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Home My WebLink About09-1961McCABE, WEISBERG AND CONWAY, P.C. BY: DERRENCE J. McCABE, ESQUIRE - ID # 16496 VIWARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Countrywide Home Loans Servicing, L.P. 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, California 93063 V. Alice L. Hoover 126 South Locust St Shiremanstown, Pennsylvania 17011 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number d9' /?11/ C? v? l T?l rh-? CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIES QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 CIVEL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Countrywide Home Loans Servicing, L.P., a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Alice L. Hoover, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his last-known address is 126 South Locust St, Shiremanstown, Pennsylvania 17011. 3. On May 15, 2007, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems Inc., as nominee for Countrywide Home Loans, Inc. d/b/a America's Wholesale Lender which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1992, Page 2827. 4. The aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration Systems Inc., as nominee for Countrywide Home Loans, Inc. d/b/a America's Wholesale Lender to Countrywide Home Loans Servicing, L.P., by Assignment of Mortgage, which will be duly recorded in the Office of the Recorder of Cumberland County. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 2 Windcroft Court, Carlisle, Pennsylvania 17013. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due September 1, 2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance Interest through March 26, 2009 (Plus $28.37 per diem thereafter) Attorney's Fee Late Charges Corporate Advance $ 148,563.65 $ 6,752.06 $ 1,250.00 $ 395.20 $ 180.00 GRAND TOTAL $ 157,140.91 8. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $157,140.91, together with interest at the rate of $28.37 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND CON/WAY,P.C. BY: ('Y?U' r "/ / 6 Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff, who is not available to sign this, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY,P.C. BY: ?- J 11'4-t4? Attorney for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ;• 0 ' T r ov n?0 DU J i rj" R .ZltaER ?N i Z'-''VER OF DEED"s •s 2-307 M.Y 17 Pal 12 06 Pmpamd By: PATRICIA L. CONLEY Countrywide Home Loans, Inc. dba America's Wholesale Lender 730 HOLIDAY DRIVE FL 4, BLDG 8 PITTSBURGH PA 15220 Phone: (412)920-1000 After Recording Return To: COUNTRYWIDE HOME LOANS, INC. MS SV-79 DOCUMENT PROCESSING P.O.Box 10423 Van Nuys, CA 91410-0423 Parcel Numb= Premises: 2 WINDCROFT CT CARLISLE PA 17013 N ? 610 IGM1164 02 001 001 (Space Above This Line Tor Recording Data) HOOVER 00016859116405007 [Escrow/Closing #1 (Doc ID #1 MORTGAGE PENNSYLVANIA - Shoe Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH TIERS Pago 1 of 17 -GA(PA) (0606) CHL (10105)(d) VMP Mortgage Sdutlons, Inc. (800)521-7281 Form 9038 1/01 x d DOC ID #; 00016859116405007 MIN 1000157-0008127447-0 DB W17ONS 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 the usage of words used in this document are also provided in Section 16. (A) "Seem* Instrument" means this document, which is dated MAY 15, 2007 , together with all Riders to this document. (A) 'Borrower" is ALICE L HOOVER, A MARRIED WOMAN Bonower 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. NUM is organized and existing under the laws of Delaware, and has an address and telephone mrmber of P.O. Box 2026, Plint, MI 48501-2026, tel. (888) 679-MBRS. (D) "Lwder" is Countrywide Home Loans, Inc. dba America's Wholesale Lender Lender is a CORPORATION organized and existing under the laws of NEW YORK Lender's address its 4500 Park Granada MSN# SVB-314 Calabasas,-CA 91302-1613 (E) "Note" means the promissory note signed by Borrower and dated MAY 15 , 2007 The Note states that Borrower owes Lender ONE HUNDRED FIFTY THOUSAND FOUR HUNDRED and 00/100 Dollars (U.S. $150, 400. 00 ) plus interest. Borrower has promised to pay this debt in regular 4g4M(PA) (050x) CHL (10/05) Page 2 of 17 Form 3038 1101 6K 1992PG.2828 V 10 DOC ID #: 00016859116405007 Periodic Payments and to pay the debt in full not later than JUNE 01, 2037 M ")Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. ft "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders am to be executed by Borrower [check box as applicable]: Adjustable Rate Rider Condominium Rider Second Home Rider Balloon Rider Planned Unit Development Rider 14 Family Rider VA Rider Biweekly Payment Rider Other(s) [specify] 0 (n "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. (n "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that wa imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. M "Abdroule Funds Transfer" means any transfer of funds, other than a tramsaction originated by check, draft, or similar paper instrument, which is initiated through 'an electronic terminal, telephonic instrument, cam, 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 moons, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. Q "Bscmw Items" means those items that are described in Section 3. (1) '%fiscelbtneous Proceeds" means any compensation, settlement, award of dan*ges, or proceeds paid by any third parry (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. RQ "Morfpge Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Padodie Payment" means the regularly scheduled amount due for 0) principal and interest under the Note, plus (H) any amounts under Section 3 of this Security Instrument. (P) 'IRMA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 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 are imposed in regard to a 'federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken tide'to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Insuu meat. 4q-WPA) MOM CHt. (10/05) Page 3 of 17 Form 9089 1/01 BK 1992PG2829 IV TRANSFM OF RIGHTS IN THE PROPERTY DOC ID #: 00016859116405007 Thus 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 Bon:ower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to 1ERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MBRS, the following described property located in the COUNTY of CUMBERLAND r1M* of Recording Jurisdiction] [Name of Recording Jnptdcfion] SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. which carreritly has the address of 2 WINDCROFT CT, CARLISLE [Street/City] Pennsylvania 17 013 ("Property Address"): MP code] 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 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 MFRS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, bMRS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, accept for encsmabmnxs of record. Borrower waatants and will defend generally the title to the Property against all claim and demands, subject to any encumbrances of record. Gk4WA) (06011) CHL (10/05) Page 4 of 17 Form 3039 1/01 BK 1992PG283.0 u DOC ID #: 00016859116405007 THIS SBCURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real Ply. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: L Pay unt 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 mach in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instcumatt 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 fomoe, 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. 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. Lander may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan cunt Lander 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. R each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lander may hold such unapplred 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 small relieve Borrower from making payments due under the Note and this Security Instrument orpe forming the covenants and agreements secured by this Security Instrument. 2 Application of Payments or Proceeds. Except as otherwise described in this Section Z, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts #W be applied first to late chsa pk second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 4R4A(PA) (0508) CHL (10/05) Page 5 of 17 Form 3039 1/01 BKI9.92PG28.3I DOC ID #: 00016859116405007 3. Fbnds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments ate 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 alien or encurnbrence on the Property; (b) leasehold payments or ground rents on the Property, if any; (e) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assannents, if any, be escrowed by Borrower, and such dues, fees and assessments sW 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 Borrowers 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 for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Leader receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may eaurelse its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any 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 Leader 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 curr= 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. Lander 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 than 12 monthly payments. A-0A(PA) (0508) CHL (10/05) Page 6 of 17 Farm 3038 1ro1 BKI992PG2832 DOC ID #: 00016859116405007 Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. 0narges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items am Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a mariner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only untU such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Leader 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 daft 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. S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "ezfended coverage," and any other hazards induding, but not limited to, earthquakes and floods, for which Lexler 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. Leader may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to -maintain any of the coverages described above, Lander may obtain insurance cove sge, at IL,end&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 5 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 renewal certificates. If 4%4WA) (0505) CHL (10105) Pago 7 of 17 Form 3039 1/01 8KI992PG2833 DOC ID #: 00016859116905007 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 Lander, for damage to, or destruction oA 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 undertalm promptly. Lander may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid at such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds, Fees for public adjusters, or other third parties, retained by Borrower shall not be paid 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 coveting 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'a 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 determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the property if damaged to avoid farther 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 40 -6A(PA) (0509) CHL (10/06) Pa®o S of 17 Fornf 3039 1101 SKI992PG28'34 ?••- DOC ID #: 00016859116405007 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. Leader or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. & Borrower's Loan Application. Borrower shall be in default I& during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrowees 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 ace 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 Instrmnent. If (a) Borrower fails to perform the covenants and agreements contained in this Security Inst ument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrurnett (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 Lenders 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 alien which has priority over this Security Instrument (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Leader 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. 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, Burrower shalt pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Loader. 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-rdWubbk loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fad that the Loan 4"PA) MOM CHL (10105) Page 9 of 17 Form 8038 1101 BK ! 992PG283.5 DOC ID #: 00016859116405007 is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shalt pay the premium required to maintain Mortgage Insurance in effect, or to provide a non-rerimdable loss reserve, until Leader'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. NN ft in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party 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 losses. These agreements are on tums and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premitmns paid to the insurer, the arrangement is often termed "captive reinsurance." Further. (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 entitle Borrower to any re8md. (b) Any such agreements will not affect the rights Borrower has • if any . with respect to the Montage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain comEsSm of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such caneeRation 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 at-OA(PA) (0608) CHL (10/03) Page 10 of 17 Form 3038 1101 BK ! 992PG283.6 DOC ID #: 00016859116405007 repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Boaxower. 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 of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not than 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 madmt 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 seduced by this Socurity Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial tatting, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value, is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Leader otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the stomas 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 Borrows that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lenders 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 of Lender's interest in the Property or rights under this Security Instrument The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property arse 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 ordexprovided for in Section 2. 11 Borrower Not Released; Forbearance By Lender Not a Waiver. Buension 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 Suter in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of 4k-GNPA) P=) OHL (10/05) Page 11 of 17 Form 3039 1/01 BK I 992PG283-7 DOC ID #: 00016859116405007 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 Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-slg=7): (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, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrowers obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrowers 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 succ eam and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services pmfba ned in connection with Borrower's defturlt, for the purpose of protecting Lender's interest in the Property and rights under this Security lrwument, 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 acpressly 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). Borrowers 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 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 (R4WPA) (05M) CHL (10105) Page 12 of 17 Form 3089 1101 6KI992PG283'8 DOC ID #: 00016859116405007 this Security Instrument is also required under Applicable Law, the Applicable Law requiruneant will satisfy the eoaesponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. 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 limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security 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 Mall 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. IL 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, instalhment 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 prier written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in aceardence 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 Right to Reinstate After Acceleration. If Borrower moats 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 Itrstrarnent4 (b) such other period as Applicable Law might specify for the termination of Borrowe es right to reinstate; or (e) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower. (a) pays Leader 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 inured in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lenders interest in the Property and rights under this Security Instrument; and (d) takes such action as Leader may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borowees obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Leader may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurers check or catshie es check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, et-sA(PA) (0508) CHL (10!05) Page 13 of 17 f=orm 3039 1101 SKI992PG283'9 DOC ID #: 00016859116405007 instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations -under the Now, this Security Instrument, and Applicable Law. 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 lour 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 Instrumant 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 party hereto a reasonable period after the.giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 2L Ha>ardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "13nvimnmental 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 praceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that ate 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). el-WA) (0509) CHL (10105) Page 14 0117 Form 3059 1101 8K 1992PG284'0. DOC ID $: 00016859116405007 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 Hazantkus 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 Teams, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Leader for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security bnehrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to care the default; (c) when the default mud be cured; and (d) that failure to cure the default as specified may result In aeoekration 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 sad the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. H the default is not cured as specified, Lender at its option may require immediate payment In 1h11 of all sums secured by this Security Instrument without farther demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entiM d to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not UndW to, attorneys, fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security lnsaument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects In proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption horn attachment, levy and sale, and homestead exemption. 25. Roiostatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purcima money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. Ct4WPA) (0508) CHL (10/05) Page 15 of 17 Form 8038 1/01 E111% 1992PG2841 i T f DOC ID #: 00016859116405007 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Seemity Instrument and in any Rider executed by Borrower and recorded with it. (Seal) rrower (sew) Borrower (Seal) -Borrower (Seal) -Borrower e K iq 9 a P6 a??a. 4R41A(PA) (0508) CHL (10/05) Page 16 of 17 Form 3039 1/01 ti J DOC ID #: 00016859116405007 COMMONWEALTH OF Pl!,NNSYLVANIA, rat C? ?„?` J County ss: On this, the ( day of before me, the undersigned officer, personally appeared ? -e known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/shelthey executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: Title of Officer COMMONMU'H OF K NSYLVANiA NOTAAIAI. SEAL MARK K. EMERY, No#atfyy public City of Harrtslsltrg QsuPhin County My Commission Expires ,ion. 10, 2011 ------------ CertMeate of Residence I. the correct address of the within-named Mortgagee is P Witness my hand this , do hereby certify that Box 2026, Flint, MI 48501-2026. day of 7?1?% 62a7 A Agent of Mortgagee 4ft -0A(PA) (UM) CHL (10/05) Page 17 of 17 Form 8038 1/01 8K1'992PG2843 Prepared by: PATRICIA L. CONLEY Countrywide Home Loans, Inc. dba America's Wholesale Lender Branch (I: 0000990 730 HOLIDAY DRIVE FL 4, BLDG 8 DATE: 05/15/2007 PITTSBURGH, PA 15220 CASE M Phone: (412)920-1000 DOC ID#: 00016859116405007 Br Fax No.: (412) 920-1050 BORROWER: ALICE L. HOOVER PROPERTY ADDRESS:2 WINDCROFT CT CARLISLE, PA 17013 LEGAL DESCRIPTION EXHIBIT A FHA/VAICONV • Legal Description Exhibit A 1C404-XX (04/03) (d) M '23991` 11111 ' 1 6 8 5 9 1 1 6 4 0 0 0 0 0 1 0 0 6 A 8K 1992PG28-44 q ? r Exhibit A ALL THAT CERTAIN lot or parcel of ground with the improvements thereon erected situate in South Middleton township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described in accordance with a Revised Final Plan - Phase I Greenfield Residential Development prepared by Melham Associates, P.C., dated August 4, 1989, last revised December 17, 1990 and recorded in Cumberland County Plan Book 62, page 8, as follows, to wit: BEGINNING at a point on the southern right of way line of Windcroft Court (24.00 feet wide), said point being on the dividing line between Lot No. 113 and Lot No. 114; thence continuing along the said dividing line South 00 degrees 47 minutes 54 seconds West a distance of 124.07 feet to a point at a corner of Lot No. 93 as shown on the above referenced plan (Greenfield Uplands Condominium); thence continuing along Lot No. 93 South 74 degrees 41 minutes 06 seconds West a distance of 33.31 feet to a point on the dividing line between Lot No. 112 and Lot No. 113; thence continuing along the said dividing line North 00 degrees 47 minutes 54 seconds east a distance of 133.32 feet to a point on the southern right of way line of Windcroft Court aforementioned; thence continuing along the said right of way line South 89 degrees 12 minutes 06 seconds East a distance of 32.00 feet to the point and place of BEGINNING. BEING Lot No. 113 as shown on the above referenced plan and being known and numbered as 2 Windcroft Court, Carlisle, PA 17013. TSS2404Mn BKI992PG2845 DOC ID #: 00016859116405007 PLANNED UNIT DEVELOPMENT RIDER THIS PLANNED UNIT DEVELOPMENT RIDER is made this FIFTEENTH day of MAY, 2007 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument's of the same date, given by the undersigned (the "Borrower") to secure Borrower's Note to Countrywide Home Loans, Inc. dba America's Wholesale Lender (the "Lender') of the same date and covering the Property described In the Security Instrument and located at: 2 WINDCROFT CT CARLISLE, PA 17013 (Property Address] The Property includes, but is not limited to, a parcel of land improved with a dwelling, together with other such parcels and certain common areas and facilities, as described in THE COVENANTS, CONDITIONS, AND RESTRICTIONS FILED OF RECORD THAT AFFECT THE PROPERTY (the "Declaration"). The Property is a part of a planned unit development known as GREENFIELD UPLANDS CONDO (Name of Planned Unit Development] MULTISTATE PUD RIDER - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Gk-7R (0411) CHL (12/05)(d) Page 1 of 3 VMP Mortgage Solutions, Inc. Form 3160 1/01 Ell 2 8 9 9 1 111illill 11 1 8 8 5 9 1 1 9 4 0 0 0 0 0 1 0 0 7 R PK i 992PG2846 v .d DOC ID #: 00016859116405007 (the °PUD"). The Property also includes Borrower's interest In the homeowners association or equivalent entity owning or managing the common areas and facilities of the PUD (the "Owners AssockMon j and the uses, benefits and proceeds of Borrower's Interest PUD COVENANTS. In addition to the covenants and agreements made in the Security instrument, Borrower and Lender further covenant and agree as follows: A. PUD Obligations. Borrower shall perform all of Borrower's obligations under the PUD's Constituent Documents. The "Constituent Documents" are the (1) Declaration; (IQ articles of incorporation, trust Instrument or any equivalent document which creates the Owners Association; and (lit) any by-laws or other rules or regulations of the Owners Association. Borrower shall promptly pay, when due, all dues and assessments imposed pursuant to the Constituent Documents. B. Property Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, a "master" or "blanket" policy insuring the Property which is satisfactory to Lender and which provides insurance coverage in the amounts (including deductible levels), for the periods, and against loss by fire, hazards included within the term "extended coverage," and any other hazards, including, but not limited to, earthquakes and floods, for which Lender requires Insurance, then: (I) Lender waives the provision in Section 3 for the Periodic Payment to Lender of the yearly premium Installments for property insurance on the Property; and 01) Borrower's obligation under Section 5 to maintain property insurance coverage on the Property is deemed satisfied to the extent that the requited coverage is provided by the Owners Association policy. What Lender requires as a condition of this waiver can change during the term of the loan. Borrower shall give Lender prompt notice of any lapse In required property insurance coverage provided by the master or blanket policy. In the event of a distribution of property insurance proceeds In lieu of restoration or repair following a loss to the Property, or to common areas and facilities of the PUD, any proceeds payable to Borrower are hereby assigned and shall be paid to Lender. Lender shall apply the proceeds to the sums secured by the Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. C. Public Liability Insurance. Borrower shall take such actions as may be reasonable to Insure that the Owners Association maintains a public liability insurance policy acceptable in form, amount, and extent of coverage to Lender. 0. Condemnation. The proceeds of any award or claim for damages, direct or consequential, payable to Borrower in connection with any condemnation or other taking of all or any part of the Property or the common areas and facilities of the PUD, or for arty conveyance In lieu of condemnation, are hereby assigned and shall be paid to Lender. Such proceeds shall be applied by Lender to the sums secured by the Security Instrument as provided in Section 11. 4R-7R (0411) CHL (12/05) Page 2 of 3 Form 3150 1%01 BK I 992PG28-47 a._ .N DOC ID #: 00016859116405007 E. Lender's Prior Consent. Borrower shall not, except after notice to Lender and with Lender's prior written consent, either partition or subdivide the Property or consent to: (I) the abandonment or termination of the PUD, except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (9) any amendment to any provision of the "Constituent Documents" If the provision is for the express benefit of Lender; (iii) termination of professional management and assumption of set-management of the Owners Association; or (iv) any action which would have the effect of rendering the public liability insurance coverage maintained by the Owners Association unacceptable to Lender. F. Remedies. If Borrower does not pay PUD dues and assessments when due, then Lender may pay them. Any amounts disbursed by Lender under this paragraph F shall become additional debt of Borrower secured by the Security Instrument. Unless Borrower and Lender agree to other terms of payment, time amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with Interest, upon notice from Lender to Borrower requesting payment. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this PUD Rider. (Seal) rrower {Seal) - Borrower (Seaq - Borrower I Certify this to be recorded (Seal) In Cumberland County PA - Borrower Recorder of Deeds 1t-7R (0411) CHL (12/05) Page 3 of 3 Form 3150 1101 6K.[ 9.92PG28 9 c r Prepared try: PATRICIA L. CONLEY &j DATE: 05/14/2007 BORROWER: ALICE L. HOOVER CASE #: LOAN #: 168591164 PROPERTY ADDRESS: 2 WINDCROFT CT CARLISLE, PA 17013 Countrywide Nome (Loans, Inc. dba America's Wholesale Lender Branch 1: 0000990 730 HOLIDAY DRIVE FL 4, BLDG 8 PITTSBURGH, PA 15220 Phone: (412)920-1000 Br Fax No.: (412)920-1050 DISCLOSURE STATEMENT ABOUT MERS Mortgage Electronic Registration Systems, Inc. (MERS) is named on your mortgage as the mortgagee in a nominee capacity for Countrywide Home Loans, Inc. dba America's Wholesale Lender (Lender). MERS is a company separate from your lender that operates an electronic traddng system for mortgage rights. MERS Is not your lender; it is a company that provides an alternative means of registering the mortgage lien in the public records. MERS maintains a database of all the loans registered with it, including the name of the lender on each loan. Your fender has elected to name MERS as the mortgagee in a nominee capacity and record the mortgage in the public land records to protect its lien against your property. Naming MERS as the mortgagee and registering the mortgage on the MERS electronic traddng system does not affect your obligation to your Lender, under the Promissory Note. e MERS Diadcoure Statement D542-US 'fCIR) 6K 19 9 2 PG 2 8 4 9 pW tt??? lJ V V (^A e'"t C? r C? °'sl 73 t R Thomas Kline Sheri Ronny R Anderson Chief Deputy Sheriff s Office of Cumberland County ptlatiar4y Edward L Schorpp Solicitor Jody S Smith OFF CE aF THE sHEfliF? Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/06/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search an inquiry for the within named defendant to wit: Occupants of 2 Windcroft Court, Carlisle, Cumberland Coun Pennsylvania 17013, but was unable to locate them in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Alice L. Hoover. 04/06/2009 10:45 PM - Mark Conklin 2009 at 2045 hours, he s named defendant, to wit: Locust Street, Shireman: handing to her personally SHERIFF COST: $60.70 April 06, 2009 2009-1961 COUNTRYWIDE HO: VS ALICE L. HOOVER Deputy Sheriff, who being duly sworn according to law, states that on April 2, Brved a true copy of the within Complaint in Mortgage Foreclosure, upon the with Alice L. Hoover, by making known unto herself personally, defendant at 126 Sou- town, Cumberland County, Pennsylvania 17011 its contents and at the same tim. the said true and correct copy of the same. SO ANSWERS, R THOMAS KLINE, SHERIFF BAe LOANS 'ty Sheriff F4B)-4 ='r?cE OF THE PROTHONOTARY 2009 APR -9 AM 9: 48 PENtZYLN',% A McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans Servicing, L.P. tka Countrywide Home Loans Servicing, L.P. Plaintiff V. Alice L. Hoover Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 09-1961 Civil term ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal Interest from 03/27/09 to 05/04/09 $ 157,140.91 $ 1,106.43 Total $ 158,247.34 TE ENCE J. MCCABE, SQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff AND NOW, this -SI-0hday of , 2009, Judgment is entered in favor of Plaintiff, BAC Home Loans Servicing, L.P. fka Countrywide H me Loans Servicing, L.P., and against Defendant, Alice L. Hoover, and damages are assessed in the amount of $158,247.34, plus interest and costs. BY ME PROTHONO RY: McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans Servicing, L.P. tka Countrywide Home Loans Servicing, L.P. Plaintiff V. Alice L. Hoover Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 09-1961 Civil term AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SS. The undersigned, being duly sworn according to law, deposes and says that the Defendant, Alice L. Hoover, is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendant, Alice L. Hoover, is over eighteen (18) years of age, and reside as follows: Alice L. Hoover 126 South Locust St Shiremanstown, Pennsylvania 17011 SWORN AND SUBSCRIBED BEFORE ME THIS 4`h DAY OF APRIL , 2009 OTARY PUBLIC oMen'of PEMsnvANA NOTARIAL SEAL GLOM 0. MTCNELL, Notary Public .Phila. Cour?ry .hxie 2, 2611 TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans Servicing, L.P. fka Countrywide Home Loans Servicing, L.P. Plaintiff V. Alice L. Hoover Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 09-1961 Civil term CERTIFICATION The undersigned hereby certifies that he is the attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendant that judgment would be entered against him/her within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked as Exhibit "A". SWORN AND SUBSCRIBED BEFORE ME THIS 4" DAY OF -APRIL , 2009 ,/NOTARY PUBLIC coMMO?ww.,rf+ofr nv WBTARML SEAL GLORIA D. MITCHELL. Notary Pubic City of ia, Phila. Co" My Commission Expires June 2, 2011 TERRENCE J. McC BE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff VERIFICATION The undersigned hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities. - (A"t r I IItAw'? TERRENCE J. MCCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff q /0 /)r--/6, OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary April 23, 2009 U&H To: Alice L. Hoover Ex 181T A 126 South Locust St Shiremanstown, Pennsylvania 17011 Countrywide Home Loans Servicing; L.P. Cumberland County Court of Common Pleas VS. Alice L. Hoover Number 09-1961 Civil term NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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 ABOITIAGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 NOTIFICACION IMPORTANTE LISTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSES U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER LISTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y LISTED PODRIA PERDER BIENES U OTROS DERECHOSIMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A 0 TELEFONEA LA onaNA EIG'USO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMAC16N ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMAC16N ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO RF.DUCIDO NI NINGON HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800 -910 BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE FRANK DUBIN, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE swg RLED-OFRCE OF THE PPOTHONOTRRY 2N4 MAY -5 AM 11: 19 .. as '.. --,?a }?)??{y?? CWBE" A PENNSYLVANtA fd /I/ o e& S'17UU pt ?' 0-0- clUyO Iuwld odi'll r OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Alice L. Hoover 126 South Locust St Shiremanstown, Pennsylvania 17011 BAC Home Loans Servicing, L.P. &a Countrywide Home Loans Servicing, L.P. Plaintiff v Alice L. Hoover Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 09-1961 Civil term NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. -)?Prolthonot X Judgment by Default - Money Judgment - Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call McCabe, Weisberg and Conway P.C. at (215) 790-1010. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARL S. WEISBERG, ESQUIRE - ID # 17616 EDWARll D. CONWAY, ESQUIRE -Ill # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Countrywide Home Loans Servicing, L. P. Plaintiff v. Alice L. Hoover Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 09-1961 Civil term PRAECIPE FOR SUGGESTION OF NAME CHANGE TO THE PROTHONOTARY: n ~ c' '_' ~~,':'T _ ~-_ ~rX ' :,~ r~ r ~r3 t . q . ' l C~ ":~ f` -~' _ err: ~..=~ ' fV --i d -~G Pursuant to Rule 2352(a) Pa.R.C.P,, it is hereby suggested of record that Plaintiffs name has changed and is now known as BAC Home Loans Servicing, L.P. fka Countrywide Home Loans Servicing, L.P., and that the caption of the matter shall now be BAC Home Loans Servicing, L.P, fka Countrywide Home Loans Servicing, L.P. vs. Alice L. Hoover. See attached certificate of filing. Plaintiff's counsel continues to represent the plaintiff in the case at bar. ,t/ A ~ii TERRENCE J. McC BE, ESQUIRE MARL S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff $g.oO PA ATN ~~ 88a!(, R a3~oo~ Entity #: 567020 Date Filed: 04/29/2009 Pedro A. Cartes Secretary of the Commonwealth F- PENNSYLVANIA DTPARTMENT OF STATE CORPORATION BUREAU Certificate ofAmendment ofRegistration-Foreign (l5 Pa.CS. § 8585) 7e Limitod Partneuship Registered Limited (~iabiiity Partnership Registered Limited Liability Company l~nc Document x411 be rcturocd to the nrtase s ad sddrau you ea IK to Addre~ the left. _ ~ City ~ ~ ~~ ~ ~~~ 21pCade FOREIGN - LINN~D PARTN RSHIPnPMENDMENT 3 Page(s) Fee: 5250 I~E~~~~~IEN~III&II~~II~~1VR In compliance with the r+egtritrments of 13 Pa.C.S. § 8585 (relating to amended certificate of rcgitxration), the undersigned, desiring to change the orran$ements or other focta described in its application for registration as a foreign limited partnership, foreign registered lintitcd )lability partrrenhip or a foregn limited liability carryany Iru-eby slates that: 1. The name under which the associaton was registered (or last registered) to do business in the Commonwealth oFPennaylvania is: Countrywide Homer Loam Servicing LP 2. The (a) address of ita initial registered office in this Commonwealth or (b) name elite comnwrcial regiatcrod office provider and the county of vrntee ia: (a) Number and street City State "Lip County (b) Name of Comnen;ial Registered Office Provider ~ ,Cpynry do: CT Corporation System ~ 3. (ljapplioaWe): ThC address of the registered office of the association in this Contrrwrtwealth is hereby changed to: r . (a) Number and street CIty State Zip County (b) Name of Comtrreroial Registered Oftico Provider County do: rnow - ~W uaos crc„e. o.a~. ?fiR4 ltiDt~ ~n nu n: r.: DSCf3:15-8585-2 4. {fapp!lcablt: Tlie association desires that its registration be amended to change its mme to: DAC 1•Iomo Laana Servicing, LP 5. /jappllcablr. The association deairea that its registration be amended as follows in order to reflect arrangements ~ other facts that have changed, 'The Dame of the gerwnl partner has changed to: BAC CiP, LLC, located of X500 Park Grarmdn, Colabasaa, CA 9130? 1N TESTIMONY WHEREOF, the undcrcigned has caused this Certificate of Amendtnmt of Registration to be signed by a duly authorized officer, member or manager thereof this ~ day of April 2009 , Countrywide Rome Loaga Scrvieirg LP _, . Name of Association c ~~~~ Signature BAC GP, LLCr GENERAL PARTNER BY DEVRA LINDGRENr ASSISTANT SECRETARY OF BANK OF AMERICA, NATIONAL ASSOCIATION ITS MANAGER rM~ • ~a~ortaaa c r s)m.n o.wn. Docketing 5tatemcnt (Changes) DSC$:15-1348 Part I. Cornplsts jor each Jilitrg: BUREAU USE ONLY: ~ Revenue ~ Labor & Industry U Other File Code Filed Date Current namo of entity or registrant (survivor or new entity ifrmrger or consolidation): Countrywide Home Loans Servie'~LP Entity number, ifknown: 587020 Inoorporstion/qualiflcation date in PA: 03/13/2006~~ State of Inc: Texas Federal EEN: g5-4797107 Spxifieai effective data, if rrry: ~~ Part II, Cbtck proper box: 1< Amendment (canplcte Section A) _ Merger, Consolidation or Division (comptcte Station t3,C or D) .~ Consolidation (complete Section C) Division (complete 5ectian D) ____ Conversion (compktt Section A do E} _ Correction (complete Section A) _,,,, Tcrtninaliun (wmplete Section H) ~ Revival (complete Soction D) _ Dissolution before Commencement of Business (complete Section F) >< Section A - Check bar(es) whtch pertain to changes: T_ x Name: Name changed tn: t3AC Home Loans Servicing, LP _ Registered Office: Number 8c strcet/ItD number & box numbs City State Zip County ,_ PUTp05C: _ Sloak (aggreKate aumbcr of share aulhori7,od): _ ECfectivo data: _Term oftacistence: ,~ Other. Section B -Merger Complete Sectlox A if any changes /a rrtrvivin~ entity: Merging )rotities are: (attach alxrt for addilionpl nrcrgirtg aNiries) Name: >~ , Entity R, if known: Effective date: IncJquel, darn in PA. State of Inc. Nnme: Ertity M, if known: Effective date: ]nclyual. dato in PA. State oCinc. rnai, • srt,ws c rss+~+o.w. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~~«tr ct ~~firrGrgf~~~~ ~7FF14':~ a~F Thy $YE.~SIFF ~~' r- . T' "`_ _-' _ ~ Y Ci,'Pu~ ;''J i `t i ~ ~ . . `'.",r .,. . BAC Home Loans Servicing, L.P. vs. Alice L. Hoover SHERIFF'S RETURN OF SERVICE Case Number 2009-1961 12/22/2009 06:47 PM -Michael Garrick, Deputy Sheriff, who being duly sworn according to law, states that on December 22, 2009 at 1847 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Alice L. Hoover, by making known unto, Alice L. Hoover, personally, at, 126 South Locust Street, Shiremanstown, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 12/28/2009 06:26 PM -Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on December 28, 2009 at 1825 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Alice L. Hoover, located at, 2 Windcroft Court, Carlisle, Cumberland County, Pennsylvania according to law. 02/09/2010 Property sale postponed to 6/2/2010. 06/10/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 2, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Terrance Mccabe, on behalf of Federal National Mortgage Association, 1900 Market Street, # 800, Philadelphia, PA 19103 being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 1,031.75 SHERIFF COST: $1,031.75 SO ANSWERS, ~~ June 30, 2010 RON R ANDERSON, SHERIFF a'~ ~- ~. sa ~~a. ~~i 770 d ~ ;c;. CounfySuite Sheriff. Teleosoff. Inc. ~" - ~ ` S f ~r i McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARL S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIItO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 215 790-1010 Countrywide Home Loans Servicing, L.P. Plaintiff v. Alice L. Hoover Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 09-1961 Civil term AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 2 Windcroft Court, Carlisle, Pennsylvania 17013, a copy of the description of said property being attached hereto and marked Exhibit ..A ~~ 1. Name and address of Owner or Reputed Owner Name Address Alice L. Hoover 126 South Locust St Shiremanstown, PA 17011 2. Name and address of Defendant in the judgment: Name Address Alice L. Hoover 126 South Locust St Shiremanstown, Pennsylvania 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein .. 4. Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein Mortgage Electronic Registration 4500 Park Granada MSN# SVB-314 Systems, Inc., as nominee for Calabasas, California 91302-1613 Countrywide Home Loans, Inc. 5. Name and address of every other person who has any record lien on the property: Name 6. 7 None Address Address Name and address of every other person who has any record interest in the property which may be affected by the sale: Name None Address Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Address 2 Windcroft Court Carlisle, Pennsylvania 17013 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 110 North 8~' Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 r i PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Domestic Relations Cumberland County United States of America Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA 235 North Washington Street Scranton, PA 18503 and Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 8. Name and address of Attorney of record: Name Address None I verify that the statements made in this Affidavit aze true and correct to the best of my personal lrnowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. September 25, 2009 DATE ~. TERREN J. McCABE, SQUIRE MARL S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, E5QUIItE - ID # 16496 Attorneys for Plaintiff MARL S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIItE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW Countrywide Home Loans Servicing, L.P. ~ COURT OF COMMON PLEAS v. Alice L. Hoover CUMBERLAND COUNTY Number 09-1961 Civil term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Alice L. Hoover 126 South Locust St Shiremanstown, Pennsylvania 17011 Your house (real estate) at 2 Windcroft Court, Carlisle, Pennsylvania 17013 is scheduled to be sold at Sheriffs Sale on March 3, 2010 at 10:00 a.m in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to eiforce the court judgment of $158,247.34 obtained by Countrywide Home Loans Servicing, L.P. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Countrywide Home Loans Servicing, L.P. the back payments, late charges, costs, and reasonable attorney's fees due. To fmd out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. ~ If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may fmd out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To fmd out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800)990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800)990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN LOT OR PARCEL OF GROUND WITH THE IMPROVEMENTS THEREON ERECTED SITUATE IN SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED IN ACCORDANCE WITH A REVISED FINAL PLAN-PHASE I GREENFIELD RESIDENTIAL DEVELOPMENT PREPARED BY MELHAM ASSOCIATES, P.C. DATED AUGUST 4, 1989, LAST REVISED DECEMBER 17, 1990 AND RECORDED IN CUMBERLAND COUNTY PLAN BOOK 62, PAGE 8, AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE SOUTHERN RIGHT OF WAY LINE OF WINDCROFT COURT (24.00 FEET WIDE), SAID POINT BEING ON THE DMDING LINE BETWEEN LOT NO. 113 AND LOT NO. 114; THENCE CONTINUING ALONG THE SAID DIVIDING LINE SOUTH 00 DEGREES 47 MINUTES 54 SECONDS WEST A DISTANCE OF 124.07 FEET TO A POINT AT A CORNER OF LOT N0.93 AS SHOWN ON THE ABOVE REFERENCED PLAN (GREENFIELD UPLANDS CONDOMINIUM); THENCE CONTINUING ALONG LOT NO. 93 SOUTH 74 DEGREES 41 MINUTES 06 SECONDS WEST A DISTANCE OF 33.31 FEET TO A POINT ON THE DIVIDING LINE BETWEEN LOT NO. 112 AND LOT NO. 113; THENCE CONTINUING ALONG THE SAID DIVIDING LINE NORTH 00 DEGREES 47 MINUTES 54 SECONDS EAST A DISTANCE OF 133.32 FEET TO A POINT ON THE SOUTHERN RIGHT OF WAY LINE OF WINDCROFT COURT AFOREMENTIONED; THENCE CONTINUING ALONG THE SAID RIGHT OF WAY LINE SOUTH 89 DEGREES 12 NIINUTES 06 SECONDS EAST A DISTANCE OF 32.00 FEET TO THE POINT AND PLACE OF BEGINNING. BEING LOT 113 AS SHOWN ON THE ABOVE REFERENCED PLAN. PARCEL NO: 40-24-0748-045. BEING KNOWN AS 2 Windcroft Court, Carlisle, Pennsylvania 17013. BEING the same premises which KWANG JA SHIN by deed dated May 9, 2007 and recorded May 17, 2007 in the office of the Recorder in and for Chmberland County in Deed Book 280, Page 161, granted and conveyed to Alice L. Hoover in fee. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-1961 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff (s) From ALICE L. HOOVER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $158,247.34 L.L. $.50 Interest FROM 05/05/09 TO 3/3/10 $7, 881.03 AT $26.01 Atty's Comm % Due Prothy $2.00 Atty Paid $179.70 Other Costs Plaintiff Paid Date: 9/28/09 Curtis R. Lo ho tary (Seal) By: Deputy REQUESTING PARTY: Name: MARC S. WEISBERG, ESQ Address: 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone : 215-790-1010 Supreme Court ID No. 17616 On October 9, 2009 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township Cumberland County, PA, Known and numbered as 2 Windcroft Court, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 9, 2009 4 ~~~~. Real Estate Coordinator ~, ~,~, 7~ ~ ^ 4 (\~~,~r , ~' \~ (~ L '4~\~ .~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regulazly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 22. January 29, and Febru 5.2010 Aff~ant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication aze true. Coyne, SWORN TO AND SUBSCRIBED before me this 5 day of Februat ~~2010 / ; ~ ~ ~r . Notary (~ NOT EAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAPJD COUNTY My Commission Expires Apr 28, 2010 wit xo. ~0ol-19si ciu BAC Home Loans Servicing, L.P. F/K/A Countrywide Home Loans Servicing, L.P. vs. Alice L. Hoover Atty: Margaret Gairo ALL THAT CERTAIN lot or parcel of ground with the improvements thereon erected situate in South Middleton Township, Cumberland County, Commonwealth of Pennsyl- vania, more particularly bounded and described in accordance with a Revised Final Plan-Phase I Greenfield Residential Development prepared by Melham Associates, P.C. dated Au- gust 4, 1989, last revised December 17, 1990 and recorded in Cumber- land County Plan Book 62, Page 8, as follows, to wit: BEGINNING at a point on the southern right of way line of Wind- croft Court (24.00 feet wide), said point being on the dividing line be- tween Lot No. 113 and Lot No. i 14; Thence continuing along the said dividing line South 00 degrees 47 minutes 54 seconds West a distance of 124.07 feet to a point at a corner of Lot No.93 as shown on the above referenced plan (Greenfield Uplands Condominium); Thence continuing along Lot No.93 South 74 degrees 41 minutes 06 seconds West a dis- tance of 33.31 feet to a point on the dividing line between Lot No. 112 and Lot No. 113; Thence continuing along the said dividing line North 00 degrees 47 minutes 54 seconds East a distance of 133.32 feet to a point on the southern right of way line of Windcroft Court aforementioned; Thence continuing along the said right of way line South 89 degrees 12 minutes 06 seconds East a distance of 32.00 feet to the point and place of BEGINNING. BEING Lot 113 as shown on the above referenced plan. PARCEL NO: 40-24-0748-045. BEING KNOWN AS 2 Wind- croft Court, Carlisle, Pennsylvania 17013. BEING the same premises which KWANG JA SHIN by deed dated May 9, 2007 and recorded May 17, 2007 in the office of the Recorder in and for Cumberland County in Deed Book 280, Page 161, granted and conveyed to Alice L. Hoover in fee. PROPERTY ADDRESS: 2Wind- croft Court, Carlisle, PA 17013. .~~he Patriot-News Co. 812 Market St. , Harrisburg, Pi417101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c~he~lahiot News NOw you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 01 /22/10 01 /29/10 02/05/10 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L. IGsner, Notary Public City Of Harrisburg; Dauphin County My Conxnission E~ires Nov. 26, 2011 Member, Pennsylvania Association of Notaries . ~~~ , w:. ~~ .` COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffls Deed in which FEDERAL NATIONAL MTG ASSOC is the grantee the same having been sold to said grantee on the 2ND day of JUNE A.D., 2010, under and by virtue of a writ Execution issued on the 28TH day of SEPT, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 1961, at the suit of COUNTRYWIDE HOME LOANS SERV L P against ALICE L HOOVER is duly recorded as Instrument Number 201018321. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this $` day of A.D. / U Deeds Reoardord Deed, Anibedr+OAau~ ~rMe„!yl My Comrt~ior-FaphelheFMMaidrydJm. zON