUANT TO RULE 3129.1 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 3001 MAYFRED LANE, CAMP HILL, PA 17011: 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOHN D. LONG, A/K/A 3001 MAYFRED LANE JOHN DAVID LONG CAMP HILL, PA 17011 ANNA K. LONG, A/K/A 3001 MAYFRED LANE ANNA KATHRYN LONG CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: JOHN D. LONG, A/K/A JOHN DAVID LONG 3001 MAYFRED LANE CAMP HILL, PA 17011 ANNA K. LONG, A/K/A ANNA KATHRYN LONG 3001 MAYFRED LANE CAMP HILL, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Plaintiff. 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Domestic Relations Cumberland County Tax Claim Bureau PA Department of Public Welfare Bureau of Child Support Enforcement 13 N. Hanover Street Carlisle, PA 17013 1 Courthouse Square Carlisle, PA 17013-3387 Health and Welfare Building - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 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: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenants/Occupants 3001 MAYFRED LANE CAMP HILL, PA 17011 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unworn falsification to authorities. RY JAVARDIAN, ESQUIRE o ey for Plaintiff February 20, 2009 LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (,215) 942-9690 EMC MORTGAGE CORPORATION, COURT OF COMMON PLEAS ATTORNEY-IN-FACT FOR CITIBANK, N.A., AS TRUSTEE FOR CUMBERLAND COUNTY CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED No.: 08-7091 CIVIL TERM SECURITIES TRUST 2007-2, ASSET BACKED CERTIFICATES, SERIES 2007-2 Vs. JOHN D. LONG, A/K/A JOHN DAVID LONG ANNA K. LONG, A/K/A ANNA KATHRYN LONG CERTIFICATION TO SHERIFF OF CUMBERLAND COUNTY AS TO THE SALE OF REAL ESTATE I hereby certify that I am the attorney for the Plaintiff in this Mortgage Foreclosure Action and further certify this Property is: () FHA O Tenant Occupied () Vacant () Commercial () As a result of Complaint in Assumpsit (X) Act 91 complied with 1*1-1-1- GR RY JAVARDIAN, ESQUIRE Att a for Plaintiff c`? c: ;? ;-i . , ,--. , -? a) . J L..- ? . „ ? ,C:' ?'_ - r - , _---, rY .'y .. _? .k ? ??+ ? " -: ?-r i ?? ? ?-- ?: ..,r LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR CITIBANK, N.A., AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2007-2, ASSET BACKED CERTIFICATES, SERIES 2007-2 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-7091 CIVIL TERM VS. JOHN D. LONG, A/K/A JOHN DAVID LONG ANNA K. LONG, A/K/A ANNA KATHRYN LONG NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JOHN D. LONG, A/K/A JOHN DAVID LONG ANNA K. LONG, A/K/A ANNA KATHRYN LONG 3001 MAYFRED LANE CAMP HILL, PA 17011 Your house (real estate) at 3001 MAYFREE,D LANE CAMP HILL PA 17011, is scheduled to be sold at Sheriffs Sale on JUNE 10, 2009 at 10:00 A.M., in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of $110,767.52, obtained by EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR CITIBANK, N.A., AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2007-2, ASSET BACKED CERTIFICATES, SERIES 2007-2, against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 2? 15) 942-%90. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-7091 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EMC MORTGAGE CORPORATION, Attorney-in-Fact for CITIBANK, N.A., as Trustee for Certificateholders of BEAR STEARNS ASSET BACKED SECURITIES TRUST 2007-2, ASSET BACKED CERTIFICATES, SERIES 2007-2, Plaintiff (s) From JOHN D. LONG a/k/a JOHN DAVID LONG ANNA K. LONG a/k/a ANNA KATHRYN LONG (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 $110,767.52 L.L. $.50 Interest from 1/12/09 to Date of Sale @ $18.20 per diem Atty's Comm % Due Prothy $2.00 Atty Paid $175.6 Other Costs to be added Plaintiff Paid Date: 2/24/09 Curtis R. 4Lo, 6onary (Seal) By: Deputy REQUESTING PARTY: frame: GREGORY JAVARDIAN, ESQUIRE Address: LAW OFFICES OF GREGORY JAVARDIAN 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 Attorney for: PLAINTIFF Telephone: 215-942-9690 Supreme Court ID No. 55669 T 4 LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR CITIBANK, N.A., AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2007-2, ASSET BACKED CERTIFICATES, SERIES 2007-2 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-7091 CIVIL TERM 'VS. JOHN D. LONG, A/K/A JOHN DAVID LONG ANNA K. LONG, A/K/A ANNA KATHRYN LONG AFFIDAVIT OFSERVICE PURSUANT TO RULE 3129.1 I hereby certify that I have sent copies of the Notice of Sheriff Sale to the Defendants' certified and regular United States mail and all lien holders or judgment creditors of record as required by Pa.R.C.P. by first class United States mail, postage prepaid, on the date set forth below. (See attached Exhibit "A"). Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013-3387 Tenants/Occupants 3001 MAYFRED LANE CAMP HILL, PA 17011 JOHN D. LONG, A/K/A JOHN DAVID LONG 3001 MAYFRED LANE CAMP HILL, PA 17011 ANNA K. LONG, A1K/A ANNA KATHRYN LONG 3001 MAYFRED LANE CAMP HILL, PA 17011 PA Department of Public Welfare Bureau of Child Support Enforcement Health and Welfare Building - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 Dated: 3 i o ? 54----- G RI JAVARDIAN, ESQUIRE A ey r Plaintiff 09 is c o t u ?a C) 4 r ?,,. 06 f1f ii 7 O 0 0 M c a a y . ? o« .» L l mm z v m m w p z.. P U d w 0 0 ti 0 w N Lrl r i J ? r rn c z Lr7 w 0 0 ru 0 w ru G' cr _ ab Q p?dd? ~ y -01 C/) O ? ? Q ?C J z r ?p ? ~r a or .-p Q c ~ za c? I ro 0 bd N V I-n o'l ro a d b i ?z H tzi i u, m °m n 1 as: r 9965 4 3QOOdIZ WOHJ O31'VW . 60A02 0?0?. S?bZLw?OZO ?'-soa s?ay? ?o0-1 In, z x zz .? ' ' a v ~r 0 ~ Cn 2. Article umber 7160 3820 3530 0203 2522 1. Pi UUCP M.-..uv. - TENANTS OCCUPANTS 3001 MAYFRED LANE CAMP HILL, PA 17011 al M1 7160 3820 3530 0203 2614 PS Form 3811, January 2005 Domestic Return Rswipt 2. Article Number I SANNA K. LONG, A/K/A ANNA KATHRYN LONG 3001 MAYFRED LANE CAMP HILL, PA 17011 PS Form 3811, January 2005 Domestic Return Receipt Z. Article NUfffibbr A. Received by (PMN print - aoosrv) B. DaM of Dstlvery o ?w L ?a1 C. siwak" C, 7160 3820 3530 0203 2584 X ,P-Al ?? JOHN D. LONG, A/K/A JOHN DAVID LONG 3001 MAYFRED LANE CAMP HILL, PA 17011 PS Form 3811, January 2005 Domestic Return Receipt o Q1 (O gO CO N V C a? N o ? O - - - - in tli c"I U- d `+• o - I ?sd31lrVS1 0 ? ? . ti 4 ?m > N a. m? U . x _ r a C ? H E N O a y? ma mfg ?. U `?m y? LL x Q ` O U r, C N O O p d •? G ? J G ? O m w ? O °? U a d (D ENE?'? ro 8 :3 4) 05 r N 5 o 0 D El 11 O W U c O U 0 0 .? ch ?, E O .. O a) O o N x N U A U CL U U O W r 21, U L U O 1 ? G _ at v c r a7 1. E L.... as i z ks J IN Iui 16 In m y m m C 0 c m «1 r rn V a CL CD 0 N C m L CC O'• IL m 0 Y C M m a a N al U m Q N a? o w N O O ? a_ m z'm a -61 N F O NO 2 N u- `09 ti Em M EU) Z.0 Z LL m 0 o !P fn ?- -j n- February 20, 2009 NO ICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ALL PARTIES IN INTEREST AND CLAIMANTS OWNER(S): JOHN D. LONG, A/K/A JOHN DAVID LONG ANNA K. LONG, A/K/A ANNA KATHRYN LONG PLAINTIFF/SELLER: EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR CITIBANK, N.A., AS TRUSTEE FOR CERTIFICATEHO DES TRUST 2007-2, SSET BACKED BACKED SECURITIES CERTIFICATES, SERIES 2007-2 DEFENDANT(S): JOHN D. LONG, A/K/A JOHN DAVID LONG ANNA K. LONG, A/K/A ANNA KATHRYN LONG PROPERTY: 3001 MAYFRED LANE CAMP HILL, PA 17011 CUMBERLAND C.C.P. NO. 08-7091 CIVIL TERM The above captioned prope is scheduled to be o?oSheriffs e?CarlisleJ PAl/ 013 -2009You 10-00 A.M., in the Cumberland Co ty Courthouse, may hold a judgment on the prope , which may be extinguished by the sale. You may wish to attend the Sheriff's Sale to protect your interest. A schedule of distribution will be filed by the made Sheriff on with then hedule unlessnot later than 30 days after sale. Distribution will be mad exceptions are filed thereto within 10 days after the filing of the schedule. Sincerely, dry ?f gf J dian, Esquire Gregory Law Offices of Gregory Javardian 1310 Industrial Boulevard 1 st Floor, Suite 101 Southampton, PA 18966 (215) 942-9690 ?T FILE i 1gyp'; ?i Ill( THE 2009 MAY I I Pli 3* 59 CIF TE - ,; - ,nn.En;q KMQ0r, T 12 A 11 13 In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-7091 Civil Term EMC Mortgage Corporation, Attorney-In-Fact for Citibank, N.A., as Trustee for Certificateholders of Bear Stearns Asset Backed Securities Trust 2007-2, Asset Backed Certificates, Series 2007-2 VS John D. Long, a/k/a John David Long and Anna K. Long, a/k/a Anna Kathryn Long Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on February 28, 2009 at 1053 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: John D. Long, a/k/a John David Long and Anna K. Long, a/k/a Anna Kathryn Long, by making known unto Wanda Long, daughter and as Adult in Charge, at, 3001 Mayfred Lane, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2009 at 1132 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 John D. Long, a/k/a John David Long and Anna K. Long, a/k/a Anna Kathryn Long, located at, 3001 Mayfred Lane, Camp Hill, Cumberland County Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: John D. Long, a/k/a John David Long and Anna K. Long, a/k/a Anna Kathryn Long, by regular mail to their last known address of, 3001 Mayfred Lane, Camp Hill, PA 17011. This letter was mailed under the date of April 2, 2009 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED. Sheriff's Costs: Docketing 30.00 Poundage 17.17 Posting Bills 15.00 Advertising 15.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Milage 25.20 Levy 15.00 Surcharge 30.00 Law Journal 355.00 Patriot News 315.49 Share of Bills 15.43 Post Pone Sale 40.00 875.79 ? iola?V°9 . j So Answ s, R. Thomas Kline, heriff / By Real Estate 07 . OZ) Cv y3-ir 9?13??93 EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR CITIBANK, N.A., AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2007-2, ASSET BACKED CERTIFICATES, SERIES 2007-2 VS. JOHN D. LONG, A/K/A JOHN DAVID LONG ANNA K. LONG, A/K/A ANNA KATHRYN LONG COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-7091 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 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 3001 MAYFRED LANE, CAMP HILL, PA 17011: 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOHN D. LONG, A/K/A JOHN DAVID LONG ANNA K. LONG, A/K/A ANNA KATHRYN LONG 3001 MAYFRED LANE CAMP HILL, PA 17011 3001 MAYFRED LANE CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: JOHN D. LONG, A/K/A JOHN DAVID LONG 3001 MAYFRED LANE CAMP HILL, PA 17011 ANNA K. LONG, A/K/A ANNA KATHRYN LONG 3001 MAYFRED LANE CAMP HILL, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Plaintiff. 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Domestic Relations Cumberland County Tax Claim Bureau PA Department of Public Welfare Bureau of Child Support Enforcement 13 N. Hanover Street Carlisle, PA 17013 1 Courthouse Square Carlisle, PA 17013-3387 Health and Welfare Building - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 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: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenants/Occupants 3001 MAYFRED LANE CAMP HILL, PA 17011 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unworn falsification to authorities. RY JAVARDIAN, ESQUIRE o ey for Plaintiff February 20, 2009 LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR CITIBANK, N.A., AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-7091 CIVIL TERM TRUST 2007-2, ASSET BACKED CERTIFICATES, SERIES 2007-2 vs. JOHN D. LONG, A/K/A JOHN DAVID LONG ANNA K. LONG, A/K/A ANNA KATHRYN LONG NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JOHN D. LONG, A/K/A JOHN DAVID LONG ANNA K. LONG, A/K/A ANNA KATHRYN LONG 3001 MAYFRED LANE CAMP HILL, PA 17011 Your house (real estate) at 3001 MAYFRED LANE, CAMP HILL, PA 17011, is scheduled to be sold at Sheriffs Sale on JUNE 10, 2009 at 10:00 A.M., in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the courtjudgment of $110,767.52, obtained by EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR CITIBANK, N.A., AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2007-2, ASSET BACKED CERTIFICATES, SERIES 2007-2, against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 2?1 942-9690. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also 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 below on 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. 1. 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 (215) 942-9690. 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 go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call Gregory Javardian, Esquire at (215) 942-9690. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff. This schedule will state who will be receiving that 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. 7. You may also have other rights and defenses, or ways of getting your home 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 BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Camp Hill, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the southwest corner of Mayfred Lane and South 30th Street; thence South 07 degrees East along the western line of South 30th Street 100 feet to a point; thence South 83 degrees West along the northerly line of Lot No. 12 on the hereinafter mentioned Plan, 110 feet to a point; thence North 07 degrees West along the eastern line of Lot No. 6 on said Plan, 100 feet to a point on the southerly line of Mayfred Lane; thence by the latter line, North 83 degrees East, 110 feet to the place of beginning. BEING Lot No. 5 on the Plan of Section A, Parkway Terrace, said Plan being recorded in Cumberland County Plan Book 10, Page 23. BEING known as 3001 MAYFRED LANE, CAMP HILL, PA 17011 BEING THE SAME PREMISES which Paul Dorgan, a single man, by Deed dated October 31, 1996 and recorded November 7, 1996 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 148, Page 879, granted and conveyed unto John D. Long and Anna K. Long, husband and wife. PARCEL No. 01-22-0533-203 ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Camp Hill, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the southwest corner of Mayfred Lane and South 30th Street; thence South 07 degrees East along the western line of South 30th Street 100 feet to a point; thence South 83 degrees West along the northerly line of Lot No. 12 on the hereinafter mentioned Plan, 110 feet to a point; thence North 07 degrees West along the eastern line of Lot No. 6 on said Plan, 100 feet to a point on the southerly line of Mayfred Lane; thence by the latter line, North 83 degrees East, 110 feet to the place of beginning. BEING Lot No. 5 on the Plan of Section A, Parkway Terrace, said Plan being recorded in Cumberland County Plan Book 10, Page 23. BEING known as 3001 MAYFRED LANE, CAMP HILL, PA 17011 BEING THE SAME PREMISES which Paul Dorgan, a single man, by Deed dated October 31, 1996 and recorded November 7, 1996 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 148, Page 879, granted and conveyed unto John D. Long and Anna K. Long, husband and wife. PARCEL No. 01-22-0533-203 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-7091 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EMC MORTGAGE CORPORATION, Attorney-in-Fact for CITIBANK, N.A., as Trustee for Certificateholders of BEAR STEARNS ASSET BACKED SECURITIES TRUST 2007-2, ASSET BACKED CERTIFICATES, SERIES 2007-2, Plaintiff (s) From JOHN D. LONG a/k/a JOHN DAVID LONG ANNA K. LONG a/k/a ANNA KATHRYN LONG (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 gamishee(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 $110,767.52 L.L. $.50 Interest from 1/12/09 to Date of Sale @ $18.20 per diem Atty's Comm % Due Prothy $2.00 Atty Paid $175.6 Other Costs to be added Plaintiff Paid Date: 2/24/09 Curtis R. Lo , rotho tary (Seal) By: Deputy REQUESTING PARTY: Name: GREGORY JAVARDIAN, ESQUIRE Address: LAW OFFICES OF GREGORY JAVARDIAN 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 Attorney for: PLAINTIFF Telephone: 215-942-9690 Supreme Court ID No. 55669 Real Estate Sale # 51 On February 26, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Camp Hill, Cumberland County, PA Known and numbered as 3001 Mayfred Lane, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 26, 2009 By: LS -Z d S Z 933 b60l J?183HS _: _ _ 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: May 1, May 8, and May 15, 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. sa Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 5 day of May, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 "AL =TAT3 SALN NO. 51 Writ No. 2008-7091 Civil EMC Mortgage Corporation, Attorney-In-Fact for Citibank, N.A., as Trustee for Certificateholders of Bear Stems Asset Backed Securities Trust 2007-2, Asset Backed Certificates, Series 2007-2 vs. John D. Long a/k/a John David Long and Anna K. Long a/k/a Anna Kathryn Long Atty.: Gregory Javardian ALL THAT CERTAIN piece or par- cel of land, situate in the Borough of Camp Hill, County of Cumberland and Commonwealth of Pennsylva- nia, note P=tculsrly bounded and desuibed as foRows, to wit: BEGINNING at a point at the southwest corner of Mayfred Lane and South 30th Street; thence South 07 degrees East along the western line of South 30th Street 100 feet to a point; thence South 83 degrees West along the northerly line of Lot No. 12 on the hereinafter mentioned Plan, 110 feet to a point; thence North 07 degrees West along the eastern line of Lot No. 6 on said Plan, 100 feet to a point on the southerly line of Mayfred Lane; thence by the latter line, North 83 degrees East, 110 feet to the place of beginning. BEING Lot No. 5 on the Plan of Section A, Parkway Terrace, said Plan being recorded in Cumberland County Plan Book 10, Page 23. BEING known as 3001 MAYFRED LANE, CAMP HILL, PA 17011. BEING THE SAME PREMISES which Paul Dorgan, a single man, by Deed dated October 31, 1996 and recorded November 7, 1996 in the Of- fice of the Recorder of Deeds in and for Cumberland County in Deed Book 148, Page 879, granted and conveyed unto John D. Long and Anna K. Long, husband and wife. PARCEL No. 01-22-0533-203. .? 'tae Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the PNow you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which ,appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true;, and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/24/09 05/01/09 05/08/09 Sworn to an u cribed before me this 12 day,of May, 2009 A.D. F Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie i_. "ner, Notary Public i City Of Harrisburg, Dauphin County i My Commission Expires Nov. 26, 2011 Member, Pennsylvania Association of Notaries Real Estate Sale No. 51 WNt No. 2008-7091 Civil Term EMC Mortgage Corporation, Attorney-in-Fact for Citibank, N.A., as Trustee for Csrtlficeteholders of Bear Stearns Asset Backed Securities Trust 2007-2, Asset Backed Certificates, Serlea 2007-2 VS John D. Long, a/k/a John David Long and Anna K. Long, a/Wa Anna Kathryn Long Attorney Gregory Javardlan LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Camp Hill, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINMNG at a point at the southwest corner of Mayfred Lane and South 30th Street; thence South 07 degrees East along the western line of South 30th Street 100 feet to a•point; thence South 83 degrees West along the northerly line of Lot No. 12 on the hereinafter mentioned Plan. 110 feet to a point; thence North 07 degrees West along the eastern line of Lot No. 6 on said Plan, 100 feet to a point on the southerly line of Mayfred Lane; thence by the latter line, North 83 degrees East, 110 feet to the place of beginning. BEING Lot No. 5 on the Plan of Section A. Parkway Terrace, said Plan being recorded in Cumberland County Plan Book 10, Page 23. BEING known as 3001 MAYiO LANE. CAMP HILL, PA 17011 BEING THE SAME PREMISES which Paul Dorgan, a single man, by Deed dated October 31, 1996 and recorded November 7,1996 in the Office oI the Recorder of Deeds in and for Cumberland County in Deed Book 148, Page 879, granted and conveyed unto John D. Long and Anna K. Long, husband and wife. PARCEL No, 01-22-0533-203 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR CITIBANK, N.A., AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2007-2, ASSET BACKED CERTIFICATES, SERIES 2007-2 7301 BAYMEADOWS WAY JACKSONVILLE, FL 32256 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-7091 CIVIL TERM vs. JOHN D. LONG, A/K/A JOHN DAVID LONG ANNA K. LONG, A/K/A ANNA KATHRYN LONG 3001 MAYFRED LANE CAMP HILL, PA 17011 PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE I N O 0 me s w a 3 CA 0 f2q.00 ?CL 4040 CSF r 1(o.00 it 1 885.'79 14.00 " 44.00 I,0 101.e4- Pa r.ny GREGO VARDIAN, ESQUIRE Attorne r laintiff I.D. #5 9 1310 Industrial Boulevard 1 st Floor, Suite 101 /n Southampton, PA 18966 4 01. oo ? a (215) 942-9690 C*9 5?9lo TO THE PROTHONOTARY: Kindly issue Writ of Execution in the above matter. Amount Due $110,767.52 Interest from 1/12/09 to Date of Sale @ $18.20 per diem $ Subtotal $ (Costs to be added) ?- -235 2xs A- 1"k- ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Camp Hill, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the southwest corner of Mayfred Lane and South 30`h Street; thence South 07 degrees East along the western line of South 30th Street 100 feet to a point; thence South 83 degrees West along the northerly line of Lot No. 12 on the hereinafter mentioned Plan, 110 feet to a point; thence North 07 degrees West along the eastern line of Lot No. 6 on said Plan, 100 feet to a point on the southerly line of Mayfred Lane; thence by the latter line, North 83 degrees East, 110 feet to the place of beginning. BEING Lot No. 5 on the Plan of Section A, Parkway Terrace, said Plan being recorded in Cumberland County Plan Book 10, Page 23. BEING known as 3001 MAYFRED LANE, CAMP HILL, PA 17011 BEING THE SAME PREMISES which Paul Dorgan, a single man, by Deed dated October 31, 1996 and recorded November 7, 1996 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 148, Page 879, granted and conveyed unto John D. Long and Anna K. Long, husband and wife. PARCEL No. 01-22-0533-203 r EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR CITIBANK, N.A., AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2007-2, ASSET BACKED CERTIFICATES, SERIES 2007-2 vs. JOHN D. LONG, A/K/A JOHN DAVID LONG ANNA K. LONG, A/K/A ANNA KATHRYN LONG COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-7091 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 A ^' o f w <, 3 0 o cn 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 3001 MAYFRED LANE, CAMP HILL, PA 17011: 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOHN D. LONG, A/K/A JOHN DAVID LONG ANNA K. LONG, A/K/A ANNA KATHRYN LONG 260 CUMBERLAND POINTE CIRCLE MECHANICSBURG, PA 17055 260 CUMBERLAND POINTE CIRCLE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: JOHN D. LONG, A/K/A 260 CUMBERLAND POINTE CIRCLE JOHN DAVID LONG MECHANICSBURG, PA 17055 ANNA K. LONG, A/K/A 260 CUMBERLAND POINTE CIRCLE ANNA KATHRYN LONG MECHANICSBURG, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. f .. 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Plaintiff. 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Domestic Relations Cumberland County Tax Claim Bureau PA Department of Public Welfare Bureau of Child Support Enforcement 13 N. Hanover Street Carlisle, PA 17013 1 Courthouse Square Carlisle, PA 17013-3387 Health and Welfare Building - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 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: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenants/Occupants 3001 MAYFRED LANE CAMP HILL, PA 17011 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. G O JAVARDIAN, ESQUIRE At or Plaintiff March 1, 2010 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA 4 IN RE: John David Long Anna Kathryn Long Debtor(s) Chapter 13 Proceeding 1:09-bk-04452 RNO Citibank, N.A., as Trustee for Certificateholders of Bear Steams Asset Backed Securities Trust 2007-2, Asset Backed Certificates, Series 2007-2 Movant V. John David Long Anna Kathryn Long and Charles J. DeHart, III, Esquire Respondent ORDER Upon consideration of Citibank, N.A., as Trustee for Certificateholders of Bear Stearns Asset Backed Securities Trust 2007-2, Asset Backed Certificates, Series 2007-2's Motion for Relief from the Automatic Stay it is hereby ORDERED AND DECREED that the Automatic Stay be modified to permit, Citibank, N.A., as Trustee for Certificateholders of Bear Stearns Asset Backed Securities Trust 2007-2, Asset Backed Certificates, Series 2007-2 and/or its successors and assigns to proceed with foreclosure on the property located at 3001 Mayfred Lane, Camp Hill, PA 17011 and obtain all other Relief available under the Non-Bankruptcy law. It is further ORDERED AND DECREED, that relief granted by this order shall survive the conversion of this bankruptcy case to a case under any other Chapter of the Bankruptcy Code. By the Court, Dated: January 13, 2010 6" v. oq..e Robert N. Opel, H, Bankruptcy Judge (DG) This document is electronically signed and filed on the same date. Case 1:09-bk-04452-RNO Doc 44 Filed 01/13/10 Entered 01/13/10 16:22:23 Desc Main Document Page 1 of 1 LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 215 942-9690 EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR CITIBANK, N.A., AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2007-2, ASSET BACKED CERTIFICATES, SERIES 2007-2 vs. JOHN D. LONG, A/K/A JOHN DAVID LONG ANNA K. LONG, A/K/A ANNA KATHRYN LONG RLED-? OF THE tl !H PW 2010 MAR -3 AM 10: 05 CUMBER u DJJNM PENNSAYANA COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-7091 CIVIL TERM CERTIFICATION TO SHERIFF OF CUMBERLAND COUNTY AS TO THE SALE OF REAL ESTATE I hereby certify that I am the attorney for the Plaintiff in this Mortgage Foreclosure Action and further certify this Property is: () FHA O Tenant Occupied O Vacant () Commercial () As a result of Complaint in Assumpsit (X) Act 91 complied with qi---- GRE O Y JAVARDIAN, ESQUIRE Att e for Plaintiff LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR CITIBANK, N.A., AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2007-2, ASSET BACKED CERTIFICATES, SERIES 2007-2 vs. JOHN D. LONG, A/K/A JOHN DAVID LONG ANNA K. LONG, A/K/A ANNA KATHRYN LONG RL&aiia OP THE PROTHOWTMY 2010 MAR -3 AM 10: 06 CUMSERLA'-40, COUNTY PENNStMA COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-7091 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JOHN D. LONG, A/K/A JOHN DAVID LONG ANNA K. LONG, A/K/A ANNA KATHRYN LONG 260 CUMBERLAND POINTE CIRCLE MECHANICSBURG, PA 17055 Your house (real estate) at 3001 MAYFRED LANE, CAMP HILL PA 17011, is scheduled to be sold at Sheriff s Sale on JUNE 2, 2010 at 10:00 A.M., in the Cumberland County Courthouse, Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of $110,767.52, obtained by EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR CITIBANK, N.A., AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2007-2, ASSET BACKED CERTIFICATES, SERIES 2007-2, against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215) 942-9690. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also 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 below on 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. 1. 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 (215 942-9690. 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 go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call Gregory Javardian, Esquire at (215) 942-9690. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff. This schedule will state who will be receiving that 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. 7. You may also have other rights and defenses, or ways of getting your home 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 BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Camp Hill, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the southwest corner of Mayfred Lane and South 30`h Street; thence South 07 degrees East along the western line of South 30`h Street 100 feet to a point; thence South 83 degrees West along the northerly line of Lot No. 12 on the hereinafter mentioned Plan, 110 feet to a point; thence North 07 degrees West along the eastern line of Lot No. 6 on said Plan, 100 feet to a point on the southerly line of Mayfred Lane; thence by the latter line, North 83 degrees East, 110 feet to the place of beginning. BEING Lot No. 5 on the Plan of Section A, Parkway Terrace, said Plan being recorded in Cumberland County Plan Book 10, Page 23. BEING known as 3001 MAYFRED LANE, CAMP HILL, PA 17011 BEING THE SAME PREMISES which Paul Dorgan, a single man, by Deed dated October 31, 1996 and recorded November 7, 1996 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 148, Page 879, granted and conveyed unto John D. Long and Anna K. Long, husband and wife. PARCEL No. 01-22-0533-203 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-7091 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EMC MORTGAGE CORPORATION, Attorney-in-Fact for CITIBANK, N.A., as Trustee for CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2007-2, ASSET BACKED CERTIFICATES, SERIES 2007-2, Plaintiff (s) From JOHN D. LONG, a/k/a JOHN DAVID LONG and ANNA K. LONG, a/k/a ANNA KATHRYN LONG (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 $110,767.52 L.L. Interest from 1/12/09 to Dateof Sale @18.20 per diem -- to be determined Atty's Comm % Atty Paid $1,072.89 Plaintiff Paid irate: 3/3/10 (Seal) Due Prothy $2.00 Other Costs c David D. Buell Prothonotary By: Deputy REQUESTING PARTY: Name: GREGORY JAVARDIAN, ESQUIRE Address: LAW OFFICES OF GREGORY JAVARDIAN 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 Attorney for: PLAINTIFF Telephone: 215-942-9690 Supreme Court ID No. 55669 LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR CITIBANK, N.A., AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2007-2, ASSET BACKED CERTIFICATES, SERIES 2007-2 vs. JOHN D. LONG, A/K/A JOHN DAVID LONG ANNA K. LONG, A/K/A ANNA KATHRYN LONG flLEU"? 0'f:f1KaE 01' THE MOT ~'i'aCTi PY 2010 APR 23 PM 3: 51 PENE\rS ,1-VA J=A COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-7091 CIVIL TERM AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P. 404(2) and 403 GREGORY JAVARDIAN, ESQUIRE, Attorney for Plaintiff, hereby certifies that service of the Notice of Sheriff's Sale was made by sending a true and correct copy by certified mail to Defendant, John D. Long, at 260 CUMBERLAND POINTE CIRCLE, MECHANICSBURG, PA 17055, which Notice of Sheriffs Sale was received by Defendant, John D. Long, on March 17, 2010, as evidenced by the attached return receipt. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: April 20, 2010 i -- r---- GRE R JAVARDIAN, ESQUIRE Atto ;;? f Plaintiff a U 0 3 1 i N S m c 3 ----------- --------- - ----- ?0 ? ?3iY > r CL C b 'b ? LA N Y p "ro O p' z ? -i Q' O w 02 ti O w Ln w a O u^ O w O I 0000 -------- ---- - ------------- LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD I ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215 942-9690 EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR CITIBANK, N.A., AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR n 201C Pp; COURT OF COMMON PLEAS CUMBERLAND COUNTY STEARNS ASSET BACKED No.: 08-7091 CIVIL TERM SECURITIES TRUST 2007-2, ASSET BACKED CERTIFICATES, SERIES 2007-2 vs. JOHN D. LONG, A/K/A JOHN DAVID LONG ANNA K. LONG, A/K/A ANNA KATHRYN LONG AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 I hereby certify that I have sent copies of the Notice of Sheriff Sale to the Defendants' certified and regular United States mail and all lien holders or judgment creditors of record as required by Pa.R.C.P. by first class United States mail, postage prepaid, on the date set forth below. (See attached Exhibit "A"). Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013-3387 Tenants/Occupants 3001 MAYFRED LANE CAMP HILL, PA 17011 JOHN D. LONG, A/K/A JOHN DAVID LONG 260 CUMBERLAND POINTE CIRCLE MECHANICSBURG, PA 17055 ANNA K. LONG, A/K/A ANNA KATHRYN LONG 260 CUMBERLAND POINTE CIRCLE MECHANICSBURG, PA 17055 PA Department of Public Welfare Bureau of Child Support Enforcement Health and Welfare Building - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 Dated: G Y JAVARDIAN, ESQUIRE orn for Plaintiff 0 m o 0" w o ?. r? .0 O 0 P. o, O .4 Ln Z 9 0 O ro OO Q W U . 111 `? eq fh ACa x u U K W 0 °w oON W W r F w m o U 94 r-l U tn 0" r - w o c7 H ^ ? -0 0 z o Oat m g &?<,.?5 oW? W z¢¢ ? v W ¢¢ x Q U U zzzz zz°? W G c ¢¢e? W W Q W o?. i ¢ o .; .a v ul E~ .A W 0 a ¢x ¢a0. cc W 6Uo? W Q Ho°< z uW. IN E ? a ? ?S c z zS N :I HA4f m ?O Q. f D v g a ? 6 ° Sli ¢ ? a CL eF ? fit S a (Wj fA Q? L. a a ?ru 4) =z ? ??? V Z8 t T x I 1 ? j y a c co, ca w 0 m -n ° D 10 r- M ° co 0 p 0 -4 V as y ro 14 m C/? z rt C W ° m i 'P C) c 10 0 ro o o tr " r n c V n Ln ?r m 0000 I-' hh y w m ? y rt y 996a G 3000diz woad o'oz 9Ldaw 910ZCZ0T" 0%30 s M zo S3".Os A3NLd ® C g ?r m [>yn, s ?Z Y >OZOO C) 2 C) ?r) r rr: r O G7 11-9 m 3 ? i C3 w D2 ru 0 w ww O O -' .n a 0 O w a- . 0 0? j N 6W CN 00 I a C4 t Wo t o sol --- ? f ? - a - -- '? Q e N lL 1- --- -- -- - - I ?? I x r "w ... _ w ? ° I I '? m s N Q o?lnan o °o I ? ? ? AO b o N I ? I m . o. I a ?° I? W a m .126 rn r m a y p y E m ? U) 0 X y• W m E m N ?. LL Q`cm,??ia0 m (D o U 4 c a (Yi H m o ? W;a . n 'W cs ? o n ' ~ z \ ? r1 o °m m >1 r- ? 4-) r- ?< 000.4 z'a w V; E 12 co i Cn ^+ a i :j ( 19 P4 ?J A Q ?C7 o ° o : i 1 CL GU u6 w + C7 Q q Z z ???? o U ° z G ? > , oaa as o o' rZ4 Oa ?U a M U € ' •}, er g rd .4J ri I -1 H 'x ( ?r .fir x ,7 H U , U o a UU ?? E -° N o w 0 CL m d N N ; I o U Q M ? U k fli H r-I ? N o H f*1 ? ? U ? W?+ o ? U W ) 0) o N x 0. U U o WE : ?, N !-r FG N - L] F-1, F-171 E? C I O p cr z> u! o _...1 r m 8 Fr°- ? m z - G n Q o O I r ? L Z U3 U. r ?+J a g ?j?u? m a S I I ? ' `m co E lL0 -- < Q z? i o n w ti .? S ; ; . - N M O I 6 nd J CD --k 1 0 c m I? 'o a m `o Y 0. E 0 U N O F rn CIO 0 0 N m a - LL M U. CO a JC3 cT? T7U March 1, 2010 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ALL PARTIES IN INTEREST AND CLAIMANTS OWNER(S): JOHN D. LONG, A/K/A JOHN DAVID LONG ANNA K. LONG, A/K/A ANNA KATHRYN LONG PLAINTIFF/SELLER: EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR CITIBANK, N.A., AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2007-2, ASSET BACKED CERTIFICATES, SERIES 2007-2 DEFENDANT(S): PROPERTY: CUMBERLAND C.C.P. NO. JOHN D. LONG, A/K/A JOHN DAVID LONG ANNA K. LONG, A/K/A ANNA KATHRYN LONG 3001 MAYFRED LANE CAMP HILL, PA 17011 08-7091 CIVIL TERM The above captioned property is scheduled to be sold at Sheriffs Sale on JUNE 2, 2010 at 10:00 A.M., in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. You may hold a judgment on the property, which may be extinguished by the sale. You may wish to attend the Sheriff's Sale to protect your interest. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. Sincerely, Gregory Javardian, Esquire Law Offices of Gregory Javardian 1310 Industrial Boulevard 1 st Floor, Suite 101 Southampton, PA 18966 (215) 942-9690 LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR CITIBANK, N.A.. AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2007-2, ASSET BACKED CERTIFICATES, SERIES 2007-2 vS. JOHN D. LONG, A/K/A JOHN DAVID LONG ANNA K. LONG, A/K/A ANNA KATHRYN LONG F4L^_`1?E `may pb ""SYLVXN A ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-7091 CIVIL TERM MOTION FOR REASSESSMENT OF DAMAGES Plaintiff, by and through its attorney, Gregory Javardian, moves this Honorable Court to enter an Order for Reassessment of Damages, and in support thereof, avers as follows: On December 8, 2008, Plaintiff instituted this Action in Mortgage Foreclosure due to default on a Mortgage given to secure the indebtedness of a Note. A true and correct copy of the Complaint in Mortgage Foreclosure is attached hereto, made part hereof, and marked as Exhibit "A". 2. Service ofPlaintiff s complaint upon the Defendants was completed as of December 10, 2008. 3. Plaintiff mailed the Notice of Intention to Enter Default Judgment (10-day notice) to the Defendants on December 31, 2008. 4. Default judgment was entered in Plaintiff's favor and against the Defendants on January 16, 2009. The damages were assessed against the Defendants in the amount of $110,767.52. A true and correct copy of the Praec?ipe for Judgment is attached hereto, made part hereof, and marked as Exhibit "B". 5. The Writ of Execution was issued on February 24, 2009 and the mortgaged property was scheduled for the June 10, 2009 Sheriff's sale. 6. The Sheriff's sale scheduled for June 10, 2009 was postponed to the September 2, 2009 Sheriff's sale for loss mitigation review. 7. On June 10, 2009, the Defendants filed a Chapter 13 Bankruptcy in the Middle District of Pennsylvania case number 09-04452. 8. The Sheriff's sale scheduled for September 2, 2009 was postponed to the October 7, 2009 Sheriff's sale as the Defendants' Bankruptcy remained active. 9. The Sheriff's sale scheduled for October 7, 2009 was stayed as the Defendants' Bankruptcy remained active. 10. By Order of Court, dated January 13, 2010, Plaintiff was granted relief from the automatic Bankruptcy stay. 11. The Writ of Execution was reissued on March 3, 2010 and the mortgaged property was scheduled for the June 2, 2010 Sheriff's sale. 12. The June 2, 2010 Sheriff's sale was postponed to the August 4, 2010 Sheriff's sale to complete the Notice of Sheriff's sale. 13. The August 4, 2010 Sheriff's sale was postponed to the October 6, 2010 sale to reassess damages. 14. The property is currently scheduled for the October 6, 2010 Sheriff's sale. 15. Plaintiff seeks a Motion to Reassess Damages in order to have the judgment reflect the funds it has been forced to advance in order to protect its collateral, including taxes, insurance, inspections and legal fees and costs. 16. Additionally, interest has continued to accrue since the entry of judgment and due to the Defendants' Bankruptcy filing. 17. The Mortgage, which is incorporated herein as part of Exhibit "A", expressly provides that Plaintiff is entitled to collect for sums advanced for property insurance, delinquent taxes and legal fees and costs. 18. Plaintiff may sustain a substantial loss unless damages are reassessed in order to account for the sums advanced to protect the collateral, additional interest and legal fees and costs. 19. Plaintiff requests the Court to reassess damages as ?Follows: Principal Balance Interest to 08/05/10 S96,396.14 20,697.93 Escrow Advance 9,451.92 Accumulated Late Charges 318.95 Recoverable Balance 8,995.95 TOTAL: $135,860.89 20. Defendants are unrepresented by counsel and Plaintiff's attorney communicated to the Defendants by letter, sent by first class mail, dated August 27, 2010, seeking concurrence or non-concurrence to this motion. 21. The letter was not returned and to date the Defendants have not responded to Plaintiff's request for concurrence or non-concurrence. 22. No Judge has been previously assigned to this matter. WHEREFORE, Plaintiff respectfully requests that damages be reassessed in the amount of $135,860.89. Respectfully submitted, Date: _ qj3j, U I Q J`am' ti /G?`?-??64'% Gregory Ja ardia Attorney for Plaintiff LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD I ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ATTORNEY FOR PLAINTIFF EMC MORTGAGE CORPORATION, COURT OF COMMON PLEAS ATTORNEY-IN-FACT FOR CITIBANK, N.A., AS TRUSTEE FOR CIVIL DIVISION CERTIFIC.ATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES CUMBERLAND COUNTY TRUST 2007-2, ASSET BACKED CERTIFICATES, SERIES 2007-2 800 STATE; HIGHWAY 121 BYPASS NO. LEWISVILLE_ TX 75067-41 RO PLAINTIFF VS. JOHN D. LONG, A/K/A JOHN DAVID LONG ANNA K. LONG, A/K/A ANNA KATHRYN LONG 3001 MAYFRED LANE CAMP HILL, PA 17011 DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE NOTICE r.. 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 defense 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, GO TO OR TELEPHONE- THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION .ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAYOFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. ra>< 5 r wx I V?ti' mb f °? i6i:s sr*• Wt, (e0? t;E liil? t itt? i ' gland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 800-990-9108 .7i IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED: TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S;) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED :INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ATTORNEY FOR PLAINTIFF EMC MORTGAGE CORPORATION, COURT OF COMMON PLEAS ATTORNEY-IN-FACT FOR CITIBANK, N.A., AS TRUSTEE FOR CIVIL DIVISION CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES CUMBERLAND COUNTY TRUST 2007-2, ASSET BACKED CERTIFICATES, SERIES 2007-2 800 STATE HIGHWAY 121 BYPASS NO. LEWISVILLE, TX 75067-4180 PLAINTIFF COMPLAINT IN MORTGAGE FORECLOSURE VS. JOHN D. LONG, A/K/A JOHN DAVID LONG ANNA K. LONG, A/K/A ANNA KATHRYN LONG 3001 MAYFRED LANE CAMP HILL, PA 17011 DEFENDANTS CIVIL ACTION MORTGAGE FORECLOSURE 1. EMC Mortgage Corporation, Attorney-in-Fact for Citibank, N.A., as Trustee for Certificateholders of Bear Stearns Asset Backed Securities Trust 2007-2, Asset Backed Certificates, Series 2007-2 (hereinafter referred to as "Plaintiff") is an Institution conducting business under the Laws of the Commonwealth of Pennsylvania with a principal place of business at the address indicated in the caption hereof. 2. John D. Long, a/k/a John David Long and Anna K. Long, a/k/a Anna Kathryn Long (hereinafter referred to as "Defendants") are adult individuals residing at the address indicated in the caption hereof. 3. Plaintiff brings this action to foreclose on the mortgage between the Defendants and itself as Mortgagee by Assignment. The Mortgage, dated March 27, 2006, was recorded on April 6, 2006 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 1946, Page 70. A copy of the Mortgage is attached and made a part hereof as Exhibit `A'. Plaintiff is now the legal owner of the mortgage, and in the process of formalizing an assignment of same. 4. The Mortgage secures the indebtedness of a Note executed by the Defendants on March 27, 2006 in the original principal amount of $99,400.00 payable to Plaintiff in monthly installments with an interest rate beginning at 12.25%. A copy of the Note is attached and made a part hereof as Exhibit `B'. 5. The land subject to the mortgage is 3001 Mayfred Lane, Camp Hill, PA 17011. A copy of the Legal Description is attached as part of the Mortgage as Exhibit `A' and incorporated herein. 6. The Defendants are the Record Owners of the mortgaged property located at 3001 Mayfred Lane, Camp Hill, PA 17011. 7. The Mortgage is now in default due to the failure of the Defendants to make payments as they became due and owing. As a result of the default; the following amounts are due: Principal Balance $96,396.14 Interest to 11/7/2008 $5,188.97 Accumulated Late Charges $280.72 Escrow Advance $1,397.67 Penalty Interest $3,969.27 Recoverable Balance $123.85 Other Fees Due $37.00 Cost of Suit and Title Search $550.00 Attorney's Fees $1,000.00 TOTAL $1.08,943.62 plus interest from 11/8/2008 at $28.06 per day, costs of suit and attorney's fees. 8. The attorney's 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 purchase at Sheriff's sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 9. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a defaulting mortgagor with a Notice of Intention to Foreclose ("Act 6 Notice") 41 P.S. Section 403 and Notice of Homeowners' Emergency Mortgage Assistance ("Act 91 Notice") 35 P.S. Section 1680.403c. 10. The Notice of Homeowners' Emergency Mortgage Assistance was required and Plaintiff sent the uniform notice as promulgated by the Pennsylvania Housing Finance Agency to the Defendants by regular and certified mail on September 4, 2008. A copy of the Notice is attached and made a part hereof as Exhibit `C'. 11. The Mortgage is not a residential mortgage under 41 PS. Section 401 because the principal amount of the Mortgage is in excess of $50,000.00 and, therefore, Plaintiff was not required to send the Act 6 Notice of Intention to Foreclose. WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiff's favor and against the Defendants, in the sum of $108,943.62 together with the interest from 11/8/2008 at $28.06 per day, costs of suit and attorney's fees. Law Offices of Gregory Javardian BY: n rney ID 55669 r gor y v Plaintiff Attorney for DMIBI, ` A s t <V , ell. Prepared Sy: lC oa parry Nerve] 1/2,f 4 Wane of Natural Person! fSre9tAddressl /ari. State Tp co*) (rekOwne Number! After recording please return to: N , P.S.S. C/o Document (Company Name! !Name of Naturd Person! 901 E. 1.04th Street Building B Suite 400/50 fStreeta ressl Kansas City, J40 64131 [M Sate Zip C adel l-;'WiDEr OF DEEDS f(;*!DERUHD COW)TY-PA 1'006 IR 6 PP 12 40 IM???L Iz3oc> 3S83 [Tetaphane Number! UPYNNIi'ax 111. 01-22-0533-203 _ISpoce Above This Lift For Reco?dmg lour)- - - - - . - - MORTGAGE MIN 100055401230035836 DEFINITIONS Words used in multiple sections of this document are defined below and other words arc defined in Sections 3. 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document am also provided in Section 16- (A) "Security Instrument" mcans this document. which is dated March 27, 2006 , togcther with all Riders to this document. Loan ice: 123003583 // * _,x -D ? ?c,N-Yt-w& Mertpx-Singk FaniY-Fonak We/Freddk Nbc DMORM 71Q Mu1iEM HERS Moditkd Form 3039 9101 -11M CoW.Uw?.,A1K?M? Squad, Inc. Prgc i of 14 ranm sa7o 86. ON" BKf946PG0070 (B) "Borrower" is john D. Lone} and Anna K. Ting, husband and wife Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, inc. MFRS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P. O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MFRS. (D) "Lender" is IndyMac Bank, F.S.B., a• federally chartered savings bank Lender is a Federal Savings Bank organized and existing under the laws of United States of America . Lender's address is 155 North Lake Avenue, Pasadena, CA 91101 (E) "Mote" means the promissory note signed Borrower and dated March 27, 2006 . The Note states that Borrower owes Lender ninety nine 0xiLsancl four harxhed and N()/100ths Dollars (U.S..S 99,400-00 } plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in flint not later dm April 1, 2036 (F) 'Property" means the property that is described below under the heading "Transfer of Rights in the Property (G) "Loan" means the debt evidenced by-the Note. plus interest, any prepayment charges and laic charges due under the Note, and all sums due under this Security instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower (check box as applicablep. ? Adjustable Rate Rider ? Condominium Rider ? Second Home Rider ? Balloon Rider ? Planned Unit Development Rider ? Biweekly Payment Rider ? 1-4 Family Rider ? Revocable Trust Rider Other(s) [specify] Performance Loan Program Rider to Deed of Trust and Adjustable Rate Rider, Fixed/Adjustable Rage LIBOR Rider (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, foes, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association' or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper insumnatt, which is initiated through an electronic lerminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions; transfers initiated by telephone, wire trarsfers, and automated clearinghouse transfers. B Tart Mr%. t 7'tnni, SA A 11 k- v 4 ltd- . rearoylrnnta Mor%pV-Single Fway-Faauk MadFrtddle Mac LWWRM iNSMUNENT r M. ERS -todtkd Form 3W901101 -rME comnIANC[ SOURCE, INC- PW 2 or 14 14M TA 9M a... OWN .?„ ?®M111wrt11rnl OIIDS.T?eCoa?lonuso e.l.c DK 1946PG-007=! -(L) "Escrow items" means those items that arc described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages. or proceeds paid by any third petty (other than insurance proceeds paid under the coverages described in Section 5) for. (i) damage to, or destruction of, the Property; (ii) condea-oration or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of. or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled amount doe for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security meter =t (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation. Regulation X (24 C.F. R. Part 3500X as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPEK'i'Y This Security Instrument secures to Lender. (i) the repayment of the Loan. and all renewals, extensions and modifications of the Note; and tr the performance of Borrower's covenants and agreements under this Security Instrument and the Notc. For this purpose, Borrower does hereby mortgage. grant and convey to MFRS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS the following dcsrn'bed property located in the Conroy of Cumberland [Type of Recording Jurisdiction] [Name of Reeo r ft Ju-isdirnon] Tar Parcel 1D No_ 01_22.0533-203 See Exhibit "A" attached hereto and made a part hereof. AP'N : 01-22-0533-203- which currently has the address of Caup E LUL1 [airy] 3001 Hayfred Line [sWeer] Pennsylvania 17011 [Zip Code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now to hereafter a part of the property. All replacements and additions shalt also be covered by this Security Instrument. AU of the foregoing is referred to in this Security Iostrument as the Property." Borrower understands and agrees that MFRS holds only legal title to the Interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MFRS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, inSl ding, but not limited to, the right Pcwwg1vaats Mw1pgr-Sftk FmdrFaank MsdFnddk 3be MFORM INM413MENT MFRS NbalMd Form 303991A1 T*m CommAsc& SouaM u+cr- Pace 3 Or 14 14 MTA wa Rev. &M . G0&W ieawima mm INN111111011 vmx Ste tGoofa"A Snags U. nu-. -946PGO072 to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing - and canceling this Security Instrument BORROWER COVENAM that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to comtitate a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Prindpal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instnuent shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due rider the Note and this Security Instrument be made in one or more of the following forms. as selected by Lender. (a) cash; (b) money order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated-in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplicd fiends until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time. Lender shall either apply such funds or return them to Borrower. If not applied earlier, such fiends will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. Z. Application of Payments or Proceeds F-xccpt as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (e) amounts dux under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due- Any remaining amounts shall be applied fast to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment fratn Borrower for a delinquent Periodic Payment which inchxks a sufficient amount to pay any lade charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments. such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the duce date, or change the amount, of the Periodic Payments. 1 Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for. (a) taxes and assessments and other items which can attain priority over this Security InsUvgment as a lien or encumbrance on the Ptmuylsaota NortpgeSoq* Family-Fannie MadFred& }lac I-NIFORM 1NS`134LUFNf 161ERS Modified Form 303901/01 -'nW COrrru,wCE SOUNEXo tire,- Page 4 or 14 14M FA Q&W am. OS" UW 1 4 6PG0073 Property; (b) leasehold payments or ground rents on the Property, if any; (e) premiums for any and all insurance required by Leader under Section S; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees. and Assessments, if any. be escrowed by Borrower. and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow items at airy time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to male such payments and to provide receipts shall for all purposes be decreed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreemenni" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item. Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Fscrow items at any nnx by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required umder this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of funds due on the basis of current data and reasonable estimates of expenditures of futarc Escrow Items or otherwise in accordance with Applicable Law. . The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank Lender shall apply the Funds to pay the Escrow Iter s no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Fonds, annually analyzing the escrow account, or verifying the Escrow items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds. Lender shall not be required to pay Borrower any interest or earnings on the Funds. Bomower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an armual accounting of the Funds as required by RFSPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess fuunds in accordance with RF.SPA. If there is a shortage of Funds held in escrow, as defined wader RESPA, Lender shall 'notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Leader shall notify Borrower as required by RESPA, and Borrower shall pay to bender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, chruges, fines, and impositions attributable to the Property which can attain priority over this Security lintrumeut, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items am Escrow items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a mariner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings arc pending. but only until such proceedings are concluded; or (e) secures from the holder of the lien an agreement satisfactory to Lender subordinjing the lien to this Security Instrument. If Loan No• 123 03563 le Pcansyhanb MosWw-S4k Fawdy-Fanate MadF*ed6t Mat UMPO -DW COesrUAMZ SOURCE. tNC:- Peat 3 or 14 tNSiRIMENT MF.Rs Nt"Wd Form 3n39 0Ua1 J OWP. #2" cur, *%W BK-t-9446PG0074 Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the ben or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. S Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods. for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan. either. (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting 6rnn an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage- Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained- Any amounts disbursed by Lender under this Section S shall become additional debt of Borrower secured by this Security Instrument. These amounts shell bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. if Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property. such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance currier and Lender- Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the reawation or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction. provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third partim retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to -Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to it notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the cWm. The 30-day period will begin when the notice is given. In either even% or if Lender acquires the Property undgf Section 22 or otherwise. Borrower hereby Pennsylvania MertpteSingk Fam4-Famte Macffm "e Mae IT IFORI llV5rR1'MENT VIERS.Motined Form 3M 6001 -T1x ComruANcL Souac-a, Ixc.- Page 6 of 14 rawtn?tame a... ores •.. cmWO&OCCOW c WO 6111IN111811 CM. 77u t'-WVW a Swat W. OKI:946PG0075 assigns to Lender (a) Borrower's rights to arty insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 64 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year alter the date of occupancy, unless Lender otherwise agrees in writing, which consent shell not be unreasonably withheld, or unless extenuating circumstances exist which arc beyond Borrower's control. 7. Preservation, Maintenance attd Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower snail maintain the Property in order to prevent the Property - from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Properly if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds arc paid In connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or JD a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. if it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. & Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misreading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument, If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrumnt, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations)? or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repaiting the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable anomeys' fees to protect its interest In the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding- Securing the Property includes, but is not limited to, entering the Property to make repairs, change lock.% replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off: Although Lender may take action under this Section 9, Lender does not have to do so and is not tinder any duty or obligation to do so, It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security lnstrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. if Borrower acquires fee title to the Property, the leasebold and the fee title shall not merge unless Lender agrees to the merger in writing. n Iran NO: 123003583 A,/C y Peeasytwota N1GrtPgc-S4k Family-l: annle ,%U ?ddte .Nat 1MFook. INMU.14ENT 1ti]tS Modtfard Form 3039 01101. -nor CoMKAnnM Sou*m wc- r 7 :77 14MITAOWN V. OA" Will46:PG0076 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance. Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept. use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance- If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the limmiums required to maintain Mortgage Insurmsu in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Inswance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not aparty to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that sham or modify their risk. or reduce losses. These agreements are on terms and conditions that arc satisfactory to the mortgage insurer and the other party (or parries) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note. another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage insurnoe, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insures. the arrangement is often termed "captive reinsurance." Further. (a) Any such agreements will not abed the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loam. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights rmay include the right to receive certain disdosures, to request and obtain es scellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or terrsinstion. 111. Assignment of Miscellaneous Proceeds; Forfdture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Itrocq*. if the restoration or repair is not economically Feonsytvenis Mortpgr4b le Farmly-Fannic Msdfaddle Mae UNl >Rllt INML'MFNT M£RS Modified Form 3039OU01 -THE COMMIANCL Son: RC[. INC.- Pop B o 14 run d "" a-. QWW .a C*N*Ikac o IMUNINERNMlarMEN 0=1-Tbccmwkw-50saxInc. nu-1:9-46PG0,077 feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. in the event of a total taking, destruction, or Ions in value of the Property, the Miscellaneous Proceeds shall be applied to the suers secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediiately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value. unless Borrower and Lender otherwise agree in writing, the sums secured by this Security lnstrwnent shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction. or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property irnrnediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sum are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given. Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument. whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender *s judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instnanent. Borrower can cure; such a default and, if am on has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Pro" arc hereby assigned and shall be paid to Under. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shalt not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy includin& without limitation. Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any tight or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a 'co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Lnstrumenr, (b) is not personally obligated to pay the stems secured by this Security Instrument; and (c) agrees that Leader and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terns of this Security Instrument or the Note without the co-signer's consent. _ le V a- Fcamylvanrs MortgoCnSi & Firmly Fannk JS eTmddk --I*MX Coarft1MCT. SornCC.1KC_- ??`?nce+aro?a, I UNIFORM ngMUMENr Peer ! or 14 MM M194 ted Form 3039 DUrI 34MM"MC AM OWN 111111511111111 02M.rMCapdkre Sftmt"`. ou 9 6PG0078; Subject to the provisions of Section 18, any Successor in Interest of Borrower who assume Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns otLender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security instrument, including, but cot limited to, attorneys' fees, property inspection and vahiation fees. In regard to any other fees. the absence of express authority in this Security lasMunent tdcharge a specific fee to Borrower shall not be construed as a prohibition or the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loam charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such lawn charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without arty prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute it waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has.designated a substitute notice address by notice to Lender. Borrower shall prorrrltly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Leader shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually recelved by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security instrument. 16. Governing law; Severabfilty; Rules of Construction. This Security Instnurmcrt shall be governed by federal law and the law of the jurisdiction in which the Propcaiy is located. All rights and obligations contained in this Security Instnariermt are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed m a. prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. I T. Borrower's Copp Borrower shall be given one copy of the Note and of this Security lnsttvmnt. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section IS, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for decd, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferrv) without Lender's prior written consent. Penssyivonb MortipaScigie Faim7y-Fannk.tadFmddk btsr Umnr DRM -Tm: CoatruAnct Source[, rivc_- PW to or 1• rRUMENT MFRS Mo®ikd Fans 3039 OUOt IOWT ? wa any errs Out. 1946PG0079 Lender may require immediate payment in full of all sums scented by this Security Instrument- However, this option shall not be exercised by lender if such exercise is prohibited by Applicable Law. tf Lender exercises this option. Lender shell give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument If Borrower fails to pay these sums prior to the expiration of this period, Lender may involve any remedies permitted by this Security Instrument without further. notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions. Borrower shall have the right to have enforcement of this Security Lrstrunent discontinued at any time prior to the earliest of (a) five days before sale of the, Property ptustumt to any poorer of sale contained in this Security InsUument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security instrument. Those conditions are that Borrower. (a) pays lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agownents; (c) pays all expenses incurred in enforcing this Security Instrumea including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender. (a) cash; (b) money order, (e) certified check bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits arc insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower. this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20 Sale of Note; Change of Loan Servicer, Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower- A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security insdvment, and Applicable Law. Thera also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new loan Serviter. the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Strvicer or be U msfcnvd to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Leader may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other patty (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollurtants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup° includes any response aetign, remedial action, or removal action, as rtmsyl.AUia tNortpge-Si%k FamiblFanak M2dFreddk Mae UNtFOo" TRU.MEW HERS Mod fled Form 3039 BUD] -Tea: co-?r?UAKcr SoURM INC' - Padt It or 1 rara.a.oenroa a. ssnb ..w..oav?iaocrowa.ooa 11MMUMEMISKEI ME or00f.iDeCagGmeesweclnc "I.9.4 6_ PG. O 0 8_-0 - defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do. nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property- The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that arc generally recognized to be appropriate to annual residential uses and to maintenance of the Property (including, but not limited to. hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, dischargc, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence. use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns. or is notified by any governmental or regulatory authority, or any private party. that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANT'S. Borrower and Lender further covenant and agree as follows: 22- Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's bleach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Leader shall notify Borrower of, among other things: (a) the default; (b) the action required to care the default; (c) wken the default must be cured; and (d) that failure to care the default as specified may result In acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Leader shall further inform Borrower of the right to reinstate after acceleration and the right to assert In the foreclosure proceeding the non-existeace of a default or any other defense of Borrower to acceleration and foreclosure. If the default Is not cored as specified, Lender at its option may require immediate payment in roll of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to tolled all expenses incurred in pursuing the remedies provided in this Section 22, Including, but not limited to, attorneys' fees sad costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. [.fader may charge Borrower a fee for, releasing this Security Instrument but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or fidurc laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 21 Reinstatement Period. Borrower's time to reinstate provided in Section 19 shalt extend to one hour prior to the comrncricement of bidding at a sherifrs sale or other sak pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire titk to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. PenaWwank M4nitge-Sigh Family-]tannic MaolFrrddk Mae L'NIF"? INSt7tUNEW 3tM WOW Form 36" 01101 -TW COMPLIANCE SOUKT, InG- Page 12 of 14 14M M 8W Am 0M ""'"'mapfeamorecmae IMENN MMEntWl" 0M%TbCC&ft0iW"s0u-bC ftl* il-946PG0G8I W 13796 es On FoabWAV Page] BY SIGNMG BELOW, Borrower accepts and agrees to the tams and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. i'G- 7L 7?` (Seal) 13i3Tia R. Long -BOMKW lPrbvad,V-j (Seal) -g-ye??n D. Long 0 -Borrower (Printed M-1 (Seal) -Baw+m (Pr6uad:vameJ --(Sew) -Borrower [Printed M-ml Certificate of Residence: UWe do hereby certify that the i? address of the within named mortgagee. assignee or person entitled to interest is 155 CA g11D1 Title: fW Ol lAdknvwdedVnW on Fo>lowkrg Page) Loan No: 123003583 Peoarrlvonh Mortpgc-Sb* a Fwaily-Vannk MadFmddle Mac UNIFORM iNM1.%Bff MFRS Modirled Form 3039 DIMI -77¢ CCMnJAMM SOURC[. INC.- Pale 13 or 11 14M M OaAO Ye.. DMS INUIM11111 0M. ToeCenyiueeSwore,IM AKA 946PG0082?. A t State of 'A § County of 6u 6 a mis On this, the 0r,0tday of kQt`Gz( Wmed ;Anna X. Lang and John D. Long *7 h , before me , the undersigned officer, personally known to me (or satisfactorily proven) to be the person(s) wbose nwne(s) istare subsen'bed to the within instrument, and acknowledged that WshFlf?i executed the same for the purpos6lberemcontained. in witness whereof, i hereunto set my hand and official seal. NOTARIAL SEAL JEAN IBURSON . NOTA RY PUBLIC (Seal) COUNTY UMB CMY COMN E PIRESJAND 1fi 2007 S Qc?,,t lcY Sow Tick of Omar Loan No: 123003583 /r x ' ?. ? C( _ Ptnmyly* s a1or>pgL44k Fmmity-Faanit MsdFmddk Mst UNiFoRm INS ummr MFRS Modlfkd Foes 3039 DUDI TInE CUMMAANCI Souncr- INC- FUr U of 14 iwtPt aroo w+ osos .?.r on.Ytaa.osmm. p(???irlraal?ItAM? ouof.7ls CaeipAaaecSwmac. BKI946PG00.83" Performance Loan Program Loan #:123003583 RIDER TO SECURITY INSTRUMENT AND FIXEDIADJUSTABLE RATE RIDER THIS RIDER is made this 27th day of March , 2006 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Dead (the 'Security Instrument'), and the Fixed/Adjustable Rate Rider attached thereto, each of the same date given by the undersigned (the 'Borrower') to secure Borrower's Note to: IndyMac Bank, F.S.B., a fedm-&Uy chartexed savings bank. (Name of Lander) of the same date and covering the Property described in the Security Instrument and located at: 3001 Mayfred Lane, Caup Rill, PA 17011 Prop" Ad&-) ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument and Fixed/Adjustable Rate Rider, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES Section 4(C), Calculation of Changes. of the Fixed/Adjustable Rate Rider is modified to provide that, if Borrower melees each of the first 22 payments within 30 days of the due date, as set forth In Section 3 of the Fixed/Adjustable Rate Note, the percentage points ` to be added to the Current Index as referred to in section 4(C) of the Fixe&Adjustable Rate Rider shall be reduced by 1.00 %. B. TRANSFER OF THE PROPERTY OF A BENEFICIAL INTEREST IN BORROWER Lender's obligation to permit assumption of the ban if all of the conditions of Section B, Transfer of the Property or a Beneficial Interest in Borrower, of the Fixed/Adjustable Rate Rider are met, does not arise until after the data of the first Change Date referred to in Section 4(A) of the Fixed/Adjustable Rate Rider. II? Rider for 'Performance Loan Program' Pff" r of z sPU om 8480M (0705) VMP MORTr.4 iE FORMS .1e00>5r-Ml (05fo'?) ?EI946PG0084 BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained In this Performance Loan Program Rider to Security Instrument and Fixed/Adjustable Rate Rider. A. X= '(Seal) d--L 0 (Seal) Ama K. ILDng Arrower Jo D. 10M borrower -(S") (Seal) - BGMW r 4kwroww _(Seal) (Seal) -Borrower -80r"WM (Seal) _(Seal) 4kMN er -Borrower Rider for "Perfonnence Loan Program" SPD !1025 848WZZ (010 Pogo 2 d2 Imi) QK1.94 6=PG008 ` i FIXEDIADRJSTABLE RATE RIDER (LIBOR Index - Rate Caps) MIN: 100055401230035836 THIS FLXED/ADJUSTABLE RATE RIDER is made this 27th day of March, 2006 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Deed to Secure Debt (the "Security Insbvment") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to IndyMac Bank, F. S. H. , a federally chartered savings bank (the "Lender") of the same date and covering the property described in the Security Instrument and located at: 3001 Mayfred Lane, Cam Hill, PA 17011 IPMiMy Address] THIS NOTE PROVIDES FOR A CHANGE IN BORROWER'S FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agra-ments made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A- INTEREST RATE AND MONTHLY PAYMENT Cfl"GES The Note provides for an initial fixed interest rate of 12.250 %. The Notc also provides for a change in the initial fixed rate to an adjustable interest rate, as follows: 4. INTEREST RATE AND :MONTHLY PAYMENT CHANGES (A) Change Dates Tlie initial fixed interest rate I will pay will change to an adjustable interest rate on the first day of Apr:LL 2008 , end the adjustable interest rate I will pay may change on that day every 6th month thereafter- The date on which my initial fixed interest rate changes to an adjustable interest rate, and each date on which my adjustable interest rate could change is called a "Change Datc." Roan No: 123003583 MULTISTATE FI)MADJUSTABLE RATE RIDER (UBORlndes) - Single Fam0y Form 400a 4101 Page t at 4 6480254 10104) VMP MORTGAGE FORMS (800)521-7291 ?K BK-i 946PG0.086f r (B) The Index Beginning with the fast Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for sit-month U.S. dollar-denominated deposits in the London market ("LIBOR'"), as published in The Wall Street Journal The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index.* If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Now Holder will give me notice of this choice. (C) CalculatIOD of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding seven and 500i1000trs percentage points ( 7.500 %) to the Current Index. The Note Holder will then round the result of this addition to the neatest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Cbangc Date in full on the maturity date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the fast Change Date will not be greater than 15.250 % or less than 9.250 °/s. Thereafter, my adjustable interest rate will never be increased or decreased on any single Change Date by more than 1.000 percentage point(s) (1.000 %) from the rate of interest I have been paying for the preceding 6 months. My interest rate will never be greater than 18.250 - °/.. (E) Effective Date of Changes My new interest rate will become effective on each Change Dale. 1 will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my initial fixed interest rate to an adjustable interest rate and of any changes in my adjustable interest rate before the effective date of any change. The notice will include the amount of my monthly payment, any information required by law to be given to me and also the title and telephone number of a person who wilt answer any question I may have regarding the notice. IDant Not 123003583 8480254 10104) - Page 2 of 4 Form 4008 M01 mtennnrn Q1V,19 4.6 PG 0:0Yg 7' B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER 1. Until Borrowees initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section A above, Uniform Covenant 18 of the Security Instrument shall read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal of beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest i wer is sold or transferred) without Lender's prior written consent, Lender may require immediate payment -in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 2. Wben Borrower's initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section A above, Uniform Covenant 18 of the Security Instrument described in Section B t above shall then cease to be in effect, and the provisions of Uniform Covenant IS of the Security Instrument shall be amended to read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including. but not limited to, those beneficial interests transferred in a bond for decd, contract for dec installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Prvpcrty is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if (a) Borrower causes to be submitted to L Wes information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lendc es consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower wilt continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section IS within which Borrower must pay all UM264 (0104 Iroan No: 123003583 Page 3 of 4 Form 4005 4101 11110unl1e"111101111 URI-.1=946FG008 . suns secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Under may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Vixed/Adjustable Rate Ridcr. ,.fyc _ N i ?/'?-ter -(Seal) Anna K. IAA Borrower Iran lib: 123003583 "Sam (0104) ?^? "'? (Seal) JOIMf D. IDng -Borrower Page 4d4 (Seal) -Borrower __(Seal) .Borrower __ (Ilk 4) .Borrower - (Seal) -Borrower -(Seal) -Borrower - (Seal) 4NNTower Form 400 4101 0". 1 .94.6 PG 0089, ADDENDUM TO FIXED/ADJUSTABLE RATE RIDER Loan #: 123003583 THIS ADDENDUM to the Fixed/Adlustable Rate Nder is made this 27th day of March, 2006 , and is Incorporated into and shall be deemed to amend and supplement the Mortgage. Deed of Trust, or Deed to Secure Debt (the 'Security Instrument') and FixedlAdjustable Rate Rider of the name date given by the undersigned (the 'Borrower") to secure Borrower's Note to IndyMac Bank, F.S.B., a fedrsally chartered savings bank (the 'Lender") of the same date and covering the property described in the Security Instrument and located at: 3001 Mayfred Lane, Cmtp Hill, PA 17011 [Property Address] AbDITIONAL COVENANTS. In Addition to the covenants and agreements made in the Security Instrument. Borrower and Lender further covenant and agree as follows: 1. Section d(D) of the Fixed/AdjustableRate Rideris modifiedas follows: The interest rate I am required to pay at the first Change Date will not be greater than 15.250 % or less than 9.250 %. Thereafter, my interest rate will never be increased or decreased on any single change Date by more than aie and NO/1000ths percentage point(s) ( 1.000 °N) from the rate of interest I have been paying for the preceding 6 months- My interest rate will never be greater than 18.250 % or less than 7300 %. IndyMac Bank ARM Addendum to FixedlAdjustabte Rate Rider Multistate Page 1 of 2 8480345 (0602) VMP Mortgage Solutions, Inc_ IW11111NA1 1075 2106 SK1946PG0090 2. All other provisions of the Fixed/AdjustableRate Rider are unchanged by this Addendum and remain in full force and effect Dated: 3/?h ref (,).? `?a (seen Anna X. Long -Borrower John . Lang -Borrower -- (Seal) -Borrower (Seal) -Borrower (Seal) (Seal) -Borrower -Borrower (mil) -Borrower (Seal) -Borrower 100"MAMMU jFjj so on 1075 8480345 (0602) Page 2 of 2 2106 OX-1,946PG-a091 ORDER p: 5165545 9 ? EXHIM A ALL THAT PARCEL OF LAND IN BOROUGH OF CAMP HILL, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, AS !MORE FULLY DESCRIBED IN DEED BOOK 148, PAGE S79, )D# 01-22-0533-20X BEING KNOWN AND DESIGNATED AS LOT 5, SECTION A.. PARKWAY TERRACE. FILED IN PLAT BOOK 10, PACE 23, METES AND BOUNDS PROPERTY. DEED FROM PAUL DORGAN, SINGLE AS SET FORTH IN DEED BOOK 148, PAGE 879 DATED 1013111996 AND RECORDED I ItOW1996, CUMBERLAND COUNTY RECORDS. COMMONWEALTH OF PENNSYLVANIA_ 0 i Certify this-to be recorded In Cumberland County PA Recorder of Deeds Page 2 of 9 1946PE009 z EXHIBIT `B' USTABLE RATENOTE =Dupfic FIR)/ADJ (LIBOR Index - Rate Caps) THIS NOTE PROVIDES FOR A CHANGE IN MY FIXED iNTERESTRATE TO AN ADJUSTABLE INTEREST RATE. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. March 27, 2006 Coracpolis Pennsylvania (Date) lCit'l Ista,el 3001 Mayfred Dane, QmV Hill, PA 17011 IP-t=r Ate) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. S 99,400.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is Ir dyMaC Bank, F. S. B. , a federally Chartered savings bartk I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 12.250 %. The interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate 1 will pay both before and after any default described in Section 7(B) of this Note. 3. PAWAENTS (A) Time and Place of Payments I will pay principal and interest by malting a payment every month. I will make my monthly payments on the first day of each month beginning on May, 2006 I will make these payments every month until I have paid all of the principal and interest and any other. charges described below that I may owe under this Notc. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal- If, on April 1, 2036 , 1 still owe amounts under this Note, 1 will pay those amounts in full on that date, which is called the "Maturity Date.' I will make my monthly payments at indymae Bank, F.S.B., P.O. Box 78826, Phoenix, AZ 85062-8826 or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. S 1,041.61 This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that 1 must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANCES (A) Change Dates The. initial fixed interest rate I will pay will change to an adjustable interest rate on the first day ofApril, 2008 , and the adjustable interest rate 1 will pay may change on that day every 6th month thereafter. The date on which my initial fined interest rate changes to an adjustable interest rate, and each date on which my adjustable interest rate could change is called a "Change Date.' Iran NO: 123003583 MUL77STATE FOCEDIADAISTABLE RATE MOTE - LOORIAIDU - Slnjie Family • Form 4000 at01 P.P I of 4 MIN: 100055401230035836 tta8o247 ro,oati vnmWRTG4c -a--?eoo{sz?az9, ?x z - 1 NN 0 0 (B) The Index Beginning with the first Change Date, my adjustable interest rate will be based on an Index. The "index" is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal- The most reccnt Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder wt 1 calculate my new interest rate by adding seven and 500/ 1000ths percentage points( 7.500 Ve) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 15.250 % or less than 9.250 %. Thereafter, my adjustable interest rate will never be increased or decreased on any single Change Date by more than 1.000 percentage point(s) (1.000 %) from the rate of interest I have been paying for the preceding 6 months. My interest rate will never be greater than 18.250 %- (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my initial fixed interest ratc•to an adjustable interest rate and of any changes in my adjustabie interest rate before the ef>-ectivc date of any change. The notice will include the amount of my monthly payment, any information required by law to be given to me and also the title and telephone number of a person who will answer any questions I may have regarding the notice. S. BORROWER`S RIGHT TO PREPAY I have the tight to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. i may not designate a payment as a Prepayment if I have not made all the monthly payments due under this Note. I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Bolder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from inc which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal f owe under this Note or by making a dircct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 25 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. Lean No: 123003583 IM0247 putt Pogo 7 of 4 Forrn 4000 4101 r .? ?? I oil (B) Default If 1 do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal that has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Welver By Note Holder Even if, at a time I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Vote Holder's Costs and Expenses If the Note Holder has required me to pay in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the talent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a diffmcnt address if I am given a notice of that different address. 9, OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS 1 and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment' means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11_ UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Notc, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses that might result if t do not keep the promises that I make in this Note. That Security instr unent describes how and under what conditions I may be required to make immediate payment in full of all amounts f ovrc under this Note. Some of those conditions read as follows: (A) Until my initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section 4 above, Uniform Covenant 18 of the Security Instrument shall read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section IS, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agrccmcnt, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lendces prior written consent. Lender may require immediate payment in full of all sums secured by ibis Security Instrumem. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section IS within which Borrower must pay all sums secured-by this Security Instntment. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. Iran No: 123003583 C)4- SM247 ro,o?t ? k 7 y, P" s 014 Fom 4000 4101 r (B) When my initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section 4 above, Uniform Covenant 18 of the Securityinstrument described in Section I I (A) above shall then cease to be in effect, and (Uniform Covenant 18 of the Security instrument shall instead read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, 'Interest in the Property' means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escmw agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender`s prior written consent, Lender may require immediate payment in full of all sums. secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if- (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender- reasonably determines that Lender's security will riot be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument_ Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in fall, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without fiurthcr notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. _ (Seal) Anna K. Long -Borrower ? at 0 (Seal) John D. 11=q -Borrower -(Seal) -Borrower _ (Seal) -Borrower (Seal) -Borrower _ (Seal) -Borrower _(Seal) ptothen7lerof (Seal) -Bonwver -Bwwwer Wrtlx?ut ;QM Gaudin Solis Assistant vice Pre -dea IndyMac Bank, F S.B. Loan No: 223003583 [Sign Original Only] UN247 roro4) papa ? C04 Form 4000 4101 ME IN Performance Loan Program Loam #: 123003583 ADDENDUM TO FIXED/ADJUSTABLE RATE NOTE THIS ADDENDUM is made this 27th day of March, 2006 , and is incorporated into and intended to form a part of a Fixed/Adjustabfe Rate Note dated the some date as this Addendum. 1. Section 4 (Cj, Calculation of Changes, of the FixedlAdjustable Rate Note is modified to provide that, if Borrower rnakes each of the first 22 payments within 30 days of the due date, as set forth in Section 3 of the Fixed/Adjustable Rate Note. the percentage points to be added to ft Current Index as referred to In Section 4 (C) or the Fixed/Adjustable Rate Note shalt be reduced by 1.00 2. Lender's obligation to permit assumption of the ban if all of tha conditions of Section 11, Transfer of the Property or a Beneficial Interest In Borrower, of the Fixed/Adjustable Rate Note are met, does not arise until after the date of the first Change Date referred to In Section 4 (A) of the FixedlAdjustabla Rate Note. 3. Ali other provisions of the Fixed(Adjustable Rate Note are unchanged by this Addendum and remain in full force and effect. Dated: 1,2 &d. (Seal) A'.ni X. Long 4kwrower (Seal) -Borrower J (Seal) LOCICf -Borrower (Seal) 4kwrowar __ Seal) -eorroarer -(Seal) ' -Bono+ver Note Addendum for 'Performance Loan Program" (Seal) -Borrrnver (Seal) -borrower 8480023 imos) SPO sm vww Moatr rogMS - ?soo aasr (0J M) r i ADDENDUM TO ADJUSTABLE RATE NOTE Loan #: 123003583 THIS ADDENDUM is made this 27th day of March, 2005 , and is incorporated into and intended to form a part of an Adjustable Rate Note dated the same date as this Addendum. 1. Section4(D) of the AdjustableRate Note Is modifiedas follows: The Interest rate 1 am required to pay at the first 15.250 % or less than 9.250 be increased or decreased on any single change gate by more they: percentage point(s) ( 1.000 Of&) from the rate of it 6 months. My interest rate will never be greater than 7.500 %. Change Date will not be greater than %. Thereafter, my interest rate will never one and N011000ths sterest I have been paying for the preceding 18.250 % or less than 2. All other provisionsof the Adjustable Rate Note are unchangedby this Addendum and remain in full force and effect Dated: ?1? ?213d - x? ..-(Seal) K- 1Dnq -Borrower -(Seal) -Borrower -(Seal) -Borrower k.-al, 0 &?- (Seal) jRii D IDIV -Borrower (Seal) -Borrower (Seal} -&xrower `(Seal) -harrower 1ndyMac Sank ARM Nato Addandum - tMuttlsWe SM344 two2i wev Vr V.p. sd'4Ws 1,- 11111101,11110001 ,(Seal) -Harrower 1074 (") 0 0 ADDENDUM TO ADJUSTABLE RATE NOTE Loan #: 123003583 (Prepayment) THIS ADDENDUM is made this 27th day of March, 2006 , and is incorporated into and intended to form a part of an Adjustable Rate Note dated the same date as this Addendum. 1. Section s of the Adjustable Rate Note is modified to provide that l have the. right to make payments of principalat any time before they are due. A Prepaymentof all of the unpaidptfncipalis known as a "Full Prepayment." A Prepayment of only part of the unpaid principal Is known as a "Partial Prepayment." Except as provided below. I may make a Full Prepayment or a Partial Prepayment at any time without paying any Prepayment charge. If within the first three ( 3 ) year(s) t make a Partial Prepayment or Partial Prepayrnent(s)of less than twenty percent (20%) of the originatprirtcipalaamunt In any twelve (12) month period, I will not pay a Prepaymentpenaity. However, If within the first three ( 3 ) year(s), 1 make a Full Prepayment, Partial Prepayment or Partial Prepayments of more than twenty percent (20%) of the originalprinclpalamount in any 12-month patiod, I will pay a Prepayment charge in an amount equal to the payment of six (6) months' advance interest on the amount prepaidin excess of twenty percent (20°x) of the original principal amount. If I make a Partial Prepayment equal to one or more of my monthly payments, the due date of my next . scheduled monthly payment may be advanced no more than one month. if I make a Partial Prepaymentin any other amount, I must still make all subsequent monthly payments as scheduled. 2. . All other provisions of the Adjustable Rate Note are unchanged by this Addendum and remain in full force and effect- Dated: ?j129 u _ (Seal) ArM R. Wnq _(Seal) (Seal) -bonower (Sea)) - QC57,L 0 ?n John . Long -Borrower (Seal) -Borrower (Seal) -borrows. (Seal) -borrower lndyNfec Bank and Federally Exernptad Seller Use Only Hard Prepayment Addendurn (1.3 ym) . ARU r=kst Vangagres - A1vh slate, Arkansas ({pans over $150.000) (Seal) -eonower (Sear) -Borrower SPD 0084 B48WM pao-n VW Munp w So4alo ra, me pooysn-rz9t (08W) EXHIBIT `c' EMC Mortgage Corporation ` PO Box 293150 Lewisville, TX 75029-3150 September 4, 2008 IIIIIIIIIIIIIIIIIIII?IIIN ?.ov 5400 2100 1820 0230 I411 Anna K Long 3001 Mayfred Ln Camp Hill, PA 17011-5245 EMC Re: Loan No: 0003579190 Mortgage Property Address: 3001 Mayfred Ln Corporation Camp Hill, PA 17011-5245 ACT 91 NOTICE TAKE .ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. IMPORTANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The Homeowners' Emergency Mortgage Assistance Program (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can help you, yo_u_ must MEET WITH A CONSU1v1ER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you wh&d. o1i meet with the counseling agency. The name, address, and phone number of Consumer Credit Counseling Agencies servingyour county are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (persons with impaired hearing can call 717-780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. La Notificaion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notificion obtenga una traduccion immediatamente llamando esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes ser elegible para un prestarno por el programa llamado "Homeowners' Emergency Mortgage Assistance Program" al cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCOUNT NUMBER: CURRENT SERVICER #ni ICy*Long C., 0' .ill, red Ln J PA 17011-5245 0003579190 EMC Mortgage Corporation Page two 0003579190 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM You may be eligible for financial assistance, which can save your home from foreclosure and help you make future mortgage payments if you comply with the provision of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency mortgage assistance: If your default has been caused by circumstances beyond your control, if you have a reasonable prospect of being able to pay your mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. This meeting must occur within the next thirty (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.?orie of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for .thirty (30) days after the date of this meeting. The names; addresses and telephone numbers of designated consumer credit cou&eling agencies for the county in which your property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise this 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 Homeowners' Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowners' 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 subm tting,,a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF. YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date): NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 3001 Mayfred Ln Camp Hill, PA 17011-5245 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments from 06/01/2008: $5,144.92 (b) Late charge(s): $236.58 (c) Other charge(s): NSF and Advances $114.90 (d) Less: Credit Balance $0.00 (e) Total amount required as of 09/03/2008: $5,496.40 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable): HOW TO CURE THE DEFAULT - You may cure this default within THIRTY (30) DAYS from the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS $5,496.40, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable to EMC Mortgage Corporation at Po Box 660753 Dallas, TX 7:5266-0753. Page three 0003579190 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of date of this Notice, the lender intends to exercise its right 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, EMC Mortgage Corporation also intends to instruct their attorneys to start a 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 they begin 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 are over $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 attorneys' fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance, and all other sums due under the mortgage.. RIGHT TO .CURE THE DEFAULT PRIOR TO SHERIFF'S SALE.- If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due plus any late or other charges, charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated-that the earliest date that such Sheriffs Sale of the mortgaged proprty could be held would be approximately five (5) months from the date of this Notice. A notice of the actual date of the Sheri ffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER Name of Lender: EMC Mortgage Corporation Address: Po Box 660753 Dallas, TX 75266-0753 Telephone Number: 1-800-723-3004 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 furniture and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorneys' fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT -- To sell the property to obtain money to pay off the mortgage debt, or to borrow money from another lending institution to pay off this debt. To have this default cured by any third party acting on your behalf. -- To have the mortgage restored to the same position as if no default had occurred. (However, you do not have this right to cure your default more than three times in any calendar year).. To assert the nonexistence of a default in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents. - To assert any other defense you believe you may have to such action by the lender. - To seek protection under the federal bankruptcy law. Page four 0003579190 EMC Mortgage Corporation is attempting to collect a debt, and any information obtained will be used for that purpose. Federal law gives you thirty days after you receive this letter to dispute the validity of this debt or any part of it. Unless you dispute the debt within that 30 day period, we will assume that it is, valid. If you notify us in writing at the address below or verbally within the thirty day period that the debt, or any portion thereof, is disputed, we will: 1) Provide to you verification of the debtor a copy of any judgment entered against you. 2) Provide to ;you the name and address of your original creditor, if the original creditor is different from the current creditor. Sincerely, EMC Mortgage Corporation EMC Mortgage Corporation Po Box 660753 Dallas, TX 75266-0753,1-800-723-3004 Appendix B Consumer Credit Counseling Agency Notification To: Name of Mortgagee: Address: In accordance with the Pennsyyvania Homeowner's Emergency Mortgage Assistance Program (Act 91 of 1983), we have been approached for mortgage counseling assistance by: Name of Applicant Address Telephone Number Mortgage Loan Number Address of property on which mortgage is in default, If different from above. The counseling agency met with the above named applicant on Date Who have indicated that they are more than sixty (60) days delinquent on their mortgage payments and have received notification to foreclosure from: Name and Address of Mortgage In accordance with the Homeowner's Emergency Mortgage Assistance Program, this is to inform you that: I. If the delinquency cannot be resolved with in the 30 day forbearance period as provided by the Servicer, the applicant listed above may apply to the Pennsylvania Housing-Finance Agency for Homeowner's Emergency Mortgage Assistance. 2. By a copy of this Notice, we are notifying all other mortgagees,-if any, which the applicant has indicated as also having a mortgage on the property identified above. 3. It is our understanding that the 30 day forbearance period in which we are now in ends on 4. No legal action to enforce the mortgage may occur during this forbearance period, unless procedural time limits were not met by the homeowner. * Indicates Counties Serviced Acorn Housing. Corporation 846 North Broad Street Philadelphia, PA 19131) (215) 765-1221 *Bucks, Chester, Delaware, Montgomery, Philadelphia Americon Financial Counseling Services 1 Abington Plaza, Suite 403 Old York Road and Township Line Jenkintown, PA 19046 (800) 490-3039 *Delaware, Montgomery Action Housing Inc American Financial Counseling Services 425 6th Avenue, Suite 950 175 Strafford Avenue, Suite One Pittsburgh, PA 15219 Wayne, PA 19087 (412) 281-2102 800)490-3039 *Allegheny, Beaver, Butler, Fayette, Greene, 'Bucks, Chester, Delaware, Mongomery, Washington, Westmoreland Philadelphia Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (717) 3341518 *Adams, Cumberland, F=ranklin, York American Financial Counseling Services 906 Penn Avenue Wyomissing, PA 19610 (610) 780-0680 *Barks Advocates for Financial Independence 1806 S Broad Street, Suite 1 B Philadelphia, PA 19145 (215) 389-2810 *Philadelphia Allegheny County Acom 5907 Penn Avenue, Suite 300 Pittsburgh, PA 15206 (412) 441-6551 *Allegheny American Credit Counseling Institute 21 S Church Street West Chester, PA 19380 (888) 212-6741 *Chester American Credit Counseling Institute 300 North Pottstown Pike, Suite 210 Exton, PA 19341 (888) 212-6741 *Berks, Bucks, Montgomery American Credit Couseling Institute 528 Dekalb Street Norristown, PA 19401 (610) 971-2210 *Montgomery American Credit Counseling Institute 530 W Street Road, Suite 201 Warminster, PA 18974 (215) 4449429 *Bucks, Montgomery, Philadelphia American Credit Counseling Institute 845 Coates Street Coatesville, PA 19320 (888) 212-6741 *Bucks, Chester, Montgomery, Philadelphia American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 *Adams, Franklin, York American Red Cross of Chester 1729 Edgemont Avenue Chester, PA 19013 (610) 874-1484 *Chester, Delaware APM 2147 Norht Siidh Street Philadelphia, PA 19122 (215) 235-6788 *Chester, Delaware, Philadelphia Armstrong CO Community Action Agency 124 Armsdale Road, Suite 211 Kittanning, PA 16201 (724) 548-3405 *Armstrong Blair County Comrnuriity Action Agency 2100 6th Avenue, Suite 102 P.O. Box 1833 Altoona, PA 16602 (814) 946-3651 *Blairl Booker T. Washington Center 1720 Holland Street Erie, PA 16503 (814) 453-5744 `Crawford, Erie, Warren Bucks County Housing Group 200 West Bridge Street Morrisville, PA 19067 (866) 866-0280 *Bucks Bucks County Housing Group 470 Old Dublin Pike Doylestown, PA 18901 (866) 866-0280 `Bucks Bucks County Housing Group 515 West End Blvd Quakertown, PA 18951 (866) 866-0280 *Bucks Budget Counseling Center 247 North Fifth Street Reading, PA 19601 (610) 375-7866 *Berks, Chester, Schuylkill Carroll Park Community Council, Inc. 5218 Master Street Philadelphia, PA 19131 (215) 877-1157 *Chester, Delaware, Philadelphia CCCS of Delaware Valley 1230 New Rodgers Road, Suite F1 Bristol, PA 19007 (215) 563-5665 *Bucks CCCS of Delaware Valley 1515 Market Street, Suite 1325 Philadelphia, PA 19107 (215) 563-5665 *Bucks, Delaware, Montgomery, Philadelphia CCCS of Delaware Valley 1777 Sentry Parkway W, Suite 200 Blue Bell, PA 19422 (215) 563-5665 *Montgomery CCCS of Delaware Valley 280 North Providence Road Media, PA 19063 (215) 563-5665 *Delaware CCCS of Delaware Valley Marshal Building 790 E Market St, Suite 170 West Chester, PA 19382 (215),563-5665 *Chester, Delaware CCCS of Delaware Valley Catholic Social Services Building 7340 Jackson Street Philadelphia, PA 19136 (215) 563-5665 *Bucks, Philadelphia American Credit Counseling Institute CCCS of Delaware Valley 937 North Hanover Street Bucks County Housing,Group One Cherry Hill, Suite 215 Pottstown, PA 19460 2324 Second Street Pike, Suite 17 Cherry Hill, PA 08002 (888) 212-0741 Wrightstown, PA 18940 (215) 563-5665 *Berks, Bucks, Montgomery (866) 866-0280 *Philadelphia *Bucks Bucks County Housing Group 349 Durham Road Penndel, PA 19047 (866) 866-0280 *Bucks CCCS of Lehigh Valley 3671 Crescent Court East Whitehall, PA 18052 (610) 821-4011 *Berks, Bucks, Carbon, Lancaster, Lehigh, Northhamplon, Schuylkill Indicates Counties Serviced CCCS of Northeastern PA 1400 Abington Exec. Park, Suite 1 Clarks Summitt, PA 18411 (570) 587-9163 'Carbon, Columbia, Lackawanna Lycoming, Monroe, Montour, Northumberland, Pike, Sullivan, Tioga, Union, Wayne, Wyoming CCCS of Northeastern PA 201 Basin Street, Suite 6 Williamsport, PA 17701 (570) 323-6627 `Centre, Clinton, Lycoming, Northumberland, Union CCCS of Northeastern PA 202 W Hamilton Avenue State College, PA 16801 (814) 238-3668 'Blair, Centre, Clearfield, Clinton, Huntingdon, Juniata, Mifflin CCCS of Northeastern PA 401 Laurel Street Pittston, PA 18640 . (570) 602-2227 'Bradford, Carbon, Columbia, Lackawanna, Lycoming, Monroe, Montour, Northumberland, Pike, Sullivan, Tioga, Union, Wayne, Wyoming CCCS of Northeastern PA 411 Main Street, Suite 104 Stroudsburg, PA 18360 (570) 420-8980 'Bradford, Carbon, Monroe, Pike, Wayne CCCS of Western PA 1 North Gate Square #2 Garden Center Dr Greensburg, PA 15601 (888) 511-2227 'Fayette, Greene, Indiana, Somerset, Washington, Westmoreland CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 (888) 511-2227 'Adams, Cumberland, Dauphin, Franklin, Perry, Synder, York CCCS of Western PA 219-A College Park Plaza Johnstown, PA 15904 (888) 511-2227 'Cambria, Clearfield, Indiana, Somerset CCCS of Western PA 312 Chestnut Street, Suite 227 Meadville, PA 16335 (888) 511-2227 'Lawrence CCCS of Western PA 41 East Chestnut Street Washington, PA 15301 (888) 511-2227 `Washington CCCS of Western PA 4402 Peach Street Erie, PA 16509 (888) 511-2227 `Crawford, Erie, Warren CCCS of Western PA 524 Franklin Avenue Aliquippa, PA 15001 (888) 511-2227 `Cameron CCGS of Western PA 917 A Logan Boulevard Altoona, PA 16602 (888) 511-2227 *Armstrong, Bedford, Blair, Cambria, Centre, Clearfield, Huntingdon, Juniata, Mifflin, Union CCCS of Westem PA 971 Third Street Beaver, PA 15009 (888) 511-2227 'Beaver CCCS of Western PA Colonial Shopping Center 970 S George Street York, PA 17403 (888) 511-2227 'Franklin, Fulton, Lancaster, York CCCS of Western PA Pullman Commerce Center 112 Hollywood Dr Butler, PA 16001 (888) 511-2227 'Butler, Clarion, Jefferson, Mercer, Venango CCCS of Western PA River Park Commons 2403 Sidney Street Pittsburgh, PA 15203 (888) 511-2227 'Allegheny Chester Community ImproyeMent Project 412 Avenue of the States P.O. Box 541 Chester, PA 19016 (610) 876-8663 'Chester, Delaware, Montgomery, Philadelphia Comm. On Econ Opportunity of Luzerne Co. 163 Amber Lane Wilkes-Barre, PA 18702 . (570) 826-0510 'Carbon, Luzeme, Schuylkill, Wyoming Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17094 `Cumberland, Dauphin, Franklin, Perry, Synder Community Action Committee of the Lehigh Valley 1337 East Fifth Street Bethlehem, PA 18015 (610) 691-5620 'Berks, Carbon, Lehigh, Monroe, Northhampton Community Action Development Comm - CADCOM 113 E Main Street Norristown, PA 19401 . (610) 277-6363 'Montgomery Community Action Southwest 150 W Beau Street, Suite 304 Washington, PA 15301 (724) 225-9550 'Washington Community Action Southwest 58 E Greene Street Waynesburg, PA 15370 (724) 852-2893 'Allegheny, Fayette, Greene, Washington, Westmoreland Congreso 216 West Somerset Street Philadelphia, PA 19133 (215) 763-8870 'Philadelphia Council of Spanish Speaking Organization 705-09 North Franklin St Philadelphia, PA 19123 (215) 627-3100 'Philadelphia Diversified Community Service Dixon House 1920 South 20th Street Philadelphia, PA 19145 (215) 336-3511 'Bucks, Chester, Delaware, Philadelphia Fair Housing Partnership of Greater Pittsburgh, Inc. 2840 Liberity Ave., Suite 205 Pittsburgh, PA 15222 (412) 391-2535 `Allegheny Fayette Co. Community Action Agency Inc 137 North Beeson Avenue Uniontown, PA 15401 (724) 437-6050 'Fayette, Somerset FOB CDC 1201 West Only Avenue Philadelphia, PA 19141 (215) 549-8755 `Bucks, Chester, Delaware, Philadelphia Frankford CDC 4625 Frankford Avenue, 2nd Floor Philadelphia, PA 19124 (215) 743-9201 'Philadelphia Garfield Jubilee Associates 5138 Penn Avenue Pittsburgh, PA 15224 (412) 665-5200 'Allegheny Germandtown Settlement 5538 Wayne Avenue Bldg C Philadelphia, PA 19144 (215) 849-3104 'Bucks, Chester, Delaware, Montgomery, Philadelphia Greater Erie Commun. Action Committee 18 West 9th Street Erie, PA 16501 (814) 459-4581 *Crawford, Erie, Venango, Warren RACE 167 W Allegheny Ave., 2nd Floor Philadelphia, PA 19140 (215) 426-8025 *Bucks, Chester, Delaware, Philadelphia Housing Alliance of York 35 South Duke Street York, PA 17401 (717) 8541541 *York Housing Assoc. of Delaware Valley 1500 Walnut Street, Suite 601 Philadelphia, PA 19102 (215) 545-6010 *Philadelphia Housing Assoc. of Delawre Valley 658 North Watts Street Philadelphia, PA 19123 (215) 978-0224 *Philadelphia Housing Opportunities of Beaver Co. 320 College Avenue, Unit 1 Beaver, PA 15009 (724) 728-7511 *Beaver, Lawrence Housing Partnership of Chester County 41 West Lancaster Avenue Downingtown, PA 19335 (610) 518-1522 *Chester, Delaware, Montgomery Huntingdon County Housing Servicing Weatherization, Inc. 917 Mifflin Street Huntingdon, PA 16652 (814) 643-2342 *Bedford, Blair, Fulton, Huntingdon, Juniata, Mifflin, Perry Indiana Co. Community Action Prog. 827 Water Street Box 187 Indiana, PA 15701 (724) 466-2657 *Armstrong, Cambria, Clearfield, Indiana, Jefferson, Westmoreland Intercultural Family Services Inc. 4225 Chestnut Street Philadelphia, PA 191041 (215) 386-1298 *Philadelphia Keystone Economic Develop. Corp. 1954 Mary Grace Lane Johnstown, PA 15901 (814) 535-6556 *Bedford, Blair, Cambria, Clearfield, Indiana, Somerset, Westmoreland * indicates Counties Serviced Koren Comm. Develop; Services Center New Life Comm. Housing Devel Corp. 6055 Norht 5th Street 712 Hawkins Avenue Philadelphia, PA 19120 Braddock, PA 15104 (215) 276-8830 (412) 351-4077 `Philadelphia *Allegheny, Washington, Westmoreland Lawrence County Social Services, Inc. 241 West Grant Street P.O. Box 189 New Castle, PA 16103 (724) 658-7258 *Lawrence Northern Tier Community Action Corp. 135 West 4th Street P.O. Box 389 Emporium, PA 15834 (814) 4861161 `Cameron, Elk, Mckean, Potter Liberty Resources 714 Market Street, Suite 100 Philadelphia, PA 19106 (215) 6342000 *Philadelphia Loveship, Inc. 2320 North 5th Street Harrisburg, PA 1711 (717) 232-2207 *Cumberland, Dauphin, Perry Lycom-Clntn Co Comm to Comm Action 2138 Lincoln Street P.O. Box 3568 Williamsport, PA 17703 (570) 326-0587 *Centre, Clinton, Lycoming, Union Northwest Counseling Service 5001 North Broad Street Philadelphia, PA 19141 (215) 324-7500 *Bucks, Chester, Delaware, Montgomery, Philadelphia Nueva Esperanza 4261 North 5th Street Philadelphia, PA 19140 (215) 324-0746 *Philadelphia Pennsylvania Housing Finance Agency 2275 Swallow Hilt Rd., Bldg 200 Pittsburgh, PA 15220 (412) 429-2842 *Allegheny Maranatha PHFA 43 Philadelphia Avenue 211 North Front Street Waynesboro, PA 17268 Harrisburg, PA 17110 (717) 762-3285 (800-) 342-2397 *Adams, Cumberland, Franklin, Fulton, Perry `Cumberland, Dauphin Media Fellowship House Philadelphia Council for Comm. Advmnt. 302 South Jackson Street 100 N 17th St, Suite 600 Media, PA 19063 Philadelphia, PA 19103 (610) 565-0434 (215) 567-7803 'Chester, Delaware *Chester, Delaware, Montgomery, Philadelphia Mon Valley Unemployment Committee Philadelphia Senior Center 1800 West St., 3rd Floor 509 South Broad Street Homestead, PA 15120 Philadelphia, PA 19147 (412) 462-9962 (215) 546-5879 *Allegheny, Washington; Westmoreland *Philadelphia Mt. Airy, USA Schuylkill Community Action 6703 Germantown Ave., Suite 200 225 N. Centre Street Philadelphia, PA 19119 Pottsville, PA 17901 (215) 844-6021 (570)622-1995 *Philadelphia *Berks, Carbon, Lebanon, Lehigh, Luzeme, Nazareth Housing Services Northumberland, Schuylkill 285 Bellevue Road Shenango Valley Urban League, Inc. Pittsburgh, PA 15229 601 Indiana Avenue (412) 931-3510 Farrell, PA 16121 *Allegheny (724) 981-5310 Neighborhood Housing Services Inc. *Crawford, Lawrence, Mercer 213 N 5th St., Suite 1030 South Philadelphia H.O.M.E.S. Reading, PA 19601 1444 Point Breeze Avenue (610) 372-8433 Philadelphia, PA 19146 *Berks (215) 334-4430 Neighborhood Housing Services 'Philadelphia 710 5th Avenue, Suite 1000 Southwest Community Development Corp. Pittsburgh, PA 15219 6368 Paschall Avenue (412) 281-9773 Philadelphia, PA 19142 *Allegheny (215) 729-0800 *Philadelphia Indicates Counties Serviced St. Martin Center 1701 Parade Street Erie, PA 16503 (814)452-6113 'Crawford, Erie, Venango, Warren The Trehab Center of Northeastem PA 115 SR 92S Tuckhannock, PA 18657 (570) 836-6840 'Wyoming United Communties Southeast Philadelphia 2029 South 8th Street Philadelphia, PA 19148 (215) 467-8700 `Philadelphia Tableland Services Inc.. 535 East Main Street Somerset, PA 15501 (814) 445-9628 `Cambria, Fayette, Somerset, Westmoreland Tabor Community Services 308 E King Street, Suite 1 Lancaster, PA 17602 (717) 397-5182 'Chester, Lancaster, Lebanon The NORCAM Group 4200 Crawford Avenue„ Suite 200 Northern Cambria, PA 15714 (814) 948 4444 'Cambria, Clearfield The Trehab Center of Northeastern PA 10 Public Avenue P.O. Box 366 Montrose, PA 18801 (570) 278-3338 'Susquehanna The Trehab Center of of Northeastern PA 1225 Main Street Honesdale, PA 18431 (570) 253-8941 'Bradford, Sullivan, Susquehanna, Tioga, Wayne, Wyoming The Trehab Center of Northeastern PA 144 E East Avenue Wellsboro, PA 16901 (570) 724-5252 'Tioga The Trehab Center of Northeastern PA German Street P.O. Box 389 Dushore, PA 18614 (570) 928-9667 `Sullivan The Trehab Center of Northeastern PA The Enterprise Center 703 S. Elmer Ave., Suite M-6 Sayre, PA 18840 (570) 888-0412 `Bradford Urban League of Philadelphia 1818 Market Street Philadelphia, PA 19103 (215) 561-6070 'Bucks, Delaware, Philadelphia Urban League of Pittsburgh Building for Equal Opportunity One Smithfield St. Pttsburgh, PA 15222 (412) 22714802 'Allegheny Voices for Independence 3711 West 12th Street Erie, PA 16505 (800)838-9890 `Erie Warren-Forest Counties Economic Opportunity Council 1209 Pennsylvania Ave W. P.O. Box 547 Warren, PA 16365 (814) 726-2400 'Forest, Waren EMC Mortgage Corporation PO Box 293150 Lewisville, TX 75029-3150 I 11111111 ?104 5400 :100 .,:o 0=4. September 4, 2008 0 0 0 1 9 IIII 4111ICI9 ?IIII John D Long 3001 Mayfred Ln Camp Hill, PA 17011-5245 EMC Re: Loan No: 0003579190 Mortgage Property Address: 3001 Mayfred Ln Camp Hill, PA 17011-5245 Corporation ACT 91 NOTICE TA1C-E ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. IMPORTANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The Homeowners' Emergency Mortgage Assistance Program (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can help you you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the counseling agency. The name address and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (persons with impaired hearing can call 717-780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency.may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. La Notificaion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notificion obtenga una traduccion immediatamente llamando esta agencia (Pennsylvania Housing Finance Agency) sin cargos at numero mencionado arriba. Puedes ser elegible para un prestamo por el programa llamado "Homeowners' Emergency Mortgage Assistance Program" at cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCOUNT NUMBER: CURRENT SERVICER John D Long 3001 Mayfred Ln Camp Hill, PA 17011-5245 0003579190 EMC Mortgage Corporation Page two 0003579190 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM You may be eligible for financial assistance, which can save your home from foreclosure and help you make future mortgage payments if you comply with the provision of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency mortgage assistance: If your default has been caused by circumstances beyond your control, if you have a reasonable prospect of being able to pay your mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. This meeting must occur within the next thirty (30) days. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which your property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise this 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 Homeowners' Emergency Mortgage Assistance Program. To do so, you must I.-ill out, sign and file a completed Homeowners' 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) HOW TO CURE YOUR MORTGAGE DEFAULT Bring it up to date): NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 3001 Mayfred Ln Camp Hill, PA 17011-5245 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments from 06/01/2008: $5,144.92 (b) Late charge(s): $236.58 (c) Other charge(s): NSF and Advances $114.90 (d) Less: Credit Balance $0.00 (e) Total amount required as of 09/03/2008: $5,496.40 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable): HOW TO CURE THE DEFAULT - You may cure this default within THIRTY (30) DAYS from the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS $5,496.40, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable to EMC; Mortgage Corporation at Po Box 660753 Dallas, TX 75266-0753. Page three 0003579190 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of date of this Notice, the lender intends to exercise its right 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, EMC Mortgage Corporation also intends to instruct their attorneys to start a 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 they begin 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 are over $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 attorneys' fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance, and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due plus any late or other charges, charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such Sheriffs Sale of the mortgaged proprty could be held would be approximately five (5) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER Name of Lender: EMC Mortgage Corporation Address: Po Box 660753 Dallas, TX 75266-0753 Telephone Number: 1-800-723-3004 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 furniture and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorneys' fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT -- To sell the property to obtain money to pay off the mortgage debt, or to borrow money from another lending institution to pay off this debt. To have this default cured by any third party acting on your behalf. -- To have the mortgage restored to the same position as if no default had occurred. (However, you do not have this right to cure your default more than three times in any calendar year). -- To assert the nonexistence of a default in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents. -- To assert any other defense you believe you may have to such action by the lender. To seek protection under the federal bankruptcy law. Page four 0003579190 EMC Mortgage Corporation is attempting to collect a debt, and any information obtained will be used for that purpose. Federal law gives you thirty days after you receive this letter to dispute the validity of this debt or any part of it. Unless you dispute the debt within that 30 day period, we will assume that it is valid. If you notify us in writing at the address below or verbally within the thirty day period that the debt, or any portion thereof, is disputed, we will: 1) Provide to you verification of the debtor a copy of any judgment entered against you. 2) Provide to you the name and address of your original creditor, if the original creditor is different from the current creditor. Sincerely, EMC Mortgage Corporation EMC Mortgage Corporation Po Box 660753 Dallas, TX 75266-0753, 1-800-723-3004 Appendix B Consumer Credit Counseling Agency Notification To: Name of Mortgagee: Address: in accordance with the Pennslyvania Homeowner's Emergency Mortgage Assistance Program (Act 91 of 1983), we have been approached for mortgage counseling assistance by: Name of Applicant Address Telephone Number Mortgage Loan Number Address of property on which mortgage is in default, If different from above. The counseling agency met with the above named applicant on Date Who have indicated that they are more than sixty (60) days delinquent on their mortgage payments and have received notification to foreclosure from: Name and Address of Mortgage In accordance with the Homeowner's Emergency Mortgage Assistance Program, this is to inform you that: 1. If the delinquency cannot be resolved with in the 30 day forbearance period as provided by the Servicer, the applicant listed above may apply to the Pennsylvania Housing Finance Agency for Homeowner's Emergency Mortgage Assistance. 2. By a copy of this Notice, we are notifying all other mortgagees, if any, which the applicant has indicated as also having a mortgage on the property identified above. 3. It is our understanding that the 30 day forbearance period in which we are now in ends on 4. No legal action to enforce the mortgage may occur during this forbearance period, unless procedural time limits were not met by the homeowner. * Indicates Counties Serviced Acorn Housing Corporation 846 North Broad Street Philadelphia, PA 19130 (215) 765-1221 *Bucks, Chester, Delaware, Montgomery, Philadelphia American Financial Counseling Services 1 Abington Plaza, Suite 403 Old York Road and Township Line Jenkintown, PA 19046 (800) 490-3039 *Delaware, Montgomery Action Housing Inc American Financial Counseling Services 425 6th Avenue, Suite 950 175 Strafford Avenue, Suite One Pittsburgh, PA 15219 Wayne, PA 19087 (412) 281-2102 800) 490-3039 *Allegheny, Beaver, Butler, Fayette, Greene, *Bucks, Chester, Delaware, Mongomery, Washington, Westmoreland Philadelphia Adams County Interfaith Housing Authority American Financial Counseling Services 40 E High Street 906 Penn Avenue Gettysburg, PA 17325 Wyomissing, PA 19610 (717) 334-1518 (610) 780-0680 *Adams, Cumberland, Franklin, York *Berks Advocates for Financial Independence 1806 S Broad Street, Suite 1 B Philadelphia, PA 19145 (215) 389-2810 *Philadelphia American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 *Adams, Franklin, York Allegheny County Acorn 5907 Penn Avenue, Suite 300 Pittsburgh, PA 15206 (412) 441-6551 *Allegheny American Credit Counseling Institute 21 S Church Street West Chester, PA 19380 (888) 212-6741 *Chester American Credit Counseling Institute 300 North Pottstown Pike, Suite 210 Exton, PA 19341 (888) 212-6741 *Berks, Bucks, Montgomery American Credit Couseling Institute 528 Dekalb Street Norristown, PA 19401 (610) 971-2210 *Montgomery American Credit Counseling Institute 530 W Street Road, Suite 201 Warminster, PA 18974 (215) 444-9429 *Bucks, Montgomery, Philadelphia American Credit Counseling Institute 845 Coates Street Coatesville, PA 19320 (888) 212-6741 'Bucks, Chester, Montgomery, Philadelphia American Red Cross of Chester 1729 Edgemont Avenue Chester, PA 19013 (610) 874-1484 *Chester, Delaware APM 2147 Norht Sixth Street Philadelphia, PA 19122 (215) 235-6788 *Chester, Delaware, Philadelphia Armstrong CO Community Action Agency 124 Armsdale Road, Suite 211 Kittanning, PA 16201 (724) 548-3405 *Armstrong Blair County Community Action Agency 2100 6th Avenue, Suite 102 P.O. Box 1833 Altoona, PA 16602 (814) 946-3651 *Blairi Booker T. Washington Center 1720 Holland Street Erie, PA 16503 (814) 453-5744 *Crawford, Erie, Warren Bucks County Housing Group 200 West Bridge Street Morrisville, PA 19067 (866) 866-0280 *Bucks Bucks County Housing Group 470 Old Dublin Pike Doylestown, PA 18901 (866) 866-0280 *Bucks Bucks County Housing Group 515 West End Blvd Quakertown, PA 18951 (866) 866-0280 *Bucks Budget Counseling Center 247 North Fifth Street Reading, PA 19601 (610) 375-7866 *Berks, Chester, Schuylkill Carroll Park Community Council, Inc. 5218 Master Street Philadelphia, PA 19131 (215) 877-1157 *Chester, Delaware, Philadelphia CCCS of Delaware Valley 1230 New Rodgers Road, Suite F1 Bristol, PA 19007 (215) 563-5665 *Bucks CCCS of Delaware Valley 1515 Market Street, Suite 1325 Philadelphia, PA 19107 (215) 563-5665 *Bucks, Delaware, Montgomery, Philadelphia CCCS of Delaware Valley 1777 Sentry Parkway W, Suite 200 Blue Bell, PA 19422 (215) 563-5665 *Montgomery CCCS of Delaware Valley 280 North Providence Road Media, PA 19063 (215) 563-5665 *Delaware CCCS of Delaware Valley Marshal Building 790 E Market St, Suite 170 West Chester, PA 19382 (215) 563-5665 *Chester, Delaware CCCS of Delaware Valley Catholic Social Services Building 7340 Jackson Street Philadelphia, PA 19136 (215) 563-5665 *Bucks, Philadelphia American Credit Counseling Institute CCCS of Delaware Valley 937 North Hanover Street Bucks County Housing Group One Cherry Hill, Suite 215 Pottstown, PA 19460 2324 Second Street Pike, Suite 17 Cherry Hill, PA 08002 (888) 212-6741 Wrightstown, PA 18940 (215) 563-5665 *Berks, Bucks, Montgomery (866) 866-0280 *Philadelphia *Bucks Bucks County Housing Group 349 Durham Road Penndel, PA 19047 (866) B66-0280 *Bucks CCCS of Lehigh Valley 3671 Crescent Court East Whitehall, PA 18052 (610) 821-4011 *Berks, Bucks, Carbon, Lancaster, Lehigh, Northhampton, Schuylkill " Indicates Counties Serviced CCCS of Northeastern PA 1400 Abington Exec. Park, Suite 1 Clarks Summitt, PA 18411 (570) 587-9163 `Carbon, Columbia, Lackawanna Lycoming, Monroe, Montour, Northumberland, Pike, Sullivan, Tioga, Union, Wayne, Wyoming CCCS of Northeastern PA 201 Basin Street, Suite 6 Williamsport, PA 17701 (570) 323-6627 `Centre, Clinton, Lycoming, Northumberland, Union CCCS of Northeastern PA 202 W Hamilton Avenue State College, PA 16801 (814) 238-3668 'Blair, Centre, Clearfield, Clinton, Huntingdon, Juniata, Mifflin CCCS of Northeastern PA 401 Laurel Street Pittston, PA 18640 (570) 602-2227 'Bradford, Carbon, Columbia, Lackawanna, Lycoming, Monroe, Montour, Northumberland, Pike, Sullivan, Tioga, Union, Wayne, Wyoming CCCS of Northeastern PA 411 Main Street, Suite 104 Stroudsburg, PA 18360 (570) 420-8980 'Bradford, Carbon, Monroe, Pike, Wayne CGCS of Western PA 1 North Gate Square #2 Garden Center Dr Greensburg, PA 15601 (888) 511-2227 'Fayette, Greene, Indiana, Somerset, Washington, Westmoreland CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 (888) 511-2227 'Adams, Cumberland, Dauphin, Franklin, Perry, Synder, York CCCS of Western PA 219-A College Park Plaza Johnstown, PA 15904 (888) 511-2227 'Cambria, Clearfield, Indiana, Somerset CCCS of Western PA 312 Chestnut Street, Suite 227 Meadville, PA 16335 (888) 511-2227 'Lawrence CCCS of Western PA 41 East Chestnut Street Washington, PA 15301 (888)511-2227 'Washington CCCS of Western PA 4402 Peach Street Erie, PA 16509 (888) 511-2227 'Crawford, Erie, Warren CCCS of Western PA 524 Franklin Avenue Aliquippa, PA 15001 (888) 511-2227 'Cameron CCCS of Western PA 917 A Logan Boulevard Altoona, PA 16602 (888) 511-2227 'Armstrong, Bedford, Blair, Cambria, Centre, Clearfield, Huntingdon, Juniata, Mifflin, Union CCCS of Westem PA 971 Third Street Beaver, PA 15009 (888) 511-2227 'Beaver CCCS of Western PA Colonial Shopping Center 970 S George Street York, PA 17403 (888) 511-2227 'Franklin, Fulton, Lancaster, York CCCS of Western PA Pullman Commerce Center 112 Hollywood Dr Butler, PA 16001 (888) 511-2227 'Butler, Clarion, Jefferson, Mercer, Venango CCCS of Western PA River Park Commons 2403 Sidney Street Pittsburgh, PA 15203 (888) 511-2227 'Allegheny Chester Community Improvement Project 412 Avenue of the States P.O. Box 541 Chester, PA 19016 (610) 876-8663 'Chester, Delaware, Montgomery, Philadelphia Comm. On Econ Opportunity of Luzeme Co. 163 Amber Lane Wilkes-Barre, PA 18702 (570) 826-0510 'Carbon, Luzerne, Schuylkill, Wyoming Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17094 'Cumberland, Dauphin, Franklin, Perry, Synder Community Action Committee of the Lehigh Valley 1337 East Fifth Street Bethlehem, PA 18015 (610) 691-5620 'Berks, Carbon, Lehigh, Monroe, Northhampton Community Action Development Comm - CADCOM 113 E Main Street Norristown, PA 19401 (610) 277-6363 'Montgomery Community Action Southwest 150 W Beau Street, Suite 304 Washington, PA 15301 (724) 225-9550 `Washington Community Action Southwest 58 E Greene Street Waynesburg, PA 15370 (724) 852-2893 'Allegheny, Fayette, Greene, Washington, Westmoreland Congreso 216 West Somerset Street Philadelphia, PA 19133 (215) 763-8870 'Philadelphia Council of Spanish Speaking Organization 705-09 North Franklin St Philadelphia, PA 19123 (215) 627-3100 `Philadelphia Diversified Community Service Dixon House 1920 South 20th Street Philadelphia, PA 19145 (215) 336-3511 'Bucks, Chester, Delaware, Philadelphia Fair Housing Partnership of Greater Pittsburgh, Inc. 2840 Liberity Ave., Suite 205 Pittsburgh, PA 15222 (412) 391-2535 'Allegheny Fayette Co. Community Action Agency Inc 137 North Beeson Avenue Uniontown, PA 15401 (724) 437-6050 'Fayette, Somerset FOB CDC 1201 West Only Avenue Philadelphia, PA 19141 (215) 549-8755 'Bucks, Chester, Delaware, Philadelphia Frankford CDC 4625 Frankford Avenue, 2nd Floor Philadelphia, PA 19124 (215) 743-9201 'Philadelphia Garfield Jubilee Associates 5138 Penn Avenue Pittsburgh, PA 15224 (412) 665-5200 `Allegheny Germandtown Settlement 5538 Wayne Avenue Bldg C Philadelphia, PA 19144 (215) 849-3114 'Bucks, Chester, Delaware, Montgomery, Philadelphia * Indicates Counties Serviced Greater Erie Commun.. Action Committee 18 West 9th Street Erie, PA 16501 (814) 4594581 *Crawford. Erie, Venango, Warren Koren Comm. Develop. Services Center 6055 Norht 5th Street Philadelphia, PA 19120 (215) 276-8830 *Philadelphia New Life Comm. Housing Devel Corp. 712 Hawkins Avenue Braddock, PA 15104 (412) 3514077 *Allegheny, Washington, Westmoreland HACE 167 W Allegheny Ave., 2nd Floor Philadelphia, PA 19140 (215) 426-8025 *Bucks, Chester, Delaware, Philadelphia Housing Alliance of York 35 South Duke Street York, PA 17401 (717) 854-1541 `York Housing Assoc. of Delaware Valley 1500 Walnut Street, Suite 601 Philadelphia, PA 19102 (215) 545-6010 *Philadelphia Housing Assoc_ of Delawre Valley 658 North Watts Street Philadelphia, PA 19123 (215) 978-0224 *Philadelphia Housing Opportunities of Beaver Co. 320 College Avenue, Unit 1 Beaver, PA 15009 (724) 728-7511 *Beaver, Lawrence Housing Partnership of Chester County 41 West Lancaster Avenue Downingtown, PA 19335 (610) 518-1522 *Chester, Delaware, Montgomery Huntingdon County Housing Servicing Weatherization, Inc. 917 Mifflin Street Huntingdon, PA 16652 (814) 643-2342 *Bedford, Blair, Fulton, Huntingdon, Juniata, Mifflin, Perry Indiana Co. Community Action Prog. 827 Water Street Box 187 Indiana, PA 15701 (724) 465-2657 *Armstrong, Cambria, Clearfield, Indiana, Jefferson, Westmoreland Intercultural Family Services Inc. 4225 Chestnut Street Philadelphia, PA 19104 (215) 386-1298 *Philadelphia Keystone Economic Develop. Corp. 1954 Mary Grace Lane Johnstown, PA 15901 (814) 535-6556 *Bedford, Blair, Cambria, Clearfield, Indiana, Somerset, Westmoreland Lawrence County Social Services, Inc. 241 West Grant Street P.O. Box 189 New Castle, PA 16103 (724) 658-7258 *Lawrence Liberty Resources 714 Market Street, Suite 100 Philadelphia, PA 19106 (215) 6342000 *Philadelphia Loveship, Inc. 2320 North 5th Street Harrisburg, PA 1711 (717) 232-2207 *Cumberland, Dauphin, Perry Lycom-Clntn Co Comm fo Comm Action 2138 Lincoln Street P.O. Box 3568 Williamsport, PA 17703 (570) 326-0587 *Centre, Clinton, Lycoming, Union Northern Tier Community Action Corp. 135 West 4th Street P.O. Box 389 Emporium, PA 15834 (814)4861161 *Cameron, Elk, Mckean, Potter Northwest Counseling Service 5001 North Broad Street Philadelphia, PA 19141 (215) 324-7500 *Bucks, Chester, Delaware, Montgomery, Philadelphia Nueva Esperanza 4261 North 5th Street Philadelphia, PA 19140 (215) 324-0746 *Philadelphia Pennsylvania Housing Finance Agency 2275 Swallow Hill Rd., Bldg 200 Pittsburgh, PA 15220 (412) 429-2842 *Allegheny Maranatha PHFA 43 Philadelphia Avenue 211 North Front Street Waynesboro, PA 17268 Harrisburg, PA 17110 (717) 762-3285 (800-) 342-2397 *Adams, Cumberland, Franklin, Fulton, Perry *Cumberland, Dauphin Media Fellowship House 302 South Jackson Street Media, PA 19063 (610) 565-0434 *Chester, Delaware Philadelphia Council for Comm. Advmnt. 100 N 17th St, Suite 600 Philadelphia, PA 19103 (215) 567-7803 *Chester, Delaware, Montgomery, Philadelphia Mon Valley Unemployment Committee 1800 West St., 3rd Floor Homestead, PA 15120 (412) 462-9962 *Allegheny, Washington, Westmoreland Mt. Airy, USA 6703 Germantown Ave., Suite 200 Philadelphia, PA 19119 (215) 8446021 *Philadelphia Nazareth Housing Services 285 Bellevue Road Pittsburgh, PA 15229 (412) 931-351CI *Allegheny Neighborhood Housing Services Inc. 213 N 5th St., Suite 1030 Reading, PA 19601 (610) 372-8433 *Berks Neighborhood Housing Services 710 5th Avenue, Suite 1000 Pittsburgh, PA 15219 (412) 281-9773 *Allegheny Philadelphia Senior Center 509 South Broad Street Philadelphia, PA 19147 (215) 546-5879 *Philadelphia Schuylkill Community Action 225 N. Centre Street Pottsville, PA 17901 (570) 622-1995 *Berks, Carbon, Lebanon, Lehigh, Luzeme, Northumberland, Schuylkill Shenango Valley Urban League, Inc. 601 Indiana Avenue Farrell, PA 16121 (724) 981-5310 *Crawford, Lawrence, Mercer South Philadelphia H.O.M.E.S. 1444 Point Breeze Avenue Philadelphia, PA 19146 (215) 334-4430 *Philadelphia Southwest Community Development Corp. 6368 Paschall Avenue Philadelphia, PA 19142 (215) 729-0800 *Philadelphia * Indicates Counties Serviced St. Martin Center 1701 Parade Street Erie, PA 16503 (814) 452-6113 `Crawford, Erie, Venango, Warren The Trehab Center of Northeastern PA 115 SR 92S Tuckhannock,PA 18657 (570) 836-6840 'Wyoming United Communties Southeast Philadelphia 2029 South 8th Street Philadelphia, PA 19148 (215) 467-8700 'Philadelphia Tableland Services Inc. 535 East Main Street Somerset, PA 15501 (814) 445-9628 `Cambria, Fayette, Somerset, Westmoreland Tabor Community Services 308 E King Street, Suite 1 Lancaster, PA 17602 (717) 397-5182 'Chester, Lancaster, Lebanon The NORCAM Group 4200 Crawford Avenue, Suite 200 Northern Cambria, PA 15714 (814) 9484444 'Cambria, Clearfield The Trehab Center of Northeastern PA 10 Public Avenue P.O. Box 366 Montrose, PA 18801 (570) 278-3338 'Susquehanna The Trehab Center of of Northeastern PA 1225 Main Street Honesdale, PA 18431 (570) 253-8941 'Bradford, Sullivan, Susquehanna, Tioga, Wayne, Wyoming The Trehab Center of Northeastern PA 144 E East Avenue Weflsboro, PA 16901 (570) 724-5252 'Tioga The Trehab Center of Northeastern PA German Street P.O. Box 389 Dushore, PA 18614 (570) 928-9667 `Sullivan The Trehab Center of Northeastern PA The Enterprise Center 703 S. Eimer Ave., Suite M-6 Sayre, PA 18840 (570) 888-0412 'Bradford Urban League of Philadelphia 1818 Market Street Philadelphia, PA 19103 (215) 561-6070 'Bucks, Delaware, Philadelphia Urban League of Pittsburgh Building for Equal Opportunity One Smithfield St. Pttsburgh, PA 15222 (412)227-4802 'Allegheny Voices for Independence 3711 West 12th Street Erie, PA 16505 (800) 838-9890 'Erie Warren-Forest Counties Economic Opportunity Council 1209 Pennsylvania Ave W. P.O. Box 547 Warren, PA 16365 (814) 726-2400 'Forest, Waren VERIFICATION The undersigned hereby states that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. EMC Mortgage Corporation, Attorney-in-Fact for Citibank, N.A., as Trustee for Certificateholders of Bear Stearns Asset Backed Securities Trust 2007-2, Asset Backed Certificates, Series 2007-2 Loan Number: 0003579190 ---LAW OFFICES 01? GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD I ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 EMC MORTGAGE CORPORATION, ATTORNEY-IN.-FACT FOR CITIBANK, N.A., AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEA.RNS ASSET BACKED SECURITIES TRUST 2007-2, ASSET BACKED CERTIFICATES, SERIES 2007-2 800 STATE; HIGHWAY 121 BYPASS LEWISVILLE, TX 75067-4180 vs. JOHN D. LONG, A/K/A JOHN DAVID LONG ANNA K. LONG, A/K/A ANNA KATHRYN LONG 3001 MAYFRED LANE CAMP HILL, PA 17011 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-7091 CIVIL TERM PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JOHN D. LONG, A/K/A JOHN DAVID LONG and ANNA K. LONG, A/K/A ANNA KATHRYN LONG, Defendants, for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As Set forth in Complaint $108,943.62 Interest 11/8/08 to 1/12/09 1,823.90 TOTAL $110,767.52 I hereby certify that (1) the addresses of the Plaintiff and Defendants are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. GREGO AVARDIAN, ESQUIRE Attorne for Plaintiff Damages are hereby assessed as indicated. DATE: ?4?lk 9 RO PRO H LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR CITIBANK, N.A., AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2007-2, .ASSET BACKED CERTIFICATES, SERIES 2007-2 VS. JOHN D. LONG, A/K/A JOHN DAVID LONG ANNA K. LONG, A/K/A ANNA KATHRYN LONG ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-7091 CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR REASSESSMENT OF DAMAGES Statement of Facts On December 8, 2008, Plaintiff instituted this Action in Mortgage Foreclosure due to default on a Mortgage given to secure the indebtedness of a Note. Service of Plaintiff's complaint upon the Defendants was completed as of December 10, 2008. Plaintiff mailed the Notice of Intention to Enter Default Judgment (10-day notice) to the Defendants on December-31,2008. Default judgment was entered in Plaintiff's favor and against the Defendants on January 16, 2009. The damages were assessed against the Defendants in the amount of $110,767.52. The Writ of Execution was issued on February 24, 2009 and the mortgaged property was scheduled for the June 10, 2009 Sheriff's sale. The Sheriff's sale scheduled for June 10, 2009 was postponed to the September 2, 2009 Sheriff's sale for loss mitigation review. On June 10, 2009, the Defendants filed a Chapter 13 Bankruptcy in the Middle District of Pennsylvania case number 09-04452. The Sheriff's sale scheduled for September 2, 2009 was postponed to the October 7, 2009 Sheriffs sale as the Defendants' Bankruptcy remained active. The Sheriff's sale scheduled for October 7, 2009 was stayed as the Defendants' Bankruptcy remained active. By Order of Court, dated January 13, 2010, Plaintiff was granted relief from the automatic Bankruptcy stay. The Writ of Execution was reissued on March 3, 2010 and the mortgaged property was scheduled for the June 2, 2010 Sheriff's sale. The June 2, 2010 Sheriff's sale was postponed to the August 4, 2010 Sheriff s sale to complete the Notice of Sheriff's sale. The August 4, 20110 Sheriffs sale was postponed to the October(), 2010 sale to reassess damages. The property is currently scheduled for the October 6, 2010 Sheriff s sale. Since the filing of the complaint, Plaintiff has expended funds to protect its collateral. In accordance with the terms of the Mortgage and Note, Plaintiff is entitled to collect for amounts advanced for property insurance, delinquent taxes and legal fees and costs. Additionally, interest has continued to accrue since the entry of judgment and due to the Defendants' Bankruptcy filing. If Plaintiff went to sale without reassessing damages and if there were competitive bidding, Plaintiff would suffer irreparable harm in that it would not be able to recoup monies it paid to protect its interest. Conversely, a reassessment of damages will not be detrimental whatsoever to the Defendants. ARGUMENT The Pennsylvania Rules of Civil Procedure are silent with respect to the issue of Reassessment of Damages; however, Rule 1037 provides, "the Prothonotary shall assess damages for the amount which Plaintiff is entitled if it is a sum certain or which can be made certain by computation..." In the instant case, the amount to which Plaintiff is entitled is readily calculated by review of the mortgage which is of record, together with the complaint which specifically lists the items chargeable. Clearly, if Rule 1037 gives the Prothonotary the right to assess damages for the amount to which Plaintiff is entitled as set forth in the complaint; the Court has similar power to reassess damages at a later date. In addition, Rule 1037(a) provides that the Court, on motion of a party, may enter an appropriate judgment against a party upon default or admission. If the Court has the power to enter judgment, it certainly has the power to do a lesser act, to wit, reassess damages. In addition to all of the above, to reassess damages would have no adverse effect whatsoever on the Defendants. WHEREFORE, Plaintiff respectfully requests that damages be reassessed in the amount of $135,860.89. Respectfully submitted, Date: Gregory J ardi Attorney for Plaintiff LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR CITIBANK, N.A., AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2007-2, ASSET BACKED CERTIFICATES, SERIES 2007-2 V S. JOHN D. LONG, A/K/A JOHN DAVID LONG ANNA K. LONG, A/K/A ANNA KATHRYN LONG ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-7091 CIVIL TERM VERIFICATION The undersigned hereby states that he is the attorney for Plaintiff in this action and •erif es that the statements made in the foregoing Motion for Reassessment of Damages are % true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: ?? !?>(?? ??.' W f7 Gregory J vard6 Attorney for Plaintiff LAW OFFICES OF GREGORY JAVARDIAN Bv: GREGORY .IAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 F_.MC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR CITIBANK, N.A., AS TRUSTEE FOR CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2007-2, ASSET BACKED CERTIFICATES, SERIES 2007-2 VS. JOHN D. LONG, A/K/A JOHN DAVID LONG ANNA K. LONG, A/K/A ANNA KATHRYN LONG ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-7091 CIVIL TERM CERTIFICATE OF SERVICE TO THE PROTHONOTARY: I hereby certify that the Plaintiff's Motion for Reassessment of Damages and proposed order, was mailed by regular mail, first class United States mail, postage prepaid to the individuals noted below on the date set forth below. JOHN D. LONG, A/K/A JOHN DAVID LONG 260 CUMBERLAND POINTE CIRCLE MECHANICSBURG, PA 17055 ANNA K.. LONG, A/K/A ANNA KATHRYN LONG 260 CUMBERLAND POINTE CIRCLE MECHANICSBURG, PA 17055 A Date: Gregoory Mardi Attorney for Plaintiff LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR CITIBANK, N.A., AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2007-2, ASSET BACKED CERTIFICATES, SERIES 2007-2 vs. JOHN D. LONG, A/K/A JOHN DAVID LONG ANNA K. LONG, A/KJA ANNA KATHRYN LONG SEP 0 8 2010 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-7091 CIVIL TERM ORDER AND NOW, this / day of ,- , 2010, upon consideration of Plaintiffs Motion for Reassessment of Damages, and any response thereto, it is hereby ORDERED that Plaintiffs Motion is granted and damages are reassessed in the sum of $135,860.89, together with interest at the per diem rate of six percent ($22.33) from August 6, 2010, through the sale date. BY T COURT: J. Dis bution List regory Javardian r _ 1310 Industrial Boulevard -{ I" Floor, Suite 101 -0 , -n Southampton, PA 18966 Attorney for Plaintiff +?- -* (Cont. on next page) E . 7 -7 -A ? 1 L7 C La i T 5 Distribution List cont. JOHN D. LONG, A/K/A JOHN DAVID LONG 260 CUMBERLAND POINTE CIRCLE MEECCHANICSBURG, PA 17055 ?CNNA K. LONG, A/K/A J ANNA KATHRYN LONG 260 CUMBERLAND POINTE CIRCLE MECHANICSBURG, PA 17055 ,Nerhan C. Wolf, Esquire ./ 10 W. High Street Carlisle, PA 17013 Local Counsel for Plaintiff ?i ¢S /rt?.t? 4/4/,d . SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ?, --- , - Sheriff - Jody S Smith Chief Deputy Richard W Stewart - Solicitor Y L, EMC Mortgage Corporation Case Number vJ7 John 0, Long (et al.) 2008-7091 SHERIFF'S RETURN OF SERVICE 04/21/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Johhn D. Long, 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, John D. Long, service address of: 260 Cumberland Pointe Circle, Mechanicsburg, PA 17055 is non existent, no record of address with the Cumberland County Tax Claim Bureau, Cumberland County 911 Communications, Leasing Office Personel at Cumberland Pointe Circle or the' Mechanicsburg Post Office. 04/21/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Anna K. Long, but was unable to locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Anna K. Long, service address of: 260 Cumberland Pointe Circle, Mechanicsburg, PA 17055 is non existent, no record of address with the Cumberland County Tax Claim Bureau, Cumberland County 911 Communications, Leasing Office Personel at Cumberland Pointe Circle or the Mechanicsburg Post Office. 04/22/2010 09:14 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on 4/22/10 at 2112 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 John D. Long and Anna K, Long, located at, 3001 Mayfred Lane, Camp Hill, Cumberland County, Pennsylvania according to law. 05/05/2010 Property sale postponed to 8/4/2010. 05127/2010 Michael Barrick, Deputy, Sheriff, who being duly sworn according to law, states that on 5/24/2010 at 1936 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: John D. Long, by making known unto, John D. Long, personally, at,' 620 Cumberland Pointe Circle, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 05/27/2010 Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on 5/24/2010 at 1936 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant; to wit: Anna K. Long, by making known unto, John D. Long, Spouse, at. 620 Cumberland Pointe Circle, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the'same time handing to him personally the said true and correct copy of the same. 08/04/2010 As directed by Gregory Javardian, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/612010 10/06/2010 Ronny R. Anderson„ Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on October 6, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1;00 to Attorney Gregory Javardian, on behalf of Citibank, N.A. as Trustee for Certificateholders of Bear Stearns Asset Backed Securities Trust 2007-2, Asset Backed Certificates, Series 2007-2, of, 800 State Highway, 121 Bypass, Lewsville; TX 75067 , being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ Ccf., ,vuuo re>ivf, 72 ,. 3.r`fi, Ift i i SHERIFF COST: $893.18 November 08, 2010 SO ANSWERS, RONNY R ANDERSON, SHERIFF ' o6t .. - 1 0< c4e) _ 7 1,?e -79 o! C Ai,'°y8ugo 2> `f. Te?oso'k. Lia EMC MORTGAGE CORPORATION, COURT OF COMMON PLEAS ATTORNEY-IN-FACT FOR CITIBANK, N.A., AS TRUSTEE FOR CUMBERLAND COUNTY CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES No.: 08-7091 CIVIL TERM TRUST 2007-2, ASSET BACKED CERTIFICATES, SERIES 2007-2 vs. JOHN D. LONG, A/K/A JOHN DAVID LONG ANNA K. LONG, A/K/A ANNA KATHRYN LONG AFFIDAVIT PURSUANT TO RULE 3129.1 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 3001 MAYFRED LANE, CAMP HILL, PA 17011: 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOHN D. LONG, A/K/A JOHN DAVID LONG ANNA K. LONG, A/K/A ANNA KATHRYN LONG 260 CUMBERLAND POINTE CIRCLE MECHANICSBURG, PA 17055 260 CUMBERLAND POINTE CIRCLE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: JOHN D. LONG, A/K/A 260 CUMBERLAND POINTE CIRCLE JOHN DAVID LONG MECHANICSBURG, PA 17055 ANNA K. LONG, A/K/A 260 CUMBERLAND POINTE CIRCLE ANNA KATHRYN LONG MECHANICSBURG, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Plaintiff. 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Domestic Relations Cumberland County Tax Claim Bureau PA Department of Public Welfare Bureau of Child Support Enforcement 13 N. Hanover Street Carlisle, PA 17013 1 Courthouse Square Carlisle, PA 17013-3387 Health and Welfare Building - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 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: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenants/Occupants 3001 MAYFRED LANE CAMP HILL, PA 17011 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. GR O Y JAVARDIAN, ESQUIRE At 9r,ney for Plaintiff March 1, 2010 LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 13 10 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR CITIBANK, N.A., AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2007-2, ASSET BACKED CERTIFICATES, SERIES 2007-2 vs. JOHN D. LONG, A/K/A JOHN DAVID LONG ANNA K. LONG, A/K/A ANNA KATHRYN LONG COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-7091 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JOHN D. LONG, A/K/A JOHN DAVID LONG ANNA K. LONG, A/K/A ANNA KATHRYN LONG 260 CUMBERLAND POINTE CIRCLE MECHANICSBURG, PA 17055 Your house (real estate) at 3001 MAYFRED LANE, CAMP HILL, PA 17011, is scheduled to be sold at Sheriff s Sale on JUNE 2, 2010 at 10:00 A.M., in the Cumberland County Courthouse, Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of $110,767.52, obtained by EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR CITIBANK, N.A., AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2007-2, ASSET BACKED CERTIFICATES, SERIES 2007-2, against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215 942-9690. 2. You mdy be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also 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 below on 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. 1. 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 (215) 942-9690. 2. You maybe 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 go through only if the buyer pays the Sheriff the full amount due in the sale. 'To find out if this has happened, you may call Gregory Javardian, Esquire at (215) 942-9690. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff. This schedule will state who will be receiving that 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. 7. You may also have other rights and defenses, or ways of getting your home 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 BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Camp Hill, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the southwest corner of Mayfred Lane and South 30th Street; thence South 07 degrees East along the western line of South 30th Street 100 feet to a point; thence South 83 degrees West along the northerly line of Lot No. 12 on the hereinafter mentioned Plan, 110 feet to a point; thence North 07 degrees West along the eastern line of Lot No. 6 on said Plan, 1 00 feet to a point on the southerly line of Mayfred Lane; thence by the latter line, North 83 degrees East, 110 feet to the place of beginning. BEING Lot No. 5 on the Plan of Section A, Parkway Terrace, said Plan being recorded in Cumberland County Plan Book 10, Page 23. BEING known as 3001 MAYFRED LANE, CAMP HILL, PA 17011 BEING THE SAME PREMISES which Paul Dorgan, a single man, by Deed dated October 31, 1996 and recorded November 7, 1996 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 148, Page 879, granted and conveyed unto John D. Long and Anna K. Long, husband and wife. PARCEL No. 01-22-0533-203 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-7091 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EMC MORTGAGE CORPORATION, Attorney-in-Fact for CITIBANK, N.A., as Trustee for CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2007-2, ASSET BACKED CERTIFICATES, SERIES 2007-2, Plaintiff (s) From JOHN D. LONG, a/k/a JOHN DAVID LONG and ANNA K. LONG, a/k/a ANNA KATHRYN LONG (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 $110,767.52 L.L. Interest from 1/12/09 to Dateof Sale @18.20 per diem -- to be determined Atty's Comm % Atty Paid $1,072.89 Plaintiff Paid Date: 3/3110 (Seal) Due Frothy $2.00 Other Costs - 1/) ?? David D. Buell, rothonotary By: Deputy REQUESTING PARTY: Name: GREGORY JAVARDIAN, ESQUIRE Address: LAW OFFICES OF GREGORY JAVARDIAN 1310 INDUSTRIAL BOULEVARD 11T FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 Attorney for: PLAINTIFF ¦ Telephone: 215-942-9690 Supreme Court ID No. 55669 On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Camp Hill Borough, Cumberland County, PA, Known and numbered as, )001 Mayfred Lane, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By: Real:Estate Coordinator k U 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: April 16, Lri123, and April 30, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, alegal 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. sa Marie Coyne, ditor' SWORN TO AND SUBSCRIBED before me this 30 da of Aril 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS 'Notary Public'; CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 Writ No. 2008-70191 Civil EMC Mortgage Corporation vs. John D., L. ng Anna K. Long At v: Gregory Javardian'' ALL THAT CERTAIN niece or par. eel of land, situate in the Borough of Camp Hili, County a? ,Cumberland and Commomwealth of Penrisylva- nia, more particulart bounded and described as follovrs, to ?Vit: BEOI vTNING at a poinn a, the southwest comer of May`rcd Lane and South 30th Street, thence South 07 degrees Eat along the western line of South 30th Street 100 feet tc a point; thence Souchi 33 degrees lt/est along the no-t7jer'3 1'n.e of Let -No. 12 r on the hereinafter, mentioned Plan, 110 feet is po:n: thence Nora 07 degrees tlJest along the eastern line, of ; LoL NG- 5 ")n said Pi?L._, i00 feet to a point on the souther.-vrline of Mayfred F Lane; thence by the latter line: North 83 degrees East, 110 feet to the place of beginning. BETH G Lot No. on the Flan of Section L?, Parkway- Terrace, said Plan being recorded in Cumberland Count,; Plan Book 10, Page 23. _ BEING known as 3001 MT.AYPRED LANE, CAMP HILL, PA 17011. BEING THE SATN1E PREMISES which Paul Dora;an, e single man, by Deed dated. October 31, 1996 and recorded Nevernb-r 7, 1996 in the Gf- lice of the Recorder of Deeds in a-id for Cumberl id Count;, in Deed Book ±4S, Page X19 rar red and conveyed unto John D. Long and AnnaK. Long, husband and wife. PANC ?: No. 01-22-0533-203. k _,,The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE ?lah? of Dews the Nov,- you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The S unday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the Cifi1, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September' 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement: as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board' of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/16/10 41 .'' . • • • • . • . • . . • . • . . . . . . • . ?f to n subscribed before e t ? 1 ay of May, 2010 A.D. ",Z ?1, Pu13116- COMMONWEALTH OF PIwNYL JVp Notarial Sheft L, #CWW, Notary Publkt Lower Paxton Twp., Dauphin Coui My CommWOm Expires Nov 26, 2Member, PennsvNsnta Assoctat(on oP I rles 04 /23/10 04/30/10 Wilt t4o.2008-7091 Civil Term V 'MC Mortgage Corporation Vs. John D Long Anna K Long Atty: Gregory Javardian M1 TRAT CERTAIN piece or parcel of land. situate in the Borough of Camp Hill, Counts of l'am(xriandand Connnonwealth of pennsylvaitia. more particularly hounded and described a5 ?iollow°s, town: BEG I ING at a poirr at the southwest corner of Mayfred Lane and South 30th Street, thence South 07 degrees East along the westarn line of mth 30th Street 100 feet to it point; thence South degrees west along the northerlg line of Lor o.12 on the hereinafter mentioned Plan, 110 feet a point; thence North 07degrees West along the stem line of Lot No. 6 on said Plan, 100 feet to point on the southerly line of Mayfred Lane. rice by the latter line., North S3 degrees East, tt fee. t" tIx place of begtnfling. ElN(; Lo[ ^10. i on the Plan of Section A. Purkwav Terrace, said Plan being recorded in hurnkAt'nnl C u t!v Plan 134410, Page 2-1, BEING known as '_'(W MAYFRED LANE, C:AMP HILL, PA 17011 B1ING THE SAME PREMISES which Paul ?Tan. a single man, by Deed dated October 31, +6 and recorded November 7,1996 in the Office !te Recorder of Deeds in and for Cumberland ?nty in Deed Book 148_ Pa c 879, granted and cony red unto John D. Long and Anna Y,Lona nusbandand wife, PARCEL No. 01-2205;3-203 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND f SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Bear Stearns Asset Backed Securities Trust 2007-2, Tr is the grantee the same having been sold to said grantee on the 6th day of October A.D., 2010, under and by virtue of a writ Execution issued on the 3rd day of March, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 08 Number 7091, at the suit of Bear Stearns Asset Backed Securities Trust 2007-2, Tr/AIF against John D aka John David & Anna K aka Anna Kathryn Long is duly recorded as Instrument Number 201032596. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 7 _day of A.D.,i J O RwwbratD;eft e of Deeds , co,, cer,?e, PA My Crowlssion Expires the Frst Monday of Jan. 2014