HomeMy WebLinkAbout09-1599PARKER McCAY P.A.
By: Christine A. Pinto, Esquire
Attorney ID# 205622
Three Greentree Centre
7001 Lincoln Drive West, P.O. Box 974
Marlton, NJ 08053
(856) 810-5815
Attorney for Plaintiff, MorEquity, Inc.
MorEquity, Inc.
600 N. Royal Avenue : COURT OF COMMON PLEAS
Evansville, IN 47715 : CUMBERLAND COUNTY
: MARCH TERM, 2009
. No.. oq _ 1599 O
tvit Term
Plaintiff,
: CIVIL ACTION
Vs. : MORTGAGE FORECLOSURE
Kris K. Koenig and
Angie Koenig
8478 Lancaster Avenue
Bethel, PA 19507
Defendant(s)
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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Lawyer Referral Service
Berks County Bar Association
544-546 Court Street, PO Box 1058
Reading, PA 19603
(610) 375-4591
PARKER McCAY P.A.
By: Christine A. Pinto, Esquire
Attorney ID# 205622
Three Greentree Centre
7001 Lincoln Drive West, P.O. Box 974
Marlton, NJ 08053
(856) 810-5815
Attorney for Plaintiff, MorEquity, Inc
MorEquity, Inc.
600 N. Royal Avenue
Evansville, IN 47715
Plaintiff,
Vs.
Kris K. Koenig and
Angie Koenig
8478 Lancaster Avenue
Bethel, PA 19507
Defendant(s)
: COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
: MARCH TERM, 2009
. No.: 0 9- /599 &?Q
: CIVIL ACTION
: MORTGAGE FORECLOSURE
COMPLAINT IN MORTGAGE FORECLOSURE
I. Plaintiff, MorEquity, Inc. (the "Plaintiff'), is a corporation registered to conduct
business in the Commonwealth of Pennsylvania and having an office and place of business at
600 N. Royal Avenue, Evansville, IN 47715, by way of Complaint says the following.
2. Defendants, Kris K. Koenig and Angie Koenig (hereinafter referred to as
"Defendants"), are adult individuals and are the real owner of the premises hereinafter described.
3. Defendants, Kris K. Koenig and Angie Koenig reside at 8478 Lancaster Avenue,
Bethel, PA 19507 with mailing addresses at 8478 Lancaster Avenue, Bethel, PA 19507 and PO
Box 184, Bethel, PA 19507.
4. On May 4, 2007, in consideration of a loan in the principal amount of
$130,150.00, Defendants executed and delivered to Wilmington Finance, Inc., a note (the
"Note") with interest at 7.850% per annum, payable as to the principal and interest in equal
monthly installments of $941.42 commencing on June 15, 2007, with a maturity date of May 15,
2037. A true and correct copy of the Note is attached hereto and made a part hereof as Exhibit
"A„
5. To secure the obligations under the Note, the Defendants executed and delivered
to Mortgage Electronic Registration Systems, Inc. as nominee for Wilmington Finance, Inc., a
mortgage (the "Mortgage") dated May 4, 2007, recorded on June 4, 2007 in the Recorder of
Deeds in and for the County of Berks under Book 5149, Page 587, et M. A true and correct
copy of the Mortgage is attached hereto and made a part hereof as Exhibit "B".
6. By Assignment of Mortgage dated February 13, 2009, Mortgage Electronic
Registration Systems, Inc. as nominee for Wilmington Finance, Inc. assigned its Mortgage to
MorEquity, Inc., which Assignment of Mortgage is being recorded in the Office of the Recorder
of Deeds in and for the County of Berks.
7. The Mortgage secures the following real property (the "Mortgaged Premises"):
8478 Lancaster Avenue, Bethel, PA 19507. A legal description of the Mortgaged Premises is
attached hereto as Exhibit "C" and made a part hereof.
8. Defendants are in default of their obligations pursuant to the Note and Mortgage
because payments of principal and interest due October 15, 2008, and monthly thereafter are due
and have not been paid, whereby the whole balance of principal and all interest due thereon have
become due and payable forthwith together with late charges, escrow deficit (if any) and costs of
collection including title search fees and reasonable attorney's fees.
9. The following amounts are due on the Mortgage and Note:
Plus, the following amounts accrued after March 5, 2009:
Interest at the current rate of 7.850% per cent per annum ($28.05 per diem); 5% of the
overdue payment of principal and interest; any amounts expended for future taxes and insurance
along with additional costs and attorney fees incurred in this foreclosure action.
10. During the course of this action, the plaintiff may be obligated to make advances
for the payment of taxes, assessments, insurance premiums and necessary expenses to preserve
the security, and such sums advanced under the terms of the Note and Mortgage, together with
interest, will be added to the amount due on the mortgage debt and secured by the plaintiff's
Mortgage.
11. The notice specified by the Pennsylvania Homeowner's Emergency Mortgage
Assistance program, Act 91 or 1983 has been sent to the Defendants on December 22, 2008, via
certified and regular mail, in accordance with the requirements of the Act. A true and correct
copy of such notice is attached hereto as Exhibit "D" and made a part hereof.
WHEREFORE, Plaintiff demands an in rem judgment against the Defendants for
Balance of Principal $128,626.24
Accrued but Unpaid Interest from
09/15/08 - 03/05/09 7.850% $4,796.55
Accrued Late Charges $282.42
Corporate Advance $0.00
Recoverable Balance $0.00
Escrow Advance $1,336.20
Title Search Fees $595.00
Reasonable Attorney's Fees $1,300.00
Less Suspense Balance $0.00
TOTAL as of 03/05/09 $136,936.41
foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 9,
namely, $136,936.41 plus the following amounts accruing after March 5, 2009, to the date of
judgment: (a) interest at the rate of $28.05 per diem, (b) late charges of 5% on any overdue
payment of principal and interest per month, (c) plus interest at the legal rate allowed on
judgments after the date of judgment, (d) additional attorney's fees (if any) hereafter incurred;
(e) costs of suit; and (f) any amounts expended for future taxes and insurance.
PARKER McCAY, PA
Dated: March 5. 2009 By:
Christine A. Pinto, Esquire
Attorney for Plaintiff
VERIFICATION
I, Christine A. Pinto, hereby certify that I am an Attorney for Plaintiff and am authorized
to make this verification on Plaintiffs behalf. I verify that the facts and statements set forth in
the forgoing Complaint in Mortgage Foreclosure are true and correct to the best of my
knowledge, information and belief. This verification is made subject to the penalties of 18 Pa.
C.S.§ 4904, relating to unsworn falsification to authorities.
Name: Christine A. Pinto, Esquire
Title: Attorney
EXHIBIT A
IMF V
NOTE
90=20
Loon#:70001o17s5
MIN:10037140103447a940
MAY A. 2007 STATIC COLLS(FE PSNltSYLVANIA
(?atej [City] (State]
8478 LUXASTRR AVE, SItTHBL, PA 19507
[Property Address]
1- BORR0WZR'8 PROM1gg TO PAY
Principal In ratum for a loan that I have received, I promise to Pay U.S. $130,150. oo (this amount is called
pins interest, to the order of the Lender. The Lender is NSLttl gTON PiasA11CH DOC.. I will make
all payments under this Note in the form of cash, check or money order.
I undo vand that the Lender may transfer this Note. The Lendor or anyone who takes this Note by transfer
and who is entii led to receive payments under this Note is called the "Note Holder."
2.Vas"ST
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 7.850%.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described
in Section 6(8) of this Note.
3. PAYb=17;
(A) Tlata and Pbee ofFaymemb
I will lay principal and interest by making a payment every month.
I will make my monthly payment on the 15TH day of each month beginning on am 1s, 2007.1 will
make these pa3 ments every month until I have paid all of the principal and interest and any other charges described
below that I m ty owe under this Note. Each monthly payment will be applied as of its scheduled due date and will
be applied to i iterest before Principal. If, on MAY 15, 2037. still owe amounts under this Note, I will pay those
amounts in fall on that date, which is called the "Maturity Date."
I will make my monthly payments at PO Box 209, PLYnoM NjMVIN0, PA 19462 or at a
different place if required by the Note Holder.
(B) Amount of Monthly Payments
My mombly payment will be in the amount of U.S. 5941.42.
d. BOII ROW.3R'll RTOW TO ftVAY SSE ' PRBPAYIRRTT RIDER To AIM, ATTAcmw MM70
AM MON A PART NXIMP.
I havr the right to make payments or Principal at any time before they are due. A payment or Principal only
is known as a 'Prepayment." When I make a Prepayment. I will tell the Note Holder in writing that I am doing so. l
may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note.
I ma,- make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note
Holdw will we my Prepayments to reduce the amount of Principal that I owe under this Note. However. the Note
Holder may m)ply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying
my Prepayment to reduce the Principal amount of the Note, If I make a partial Prepayment, there will be no changes
in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes.
5. LOAN CRUtGZS
If a I tw, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the
interest or other A7aa chtaEes collected or to be collected in connection with this Iran exceed the permitted limits,
then: (a) any tech loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;
and (b) any suns already collected from me which exceeded permitted limits will be refunded to me. The Note
Haider may choose to make this refund by reducing the Principal I owe under this Note or by making a direct
payment to m:. If a refund reduces Principal, the reduction will be treated as a partial l Prepayment
6. BORROWERS P'AQ.URE TO PAY AS REQUIRED
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(A) La:a Chap Air Overdue Payments
If the Tote Holder has not received the full amount of any monthly payment by the end of 15 calendar days
after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5. 000% of my
overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment.
(1B) Daiaalt
If I do not pay the full amount of each monthly payment on the date it Is due, I will be in default.
(C) Nodes of Default
If l am in default, the Note Holder may send me a written notice telling me that if 1 do not pay the overdue
amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which
has not been pa-d and all the interest that 1 owe on that amount. That date must be at least 30 days after the date on
which the notice is mailed to me or delivered by other means.
(D) No Waiver Illy Nete Holder
Even 11, at a time when 1 am In defttult, 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 1 tan In defsult at a later time.
(1L) Pa:fineot of Note Belder's Comb and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will
have the right io be paid back by me for all of its costs and expenses in enforcing this Note to the extent not
prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees.
7. GIVU40 OP NOTICZS
Unless applicable law requires a different method, any notice that must be given to me under this Note will
be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different
address if 1 give the Note Holder a notice of my diffbrcrit address.
Any n-rtice that must be given to the Note Holder under this Note will be given by delivering it or by
mailing it by first clan mail to the Note Holder at the address stated in Section 3(A) above or at a different address if
I am given a ma ice of that different address,
L OBLIGATIONS OF PBRMM UNDER TMS NOTE
If mars than one person signs this Note, each person is frilly 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 NOW The Note Holder may enforce its rights under this Note against each person Individually or
against all of u:: together. Ilia mans that any one of us may be required to pay all of the amounts owed under this
Note.
9. WAIVERS
I and rmy other person who has obligations under this NOW waive the rights of Presentment and Notice of
Dishonor. "Pretentment" oceans the right to require the Note Holder to demand payment of amounts due. "Notice of
Dishonor" mats the right to require the Note Holder to give notice to other persons that amounts due have not been
paid.
10. UNIFORM SZCVRED NOTE
This Wote is a uniform Instrument with limited variations in some ,jurisdictions. In addition to the
protections given to the Now Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security
Instrument'), dated the same date as this Note, protects the Note Holder from possible-losses which might result if I
do not keep tta promises which t make in this Note. That Security Instrument describes how and under what
conditions 1 m ty be required to make immediate payment in full of all amounts 1 owe under this Note. Some of
those conditions are described as follows:
If all or any par of the Property or any Interest in the Property is sold or transferred (or if
liorrover Is not a natural person and a beneficial Interest In Borrower is sold or transferred)
without Lender's prior written consent, Lender may require immediate payment in fill of ali sums
secured by this Security Instrument. However, this option shall not be exercised by Lender if such
exercise is prohibited by Applicable Law,
M 13WATt{ FIXED RATE KIM -5lnrle Family- Fannie MadFreddte Mar UNIFORM VOTRMIEN r
ee., 1.101 Paae203 Fara]Iea FAI
Madiaed by witAxxoroN rINLNce xwc. Y k
A
V 111110
2000301355
If lender exercises this option. Lender shall give Borrower notice of acceleration. The
notice shall provide a period of not less than 30 days from the date the notice is given in
accordcnee with Section 15 within which Borrower must pay all sums secured by this Security
Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may
invoke any remedies permitted by this Security instrument without further notice or demand on
Borrower.
WITNESS THE H,?XD(S) D SEA F&) OF THE UNDERSIGNED.
S^_ c? ?v 7
- BO E - >RRIB Q - DATE -
-dz
• ?'AM IN t*YdQ - DATE -
[Sign Original Only]
MULTMATC FIXED RATL NOTE-Steak Family-- FSnk Him7raddk Mae UN¢ORM JNS= rMEM
5.101 Faac 3 of 3 torn Jim IPOI
Modified by WrIA INITOH VVELMa 2110.
EXHIBIT B
Green Horizon Settlement. LLC
341 Science Park Road
Suite 205T
State College PA 16803 t'
Prepared By:
WILMINGTON FINANCE, INC.
WILMINGTON FINANCE INC.
401 PLYMOUTH ROAD, SUITE
400
PLYMOUTH MEETING, PA 19462
(877) 963-4968
Property Address:
8478 LANCASTER AVE
BETHEL, PA 19 5 0 7
REC SK05142-POOM MORTGAGE j?
2007033539 06004t2007 11.29:19 AM:2
RCD FEE Set 00 PAGE. 1 of 15
I? BMW
COUNTY ROD
ELL.E ANTOINE ROD
Space Above This Line or ccurding Dalai
MORTGAGE
KOEVIG
Loan 0: 2000101355
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in Sections
3, 11, 13, 18.20 and 21. Certain rules regarding tho usage of words used in this document -ire also provided
in Section 16.
(A) "Security Instrument" means this document, which is dated MAY 4, 2007, together with all Riders
to this document.
(B) "Borrower" is KRIS K. KOENIG AND ANGIE KOENIG HUSBAND AND WIFE. Borrower is the
mortgagor under this Security Instrument.
(C) "MFRS" is Mortgage Electronic Registration Systems, Inc. MFRS is a separate corporation that is
acting solely as a nominee for Lender and Lender's successors and assigns. MFRS b the mortgagee under
this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address
and telephone number of P-O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS.
(D) "Lender" is WILMINGTON FINANCE INC.. Lender is a CORPORATION organized and existing
under the laws of DELAWARE. Lender's address is 401 PLYMOUTH ROAD, SUITE 400, PLYMOUTH
METING, PA 19462.
(L) "Notic" means the promissory note signed by Borrower and dated MAX 4, 2007, The Note states that
Borrower owes Lender ONE HUNDRED THIRTY THOUSAND ONE HUNDRED FIFTY AND 00/100
Dollars (U.S. $130,150.00) plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than MAY 15 , 2037.
(F) "Property" means the property that is described below under the heading "Transfer or Rights in the
Property."
(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and Irate charges
PENNSYLVAMA-Single pumdy-Fauxle Moe/Freddie Mac UNIFORM [NSTRUMENT
tp--) 347.33 Page I or 13 Form 303391181
2000101355
due under the Note, and all sums due under this Security instrument, plus interest.
(9) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
O Adjustable Rate Rider O Condominium Rider O Second Home Rider
O Balloon Rider D Planned Unit Development Rider O Biweekly Payment Rider
0 14 Family Rider O Other(s) [specify]
(1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non-appealable judicial opinions.
(,J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check,
draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument,
computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an
account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine
transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers.
(L) "Escrow Items" means those items that are described in Section 3.
(]M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid
by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i)
damage to, or destruction of, the Property; (il) condemnation or other taking of all or any part of the Property;
(iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value und.'or
condition of the Property.
(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the
Loan.
(O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time,
or any additional or successor legislation or regulation that governs the same subject matter. As used in this
Security Instrument. "RESPA" refers to all requirements and restrictions that ore imposed in regard to a
"federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan"
under RESPA.
(Q) "Successor In Interest of Borrower" means any party that has taken title to the Property, whether or not
that parry has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS M THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this
Security Instrument and tine Note. For this purpose, Borrower does hereby mortgage, grant and convey to
MERS (solely as nominee for tender and Lender's successors and assigns) and to the successors and assigns
of MERS the following described property located in the COUNTY (Type of Recording Jurisdiction) of
BERKO (Name of Recording Jurisdiction)
LEGAL DESCRIPTION ATTACHLD HERETO AND MADE A PART HEREOF.
which currently has the address of 8478 LANCASTER AVE, BETHEL, Pennsylvania 19507 ("Property
Address"):
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and
PEMSYLVANIA-Single Family-Fannie Mae/Freddie Mee UNIFORM INSTRUMENT
? 347.37 Page 2 or 13 Form 330391/01
REC 13K081494PGa688 MORTGAGE
2007W35M o&moo7 11 29 19 AAA-2 ??.
BERKS COUNTY ROD PAGE 2 of 15
2000101355
additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security
instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the
interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom,
MERS (as nominee for Lender and Lender's successors and nssigns) has the right: to exercise any or all or
those interests, including, but not limited to, the right to foreclose and sell the Propenv; and to take an%
action required of Lender including, but not limited to, releasing and canceling this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property against all
claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items
pursuant to Section 3. Payments due under the Note and this Security instrument shall be made in U.S.
currency. However, if any check or other instrument received by Lender as payment under the Note or this
Security instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments
due under the Note and this Security Instrument be made in one or more of the following forms, as selected
by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check,
provided any such check is drawn upon an institution whose deposits are insured by a federal, agency,
instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at
such other location as may be designated by Lender in accordance with the notice provisions in Section 15.
Lender may return any payment or partial payment if the payment or partial payments are insufficient to
bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan
current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial
payments in the future, but Lender is not obligated to apply such payments at the time such payments are
accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest
on unappfied funds. Lender may hold such unapptied funds until Borrower makes payment to bring the Loan
current. If Borrower does not do so within a reasonable period of time. Lender shall either apply such funds
or return them to Borrower, if not applied earlier, such funds will be applied to the outstanding principal
balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now
or in the future against Lender shall relieve Borrower from making payments due under the Note and this
Security Instrument or performing the covenants and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all
payments accepted and applied by Lender shall be applied in the following order of priority: (n) interest due
under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be
applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be
applied first to late charges, second to any other amounts due under this Security Instrument, and then to
reduce the principal balance of the Note.
Jf Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the
late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from
Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in
full. To the extent that any excess exists after the payment is applied to the full payment of one or more
Periodic Payments, such excess may be applied to any late charges due. Voluntary prepaymt;nts shall be
PENNSYLVAMA.SinSle Pemity-Fannie Mae/Freddie Mee UMFORM INSTRUMENT
em-) 347.32 Page 3 or l3
Form 30391/91
REC SK05149-PGM9 I MTGAGE ??K K
211t370335n 0151092007 11 29 19 AW
BERKS COUNTY ROD PAGE: 3 d 15
2000101355
applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under
the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due
under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for:
(a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or
encumbrance on the Property: (b) leasehold payments or ground rents on the Property, if any; (c) premiums
for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if ary,
or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in
accordance with the provisions of Section 10. These items are called "Escrow Items " At origination ur at any
time during the term of the Loan, Lender may require that Community Association Dues, Fees, and
Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item.
Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower
shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds
for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all
Escrow items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower
shall pay directly, when and where payable, the amounts due far any Escrow Items for which payment of
Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such
payment within such time period as Lender may require. Borrower's obligation to stake such payments and
to provide receipts shall For all purposes be deemed to be a covenant and agreement contained in this Security
Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay
Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item,
Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated
under Section 9 ra repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow
items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall
pay to Lender all Funds, and in such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to
apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can
require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable
Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in
any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow items no later than the time
specified under RESPA. Lender.shall not charge Borrower for holding and applying the Funds, annually
analyzing the escrow account, or verifying the Escrow items, unless Lender pays Borrower interest on the
Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or
Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any
interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be
paid on the Funds. Lender shall give to Borrower, without charge. an annual accounting of the Funds as
required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA. Lender shall account to
Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as
defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to
Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12
monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall
notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up
the deficiency in accordance with RESPA, but in no more then 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund
to Borrower any Funds held by Lender.
4. Charges; Lleas. Borrower shall pay all taxes, assessments, charges, fines, and impositions
attributable to the Property which can attain priority over this Security Instrument, leasehold pavments or
PEKMYLYANIA-Single Family-Faaole MadFreddie Mae UNIFORJK INSTRUMENT
v 347.32 Pop 4 of 13 Form 30391/01
REC BK061404KMN MORTGAGE
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ground rents on the Property, irony, and Community Association Dues, Fees, and Assessments, if any. To the
extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to
Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or
defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent
the enforcement of the lien while those proceedings are pending, but only until such proceedings are
concluded; or (c) secures from the holder of the lien art agreement satisfactory to Lender subordinating the
lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which
can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien.
Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more
of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or
reporting service used by Lender in connection with this Loan.
5. Property IDearaaee. Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against loss by fire, hazards included within the term "extended coverage," and arty other
hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This
insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender
requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan.
The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to
disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower
to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification
and tracking services; or (b) a one-time charge for flood zone determination and certification services and
subsequent charges each time remappings or similar changes occur which reasonably might affect such
determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the
Federal Emergency Management Agency in connection with the review of any flood zone determinalion
resulting from an objection by Borrower.
If Borrower fails to maintain any of the covorages described above, Lender may obtain insurance
coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any
particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not
protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard
or liability and might provide greater or lesser coverage than was previously in effect. Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of
insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section S shall
become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at
the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender
to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's
right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as
mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renettial
certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and
renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, 1br
damage to, or destruction of the Property, such policy shall include a standard mortgage clause and shall
name Lender as mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender
may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in
writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be
applied to restoration or repair of the Property, if the restoration or repair is economically feasible and
Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to
hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work
has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly.
Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress
PENNSYLVANIA-Single family-Fanate MaWTreddie Mac UNIFORM INSTRUMENT
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payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires
interest to be paid on such insurance proceeds. Lender shall not be required to pay Borrower any interest or
earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall nut be
paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is
not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to
the sums secured by this Security instrument, whether or not then due, with the excess, if any, paid to
Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2
if Borrower abandons the Property, Lender may file, negotiate and settle any available insurance
claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the
insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day
period will begin when the notice is given. In either event, or if Lender acquires the Property under Section
22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an
amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of
Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all
insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property.
Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid
under the Note or this Security Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after the execution of this Security Instrument and shall continue to occupy the
Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender
otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating
circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property.
Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent
the Property from deteriorating or decreasing in value due to its condition. Unless it is detennined pursuant to
Section S that repair or restoration is not economically feasible, Borrower shall promptly repair the Property
if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in
connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or
restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds
for the repairs and restoration in a single payment or in a series of progress payments as the work is
completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property,
Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application
process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's
knowledge or consent gave materially false, misleading, or inaccurate Information or statements to Lender (or
failed to provide Lender with material information) in connection with the Loan. Material representations
include, but are not limited to, representations concerning Borrower's occupancy of the Property as
Borrower's principal residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument.
If (a) Borrower fails to perform the covenants and agreements contained in this Security lnstrument, (b) there
is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this
Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or
regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is
reasonable or appropriate to protect Lender's interest in the Property and rights under this Security
Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the
Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which
has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys fees to
PENNSYLVANIA-Single Family-Faanle Mae/Freddie Mae UNIFORM INSTRVMENT
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protect its interest in the Property and/or rights under this Security Instrument, including its secured position
in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to
make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate
building or other code violations or dangerous conditions, and have utilities tumed on or of. Although
Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or
obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized
under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of
disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting
payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the
lease. Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel
the ground lease. Borrower shall not, without the express written consent of Lender, alter or amend the
ground lease. if Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge
unless Lender agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the
Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in efr'ect. If, for any
reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer
that previously provided such insurance and Borrower was required to snake separately designated payments
toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage
substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to
the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer
selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall
continue to pay to Lender the amount of the separately designated payments that were due when the
insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-
refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable,
notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay
Borrower any interest or eamings on such loss reserve. Lender can no longer require loss reserve payments if
Mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer
selected by Lender again becomes available, is obtained, and Lender requires separately designated payments
toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of
making the Loan and Borrower was required to make separately designated payments toward the premiums
for Mortgage insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect,
or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in
accordance with any written agreement between Borrower and Lender providing For such termination or until
termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay
interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it
may incur if Borrower does not repay the Loan as agreed. Bornowtr is not a patty to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may
enter into agreements with other parties that share or modify their risk, or reduce lasses. These agreements
are on terms and conditions that are satisfactory to the mortgage insurer and the other patty (or parties) to
these agreements. These agreements rray require the mortgage insurer to make payments using any source of
funds that the mortgage insurer may have available (which may include funds obtained from Mortgage
Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer,
any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that
derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in
exchange for sharing or modifying the mortgage insurer's risk, or reducing tosses. if such agreement provides
that an amiiaw of Lender takes a share of the insurers risk in exchange for a share orthe premiums paid to
the insurer, the arrangement is often termed "captive reinsurance." Further.
PENNSYLVANIA-Singic Family-Foaate MadFreddte Mac UMFORM INSTRUMENT
v 34712 Pagc 7 or 13 Form 330339 I19J
REC 1WO514942GOW MORTGAGE ?K lG.
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(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for
Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount
Borrower will owe for Mortgage insurance, and they will not eatitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has - if say - with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may
include the right to receive certain disclosures, to request ¦nd obtain cancellation of the Mortgage
Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of soy
Mortgage Insurance premiums that were unearned at the time of such cancellation or termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of
the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During
such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until
Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's
satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and
restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an
agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds,
Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the
restoration or repair is not economically feasible or fender's security would be lessened, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security instrument, whether or not then due, with the
excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in
Section 2.
In the event of a total taking, destruction, or loss in value or the Property, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security instrument, whether or not then due, with the
excess, if any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater
than the amount of the sums secured by this Security Instrument immediately before the partial taking,
destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this
Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the
following fraction: (a) the total amount or the sums secured immediately before the partial taking,
destruction, or loss in value divided by (b) the fair market value of the Property immediately before the
partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial inking, destruction, or loss in value is less than the
amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless
Borrower and Lander otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums
secured by this Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the
Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages,
Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to
collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums
secured by this Security Instrument, whether or not then due. "Opposing Parry" means the third party that
owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to
Miscellaneous Proceeds.
. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in
Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest
in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration
has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a
ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment or
Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim
PENNSYLVANIA-Single Famity-Faaale Mae/Freddie Mac UNIFORM INSTRUMENT
te-1 347.32 Page a or) 3 Form 303391101
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for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned
and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be
applied in the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortization of the sums secured by this Security instrument granted by Lender
to Borrower or any Successor in interest of Borrower shall not operate to release the liability of Borrower or
any Successors in interest of Borrower. Lender shall not be required to commence proceedings against any
Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization
of the sums secured by this Security instrument by reason of any demand made by the originul Borrowcr or
any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy
including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in
Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the
exercise of any right or remedy.
13. Joint and Several LiablUty; Co-signers; Successors and AssiLw Bound. Borrower covenants
and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who
co-signs this Security instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security
Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this
Security Instrument; (b) is not personally obligated to pay the sums secured by this Security instrument; and
(c) agrees that Lender and any other Borrower can agree to extend, modify, tbrbear or make any
accommodations with regard to the terms of this Security instrument or the Note without the ca-signer's
consent.
Subject to the provisions of Section 18, any Successor in interest of Borrower who assumes
Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all
of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from
Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in
writing. The covenants and agreements of this Security instrument shall bind (except as provided in Section
20) and benefit the successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's default, for the purpose of protecting Lender's interest in the Property and rights tinder this
Security instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In
regard to any other fees, the absence of express authority in this Security instrument to charge a specific fee
to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees
that are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted
so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the
permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the
charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted
limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed
under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will
be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is
provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower
will constitute a waiver of any right of action Borrower might have arising out of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument
must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to
have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice
address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless
Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless
Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify
Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of
address, then Borrower shall only report a change of address through that specified procedure. There may be
only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall
PENNSYLVANIA-Single Family-Faasie Mae/Freddle Mae UNIFORM INSTRUMENT
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be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender
has designated another address by notice to Borrower. Any notice in connection with this Security Instrument
shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by
this Security instrument is also required under Applicable Law, the Applicable Low requirement will satisfy
the corresponding requirement under this Security Instrument.
16. Governing Law; Severability; Rules of Contraction. This Security instrument shall be
governed by federal law and the law of the jurisdiction in which the Property is located. All rights and
obligations contained in this Security Instrument are subject to any requirements and limilatiors of
Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it
might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the
event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such
conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect
without the conflicting provision.
As used in this Security instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and
include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take
any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security
Instrument.
IS. 'transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18,
"Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to,
those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or
escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower
is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior
written consent, Lender may require immediate payment in full of all sums secured by this Security
Instrument. However, this option shall not be exercised by Lander if such exercise is prohibited by
Applicable Law.
If Lender exercises this option. Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these
sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security
Instrument without further notice or demand on Borrower.
19. Borrower's night to Retastate After Acceleration. If Borrower meets certain conditions,
Borrower shall have the right to have enforcement of this Security instrument discontinued at any time prior
to the earliest of. (a) five days before sale of the Property pursuant to any power of sale contained in this
Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's
right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that
Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as
if no acceleration had occurred; (b) cures any default of any other covenants or agreements: (c) pays all
expenses incurred in enforcing this Security instrument, including, but not limited to, reasonable attomcys'
fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's
interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may
reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument,
and Borrower's obligation to pay the sums secured by this Security instrument, shall continue unchanged.
Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following
forms, as selected by Lender. (a) cash; (b) money order; (e) certified check, bank check, treasurer's check or
cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal
agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this
Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had
occurred. However, this right to reinstate shalt not apply in the case of acceleration under Section 13.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in
PENNSYLVANiA-Single Family-Fannie Mae/rreddta Mae UNIFORM 114SCRUMENT
ea.) 347.32 Page to of 13 form 30391/01
REC BKO5149-MISM 010"GncE
2007033539 00041200111:29.19 AM.2 (1?
ELMS COUNTY ROD PAGE: 10 of 15 f?
2000101355
the Note (together with this Security Instrument) can be sold one or more times without prior notice to
Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic
Payments due under the Note and this Security Instrument and performs other mortgage loan servicing
obligations under the Note, this Security Instrument, and Applicable Umv. There also might be one or more
changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,
Borrower will be given written notice of the change which will state the name and address of the new Loan
Servicer, the address to which payments should be made and any other information RESPA requires in
connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a
Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will
remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the
Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security
Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of,
this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in
compliance with the requirements of Section 15) of such alleged breach and afforded the other part), hereto a
reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time
period which must elapse before certain action can be taken, that time period will be deemed to be reasonable
for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant
to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to
satisfy the notice and opportunity to take corrective action provisions of this Section 20.
21. Hazardous Subspaces. As used in this Section 21: (a) "Hazardous Substances" are those
substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the
following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and
herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b)
"Environmental Law" means federal laws and laws of the jurisdiction where the Property is located thnt relate
to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action,
remedial action, or removal action, as defined in Environmental Law: and (d) an "Environmental Condition"
means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do,
nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law,
(b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a
Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two
sentences shall not apply to the presence. use, or storage on the Property of small quantities of Hazardous
Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of
the Property (including, but not limited to, hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit
or other action by any governmental or regulatory agency or private party involving the Property and any
hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any
Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of
release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a
Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by
any governmental or regulatory authority, or any private party, that uny removal or other remediation of any
Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial
actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an
Environmental, Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
2L Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration
to8owing Borrower's breach or any covenant or agreement in this Security Instrument (but not prior
to acceleration under Section 19 uaiess Applicable Law provides otherwise). Leader shag notify
PENNSYLVANIA-Single Family-FaasreMae/Freddie Mae UNIFORM INSTRUMENT
e-F 317 32 Page i i or u Form 3039//01
REC SK061494309697 MCaTC"E /6K k
2W703,M 06104/2007 11.29 19 AM2 t(
13ERKS COUNTY ROD PAGE: 11 of 15 R
xo0a101355
Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when
the default most be cured; and (d) that failure to cure the default as specified may result in
acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and
sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration
and the right to assert in the foreclosure proceeding the non-existence of a detauN or any other defense
of Borrower to acceleration and foreclosure. If the default is not cared as specified, Leader at its option
may require Immediate payment in full of all sums secured by this Security Instrument without further
demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to
collect all expenses incurred In pursuing the remedies provided in this Section 22, including, but not
limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law.
23. Release. Upon payment or all sums secured by this Security Instrument, this Security instrument
and the estate conveyed shall terminate and become void. Mier such occurrence, Lender shall discharge and
satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee
for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the
charging or the fee is permitted under Applicable Law.
24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or
defects in proceedings to enforce this Security Instrument, and hereby waives the benefit crany present or
future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and
homestead exemption.
25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shail extend to one
hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security
Instrument.
16. Purchase Money Mortgage. Ir any or the debt secured by this Security Instrument is lent to
Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage.
27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment
is entered on the Note or in an action or mortgage foreclosure shall be the rate payable from time to rime
under the Note.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded with it.
- KRIS x-_ftEIFIQ - DATE -
PEMSYLVANtA-Single Family-Fannie MadFreddle bier UNIFORM INSTRUMENT
f. i 347.32 Page 12 of 13 Form 30341/01
REC SKOS1494%00M MORTGAGE
M033M 09104f2007 11.29:18 AM 2
BERKS COUNTY ROD PAGE 120115
2000101355
Belojr This Line For Aeknowled
STATEOF f6j0SYw**.)iA
COUNTY OF 815-U"
On this the 4+ day of Aky 120??] before me,
S? *,&) T • (4- , the undersigned officer, personally appeared
Qts K. Ko"its .4&y& [WE-3%-4
known to me (or satisfactorily proven) to be the person(j). whose name(s) is/are subscribed to the within
instrument and acknowledged that he/she/they executed the same for the purposes therein contained.
In witness whereof, 1 hereunto set my hand and
official seal.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notariallsed
Siliphan T. (100 N%W PU*
Ruecombme?ff 71ap., ft tce 0W*
My Contrrtbaton Aup. 8, 2009
Member. Pennsylvenle A8e0ei8110n of Notaries
My Commission Expires: V -1 -01
CERTIFICATE OF RESIDENCE: I do hereby certify that the correct address of the within named Lender is
401 pLYxoDTH ROAD, . SIVITE 400, pLYmoDTH mESTING, PA 19462 witness my hand this
4THdayofMAY, 2007.
Agent of Lendcr S -T- k???'^- s N c 1"'[
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
347 32 Page 13 or 13 Nc
REC BK8614f-PO0688 UMC. wE
2007033539 06104200711:2919 N*2
BMS COUNTY ROD PAGE: 13 of 15
Form 30391/81
All that certain parcel of land and improvements therein situate in the Township of Bethel, County of Berks, and
Commonwealth of Pennsylvania, and designated as Parcel No. 4401-07-58-4683 and more fully described in a
Deed dated July 28, 2005 and recorded September 23, 2005 in Berks County in Deed Book 4871, Page 1887,
granted and conveyed unto Kris K. Koenig and Angie Koenig, husband and wife.
( 00007-00168. PF D/00007-00168128 )
REC OKOSIM42GOM MORTGAGE
2007833539 0604=7 1129.19 AM 2
SERKS COUNTY ROD PAGE 14 of 15
2007033539
Ellie Antoine
Recorder of Deeds
County of Berks
County Service Center
Reading, PA 19601
610-478-3380
Customer Receipt
Receipt Number: 191046
Operator ID: CJABLONSKI
Station 10: CASHIERS
Submitter Name:
WILLIAM C BROWN
MORTGAGE
RECORD BK05149-PGO587
Pages: 15
2007033539
Recorded: 06/04/2007 11:29:19 AM:2
Recording Fee
Recording Page Fee
No of Pages 15
No of Names 3
Affordable Housing
ROD Improvement Fund
Writ Tax
Judicial
Check #29927
Check #29928
$13.00
$1.00
$20.00
$0.00
$31.50
$5.00
$0.50
$10.00
Total: $81.00
F18COM It CO, M
RIOORDM OF 0EM$
REC BKOMA94K0101
2007033M OSA04 007 11.29:19 AM2
BERKS COUNTY ROD
MORTGAGE
PAGE: 16 of 16
EXHIBIT C
LEGAL DESCRIPTION
ALL that certain two-story frame dwelling house and lot of ground, lying and
situate in the Village of Bethel, in the Township of Bethel, County of Berks and
Commonwealth of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point on market Street; thence South along said street, sixty-six
(66) feet to a point; thence West along property now or late of John Brossman,
one hundred eighty-one (181) feet and six (6) inches to Green Alley; thence North
along Green Alley, sixty-six (66) feet to a point; thence East along property now
or late Cora Schmeltzer, one hundred eighty-one (181) feet and six (6) inches to
the place of BEGINNING.
Numbered in the General Plan of said Village with Number 14.
BEING the same premises which Kris K. Koenig, a married man by Deed dated
May 4, 2007 and recorded June 4, 2007 in Book 5149, Page 583 conveyed unto
Kris K. Koenig and Angie Koenig, h/w as tenants by the entireties.
PARCEL ID NO. 30-4401-07-58-4683
TAX ID NO. 30055325
EXHIBIT D
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December 22, 2008 rnL- Q
'-a postage $
Kris Koenig eeemed Fee
8478 Lancaster Ave. C3 t:eturR PA" Fee postmark
Bethel, PA 19507 0 ?p4e ftt t D Rte) r?
o (E ff* t rod)
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TOW Pom6e S Fars ? t
ACT 91 NO o t ° rt -
TAKE ACTION`` ? ' `'...... ?r °::-1--.-:::::
YOUR HOME,
FORECLOSURE
This is an official notice that the mortgage on your home is in default and the lender intends to foreclose.
Specific information about the nature of the default is provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save
your home This Notice explains how the program works.
To see if HE" can help you must MEET WITH A CONSUMER CREDIT
COUNSELING AGENCY WITHIN 33 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 vq have any auostions ygu may call the Pennsylvania Housing Finance
Aaencv toll free at 1-810-342-2397. (Persons with impaired hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any question, representatives at the
Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an
attorney in your area. The local bar association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA
AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA
LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S): Kris Koenig
PROPERTY ADDRESS: 8478 Lancaster Ave. Bethel, PA 19507
LOAN ACCT. NO.: 3791143
ORIGINAL LENDER: Wilmington
CURRENT LENDERISERVICER: MorEquity
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 191L1 (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 THREE (33) days from the date of this Notice. During that
time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling
agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT
THIRTY THREE (33) 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 met with one of the consumer credit
counseling agencies listed at the end of this notice, the lender may NOT take any further action against you
for THIRTY "THREE (33) 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 p=ertv 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 THREE (33) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY IF YOU FAIL TO DO $O 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 MORMAGE 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
PRUPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT
THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance).
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it -up-t-0- date).
NATURE OF THE DEFAULT - The MORTGAGE. held by the above lender on your property located at:
8478 Lancaster Ave.
Bethel, PA 19507
IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and
the following amounts are now past due:
a) Number of Payments: 3
824.26
$ 2
b) Delinquent Amount Due: ,
c) Late Charges: $ 94.14
d) Recoverable Corporate Advances: $ 0.00
e) Other Charges and Advances: $ 0.00
f) Less funds in Suspense: $ 0.00
g) Total amount required as of (December 22, 2008): $ 2,918.40
YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION:
HOW TO CURE THE DEFAULT-- You may cure the default within THIRTY THREE (33) DAYS of
the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH
IS $2,918.40, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE
DURING THE THIRTY THREE (33) DAY PERIOD. Pavmentc must be made either by cash cas 'er'g
check, certified check or money order made savable to:
REGULAR MAIL
MorEgnity
600 N. Royal Ave
Evansville, IN 47715
Phone Number: 1- 800-205-8640
Fax Number: 1- 812475-7235
You can cure any other default by taking the following action within THIRTY THREE (33) DAYS of the
date of this letter.
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY THREE (33)
DAYS of the date of this Notice, mP lender intends to exercise its rialtt 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 THIR'T'Y THREE (33) DAYS, the lender also intends to instruct its attorney to start
legal action to foreclose up2n your mortaagedproperty.
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 our
reasonable costs. If You cure the default within the THIRTY THREE (33) DAY period, you will trot
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 THREE (33) DAY period and foreclosure proceedings have begun, you still have the
rii;,ht to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You maY
do so by na the total amount then east due plus any. late or other cl es then due rcasona0le
he
to torn s fees and costs connected with the foreclosure sale anv o er cos co
s Sale as svecified in writing the lender by retina anv other requirements der e
Sheriff by and ,perfo
M2gguge. Curing your default in the manner set forth to this notice will restore your mortgage to the came
position as if you had never defaulted.
Ea IEST 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 Five (5) months from the
date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of
course, the amount needed to cure the default will increase the longer you wait. You may find out at any
time exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: MorEqulty
Address: 600 N. Royal Ave
Evansville, IN 47715
Phone Number: 1- 800-205-8640
Fax Number: 1- 812-475-7235
Contact Person: Loan Resolution Department
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the 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 XXX 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 T141S DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO
DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU
DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE.
TIMES IN ANY CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE
MORTGAGE DOCUMENTS.
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH
ACTION BY THE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
By:
MorEquity Collections Department
NOTICE REQUIRED UNDER THE FAIR DEBT
COLLECTION PRACTICES ACT, 15 U.S.C. § 1601 (AS AMENDED)
THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT
AND CONSUMER PROTECTION LAW,
73 PA. CON. STAT. ANN. § 201, ET. SEQ. ("THE ACTS")
INASMUCH AS THE ACTS MAY APPLY, THIS NOTICE MAY BE CONSTRUED AS AN ATTEMPT
TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
PENNSYLVANIA HOUSING FINANCE AGENCY
HOMEOWNER'S MER ENCY MORTGAGE ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
BEDFORD COUNTY
BEDFORD-FULTON MOUSING SERVICES
R.D. 1, Box 384
Everett, PA 15537
(814) 623-9129
FAX (814) 623-7187
KEYSTONE ECONOMIC DEVELOPMENT CORPORATION
1954 Mary Grace Lane
Johnstown, PA 15901
(814) 535-6556
FAX (814) 539-1688
WEATHERIZATION OFFICE
917 Mifflin Street
Huntingdon, PA 16652
(814) 643-2343
CCCS OF WESTERN PENNSYLVANIA INC.
217 East Plank Road
Altoona, PA 16602
(814) 944-8100
(FAX (814) 944-5747
TABLELAND SERVICES INC.
535 East Main Street
Somerset, PA 15501
(814) 445-9628
(800) 452-0148
FAX (814) 443-3690
` n CERTIFIED MA 11 ' E" EIPT
53j /j o i
S in,
December 22, 2008 m OFFICIAL USE
zr
Angie Koenig
8478 Lancaster Ave. ,a cernrrea Fee
C3 Er
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Bethel, PA 19507 0 red)
„ ,„,?,,, R, Fee tte?e
C3 (===F
ee
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Ta%. Postage & F.
SMI
ACT 91 NOT.,
%.ql? ..........................................
TAKE ACTION 7° .._ :...................
YOUR HOME
FORECLOSURE
This is an official notice that the mortga eon your home iR .n tefaand S?octfec inrfnrmatton about the nature of the default is orov?ded t
intends to foreclose
m the aachedlpages.
The HOMED RTGAGE ASSISTAN E P HEMAP ma be able to el v
Your home. This Notice explains how the rogram works
To see ' HEMAP can heln you must MEET WITH A nN MFR C Files
COUNSELING AG WI-V WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with
03% u when you meet with the Counseling Agency. -'
The name addre and phone number of Consumer C.rrftit Counseling Agencies sets irtg your County are
listed at the end of rhos Notice if you have any auccp ns you may call the Pennsvlvarua HousmgFtnance
Agency toll free at 1 800 342 2397. (Persons with impaired::! guincan call (717178(1-18691.
This Notice contains important legal information. If you have any question, 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 CONTENWO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA
AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA
LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S): Angie Koenig
PROPERTY ADDRESS: 8478 Lancaster Ave. Bethel, PA 19507
LOAN ACCT. NO.: 3791143
ORIGINAL LENDER: Wilmington
CURRENT LENDER/SERVICER: MorEquity
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 THREE (33) days from the date of this Notice. During that
time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling
agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT
THIRTY THREE (33) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE
ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS
NQTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING
YOUR MORTGAGE UP TO DATE
CONSUMER CREDIT COUNSELING AGENCIES - If you met with one of the consumer credit
counseling agencies listed at the end of this notice, the lender may NOT take any Ru-ther action against you
for THIRTY THREE (33) days after the date of this meeting. The names, addresses and telenh2n2
numbers of designated consumer credit counseling agmcies for the county in which the RpQRuty 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 THREE (33) 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
PRUPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT
THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance).
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date).
NATURE OF THE DEFAULT - The MORTGAGE held by the above lender on your property located at:
8478 Lancaster Ave.
Bethel, PA 19507
IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and
the following amounts are now past due:
a) Number of Payments: 3
b) Delinquent Amount Due: $ 2,824.26
c) Late Charges: $ 94.14
d) Recoverable Corporate Advances: $ 0.00
e) Other Charges and Advances: $ 0.00
f) Less funds in Suspense: $ 0.00
g) Total amount required as of (December 22, 2008): $ 2,918.40
YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION:
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY THREE (33) DAYS of
the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH
IS $2,918.40, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE
DURING THE THIRTY THREE (33) DAY PERIOD. Payments must be made either by cask cashier's
check, certified check or money order M%Le payable to:
REGULAR MAIL
MorEquity
600 N. Royal Ave
Evansville, IN 47715
Phone Number: 1- 800-205-8640
Fax Number: 1- 812475-7235
You can cure any other default by taking the following action within THIRTY THREE (33) DAYS of the
date of this letter.
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY THREE (33)
DAYS of the date of this Notice, the lender intends to exercise its right to accelerate the morteaee 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 THREE (33) DAYS, the lender also intends to instruct its attorney 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 our
reasonable costs. If you cure the default within the THIRTY THREE (33) DAY period. you will not
be reauired 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 THREE (33) DAY period and foreclosure proceedings have begun, You still have the
right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may
do so by paying the total amount then past due plus any late or other cha_mes then due reasonable
attorney's fees and costs connected with the foreclosure We and any other costs connected with the
Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the
mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same
position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a
Sheriffs Sale of the mortgaged property could be held would be approximately Five (5) months from the
date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of
course, the amount needed to cure the default will increase the longer you wait. You may find out at any
time exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: MorEquity
Address: 600 N. Royal Ave
Evansville, IN 47715
Phone Number: 1- 800-205-8640
Fax Number: 1- 812475-7235
Contact Person: Loan Resolution Department
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 fender at
any time.
ASSUMPTION OF MORTGAGE - You may or XXX 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
'T'IMES 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.
By:
MorEquity Collections Department
NOTICE REQUIRED UNDER THE FAIR DEBT
COLLECTION PRACTICES ACT, 15 U.S.C. § 1601 (AS AMENDED)
THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT
AND CONSUMER PROTECTION LAW,
73 PA. CON. STAT. ANN. § 201, ET. SEQ. ("THE ACTS")
INASMUCH AS THE ACTS MAY APPLY, THIS NOTICE MAY BE CONSTRUED AS AN ATTEMPT
TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
PENNSYLVANIA HOUSING FINANCE AGENCY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
BEDFORD COUNTY
BEDFORD-FULTON HOUSING SERVICES
R.D. 1, Box 384
Everett, PA 15537
(814) 623-9129
FAX (814) 623-7187
KEYSTONE ECONOMIC DEVELOPMENT CORPORATION
1954 Mary Grace Lane
Johnstown, PA 15901
(814) 535-6556
FAX (814) 539-1688
WEATHERIZATION OFFICE
917 Mifflin Street
Huntingdon, PA 16652
(814) 643-2343
CCCS OF WESTERN PENNSYLVANIA INC.
217 East Plank Road
Altoona, PA 16602
(814) 944-8100
(FAX (814) 944-5747
TABLELAND SERVICES INC.
535 East Main Street
Somerset, PA 15501
(814) 445-9628
(800) 452-0148
FAX (814) 443-3690
a
? c9
Sheriffs Office of Cumberland County
R Thomas Kline uptr at cumbp Edward L Schorpp
Sheriff Solicitor
Ronny R Anderson Jody S Smith
Chief Deputy OFFICE OF THE $HERIFF Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
03/19/2009 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: Kris N. Koenig, but was to unable !,to locate him in his
bailiwick. Defendant's address is located in Berks County and per Millie at attorney Darker McCay's office
we are returning the within Complaint and Mortgage Foreclosure as Not Served.
03/19/2009 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: Angie Koenig, but was to unable to locate her in his
bailiwick. Defendant's address is located in Berks County and per Millie at attorney Parker McCay's office
we are returning the within Complaint and Mortgage Foreclosure as Not Served.
SHERIFF COST: $44.00 (PAID) SO ANSWERS,
March 19, 2009 R THOMAS KLINIE, SHERIFF
2009-1599
MOREQUITY, INC.
VS.
KRIS N. KOENIG
71