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HomeMy WebLinkAbout09-4281?j SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 ILANA ZION, ESQ., ATTORNEY I.D. NO. 87137 LESLIE RASE, ESQ., ATTORNEY I.D. NO. 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-035645 HSBC Bank USA, N.A., as Indenture Trustee COURT OF COMMON PLEAS for the registered Noteholders of Renaissance CIVIL DIVISION Home Equity Loan Trust 2006-3 PLAINTIFF VS Cathy Ann Peiffer 579 Hillcrest Drive Carlisle, PA 17015 DEFENDANT CUMBERLAND COUNTY NO: COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE M(// %?iln NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 -ILANA ZION, ESQ., ATTORNEY I.D. NO. 87137 LESLIE RASE, ESQ., ATTORNEY I.D. NO. 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-035645 HSBC Bank USA, N.A., as Indenture Trustee for the registered Noteholders of Renaissance Home Equity Loan Trust 2006-3 PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: U el-_ --/ 8/ d,vJ_ -"- VS. Cathy Ann Peiffer 579 Hillcrest Drive Carlisle, PA 17015 DEFENDANT COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, HSBC Bank USA, N.A., as Indenture Trustee for the registered Noteholders of Renaissance Home Equity Loan Trust 2006-3, the address of which is, 1661 Worthington Road; Suite 100, P.O. Box 24737, West Palm Beach, Florida 33415, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: Mortgage Electronic Registration Systems, Inc. as Nominee for Fidelity Mortgage, a division of Delta Funding Corporation Mortgagor s : )Cathy Ann Peiffer (b) Date of Mortgage: July 20, 2006 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Mortgage Book 1960, Page 342 Date: July 28, 2006 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assignments: Assignor: Mortgage Electronic Registration Systems, Inc. as Nominee for Fidelity Mortgage, a division of Delta Funding Corporation Assignee: HSBC Bank USA, N.A., as Indenture Trustee for the registered Noteholders of Renaissance Home Equity Loan Trust 2006-3 2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by virtue of the above-described Assignment(s). 3. The real property which is subject to the Mortgage is generally known as 579 Hillcrest Drive, Carlisle, Pa 17015 aka 17013 and is more specifically described as attached as part of Exhibit "A": 4. Each Mortgagor named in paragraph 1 executed a note as evidence of the debt secured by the Mortgage (the "Note"). A true and correct copy of the Note is attached and marked as Exhibit "B". 5. The name and mailing address of the Defendant is: Cathy Ann Peiffer, 579 Hillcrest Drive, Carlisle, PA 17015 6. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 7. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of March 1, 2009 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 8. The following amounts are due as of June 16, 2009: Principal Balance Due Interest Currently Due and Owing at 11.49% From February 1, 2009 to June 16, 2009 Late Charges Escrow Advances Appraisal Fees Property Inspection Title Search Cost Attorney Fees & Costs of Foreclosure TOTAL $100,062.95 $4,284.00 $510.16 $1,557.11 $111.00 $10.50 $250.00 $5,000.00 $111,785.72 9. Interest accrues at a per diem rate of $31.50 each day after June 16, 2009, that the debt remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other expenses, costs and charges collectible under the Note and Mortgage. 10. The attorneys' fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriffs sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. 11. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et SeMc ., was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Pursuant to the act of December 21, 1998 (P.L. 1248, No. 160) (Act 160), this Notice contains the information required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P.S. Section 403 et seq., and separate Notice of Intention to Foreclose is not required. Copies of the Notice are attached hereto as Exhibit "C". WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendant, in the amount set forth in paragraphs 8 and 9, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. SHAPIRO & DeNARDO, LLC Date: ,Q1 no I,- BY: Attorneys for Plainh S & D File No. 09-035645 06/10/2009 14:59 ol 0) 7172921325 y1 alas j4I ?r11Y :J?LU-•- 12 10 A? ReonnI - ft m Ta: d4hft A . to Phi 1 ? 412-937 3? ?100 l 1?. u.a l? MORTGAGE LENDER= 1VIar a division of Delta Funding Cora) LOAN #: 0103 227 NOkNEE: MERE, MEN Nu~. 10007660000OOM5 DEFINMONS Worlds used feu inaftle sections of this document are defted below sod odter wads are defined is Sbctions 3, 11, 0, 18, 20 sod 21. Certain rues regarding the usage: of words used in this document are also provided in Section 16. (A) "Secarky fit" means this Accanneut, which is load J* Udk, 20th togedm wAh all Ridersis document. (B) "Borrower" is CATHY 1IN lt. Boaeover is the mortgagor under this Security Instrument. "MERE" is >3[ c Syslems, Ine.11 O S is a t c .13 a-giu q aolely?aominee for L?cRic ader sad Lend and awgm ;W& is t" morie ee tattler this Seeable las&mm at bum is and existing under the laws of Delaware, and has an adds= and telephow number of .O. Boa 2026, Flint, MI 48501-2025, tel. (888) 679-MMtS. (D) "Linder" is Fbbby Me tg p a dMsion ofEkft fimdiag Corporation. Lea LCldt is a or orgselmed and existing utnrllr the laws of New SCadc. Lender's address is iWoodbmy Road, Woadbuty, New York 11747. (Z): "Nate" memo the promissory note signed by Borrower and dated Ja4 Ud, 2006. no Noto states that Bonower cares Lender one hundred one thomand five wed Dollars (U.&S101,'3QO M pons mOnt. Borrowev bas promised to pay this debt in regulw PGtwft Payments and to pay ft debt in full not later than= tat; 2036. (F) "Prof"" awns tie pmw ty that is deaorr below aaft dte beadit "T wafer of Rights in the Property.- 0A - WgMfGn vAMlA-Meat ?.mNP4%.v Lt@Mrfom 1e lMmUf4at 0M n.sr?wrtarr ( lwm ? im &W i VMPO y PAGE 06/23 00 ???? ?19SAi,6ik3??:? fEEXhi'b1=? "f? 06/10/2009 14:59 7172921325 (0 "Low mss the debt "Wenced by the Noon, plus WWrat my P Y and date chargees dine undw the Nom and all Sums dine under this Socu dty Ynsdn>m d, plus Wks est. ?owz?ng?? nleaas? Ridexs??t? Ha go=* bnausnent ( ?? cuwuled by l?orrorou?cr. TbC ? A0affime PAM Rider CI Caadombia mn Aidec ? seeaod Home Rider ? Sstloae Rides ? Pbnwd Unit Dw& mt Rider Q OWE) [ 'L- ? t-c Family Rider ? Bmakly Pa Mad Rider (1) Tarr" mesas an oonft+olling app]icable federal, state and loaf Marton, reguJatiaas, ordcaancee dad admiaisaative riles and oc+dcrs (that have dx cftk c t of law) ss woelt w to 'tadicial s? h? ? alp Dom Fees, nd Asiesomettta" means all des, tics, "MMOMM or die Pv pasty by u con&xub i= noxistiM M " an. bolabolwom VIA (K) -"Zb=b ft F ds Tr old" modus any unafex of f=ds, ad= than a ummoctiou similar paper iustrnmen% which is snit Md an d octmoic oregWoted by k , or t riAnai, tel? insaumev& computer, or maipubc so as to order. i=or sudwrine a 5na"I is tion to debit at aire fist an amootmt. Such tetnoAt includes, but is nat limidoA to, you -of-sale usuf m st omated to lkr macbics acct ors, u efts iattatatod by telephone, v;N4le tiaasff<wrta, and . (L) ",saw Theresa" means those how that we descrebed in Section 3. (ND: " Proeeeds" mesas my co?nstt sankmaat, sward of damager, or proaeeela Paid by my third (a than itrsurance pt?ooeads paid. r i &C Midion. or des Win See ice 5) for. 0 to, or won of, the Prop' othete taldng of sU or any part 74= . (iii) oomaymm in lien o • or (iV) mimlepres?tloas of err omisseoas as Uo, the vahee: sadlor oogdltian of the Property. M Y "blert" Inso mee" meads inmuce pmtecmg Leadu? most the no el, t o& or de8p„lt era, tthhee roan. "areas the rewdarly scheduled asuto = due for 0) pcmc,?at stud kared tr(4}'adtr 69 Par 9mlie Node, plus ? (if) (? P my asnooMs uadm Seadw 3 of this Smu ty?.Iaehilooxnt. y ` M " (P) : "RENA" means the Reid Pace 5ealematr Prnoedix ea Act TZ UM.C,,12601 ct seq.) and its imp(tme nttag cegulstimL ? X C.P.. Part 3500), as AM might be mcaded from timed to utme, or day additioa d cc nor lgialOM or reguldon do $VMM 6 6 same subject roamer. As teed in the hmment, VWPA" ref&s teven' all the Lan dan thst] iadpoaed m regse+d to a P as ti "f xiormly tt?lamed mortg?e uWW (Q) "Successor in ftastist of Harrower" Memo. say pasty that bas taben title to the Property, whether or not test party has assumed Bosrowees oblWoess under did Note sodlor this Security bwavlaent. 'T'RANSFER OF RMHTS IN THE PROPERTY TbiB Secm'lty lusuu aA secures to Deader: Q) de mmFocut of the 1=4 and 41 nwwab, aNnsiam and modifications of die Note; and (' the palormant-P of amowees co a>sd agraate?a?ts under this Security Instt ment and None. U?A tt11Ne71LVAlIIA . rMM?MR M?e{MIRO?I rRgM?V'P pM?Mp lMMsW Lou M idV160wNF 07/23 IN] 9.60PG034.3 06/10/2009 14:59 7172921325 For this Wpoer, &nvww does haft - r, pmt smd dray to M11t.S (solely as Oooaiaa fur Lendea's and amps, and to be memmors and of as of b=% the f011oVmg d4ftx-W propuV kx*Bd in the which currmady has ibo sddreas of of 5"!9 EM Craft Dr. Csrdsle ,PtmmYraada 17613 prppwty Address): Section: F Bloch: Lot: 3 '110GETHER WITH aU the imp=sv nmtf now or bereaftor opened an the propcM, eod all acwmalmb, a - etaaaoea, sad fug now or bad a dart of &e property. All r eplocemeadc ,end a5di*cs sbali ado be mvarod. bar this Suety bafbvment Au of 6e =e aed to its ibis Seemity Ewuvnwmt w ?a up" = -a Hate war ntrdewwds and =%g r sfAd m holds a* torl we to the isme+esbe ggimtb+4 by Eknomm in this Seemity imeanment, but, if ===. "to w& law Cr C%Wbm , MEBS (as aaminee for L,eatle:r and. i.ealer's sumnsors sold afagaf ht ' right to mmein my or -so ofdKft ha 0, - fb, iwindt. bat of IN h -1 to, do right to &eclose mad sell 1lael mid to take stay scrim regma+ed of L includi*ug, bmt not limutied to, r+ebtaefg and pa this Seam* kohmumt. BORROWER COVENANTS that Horrowa is lawfully seised of *4 estate bereby conveyed and bas the n'& to. mm4m grant and convoy ft Prapmrty sad tbat doe Properly is Prapeaty an d and 3mmtode,mm"ect to mw ei>ambfmgp - ofreoart?l. Tm SECUBrIy YNST' tubuiN'T eombkm umubm ccovenum far nedood use and nmHmftm gummstitf with Wind vari dm by jwb$cdm to comfilm a w fwm numity i 5ft meat gaming real prepecrty. UNIFORM COVENANTS. Boroww ad invader oovana sad arm as follows: 1. P?aaarI of prhwk ed, Lrbraat, tames Ibay PJrapWWmeat lammea,? sad 14ft Pb* sa wear sbal! ? md? a W? under &C d*- DOCK"m don ? and nd aqy ptepsym I oR cbl?es 5mds for pAmm pslmirt to Samoa 3. Payments doe under ft Noe sad tt Security "be made in U.S. currency. Howww, if any check or other iostr? tmaived by leader w payment mxW *c Now or dib Se4roaity Yastiiimeat is returned to Leader uiPaid, Lem igay r- - in rhea ally or all snbse4nmt Prymdnb doe under tlx Nate sad this ImZ eat be made i n me or move of the follovviag fangs, sus selected by IRadar: (a) (b) am mmly order (c) certified do* bank checir, treaf+a+d=s ebedc or cashiers diecit, FmvRwu 4mY no chm+ck is drown upon ern ismtituem whose de}tosits are bmwed by a herd agency, iastttmmmtality, or entity: w (d) Electronic Funds Trsod?er. VIA RNNMVAWL4-Mft1eYWYN huff M KftUK ?OI?M UST Damn Fam" m &W84llop" 05/10/2009 14:59 7172921325 PAGE paymem we deemed received by I.ead?r when received at dlx location desigpate . lee the Note or at such other locmdion m may be dempst ed by Leader m scamdmsc a with the notice provisiM in Section 15. Leader may return any payment or PIC621 PaYMMM of the Mmmt or P PaY m are i chest to bring Loan teuCepk Leader may mcc eRt any psyment or p al payment WxWFk iont to bring the I.oaa amremt, widhatt waiver of any ngbts b?erea? or to its ' tv refuse such pajmatt ocrpardal payments in du fa err, bit Leoda is not obli?ted to such paywana at tha tame each pe?ymeM we roc ap W If each Periodic Payment is ed a of its scheduled due date, than Lender need not pity iWareest on umtspplied fimdt. Leadesr away hold such ttnapplied fiends until Borrower moires to bring the Loan currgaL If Bouvwer did not do so within a reas nable? ? ? dbe to " either the swh; funds or tam them to Harrower. If not ePPlred " to ? No o ileum oeetsWa mg pdndpd balae>ce under the Note ira rely prior which Borrower might belle now or is the fuI r asst I.eadar shall calk" Botmower fimn makag paymeft clue tender the Nate and this Seceaety Instrument or petforaftS the oovemats by this Seemity instrument. and i Secured 2. Appfk:dom of Paymeaft or Pracaada. Except as otlmVise deserbod in this Sectiaa 2, all psymeolts accepted and applied by I.endtr shall be applied in rho 1b1km lag calm of priority: (a) i??texest due wider the Note; (b) principal daeuader die d ote, (c) amamb dac aadu Secdon 3. S*% pr/ma is shall be applied to each Periodic Payment in time order in which it be aaae duce. remamwg =wants shall be lied first to huff charges, seoouad to any other menials dux trader this Security I»stivmeat, and= to r 0 In I e rho printapal balaom of thus NOW If I.enda nexives a payment Pram Harrower far a delinquent Paiadie Payment which includes a saf icient among to pay a" late cbmV due, the pa wftt may be applied to the delidquent payment and the late chat$e. If more flea one Pe" a Payment is owumd*. Lm4ir msy appl any payment received fraa3 Borrow to the tepaymant of rho Periodic is i.f, and to the extent So, a* payee m can be paid in fall. To the exam flat any excess wdsb after the payment is applied to fire toil paym art of otx or mare Periodic Paymmb4 such er a m*Y be -lied to soy late chary m due. Vo?dary pr xWmoM dMA be applied first to any prapsymeat --and tlheo as desin'bed in fix xoa. Proceeds do pcin?al Any application of payments, h mmmm proceeds, or ? due .under the Nm shall not extend or postpone 69 due date, or. the amoatt, of am aymeatL ...»,._ Periodic P 3. Pone for Fwerow Items. Borrower shall to Lender an the day Periodic Payments am doe under the Note, until do Note is paid in a a sap (the "Pbads") to pran?ide for payodmt of aaomats due fror: (a) team and amts KW other items whvah am again pdarity om this Scam* Inst rament as alien or dmunbraace on rho Propafy; (b) leasdrold p or a?raaeeats Ovmd rants an the if , say; (c) paams fa' any and an imca?noe rogap+od by Leader under Section 5;?More laamymoe ps+aoo?iuma. if any, or any swan payable . EkMWer CD Lender in Him of the payment of lumal ?uoa p is accadaaoa w the ?rovlsions of section 10. These isms are called Items." At odahnfim or at any that during the term of the Loan, ><.eader may megaire that C,ommaty AMOC&UM Dias, Foes, and Asstaaments if any, be emomwed by Bon ower, and smb dues, fed and agomme its shall be an llactaw I;2 Bmiwcr shall p?y fi>?h to Leader all aotioes of anon to? tender this; Sectiaa. borrower shall payr the Fiends fit Escrow Items unltss waives Borrower's obligation to pay the Funds far any of all Escrow Items. Cbx "MMYl AMA- mbnow-n-AS m.ffg.rwMmmb nwrmmm T (was! 70m3m ups &W#df)Sjqw 09/10/2009 14:59 7172921325 L eh: may waive BditOWWff ab an to pair 10 Leos An& fa my of A Bacmw BMI at my time. Any XMC& waiver may be in wrift .his the swat of such waiver, Btnzoww shall pq dmd , when sad when payab the amounts due for say Escrow Do= for which psymeat of+ if I.eadw requuts. aissll e abl CVid tCln$ time period as I.esuder nary mqwm to be a cavamat to III" sti& payments and to OVide reoeipta shalt for ail pugcposw and mt &ot iaed in rhos Security Tit, as the phrase "covemd mad ate" is 116ed1 Seodon 9. If Borrower is obligated W P" BKWO ff Items dimectly, pamml to a waver, and Bonowar tails to pay the smoandt doe far an Escrow Iuecth, Leader Im,cmda its rights under Section 9 and ppsayy such amoaiat mod Borrower ahA then be obUgOad 1 r Section 9 to Treader any srtoh tlmalmt -A- may rovohce the waim as to or on Fsaraw ham at m=y* by a notk a g?vea in acoctd?x with Section 19 and, upote t h ?7 ? shail. pay to Lender sIl Foods, and in suicb amass, that are dm I ti+is Section 3. y may, at the F? dar, mHad ad hold Put the isms specified under RESP md ((b) not ma ea Leader to Under nodmum amou under RBSFA. Treader shalt esumaltC the maaamwant a leader can regaica doe an the basis of cummt data and ream" estimates of cqmn&" of liltm+er >3schoer Ittams or ogu wim in aococdmce with AppHembla Law. 'the Funds shall be held in an institution vAmt deposata we laniard by a fedetsi agency, , or entity (dac Wbg Lender of Lender is as instil mdm whose deposits an so b= 4 or in any Fedearal ffomc Loan i a Leader shall 1y 6e Funds to pay the Escrow Items no latrar than the time apecifsed under RMPA. lA shall i t Bovower for b0king C imd the ? ? maaa'at on the the sad Law Laotkr tb mains mo' u such a nless charar. pUnay sleaa to is m~de m wridag or I" teqdm art Nst to be paid at the Fuodso I?dertbe required to pay Batmwer elzi? Est or on the Fm?da. Bommer and it can MFM in w iting? ', that im py g mt shell be paid an ft Fuods. Lends shall give to Bar own wdd out C mqp, an amhual arms of the Funds as req&W by RBSPA. N there is it surplus of Fa mb held in escrow, as dew under RESPA, Txoclea• shell awacmt to Borrower fik The Imer -- m, fund, in acoordaact"wig RESPA. If tare is a sbor? of 1?un& hell in escrow, an defied under RESPA, Lender shall m dfy Bacrower m ivqni•+ed by RE9PA, and Borrower shall day to Lendl;r the ainoM WOM¦ry IDlfa dup ft dwtage m socprdance with 1TESPA, but m tw mar than 12 maa? Funds hold in escrow, ss defied under RBSPA, T iyreader = Bmx wer as by RESPA, and BarOwer shall Fay to I.eader tiro amok neoeseffy to mains up the deciemy in accordance wlkh RMA, but m no more *a 12 monthly awments Lander ? Upon payment in fall of all moms aecthrad by this Swurity lnsWmeat? proMptly mefamd to Bod+owa a" Fins 11a1d by Irladtr. fiam& Borrower shall pay ail tmam, saeaam iz, chogeo, fives, end p?ble to 6e Proprty which. cen a ?m pl'IaitSr ovw Us Sam* ? le mabold psym ms or Smund r+eats on thye and Ilea, and Ate, if any. To the ractart? ' ms we Escrow Items, Bmmwer shall pays them is the WAanar provided in Seatkm 3. pdy d lion which has priority over this Saari Borrower mhhl<il prams any tasaun?eat unless Borrower.1 agmm is writing to the payment of the obligation secumd by Had aCCCOUNO itca mh Leader but good 49 by, so a? or dafmm s effit of the e in, hegel proceed Which in bead c*i operate to plevmR the enflar+ort mt of rho lien while those pi n n e are pending, but o uail sacb prooee3cngs m+e cow or (c) eecmea *m the'hoMer of dw lien an agnm amM sed9baory to Lender sabo aatiag the lien to Chas Security lxhstrumcnt. rrNr,ixA.v,?w-.r?,r?ir-1?M•rrr...?ldweoll?ro?a?>??+s a?a? ?,.>?» u.i ,F?.s?.?rr+? 1 9r6 ? ? ? ???r 06/10/2009 14:59 7172921325 if Lender dot mines dw say past of rho FRaperty is subject. to a lion why cm ataia priarn-Y ovec this SecsQity Inn t, I.aoder may fib ilarrowce a the hm W days of the d dc on which that notice is One. Bon we? shell sofi* 4e?o or talc+e we or more oftbe actions set fob above in furls Sector, 4. Lender may vv*= Bono a ip M a or a-time chap foot a teal ests0e tax verification andlor rtpooRing samee used by Fender is coma w*m with Ws Lam. & Property ImmVIM Boorruwer sball kzM the a JDaw existing or hw ed r srecW on the Property insured a?aittst loss by fao, inch>tded within dw txx'm "acbended coverage," and any other hazards mduding, but not Hmiled to, em"a" and floods, for wbwb Lander xvq% +es tummmao: TW8 immance :ball be nubdaiae*d?m? the emamn (iadtxtiag de&wdble levels) wd for the periods that ii.,ender merltlirew. 'What Lendw r?Dgtuitzs ImIt to the g senO oral can dttriag dw term arf the Loa Tho tog manna csurier pmovidmg the awe Hprtower's dotaioe, mstuanoe shall be ahosan by Dommer subject to I.endar's to sum which tight shall sat be exercised u reasonew. Lender may regwe Bmvwer to pay'. in man with this Loen, either: (a) a one-time cbwp for flood 11 1- d?CbCl'ming"1% cerMeatfpn attd uwJ ng services; or ) a on"= cbmp for flood zone Aplamse-dustim and certification services and mbsequatt coal" each time or Similar char?ea oocuc which umonably might affect such det&minetion or as Borrower anal! also be rtapp- siMe for the psyment of floes imposed by the Fedeni Maaagam ent Agency is otaaa. on with the review of any flood deaamimdos<em2tai ffiomt an objection by Bormw f Borc+ met fhils to maintain any of floe oavampm dame ed above. T.eoder may obtWm insurance cove mir, at LendeA option and Ban owees ma Fig i i . L.erWer is under no cbligstm to p my Pp- type ar smsoaat of coverage. TltaOxa, such aovoraga &@R cover lea. but t our mi& not Ranower Bomwees wty m the Pmpaty, or the oantenI of the .0gd*' -140 myol ?r and mprovide groeater cc ]esssr cavdwge ti2aa pr( y, vas.p y in the cost of tine hwocaaoe Coverage so oiraNi>ooed s> nifiosady ao need the cost of iceonme that Ba mwm ovoid bom at - ' d Any 3imcimts dw se . by LgmAer under this Section 5 slab becomm ¦dditioml debt of Borrows sacttrod by this security batten aL Then amotmss alai! bear interest at dw Note rate from the date of &Isbur mmat and shall be payable, with such met; upon notice fiam Leaft to insurance polies required by Lender and renewals of stir i p dmU be wNect to Leg's right to disspps ave Snob polices, .sail inclode a snndac A choose, shall nsane I?eoeler m aadrar am an addamooal lass 97 T sheff - ft right to bold the policies and. If I.ettde+r xequi aLwu promptly glue to Lends ail receipts of paid premiums sad renewal notices. If Borraww obtslos form of msu?oe COVOOM Kmcloude as stsndsrd mortgageclause=d:ball =nee Lmdw amm ctr Po sha s WdkIMW loss V * PONM AMM-980FW Y-IMO%AI MR.90f.Mrminio?lser3ulAmrr slip, ftM3r„ IM &WIdflfPIVW 11/23 BEfl60PG 347 ' 06/10/2009 14:59 7172921325 In die event of k s% Borrower' shall give pfomp! notice to the insurance carder, and Lander. Under may make pwd of loss if not made prompolr by Borrower. unless Leader and proceeds, wbe&w ar not the cmdalying hmmme $anower otbavise agrot in wdtings say kwtasace was required by Lender, AM be applied to ceataratlon c r rapsa of the Property, if the rsstorwkn or e+epafr is m11 a and Lender's seatrity is not lessened. Such raPas and r ajto1-1 M period, shall bAve the right to hold sorb ianuanee proaae? until bender bas bad on apporatmty to inspect such Properly to come the work has been aontpldw to Lendws satin ctiam, pr+avided, thnat sash uwpeetian ? be cmderosioen ?rrossp8?r. Leader sssy diabmae proceeds for the rep?a and 160 my ifion in a 81n0e psyment at m a soda of prom mo Paycment, as the work is coiWA*& Unless an agMnoent a made is writing or ApOicable-lim requires interest to be paid on such insurance proceeds, Leader shall not be r4UIn d W Pay Borrower say k tezm or orr such MOOSO& Fees liar public ar other third parties,, retained by Hafrow?not be poia out of the insraaace and shoed be the sole oblip bon of Borrower. If tint restoration or repair is not coonornica]Iy feesibte or LAn6ws Y ?? lesv m4 the insurance ptaooeda shall bra applied to ttie same socarred by this Seccarity Insw maeot„ wi eel a or sort then die, with the cxc n% if any, paid to Bonma. Such insurance shalt be applied in the order provided far in Section 2. If ? abandons the Property, Leader may file, ae pe sad settle any av &Ne insursece claim and slated metres. If Sonower does not r?ond within 3d days to a notice from Lander that the it mance carder has offered to settle a.ch&% d= Leader way negpdate and settle the derma. The 3( day pe iod will begin when the nod= is given. in a' a eves. or if header acquires the Property under section 222 or otbawise, Borrower bratty assigns do Lender (a) $orrowei's ri* is to any prooceeds in as amount act to exceed toe amomb wspaid under the Note ar this So mx* Instnument and (b) my odwr of Itasr?awer"s rights (otter the riBW to any refund of unatfrred premiums paid by Borrower) reader all iasnraace policies covarmg tine Property, in wfar as such dSbs in spplic" to the Coverage of the Property. Lender mmaayy useeinsurown tinier to xepir at restore dw Property or to pay amounts unpaid nation the Note ar this =itwjr?Ismhnment, wbdhw or not then doe. 6. OCCqR"q. Borrower shalt occupy, csgtbb*, and use the Property as Bofroaees p sesidencn,. 60 days agar the execudon of this Seca* Instrument sod shall ooUnttaM to occupy the Property as bonower's pgn?oaitp?l reaidenae for at least am yew alt the date of , bulisi' oete vW MMON, in wciRing, which aanscst dmfl not be cantrolkbeauating c:taum+ttanoea exert which are beyond Bon vets woMMI. mably wi or unless ea 7. Preser" Boat, Male turd Pr ftd6 art of ten's Proprr 111 Feat:. Hon+oa+wx shalt not destroy, or JIMPMW tee Property. albw die Property to detarial or commit wade an, tbo Property. Vbedw or not Boemwer is rksi ft in ft Properly, BorrMW there maintain the Pr*rty is omm tp rvve t dw Prapaty fm as dGtaiaeatirng or &=mains in vahre duo to its oooditknL Unless it is d ptu'awot to Section S that repair of n owtim is not pd to trvoid fcartba ecohomically feasible! Bonowr titan pxmMp-I rePair the hop" irdwan deterioration, or ds aso. Tf Wtronce or uttstrtioat r+oceala are paid is pion with damage to, or, ddo taking of fiW Property, HanvW= shall bpe raaponsrble for repairing or re$toring the Property a dy if Leader Ins messed waceeds fbr such purposes. Leader may didwse is a sales of psrymeats a proceeds for the rep um sent restoration in a payment or dz'wmk is Completed. N the famizonoe or pfocoexb ere not m repmr a+r testcre the Property, Barr awef is act xdievW of Bormw.'s obligation for the completion of such or remwfi m rff4KMVAM wSh%ba d-*r.i.ra.rrr M%MWunnowsZWrameserr ( r... ! 9-6.O.PO43-4:8, cA W" fMW refKP4" 06/10/2009 14:59 7172921325 PAGE 13/23 Lcndcr or its agdast may maim re:aaonable emles And kiq=Um of *0 Property. If it bm ressomMle cause, Lander may the of the b as doe Pr ay. Leader shall give $arrowe r, node* at the fiend of or prior to atrci tun mter?or 3rapaOioa speadi rung such reasonable cmw. L Borrowers Lean Appibca*m Hoaawer shall to in 4dwit 14 fttag the Lawn application process. Borrower or any persaas or entities ng at the dkocdon of Brower or with Beurowa% kaawledge or consent gave m0mially lltlse, -i infimmaon iaeccm?te of statements to Lehr (or failed tD Lender with mmWsT inf umdon) in connection with the 11,4m, lateri#1 entatiensbut are not lwminbed idv, repreaeabuons oon*cnmg Bom vve es occupancy of the Property st Borrolpi'a rderidanee. 9. ProisetEom of s I<rt"rat in ! Property ttai PION Under this $acorltyr indr ML If (a) aamwer A& to preform the wvcwm and a oo?iaed in this Smi ity, Inept, (b) tbeae is a legal P duet might s carttly? affect Landers rest m the Property and/or rights under this Seowxty b strums (sack as a proceeding in bankngmoy, pmbate, for condemsfidm? or forfditr., hr onfameneem of a lien which nary attain P *on'ty over this Instrument or to enf?oin: laws or rgaimarss), ar (e) Boaowar has dmod tht: ft*wty,- Lender may do and Pay for w>mmm is r+aesa ebbs or appropriate to pr+otW L,endda ima+est don the Property and rights tiwder tits Snurity? 7 trumeot, iaclud>gg po?otecbing and/or asseasimg tae velure of tiuGmPaty, and securing aad/ar rdepaa mpg due Prdierty. Lmdees actions can include, bud tine not tio• (a) Paying any sums eocurod by a aim which has priori Over this Security Instrument; (b) appearing m comfy sere (c) Paying reasorrable attoineyfees td? protiect ita interest in the Property aad/ar rights tmeiez this Secuityy? lmprtement, m1fiding its secured position in a baakr iptcy prvdxedbin& Seca ng the Property includes, but is not limited to, earDeriag the: Property to pnaine clime loolta,?ot our bored np doors and windows,, drain wa0er ftm ptxm, -da6 err o err vkdmtioms or dsoga+aw conditions, and have uu'litim turned on or odL A,liho Leader may tame action tdndUr this Section 9, Leader does not have to do so nd i.a not under any duty or oblipdm to do sa It is spud that Leander incurs no liability for not taking any or all acctions ar>tharized under this Section 9. Any amounts disbursed by bender uodes• this Section g shall bevoane additional debt of .-' H octet sec a?ad this Sexaaity Ioseinmteat. Tb?eee dpaaaimnis-mhdt bear iaberest st tie Novo raft the. daft of disbuitspeaayumast?atnd sball be payable, with an dt :i 4 npcn nodce from weer to H IIFVFW UK- UPS n? sricn tent is as a leasehold, Borrower shall comply wig all the provisions of the lease. If Borrower acquires fee title to the Property, the lasehold and the fee title shall Ant mefge unless Deader sees to the ins wddq& Bonvvver shall not sumo der the estate h er F a conveyedE or umkw* or cancel the gr+omd. lease. Borrower shall snot, wiMM floe eaPrm wmthm consent of Leader, alter or amend the Vound. kme. 10. NWrIpp Ltsaerandee. If Leader rexlumvd IMortgttpe ice as a condition of malting the Loan, llonvwear dmR pay the k-MWAIVA? requited to mew the Mange Insa mov n edict I1; for any reason, the Mortgage Inwrma redlined by Lender ceases to be available fim die Wnm that pnv3=ly Wovkkxl such msmance and Borrower was ta Pay m b the punanmte far Matg, v bmwce, Bo shall pay ft Mampr Ise zmw dmsly im ef&ct at a cost subebntlal divalent to cxwt to Borrower of be Mortgage Inseaa me previously in effect, Loom dm margM msma selected by Lender. rLelMVANlA~ FmMW-FWWkMNOFrMPatUINFO r r ("M rMAll3W M *.1iflrpWp s36-UPGO3.42. 06/10/2009 14:59 7172921325 PAGE 14/23 If substauflany erlaivalent Mortgage Ins mme cav*rage is not available, Bore ma shall oonbinue to pay to Lender the aum= of the separately de5*uftd paymem dent weC dne wlma the msuganoc eovwage ceased to be in ems. I andet' Will accept, use and retch tleeaD payltxnta ad wantduadabile loss reserve is lieu of Moe gage Insmance. Such loan raorve shat be name, reotwitb$hwdnlg tba fact dint the Loam i8 nlf 1 paid iu full, =d l.mler aw not be rKp red to pay Bamnver my interost or s niags on su& loss pnerve. LtodGr can no bnp xeq= loss tesame payment* if Mactgag?e Iaazmoe obveralpe (in the amoetnt and far the period dint Leader requires) *vvi'ded by an i mm ar selec/od by I?atier again becomes available, is obtained, and Lender vx m+ea lately dwp as .rymeata toward the eng Timis £or Mq Insurance. If Leader a condition of the Lawn soda lrmvear was re . quired to ??? the Mortgage Inamaucx, i"- _ dl,endebOs r?M? M=e is effect, or to provide a ? loss room-4% Insufmce ends m accordance with any written agreement between Bom)vvu and prate for such teru4nation or unal mmhstion is required by ApplicalAe.Law. Nogg in this Section to affem Bmroweds abl*b'on to pay i at the r proritled m the Hale. Mortgage Im miLme trambts? Leader (or nay ea* that purchases to Note) for oErtaial losses it may incur if Borrower does not repay die Loan as agreed Borrower is not a party to the M Morh3sumacm tga kmirers evaluate their t*W risk on aII an& >asumacx in fMCe fxvna time oe time; and may eater into ageeemem with odw putles that d we or modO ibur risk, or re?du: losses. These agm menu art an tmnrs and conditions that are swisfiawy? /o the mew insmrr and the other party (or parties) to than sueeueaath. Tbwe tegreemaads mry trquane the ?10rlgag4' insurer to m¦toe palm sam?ce of finals that tie mortp - er may have available (which nay &" ftws ?foarm More lopurnoe praikhm ) As a result of these afire e-, Laukr, any pnmhssa of the Note, another insewa, any reinwa, any odmc entity, or a?sia of any of the Wig, my receive (directly or i nd ?) s mown that dernre it E (or might be rbsrectesiaed as) a portion r f Boas wer's ?modi ng thee e4ortgsge s paymeo for Mortgage bsm=we, is e?raIL for ahmiog of risk, or redihci losses. If snc>z age+eenedrt pt+nvides tbuet an affilhale Lentkar takes a< share of the mmmes rill[ id `tic for it AM of the paoulit ms paid to ft iwww, ft heart is often ? - = termed Feather' (a) Ate ? :tide agre is will v o meet the asoaats that Borrawn kris agreed to pay for 1Vlortg*ga Inanrnm% or way etier terms of Me Loam. Saech agra¦mols wN amt tretiess a the a?at Berrewee' wW am far Mwtp a bworwav, wed they win hot emd& Bortewsrto MW e+eftu& (b) Any a-- apaesawr?p 0, Sam" FrOoMw Act of aem wS art tetllsct deg rigba Bu sewer leas - if l ow-WO respop to the otli?r blwr, Th"t??!? ieeelada tro rift to r dvvr eartataeserta?ta ?Mwres, toiragaesI a obtik cucdhM 411 K the 1Vloe'tlp?e ice, to bate tarn Mos'lpge meted antimadedly, sower tit modve a rdkmd of aeq Mretpe lbs "Wee pros bw dw wed etaehro a at the tide of steete greeee¦tlaa a+r tatialassAee. 11. Ass pement of A+I!¦p?aa- Frateedr, FwMtdt.! All Mid proceeds we hereby assigned to and shall be paid to Leader. &O ?avNanvwxtw?sawnar.•?••?••,?aKr?a?tn?sr?rr o? pw.?ata, un ?r?nww `t 96ORa.3s% r.._ .r . 06/10/2009 14:59 7172921325 PAGE If *0 property is dam S4 each MieC?`llanOM pct shall to ? to oR XC?MWRW ?eN of &a Property, jf the rfiz- ?0 t or repair 19 ? ft? acid L,esndet'i =X* is notPiPMmed. Dwing M ' Mod t e?o?on Period, Isha have p?o &&?Imb " d& to kdd mxb k 9p alb Mbodwmt k has bees oomph Lt; a ?asderta = pmmp*. Leader may, Pay for the fcpm s and sastKa ion in a single dry or is made in in a series of pt?a p ts as ffie work a ooh thdm an sm"c Mout wrilmg orflie le Law t+egMins intemst m be paid an Such M? Pro?dde, I.?dMr shall, not be to ply l3as c =W inte:mt or as[nan? as such the the riescat+a m or n pak is not eeomsmioalty f?? or Lendaes saav w would be wsa=4 Miagallaneow; proceeds shall beaMpl W to the mm seruirad by dis Secih* , *bAff or nf d= due, with ilw eauress, ?if pe d m Bon'ower. Such liiscaltaaeous Ptoaeede shall be apglted is the ostler pt+avided for _ In the eveaR of a total Seas demuct10% or loss is valve of the the Misgellaaeaus proceeds shall be ?p1, to t o by tbk &mm'ily I rent, er or nbt then dap, with flee e7fC0ee, if =W, paid of lass is value of am Property in viler the fair mtuiInoat the valve event of of die ae partial Prvpecty dittos, fore die prInd ?8. ? or loss in immodisooely value is equal to ar gmtff tbann the amount of se toms m mdd by this SecaritY bWMMA bef a the dal tdiang, desftwban, or I me in value, =IM Harrower and Under odmi wise agme in writing, the soma sccmed by I?ashamnent shall be reduced by the oaaor?nt of the Misoellaneows proceeds amMZ 6jZed by the fraction: (a) the fatal aaoocmt Of the sums sacvr+ed =medtM * before die tin" c? iaMavcOM or loss in volad divided by (b) the fair tmdifft Value of the prooem, itnmed?bdy?y befOCe ttie partial iaki deskVC i00, or Doss it valve. Any balaacc shall be Iv 11058 is valve of die Fr" in which rise In the event of a partial taking. dion. or fair market vWce of die plopetty imnadid* befate the t for loss ic Wcin& y" iq; bees dun the amount of the sums secured im Y . 1-dmp the vvthe desquchon, or lass w valve, =dew Borrower and header odsetwm agree Miscallaaeovm proceeds shall be apphat to the soma Wound by this , of the mans are dim due. that wd Yf flee propedy is abMOdooAd by Bcoxxim dr, or ,entice by L?.wndC,r to BQpV rho Qppomi g Party (as defined in lba nM ICOMM),o?mdw Mo awssd to settle a claim For daulages, Borrower fait to roepoad to Leveler witbm 30 days attar the date the notice is Avon, Leader is odiatized to coiled and apply the MieoellMaeosss Proceeb either to rester or ' of *e Property or to the soma seburdd by this y wiemad, whdo or not slim dw- moms -anaff p y° the t*d pmh *d ores Bono w? MiaoeUMnaaaa Peoceeds or the party whom l eez hiss a d& of scum in rgpd to Misoelhueoua F't?aoeods. . Borrower aball be in default if &vy adieu or proceeam& wbedw civil or criminal, is bagtm that, is Ixndd'a judggnent, could recut in IMMMM of to PtOPatY or other material MWMirmont of Lead's interest W 60 Property or rights under this Secvdty can came m a &-bA t and, if aooelwdion has oaciar4 r+einsl-te m provided is Section l9, by causing the action or proceeding to be dimkmd with a Luling thMt, in Ldndn's ,latf?ent, preAndas farfeitm of flea or odw material impairment of Linda's m the -P pal p arty or riglyts uinder this ty It t, The pracee* of any award ar OWES far damdagca that are attn'bmable m the kMskmeig of LOxWa interest in dte Pmpcrcy m hereby msiped and shall be paid to Leader. C'64 /p@QiVLVwMA~Fd VbIWMMAM44ftUN(INVOaMV4WntMMZ OWMMM FWM3W IMI Q"WndirnrIW DKI- 5VOPG O.3 5.1 06/10/2009 14:59 7172921325 PAGE 16/23 All l4ai mellamous Proceeds lhd am not2p lied to restamdon or repsir of the Property shall be lied in the odder Provided for in Sactioit` 3. X Horrmw Not B ; Irarbeatmem My lAmAw Not a Wair+. BMW= of the time for ar modification of inwraimdm of ft am seaAad by this Somft haft tment rentadlr to ar say Succe of in Deese of Baar+awer teas// not bee Doffower relaae doe 1<abihty of Borrow= or a - ? in honest of sa miner. I?rndar 6TmZ required to QOmtM? promedlth p against any Suooess'r in Tnm vd of BWOwer or to mess to ead I d time far payment or otbawmo momy mnmftwm of the sums secured by dais Security Bar tr or any . lh or mmeSuccessm in Interest Imuno mA by reasoth Of OW dmsnd made by So of Borrower. Any forbasrenae bYI.eoder W ar $ttcceseoes Ia umiwion,tAndees o er or in less dyeaamount due, sbmR not be a waiver of or PROW& the exeti ise of any right or remedy. 13. JoW and Several LAab ; CcaslHots's; Satecessm and Ashalgaii DaVOL Barroanar covenants snd agrees that Borrowe?'a obliOdood sad liOft shall be joint and sevaral- klowem. my Bonuwa who a sigma this Security Instrument but does not acecvab dte Note (a "co-sipen (a) is oo-sigmaag tans Security I t ady to mac &MA XrM ad c mM the gnat's mterCSt in the PrVaby under ft berms of this Seam* InabnnaarI (b) is am pm*mally obliSMd to gay t>x soma sQvd by dais Seahrlty? blMnnuk% W4 (() MOM dw nuko my tAMdCr and say odw HorI+oM cm MOM to eat, m?f?, forbear aovommodtNOiorw with rogsrrd to the terms of teas SeCW* W&MMeM or the NOW withac t co-aignefs Cott. in Interest of Borrower who Subject a the phmrim of Static= 1 a, S? an t in wddst& and is approved ass==es Hods obli$atiaastt ureter this Se?atity Lender, shall obtain all of Born wetes rights and beaafita nndar dims Secoft bsoment BomVie ' shall not be relemad fim BorrowWs d*84bm- and liabdityr under this Security iro"Ment unless Leader asm" to M:h reiemm in wri tiag Coen and t Of s is SeaSon 20) Secoft went shall bind (wept as pravlded in 9,WpGos of La ft- in 1 F.orup 4fm*Vs. Y.mft may charge Borrower fan fOr servxxs pm*rmed reat m rorecdup • L,enidar's uabe oooa's asfiult;3P'np°s° °fp y and; rights . < , Security Wit;'-fig, but not h=ated to. attorneys' fees., Pry` r ? . inspection and valuation fats. In rGgatd ba SPY other few doe absence of express s?vtbaaty in dos tTmT. 6y his Sait7 Insagment to I may fee Wt to ch IN tees Ott not axaftmad ftv opeasly as a hMon on gx ? mpg of such fix. S"91V CULOMan it ?`la and &* few is fi=Uy Law, If tlhe Lo is m a few which an ao?axi?aaum iaan chaea, inletpreW so drat the +est ar other loos conemed or to So collected in aamaection with &C Loris exceed the permitted limits, then: (a such loan charge sh@R be reduced by the amazaiat neoeas?y to reduce & charge to to limit; sad (b may sums already collected fi=b Borrower which mcoeeded peirmitted Imoits wdl be to BorroNm• Lreader may chmm to m am this idandby gg lbe owed reader rise Note at by malmhg a dbmd payment to Borrower. If a iAmd redtuxs the redmcdm wM be Crested as saw widws any prepsymatint is for ?i to}• Borrovvices aroapplsrtco of any such rdbod mttdt: W direct p to Borrower wM constitute a waiver of saY right of actaon Borrower uftm leave ansmg out of such OvmhW1• 0 Ml21QI MVAMA-MIP RAFIr- F? k MBWFfWWI the UM OIIM ge"WUMT 003M !ts 390 M qW n 4rfliMW . 06/10/2009 14:59 7172921325 15. Nodus. All aatiaes givm hY BaMMW Of' ender in counacdao wi111 tt SAY Im& mscnt must be in writing. Any room to boutwer in connection wbb this Security instrument shall be deemed m hove been Om to Borrower when mslled by first lass mag or when Sam* delivered to Borrower's nice address if sent by other moos. Notice m any one Borrower shall can tilt tx trotke to on Bgnvwars udm A*Umble Law fly, nequQes oahetwise. The notice address shad be do Property Address tulles Harrower has of srrbstitua notice address by notice to Lender. BortmF r IW prmspdy momy Linda Of Bwuwer's d mge of address. If Condor specifies a lip eam+e far mpormo Bertoael's eh? eddzbm, they Bor OWff shall only tnport a of addtass tLNt ana time. Theme my be- only one desired notim xkln s under this Seawtity A" R uotxx to Lender shall be given by delivering it or by msUing it in Chu OUR to Ids ?s sorted herein unless Leader bas desigeated aoudw s ti7? notice to Boumt. Any nudge in connection Withfis Security but ment drawl not be &mLed to bane bona given to Lender tmdl actually vwcid ?,ender. If any notix by d* Se mcity Im Wauwtts under Law, $re Applicable zegane wdl se ? also. required carder this Secsn ity 185bumeaL i6. Lam; Svom ty, Antes of CMUWCdm This Sennrity I t lasv and law of the jmtsdicdm in *0 Property is lactated. ahtril be governed by •cm contained in this Semutty Inomuent am su1it io any r? Au tiots, and and ob3i is Law. Applicable Law might any or • . an ?bans of Applicah allow the to agree by eouttva or it might be sikut but muh silence sLoll not?c ffiis pt 'bition against agmemeat by contmot. In the event dot a?fyt p mvis im Smarty, harument or the Note conflicts with Appliesble Law, smolt carslhctt alt tl not affect other provts.00 of this Semty I or the Note which can be giveyn Mxt without the As is d in tins Secudty Imtrument (s) words of the mescal ne ; shall mm and include neater wards or vwnds of immi &) d &g mean the phnal and vice versa, and (o) the wwt+d NOW gh" a?itlfout any ob rinv a? to tabs any wer. shan be Biv am copy of the Nate and of Us SacmitY l,?. Harraw+ers Copy. Harrower ... ? Tronshr of the Property or o ?d lownst is Bonrower. As used in this Section 18, -haereat in the Property means nay legsl or beae6ciai interlot in die Property, including, bat not Wiftd too, than bwmfmW War+eats b2ostbai d in a band fir deed, oomact The &54 i Sales Contract or escrow agmemant, the intent of which is ttae tcansfrr of title by Hannover at a fntuce data to a pKcbnw. If all or any part of the Property or amy k* w4* in the Property sold or tra, 9 1(a if Bak wer is rrct a natm*1 person amid a b iatendtt is HBo is sold cw enesI-IR M widest Leode's prior writen consent Lrndar my. rogv iuc immediate Wmat in JDA of sll eaten scooted by d* Seam* InOttument However, d is option dmD riot be MSe+cised by Lander if such eusibe is p vbrOdW by Applicable Law. U L Oft exercises thin option. I.enda shall give Becr+aarer notm of mockobon. The notice shall provide a penod of not less dw 30 drys firbm d%e date Nor notloc is m ? with Section 15 within which Bono mast pay all mm secmrz I by this marmo t xf aarmwer Mb to pay these sums prior to the ampiradw of lbws period„ i.errder may invoke any reumdim pfd by this Secu t!? I t wiftut Sher notim or demand an Bomwer. C? rs?r?axevu++?-ax nrra-P•ww?..rsraw?n era a r affim" .mm. mn a..,s,rrs,..r N', t"96 06'0.35. . 06/10/2009 14:59 7172921325 PAGE 16/23 19. B.srowees Right to wade ASK A+a deradm If Boosova in, certain coaftons, Borrrowa shall boo the not to have aftamat of Ms Sccz* Instnume t disomdqued at any time prior to the caKliat of. (a) five thpa before We of ffie Propaty to auq? power of sate coa mod in this Security Ind (b) such odx,c paiod as Appli he Law mdt specify for die tam of Boaa?war"s right to or (c) %?.T afa j d?W enforcing fns Suety Instrvssent. Tbm oonditicahs are drat Borrowe n. (a)- Lmft all sums which then would be due nadir this ;?4 went and die Note as sooderation had ogre (b) cue stty dafir * of cov+autata or 25teaemM325; (c) pays so uxamvd in enfae<+cW9 this Security Imhtsume d* - but pot Hwhad to, rrasonrble ' Ax4 prapetty im ecticn and valusdon was, and 6w pared for the purpose of L,emdees interest m the Property and ruts =dar do* Security Imtru and (d) action as Lander may reasonably neuire to assure do Leader's mteaeat ft Ptoporty takes rob under cis Sec unto Instrument, and Harrowac's obligstim to pay the sums secured by this Secuuity Iastrcmtnt, shall csmtm= uncLa maL Lander may regaue that Bocrawer pay sash reinatatement arms and ewes in one or encore of the fottowing forms, as selected by Leaden. (a) cash- (b) motley order (c wed cdheak, bsok check, titeasia+'s check or cashia?s cbAck, IM. P any such check drawn upm as iastitahtion wLose deposits Wired by a fedr.ml ?? m WAY or entity; (d) Eisovenic Funds Transfer. upon an at by Bocrawer, ids Saxuti Ittsdrummnt and obligs4ieeo? aecahrod shall rlmant Silty effective as if no ? ?- iIowa=, *0 right to treitostate shw11 not apply in die case of satiap under Section IS. 26. Sale of Nom Chugs of beep Swvkw,- Nodes of Grievaaoa. i'6e Note our a patial interest is the Note ( with Ibis Security Imtrut mo can be sold one or more tames wttkout prior notice to uwac. A oak might result in a cdhwp in the amity (laetagva as the "L,aNn Servrcet") to cobects poiodio Payoaeats doe wider the Noce and *k Seeunty Iastir orient updet e this Seraaiq ftft am sndp - nt -'S o l >o? obliptinum th aahd le Law. There also mtglrt be oleoor more eh mg s of? Stsvioar mhrAated to a sale the Note. If d we is a of the Loen Servicer, Bcsrrvww will be given writ l notice of the ettaahga which will *ft the mime and addraw of the now Lawn SeorvwK the address to which pryments should be made ¦nd any other kfonnition RESPA nquires in eomacdion-with a htot n VFVMft of ser ftiaog..N tlhe Note is said and thereafter the Lowe is serviced.'by a :leeINW-17 adw dhaa the the Kota„ the morlgwg?e loon sesvienhg -• . &WOWW will remain arit? s' Se rvi0R or be tramefesaed m a successor Loan Ser vi6w in acre cot assumed by the Note unlesa orb MW RwWdad by fha Noce peohdwr. Neitbor Borrower nor L mmryry or bejdkwd to my action (a either an individual ht4pnt or the maahbcx of a -Mast arises fioan the acdom pw R ant to this Security Ind mment or that MM?W that the odW party baw any provision K or my fty owed by ream of this S ty- t, WO ao* Borrower cc Leader has notified than od>w pa>?y (wilt sash notice given in compliance with do ? of Section 15) of such alloged breach and a# M P I the other hereto a k period aciar an giving of such notice to talon: eonsc live srr ties. If A .*= provides a tune period which must elapse before c e rtan actiaa cm be taken, that time period will be deemed m be racsouabk for pen'poses of this Mx naive of sooskmttou sated opporun d'o to owe given to Borrower psaacaant to Sextt? die notice of Mcdamian given to Donn ver phi =Mt m 9adon is sbatl be deemed to sad* fxe mike and opportunity, to take coueective action provisions of this SOC& a 20. UA lWMMV AKM,MftM Fmm*4=010 MMMVO ft Uft VWWONNl lia7 RUD 1 on" WOM M" im OW ON/144" O -x'9.6-0:m:0-3-sit 06/10/2009 14:59 7172921325 21. Hth wdous Sabatsum As Used is this Section 21: (a) "HwWous Sam" we those substances defined sa toaric or haeardawr sulmlances, pollaunts, or wastes by Envkoameotal L.aw sad the following substsoces: gasoline, kerosene, other flammable or toxic pdmieum per, toxic pesticides and lrabicides, volatite sohents, materials crag asbestos or Eosmaidehyde, acrd =dkm onve uwted* (b) "Bnvimoameh0ai Lear" i fsderat laws and laws of ft ?writsdictian where the m located that rdate to head saflety or environaneftiai prvtectzon; (c) "FMYk=nrnW d laclt>cles any W-WA-se action, remedial Wh6n, or removal M0006 as defined in Favirotursettdri Lttw; am (d) Na "&Vil l ome?tal Condition" means a condition that can taus., eotrns'bUle to, or adorvAse tugger as Cleimtp. Borrower shall not cam or permit the Ix senoe, use, disposal, stongn or release of any Hxmrdaus Substances, or t1 Z+etrs1 tQ rclome any Haandmx Substaros, on or in do F-MF.A?r. Borrower shag not do, slat allow anyone else to 4 aqdit; a?g me Property (a) that is sa or (c) viallstion of any ibivl Low, (b) vnhicth ci+eates as Bm?a+oaooocutai Condiden whirh, due to the p mxwe, ow, or reieam of a Hamsdoas Substance, ca+eates a cmMon brat adversely affects the value of the Property. The preceding two seasmosa dull not apply to the presence, me, or storap on the Property of mr mlt qu a Wies of Hazudmn Substances that we . pp ato, hmordaus substances iu products . of On rally(mehrflng, but not Borrower shall ptrona tly ''ve wxltten notice of (a) air ' claim, S or Y asmoy or lam ICY deaaad, lawsuit or ot>Xer atdton coo: involving the Property and sup Hats daus Sfibs4sooe err Betvuaettneaal lraar of wb;e& Borrower has • actual knowledge, (b) any Coesd ua, but not fi aired to, any spit , leaking, discbarge, release or dmat of rd--- of sety Hsma dour Substance, and (c) say comp caused by the presence, use or relem of a flazstdans Subsmace which adversely affects the value of the Property. If Borrower learns, or is nodfiW by say gaymnmeeW or ra&latory authority, or say private party, that any ronovai or other mowdadon of any Hmo rdaus Substance smutting the Property a necessary, Bo[roww shell peoao?p I tdW as nwAssary rame4bl actin s in soeoidance with Bnvu+amoe I I Law. Nadving fierein shall cxeata any obiigadm on Lender fr?r an 't"leaaup. :.t . . NON-UNIFORM COVENANTS. Cruder farther cover mrt and asroe as follows: 22. Acedayttior; Reanedies. Leader dmdl give modes to Borrower prior to ecesiatation f timing Bo rrewees bt*=& of as a meaaat orr a=relmeat i t? seescrity } t °°t Omer to ¦eodecaHaee der Id siesta Ap aibk Lear des don r ? try aerers carer frlW (a do do to Care the dafatel? (a) wlm the debe t attest be mi* said (? that hamm to two ldwdwhola as i?eed1hd rosy _N "in s?coderwtla - of bits tease aeeetevd by fYs Se rky Lastrameat? forrebsore hp ?adidat F_ Ro - - M. etas sack of titre lrel &; Leerier' woodaatlsal s+? tie tit to diet, reform Borrower of ?e r%W to reintiale after is the forcdosars the um We!esee of a debt or qy a err dereme of BorrosrW is naxk dkn and Hdhe daM h Is so emid as Leader art Ms !ePtiau s ? retPttre immediate pay?sestt in fir of an stgtro by dds sercarky Lasaromettt wHiorat fartlte?r dmsaad sad may lsm+sclsse this lkwmity bT pro. mw eg_ Le mler dfadi be =MM to taf?t an d trttotarry ' aeNd costs pr=1* In rib section A btciatI to bat sat evida the eatrat perasitted by Appiteable Lear. OA "MR69 RNA?UA-WA&7M0ft-VMftMMff1Ges.AlW UNWW4uVSi?lol?P ply o?lrf! Lit 0WAN 90"W 06/10/2009 14:59 7172921325 PAGE 23. Rdmm upw payment of all == eetamcd by this Sacr" ? Ies this secwity lnammart end the esto' p sha11 termioate bowM vd& Af W =Ch OOOarrPft' % Leader shall dlaChaRa" ands ?y?ibia 1RYty hM mmL Bwowa ftR pdy say Mmkft ousts. Leader may BMW M a fee for rehmin dds 9ecm* ion but ady if tie fee is paid to a &- d panty for ser* a rwAaM sad the chw&g of tha ire is pamitbed pads Applicable Law 24. WW*em Bmvmw, to the eactmt pemittad by Applicable Law, *mm sod releases my amor or defem in prooeaftp to a&= this Saanity hoot mmt, and herby waives the benefit of my pact or firtttre laws ?.Vf, uag Sat stay of electrtioa, pLtealaem of time, CXCMpdm from jumcbmank levy =d sale, and hossest?d eac?amptidts. ZS. Relert t Perb& Boctowa % time to reinstate J-Vv ded in Sectiem 19 stall extcpd to one hm prior to the C of biddla$ at a ahe[I sale or other sate PUKWJNM to this Bossily 1 . 16, ParcLam Money Mo If asy of the debt see?rvd by this Security ?ttument is kr?t to $ormarer to wgmm title Property, this Seaaity hauu mmt shall be a purchase ' Y 17. purest Tube Auer J Borrower agrees that the imberest rate payable a8e r a judom eat is entered on the Nome or in an action of mortgsga fore*snse shall be the rate payable from time to time under the Note. 38. I catrtitfy that address of mor4nm is 1000 Woodbpry M P.O. Boa 9009 Woodbwry, NY 11797 G9 PUMVLVAMA-&iW*FMMIY-WSMk OWFlu bNwUNvoMga?R Mlarr pa3m lWrw mo Ut ~ 15, risr..w RK19SC '03-S& 06/10/2009 14:59 7172921325 PAGE 21/23 BY SIGNWCr BM OW, Barct wet accepm and sgias tD the terms sod wvcnnu tatained in this 3ecarity kdtr ment sad in my ROM 1, om tCd by BOrtOil er sad rwardM with it CATHY `ANN PMMR Seal -Bauo er Seal -Borrower Seal Borrower Seel Baarawer f spsbe Slow Th Lih-For A ?tl $TATR OF pSNN$YLVANjA, i t r}Q..Y' ?, ??, CoaaRy sa On this 24th day of fitly. M6, bcfm me, tha nndexaidp4 a Notay Pdit in sad far said tY P ly hosted CATHY ANN PEffM end ad®oro?rledged the of 60 w*10 iS pGrSart9+(1 ?.nbM+ti. {! fhf.(6aied o-n S 3 fie. c.1-. r y e ?. d tv....?..) dhl WT1 M my hmd and offidd scat. my cotnmissioa Egpires: LVI 231'72_0 0-1 Notary ?pdft Irbl4?sssw?loR B+osra? ?, ?T 000 tip, ? ?.oa?Mon a ?w } MM%VANIA~ FMAPOilmk Mmfff§ift X" WMMMM ttWfAUNINr arms? FWMA" Im 04mm4aspew K-t9, i.8*p6:Q3057. 06/10/2009 14:59 7172921325 CENT CATE Ql 1, 'I sway Carr, do hemby cw*"the correct addtm a of the widin nsmod Mo 4nm is 1681 Am raee Drhv,Mft 6 / 9rke 6K Pkbbargk FA 13220. Witness my bwd &is 9dk day of s? 11. PAGE 22/23 9fiam o. 06/10/2009 14:59 7172921325 • g7?IiI? "A" Lat?i. DHBt'RIPTI04Q PAGE 23/23 All that certain tract of land with the improvements thereon erected, situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as followst Beginning at a point, the northeastern intersection of Hillereat Drive and Woodlawn Larne; thence by the eastern side of H111crest Drive, North 109 12' 30" west, 150.7 feet to a point; thence by the dividing line between Lots Noe. 3 and 4 on the hereinafter mentioned Plan of Lots, North 850 191 East, loS.la feet to a point; thence by the dividing line between Lots Nora. 2 and 3 on said Plap, of Lots, South 040 411 East, 150 feet to a point an the northern side of Woodlawn Lane; thence by the northern side of Woodlawn Lane, South S59 19, West 93.69 feet to the place of beginning. Being Lot No. 3 of Section F on the Plem of Lots known as Forge Road Acres, as recorded its the Office of the Recorder of Deeds for Cumberland County in Plan Brook 20, page 4. Subject, However to the' restrictions •& conditions as recorded in Misc. Book 166,--page 512, accept as follows : 1. Any dwelling house constructed on said lot shall have not less than 1100 square: feet of living area. 2. The exterior dimensions of any ranch type dwelling house constructed on said•let shall be not less than 26 feet by 44 feet, excluding the garage or carport. 3. A garage or carport at least 14 feet wide shall be erected with any dwelling house. Parcel No. 40-24-0756-034 :-,acd PA . 1 , t' Deeds Uf?RC?i9 Loan k: 0103153227 NOTE July 20, 2006 Carlisle PA 579 Hill Crest Dr. Carlisle PA 17013 L BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. S 181,500.00. (this amount is called "Principal"), plus interest, to the order of the bender. The Lender is Fidelity Mortgage a division of Delta Funding Corporation. I will make all payments under this Note in the form of cash, check or money order, 1 understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid, Twill pay interest at a yearly rate of 11.490%. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. :1. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1st day of each month beginning on September lot, 2006. 1 will make these payments every month until I have paid all of the principal and interest and any other charges described below that 1 may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on August I at, 2036, I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at 681 Anderson Drive Building 6 Suite 600 Pittsburgh, PA 15220 or at a different place if required by the Note Holder, (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $1,00437. 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not trade all the monthly payments due under the Note. I may snake a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGBS If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. pp u.A MULTISTATE FIXED RATE NOTI-Slnrk Fua11y-F"n1. M.dFrddlc M. UNIFORM INSTRUMENT Fm 7200 Fa3200 CERTIFIED ORIGINAL TRUE COPY Darryl W. King It jmgli::?hk , ._ . it t k 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5% of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If[ do not pay the full amount of each monthly payment on the date it is due, i will be in default. (C) Notice of Default If I am in default, the Note Holder may send me it written notice telling me that if l do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which Itss not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costa and Expenses If the Note Holder has required rite to pay immediately in 6211 as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notce that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address 4 1 am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of s. guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions 1 may be required to snake immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If ell or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercis C? is prohibited by Applicable Law, MULTISTATE FIXED RATE NOTE -ainale F-ily--F"""Ie M"./Freddls Mae UNIFORM INSTRUMENT F- 3200 1AI (~ 2 qf7 pure ) CERTIFIED ORIGINAL TRUE COPY Daryl W. King If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED CATHY ANN EIFFER [Sign Original Only] MULTISTATE FIXED RATE NOT2--4ingle F&mily-Fannle Maa/Freddls Mae UNIFORM INSTRUMENT Form 3200 INI (pugs 3 aJJ pag 1 CERTIFIED ORIGINAL TRUE COPY Darryl W. King I Ocwen Loan Servicing, LLC P.O. Box 785063 iO Orlando, Florida 32878 -5063 O C W E N (Do not send correspondence or payments to the above address) WWW.OCIWEN.COiyl April 30, 2009 VIA First Class Mail VIA Certified Mail (return receipt requested) Certified Number: 71069017515126341623 Reference Code: 0902 Cathy Ann Peiffer 579 Hillcrest Drive Carlisle, PA 170154333 Loan Number: 103153227 Property Address: 579 Hillcrest Drive, Carlisle, PA 17015-0000 PLEASE SEE THE ENCLOSED DOCUMENT bom%. ' L 11 A DACr91.13 This communication is from a debt col ector attempting to collect a ebt any information o arned will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt ' Ocwen Loan Servicing, LLC P.O. Box 785063 Orlando, Florida 32878 -5063 O C w E N (Do not send correspondence or payments to the above address) WWW1,0CVA N.CY0M APPENDIX A April 30, 2009 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific_ information about the nature of the default is provided in the attached pages The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN THIRTY Q01 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counseling Agency. The name address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call (717) 780-1869)This Notice contains important legal information If you have any questions representatives at the Consumer Credit Counseling Agency may be able to help explain it You may also want to contact an attorngy in your area The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES ^AFECTA SU DERECHO A `CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL COikTENID0 DE ESTA NOTIFICA60N, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. USTED PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMM SU HIPOTECA. HOMEOWNER'S NAME(S): Cathy Ann Peiffer PROPERTY ADDRESS: 579 Hillcrest Drive Carlisle, PA 17015-0000 LOAN ACCT. NO.: 103153227 ORIGINAL LENDER: FIDELITY MORTGAGE FIDELITY MORTGAGE A DIVISION OF DELTA FUNDING CORPORATION CURRENT LENDER/SERVICER: OCWEN DACf9 L l3 This communication is from a debt collector attempting to collect a debt; arty information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt .._ .. ' Ocwen Loan Servicing, LLC P.O. Box 785063 O ......... -... Orlando, Florida 32878-5063 C C W E N (Do not send correspondence or payments to the above address) WWW,0CMTN.CQM HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on your &__ I' A A-- C aL- A.. a.. -C LL:.. AT..a...- T....:?.- 41- 4:...... ?..... .......4 ...........?.. .....7 .. {h..w.7 .. 11? .... {.. {'-....11 YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED"HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the proper is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the-leildr you have the right to apply for financial assistance from the Homeowner's Emergency' Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). DACr91.13 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. Howeivr, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt Y Ocwen Loan Servicing, LLC P.O. Box 785063 'O' Orlando, Florida 32878 -5063 O C W E N (Do not send correspondence or payments to the above address) W1Vw.OCWFN. ONm HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 579 Hillcrest Drive, Carlisle, PA 17015-0000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 2 payments in the amount of $ 1,004.37 from March 01, 2009 through April 30. 2009 DETAIL SUMMARY : Principal and Interest ................................. $ 2,008.74 Interest Arrearage ..................................... $ 0.00 Escrow .................................................. $ 1,557.11 Late Charges ........................................... $ 409.72 Insufficient Funds Charges ........................... $ 0.00 Fees / Expenses ........................................ $ 5.32 Suspense Balance (CREDIT) ........................ $ 0.00 Interest Reserve Balance (CREDIT) ................ $ 0.00 TOTAL DUE .......................................... $ 3,980.89 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,980.89, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by Money Gram Cashier's Check, Certified Check or Money Order made payable and sent to OCWEN P.O. BOX 6440 CAROL STREAM, IL 60197-6440. . IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgan grope IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (330) DAY period you will not be required to pay attorney's fees OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S ALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paying the total amount then past due.. requirements under the motgae Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S ALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the servicer. DACr91.13 This communication is from a debt collector attempting to collect a debt; any-information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt • ' , Ocwen Loan Servicing, LLC O Name of Servicer: OCWEN P.O. Box 785063 f - -' Orlando, Florida 32878 -5063 O C W E N (Do not send correspondence or payments to the above address) WV,• ), .OC'WF.N.COM HOW TO CONTACT THE SERVICER: Address: P.O. BOX 24737 WEST PALM BEACH, FL 33416-4737 Phone Number: 800-310-9229 Fax Number: 407-7376300 Contact: Performing Collections Dept. EFFECT OF SHERIFF' SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE (3) TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING A EN IES ERVIN YOUR O TNTV - DACT91.13 This communication is fiw debt collector attempting to collect a debt, any information obtained will be used for that purpose. Howeivr, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt VERIFICATION Ilana Zion, Esquire hereby states that she is the Attorney for the Plaintiff in this action, that she is authorized to make this Verification as the Plaintiff is outside the jurisdiction of the Court and Plaintiff s verification could not be obtained within the time necessary to file this pleading, and that the statements made in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: SHAPIRO & DENARDO, LLC BY: JmRL? Ilana ' Esquire Attorney Plaintiff 0 rIL` L009 . 'e hi i {u' f? rat 17\l Sheriffs Office of Cumberland County R Thomas Kline n Q1 ?uir.hcrt d? Lawara L zcnorpp Sheriff r Solicitor Ronny R Anderson Jody S Smith Chief Deputy r?f?' Civil Process Sergeant HSBC Bank USA, N.A. Case Number vs. Cathy Ann Peiffer 2009-4281 SHERIFF'S RETURN OF SERVICE 06127/2009 09:20 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 27, 2009 at 0920 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Cathy Ann Peiffer, by making known unto herself personally, defendant at 579 Hillcrest Drive Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. 06/27/2009 09:20 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 27, 2009 at 0920 hours, he served a true copy of the within Complaint in Mortgagee Foreclosure, upon the within named defendant, to wit: Occupants at 579 Hillcrest Drive Carlisle, PA 17015, by making known unto Cathy Peiffer, occupant at 579 Hillcrest Drive Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $49.40 June 29, 2009 SO ANSWERS, ?'?001 .10'? .; R THOMAS KLINE, SHERIFF De ty Sheriff ? na tp -17 y: C- t' Z T+7 r! Mob - SHAPIRO & DeNARDO, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I.D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-035645 HS BC Bank USA, N.A.`, as Indenture Trustee for the registered Noteholders of Renaissance Home Equity Loan Trust 2006-3 PLAINTIFF VS. Cathy Ann Peiffer DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-4281-CIVIL TERM PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification to the Complaint in the above-captioned civil action. Respectfully Submitted, SHAPIRO & DeNARDO, LLC BY: Ilana Zion, Esquire Attorneys for Plainh ti HSBC Bank USA, N.A., as Indenture Trustee for the registered Noteholders of Renaissance Home Equity Loan Trust 2006-3 v. Cathy Ann Peiffer VERIFICATION The undersigned is Manager Ocwen Loan Servicing, LLC on behalf of HSBC Bank USA, N.A., as Indenture Trustee for the registered Noteholders of Renaissance Home Equity Loan Trust 2006-3 and as such is familiar with the records of said corporation, and being authorized to make this verification on behalf of Plaintiff an officer of the corporation, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Ocwen Loan Servicing, LLC on behalf of HSBC Bank USA, N.A., as Indenture Trustee for the registered Noteholders of Renaissance Home Equity Loan?Trust 2006-3 Name: Kevi ackson Title: Manae 09-035645 OF THE PRO ' TARY 209 JUL 2U Pi 1: 4 5^ PDASYLVANA, SHAPIRO & DeNARDO, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I. D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-035645 HSBC Bank USA, N.A., as Indenture Trustee for the registered Noteholders of Renaissance Home Equity Loan Trust 2006-3 PLAINTIFF VS. Cathy Ann Peiffer DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-4281-CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter SETTLED, DISCONTINUED AND ENDED, without prejudice. SHAPIRO & DeNARDO, LLC BY: Sal L?_ ?m Ilana Zion, Esquire Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I.D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-035645 HSBC Bank USA, N.A., as Indenture Trustee for the registered Noteholders of Renaissance Home Equity Loan Trust 2006-3 PLAINTIFF VS. Cathy Ann Peiffer DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-4281-CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the Praecipe to Settle, Discontinue and End on 107 to all parties named herein at their last known address or upon their attorney of record as below listed by regular mail, postage prepaid: Cathy Ann Peiffer 579 Hillcrest Drive Carlisle, PA 17015 Michael J. Pykosh, Esquire P.O. Box 368 Camp Hill, PA 17001-0368 SHAPIRO & DeNARDO, LLC r BY: Ilana Zion, Esquire Attorney for Plaintif u 2009 JLI_ 28 S: