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HomeMy WebLinkAbout09-0568 SHAPIRO & DENARDO, LLC BY: CHRISTOPER A. DENARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 ILANA ZION, ESQ., ATTORNEY I.D. NO. 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 08-033986 U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4 ' PLAINTIFF VS. Scott A. Macak 707 Brenton Street Shippensburg, PA 17257 Judy F. Macak aka Judith F. Macak 707 Brenton Street Shippensburg, PA 17257 United States of America 228 Walnut Street, Federal Building P.O. Box 11754 Harrisburg, PA 17108 DEFENDANT(S) pim COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: j- D? e/,U/-/ COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 SHAPIRO & DENARDO, LLC BY: CHRISTOPER A. DENARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 -TLANA ZION, ESQ., ATTORNEY I.D. NO. 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 08-033986 U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4 PLAINTIFF VS. Scott A. Macak 707 Brenton Street COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: b 9-- 6'1. S C;u Shippensburg, PA 17257 Judy F. Macak aka Judith F. Macak 707 Brenton Street Shippensburg, PA 17257 United States of America 228 Walnut Street, Federal Building P.O. Box 11754 Harrisburg, PA 17108 DEFENDANT(S) COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4, the address of which is, 12650 Ingenuity Drive Orlando, Florida 32826, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: Mortgage Electronic Registration Systems, Inc., as Nominee for First NLC Financial Services, LLC Mortgagor(s): Scott A. Macak and Judy F. Macak (b) Date of Mortgage: March 3, 2006 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Mortgage Book 1943 Page 2584 Date: March 16, 2006 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assignments: Assignor: Mortgage Electronic Registration Systems, Inc as nominee for First NLC Financial Services, LLC Assignee: U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4 Date of Assignment: October 17, 2006 Recording Date: February 23, 2007 Book: 734 Page: 2940 2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by virtue of the above-described Assignment(s). 3. The real property which is subject to the Mortgage is generally known as 707 Brenton Street, Shippensburg, Pa 17257 and is more specifically described as attached as part of Exhibit "A": 4. Each Mortgagor named in paragraph 1 executed a note as evidence of the debt secured by the Mortgage (the "Note"). A true and correct copy of the Note is attached and marked as Exhibit "B." The name and mailing address of each Defendant is: Scott A. Macak, 707 Brenton Street, Shippensburg, PA 17257; Judy F. Macak aka Judith F. Macak, 707 Brenton Street, Shippensburg, PA 17257; United States of America, 228 Walnut Street, Federal Building, P.O. Box 11754, Harrisburg, PA 17108 6. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 7. The United States of America (USA) is named as a Defendant by virtue of a judgment, lien or other interest it may have in the Mortgaged Premises. A copy of the judgment, lien or other interest, or a copy of a document setting forth the USA's interest is attached and incorporated as Exhibit "D". 8. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of August 1, 2008 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 9. The following amounts are due as of January 31, 2009: Principal of Mortgage debt due and unpaid $185 874 98 Interest currently due and owing at 9.89% per annum , . calculated from July 1, 2008 at $50.36 each day $10,827.40 Late Charge of $81.83 per month assessed on the 16th of each month from August 16, 2008 to January 16, 2009, (6 Months) $490.98 Suspense/Unapplied Balance ($200.00) Accrued Late Charges $81 83 Appraisal Fees . $111 00 Property Inspection . $10 50 Title Search/Report Fees . $250 00 Attorneys' Fees and Costs . $5,000.00 Ma $202,446.69 10. Interest accrues at a per diem rate of 50.36 each day after January 31, 2009, that the debt remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other expenses, costs and charges collectible under the Note and Mortgage. 11. The attorneys' fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriffs sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. 12. This interest rate is subject to adjustment as more fully set forth in the Note and Mortgage. 13. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et seq., was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Pursuant to the act of December 21, 1998 (P.L. 1248, No. 160) (Act 160), this Notice contains the information required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P. S. Section 403 et seq., and separate Notice of Intention to Foreclose is not required. Copies of the Notice are attached hereto as Exhibit "C". WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendants, jointly and severally, in the amount set forth in paragraphs 8 and 9, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. SHAPIRO & DENARDO, LLC Date: Q S & D File No. 08-033986 r? BY: Attorneys for a tiff Y Lf 341 NORTys ? ? RD SU17E203E STATE COLLEGE, FA 16803 i14-272-1405 FAX: 814.272-1406 &4141-ar W PIRA 16 AM' 10 04 -' (ft. ..aa.aM&LineFiermeeis"Dual MORTGAGE f4m; 1001B1ele00 sem2 OEFrta7[OHs W*Wx med le mulhiple sactims of this A xannenr arc &Ahed below and other wards are defined in Sections 3.11,13, li. 20 amt 21. Ctrtwbr rulai legsrd'atg the umie of wardo and k dru ducummr arc also provided in 5eetim 1fi (A) "$eeerlty boir moW znmm this daau"=& which is dec d March 43,20M Wsailter with all Riders to ft dacumem (B) "Boriorror" it SCOTT A MACAK End JUDY F MACAK. HUSBAND AND WIFB Borrower is the monist undo this 80curity (nsumcm (C) "9a8 Rr h M m4PV Eloclroo(c 1140 ration Systems, Inc_ MERS i5 a separate corporation that is ,this soidY rs a nominee lot L.vhdh:r and LErider's sum mora and amiges. HERS it the morlgaget under 11111 SWm* Ittslrmr M MERS is Organized sod ousting under the laws of Delaware, and has an addtess apd fc4ibum munb r aP.O. III= 20911, Flint. MI 48501 2026. tel. (8883 MMERS_ (D) "J.eadW# is FIRST NLC FINAMCM SERVICES, LLC I cadcr in a< LIUMD l1ABRJTY COMPANY organized and Wsting uneei the kwa of Tiffs BTATE OF FLORIDA . Leider'3 address is 700 W. HKAMC R0 EiWO. 8-111!204, D FIEW BEACH. FLORIDA 33441 (9) -PWe" means rho pramiesory am WPM by Borrower sad dined Mefth 03, 2006 . The Note nets dw Boar-m owes L =du One Hundlad Fills )sight Thoumnd Nine Hrmdmd Fifty and eaK40 Dollars N.S. S 156,980.00 Om' 8ommUrb" PMmiwd w 114Y this debt It, regular Ptrlodk hyments and to pay die debt in full eat Ltesdm0 Ap11101, iI W (8) "i'npsrtY" meant the property tint is desenbed below ceder 0. heading "r-mfer. f Ri8W j, the Ptgmm.» (G} "I4r11" awsna 1116 debt er(daeoed ?rY the Nate. AN nWM4 my RePaYnvent charges and lute charges due andar the Not, and all mats doe order dhis Security liammmmq plus ins m FDk'ISYi.VA7tlA"iopa Wml ^}ari„MMWYraOiY. at.?UNIFORM II!¢Tt;mrr For123039 trot n mmu pmrsawa rP°t? /.jiep-sa 1 hi errmtlrh16r/4PNG i?Ht o= 9t 194312584 E\x '11 ,pow 00 "JIMOrlr tltesns 21 Rides m this Seomity 1009toeot that are aaocuted by Born w . The following RhkM We m he wed by Harrower (check W x as appleobk): Adjasubk Ram Rider ? Ca &MWWm Rider ? Second Nome Aida ©Baloolt Rider ? Planoes Unit Development Rider ? Other(s) [gpe oify] ? 1.4 Family Rider O BlwaafrIy Atymmtt Rider M "Awllubb Loon' minam nil controlling applicable federal, state and local statutes, rcgulntions, Mdin, r and sdwhdxw M mien and [odes (that have the effect of law) as well as all applicable final, inn-11ppealttbb gltdtaoc G)) "o11manmt34 Anoe"- DUM Fees MW AMM'"enls" means all duct' fees. Assessments and other ON" tint And imposed an 8arrower or the Property by a condominium assoeiadon, homeowner =ockd= or xWkrwVnbwdon. W "Bleeimic (fmoeb Trandfer" [nuns any tnwfer of foods, other than a transaction originated by dank dralk or dmilsr p11pw iastrommt, which is initiated dooash an eleceronie m,minel, telephonic insuamem coutperter, or meprodc tape so as to order, insaact, or sutborim a financial Institution to debit or credit ON aeeoisnt: Such term IP hOM but, 18 mx !halted to, pohu-of-see rrsnrfcts, summated taller machine GaWaCUM UL Wm 6ddaled by Ickpitow, wite unrtsfors, and automored eiearintlhouse transfers. (L) "Zxmw Ame adorns time items thar are described in Section 3. (M) *% t*Ix moms ParaetaW ntctlms any compensation, Setdrment, award of damages, or proceods paid by my dthd prtV (Odler dmo isl711m= pts= pails undo the oovtaagrs described in section S) for, (i) damp Ik or 4abma daft aA dte Pnapeay; (ii) owAkametion or otint taking of all or any part of dte property,, (ut7 Comvaymm In liem ofeondesnoatim or f?v) mietepremfttlanr of, or oadssions u to, the value and/or c mWWm of the Proputy. (N) " 1e INFU WO mmm inamance protecting Lender against the nonpayment or, or default on, the Loam. (O) "PaImMie h metal" maw do malady aehoduled amount due for(;) principal and interest under the Ifiese, 00 M soy asmaddis under Seedoa 3 of Ihis Security [nstndmem V) MWA" meatus do " SUM Seltbmatt Procedures Act (12 U.S.C. 12601 at seq.) and its i 01*liaa, R&9IIkdm X (24 C.9 R. Part 350D). as they mi=ht be amended from time to time, err POW 8114"Id aR atttarMor 1103h6dion or saVh m that govems the same subject maser. As used in this Seeudgt fi== K "JIMMA" tefm co 1111 tetl11 NMU Wad mWiedons drat are itnpesed in fepard to a t'DMYt vAM -q o fiwltr-JMade hen mfilb Mae WWRM IMMUMWr Korn ]r» liar rrssrernseprtt-+Bta rr'asr2gfMpserl raorr,e.r:,aossyaraa? pas- rtpsi BK 643 PG asW-s Ok 1943PG2585 .fe&xft sehaed mmtt age lam" oven if the Loan does not quality as a "federally related narrgage loan.. andcrVESPA. (Q) "8seasmm' In W0 M of BormwftO mMM any party that hot taken fide to the Property whether or not riot pep ha amanrred BormtMer's obligations under the Now and/or Chia security fidnmeni. 7RAMFEIL OF RIta M IN THE PROPERTY This &xmity Ittrawyawt scowex to Lender; (l) the repayment of dw Loan, and all rmwala, extensions and m 0codotas of the Now and (10 the per(amunoe of Borrower's covenants and agreements tinder this Semmhy lathvmwht and the Note. For dab papaw, 8etmwcr does hereby mmtgsgo, grant and convey to hIW (=My as rarniew for [seder and Lender's socemoes and sasigns) and to the saecosson and assigns or hUMI do 6ollw ring described propaq located In the Count?yy !Typoorassomaslt Wkdwl of ?C?IJ A?-1sQ?j SEE ATTACHED LEGAL DESCRIPTION wbidt cwmtiy has t!C address of 707 RR SON STREET 9H?PENSDURis , paansyNartin 1TZ571 ("Ihopcrty Address"): IQ7! TUGSTMK WrM all the impruvwneurs now or hereafter erected on the property, and all easements. gtphrsrs,.roes* and fitttures crow ar beradher a prat of the propatty. AM rcploccrrtmU and Wditions shelf also be tearywed by this Soemipr bmrortgmL AU of the tasgaMg b stA red to in thin SecM* lao rmnent as the ")swrcr9'•" Bmvbww Understands sad agrees that MERE bolds only lagaf Wo to the Warta granted by Sanwa in thin Scmeky )wurmt m but. if occe ay to onawly with law at custom, MFRS (as aamincc for LaWar and Landers swomon is mtd mlps) low tba dgft to mtatdw any or all of tote interests, iaoludin& but no United M. the 0& to fansiam sad mM rho PrepW.. and to tdw any action Taluked of Lender ineledn& bo taot rabid oh leh iing and cenoelhrg ttrA $cosrky fostrumenL lllvffnv4mvA ? F.Mvy--Fooot aUeftrsaateao" ISMO aM waritu so-tr lore 3M tAt "WEIN aRMq-!R aMIARarrMMEM fhs+3grlipnnseq tiara c,ergpsa.nrn Q,K t 42, (hr, oIs8(- 9K 1943PG2586 BORROWER COVSKAWS duet Borrower is kWh* seised of the estate hereby conveyed red has die TW to G AnUtt 1411 rxavey the h*PN y and that the Property to unoneumbaK except for tt( mcatd. Harrower waalals and will de&M generally the title to the property &gaunt al! eb of sod demoodt. sldrjeet to my encumbtonce; of [contd. THIS SP4114M INMU1MENT combines uniform eovenanu for national use and non-volform ceneevem wills Baked variations by jurLdiction to constitute a uniform sxurity insrmment covering real PMPertY- UNUMM WVENANTS. Barewer Std Lender covenra and agree as follows, L 1PaymeAl Of krhmipal, Gdesalt, lilaervw Baste, Pmpayme d Charjn, WA Lure ChorSks. Se owor tbaU pay what due [fie pr 6t *d oL and inwmat on, the debt evidenced by [fie Note and any limp4YmMat tdtrein old lift eborges due udder the Note. Bo rower stall aim pay funds toe Escrow hens po,afM4. ao Section 3. Paymetns due under the Note and this Security buitr rrrent shall be made in J.S. aommq, However. it any chock or other auwment received by Lender at payment under the Note or this Secusefty Iaoavesu nt is retsamd to Lander eepold. Larder mqy require that any or all subsequent payments dos ttedcr tits Nate Mud 46 Vactaity Inwuni ant be made in one or aim of due following forms, as selected by [ter b- ea) cash: (b) snmtay rids; (e) certified chock, beak chock, treasurer's chock or cashicea check. povided any Such cheek is drawn upon an iasd mien whose deposits are insured by n federal agency. i.satmatearaliq, oreadgr. a (tb )Ilecaanie Ptutda Tratafw. Psymettts arc deemed readved by [.ender when received BE the location designated in the Nora or at loch otter location as my be dwilpse 0d by Larder in tracordmtoe with the notice provisions in Section 15. Leader may rmn W payment or partial payment if the payment or partial payments we insufficient to btdotl dM Lown eteactra Leader any accept any payment or partial payment iruutriciant to bring the Loan eoercK witlrost waiver of airy eights kereandat or prejudice to its rights to refine such payment or partial paymenfix In dc f neuw but Evader is not obligated to apply such payments at the time such payments we lmepaed Meech FOrlad(e Payincot is tyrplied as of its acheduled due date. than [ruder need not pay interest a mnpptlad fintdt Lgtdrtr nay hold oath unappliad funds Pntil Borrower makes payment to bring the Lou ctmtneaL If Boamw does as do so widdo a reasonable petiod of time. Gender shall either apply such fords ar serval dum ao Baroever. If cot applied earlfis, socit turds will be applied to the ovownding prindpai bslotat cad: the Near Immadlui ety prior to fie ectaataa. pecans[ or claim which BortwA r mlght have now or In do Almon nydnat Larder dfiaN wileve: Boarower from making paymenu doe under die Note nod this Seority Li ismu t or pufa minng tltt: cerva aws and a> m Secured by tide Security In LMM4 aL 2. ApspNes"m of PapwAsk or PSoeeetk. Except as othawin dwolbod in thin Section 2, an ipsymeat. /ooapud and ap0ed by Leader shall be applied in due fonowin order or prWLy: (a) lhtetestt due umdcr dw Nm tb) p+6milear doe under the Now (e) amounts due under Seedoo 3. Such paymom shall be off" to 0006 Poiadfe Paryrrtaat in due order in whidt it b=k= duo. Any n nabing nimounts shall be ttpNsd lka to pmt: duer^ atowd to any odtse amoum due under thin Security ineommmt, and then in enltaea?e Ibhs pslmelpal bahttes at be MFUL It LjM t tc,bivea a I el 9 ADM Borrower for a derinquya Paiadie PaypOryt which includes a stdlidmt aumwt ro iwy spy be a mmp due, due pdryntent may be applied to the deiittquMX payencpt surd rho lase dings. Yams d=are (briodie Psymaa h oouomding, Ladder relay oply my paynomr reeaived from aB:- 4 Ilro ratrysoaaa of dae %Aodie Paytoents it cad to the aateta they each psyancpt can be paid in To do [sneer drat arty awe mutts attar die ptrymna is applied to the full payment of one or more Ill TLVAN"- 1ey*F.ndy-Parm<neeCOW"kMeeUNVOfnK7tVbMUMM 8arn17P7lM Muzinunan-nears (AV.4.f1sm.') T. ab. Ca txasttsw- 'tt 11 ';K i943 P6 as" It I943PG2587 Paiodk Psymrar, such amiss may be applied in any tame charges Om Voluntary prepayments shall be s"Abd Brat tip wry pndgodrnoeit ehlrou and dances as daKrRpcd In the Now. Any apPBCadna of payments, lionvmace proceeds, or Miscellaneous PfoondS to principal dues under the Now chap Pat tamed or postpone des: due dame, or closer. the, amount, of the Periodic Payments. 3. fn11dd for Encrosw IImIL Renewer shall pay to Lender on the day Periodic Paymcats ate due reader the Now, un47 the Nos: k paid bill. a sum (d"a "Fonda") to pmvWc for payment of amounts due for W autam and mtanasmeaa and atria items which can moral" priority over this Security h annicat as a Ilan or ettaiordomm on ilia rmperlr. (b) hrasdgid payments or Vwad amts an the iPropony, if any; (c) Premiums tsar any Zed all imaxi aw mgthled by Lander ardor Section S: and (d) Moripi a Insurance prmnha ms, if Any. or say sum payable by Borrower to Lender in lieu of the payment of Mottpgga kinouwe prewhims in memdaooa wide die Ptovidaes of 3mck n 10. 71hase items are calnd "lAaow DZau." AL oeigientios or at any cans dmtimg ties term of the Loan. hider may rapim that Community Association Dual, Pans. and Asnassa amt, Way. be ctctowed by Barrowar, wed soda d1sca. tees and daeea mnenti shall be an &ctow lam. along pry Leader the Fermin escrow Thorns unless Leader widvm; ea mo wer a under this Section. 13mmwcr far My or IN liwamr Items. Leader may wdve )aeramecet obligation to pay to vendor Funds for any of sIl Use- Imes u any time. Any such walvsr may only be in writing, in an evert of such waiver, Bawar sliall F9' olh-11Y. when and wbcar: payable, the amomns due for why Epmw harms for which payment of Foals ban bears .waived by Lender and, if Leader mlaiod, shaft 6smiah to Lender mccipis evidencing such payment within sock time period " Leader may rcgmm Dormween ublipow to m n%c such payments and eo pavvide tE1 41, slab for at pmrpae0r be deemed to be A covenant and Agreement contained in this secamrby Loawnica , w the phase "rmve rant and agreement is used in section P. if amvawcr is obligated w par Fisaaow lbam dirocdY. psawaot 110 a waiver, and Boaawv faits ho pay the 11010111111two far aw Pscmw Iwm, Geodes my cuze- Its rights under Sectiom 9 and pay such Prommt and Bonwicr shall then be a6liaped ¦ AW Stamm 9 t0 repay 110 Leader say arch emounr. Lender may revoke the waiver ad to way or all Fyceow ]tram hot my dine by a notice given In ammotimnce with Section 15 And, upon such revocation, Baffwm tali pay to Leader all Panda6 and ie such AMM11 e, hhst am diem required under this Section 3. Lender may. at my time, cAmt and hold [hnda in an amount (a) of dedt to permit Leader to apply ate Funds at On time spelfied adder RFSPA, and (b) not tip exceed the nomimmr? amount a leader can ragrLa under RPSPA. Leader shall mimes the amount of Fonda due on die basis of c0irent data sad reamornase en imoTtu of capeadttwees of fumae 13aeaw Mons or otherwise, in accordance with Applicable Law. The PAM dial be held In ass institution whose: deposits are insured by a federal agency, u"suaoe y, ar clitky (Incindbgf Lender. if Linder Is an instttiton whasa deposits are so insured) or in my Federal Giotasa Lan Hark Lender shall apply the Amds to pay the Esemw Items no later then the time specified order RMA. Loader shat me ehorge awtowsr for holding and applying ten Fwhds, annually andyrlow do aamos, comma, or vmifft the Escrow Insran. table as Lander pays Bonower interest on the Fulda mad AppRodole Law permits Lender m a" such a charges. Unless as agimowmt is meta in wdting or Apple" Law tagA lmu as is be paid m do Fhtadt Leader sW 111111 be. snquit, to pity Beerowcr any inwat at eatoioga an the Panda. Borrower and Leader now Was in witting, however, that jaerest shall be paid an the Paaida. Lamer stmt the so Bom wer. without charge, in anaoal accounting of tea Funds as milelted by MNA. If dente In a nauplttd of F ads held ht actow, an dafined under MPA, Loader shat account to Beaower far ale heh(acm Gals In daomdmee wide RESPA.1f these is i ihatW el Fadek held to escrow, as "mod wader RWA, Leader aball oddly Barrowar as negadfnd by RFSPA, and Rorrawar shall pay to reaednrMaM-ariteRwBy-PknkMwAs MbMacuatroRMR4rujWWr POM 3630 IM asnevnngineg-41M _ ff sviondparea) ToM C*t-aw6MaMORit§*Ht?ae "'k 1`143 PG a5-6% FS 1 41OPft2588 i endef Iba ma cm sa angry to Mite cep die shorts in accordance with RFSPA. but in no mom than 12 sapo y psymm a, if taste is a dafkdcmq of Funds held in emow, a dcAmd under RFSPA. Lender shall mxfy Baa?swcs u mgnbod by RESPA, and 6otyoweY.ball pay to Lectdcr rite a n6bnt ne?cewry to makeup dieds[iciarey is amotdaaoe with RBSPA, tax in no halm a than 12 monthly paytrtwats. ripen payausst is full of Wl aims sensed by thin Security laatrwment I.ender shall promptly refund to howm r any Fkmk held by 1,ondcr. I. 4MwVw. Liam Bonowcr shall pay all isam, amc ameats, charges, fines, and impoddoes ominsable to die Pappay which can attsio priority oval dds Security Iaatrument, haschold payments or gtoud sow as dw Property, if wry, Pad Comi nuniey Assododan Does Tres, and Assessments. if any. To an esueas deK fleas Lemur was 8aatow hare. gamma shall pay them in tae manner provided In Section 3. wooer' atoll ells c tier wry lien which ]ter Fit"Y over this Sacodty Inssumra t unless Bonottm: (a) agrees t? I the Qgrtawnt of the abilgation seated by On [inn in a Ilamw acccimble to Linder but Only w lacy as Barrawa is pexiotaing each agteaswrt,. (b) carueses rite lien in good faith by, or "a& ri afaat a dOos oead of die Len 1% IV4 procoodlap which in Lander's opiaion operatic to prevent ft udac®an[ at rile Gas while diaaoe proccedbw we pandin& but only until such proceedings are cowbWk % or (e) saeetes from the hailer of the lien cep asoeotcat satisfactory to Linder subordldsting the lieu is Ibis Stretaity bonivica. N endw desrsnims; that my part of the Property is subject to a lien which can mWis priority over dw Sweet* Iaahwaax, Larder may give Borrower a notice IdendI]lmog tho lien. WMn 10 don of the daao as *Mcb that natice IS given, Harrower shall satisfy the linen or take awe or more of die Michas sec fatdt above in this Section 4. Lawler may wagttira Somwer to pay a one-time charge far n real estate tax verification nndlor rcponing service used by Linder In connection whh this Loan. b. Prop" Tassosm:A% Borrower Shall heap the improverncnte now exigiog or hereafter erected on do Ptopaq biaaeed against tea by Sm hatwde metaled wMin the term "exteaded aovaraW and any aurae 1rPat1lL hickidin& bat tam RmkW to, aarthilualasr add floods, for which tender requires insurance. This Inseaace ashen be nudotdmd In the anrou,as (Including deductible levels) turd for the periods char Lender requir s. Piaat Lender tegairsa putauaa to the preceding sentences can change during the term of the LAW. Ilm laaorre I carrier providiP6 the hwwartee shall be chosen by Harower subject ao Larder's right to disippovc Boerimcr's choice. which right .ball am be exercised umusoraably. Lealcr may tcquire Scenown to pay. in cometxioo with Chia tarn, either.. (a) a-one-time charge for flood node deteminarion, eadBwdoa anti UnWag aerviocs: or (b) a att use charge for (load spec dewinination and certification 3=9 aced subsepeak tdnrges each twee tap s or similar changes oca r which irasonably might allba such detwotlnaooa or actiGraden. Sontmar shall. Woo be respomible for the payment of any fens bur =W by the Fcdeed Env Strode Ii(Mnagmacot Agency hi connection with the review of any nood zone daimaludon resin isig faros an objection by Borrower. . If Sorrower fa8s to m L4" soy of dta coverMes described above Under may obtain insurance owmap, at La &Wz update and Borrower's exptaae. Leader is wider no obligation to purchase any pattleofls type or am isitt of covewge. Tbeefua, aacb coverage shall rover tender, but might or might not pnobR Kim. Sonowises equlW In tha Prepay. at she and ate of hire Property, against say risk hazard at ial ft std MR* PSOVIM Verne of sewn eavesW tints was Wevimnly In effect Harrower teller too coat of the Wersime crimp so obtained might a0ti6eantly natcmd the cwt of ittaareoe 9naisara reward We oblabed Any amounts dlabotsed by Linder w*r this Section S shall bwomm sdtBtiond dabs of Norimw ismAred by this Sect sky Lutromati. These ani um shall bear immst at dw Iuiar teas fins Ilts data adisbotammat and ball be payoble, with such iscreaa, upon notice from Lender io Sonower tagaeaft P4ymtax. PJJIWWVAaaa..4h #M I%dd y-?.a.IsMadtrydak MSeT)NIPORM INMUMEW Nom 7sse a,ot Mona/QQH}Maao rAv44alleppei) TAWRCiRaiNa71'?t10NCaanrATLAND9 Iv K 194,5 P6 ??Sv ati 943PG2589 All irhammocc itdides requited by Ietrdcr and mnowels of web policies shall be object to Larders right a dlissppmve beach po.. - slug iaelmks a matdod mrtpzc clause. sad shall name Lender as mugmm hhad4 m m adggomal lass Payee, f erAwshrill have tha right io hold the polices and renewal c+4dfiic"m W hinder tnqubes. Barsvws shall pmatpdy give to !.ender 10 tacaipts of rid premiuma and reasw*i sum ce It BogoMmer obOlm any form of lomom a coverage. not edtewlae squired by [.ender, for dam, Io. or dam"am of; the ptroperty. amch policy shall incbrda F standard ,amuse clause and shall onam t emicr as 1140trga m andAw as as addamsmi Ims pqm In the event of leas, Sonbwer shall Siva prompt maim m the issumme curia sad Lend= Lender may mane puss of loss if not made prompdyy by 8wsower. Units Laidar sad Borrower cdovise agree in wrbio& any immucti p occa is, wha hm or not the underlying ioswapee was required by raider, shall be aPPW m rgrs " m or Volmir of de Pt PDV. If dm rescarsdan a repair is economically fcolblo and Landow mmwlW is mR lcmenod. During mch rt p k and miars" period, bender shall have the right to hold such Pmcm* has base aompkmd j ? Ismbr4cdm. pro d to ? ? ry to easurs the wok LoWer may disbare proceeds for die athm do haich dingie efan shall 11 6 be e uudatakcn prompdy. Perri as Ow work 3: reprice and "ssaraliop in a h16161 painept or in o series of psngrcst coaipbaod. Unkas an sglcemEM is made in wri or Applicable Law mquitm ipaarsm ra be paid oa aneh Ituttraaoe IS Fm I I I , LCndR shall not be tegpbed to pay Borrower any interest or eemhtp an hair pnmmcdo. Fees for pubtic uljanem or ocher third parties, rarained by Borrower sbmll not be paid rust Ot de Insomoce proceeds and shall be the Fait obligation of Bormmmr, If dw restoration or repair is am y Jbusibie or IMF mcmity would be kzmx ed, the insurance Proceeds shall be applied to ft saint accused hjt dds Seaaity Insreain mL wkmhw or not dm due, with rho excess, if any, paid to Harrower. Soc h iramanc a proamb shall be applied in die order provided for in Secrion 2. If Borrower abaadaas the Ptoparty. Lender may fdo, negatiatB and scple way available in umacc claim and rdamd mana , If Bormwu does am mspood lridda 90 days to a notice from Leader that the insurance coda has offered to try R claim, them [egdcr my nepotiam and made the claim. The 3Dday period Will bagbu whcp the nodes is given. Ja ddw event„ or if Leads acquires the Property under Socdon 22 or odmwiat Bonowm' hereby rmigns to Lads fa) IJanawer's tishu to any inswum proceeds in an amount eat to stars! the anroiaer mpaid under the Note or this S&mdq lmtnmmc. sad (b) any other of Borrowers rlgha (0&" due dw right m any tottmd of tmearned pmWums paid by Hwrawtr) under all igmurapct polite: oo Kft due n olm IsmaW as sack djhm am applitmblc to do cove mile of dw property. I.afder may we dte h[a+sar m pooaeda sides to mpalr or mstorm tha IPmperty or to pay amounts unpaid under the Plum dr thk Scarity Ioswmenc whedha or sat rhea due .`. - Bonswas ashaH oeoapy, enabtlsb. and cue the Ptopa ly as Borrower's principal M_ mddmm m" 60 ye e:aaains of dda So ority Insnusnam and shalt commuc to occupy the Pmpony as Ilmower'a priaciisd raddmoe Mr at least one yaw altar the date of oocspancy, amass Ueda odarwiae mm in wtkbt& whid? comsat shall as be tnhrcasonably withhoK or union extenuating chuehlms aria wbieh arc bayed Barr user's crnrmol. 7. Pseaxsatlan, A1a6dathmcs OW Prelecom at the Prep *y; laapeCdo" Borrower shall rm dosmy. dames at Im#* the Ptapaty. ailOtat do koparty b deo fti to or eomndt wam an die Pmpmy. or ant Banow min nsift hr if= ftoptaty. bonv*tr than makm& the Property is order to prevent do Mix" Lam datadora ft or doccomal" In velars dB m iat corai3don. Ualcm it in hkfmmkmd pu mmm to seadsn s dart "pair a usmnwon is "aeoeomioaUy taasibla, Borrower adtao promptly ra*r ibe Property it dmnm d m avoid tAnh r daaimadaa a dammjL It insuchrree or eondmomian proceeds are paid in mptlmPnpaqonlyif abler box miss sd may( Pon9wor 5w shop he sn9amt ay d for nWripg or rofor die repairs and r+emmradsn in a AWe psymerm or in as Fc?r'kaptotn pmLarder may disburseproceeds 1O&m payurato; as dhc wont im t?m?rtsxirettik-ace,?tit?--r?,rr?a.arreaaaa?ta?roiwrrartcuettstrrr vd,aanvt,?t agaamatpsrg.raara JAMeTg(tdpavl ram+w4ahnlSrr Cr?#10414W W m 3 PC, ;tSgo RK i 943PG2590 completed. If dhn iAat mes; or eoada mptloo proceeds vas viol sufficient to repair a restore the rtoperty, 9artwa's nKmIcneddf Hanower's obligation fbr thecoanpleeon o(much mpairormaoPdon. L r er its sp o may main aato>sble oil m upon and inspections of the Property. it it has ressonsbk coca. L.endar my kapeea Sins Interior of the improvements as the Property. Lender Shall give BaStorvartandoc asduadme over PdorMmsc t an interior Inspection specifying sachraaaadnia cause. L Remwaes I.osa Ap 11lead d. Benowtar shall be is default if. during the Loan applicaflon prong Bonowor or any persons or entities aedtng at die direction of Bwmwer or wish Borrower's kmwleulga or aohaent gave rnnukUy false. mislesdlag. or Inaccurate itdoamatlon or stalennent to Lender (or Wlad m Provide Laotian with maeenid IaWrme6m) in connection with the Loan. MwAdd reprosanradons isdttds, bat an am Gmiaed te, tvf owntations coomming Borrower's oeanpattey of the Property as agroalEirs?tarI&M. or L.eadvs Interest is the Property end Rights Under this Security Instrument. U (n) Barrawa faila m per(brtn the cavonson and agreements contained In this Seatrity Instrument. (b) there is a lead procecOg that mutt significantly affect Landers interest in the Property and/or rights under this Seeafgt ht sirvowt (such as it proceeding in benimot any, probste, for condemnation or forramre, for aafeseataet of a Son whidn tray nub ptiatity raver tide ScodW Instrument or to enforce laws or regdsdaes), or (e) Oshawa bat absadorad the Poeperty, then Lender may do and pay for whatever is rcesomble or apptvprinc na psotdtt Inertia's imartat in the Psoperty and rights under this Security Its zoos , itrduddg prompting and/or assessing rite value of the Pm crry. and vmdng erdlar repairing the PiopaQ. Leltdars anion can include, but acs not limited to: (a) paying any soma secured by a lien which has priority over this Secwily Peaovanet q (b) appearing in eoar, and (a) paying ssasmahle atkmys' fen to pma= its interest in ate Ptopeny and/or rights under this Security Inswiromr including its secured position In a' psoeoedldll. Semdol; the Property Includes, but is rot limited to, entering the Property to orate aepato. change locks. replace or board up doors and windows, drain water from pipes. eliminau Wiling or dd- code vialctias or dani;MW renditions, and have utilities turned on or off. Although Isadrr RM tako action ttvhda this Section 9, i under does not have to do so and is not under any duty or a Ration to do sec it Is ngrud that Lender incurs no liability for not tai:ing any or all actions authoA=d under thin Section 9 Any tlMMU dinburad by lender under this Section 9 shall become additional debt of Borrower hieame I by Ok Severity Gsmunant Thesis A anu as dull bear incerat at the Kan, rase from the date of diabnoreorent and shall ba payable, with Vero Irsore 4 open notice f am tender to Borrower requesting Pay-D?w - If this soca ty LaMwnem Is on a leaaa>pid, Bormwelt shag comply with all the provisions of the lease. If BOMMer noI I , (cc title to tM Property, the leasehold and the the On Shall tax merge unless Gander .pact b die a , is r in writing. I& MartgaPIIrsersum it Lendu mquimd )wforrgogc Innsumnx es a condition of making tho Loan, Bdaowar aids PIT tins lrrerrtiema mqulad to mdnbdn ft Mortgage Water oc is effect If, for any reason, the 1Rarys p boalasee tutrvwepe required by Lp"Jur coasts to be available from the mortgage insurer timt =duo M and Borrower was requled to make Separately designated 1My?a ortgsge Ianaanee. lPot Ppenisiael pn rower shag par the pmmiums roquircd to obtain covnxaga sebpanidiy eggivW m m the iMIMM a Annreaee previaetsy in of OC4 at a cos ffift asddly equivalent to ON eptt a Beasanw of do Matpp Insurance pdev)oursy in affect, Vera an aimpate matgago insurer Aitnaloi by Louder, If sulsoodsgy upsivPIw MwWp iosmtmm eoveage is not available. Borrower shall mglintsa a pity 0 Pander the aslu I of der uperately devigtaatsd payments that were due when the returnee eovamga vanaW,td ba in affect leader will a mcK me and retain Clan payments as a eon- mpondtd k Ian mmve is Gat of Mortpge Imuaagee. Suck lass reserve Shall be non-rcNndsbh, rW@MMr:ANa4-4b& F dls- Man WWPwWdkMatVNIFOnasrN9rRUMWVr Fcwmtl7?aaw?7utabll mmars"Pri a-t?s lfrseltrf6peasrt rsot. CA1-M IMOkeaM-1n; 3K 1gg3 P6 slI Art ! 943PG259 ! eotMdts nft de fort dw the Loan is oltfrn.idy paid is full, and under shell not be required to pay Bwrw wr my ;mom or cwuhtp on sorb lost thuerm Lauder can to lodgerrequire lots Murve payments if MwgM IaairanCO coverage (fn the Amount =A for the period dint Lander require) provided by m insurer nkciad by Leode? ages heetrraon svtdiabb, ih obnitted, and l eatkr a grlres separately designecd payments toward the pttemhnrna for Mortgage hraurattce IE lender togabM MOrtgYge hoaruoae es s condition of and tg the tea sad Benowa was tegttitcd to tmfoe axpssYdy dmdgniatrd psyttteau roatind the premiums for A/ortgsgs hh:omnis, Besrower sbdl Pay sure pt Clmiunl: requ6ed to mdtttain Mmtgagt ]mtuaace in effect, or am a man sebrodable Ices ttsaartw. mail I ertder's tagtdrehnen[ t6r MttrtgaCe lnsur9soC End: in trhh nay wrimea uBouapent bat?eeen fiooovru and Lander prodo5ng for such temhittsRion or until teeoairpeiou a ragttired by Appliv6le f.aw. Nothing io dull Seedtha 10 affects Borrower's obligation to pay i AWftMMt K dha tam prorhbd iw lute Nom. Mortpge brsuraacs raimborm Under (err any entity that purr Lases the Nona) for anaht losses it may ineor V Botnmw dean not repay rho Lan as agreed. DarOwar is not a party to the Mortgage: Insuronae. Marwp inow ra evalam their toW rill; an A sigh Insurance In (own ftlam time w time, and tray eater low ripeesseats wkh other pardes that share or ter" y dN& risk or trduce losses. These agtaements anew tams and mnddwt that star sottisfactory to the mmtgapa lama- and the o4w pasty (or potion) to these agreaa ams.'lbese ag omenp may nn on the martpr isuitrer to moles payments using any source of Leda da t this mwtgago Inca wr may baw available (wh" may include funds obtained fmm Mortgage bu wo- tsnadttms). As a raw* of chase agnmuent* (.ender, any purchaser of the Now, another insurer, any reinsaror, any arts amity. or any offi6e0e of any of the foregoing, may receive (dfrecdy at iadireetly) amounts that derive from (or might be characorind as) a portion of Borrower's payn=u for Mortgage Insurance, in exchaugt IN Ww tg or modlfyiag the mortgage laswer's risk or tedocing leases. If soch agreement provides that an afCilhre of Leader aura a Marc of die issttrer•s dolt in tatchange for a shoe of the premiums paid to the lamaar. tits mongasweai is ofima tewsod "captive rehunrm ' Panther: (U Any rerun agreements vM not td[oct The amounts titan Borrower has agreed to pay for MmlpfM IMWrapee, or any other term of the Loma arch Weetneals will mo( Increase the amount Borrower wN bare for Mortgage 1nsaaratee, and they will tool andlie Borrower Ta any rdVdd. (b) Any mach ogroments wM toot affect (rte Holz horroatr has•-ff any --wlih respect to the Moshe bgpream order tae Aotacownms Praltetim Ad of 1998 or may utter law. Man rights nay Isadha/e clue dOt to ¦reslva sdetaht dlacksasree, to rsgowl, and obtain comalbition of the Map(gagc Mures ice, M lute the Morrgttge Inmrrioee kruslruled autamatkaUy and/or to ractive q refund of tiny Mnatfgsge 1rsu49nM psemlursa dwt were omsraed A the time orsech cancellation or lerminatmt: It Assirmot of MhoeBasuoas Proceeds, Forfel(Prc. All Miscellaneous Proceeds are hereby astigumd to dodshnii be pdd to Lasdae U she Ptoporq is damexa d, such Miseellancou: P moceds shall be applied b restoration or repair of the Pmporq, If the nat audit or repair Is eeonomkolly lowI fF and Lank 's sectaky is ant lessened- During tlleh WPM' and lestes.tino pesdod. L artier tdr.g have the right to hold much Miaactaneou: PtOeseda until Lsadlss Iwc bid an oppmmdty to it Wm* aadt Property m *M= duo wodt alas been aatnplemd to Lmodoes asdrfiados• pTVrided that auihb hwpwdw dal( he amdarlsken prow0y. Lander may pqy for the repabs and r?esedm in a shade disbonavewtt or In it asks of pcogress pgnrm a as the work is completed. Unless an 1WWM lR Is to ink in vlrhitg or Applkolak law tmpdtan ka areai in be paid os such MisexNaoamts Proceeds, [.tlldtgdoll not be i>sgebed m pay Bammor arty intaeetor earnings oo such bgsconmoes Procesoh. If the taputattiw or O*W Is sat economically frmMe or I a slice seemity would be Iesswwd, the M'tassellsoeous Rom* slag be appffrid ve due mesa secarod by this Socusky IrgpeiricM whc6cror not fieo due, with the PasltiYl.vAlat--alrgt.raiNy-tare.t.M.dr.?earaernvtroa?ttrrlrntnamrr rariaasalmi tniaiwraatM11-4e10 t/oa.Ygfrdpaui rooniprai?ese.mso iAS.rs 7 -art 19 13 Pr- D S9-1 Hit i 943PG2592 ate,. If any paid to B muwar. Such Miscellstneaux ppcmd, shall be appki?d in the order provided for in Saodso 2 In dA event of a mml MUM& deatrucnop, or loss in value of the Property. the Mi6callaneow Proceeds Sony. paid appReal to die am secured by this Seewity brstrum@M , a hea er or not then due, with the excess, if to Bonemw. 10 Ills "M Of a PMW pdpng, datrt>crtap, er ]nits in value of the Property in which the fair market vd- or ft P-party immedist* belt c tine partial , or lass in value is equal to or groucr dn% the sellouts of the scans mcurod by this Secu ily Instrument intmedimly beltac the partial Wd% daRuctim4 or]- in value, unkst sarru rar and Lender adtawiss spa in Writing, the sums aecumd by this Seoaslq I=VtMM sitW1 he ttduced by the fanouat of tine Mistellaoeots PMWAxb multiplied by the dewsedoa. or lass i{u)vslie a t of the Stew Secured Immediately hefte the partial taking, modest PkfW O N& desuvadoay or Inm in Valluue.My aWance *a11 be value of pold to RmTow ?Y immediately hetara the In do ? of a ptrtial taidag. desmsedotb or lots in value of the Pmperty in which die fair market "has of PsuPerty imrtisdistaly before the partial MkIng, 4"awdat, or loss in value Is ices than the a Oawfm WMA]of tlm opens faceted hmoediaeely Wwo the pardal muter, destruction, or loss in value, unless and Lender Otherwise ogres In writing, the Miscellorcom I Mceeds shall be applied to the sums sashed by tint Security tmtrumcal whether or not the same am that duo. V do hapeaty Is abandoned by hotroge, or if, after notice by Lender to Borrower that the Opposing (at defined in Who YAWL t ennaom) uffera to make an award to setde a claim br danta es, Borrower fails to respnod trr l atdw widtirt 30 days after the deft the notice Is given, Lender is authorized to collect and V* dne WiacaAsecovs Procceda adw to raaWradou or tepalr of the Property or to the sums secured b this Seemly I Matt tot, -hod w or not then dec. "Opposing W means tit third party that owes Borrower MIa?Mmoona tsnoxevla at the parry ageinaL whom Borrower has a right of aedon in rCPM to MiWCUUncous "Vocadf. y Bwmwcr PW be in deft* if any action or prpeoctilug, whether civil or criminal, is begun that, io Lt+ hez judgment cold rrxult in forfeiture of the property or other taaferial impaJmwnt of Lender's Ialsrtsat In dm Pngcdy or Hilts under this Security Instrument Bonowcr can cum such n defaolt and, if 4001140011ins ban oomald, VeIntoatn as provided in 9eepon 19, by causing the action or proceadiag to be dismissed WM It ft titan. In LANdWs MOMM14 predV&a forkitore of the Property or ether material a? a cl i r PropaWLY ar_ right under thin Sacmiq Irudument. 7% proceeds of any haft s and Shall be m,P baPbtC"to die impoirtttertt of Lender's interest in the Property are paid to iztlar. All )Ifisoafabotrt PtO=& that use not applied to restoration or repair of the Properly Anil be applied in the radar pnavlded for in Seddon Z. 12. Burnie r Not ltdaasd: Barbesasace By Larder riot a Wal er, Extension of tho time for Pay ar ma?flartion of arnortimadon of the sums penaed by this Security Inshumcnt granted by Lender 00 Rearu trz or my Sum is bnment of Borrower shill out operate to Merin the liability of Borrower or an y Seaxgals Is baatat of Bow&ftr. tender shall not be requited m romranyrcp psoaccaings against any SOMMW of 11* brttgast tdBoftower or to Mahn to extend thus [or paywmt or athaviae modify smortlttadon the suous secmW y this 4Km ft Imtraumaa 117 teased of my demand made by the original Borrower or atiy Smxmift in boluses of Bartower. Any forbaasaa by Coder in exacking any tight or remedy LtlogR c, of priments CC BaranwQ or Is Saloum lean Man die smotntt then ?baalll not be, a waiver of or ? Kin atmdW of aayft urmm*. Pn C)IaiC ft t! YI YANLA ?ag4?+ly-IM1nsYIs lMUNNainam" uNIFOnM lWfnUalsNr irwm an Iffin Ywnt71a ""4PlMnr (hp 10 pfls/Nxal r.aavrye1?00.Sfe aaa llHlf-rr?t ilk 0142 Pr- 1;ta593 OK(943PG2593 U Joint m d &VWW LWAkY; Cnsiillms; Smemsors and Aadgm Bound. gorroww covenants and mV- d- BtaMwu?a obWmm gad fmb)Gdr sbalh bo joint and several. However, any Bonowar who easiest tries SmcvaJW hmumem bat does not atoeeute the Nom (a "co-sipocyy: (a) is err-signing du security IMNu 0* 0 age, gat and CoMaY tha m sigmt's interest m tie Property under the terow of this Sam* Uroummm (b) b not peamily, obggated to pay the sums seewoed by this SeearityTnetrumcnC and (r) agraa dmc Lender and any attar Awrowar can agree to extend, modify, forboar or mate any cmannrmhl consent A with regard to the mine of this seemity hMnmmm or the Noun without the co-river's Ssbjaa to the pp"Morw of Seddon 18, rye successor to I umn of Borrower who assumes Borrower's dittsiooa mdv this Socadly Iasu WNM is writing,' and is approved by Leader, shall obrain all of heouvwer's 410 and bonoli a wader this $mca ty Iswumem BOtfowa Mall not be released hem ri6 urce oblpdm std Aabilky under this Security Iaatratncat wMese Isnder aSrm to such release, in wai egrnemaap of tlhic Saco<ity fmmnwm shall bind (except as provided in Section 2M add bweBt tie am ammart and anqu of Leader. 14, Gann Cb-v m. Laadar may sharp H--WCr f- for eervlaes porfonncd in rwaauadon with &twmas's dof k for Ge pwposa of proper Leader's interest in the Aopaty and now twtdar this Smeally ImuammtG Inchm ttg, but not Hasited m. ' Yana, propatty 112pectian ad vahndan fees. In rgwd 1o any odier $!s, the ab samec of cipeea gat 141n this SectaityInswmdn to chmga a specific fee to Borrower shall not to c m&ncd as ¦ ptohibiion an the Charging of each fee, Leader may ant charge fees that are exphsstly, p hUtcd by dos Sma ity Instrument orby AWksipia Law. If the I- is M&deet to a law which salt maximum loan chargers, and that law is finally interpsemd so dial die iwteaot a adwr ban alsgea cWMcted or to be collected In connection with the Loan exceed the phoaiiwed fianiu, them (a) any sash loan chop shall be reduced by die amount hwrcuuy to rod,um the chmga lvdie ptxmioted Illain And (b) sty snow abhtedy collected hom Borrower which exceeded permiaed Hades w1B be tehmded to B-AW Lander may choose to mate: this refund by reducing the prinukW owed ceder the Noon or by making a direct paymaw to borrower. tF a refund redacts priacipal, the reduction will be treated m a partial pmetmymeat without any prepayment charge (whedar or not a imrpayment Chrgc is pm idad hw orbiter the Naha). Bonowot+a aeeepUM of rhy such refund made by direct payment to Bawowor NM warriors s waiver o (MY ride of adios Batowar ndLrla lhavt arising got of nail overcharges. M Nedem Ad notroes gtvso by Bo- or Lender In COanperion with this Security-braonhent - . mint be in wdit Any notice m Barrmw in cwuamian with this Security lmxm meat. dmu ba deweed ra he- bean given to Barsowehr when smiled by fast class tail or when scusaily deivarod m Bop?C - . ad*m If seat by other count. Notice; to any one Borrower shall cone tote troika w all Bm><itvra; voles AM4-W Law CM111-dY odkrwIMC. The notices address shag be des: Pmparty Address unless- Bonoww has designated a ad upse aotiCa a kk= by ootiaa to Leedae. Harrower shall promptly notify Landaral bonmWa ehmp of address If L crdrs specifim a pocedvm far reporting Borrower's drums of WEEK. his Bamower akoll only rapm a clautpa of addnas duwMh that sped** promdw& Time may be qtly cue d?aaijm address aaderMe Seatdty laatttnaoa at any one time. Any notice m Leader shall be *vm b F k or by mdit it by firm class mail as Leader's addrem stated hsraio wdm Lender Any t 'Ingnancat dog m be BMW* kommmonea is Man aspired Under Applicable deamad to have bom gfym to Latdernedi aemlly received by Larder. if say notice regalsod by ?t>advtltk , die Applicable Law rmptbemam will sad* lf' Y?vI; EWMNWW, ROM Of CMSkaClian. This Seaority (nmwmem shell be &PR90 eel by lidwg Lew gad she her of die in whist 1116 Property Is toealad. AN clots and aWWRIao aoaabed is ffita Sastky UMUMern eta tldhject to gay rapipemenw and limiuliom of >?eRISYSYANIA^9Mte?gr--t JPnAdGMaelM7WORNVOMostmrr a adpe1101 In Mhoaa-ntmnt-rows (PAN rf V401-1 n0ierrf+R h-asirFeaormoism. '3k leer S ecc, as% OK 1943PG2594 APpkmbk L-- Appiienblo l.aw Inuit explicUfy or implicitly allow the parries to agree by cow= or it MWA be Want. bhht such Ahmea shell not be convened ss a profdhidon against agmenreirt by contract In the event dot +Nr fttavldoa ar oittme of dds Sc=* huMnn nt ar dies Noce tmo0tels with Applicable Law, such conf d dab at Affect ether pmvkiwia of this Saewity lnmumeet or lb; Dion which can be given effect sri [heat ?e mpQigjps psovitdorr. An cued in this Security Itll Mcaft (a) wards of rises etas Winn acnder shelf mean and Include ++P +6 attar wads or wards of dw iirraialne garder; (b) words In die singular sma mean mw do fdwW And vies versa; and (e) die wad "may" gives sole discnedon without any obligation to take 17. florrw fen QW. Sot mtvor ahsil be Liven one copy of the Maps and of this Swudty inatruinem 1!. 116 1hmaster wf the f'iwputy thr a 111120dieios fnta+wt in sorroww. As used in this Section lar PmpwW'mcms mmd?ll buw&, of hdaest in the Pmparry, loelodin8, but not limited to, discos The dead, contract for deed, iastatlment sales coo&wl or esoww ttprmtert. the lessen[ of which @ the trapafar of tide by Bartnvrcr at ¦ futwe date so A purclhASer. H all w say part of the Property or any ihowt in the Ptuperty is sold or transletted (or If B onoWcr is not a namtalpertpon and n bwreficial inures in f3mmvm is sold of annahmed) without Landers prior wdrm ooat„4 I -1- sary tsquim itaniedsts paYmmt in full of all sums secured by dus Security Ltstrsrasat. Um cm, dds option doll not be exercised by [.ender if such exercise is prohibited by Applicable law. ff t pidq exwclao dus action. Under shag give Borrinver notice of accolcrall". The notice shall Fence ¦ period CP nest lea char 30 days from are dam this nolfta fa given in sha oh>iwice with Section 15 vviddn which Barrovrer taut pay ail sums FectNad by this Sectiriry insm,ment If Harrower rails to pay those Iomumara?vidtoutfar haaodeeordanargo„ewer rovaka nrry ramedfes permiacd by lhis Security 19 BOYrOWb''! lilghl b ItalrtrfAl! ARer Acaitarolfon if Borrower meets certain condition. 9wrsrwerahaq Iwvc lire right tw have enPoaeeme„c o[ dues 3ectxlty Luruument discontinued at any time prior to dre errliex afi (a) five days before mia oP dre Phopecty parausnt to say power of sale contained to this Se°u(9' fastrtmtmC (b) swell adher period as Appticsbio Law might specify for the mrnlaudon of Bo=wWs tight W talatlow; at (a) entry of a jrdgttreat anf Cfpg des Sxwity lnsaaarait. Thoac candidous am that Harrower (a) lays lender ME tyros Which dm would be des under this Sminity Instrument and the Neu as if no secdoradon had occurred (b) ctm say tld alt of say odor covenants or apmrnenar, (c) pays all espeasa hhh>Q. I!* gtfataiuu xudgi-htwmnmt, inGuditrL. bat trot limited tot. Ieatahebls tutontays' ,c , .. fixx. pmpuly impoctiaa and ihkraton tees, and Cliff 113M intuited far the pugw= of proor Ling Leader's WE" in tare Property sad tigbu under- inder this Security Iasaammt: and (d) takes such action as Lander may renswNy sequin to Lum riot Lasdar's inwicst In die Property and flights wider this Security lhuthumen, will Bammw'a ublantion to pay the awns soctrrf I by chic Swirity llmmumeu. shall continue uncharged. F q miy mgdm that Sommer psy such twin ant rants ad ox is ones or nitro of the followlea forma m sslaud by Iaader (a) hk (b) money N*n k) ci rd(ied check, yank cheep, timumes check or eaddera cheek, provided my math edwak is drawn upon an insdtadon whose lldwrl sooty. imtrrartr?bdiq? thr erdgrt v (hQ LrJecaoaic Asada Iirttnsibr Vpao rsima utatr>ont by Bu roar. dine S'rear(9r htatitsateut ssd obBgstioaa sand balRby tdall selnalA (idly elYectiK os ff no nchxletadan had aticwand I111MO r, dtis rW to 'a N *d sot apply in dm even of uraiwaden utda Smdco ig. A "at NatC Cf rap of Lost 8arrlow, NatiR of Grkveaee. The Now or a putial inwimst in dwNtiftOll' A / mite ddtr Ssaff* lmtru nmQ coy be sold our or Wrote: dwA without prior notice to ??w A tusda None ?elw s bh the mt4 (ko mt a the "Lam Sh rvican drat co6ecrs Ptdoaic 9aewky bakuwat and pm*wrm other mwpgc loan eorvkfng t'aMIG VAMa--w.ar w=Uy- iasoG ltauffmo re Mae anttiORM tNSM MCW 3030 i?ffipt neMna?alagt"a (aNls Nrapaeerl T.0,A-c a Wga 4? Ma wyr c IM ?,a ?C 1R4 3 P(d rigs RK 1943PG2595 01102916ox under the ? as un tam Srrv. bM? and AWroble Gsw. 77icm alw might ba one or more WIN be aotsisiend to a sals of the Nay If that is a chsnte of the Loan Serviss r, ltatosrar Of v >•ddvwiaaa >>?la o0°Ce of " ante Which will arse the aspte and id aseetss of the new !noun oooaectioa with s Ossaeeer m wat 0 of aumtt?'dr of - - ahoeld be arch and soy OW idatmstloe RMA requims In Loft smriosr odkr than >aavicip& M the Now is sold and "trifle tiro Loan is serviced by a MUNda PurdNLxW Gf tlae NOW the MOVIAW terWaing oblipuioas ao Borrower wilt NP?+Q mt? atlMeftTkor or be ffembroad rwwin p to a suommor im SGVicer and Bic eat eisumed by ft Pro by the Kale patrchayet; Ncid- i. 11-ow- nor under may conmenm job. or be joined to any judicial action (RA airhar an 11110-cm tlrs rt t tneada r ofdass) that arises from the adw pmty's actions pursusat to tMs S&curity Chu ?tqr , enx11 dsuch a Bad t? hu lae dtad any I"°d? of a any duly ? by reason of. IF tvsa ooh With tlts o WMW or Lawaar lout now the W" patty (with such notice given a M* bk With alter of Seedoo ls) of lush aueged bench ad AIRW de d the oNer party hum Mosessi time pesiiod whisia meet atlfiing of such Aatiee to tape Mccive saiaa. If Applicable Law provfdas a rsaaaoW N before cmt* action can be tdxn, dmt time period will be dcamed to be pwpdft of this PEPWVh. 77r untie of acceleration and UPPOMRI1y to Core glven to SW hsdcaaed to to Suction 22 and the notice of swalmoon Sivett to Born ww pursumt co scetion is swsfy dr notice and opportanky to pipe ounne6ve acdon pmWzbvs or this section 2o. U RMMr+dM 8ahatamm& As and in ft Section 21: (a) "limudeus Subsetwes" arc those -b Emm defntod n ms3e or huadous suhannca, Pollutants, or weatcl by Ettvitotameaal Law and the MUcida. volatile solvaais, m cri4b Containing PAwtox or la or twdc I'mmuldchyde, Proms. oacti pveeatert=ter.ua (biaUaEavhuomental Law" mearaa federal taws and laws ataw jai wip and rPmpwW is adioacd dw 10 hohh. sakq or mvitonmmaal ptotetdo ' (c) "Ezk;omrsastsl aeanap" iaCludes nay nespaasc aar°v. reatedisl action, or tsamoval action. as &Gnrd in Enviromental Law; and (d) an "Environmental Owdidaa'rnonr a caulidos dot can cwre, cone ibuee to, or mherwisc higpr sa Em)rortaxmal aeanap. Bortowsr stall as cause or parnit on presence, tne. disposal, Stange, or rekaae of any Hazardous °Or or d lC°a any i(assmdous Substtmccs, on or bt the property. Borrower shall star do. Law. to 00 errochide m care aw to o o, do, xUddeS ee ft the property (a) that is in vloladoo of any Bnviromnental C. q -dasu oaditiom or (c) which, der to on lmatencr'JWVrTchM Sol a ' etra m a WnMdoa that adversely affects the value of silo Nppmy. smen y or acaa that ant operty `?t°ces i two nm pr of aural! q." us ?' recogaiaed to be ?= the ?0I an tlra t try (mss, but cot Imiml as haaNpos regWcgdd no sta2f to"iilaintensnae of Bo"-p'" shag stthsutacaa in ootinp?Produaan). w , of odw action by 2" >'-Vq 6sVC Lettder written trades of (a) any investg tkRk Claim. demand. lawsuit Na?rdora SANUM or W or tag thatmy same or pdvm vrttg thopmy and (b) easy Nk"S vtroanaOW Law Of??wjyrh?t Borrower h- -c ' ft ?+dida4 > .end () MW sar.dition teased s cheat , release or thnmL of thdo of s obsrattpt srii i? by Ulu lu p upmm a release of • •ty .Neer the vataa of the Ptppprgr, !f Borrower !nuns` Cris nor) fjord by tka04- for sap fttoey andrtiq, or aqy Pie ". amt My Mmo"d as *d* rcmeftdon army stmes6sri at boas in W4*g tht ftwv la -MY. borrower shill prons* tdo alt necessary Mader fastan 8mbonntr t CT n !Law. Nedatng Wain dtnlt create arty obligation on 1saMMIFsa"40e %o ft-/arwo r+m Me U. tavttrons tNBTRUMMrr MWAR tnpatry-4Ma (Pupil opr#W,rl V- a0a llat na?or.naossw,anonx a rn°ai -i 1K 1845 P& D ? 90 OK 1943PG2596 MN4DINk RN OUVSNANU. Bmwwar and Leader firdrar = ea" tttrd ttgree sa follower . Bl.asvttar's btvel h afof H• 4wdc9r tlwn Glee oaliae M Baetowsr prior tb a?stkp bBowittg Denvo esn rmA army ? Or u et b " Steady l ssinfineol (but not prior to xmkr dm mad- Sedfam Ilg 11? (UA= 8) tpe Ap "6914 pilrabla Law prwvidaa olherwlrs). L.A. aban notify 5 U16 k and damee W 4 "O tb* "6914 (b) the 801001 ffvgW l a ewe the default, (c) when of the s-WA Mad ttetatrtd by t to COa We dda dt as gwdM d may rmult in wie at the y Sesug* forad me by Judleial pro zeedieg and 00 Owt In am m tv. Lender f mu N row lafonn Borrower of me right to rdastate dta Acceleration and the aP{ W prorsdb%the nom" t Oom ore deft" m may other delkasa of Hoerwar is scadeettem and [Itrarlanm K do deftO is mt Cured as spedllad, [.ender at its o fktbw MMn tort' re11pabs i stahMtaoa peprhnant ba fire crap awes ttcaesd by Ob Security hmatement witltoat low Awealme tlds saeorty iq?wnaot by JuMdN Pmueding. Lends, AM be 4110101104 40 dommad MW ems` ON M"m bat at It ithed tq J0~ ? ?g?tr ft-ON the ? lg p to M d SeClJW 22, by Ai abl edtng, 23. 14 UP?n i of all tSam seemed by tibia seurrity a,men4 tlsis?sawnty Inawment and the Sauer cmveYW sh'M mat and become Void. Ater each occurrence, Lq,der shun diSehargn and 1111107mllall. Awrowar Am lay any recordation oasts. I.tatkr may charge Borrower a ft ?? bl sty (netrtmML but only If the hs is paid to a third patty for arvim mxdc ed and the 2' liYWvessL liottawer, 1w the cums tied by Applicable Caw, wAivea sad releases any enoY or d4m In paoraediW w mfatm ihit SCMWIY Imtmmmr, and hereby waives the benefit of any pn*cnt or providhtg for My ofettecudm4 cateaiden oltime, mtempdW dam attachment, levy and sale, and 25. Relnslltfnnest ft . Borrower's time to roinstam Provided In Section 19 shall extend to one Ilm prim b dw C01"T"COCNIFIGNt Of.bidding at a shetilf'¦ Sale or other sale pumWt to this Security 26' use Ivtmtey Mortgage, if any of the dept ateurod by thaw Security Instrument is lent ra BoRm w to a gdm tide m the Aaparty,11118 Smadty lm wmertt shall t>a a pmcham money mongogo. 27- 4od oa 11ta Notre ?? Ju ft M RI Boa owtragmcg dtat d* inm mrc n to payeble aRu a judgm"t is Ntxe wAftasP forwlomm shsll be, the rate payabIc ream time (o time under 1.YAMA--6faala N?IIY-?k twir m. MWOUM II,M,, r Nero 7034 t/al rtmgwarryaH?alOti ()tiswm.IJ4~) trrantagh}atrs.oao er "itFm"O. rti, it '3K 043 P& a-"O UK 1943PG2597 - ]BY S1GNM BELOW. satrower w t:pts and RPM to the arms rand t:oronaasa conuuned in pages i through 16 Of [big Sccwity )rwtrJMeaL and in any Riderexta:uad by Bormwar am recwfio with lt, 7'r A MACAK •Ow-ar JUDY F ACAK 6arrywp (seal) (Seal) -Borrower •Bmower (Seal) (Seal} -9mroww -aonowpr Wiatese: Wimesn: ? A-L- PMMVLVAW--4hjstaPaaYgti-pmaieUMNY lakMacUNIPOAMIPMXt 1m hten?JO1.Ili 1?N1 tmeoaouatwnHtgaa !Poor), 416swrstrrl flown WtFWwo-n430 flHlt nit "?K ?Q43 P& 259'T 3K 1943PG2598 Smte of PrbnaylvMIM C*0-W -f CUMBERLAND M this the Ord ft a 61hch nos bcfam me. d" andasigfhad ufi-• P-IMA,Y Wcarrd SCOTT A MACAK, JUDY P MACAK k, a to me (or st rify p_, d) m hs the petsan(s) whose =RWS) sahdul sod to the within inawncnc end adroowkdped brat exccutod the some fur the purposes thaein tnamined. IN WITNESS WMMUM, I hemm w sat my heed and official seal. Maginot psMhrYdaal [144MMM"TMM Tui. arornv? My commission expires: After 3kchxdioa Mourn To. FWT WC FINANCIAL SER%I=, LLc M W. "LL MONO BLVD. 8.1 ikM ri M tF, SMACH, FLORIDA 33441 CERTIFICATE OF RESID1114M L ScattTaylar do b'mby =FfY dtet the cotton address of the Whhin named lender is 700 W, HILLSBORO BLVD. 13-1 M40 CEMWELD BEACH, FLORIDA 33441 Wlft? my hand thin 3rd day of I INCIN 2006` Arcah orLcsaa ORNNsvLVAML4-Mn&Fm b--& &IWvrmdkM UMpogmga UMRMr ea.a,3M ust M WINKIGV Mt-esw (rya, la4f/6 iaau! iraarmk wtos?oraseaacs"nsh' -uk 1g13 P6 a HK ! 943PG2599 ADJUSTABLE RATE RWFR 9,MOR 8h* Iamb fidest (As Po61Mhed In The Wolf Strrrr./awnj -Rate Cape) THIS AM LISTABLE RATE RIDER ip rude tlda 3W day of March 2006 and it hraarpaamd iRm NEW shall ba deemed to amend rod Supplement the Mort mr- peed of That, or Smialty Dead (die "Security Imbuoemt") of due aemm daw given by the undarei d "Bwrmvct') to Bewower's Adjatgoble Rote Now (the "Noic-) to BM ( secure FMT NLC RNANCIAl. $E MMCK LLC r'L=0nrj of duo tone date and covering dw pmpany dw ibed in t1tE Seca ft Iurrumcnt and located ae 707 BRENTON STREET SHIPPENSBURG. PA 97257 ferns aduwJ TIM NOTE CONTAINS PROYLSTONS ALLOWING FOR CHANGES IN THE WrOtU RATE AND THE MONTIlLy PAYM M. THE NOTE X.IMITS THE AMOUNT BORROWERS INTEREST RATR CAN CHANGE AT ANY ONE TIME AND I= KAXBIIUM RATE BORROWER MUST PAY. ADDITIONAL CQVMANTS. In addidon to the Covenanu and 36mements made in the Security rostrum-t. tortower and Lender fonNw covenant and epee as follows: A. BVTBREST RAZE AND MONTHLY PAYMENT CHANGES The Nests pmVides for an imidnl interest rate of 9.8800%. The Note pmvide's for changm in due inimm role am dte asna y payments, u follows: _.:.: 0. RATE AND MONTHLY PAYM9M CHANGES UJ Change DNA1 The hourcK"I will Pay may cli mp all duo first dey of April 2W8 and on OU day ayary shah month dw4eatfter. FAch doge on which my intercu rape could change is galled a "Chmp Dale." (a) The JLidex RIOANS W101 the AM Change Deus, my htttottst rate will be based on an Indoa. The "Index" is the swinge of b mbeak aff%W r>ns for six snondt O.S. dollars depoafD in the L oodon mariict C'IABOR' l as PWWi& d In 71rr wall Sneer Jortr d The moR rrteertt Isdex Rates available at of the fret "Llurot ItY s eta mood[ 11-4010Y Presng the m" in which the Chango Dam owuns Is called the ¦R11 LA JW AptgltATrdames-uoOILM&NOlYrrtWVEX(ASt'naLtOWR49tr8WAU.y7 Ur /hsr r dJ ptrlvl 7aau01wf 16"On agpteaeu FttcKwasemt tawat0a?i -? K I a4a f& D&OD HK1943K26UU It the, Index la m 10W availabK die Nom }folder will dKKM a new index that is based upon compMabfe infatppt AM 7711 Norte Holder will Five mot nuem of this ahoicc. (C) Cakuh doe of Cbangn 801011 arch [711025 Dace, the Nee HWdcr Will Qdculala MY new low st rape by adding men mood one Haft FCMMNP Pis ( 7.3M%) 0 t)k Currant Index. Sgb*t Io file limits at" in Section 4(I?) bekN4 9& wanvi1t will be my new gttereat rang untr7 The next t;b VV Dare. 7111 Nola Bolder will then deterrnine the amount of the monthly payment that would be sufieiont to MM dre rep id PrACW drat 1 am expecmd W owe at the Change Dare in full co the Matnrtty Date at my ? is"M MM D ""d-deily cowl payments. 7f c rum* of this culcubatian will be the new amount of my maeMy prsynaeot. (D) L MAr 0n le1vb Irate Chaluvw 'floe Inw est rase I oa tapnbW to pay at Ste rust Chartga Daft: will not be Gmter than 12.8900% or lass dan 9.88M. 7ftmmhw. MY interest rate will never be increased or daaeased on any single t bOnga Daps by mac than Otte wW One Half pOuM4v PobMU( 1.SM111%) fivm five rate of Interest I have been paying for the preceding she tttoencL My httc" rsfe Will never be greater than 16.090096 or less than 9.290036. (E) walive Date or chlr4 o * new bb2wt rota will beoome effective on exh change Date. I will pay the anatmr of m now 1000ddy payuetrtt beginning to des fist moathly payment date nfrr the Change Date until the amount of my M-M* Payatgrt ciag9oa agtde. (1) lolatimorchenges 11he Now louder will delivar or mail tome a entice of aoy changes in my into= rata and the amnunt of my trtadthly payment befare gm effective date of any change. The notice will ineludc information mquited by lent M be given me to and also the We and telephone number of a person who will answer any question I 'my have tc2rtding dte Mail= B- TUNSIM:OIFr77tEPROPMTYORAIMEMIFICIALIN'I'$RMINBORROWER =_:z;,__.__._:..•.:. Unifmta Covenant 10 of the Stxtubty InsotttROnt is amended to tend as follows: '1Ltnttufv of Ste Property Pr A BaMfId21 Interest In Borrower. As Used in this Section Ill. 91nratut in on Ihopcty" mama any legs( - botrctidod Intem in doe PropcM, including, but not 16401011110, thoso henc"I intetesrs tnaWWFdd is a bond for deed, canbaet for deed, insta0mattt ssfes coarse[ or escrow agreemM the intent of which is the trtttafer of title by Bonowcr at a Noose dsta to nptrttuehasar. If uq or pa' PAR of Ike F-Pefty or UY 1Meutest in the Propafy is sold ter eranefened (or if Bauowel is not a ORMW ptraoq tmd a beonllcial irncrrat in 13otrotvcr is sold or tFunafermd) with sot Letr ws ptlor nutimm ,1.nttder may trq w immediate payment in fu0 of all suutna sawssd by *As SWM* Iusboaogtt. HSWevq. this option shall not be exaciacd by I.uadcr jr such tyfa?* 11 Pt*Aked by Ai*iwhlc Gtw. Lender duo shall not exeuc sa this opdan If- (Pelt 2 %ri paler) /Ntt:ram.autrta Po+aemtst ,-Rk Igg3 P6 dal RK 1943PG260 ! (a) Borrower woom to be Subwltsed W Lender infon union requM by Lander to evalUOte the kNewind tn0sferoe w V a new kaa was being wade to the transferee, and (b) Lender raASOnably deeaa>inas [bas L-W* wmity wilt nat be impaired by the it= &"wnptioa and that the risk of a blpCh of any eortsaeat ter w- w- in this Sanctity Inshwm, is aRbeptabla w Leader. To the CMM9 PM dMd by AppGaeble Law..jptder may akrspe a Mmtombte kt as a uarrd4i0n to L.eddar•s 001111011 10 the laws UWwpliwt. Lender also may rapire the aarz& era to rbga as aswmpuan tryeeakst that is mcwtabla to Lender and abet ob9ga w the transfave [o keep all [be P°MfM and altmwbwnu atade In the Note and in this Security lwwvmom Bonowor Win caatinue 4 bo obligated under die Plums ad this Security InMMtM1 unless Lender releases Anw9 KIllwridag. Jr Lends: pbeemba dre aptiatt 10 toques imnrdlate psybaeat In full. Lender shall give Bonowar MkC of ANOICradoa, The nodoa shop pmWde a pedod of not lon then 30 days from bites rlw the ttatiee is Overt in aacoadsnoa with Section is widda which Bormhw [Waal pay all auras "Camd by this Security IUMO eat. If Borrower fails to pay [lase mutes prier to the tsbtpitatiw of th)a ptai'A Lender may invoice any tenrredim perndaud by this Security Initramea[ wWw" feeder notice cc demand an Borrower. 6Y SIGNENO RMA) y, Borttrwer ects a0d agrees to dbc W= and covenants contained in pages 1 dmgh 3 of this Adjustable Rate Ridor. `l 1 WrG' (Seat} D77 A MACAK 8"(auawer) JUDY F INACAK B.rmw w (Sesol) mrw?...?- _ ?. (Steal) •sorr? -Bwmwer (Sea]) (Seal) .... -9eneria '1t101:ttti"N""Goo (rtia.3aJFpp+l Rkcr!.wnos*3 (ata+eean ?K IR4? Pew .?bOz 9K 11343f$2602 ZM=zf W,* Zm"L n xim =PTICK JIU.L tbs! Certain Pal 09 laud and iaprordwwnts thereon situate in the soraph of LV, Daaoty of 0s*arlao4 and Cssw=waalth of lenn*yiraaia, Jwd daaignated as Paraal No. 32-33-%671-012 and ma" fully d*sasib*d is a Dead dated Doom&mr 27, 2002 and raoord*d Daa=b*t 30, 2002 is LNaberland Ommty in Dead soak vole 2$5 at Page 761. granted and oonvwy ed onto 9oott ]1, uaoa>< &ad Judith F. lateen[, husband and wire. 5c recorded County PA 7 i R??,,.der of Deeds M 19.43PG2603 ADJUSTABLE RATE NOTE (LIBOR Six-Month Index (As PeWished In 71re Wal13treet lorrntal) -Rafe Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INMEST RATS AND MY MONTHLY PAYMENT. THIS NOTE LIMM THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. March 03, 2006 STATE COLLEGE Pennsylvania Nate) 707 BRENTON STREET [slow SHIPPENSBURG, PA 17257 [FraP ny Add>e>al 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. S 158,950.00 (this amount is called "Principal'), plus Interest, to the order of Lender. Lender is FIRST NLC FINANCIAL SERVICES, LLC I will make all payments under this Note in the form of cash, check or money order. I understand that Lender may transfer this Note. Lender or anyone who takes this Nose 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 9.8900%. 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 I will pay both before and after any default described in Section 7(13) of this Note. 3. PAYMENTS (A) Time and Place of Payments I WIII pay principal and interest by making a payment every month. I will malae my monthly payments on the rust day of each month beginning on May 01, 2006 1 will make these payments every mouth until I have paid all of the principal and interest and any atbcr charges described below that I may owe under this Note. Each monthly payment will be applied as of Its scheduled due date and will be applied to interest before Principal. 14 on April 01, 2036 , I still owe amounts under this Note, I will pay those amounts In fall on that date, which is called the "Maturity Dace." .x I will make my monthly payments at FIRST NLC FINANCIAL SERVICES, LLC 700 W. HILLSBORO BLVD. B-1 #204, DEERFIELD BEACH, FL 33441 or at a dillercnt 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 1,382.00 This amount may charge. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my hen and In the interest rate that I must pay. The Now Holder will ¢etarmine my now Interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. MULTWAT0 AWI STABLE RATE NOTL- ,180R SIX-MONTH INDINX (AS PUBLIS 1 D IN Tyg lVALL S=8rJ0UANAI)- stagk Fatally (Page t gr4pagetl FNLGFmn3=19L1 10wss9061 30280014115 1001009100011100002 0 0 4. INTEREST ELATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The Interest rate I will pay may change on the Mt day of April 2008 , and on that day every sixth month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the last Change Date, my Interest rate will be based on an Index. The "Index" is the average of interbank offered rates for sh month U.S. dollar-denominated deposits in the London market ("LIBOR"),'as published in The Wall Sheer JouraaL The most recent Index figure available as of the flat business day of the month immediately preceding the month in which the Change Dam occurs is called the "CurtcatIndex." If the Index is no longer available, the Note Holder will choose a now 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 Seven and One Half percentage points ( 7.5000%) to the Current Index. Subject to the limits stated in Section 4(D) bolow, this amount will be my now interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufiicicnt to repay the unpaid principal that I am expected to owe at the Change Date In lull 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 12.8900% or less than 9.890096. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than One and One Half percentage points ( 1.500096) from the rate of interest I have been paying for the preceding 6 months. My Interest rate will naverbe greater than 18.890096 or less than 9.890096. (E) Effective Date of Changes My new Interact rare will become' effective on each Change Date. I will pay the amount of my new monthly payment beginning on do feat 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 Interest rate and the amount of my tttontfily payment before the effective date of any change. The notice will include Information requited by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5, BORROWER'S RIGHT TO PREPAY THIS SECTION IS SUPERCEDED BY THE ATTACHED PREPAYMENT RIDE I have the tight to make payments of Principal at any time before they are due. A payment of Principal only is known as . 4 a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not dasignate a payment as a Prepayment If I have not made all the monthly payments due under this Note. I may maim a full Fielmyment or partial Prapaynaxtts 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 this Note. If I make a partial Prepaymem, 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 due 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 Imarast 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 gohnoction with this loan exceed the permitted limits, damn: (a) any such loan charge sbnU be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me that tatcceded permitted limits will be refunded to ma The Note Holder may choose to make this refund by reducing the principal r owe under this Note or by making n direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 100195910001806002 (Payu 2 gF4POS-) FNLa F.m 3WIIL2 (01MM) 0 0 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 Ten calendar days after the date it is due, I will pay a Iate charge m the Note Holder. The amount of the charge will be 5.0000% of my overdue payment of principal and intemest.3 will pay this We charge promptly but only once on cacti late payment. (B) Default If I do not pay the fall amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am im default, the Note Holder may send mo a written notice telling me that if I do not pay the overdue ammnt•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 oche on that amount That date must be at least30 days after the date on which the notice is mailed to me or delivered by odium means. (D) No Waiver By Nate Solder 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 Holder will still have the right to do so•if I am in default at a later time. (E) Payment of Note Solder's Costs and Expenses If the None Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid beck by ine 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. S. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to mender 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 mast be given to the Noce Holder tinder 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 adldress if f am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more then 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 perm individually or against all of its together. This.ttaxtns dint any one of us may be required to pay all of the amounts owed under this Notts. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Pre sennmenf' means the right to Acquire the Note.Holder to demand payment of amounts due. "Nudge of Dishonor" means the light to require the Note Holder to give notice to other persons that amounts due have not been paid. 1L UNIFORM SECURED NOTE This Nose is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Noce, a Mortgage, Deed of Trust; or Security Decd (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses that might result if I do not keep the promises that I make in this Now That Sacmity Instrument describes how and under what candidom I may be mph-ad to make immediate payment in full of all amounts I owe under this Note. Some of those conditions read as follows: Transfer of the Property or a Bendipal Interest in Borrower. As used in this Section 18, ,Inum~st in the Property" means any legal or beneficial hnarost in the Property, including, but not Iimiled to, those benofidai interests transferred in a bond for deed, contract fur dead, installment calms contract or escrow agroemcnt, the intent of which is the aamsfer of title by Borrower at a future date to a purchaser. 100195910001e060az fPage 3 e14 fioser) F?aeraeeamhsu twaROOSt 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 bcmrcW interest in Borrower is sold or transferred) without Lender's prior written consem Lender may require immediata payment in full of all stuns secured by this Security Instrwnent. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lepdcr also shall not exercise this option It (a) Borrower causes to be submitted to Leader information required by Lander to evaluate the intended transferee as if a new too were being made to the transferee: and (b) Leader reasonably determines that Leader's security will net be impaired, by the loan assumption and that the risk of a breach of any covenant or agreentent in this Security Instrument is acc"him to Leader. To the attest permitted by Appliicablp Law, Lender may charge a reasonable fee as a condition to Lender's consent To the Iona assumption. Lender also may require the transram to sign an assumption agrocmont that is .acceptable to [Lender and that obligates the transferee to kopp all the promises and agreemetas made in die Note and .in this Security Instrumem. Borrower will continue to he obligated under the Note and this Security Instrument unless Lender telesses 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 that 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all suns secured by this Security Instrument. If Borrower fails to pay there an= prior to the expiation of this period, Lender may invoke any remedies permitted by this Security Instrument without further uodca or demand on Borrower. Borrower has executed and acknowledges woelpt of pages I through 4 of this Note. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIONED (Seal) 1X/ "I! ?• (Seal) f SCO A MACAK -Borrower JUDY F ACAK .Burrower (Seal) (Seal) -tlonearer .Bornmer Yr? :.art .. (Seal) (aSeal) -Summa -Sommer (Sign Orighial Only] 100185919"160=2 fhsa4014Povs) FDaefwma]alKA 04 ...................... OCWEN Loan Servicing,' 12650 Ingenuity Drive O C W ... E ."... N Orlando, Florida 32826 September 30, 2008 Judy F. Macak 707 Brenton Street Shippensburg, PA 17257 WWW.OCWEN.COM VIA-First Class Mail . VIA -Certified Mail (return receipt requested) Certified Number:- 71069017515123'177621 _ Reference Code: 0808 Loan Number: 5455027 Property Address: 707 Brenton Street , Shippensburg, PA 17257-0000 PLEASE SEE THE ENCLOSED DOCUMENT 1 ? CL This communication is from a debt collector attempting to collet anv information obtained will be used for that purpose. %1 DACT91.11 a debt; . ... .................. OCWENLoan Servicing, 12650 Ingenuity Drive o - c . W e N o Orlando, Florida 32826 APPENDIX A September 30, 2008 ACT. 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE WWW.OCWEN.COM This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (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 THIRTY (30) DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving Your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800- 342-2397 (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. USTED PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: Judy F. Macak 707 Brenton Street Shippensburg, PA 17257-0000 LOAN ACCT. NO.: 5455027 ORIGINAL LENDER: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CURRENT LENDER/SERVICER: OCWEN DACT91.11 This communication is from a debt collector attempting to collect a debt; anv information obtained will be used for that purpose. a . :.....................X OCWENLoan Servicing, 12650 Ingenuity Drive o - C C W E -.. N Orlando, Florida 32826 WWW.OCWFN.COM O W HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY , THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE --Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face- to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED"HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). DACT91.11 This communication is from a debt collector attempting to collect a debt; anv information obtained will be used for that Durpose. OCWEN Loan Servicing, 12650 Ingenuity Drive o c w e -N Orlando, Florida 32826 WWW.OCWEN.COM 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: 707- Brenton Street', Shippensburg, PA 17257-0000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 2 payments in the amount of $ 1,893.27 from August 01, 2008 through September 30, 2008 DETAIL SUMMARY : Prin6pal and Interest.................................. $ 3,273.16 Interest Arrearage ..................................... $ 0.00 Escrow .................................................. $ 0.00 Late Charges ........................................... $ 245.49 Insufficient Funds Charges ........................... $ 0.00 Fees / Expenses ........................................ $ 10.64 Suspense Balance (CREDIT) ........................ $ 0.00 Interest Reserve Balance (CREDIT) ................ $ 0.00 TOTAL DUE .......................................... $ 3,529.29 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 $3,529.29, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be-made either by Money Gram Cashier's Check Certified Check or Money Order..made navable and sent to: OCWEN P.O. BOX 6440 CAROL STREAM, IL 60197-6440 IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paving the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and 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. DACT91.11 This communication is from a debt collector attempting to collect a debt; anv information obtained will be used for that purpose. :......... ........... OCWEN Loan Servicing, 12650 Ingenuity Drive ....._` O C E _ N Orlando, Florida 32826 W WWW.OCWEN.COM EARLIEST POSSIBLE SHERIFF'S SALE DATE'-- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You- may find out at any time exactly what the required payment or. _ action will be by contacting the servicer. HOW TO CONTACT THE SERVICER: Name of Servicer: OCWEN Address: P.O. BOX 24737 WEST PALM BEACH, FL 33416-4737 Phone Number: 800-310-9229 Fax Number: 407-737-6300 Contact: Performing Collections Dept. EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU.MAY ALSO HAVE THE RIGHT: TO SELL THE 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 (3) TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY DACT91.11 This communication is from a debt collector attempting to collect a debt; anv information obtained will be used for that purpose. ................ .. OCWEN Loan Servicing, 12650 Ingenuity Drive o c w e N Orlando, Florida 32826 September 30, 2008 WWW.OCWEN.COM VIA First Class Mail VIA Certified Mail (return receipt requested) Certified Number: 71069017515123 i 77614 Reference Code: 0808 Scott A. Macak 707 Brenton Street Shippensburg, PA 17257-2115 Loan Number: 5455027 Property Address: 707 Brenton Street , Shippensburg, PA 17257-0000 PLEASE SEE THE ENCLOSED DOCUMENT DACT91.11 This communication is from a debt collector attempting to collect a debt; anv information obtained will be used for that purpose. OCWENLoan Servicing, 12650 Ingenuity Drive ;.....' O WE *N Orlando, Florida 32826 C WWW.OCWEN.COM APPENDIX A September 30, 2008 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help 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 THIRTY (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 Houslne Finance Agency toll free at 1-800- 342-2397 (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information If you have any questions representatives at the Consumer Credit Counseling Agency may be able to help explain it You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. USTED PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: Scott A. Macak 707 Brenton Street Shippensburg, PA 17257-0000 LOAN ACCT. NO.: 5455027 ORIGINAL LENDER: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CURRENT LENDER/SERVICER: OCWEN DACT91.11 This communication is from a debt collector attempting to collect a debt; anv information obtained will be used for that purpose. :01 OCWENLoan Servicing, 12650 Ingenuity Drive WWW.OCWEN.COM O C W E N Orlando, Florida 32826 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE TROGRAM IF YOU COMPLY WITH THE PROVISIONS OF THE.. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "•ACT"), YOU MAY 'BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE --Under the Act you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice During that time you must arrange and attend a "face- to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED"HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). DACT91.11 This communication is from a debt collector attempting to collect a debt; anv information obtained will be used for that purpose. .:................ .: x OCWENLoan Servicing, 12650 Ingenuity Drive 0 Orlando, Florida 32826 ocweN WWW.OCWEN.COM HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date). NATURE OF THE DEFAULT --The MORTGAGE debt-held by the above lender on your property located at: 707 Brenton Street, Shippensburg; PA 17257-0000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 2 payments in the amount of $ 1,893.27 from August 01, 2008 through September 30, 2008 DETAIL SUMMARY : Principal and Interest ...... :.......................... S 3,273.16 Interest Arrearage ..................................... $ 0.00 Escrow .................................................. $ 0.00 Late Charges ........................................... $ 245.49 Insufficient Funds Charges ........................... $ 0.00 Fees / Expenses ........................................ $ 10.64 Suspense Balance (CREDIT) ........................ $ 0.00 Interest Reserve Balance (CREDIT) ................ $ 0.00 TOTAL DUE .......................................... $ 3,529.29 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 $3,529.29, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by Money Gram Cashier's Check Certified Check or Money Order made payable and sent to: OCWEN P.O. BOX 6440 CAROL STREAM, IL 60197-6440 IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SATE -- 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 paving the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and 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. DACT91.11 This communication is from a debt collector attempting to collect a debt; anv information obtained will be used for that purpose. OCWENLoan Servicing, 12650 Ingenuity Drive to: '-..._........._ O C W E N Orlando, Florida 32826 WWW.OCWEN.COM EARLIEST POSSIBLE SHERIFF'S'SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment- or action will be. by contacting the servicer. HOW TO CONTACT THE SERVICER: Name of Servicer: OCWEN Address: P.O. BOX 24737 WEST PALM BEACH, FL 33416-4737 Phone Number: 800-310-9229 Fax Number: 407-737-6300 Contact: Performing Collections Dept. EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the 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 (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE 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 (3) TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY DACT91.11 This communication is from a debt collector attempting to collect a debt; anv information obtained will be used for that purpose. J, ?av1i. 4GiOG Gy 11th s aV?fv 2007-02380 U S TREASURY DEPARTMENT (vs) MAC"- SCOTT A ET AL F?led........ : 4/25/2007 Reference No..: Case Type.....: FEDERAL TAX LIEN Time......... : 12:54 .judgment..... 14778.76 d n i d Execution Date Jury Tr al. 0/00/0000 00/0000 : e g ge Ass Ju Date. 0/ Disposed Desc _.-______--- Case Comments •------------ Hig her Crt I.: Higher Crt 2.. fo I General Index n ttorney pT,ATNTTFF ERr oom r OtIR ? coo ic n'. OI' PITTsBT R 1000 LIBERTY AVE PITTIODUROII PA 1,5232 9074 MACAK SCOTT A. DEFENDANT 707 BRENTON ST SHIPPENSBURG PA 17257 2115 MACAK JUDITH F DEFENDANT 707 BRENTON ST SHIPPENSBURG PA 17257 2115 Judgment Index Amount Dace Desc MACAK SCOTT A 14,770.79 4!25/2007 TAX LIRM MACAK JUDITH P 14,718.76 4/25/2001 TAX LIEN w**x*z*kx,rlkflww+rw*wir*ir*t**,r-k***t**t*W'XWw?r,r+k?***w*****WW'?Wt*****w?tWtW**;r*****Wwww* * Date Entries xittw9[W*1tWWWWWYrlkWwW'?r*W't**it***?r?t**atWwWYrWvFW*wix*ict**Ww%?kW**?t*'YW9r*?"f?t*?I'*wW'k9tw#W**? - FIRST ENTRY - - - - - - - - - - - - - - 4/25/2007 FEDERAL TAX LIEN IN THE AMOUNT OF $14778.75 _ _ _ _ LAST ENTRY - - - - - - _ - _ **w***wwt**irrtir*irir?hir*'+E'*?rdest'4w*wy?*vC?l?wdrxw,ktx?Fir****ic*,rw*xwic*?e,F**ww'kw.rvr***#+F?'?wwWWWia? Escrow information End sal w * Fees & Debits BedwBa Pymts/Add ?Irelr*w,r**ie*i:irira***+k*wwwwwxxwwxyrwwx *aw,t.?** wwwwyr* **www*wwwxxtF*xwwyrwWww**7k7kW***e* FED TAX LIEN 15.00 15.00 .00 AUTOMATION FEE ------------ ------------ ------19.00 19.00 .00 wwwxsr,ex*t******+t*xw*w**fe***tittttw*-r**x?r*,kic***f****Ww***?`**'?w**ic#ir*#*wx******tx* End of Case Information **ww**w,rw+?***,t?r**wwwwww,rwwwww*r,?*xwa?w****w******'?****?"www****waawwwxx****wwwwwww* 4 „DM E)61? w. r r.r -+iv Viii 4MliG r. .4 J•?a?. 2007-.02902 U S TREASURY DEPARTMENT (vs) MACAK SCOTT A. Reference NO... Filed......... 5/15/2.007 Case Type...... FEDERAL TAX LIEN Time.......... 11:10 Judgment...... 35204.30 Execttion Dace 0/00/0000 Ju e A siggnned: Jury `Trial. Date Disl3osed DISC : Dispposed pate. 0/00/0000 ------------ Casa cami6ata -------------- Higher' overt I.. ?**,t,t,rw,?*w*w?*w**w*,tww*w*,t,t,r,rwwwww*?,?w?wwwwwwww+?ww*w****ww*w,a,vwwwwww**k,r*t?,:r**w* General Index Attorney Info PITTSB H OFFICE ROOM 808 PLAINTIFF 1000 LIBERTY AVE PITTSBURGH PA 15222 9974 MACAK SCOTT A DEFENDANT 707 BRENTON ST SHIPPENSBURG PA 17257 2115 Judgment Index Amount Date Desc MACAK SCOTT A 35,204.30 5/15/2007 TAX LIEN wwwwwwwwwww*wwwwww**w*w*ww*ww*#wfr,kw#ir**ir,k?F*w#?f?#ItXWwww*,tde*iek?:w**+FwYewoN*iairwwwlrwwxw * Date Entries w wwww,rwwwwwwww.?awwww??a•?wwwww?,wwwwwww???•wwwww?•www+w.rWWwy?r?.r,-++t7ttt*rrtrrwtrtrtr,r - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 5/15/2007 FEDERAL TAX LIEN IN THE AMOUNT OF $35204.30 - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - w+t*,tw*rr,kwwwww+rwwwyrwxxxxxxwx?rwwww*xt**srw*,txw*wwwww,rwwwwwwwwwwwwicx*w***w*?r*r+?wwww* * Escrow Information * Fees & Debits Sec?CBalw?rwPymts/Adj End Bat wwlrw*xw*w*k,?*?txwwxxxWxW*wir**?h#* wf4w ,kx*?r*w w4?r*w-krsr**ww*?rw*-w*t*****www*www FED TAX LIEN 14.00 14.00 .00 AUTOMATION FEE 5.00 5.00 100 ------------ -----__---- 19.00 19.00 100 w*?wwyeww,rwww#*www*wwww,awwwwwwwwv.www*w*ww***,r**fxicirw.??rw*,k*,k*?r*w#w»*wwwww*w.irir,r,a*w * End Qf Case Information " wwrrwwww?rwwwwwwwwwwww,aww,tw,?*wwwMrwwwwkkw**w?rwwwwwwwwwwwwiesrwwww*wwwW,t+lwwwwwwwwwwwWw t • U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4 v. Scott A. Macak; Judy F. Macak aka Judith F. Macak; and United States of America VERIFICATION The undersigned is Default Servicing Liaison of Ocwen Loan Servicing, LLC on behalf of U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4 and as such is familiar with the records of said corporation, and being authorized to make this verification on behalf of Plaintiff an officer of the corporation and being authorized to make this verification on behalf of Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Ocwen Loan Servicing, LLC on behalf of U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4 Date: December 31, 2008 Na Jessica as Ti e: efault icing Liaison Co ny. U.S. Bank, N.A. 08-033986 ? ? ? ? na _ . ? ?- ?' -1 a ,, t? C s* ? -r ? ? _4 s ? ? =.[ , SHAPIRO & DeNARDO, LLC BY: H ANA ZION, ESQUIRE ATTORNEY I.D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 08-033986 U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 20064 PLAINTIFF VS. Scott A. Macak and Judy F. Macak aka Judith F. Macak and United States of America DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 09-568-CIVIL TERM PRAECIPE FOR REINSTATEMENT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above-captioned matter. SHAPIRO & DENARDO, LLC BY: J?? a 4( M, Ilana Zion, Esq Attorney for Pl ' 'ff 07 -! i-Y? cp CJ C SHERIFF'S RETURN - NOT SERVED CASE NO: 2009-00568 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND U S BANK NA VS MACAK SCOTT A ET AL R. Thomas Kline Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: UNITED STATES OF AMERICA but was unable to locate Them in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT NOT SERVED , as to UNITED STATES OF AMERICA 228 WALNUT ST FEDERAL BLDG P 0 BOX 11754 HARRISBURG, PA 17108 NOT SERVED-SENT CHECK FOR WRONG AMOUNT; COMPLAINT EXPIRED BEFORE RECEIVING ANOTHER CHECK FOR CORRECT AMOUNT. Sheriff's Costs: So answers- Docketing 6.00 ; Service .00 Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County Out of County 9.00 25.00 SHAPIRO & DENARDO 03/30/2009 Sworn and Subscribed to before me this day of , A. D. (?? ?7i• .lt ?? .. r} /11 l \ , ?", ? rl tJ 11 _ c ?- d It C ? HE SHERIFF'S RETURN - REGULAR CASE NO: 2009-00568 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NA VS MACAK SCOTT A ET AL GERALD N WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE OCCUPANTS was served upon DEFENDANT the , at 0017:55 HOURS, on the 10th day of February-, 2009 at 707 BRENTON ST SHIPPENSBURG, PA 17257 SCOTT A MACAK by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 1 V . V V Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 03/30/2009 SHAPIRO & DENARDO By: Deputy S riff of A. D. `7'F 1r? rt.ll?k? ` r' E?'l L ? Pi I c OW 60oz 46V -n?li 4J SHERIFF'S RETURN - REGULAR CASE NO: 2009-00568 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NA VS MACAK SCOTT A ET AL GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE MACAK SCOTT A the DEFENDANT at 0017:55 HOURS, on the 10th day of February , 2009 at 707 BRENTON STRRRT SHIPPENSBURG, PA 17257 by handing to SCOTT MACAK DEFENDANT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 18.00 .00 10.00 nn So Answers: f' R. Thomas Kline 03/30/2009 SHAPIRO & DENARDO Sworn and Subscibed to before me this day By: Deputy S iff was served upon of A. D. i r?ti?l +' r ci ?JjLjj SHERIFF'S RETURN - REGULAR CASE NO: 2009-00568 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NA VS MACAK SCOTT A ET AL GERALD N WORTHINGTON Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE MACAK JUDY F AKA JUDITH F MACAK DEFENDANT , Sheriff or Deputy Sheriff of was served upon the , at 0017:55 HOURS, on the 10th day of February-, 2009 at 707 BRENTON STREET SHIPPENSBURG, PA 17257 SCOTT MACAK by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing Service 6.00 .00 Affidavit .00 Surcharge 10.00 , R. Thomas Kline .00 16.00 03/30/2009 SHAPIRO & DENARDO Sworn and Subscibed to By; before me this day Deputy Sh iff of A.D. °a IN l 'i.4 wCl ?;f11 ?i.J Sheriffs Office of Cumberland County R Thomas Kline 00'r v of 1?111nGrr<?? Edward L Schorpp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE -IF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/20/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: United States of America, Federal Building, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the with Complaint In Mortgage Foreclosure according to law. 03/30/2009 Dauphin County Return: And now March 30, 2009 I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvan do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upor the within named defendant, to wit: United States of America by making known unto Mark Morrison, adult in charge at 228 Walnut Street, Federal Building, Harrisburg, PA 17108 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 April 03, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF 2009-568 US BANK NA VS UNITED STATES OF AMERICA RLEU-UFFI^E` OF THE y '. -ITAR 2009 APR -b Pi 3: 31 N x SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I. D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 08-033986 U.S. Bank N.A., as Trustee for the registered COURT OF COMMON PLEAS holders of Structured Asset Investment Loan CIVIL DIVISION Trust, Mortgage Pass-Through Certificates, CUMBERLAND COUNTY Series 2006-4 PLAINTIFF NO:09-568-CIVIL TERM vs. Scott A. Macak and Judy F. Macak aka Judith F. Macak and United States of America DEFENDANT(S) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES Enter Judgment IN REM in the amount of $207,858.87 in favor of the Plaintiff and against the defendant(s), jointly and severally, for failure to file an answer to Plaintiffs Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plaintiffs damages as follows and calculated as stated in the Complaint: Principal of mortgage debt due and unpaid $185,874.98 Interest at 9.89% from July 1, 2008 to May 1, 2009 (305 days @ $50.36 per diem) $15,359.80 Late charges $327.32 Escrow Advance $1,014.27 Property Inspections $10.50 Suspense/Unapplied Balance ($-200.00) Appraisal Fees $222.00 Title Search Report Fees $250.00 $5 000 00 Attorneys Fees , TOTAL AMOUNT DUE $207,858.87 BY: Michael J. Clark, Esquire Attorney for Plaintiff AND NOW, judgment is entered in favor of the Plaintiff and against the Defendant(s) and damages are assessed as above in the sum of $207,858.87. 08-033986 /10 . Prothy. SHAPIRO & DENARDO, LLC BY: DANIELLE BOYLE-EBERSOLE, ESQ. MICHAEL CLARK, ESQ. CHRISTOPHER A. DENARDO, ESQ. AND ILANA ZION, ESQ. ATTORNEY I.D. NOS. 81747, 202929, 78447 & 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 08-033986 U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4 PLAINTIFF VS. Scott A. Macak 707 Brenton Street Shippensburg, PA 17257 Judy F. Macak aka Judith F. Macak 707 Brenton Street Shippensburg, PA 17257 United States of America 228 Walnut Street, Federal Building P.O. Box 11754 Harrisburg, PA 17108 DEFENDANT(S) STATE OF: Florida COUNTY OF: Orange COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: ()q- ?% ? -? vj I Tey-,v,,- AFFIDAVIT OF NON-MILITARY SERVICE THE UNDERSIGNED being duly sworn, states that he/she is over the age of eighteen years and competent to make this affidavit and the following averments are based upon investigations made and records maintained either as Plaintiff or servicing agent of the Plaintiff and that the above-captioned Defendants' last known address is as set forth in the caption and they are not in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended. Ocwen Loan Servicing, LLC on behalf of U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass- Through Certificates, Series 2006-4 By: NAM. Jessica D as TIT E Default icing Liaison Sworn to akfibscribed before me this 31 st day of December 008. Notary JAI blic 08-033986 .: ; W COMMISSION A DD 693114 VMS: Jury 9, 2011 ea+adtlKUi?yhiweu. SHAPIRO & DeNARDO, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I. D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 08-033986 U.S. Bank N.A., as Trustee for the registered ; holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4 PLAINTIFF VS. Scott A. Macak; Judy F. Macak aka Judith F. ; Macak; and United States of America DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-568-CIVIL TERM CERTIFICATION OF MAILING NOTICE UNDER RULE 237.1 The undersigned hereby certifies that a Written Notice of Intention to File a Praecipe for the Entry of Default Judgment was mailed to the defendant (s) and to his, her, their attorney of record, if any, after the default occurred and at least (10) days prior to the date of the filing of the Praecipe. Said Notice was sent on the date set forth in the copy of said Notice attached hereto, April 21, 2009 to the following Defendants: Scott A. Macak, 707 Brenton Street, Shippensburg, PA 17257 Judy F. Macak aka Judith F. Macak, 707 Brenton Street, Shippensburg, PA 17257 United States of America, 228 Walnut Street, Federal Building, P.O. Box 11754, Harrisburg, PA 17108 < -_ e 1? Tiffany Donnell, Legal Assistant to Ilana Zion, Esquire for Shapiro & DeNardo, LLC NOTIFICACION IlAMRTANTE Usted se encuentra en estado de rebeldia por no haber tornado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o llame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Scott A. Macak, 707 Brenton Street, Shippensburg, PA 17257 Judy F. Macak aka Judith F. Macak, 707 Brenton Street, Shippensburg, PA 17257 United States of America, 228 Walnut Street, Federal Building, P.O. Box 11754, Harrisburg, PA 17108 9A - 10, ? W)') Ilana Zion, Esq Shapiro & DeN o, LLC Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I.D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 08-033986 U.S. Bank N.A., as Trustee for the registered ; holders of Structured Asset Investment Loan ; Trust, Mortgage Pass-Through Certificates, Series 2006-4 PLAINTIFF VS. Scott A. Macak; Judy F. Macak aka Judith F. Macak; and United States of America DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-568-CIVIL TERM NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Scott A. Macak DATE OF NOTICE: April 21, 2009 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. SHAPIRO & DeNARDO, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I.D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 08-033986 U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4 PLAINTIFF VS. Scott A. Macak; Judy F. Macak aka Judith F. ; Macak; and United States of America DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-568-CIVIL TERM NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Judy F. Macak aka Judith F. Macak DATE OF NOTICE: April 21, 2009 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. SHAPIRO & DeNARDO, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I.D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 08-033986 U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan ; Trust, Mortgage Pass-Through Certificates, Series 2006-4 PLAINTIFF ; vs. Scott A. Macak; Judy F. Macak aka Judith F. Macak; and United States of America ; DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-568-CIVIL TERM NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: United States of America DATE OF NOTICE: April 21, 2009„ You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTMCACION E PORTANTE Usted se encuentra en estado de rebeldia por no haber tomado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o name por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RUL1237.1 NOTICE SENT TO: Scott A. Macak, 707 Brenton Street, Shippensburg, PA 17257 Judy F. Macak aka Judith F. Macak, 707 Brenton Street, Shippensburg, PA 17257 United States of America, 228 Walnut Street, Federal Building, P.O. Box 11754, Harrisburg, PA 17108 9,k&- 5M Ilana Zion, Esquire Shapiro & DeNardo, LL Attorney for Plaintiff NOTMCACION R"ORTANTE Usted se encuentra en estado de rebeldia por no haber tomado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) digs de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o Hame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RUL1,237.1 NOTICE SENT TO: Scott A. Macak, 707 Brenton Street, Shippensburg, PA 17257 Judy F. Macak aka Judith F. Macak, 707 Brenton Street, Shippensburg, PA 17257 United States of America, 228 Walnut Street, Federal Building, P.O. Box 11754, Harrisburg, PA 17108 Ilana Zion, Esquire Shapiro & DeNardo, LL Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 08-033986 U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4 PLAINTIFF vs. Scott A. Macak and Judy F. Macak aka Judith F. Macak and United States of America DEFENDANT(S) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:09-568-CIVIL TERM CERTIFICATE OF SERVICE I, Michael J. Clark, Esquire, Attorney for the Plaintiff, hereby certify that I have served by first class mail, postage prepaid, true and correct copies of the attached papers upon the following person(s) or their attorney of record: Scott A. Macak 707 Brenton Street Shippensburg, PA 17257 Judy F. Macak aka Judith F. Macak 707 Brenton Street Shippensburg, PA 17257 United States of America 228 Walnut Street, Federal Building P.O. Box 11754 Harrisburg, PA 17108 Date mailed: 5 v ? SHAPIRO & DENARDO, LLC BY: Michael J. ark, Esquire Attorney for Plaintiff 08-033986 SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 08-033986 U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4 PLAINTIFF VS. Scott A. Macak and Judy F. Macak aka Judith F. Macak and United States of America DEFENDANT(S) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:09-568-CIVIL TERM CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor (Plaintiff) is: U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4 1675 Palm Beach Blvd. West Palm Beach, FL 33401 and that the last known address(es) of the judgment debtor (Defendant(s)) is: Scott A. Macak 707 Brenton Street Shippensburg, PA 17257 Judy F. Macak aka Judith F. Macak 707 Brenton Street Shippensburg, PA 17257 United States of America 228 Walnut Street, Federal Building P.O. Box 11754 Harrisburg, PA 17108 SHAPIRO & DENARDO, LLC BY: ?? 4 (1--- Michael J. k, Esquire Attorney for Plaintiff 08-033986 RQ-CrFICE OF THE PR OT HM1 Y 2009 MAY -6 Ply 1: 36 PE.iNN iLV,"Ilia 00 p0 A l ?. ,,# 301?`l 1 tog Wo aa??59 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 CURTIS R. LONG Prothonotary TO: Scott A. Macak 707 Brenton Street Shippensburg, PA 17257 U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4 PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:09-568-CIVIL TERM VS. Scott A. Macak and Judy F. Macak aka Judith F. Macak and United States of America DEFENDANT(S) NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the ?abbove proceeding as .ndicated below. IS R onotary [XX] Judgment by Default [ ] Judgment for Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY MICHAEL J. CLARK, ESQUIRE AT (610) 278-6800. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 CURTIS R. LONG Prothonotary TO: Judy F. Macak aka Judith F. Macak 707 Brenton Street Shippensburg, PA 17257 U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, ; Series 2006-4 PLAINTIFF vs. Scott A. Macak and Judy F. Macak aka Judith F. Macak and United States of America DEFENDANT(S) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:09-568-CIVIL TERM NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceedin as indicated below. URTIS G Prothonotary [XX] Judgment by Default [ ] Judgment for Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY MICHAEL J. CLARK, ESQUIRE AT (610) 278-6800. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 CURTIS R. LONG Prothonotary TO: United States of America 228 Walnut Street, Federal Building P.O. Box 11754 Harrisburg, PA 17108 U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4 PLAINTIFF vs. Scott A. Macak and Judy F. Macak aka Judith F. Macak and United States of America DEFENDANT(S) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:09-568-CIVIL TERM NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding a 'ndicated below. CURTIS Prothonotary [XX] Judgment by Default [ ] Judgment for Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY MICHAEL J. CLARK, ESQUIRE AT (610) 278-6800. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4 PLAINTIFF () Confessed Judgment () Other File No. 09-568-Civil Term Amount Due $207,858.87 Interest MU 2, 2009 to September 2, 2009 is $6,983.80 Atty's Comm Costs VS. Scott A. Macak and Judy F. Macak aka Judith F. Macak and United States of America DEFENDANT(S) TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the: below does -not arise out of a retail installment safe, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) See attached Legal Description PRAECIPE FOR ATTACHEMENT EXECUTION issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the gamishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date: 0 9 Signature: Print Name: Michael . Clark Es uire Address: 3600 Horizon Drive, Ste. 150 King of Prussia, PA 19406 Attorney for: Plaintiff Supreme Court ID # PA Bar # 202929 0 1M1 OF THE PRQTHIONOTi 2003 MAY -6 PM t * 36 Pf_fi,dj SYLVANIlA $ay.Oo PA AT'T`/ ?fL.oO Cam' Ito. li ow. OO .• 37.00 " fm. so " 10.00 ~ i4.Oo ?. 01.50" A atoQ.oo - PO §%T q .5a U- e,Jc 3o 1(09 Rx* aaq-is9 RE U)?a JUMA-C--t SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 & D FILE NO. 08-033986 U.S. Bank N.A., as Trustee for the registered COURT OF COMMON PLEAS holders of Structured Asset Investment Loan CUMBERLAND COUNTY Trust, Mortgage Pass-Through Certificates, Series 2006-4 NO: 09-568-CIVIL TERM PLAINTIFF VS. Scott A. Macak and Judy F. Macak aka Judith ; F. Macak and United States of America DEFENDANTS AFFIDAVIT PURSUANT TO RULE 3129.1 U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4, 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 707 Brenton Street, Shippensburg, PA 17257. I . Name and address of Owner(s) or Reputed Owner(s) Scott A. Macak 707 Brenton Street Shippensburg, PA 17257 Judy F. Macak aka Judith F. Macak 707 Brenton Street Shippensburg, PA 17257 2. Name and address of Defendant(s) in the judgment: Scott A. Macak 707 Brenton Street Shippensburg, PA 17257 Judy F. Macak aka Judith F. Macak 707 Brenton Street Shippensburg, PA 17257 United States of America 228 Walnut Street, Federal Building P.O. Box 11754 Harrisburg, PA 17108 4 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4 1675 Palm Beach Blvd. West Palm Beach, FL 33401 PA Dept. of Revenue Bureau of Compliance Dept. 280946 Harrisburg, PA 17128-0946 4. Name and address of the last recorded holder of every mortgage of record: U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4, Plaintiff 1675 Palm Beach Blvd. West Palm Beach, FL 33401 Dwight and Joann Martin 18321 Dry Run Road West Spring Run, PA 17262 5?. Name and address of every other person who has any record lien on the property: United States of America 228 Walnut Street Federal Building P.O. Box 11754 Harrisburg, PA 17108 United States of America Office of the Attorney General U.S. Department of Justice Room 5111, Main Justice Building 10th & Constitution Washington, DC 20530 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 . 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 707 Brenton Street Shippensburg, PA 17257 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. SHAPIRO & DENARDO, LLC BY: \ " n V M ha el J. Clar,Esquire 08-033986 a RLO-OFFIC,S OF THE PROTONOTARY 209 MAY -6 PIS 1: 36 ?' ,,:XJNTY PE:IMNSANANIA SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I. D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 08-033986 U.S. Bank N.A., as Trustee for the registered COURT OF COMMON PLEAS holders of Structured Asset Investment Loan CUMBERLAND COUNTY Trust, Mortgage Pass-Through Certificates, Series 2006-4 NO: 09-568-CIVIL TERM PLAINTIFF VS. Scott A. Macak and Judy F. Macak aka Judith F. Macak and United States of America DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Scott A. Macak 707 Brenton Street Shippensburg, PA 17257 Your house (real estate) at: 707 Brenton Street, Shippensburg, PA 17257 is scheduled to be sold at Sheriffs Sale on September 2, 2009 at 10:00 am, in Cumberland County Sheriffs Office, 1 Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of $207,858.87 obtained by U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4 (the mortgagee) against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be cancelled if you pay back to the mortgagee the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 1. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 2. You may be able to stop the sale through other legal proceedings. 3. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. y 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 (610) 278-6800. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. The sale will recorded only if the purchaser pays the Sheriff the full amount of the bid. To find out if this has happened yet, you may call the Sheriff's Office at: 717-240-6390. 4. If the amount due from the purchaser is not paid to the Sheriff, the sale must be rescheduled. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings, if necessary, to evict you. 6. You may be entitled to a share of the proceeds, which were paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff within thirty (30) days from the date of the sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of said schedule of distribution. 7. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTIONS PRACTICE ACT, THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 08-033986 ALL that certain tract of land in the Borough of Shippensburg, Cumberland County, Pennsylvania, being Lot Nos. 22 and 23 of Block "I" of a plan of Hallwood Heights as recorded in the Office of the Recorder of Deeds in Plan Book No. 5. Parcel No. 32-33-1871-012 BEING the same premises which Dwight L. Martin and Joanne S. Martin, husband and wife by Deed dated December 27, 2002 and recorded in the Cumberland County Recorder of Deeds Office on December 30, 2002 in Deed Book 255, page 761, granted and conveyed unto Scott A. Macak and Judith F. Macak, husband and wife. } SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I. D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 08-033986 U.S. Bank N.A., as Trustee for the registered COURT OF COMMON PLEAS holders of Structured Asset Investment Loan CUMBERLAND COUNTY Trust, Mortgage Pass-Through Certificates, Series 2006-4 NO: 09-568-CIVIL TERM PLAINTIFF VS. Scott A. Macak and Judy F. Macak aka Judith F. Macak and United States of America DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Judy F. Macak aka Judith F. Macak 707 Brenton Street Shippensburg, PA 17257 Your house (real estate) at: 707 Brenton Street, Shippensburg, PA 17257 is scheduled to be sold at Sheriffs Sale on September 2, 2009 at 10:00 am, in Cumberland County Sheriffs Office, 1 Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of $207,858.87 obtained by U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4 (the mortgagee) against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be cancelled if you pay back to the mortgagee the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 4. 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. 5. You may be able to stop the sale through other legal proceedings. 6. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610) 278-6800. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will recorded only if the purchaser pays the Sheriff the full amount of the bid. To find out if this has happened yet, you may call the Sheriff's Office at: 717-240-6390. 4. If the amount due from the purchaser is not paid to the Sheriff, the sale must be rescheduled. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings, if necessary, to evict you. 6. You may be entitled to a share of the proceeds, which were paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff within thirty (30) days from the date of the sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of said schedule of distribution. 7. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTIONS PRACTICE ACT, THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 08-033986 ALL that certain tract of land in the Borough of Shippensburg, Cumberland County, Pennsylvania, being Lot Nos. 22 and 23 of Block "I" of a plan of Hallwood Heights as recorded in the Office of the Recorder of Deeds in Plan Book No. 5. Parcel No. 32-33-1871-012 BEING the same premises which Dwight L. Martin and Joanne S. Martin, husband and wife by Deed dated December 27, 2002 and recorded in the Cumberland County Recorder of Deeds Office on December 30, 2002 in Deed Book 255, page 761, granted and conveyed unto Scott A. Macak and Judith F. Macak, husband and wife. SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 08-033986 U.S. Bank N.A., as Trustee for the registered COURT OF COMMON PLEAS holders of Structured Asset Investment Loan CUMBERLAND COUNTY Trust, Mortgage Pass-Through Certificates, Series 2006-4 NO: 09-568-CIVIL TERM PLAINTIFF ; vs. Scott A. Macak and Judy F. Macak aka Judith F. Macak and United States of America DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: United States of America 228 Walnut Street, Federal Building P.O. Box 11754 Harrisburg, PA 17108 Your house (real estate) at: 707 Brenton Street, Shippensburg, PA 17257 is scheduled to be sold at Sheriffs Sale on September 2, 2009 at 10:00 am, in Cumberland County Sheriffs Office, 1 Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of $207,858.87 obtained by U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4 (the mortgagee) against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be cancelled if you pay back to the mortgagee the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 1. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 2. You may be able to stop the sale through other legal proceedings. 3. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 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 (610) 278-6800. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will recorded only if the purchaser pays the Sheriff the full amount of the bid. To find out if this has happened yet, you may call the Sheriff's Office at: 717-240-6390. 4. If the amount due from the purchaser is not paid to the Sheriff, the sale must be rescheduled. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings, if necessary, to evict you. 6. You may be entitled to a share of the proceeds, which were paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff within thirty (30) days from the date of the sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of said schedule of distribution. 7. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTIONS PRACTICE ACT, THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 08-033986 ALL that certain tract of land in the Borough of Shippensburg, Cumberland County, Pennsylvania, being Lot Nos. 22 and 23 of Block "I" of a plan of Hallwood Heights as recorded in the Office of the Recorder of Deeds in Plan Book No. 5. Parcel No. 32-33-1871-012 BEING the same premises which Dwight L. Martin and Joanne S. Martin, husband and wife by Deed dated December 27, 2002 and recorded in the Cumberland County Recorder of Deeds Office on December 30, 2002 in Deed Book 255, page 761, granted and conveyed unto Scott A. Macak and Judith F. Macak, husband and wife. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-568 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK N.A., as Trustee for the registered holders of STRUCTURED ASSET INVESTMENT LOAN TRUST, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 20064, Plaintiff (s) From SCOTT A. MACAK and JUDY F. MACAK a/k/a JUDITH F. MACAK and UNITED STATES OF AMERICA (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 $207,858.87 L.L. $.50 Interest from 5/02/09 to 9/02/09 is $6,983.80 Atty's Comm % Due Prothy $2.00 Atty Paid $269.00 Other Costs Plaintiff Paid Date: 5/06/09 (Seal) REQUESTING PARTY: Curtis R. L4thon ry By: D eputy Name: MICHAEL J. CLARK, ESQUIRE Address: SHAPIRO & DeNARDO, LLC 3600 HORIZON DRIVE, STE.150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 202929