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Home My WebLink About04-1938HARVEY, PENNINGTON, CABOT, GRIFFITH & RENNEISEN, LTD. Stephen McNally Pa. ID No. 59576 1835 Market Street, 29th Floor Philadelphia, PA 19103 Telephone: (215) 563-4470 Telecopiec (215) 568-1044 Attorneys for Plaintiff MORTGAGE ELECTRONIC COURT OF COMMON PLEAS REGISTRATION SYSTEMS INC. CUMBERLAND COUNTY c/o SN Servicing Corp. 51 Veronica Ave. Somerset, NJ 08873 CIVIL ACTION- EQUITY MORTGAGE FORECLOSURE Plaintiff MARGARET M. SPATZ-BAIRD 126 N. 26th Street DOCKET No. OLI ^ lq,;e 0_; UDC- ? &kn Camp Hill, PA 17011 Defendants NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION Legal Referral Service Court Administrator Cumberland County Courthouse 4th Floor Carlisle, PA 17013 Telephone: (570) 240-6200 AVISO Le ban demandado a usted en la corte. Si usted quiere defedarse de estas demandas expuestas en las paginas sigulentes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparesencia ascrita o en persona o con un abogado y entregar a la corte en forma asorica sus defenses o sue objeciones a las demandas en contra de su persona. Sea avisado qua si usted no se defiende, la corte tomara medidas y pueda continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte pueda decidir a favor del demandante y requiere que usted cumpia con todas las provisioner de esta demanda. Usted puede perder dinaro o sus propiedades u ostros derechos importantes para usted. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral Service Court Administrator Cumberland County Courthouse 4th Floor Carlisle, PA 17013 - Telephone: (570) 240-6200 HARVEY, PENNINGTON, CABOT, GyenM EN, LTD. Dated: April 30, 2004 BSt l 7squire Attorneys for Plaintiff, Mortgage Electronic Registration Systems Inc. HARVEY, PENNINGTON, CABOT, GRIFFITH & RENNEISEN, LTD. Stephen McNally Pa. ID No. 59576 1835 Market Street, 29th Floor Philadelphia, PA 19103 Telephone: (215) 563-4470 Telecopier: (215) 568-1044 Attorneys for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. c/o SN Servicing Corp. 51 Veronica Ave. Somerset, NJ 08873 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION- EQUITY MORTGAGE FORECLOSURE Plaintiff MARGARET M. SPATZ-BAIRD 126 N. 26th Street Camp Hill, PA 17011 DOCKET No. (fit( - IQ V lam( Ut 1._N ] Defendants COMPLAINT IN MORTGAGE FORECLOSURE NOW COMES the plaintiff in the above-captioned matter, Mortgage Electronic Registration Systems Inc. ("Plaintiff'), by and through its attorneys, Harvey, Pennington, Cabot, Griffith & Renneisen, Ltd., and files the following Complaint in Mortgage Foreclosure: 1. Plaintiff is Mortgage Electronic Registration Systems Inc., with an address for purposes of service at c/o SN Servicing Corp., 51 Veronica Ave., Somerset, NJ 08873. Plaintiff has duly registered to conduct business within the Commonwealth of Pennsylvania. 2. Defendants, Margaret M. Spatz-Baird, (hereinafter collectively known as the "Defendant") is an adult individual with her principal residence located at 126 N. 26th Street, Camp Hill, PA 17011. 3. On September 7, 2001, Defendants borrowed the original principal amount of $75,000.00 (the "Loan") from eHomeCredit Corp., which had a business address located at 211 Station Road, Mineola, NY("Lender") and executed and delivered a Promissory Note (the "Note") of even date. A true and correct copy of the Note or Lost Note Affidavit is attached hereto, made a part hereof and marked Exhibit "A". 4. In order to secure the obligations arising under the Loan, Defendants executed and delivered to the Lender a Mortgage (the "Mortgage") against the residential real property located at 126 North 26th Street, Camp Hill, PA 17011 (the "Property") as more particularly described in the Mortgage. The Mortgage was duly recorded in the Office of the Recorder of Deeds of Cumberland County on September 21, 2001, in Mortgage Book No. 1733at Page 3736 et seq. A true and correct copy of the Mortgage is attached hereto as Exhibit "B". 5. Plaintiff, Mortgage Electronic Registration Systems Inc., is the successor-in-interest by merger, acquisition or assignment to HomeCredit Corp. Said assignment is in the process of being recorded. 6. Defendant(s) defaulted under the terms and conditions of the Mortgage in that they ceased making the regular monthly payments due under the Mortgage, and that the first such missed payment now due is that which came due on February 12, 2002. As a consequence, the Mortgage is in default for nonpayment. 7. The notice provisions of Act 6 of 1974, 41 P.S. Section 403 et seq. (Purdon's 2000) ("Act "6") are not applicable in this case, since the Mortgage was given to secure an obligation in the original principal amount in excess of $50,000.00. Nonetheless, on or about January 23, 2003, Plaintiff sent Defendants a "Notice of Intention to Foreclose Mortgage" which notified the Defendants of the existing default, and satisfied any otherwise applicable requirements of Act 6, and is part of the combined "Act 6 /Act 91 Notice" described in the next paragraph. 8. On or about January 23, 2003, Plaintiff sent Defendant(s) a demand for payment and notice of the Debtor's rights under the Housing Finance Agency Law - Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. Section 1680.401(c) et seg. (Purdon's 2000) ("Act 91" and the "Act 91 Notice", respectively). As indicated above, it was part of a combined "Act 6/Act 91 Notice". A true and correct copy of the combined Act 6 /Act 91 Notice is attached hereto as Exhibit "C" and is incorporated herein by reference. 9. Since receiving the Act 6/Act 91 Notice, however, Defendant(s) have exercised their right to meet with a representative of a Consumer Credit Counseling Agency as contemplated by Act 91, or to arrange for a face to face meeting with the lender. We were advised by the Community Action Commission that even though the mortgagor applied for assistance a face to face meeting never took place and an application for assistance wasn't filed. 10. Since Defendants' receipt of the Combined Act 6/Act 91 Notice, the Defendants have not honored Plaintiff's demand for payment under the Mortgage. As a result, as of April 30, 2004 the following amounts were fully due and owing under the Note and Mortgage: Principal balance: $74,872.57 Accrued Interest to 4/30/04 $17,602.82 Attorneys' Fees: $ 3,593.60 Assistance Disbursement: $ 379.95 Late charges: $ 100.80 Forced place insurance: $ 68.14 Court Costs: $ 155.50 Title Report Expense $ 350.00 TOTAL REAL DEBT $97,123.38 Plus additional interest accruing after April 30, 2004 at the rate of 10.25% per annum, or $21.03 per diem, together with any other charges or costs collectible under the Mortgage, including reasonable attorney's fees and costs. WHEREFORE, Plaintiff respectfully requests the entry of a judgment in mortgage foreclosure, in its favor, for the amount due, $97,123.38, as of April 30, 2004 plus additional interest accruing after at the rate of 10.25% per annum, or $21.03 per diem, and any other charges or costs collectible under the Mortgage, including reasonable attorney's fees and costs, and for judicial sale of the mortgaged Property, and the proceeds distributed according to applicable law, and for such other and further relief as is just and proper. Respectfully submitted, HARVEY, PENNINGTON, CABOT, GRIFFITH 8k RWgAISENxrD. Date: April 30, 2004 By: 1??? Stephen M Attorneys for Plaintiff VERIFICATION I, VI C4- 0,f PP41A ? I am the M &Y, lJ? of 5N Pn/ 1/ 1 G6 Y\ , and, as such, am authorized to make this verification on its behalf I verify that the averments contained in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 rela7tiing to un orn Isification to authorities. Name: V ? r J ? y ?a Ot/ Dated: Title: JJ EXHIBIT A 12/08703 MON 12:04 FAX 908 562 8637 SECURITY NATIONAL NJ Q018 mus t q7 NOTE 17aic, September 7, 2001 CUMBERLAND, PENNSYLVANIA IZG North 26th Street. Camp Hill. PA 17011 IPrufwrly Addressl I. BORROWER'S PROMISE TO PAY In return fora loan that l ]rave received, 1 promise to pay U.S. $75000.00 (this nnuxmt is called "principal"). phis Interest, to the order of lho Lender. The Lender is eHomeGrndil Corp. 211 Station Road Mineola NY . ( will make all payments under this Note in the form of cash. check or money order. 1 understand that Ilse Lender may transfer this Note. The Lender or anyone who lakes this Note by transfer amt who is entitled to receive payments under this Note is called ftx: "Note Holder." 2. INTERFST Iutcr'esl will be charged nn die unpaid principal until the full amount of principal has been paid. I will pay Interest at a yearly rat(: of 10.250'5. 'lire in(P.m t rate required by this section 2 is the rate I will pay 6001 before and after any default described In Section 6(6) of this Note. 3. PAYMENTS (A)'rione an(i Place of Payments I will pay principal and interest by making payments every month. I will make, my morality payments on die IZth clay of each month beginning our October Q, Z001. I will make Ihese paymanlS every month mail I have paid all of the principal and interest and any other charges described below that 1 cony owe under Iles Note. 6.xh monthly payment will be applied as of its scheduled due date and will be applied to interest before principal. If, on September 12. 2031. 1 still awe amounts under this Note. I will pay those amounts in full on that date. which is called the "nialariiy dale," 1 will make my monthly payments at el,lunInGferlil Corp.. 211 Station Road. Mineola, NY . or at a different place if required by the Note Holder. (B) Amount of My Monthly Payments My monthly payment will be fit the amount of U.S. $672.08. d BORROWER'S RIGHT TO PREPAY I have the right to utakc payments of principal at any time before they are, due. A payment of principal o¢hy is known as a 'prepayment." When I make a prepayment, I will tell the Note Holder in writing oral i am doing so- I may lot deslgoate a Iraymam as ,f prepayment if I have riot made all the monthly payments due under the Note. I cony stake a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will nse till of my prepayments to reduce the amount of principal that I owe under this Nate. If I make a partial prepayment, diere will W. no cltaugus iu din clue data or amatnl Of try rimnthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES (I 'a law. whidt applies to this lain and which sets roaximnur loin charges, is tinnily interpreted so that the interest or other [ciao charges collected or to be collccml in connection with this loan exceed the permitted limits, then: (i) Any such loan cliarge shall be reduced by pie amntnt necessary to reduce the charges to the permitted limit: and (ii) any sums already collected from file which exceeded punnitted Ihnfts will be refunded to roe. 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 tile. [I -a refund reduces principal, the reduction will be treated as a partial prepoyrniill MULTIS'f'ATE FIXED RATE NOTE • Single Ftinily - Fannie MwiFrcddic Mac UNIFORM INSTRUMEN9DRM 32010 3/99 (page I rr3 pages) 12/08/03 MON 12:05 FAX 908 562 8637 SECURITY NATIONAL NJ Z019 49 6. BORROWER'S FAILURE TO PAY Al 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% of my wbeduled payment of principal and interest. 1 will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amotmt 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 dale, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That dale must be at least 30 days after the dale on which the notice is mailed to me or delivered by other means (D) No Waiver By Note Holder. Even if. at a time when i am in default, the Note Holder does not require me to pay immediately In full as described above, the Note Molder will still have the right to do so If 1 am in default at a later time. (E) Payment of Nate Ilolder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above„ the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent riot prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. 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 malting it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Nate Holder under this Note will be given by delivering it or mailing it by first class mall 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. 6. OBLIGATION OF PERSONS UNDER THJS 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, surely, or endorser of this Note Is also obligated in 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 relay be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights or 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 clue have not been paid. 10, UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Morlgagc. Deed of Trust or Security Deed (tile "Security Instrument"). dated the same dale as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make hh this Note. That Security Instrument describes how and under what conditions 1 may be required to make Immediate payment in full of all amounts 1 owe under this Note. Some of these conditions are described as follows: If all or any part of the Property or any interest lei it 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 ail sinus secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law. MULTISTATE FIXED RATE NOTE: Single Family, Fannie Mae/Freddie Mac UNIFORM INSTRUMENBURM 3Z003199 (page 2 of J pagtrr) 12/08403 MON 12:05 FAX 908 562 8637 SECURITY NATIONAL NJ a 0 Ir Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period or 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 Securl(y Instrument. If Borrower fails to pay these suns prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand an Borrower. WITNESS THE I [AND(S) AND SEAL(S) OF THE UNDERSIGNED. Margaret Spatz-Halyd 1 Dorrowor .................................................... ............ (Sea)) Borrower loan id tag PFNNSYLVANINself/IS17 FFZA100370VeHomeCrcdit Corp. Z 020 MULTISTATE FlUD RATE. NOTG - Single Family - Fannie Mae/Freddie Mae UNIFORM INSTRUMENTORM 3200 71J9 (page 3 of 3 pages) EXHIBIT B 12/1.14/1.13 MUN 11:59 I'AX 9U8 562 86:77 Su"., ,. i\d1Y NA'PIUNAL NI ifj UUJ 3/669.4 -Q. v After Record etUn to cHOmeCred ^rp, 211 sou Mmeol ew Ycrk 11501 Mr a .Yagln6 dept. pkyctI+lDt-al-ba71 yeF DEFINITIONS '-, PLEASE RECORD AND RETURN TO Brat American Title Ineurence Company r •. ? Li.:,; , 472 Caiilor; i; Road "" Quakertown, PA 19D01 COi4Jl'Y- P,1 Ol "+' 21 Flf9 10 23 32.n(PQ [Space Above This Lim For MORTGAGE i mw 7aaa Words used in multiple sections of this document are defined helow and other words are defined in Sections 3. 11. 16, 20 and 21, Certain rules regarding the usage of words used In this ducument Am. also provided in Section 16. (A)"Security Instrument" means this document, which is dated September 7, 2001, together with all Riders to this document. (B)"Harrower" Is Margaret M. Spatz-Baird. Borrower IS the mortgagor under this Security Instrument. (C) "Lender" Is eHomeCredit Corp. organized and existing under the laws of the State of New York. Lender's addrrys is 211 Station Road, Mincola, NY . Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated September 7, 2001. The Note states that Borrower owed Lender seventy - rive. thousand and 00/I00 dollars (jLS. S 75000.00) plus interest, Borrower has promised m pay this debt in reguhir periodic Payments and to pgy the debt in full not later than September 12, 2031. (1) "properly" means the property that is described below under the heading 'Transfer of Rights in the Propmy." (0 "Loan" 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. (G) "Riders" means all riders to this Security Instrument that are executed by Borrower. The Following riders are to be executed by Borrower Icheirk box as applicable]: AQ7oamhle Rate Rider Gondomlofom Rider Srcond Home Rider • Balloon Rider Planned Unit Development Rider Other(s) Ispedfyi • Le Family RMer Sf.,,AJy Payment Rider reNN5YLeANIA - Shi;k wally -- Fwae MedFnaale Mac UNIFORM INSTRUMENT I. use 11% (W8r r of ni 6X 1733PS3736 12/08'/03 MON 11:59 FAX 908 562 8637 SECURITY NATIONAL NJ (H) "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, nee-appealablejudie:al opinions. (f) "ComMunlry Association Dues. Fees and Assesiuneou" means all dues, fees. assessments and other charges that are imposed on Borrower or tho Property Ity a condominium association. homeowners association or similar organization, (p "Electronic Funds Tnnsfer^ means any transfer of funds. odor than a transaction originated by check, draft. or similar paper Instrument, which is initiated through to electronic terminal, telephonic instrument, computer, or magnedc 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-or-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers. and autonlawd clearinghouse transfers. (K) "Escrow Items" mean those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages. or proceeds paid by any third party (other than Insurance proceeds paid under dre coverages desnyhed in Section 5) for (i) damage to, or destruction of, the Property, (11) condemnation or other taking of all or any part of the Property, (iii) conveyance in lieu of condemnation or (iv) misrepresentatiwes of, or omissions as to. the value and/or condition of the Property. M "Mortgage Insurance" nn are insurance protecting [,ender against the, nonpayment of, or default on, the Loan, (N) "Periodic Payment" means the regularly scheduled amount due for (1) principal and interest under the Note, plus (2) any amounts under Section 3 of this Security Instrument. (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C, §2601 ec seq) and 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 It the Loan does not qualify as a 'federally related mortgage load' under RESPA. (P) "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 PROPERTY This Security Instrument Secures to Lender! (a) die repayment of the Loan, and all renewals, extensions and modifications of the Note: and (b) the performance of Borrower's covenants and agmemenis under this Security Instrument and the Note. For this purpose. Borrower does hereby FWMSnVWAM.Smgln Ppmny-Frevae M?Frzdda hi: oiffURM IMTRUMaM' F" 3ln9 V% ipp 2a rS Mewl 16 004 OKI733^G3737 12/08-/03 MON 12:00 FAX 908 562 8637 SECURITY NATIONAL NJ a 005 mortgage, gr'aia and convey w Lender the following described property located in the County of Cumberland L&I If this box Is checked see Schedule A annexed herein and made a part hereof, which currently has the address of 126 North 26th Street. Camp Hill, PA 17011 ("Property Address"): TOGETHER WITH together with all the improvements now or hereafter erected on the property, and all easements, appurtenances, and futures now or hereafter a part of the property. All replacements and additom.Shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument es the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to 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 not uniform covenants with limited variations by Jurisdiction to constitute a unifornh security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: I. Payment of Pdndpal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when slue the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charge-% due under the Note. Borrower shall also pay funds for Escrow Items pursuam to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or otter hatrument 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 under tie Note aid this Security Instrument be made In one or more of the following forms, as selected by Lender: (a) cash, (b) muney order, (c) certified check, bank check. treasurer's check or cashier's check, provided any such check is drawn upon an insGtution whose deposits are Insured by a federal agency, Insuumentahty, 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(s) or partial payment(s) if the payment(s) or partial payments are, insufficient to bring the Loan current. Lender may accept any payment(s) or partial payment(s) insufficient to bring the Loan Gurmnl, without waiver of any rights hrreunder or prejudice to its tights m refuse such payment(s) 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 urwpplied funds. Lender may hold such unapplied funds until Borrower makes payment(s) 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 funds will he applied to the outstanding principal balance under the Note ?V4N5VtVAN1A $Inela rnlnnY'-Fade M. Itddk Mac UNrPOPM INSTRUMRNT Ywm deb 3911 (Para 3 a 15 X W 8KI733PG3738 12/08/03 MON 12:00 FAX 908 562 8637 SECLRI':: aAPIONAL NJ 16006 Immediately prior to foreclosure. No uffset or claim which Borrower might have nuw 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 Insnvmeta. 2. Applic itlom of Paymants or Proceeds. Except as otherwise described In this Section 2, all payments accepted and applied by Lender shall be applied m the following order of priority; (1) interest clue under the Note; (2) principal due under the Note: (3) amounts due 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 first 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 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 outstatldtng. Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and in 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 mere 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 Miscellanenus Pmryeds 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 Item. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (thc "Funds') to provide for payment of amounts due for: (a) taxes and assessments and other Items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and al( Insurance required by Gander under Section 5: 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 (tens." At orlghtation or at any time during the teen of the Loan, Lender may require that Community Association Dues. Fees and Assasanenls, If any, he escrowed by Borrower, anti such dues. fees and assessments snail be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Sncdon. Borrower shall pay Lender the Funds for Escrow Items unless Lender walves 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 any time. Any such waiver may only be in writing. In the event of such waiver, Burrower 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 Lendar requires, 5ha11 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. PUNNSYLVANIA.Singk Famny ./emle Mld/ dle Mw UNIF00.M 1NSTRUMEM' Farm All L9a(pe, 401-15p>8u BK 1 733PG3739 12/08/09 MON 12:00 FAX 908 502 8897 SECURITY NATIONAL NJ If Borrower Is obligated to pay I_scrow Items directly, pursuant in a waiver, and Borrower falls to pay the mnount due for an Escrow Item. Lender may, exercise Its rights under Section 9 and pay such amount and Borrower shall then be ubligawd under Section 9 ;o repay to Lender any such amount, Lender may revoke the waiver as to any or all Escrow Items at any lime 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 am then required under this Section 3. Lender may. at any time, collect and hold Funds in an amount (1) sufficient to permit Lender to apply the Funds at the time specified under RESPA and (2) 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 future 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 Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds. 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 AppACahie Law requires Interest to he paid on the Funds. Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds, Lender shall give to Borrower, without charge, are annual accounting of the Funds as regLdred 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 escrow, as defined under RESPA. Lender shall notify Burrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA. but hi no more than twelve monthly payments. If there is a deficiency of Funds held In escrow, as defined under RESPA, Lender shall notify Borrower as required by RF,SPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA. but to no more than twelve 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, charges, Ones, and Impositions attributable to the Properly which can attain priority uver this Security Instrument. leasehold payments or ground rtmts on the Property, if any, and Community Asstxriation Dues. Fees, and Assessmcnis, if any. To the extent that these items are 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 manner 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 lies in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are conckleted; or (c) secures from the holder of the lien are agreement PYfINsV VA U-sl'&Fi,may--V? MWF? MK VNMOVM Ws`er %tnW F. Met a'N reagr 5015Mv Z007 9K 173 3P6 3 74 0 12/08/03 MON 12:01 FAX 908 562 8637 SECURITY NATIONAL NJ Z 008 satisfactory to Lender subordinating the ten to this Security Instrument. If Lender determines that any pan of the Property Is subject to a lien which can attain priority over this Security Instnunent. 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 more or the actions set forth above in this Section, 4. Lender may require Borrower to pay a one-time charge far a real estate tax verification and/or reporring service used by Lender in connection with this Loan. 5. 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 net limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in Ilia amounts (including deductible levels) and for the periods that Lender requires, What Lender requires pursuant in the preceding sentences can change during the term of the Loan. 'rho 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: (1) a one-time charge for flood zone detcrtnination, certification and tracking services or (Z) a one-time charge for flood zone determination and certification services and subsequent charges each time rernappings or similar changes occur which reasonably might affect such detemmmalion or certification. Borrower shall also be responsible for the payment of any Pecs imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination rMIU118 from un 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 15 under no obligation to purchase any particular type or amount of coverage. Therefore. such coverage shall cover Gender. 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 rovarage so obtained might significantly "coed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security insULnen1. The amounts shall bear interest at the Nate rate from the time 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 rlause, and shall name Lender as mortgagee and/or as an additional lass 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 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 andorlying insurance was required by Lender, 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. FFNN4LVMU-Sing1e famlir..F"W*MaNPrwlalr Afea UNIFoW tNVTItUMrM Foe rWe YSa fpw eon/spies BK 1 733PG374 I 12/08'/03 MON 12:01 FAX 908 562 8637 SECURITY- NATIONAL NJ 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 tray 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 earniogs on inch proceeds. Fees for public adjusters. or other third parties, 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 Shari be applied in the order provided for In Sectiun 2. If Borrower abandons the Properly. Lender may tile, negotiate and settle any available instance claim and related matters. If Borrower does riot respond within 30 days to a notice from Lender ilia( the insurance carrier has offered to settle a claim, then Lender niay negotlate and settle the claim The 30-day period will begin when the notice is given. In either event, or if lender acquires the Property under Section 22 or otherwise. Borrower h imaby assigns to Lender (1) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument. and (2) any tither 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 die insurance proceeds either to repair or restore ilia Property or to pay amounts unpaid under the Note or this Security instrument. whether or not then due. 6. lccupancy. Borrower shall occupy. r_SVablish, and use the Property as Bormwer'.s principal residence within sixty days at, er the exeaulon of this Security instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Mairitenance and Protectloo or the Property; Inspections. Borrower shall not destroy, damage or Impair die 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 prevent the Property from deteriorating or decreasing in value duc to its condition- Unless it Is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property 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 resmring 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 relleved 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. L° it has reasonable cause. Lender may Inspect the interior or 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. FeNNMY VANIA 31ngla ramny-F? M vi r aalr Mii UNIFORM 015710,MM I F-i 1010 Won (M, r of 1l'8. 1009 BK1733PG3742 12/08/03 MON 12:01 FAX 908 562 8637 SECURITY NATIONAL NJ X1010 S. Borrower's Loan Application. Borrower shall be in default if, during the Loan applimaim 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 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 (1) Borrower falls to perform the covenants and agreements contained in this Security Instrument. (2) there is a legal procenlllng that ndght slgniflcauily affect Lender's Interest in der Property and/or rights under this Security Im.+lrumenl (.such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a Den which may attain priority over this Security Instrument or to enforce laws of regulations), or (3) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Uiuler'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 are not limited to, (1) paying any stuns secured by a lien which has priority over this Security instrument, (2) appearing to court, and (3) paying reasonable attorneys' 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 locks, replace or board up doors and windows, drain wafer from pipes, eliminate building or other code violations or dangerous conditions, and have utilities fumed on or off. Although Lender may lake action under this Section 9. Lender does not have to do so and is not under any duty or obligation to do sn. 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 beenmr, additional debt of Borrower secured 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 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 leasehold and the Fee title shall nut rntage unless Lender agrees to the merger in writing. l0. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan. Reirrower shall pay the premiums required to maintain the Mortgage Imurancc 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 alake separately designated payments toward the premiums for Mortgage Insurance. Borrower shall pay the premiums required to obtain coverage substawally equivalent to the Mortgage Insurance previously in effect, at a cost suhslantial ly equtyaleot to the cost to Borrower of the Mortgage instance 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. [.ender will accept, use and retain these payments as a non-refundable loss reserve in Ileu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the tact that the Loan L ultimately paid in full. and Lender shall not be required to pay Borrower any interest or earnings on PPNNSYLV.aNln-.Single timlly-VwWt Ma?rred& Mu UNIFORM WSTRUAWNT Pone stall 3M 4xlFJlflJwp, OK I733PG3743 12/08/03 MON 12:02 FAY 908 582 8837 SECLRIiA NA 1ONAL NJ C, oil 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 irour'er selected by Lender again becomes available, is obtained. and Lender requires separately designated payments toward the premium for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of snaking the Loan and Borrower was required to make separately designates payments toward the premiums for Mortgage Insurance. Burrower shall pay the premiums required to maintain Mortgage Insurance in effect. or to provide a non-refundable loss reserve, until the Lender's requireinuut 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 Secdon 10 affects Borrower's obligation to pay interest at the rule provided in the Note. 11. Assignment of Mi.ccellauleous Proceeds: Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid in Lender. If Elie Property is damaged, such Miscellaneous Proceeds shall be applied to resioratton w' repair of the Property, if the restoration or repair is economically feasible and Lender's security is not. Iessened. 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 bas 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 requies interest to be paid on such Miscellaneous Proceeds. Lender shall not be required to pay Borrower any Interest or earnings on such Misccliantxws Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessermd, die Miscellaneous Proceeds shall be applied to the sums secured by this Security hatrumenl, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shalt 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 MisceRaincom Proceeds shall be applied to the sums secured by this Security Instrumam, 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 lit value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Sewrily Instrument 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 lass 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 Imstrument whcdier or not die sums are then due. If the Property is abandoned by 13orrowcr. 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. reNNSTLVAN1A-slnelt FUNly-FMar NI?rrMeadle Mac eNleoRm tNSrill?NmNT Term 70709/09&'' 0a13 tp BK1733PG3744 12/08/03 MON 12:02 FAY 908 562 8637 SEA--c..-.a NATIONAL NJ Borrower falls 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 sum, 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 derault if any action or proceeding, wbedier civil or criminal, is begun that, in Lender's judgment. could result in forfeiture of the Property or other material Impairment or Lender's interest is the Property or rights under this Security Instrument. Borrower can cum 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. TM: proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest In the Frolic-ay are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that arc 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 Laldrs Not a Waiver. Extension of the time for payment or modification of amor6ratinn of the surns secured by this Security instrument granted by Lender to Borrower or any Successor In Interest or Borrower shall 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 or the sums secured by this Security Instr un ant 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 including, without limitation, Lender's acceptance of payments from third persons, entities nr Successors In Interest of Borrower or in amounts less than the amount then due, shall not be a walver of or preclude the exercise of any right 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•sigNng this Security Instrument only to mortgage, grant and convey the co-stgner's Interest In the Property under the corms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender 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. Subject to the previsions of Seaton 18, any Successor in Interest of Borrower who assumes Borrower's obIlgatlnns under this Security instrument in writing, and is approved by Lender, shall obtain 411 of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligalinru and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security huarument shall binel (except as provided in Section 20) and 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 the purpose of protecting Lender's interest in the Property and rights under this Security Inst umem. Including, but nut limited to. attorneys fees, property Inspection and TfNNMVAN3A-51n0. -1ty-Fyult MrNrr 1, Mw IMIFORM LVSIHUML'Nr F.- 30" was 04w lO aM Mill 10012 BH 1733PG3745 12/08/03 MON 12:03 FAX 908 562 8637 SECURITY NATIONAL NJ Z013 valuation Fees. In regard to any other fees, the absence of express authority In this Security Instrument to charge a specific fee to Borrower shall not be construed es a prohibition on the charging of such fee. Lender may not charge fees dint are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets u[aximum loan charges, and that law is flnally 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 anwunt necessary to reduce the charge to the permitted limit: and (b) any sums already collected from Borrower which exceeded per ntttcd Wrilts 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 in Borrower. If a refund 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 Note). Borrower's acceptance of any such refund made by direct payment to Borrower will cum6lule 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 Irearumcrt 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 shalt promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Sorrnwer 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 Lender shall be given by delivering it or by trailing it by first class mall to Lender's address stated heroin unless Lender has designated another address by notice to Borrower. Arty notice in connection with this Security Instrument shell not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is alau requlred under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Scverabillty: Rides of Construction. This Security Itsstrument shall be governed by federal law and the law of the jurisdiction in which the Pruperty is located. All rights and obligations Contained in this Security Instrument 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 as 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 Insinument (1) words of the masculine gender shall mean cad include corresponding neuter words or words of the Feminine gender, (2) words in the singular shall mean and include the plural and vice versa, and (3) the word "may" gives sole discretion without any obligatiun to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrumem. ?xNA'SVLVANIA-.St,q Nu 11,-.F. flw MWF dd M,Ir VNIVOWAW RO1,1ENT Fur- "Nam*SP J I N Is p vP Bi11733PS3746 12/08%03 HON 12:03 FAY 908 562 8637 SECURITY NATIONAL NJ 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in Uris 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 salas 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 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 federal law. If Lender cxerc-ises this option, Lender shall give Borrower notice of acceleration, The notice shall provide a period of nor less than X days from the date the notice is given in accordance with Section 15 within which Borrower must pay all soma secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, finder may invoke any remedies permitted by Ihis 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 Instrument discontlmued at any hme prior to the earliest of. (t) live days before sale of the Property pursuant to any power of sale contained in this Security Instrument, (it) such other period as Applicable Lew might specify for the termination of Borrower's right to reinstate; or (iii) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all suns 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 agreements; (c) pays all expenses Incurred in enforcing this Security Instrument, Including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and nth" fees incurred for the purpose of protecting Lender's Interest in the Property and rights under this Security Insinimenl; and (d) takes such action as Lender may reasonably require to assure that Lcnder's uaerLgI 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 stuns and expenses in one or more of the following forms, as selected by I..ender: (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, Instfumentaiity or entity or A Electronic Funds Transfer. Upon reinstatement by Borrower. this Security Instrment and obligations secured bacby shall remain fully effective as if no acceleraion 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 Nnte 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 t1w "Loan Survicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. 'Chem also might be one or more changes of the I-on Servicer unrelated to a sate of the Note. if there is a change of fire Loan Servicer, Borrower will be given written rwtice of lice 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 requires in connection with a nodce of transfer of servicing, If the Note Is sold and eeNNSYLVANU- S"gFamey-esnMS M.urtwrdlp Mae UNIFORM 1,4MUMWr Yerm M39 Yae/ple, is ErlS plg, Z014 9H 1733PG3147 12/08/03 RON 12:03 FAX 908 562 8637 SECURITY NATIONAL NJ Z015 thereafner the Loan Is serviced by a Loan Services other than the purchaser of the Notc, die mortgage loan servicing obligations to Borrower will remain with the Loan Services or be transferred to a successor Lou Servicer(s) and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, Jain, or bejomed to any judlclal action (ax 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 ethos 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 Apphcable 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 21). 21, Hazardous Substances. As used in this Section 21: (1) "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 or toxic petroleum products. toxic pesticides and herbicides, volatile solvents. materials containing asbestos or formaldehyde, and radioactive materials: (2) "Environmental Law" means federal laws and laws of thejtuisdiction where the Property is located that relate to health, safety or environmental protection: (3) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law and (4) 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 ally Hazardous Substances, or threaten to release any Hazardous Substances. on or in the Property. Borrower shall not do, nor allow anyone eke to do, anything affecting the Property (1) that is in violation of any Enviromnenral Law. (2) which creates an Environmental Condition or (3) 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 scntencss 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 mWentlul uxes and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (1) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Pruperty and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (2) any Environmental Condition. including but nut limited to, any spilling. leaking. discharge, release or threat of release of any Hazardous Substance. and (3) 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 governmenal or regulatory authority, or any private party. that any removal or other romediadon of any Harardrms Substance affecting the Prof", is necessary, Borrower shall promptly take all necessary remedial actions in accordance w Itb Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. FFNNSVLVANIAStnSle randy--Fmnle M•.?Na+M . Urarr4ta11 WSTIOLWAW Darn 1070 &V0 ("r r7,%11'" OX 1733PG374$ 12/08/03 MON 12:04 FAX 908 562 8637 SECURITY NATIONAL NJ 2016 NON UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's preach of any covenant or agreement in this Security Instrument (but not prior to acceention under Section 18 unless Applicable Law provides otherwise)- Lender shall notify Borrower or, among other things: (a) the default; (b) the action required to rare the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may mull in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sak of the Property. Lender shall further inform Borrower of the right in reinstate after acceleration and the right to assert in the foreclosure proceeding the non- etdsteoee of a default or arty other defense of Borrower to accelerator and foreclosure. If the default Fs not cured as specified, Lender at its option may require immediate payment in full of all snits secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall he entitled to collect a8 expenses incurred in pursuing the remedies provided tit this Section 22, including, but not llmlted to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon yayment 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. Lender may charge Borrower a fee for releasing this Security instrument. but only if the fee is paid to a third patty for services rendered and the charging of the fee is permitted under Applicable Law. 26. 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 future laws providing for stay of exceumon. extension of time, exemption from attachment, levy and sale, and homestead exemption 25. Reinstatement Period. Borrower's time to reinstate 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 Instrument shall be a purchase money mortgage. 21. Interest Rate After judgment. Borrower agrees that the interest rate payable afler 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. PENNSYLVANIA-yrnglc tinny.-rsrwr Ma odd M VNfFnaM ei ,MMNr Farm 3839 Y" (11 11 of 15 pgts 6K 1 733PG3149 12/06/05 MON 12:04 FAX 908 562 8637 SECURITY NATIONAL NJ Z017 BY SIGNING BELOW. Borrower accepts and agrees m the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. _ Signed, sealed and delivered in the presence of: J M Mnraeret P Baird -S-. Social Sec I Number: 159-59-3069 Social Security Number : [Space Below Tlils Line for Acknowledgment) I hereby certify that the precise address of the Lender (Mortgagee) B' cHomcCmdlt Corp., 211 Stanton Road. Mmeota. NY. . Ou behalf of the Lender.L yy: mt?q T) 6e f f f-.l`) Title: ?'lntn r2,? 1 ' 1b 1 COMMONWL-ACrH OF FENNSYI.VANIA, CUMBERLAND COUNTY as: On this, September 7. 2001 before me, the undersigned officer, personally appcarcd Margaret M. Spatz-Baird known to me (or satisfactorily prover) to be the person(s) whose name(s) subscribed to the within instrument and acknowledged that they executed the same for the purposes heroin contained. IN WITNESS WHEREOF. I hereunto set my hand and official seal. My commission expires. . f5- QZ?- srn de of OFf. r a'r0ba' idr s xas ?br, ?tM? W Acre W eiv?ai Nygny Tnw Coa'uY: eaaae.wa FF2A3UUa'/Ot taa?Y-KruseMW'rMae We nMCOPN wsSrataar Vo maK Lw rye. 1' aIz y. µr BNf 733PG3750 EXHIBIT C HARVEY, PENNINGTON, CABOT, GRIFFITH & RENNEISEN, LTD. ATTORNEYS AT LAW ELEVEN PENN CENTER, 29TH FLOOR 1835 MARKET STREET PHILADELPHIA, PENNSYLVANIA 19103.2989 (215) 5634470 FAX: (215) 568-1044 Stephen McNally, Esquire Direct Dial: (836) 910-6008 E-mail: smcnally@hampenn. mm January 23, 2004 Via Certified Mail, Return Receipt Requested Receipt No.7002 2030 0006 7168 9520 and Regular Mail Margaret Spatz-Baird 126 N. 26th Street Camp Hill, Pennsylvania 17011 RE: Mortgage Electronic Registration Services, as Nominee for Alaska Seaboard Partners Limited Partnership v. Margaret Spatz-Baird Loan No. 163846 HPCGR Client Matter No. 67805-814 Validation Notice Pursuant to the Fair Debt Collection Practices Act COMBINED ACT 6/ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Dear Ms. Spatz-Baird: 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. 32544.1 The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This-Notice explains how the program works. To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Aaencies 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 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Margaret Sptaz-Baird PROPERTY ADDRESS: 126 N. 26th Street, Camp Hill, Pennsylvania 17011 LOAN ACCT. No: 163846 ORIGINAL LENDER: eHomeCredit Corp. CURRENT LENDER/SERVICER: Mortgage Electronic Registration Systems as Nominee for Alaska Seaboard Partners Limited Partnership HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE-AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: 32544.1 IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT 30 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names and addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise Your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (See the following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you 32544.1 have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision of your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PORTION 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: 126 N. 26th Street, Camp Hill, Pennsylvania 17011 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 24 Payments in the amount of $672.08 Forced Placed Insurance Assistance Disbursement Late Charges TOTAL: $16,129.92 (2/12/02 to 1/23/04) $ 68.14 $ 379.95 $ 100.80 $ 16,678.81 *plus your monthly payment of $672.08 for February 12, 2004 should payment be made after that date. The payoff amount as of December 8, 2003 is as follows: Principal Balance $74,872.57 Interest* at 10.25% or $21.03 $14,574.50 Assistance Disbursement $ 379.95 Late Charges $ 100.80 Forced Placed Insurance $ 68.14 TOTAL: $89,995.96 *Interest continues to accrue after December 8, 2002 at 10.25% or $21.03 per diem B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): 32544.1 HOW TO CURE THE DEFAULT --You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $16,678.81, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashiers check, certified check or money order made payable and sent to: Made payable to: SN Servicing Send to: Chris Kuriawa, Foreclosure Department 51 Veronica Avenue Somerset, NJ 08873 You can cure any other default by taking the followinja action within THIRTY (30) DAYS of the date of this letter: N/A IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of the debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the 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 a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) 32544.1 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure 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: SN Servicing Corp. Address: 51 Veronica Avenue Somerset, NJ 08873 Phone Number: 800-941-4670 Ext. 2120 Fax Number: 732-565-6910 Contact Person: Chris Kuriawa, Foreclosure Department EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You _ may or X 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 attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. 32544.1 TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY: SEE ATTACHED LIST Very truly yours, HARVEY, PENNINGTON, CABOT, GRIF ITH & RENNEISEN, LTD. By: 1\ MC ALLY, ESQUIRE SM/rg cc: Chris Kuriawa, Foreclosure Department 32544.1 -ATLANTIC COUNTY Deputy Clerk of the Superior Court Civil Division, Direct Filing 1201 BacharachBlvd., First Floor Atlantic City, NJ 08401 LAWYER REFERRAL (609) 345-3444 LEGAL SERVICES (609) 348-4200 BERGEN COUNTY Deputy Clerk.of the Superior Court Case Processing Section, Room 119 Justice Center, 10 Main Street Hackensack, NJ 07601-0769 LAWYER REFERRAL (Ml) 488-0044 LEGAL SERVICES (201) 487-2166 BURLINGTON COUNTY Deputy Clerk of the Superior Court Central Processing Office Attn: Judicial Intake First Floor, Courts Facility 49 Rancocas Road ML Holly, NJ 08060 LAWYERREFERRAL (609) 261-4862 LEGAL SERVICES (609) 261-1088 CAMDEN COUNTY Deputy Clerk of the Superior Court Civil Processing Office I" Floor, Hall of Records 101 S. Fifth Street Camden, NJ 08103 LAWYER REFERRAL (856) 964-4520 LEGAL SERVICES (856) 964-2010 CAPE MAY COUNTY Deputy Clerk of the Superior Court Central Processing Office 9 N. Main Street, Box DN 209 Cape May Court House, NJ 08210 LAWYER REFERRAL (609) 463-0313 LEGAL SERVICES (609) 465-3001 CUMBERLAND COUNTY Deputy Clerk of the Superior Court Civil Case Management Office Broad and Fayette Streets, P.O, Box 615 Bridgeton, NJ 08302 LAWYER REFERRAL (856) 692-6207 LEGAL SERVICES (856) 451-0003 ESSEX COUNTY Deputy Clerk of the Superior Court 237 Hall of Records 465 Dr. Martin Luther King, Jr. Blvd. Newark, NJ 07102 LAWYER REFERRAL (973) 622-6207 LEGAL SERVICES (973) 624-4500 GLOUCESTER COUNTY . Deputy Clerk of the Superior Court Civil Case Management Office, Attn: Intake First Floor, Court House 1 North Broad Street, P.O. Box 129 Woodbury, NJ 08096 LAWYER REFERRAL (856) 848-4589 LEGAL SERVICES (856) 848-5360 HUDSON COUNTY Deputy Clerk of the Superior Court Superior Court, Civil Records Dept. Brennan Court House, 1" Floor 583 Newark Avenue Jersey City, NJ 07306 LAWYER REFERRAL (201) 79$-2727 LEGAL SERVICES (201) 792-6363 HUNTERDON COUNTY. Deputy Clerk of the Superior Court Civil Division 65 Park Avenue Flemington, NJ 08862 LAWYER REFERRAL (908) 735-2611 LEGAL SERVICES (908) 782-7979 MERCER COUNTY Deputy Clerk of the Superior Court Local Filing Office, Courthouse 175 S. Broad Street, P.O. Box 8068 Trenton, NJ 08650 LAWYER REFERRAL (609) 585-6260 LEGAL SERVICES (609) 695-6249 MIDDLESEX COUNTY Deputy Clerk of the Superior Court Administrative Building, Third Floor 1 Kennedy Square, RO. Box 2633 Now Brunswick, NJ 08903-2633 LAWYER REFERRAL (732) 828-0053 LEGAL SERVICES '(732) 249-7600 ?r Y ` N 0 T n m ? to C' c j4% HARVEY, PENNINGTON, CABOT, GRIFFITH & RENNEISEN, LTD. Stephen McNally Pa. ID No. 59576 1835 Market Street, 29th Floor Philadelphia, PA 19103 Telephone: (215) 563-4470 Telecopier: (215) 568-1044 Attorneys for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. c/o SN Servicing Corp. 51 Veronica Ave. Somerset, NJ 08873 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION- EQUITY MORTGAGE FORECLOSURE Plaintiff MARGARET M. SPATZ-BAIRD 126 N. 26th Street Camp Hill, PA 17011 DOCKET No. Oil - rq? a t_r" Defendants PRAECIPE FOR ENTRY OF APPEARANCE ON BEHALF OF PLAINTIFF To the Prothonotary: Kindly enter the appearance of the undersigned counsel, Stephen McNally, Esquire of Harvey, Pennington, Cabot, Griffith & Renneisen, Ltd., as counsel for the Plaintiff, Mortgage Electronic Registration Systems Inc., in the above-captioned matter. HARVEY, PENNINGTON, CABOT, EISE N, LTD. Date: April 23, 2004 Attorneys fo y CJ q C? C x ?? Rl r_. m -n Cl) , O T 0 r SHERIFF'S RETURN - REGULAR CASE NO: 2004-01938 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS SPATZ-BAIRD MARGARET M ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SPATZ-BAIRD MARGARET M the DEFENDANT , at 1658:00 HOURS, on the 10th day of May 2004 at 126 N 26TH STREET CAMP HILL, PA 17011 by handing to JENNIFER BAIRD, DAUGHTER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this 11 day of oz o, A.D. So Answers: R. Thomas Kline 05/11/2004 HARVEY PENNINGTON CABOT GRIFFI By ? - eputy Sheriff t , Pr/ont?honotar ` ;3' Curtis R. Long Prothonotary (Office of the Protbonotarp Cumberfanb Couutp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor n-4/ - / 93A CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573