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HomeMy WebLinkAbout09-4929Uj MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 To: -n" c 4 y 't-. STlZ,?+b f CG 1 ? ?'N IN . You are hereby notified to W it tt&mv , ZXr f a written response to the enclosed within twenty (20) days from the service hereof or a judgment may be entered against you. Attorney for Plaintiff Attorney for Plaintiff' File: 55.10659 U.S. Bank National Association as Trustee COURT OF COMMON PLEAS under Pooling and Servicing Agreement CUMBERLAND COUNTY dated as of May 1, 2007 MASTR Asset- Backed Securities Trust 2007-HE1 Mortgage Pass-Through Certificates, Series 2007-HE1 4837 Watt Avenue, Suite 100 No.: 04j_ q?a)q ??/ ?? VYVI No. Highlands, CA 95660, CIVIL ACTION Plaintiff, MORTGAGE FORECLOSURE Vs. Timothy F. Straub 2904 Market Street Camp Hill, PA 17011, and ' Calvin W. Williams, III 2904 Market Street Camp Hill, PA 17011, Defendants. 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. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of May 1, 2007 MASTR Asset- Backed Securities Trust 2007-HE1 Mortgage Pass-Through Certificates, Series 2007-HE1 4837 Watt Avenue, Suite 100 No. Highlands, CA 95660, Plaintiff, Vs. Timothy F. Straub 2904 Market Street Camp Hill, PA 17011, and Calvin W. Williams, III 2904 Market Street Camp Hill, PA 17011, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of May 1, 2007 MASTR Asset-Backed Securities Trust 2007-HE 1 Mortgage Pass-Through Certificates, Series 2007-HE 1 (the "Plaintiff'), is a corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 4837 Watt Avenue, Suite 100, No. Highlands, CA 95660. 2. Defendants, Timothy F. Straub and Calvin W. Williams, III, (collectively, the "Defendants"), are adult individuals and are the real owners of the premises hereinafter described. 3. Timothy F. Straub, Defendant, resides at 2904 Market Street, Camp Hill, PA 17011. Calvin W. Williams, III, Defendant, resides at 2904 Market Street, Camp Hill, PA 17011. 4. On January 26, 2007, in consideration of a loan in the principal amount of $209,100.00, Timothy F. Straub, the Defendant, executed and delivered to EquiFirst Corporation an adjustable rate note (the "Note") with interest thereon at 6.950 percent per annum, payable as to the principal and interest in equal monthly installments of $1,384.14 commencing March 1, 2007. See Note attached. 5. To secure the obligations under the Note, the Defendants executed and delivered to Mortgage Electronic Registration Systems, Inc., as nominee for EquiFirst Corporation a mortgage (the "Mortgage") dated January 26, 2007, recorded on March 12, 2007 in the Department of Records in and for the County of Cumberland under Mortgage Book 1984, Page 4128. See Mortgage attached. Pursuant to Pa.R.C.P. 1019 (g) the mortgage is incorporated herein by reference. Plaintiff is proper parry plaintiff by way of an assignment to be recorded. 6. The Mortgage secures the following real property (the "Mortgaged Premises"): 2904 Market Street, Camp Hill, PA 17011. A legal description of the Mortgaged Premises is attached hereto as Exhibit "A" and made a part hereof. 7. The Defendants are in default of their obligations pursuant to the Note and Mortgage because payments of principal and interest due February 1, 2009, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. 8. The following amounts are due on the Mortgage and Note: Balance of Principal ................................ $204,843.62 Accrued but Unpaid Interest from 1 / 1 /09 to 7/21/09 @ 6.950% per annum ($39.00 per diem) ........................................$7,878.00 Accrued Late Charges ....................................$553.68 Corporate Advance .........................................$247.28 Title Search Fees ..................................... .......$350.00 Reasonable Attorney's Fees .................... ....$1,250.00 TOTAL as of 07/21/2009 ........................ $215,122.58 Plus, the following amounts accrued after July 21, 2009: Interest at the Rate of 6.950 per cent per annum ($39.00 per diem); Late Charges of $69.21 per month. 9. Plaintiff has complied fully with Act No. 91 (35 P.S.1 680.401(c) of the 1983 Session of the General Assembly ("Act 91 ") of the Commonwealth of Pennsylvania, by mailing to the Defendants at 2904 Market Street, Camp Hill, PA 17011 as well as to address of residences as listed in paragraph 3 of this document on April 22, 2009, the notice pursuant to § 403-C of Act 91, and the applicable time periods therein have expired. WHEREFORE, Plaintiff demands an in rem judgment against the :Defendants for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 8, namely, $215,122.58, plus the following amounts accruing after July 21, 2009, to the date of judgment: (a) interest of $39.00 per day, (b) late charges of $69.21 per month, (c) plus interest at the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if any) hereafter incurred, (e) and costs of suit. MILSTEAD & ASSOCIATES, LLC :? _'C l, Mary L. Harbert-Bell, Esquire Attorney for Plaintiff VERIFICATION I, Mary L. Harbert-Bell, hereby certify that I am an Attorney for Plaintiff and am authorized to make this verification on Plaintiff s behalf. I verify that the facts and statements set forth in the forgoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S. ' 4904, relating to unsworn falsification to authorities. Name: Mary L. Harbert-Bell, Esquire Title: Attorney 07-07-'09 14,04 FROM- Commitment Number. GFtWl 142REF T-447 P0032/0034 F-493 EXHIBIT A sCHEDULE C Legal peacri#stian ALL THAT CERTAIN piece or parcel of land situate of the Borough of Damp HIII, Cumberland County, Pennsylvania, bounded and described as follows, to wit HEOiNNING at a point in the northern line of Market Street one hundred fifty (150) feet east of the northeast corner of the intersection of Market and Nsodh 31P Streets; thence northwardiy along lands now or late of Charts H. Wend two I)undred (200) feet to a point In the southern line of a Twenty (20) fast wide Ailey: thence eastwar* along the southern line of sale Twenty (20) feet wide Alley fifty (50) feat to 'a point; thence southwardly along lands now or late of Frank H. Walker two hundred (200) feet to a point in the northern One of Market Street; thence westwardly along the northern tine of Market Street; fifty (50) feet to a point, the place of BEGINNING. HAVING thereon erected a two and one-half story txiek dwelling, wish garage attached, known as No. 2904 Market Street. TOGETHER with all right, title and Interest in and for the use of a private driveway extending northwardly from the northern line of Market Street 74 feet 6 inches at s width of 14 feet 3 Inches and extending thence nortfwvardly, 30 feet more or less, at a width increasing from 14 feet 3 inches to 32 feet at the northern terminus thereof, signed by agreement recorded in the Cumberland County Recorder's Office in Miscellaneous Book 73, Page 141. I Certify this to be recorded In CurrtWand County PA a f'9 f%4 t' Recorder of Deeds i .t ?'riEi?VART TITY..E nrr ? s, r v..v .+i?v'A ? rv 07-07-'09 14,00 FROM- T-447 P0010/0034 F-493 C I -L-5 i9e t AWRT P. ZIE;LER RECORDER OF DEEDS t'i"BE1 LAND COUINTY_F `. W MOR 12 AM 1108 prepared Sy: Travis saker 500 Poree t. Point Circle, Charlotte, MC 28273 (704)66S-3$23 Rft= To: Aquilirst Corporation Attug Collateral bt 500 Parent Paiat Circle Charlotte, NC 28273 (900)272-3477 Farce! Number: 01210273305 Pretniaes: 2904 Market Street, Camp Hill, PA 1.7011 - (6pace above Thta Ljot Fbe RecardhZ betel MORTGFAGE DEF1141' ONS MIN 100200100113696413 Words used in multiple sections of this document are defined below and other words at defined in Sections 3, 11, 13, 18, 20 sad 21. Cariain rules regarding the usage of words used in this document are also provided is Section 16. (A) "SeturRy Instrament" means this document, which is dated granuary 26, 2007 , togotber with all Riders to this document. (B)'Morrowerr" is Timothy F. Straub and Caiviu W. Williams, III, as Toi>¢t Taalaata Borrower is the mortgagor under this Security Insitument. (C) 15MRS" is Mortgage Elyotronit Registration Syeteum, Inc. MFRS is a separate: oatporation that is acting solely as a nominee for header and Lendoe s suoeesaors and assigns. 1ZRS b the mortrVe under this Security liwtnunent. MW is organized and existing under the laws of 0daware, and has an address and tolepboaa number of P.Q. Spit 2026, Flint MI4MI-2026, td. (886) 679-MFRS. 1136984 PO"YLVANIA - Single Family - Fad UsatFradd s Mac UNIFOM MTRUMMT WITH MM VA) (es6ai.or Fars 3039 V01 A" I at l $ rdUMS . 07-07-'09 14;01 FROM- (D) "Letdee' is Equiairsta Corporation Lander is a Corporation monized and tutisft under the laws of North CaraXi=A Lendeeaaddreaasir 500 Format point Cirole, Ob"Jott:e, MC 28273 T-447 P0911/0034 F-493 (E) 'Wate" mean the promissory note signed by Borrower and dated 4Famuaa y 26. 2007 The Note states that Borrower owes Leader two hundred "I. thousand one bmtmlrod and 001100 Dollars (U.S. $209,100.00 } plus itnterest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than alabraaa:y 1. 2037 M 17 ropa3a; W' mews the property that is described below render the heading "Transfer of Rights in the Property." (() "Loan" means the debt evidenced by the Note, phis interest, any prepayment charges and late charges due under the Notes, and all sums due under this Scmvity lnsmunesnt, plan interest. (ln *%Udeen" means all Riders to this Swmity Inattinnant that are mmated by Borrower. Tho foWwitag Riders are to be executed by Borrower [check box as applicable): eldjosmble Ratc Rider Condominium Rider Second Dome Rider © Balloon Rider VA Rider Planned ilnir Develarment Rider Biweeidy Payment Rider l-4 Family Rider Other(s) fspecifyl ARM Floor/ Prepay Rider (f) "Applicable Lave" meads A oontroiiing applicable federal, states and local staaWOPA, rngttlationtc, ordinenm and mbninistx-40 a rules and orders (that have Eire effmnt of Imw) ats wcl errs all applicable final. non able judicial opinions. (J) 'romnuaaaity Assueltdon Tines, Fees, and Assem meats" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condor dnium association. homeowners assooiaclon or Similar orpaaai-Ation. (IQ "Eleetmale fiends Transfer" nm m any traamfor of fm&. other than a transaction originated by rhedk, draft, or mi mlar paper Inamanaft, which is initiated through an electronic teamimL tekphonic instrument, oompmter, or maaagnetto tape so as to order, instruct, or authorise a iinanciaal inatitation to debit or credit an account. Such Uetm includes, but is not limited to, point-of4ade transfers, auwmated taller mwbWc transactions, transfers initiated by tckphone, wire inmates, and automated eluaringhouse ttanaf9ts. (L) "Zoorow Treats" ma,nas dose items that are described is Section 3. (BQ "Miseellaneans Proceeds" means any compensation, settlement, award of damages, or )tnoceeds paid by any third party (othe that insurance proceeds paid vmel err the coverages described in Section S) for, (i) dunnage to, or destruction of, the Property; (11) conde oration or other taking of aril or any part of the Propma r, (iii) conveyance in lieu of condetanation: or (iv) misrepra mudons of, or omissions as to, the vaaln a antd(or condition of than Property. (M) "M:aRgage Insurance" ameaas insurance protecting Lender against the nonpayment of, or defAult on, the Loan. (0) 'Tedodde Payment" amasu the regularly scheduled amount duo for (i) principal and interest under the Note, plus (it') any amoums under Section 3 of No So mrity lnstr m!Jnt. 2136984 WNW$: 4ft.4A(PA) p sosfae Ap" 2 016 Form 3039 1101 -1.1".4- ?4 t Z-15 07-07-'09 14;01 FROM- T-447 P0012/0034 F-493 M `MR04" means the Real Estate Settlement[ Procedum Act (12 U.S.C. Section 2601 at seq.) erne its implementing regulation, Fxgulatien X (24 C.Ie.P- Part 3300), as they might be amended from time to time, or any additional or auceaesasor legislation or regulation that governs the one subjes0t matter. As used in this Security YtlsTnmseut; 'RESPA" refers to all raqu is and restrictions that are imposed in regard to a 'federally related mortgage toan" even if the Joan dons not qualify as a "federally related mortgage loan:" uadar RESPA. assInterest of Borrower" meaus tmcd Borroee s oNiga any party the N t h?teo en*isla to the ? , t leather or (Q) "Successor not that party has in TRANSFER OF RIGHTS IN THE PROPERTY This Security losumment secures m Looder: (i) the repayment of the Loan, rind all renetirala, extsasions and modifications of the Now, and (ii) the perfotmame of Borrowee s covensnffi and agrermenis under: this Security tnsttvmaxt and the Now For this purpose, Borrower dace hereby mortgage. great and convesy to MM (solely as nominee for Lander and Leader' x successors and amps) ad to the su messars and assigns of MFRS, the hallowing described propoM located in this ccnmty ory" of R-dins Ieerttel"001 of Ctsubarl and [Name of Re wrefitts Sarltatac6m): See Atta zhad 8xhibit A which currently has the address of 2904 Market street: CWMV Hill ("Properly Address"): [Saber) ICiW], Peowylvaaia 1703.1 [Zip Code) TOGETHER WTrH all the improvements now or hereafter erected on the property, and all case,enents, ea, and fmtures now or ben-eafter a part of the property. All rWareme+ats and additions sl m be covered by this Security Instrument. All of the foregoing is refired to in this Security Instrument as the "Property." Borrower >mderstands and agrees that EWERS holds only legal title to the intereats granted by Bonvwcr in this; Security Instr=esat, but, if necessary to comply with law or 4namm, HERS (as nominee for Lender and Landers successors and ?a?ii?gnss) has the right: to osareraise any or all of those: intemsts, including, but not limited to, the right to fOrod)m and sell the property; and to Yalta any action required of Lander inchuft& but not limited to, reizasing and cuueelirig this Somrity Instrument. 1136984 -OA(PA) paoa}at keapeer. F"o a d' to ro m 3039 1101 07-07-'09 14:01 FROM- T--447 P0013/0034 F-493 BORROWER COVENANTS that Borrower is [awfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey die Property and that the Property is Unencumbered, concept for e=mbrantes of record. Borrower warrants and will defend generally the tide to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURM INSTRUMENT combines uniform aovenaum for national use and non-aniform covenants with limited variations by ftrisdiction to constitute a xmifwm security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Iutcm% Escrow Items, Prepayment Chmpa. sad Late Charges. Borrower shall pay when due the principal of, and interest on, the debt ovidenced by the Note and any prepayment eharps and late charges due under the Note. Borrower shall also pay tlmds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument sWI be made in U.S. currency. However, if any chock or other instuument received by Leader as payment under the Note or this Security Instrument is returned to Leader unpaid, Lcnder may require that any or all subsequent psymm" due under the Note and this Security Instrument be made in one or more of the following forms, as sealocted by Lender. (a) cash; (b) money order; (o) eertifled check, back cheek. treasurer's check or cashier's check, provided any spa cheep is drawn upon an institution whose deposits are inured by a federal agency, inalruneotality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated m the Note or at such other location as may be designated by Leader in accordance with the notice provisions in Section IS. [,ender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to rokso such paymem or partial payments in the future, but Lender is not obligated to apply stich paymism at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, them Lander need not pay interest on unapplied funds. Landes may hold such unapplied funds until Borrower makes payment to bring the Loan teurcnt. If Borrower does not do so within a reasonable period of tiny,- Leader shall either apply such funds or rerun them to Dmower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note iut>mediately prior to foreclosure. No offset or claim which Borrower might have now or in tho future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements aeetred by this security Instrument. 2. Application of Payments or Proceeds. Except as othavvisc described in this Sectirm 2, all payments accepted and applied by Lender sball be applied in the following order of priority. (a) inbertatt due under the Note; (b) principal date under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment is dw order in which it became due. Any remait? amaunts shall be applied first to late charges, second to any otber amounts due under this Security Instrument, and then to reduce tha principal balance of the Note. If Lender receives a payaaent from Borrower for a delinquent Periodic Payamtht which includes a sufficient amount m Pay any late charge due, die payment may be applied to the delinquent payment and the late charge, If mare thaw one Periodic Payment is outstanding. Lender may apply any payment rec*ved from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payv=t 1138484 44A(PA) tasea)ae Of19 13.1 rddde: "46f+« Fenn 2039 1101 07-07-'09 14:02 FFOM- 't-447 P0014/0034 F-493 Can be paid in full. To the extent that any excess exists after the payment is applied to diC full payment of one or mare 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 Proweds to principal due under the Note shall not extand or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for l; waw Items. Borrower Mall pay m Lander on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (trite "Funds") to provide for payment of amounts due for: (a) taxes and s ne uments and other items which can attain priority over this Security InstrwAont as a lice or 4mcumbranee on tine property, (b) leasehold payments or ground resus on the Property, if any, (c) premiums fbr any sad all bfst moe required by Lender under Section S; and (d) Mortgage Insurance preaniums, if any, or say sums payable by Borrower to Lender in titer of the payment of Mortgage Insurance premiums in accordance. with the provisions of Section 10, Tbew irons ere called "Escrow ltww" At origination or at any time during the term of the Loan, Lender may require that Comntumty Association Dues, Fees, and Assmsuiazits, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Leader all notices of amounts to be, paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives B=owt s. obligation to pay the Funds for any or all Escrow hems. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any tim. Any such waiver may only be in writing. In tba ovent of such waiver, Borrower shall pay directly, when and where payable, the amounts due for arty Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires. shall f truish to Lender receipts evidencing such payment within such time period as Lander tray require. Borrower's obligation to malm such payments and to provide rvc6pts shall for all purposes be: desmed to bo a covenant and agtearnat Contained in this Security Instrument, as the phrase "covenant and agromi e is used in Section 9_ If Borrower is obligated to pay Escrow Item directly, pursuant to a waiver, and Borrower fails to pay the amount due fur an Escrow item, Lander may exercise its rights under Section 9 and pay such amount and Borrower shall them be obligated under Section 9 to repay w Lender say such sowunt Lander may revoke the waiver as W 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 Le:uder all Funds. and in such amrnmts, that are then recpeired tmdex this Section 3. Lender may, at any time, collet and hold Funds in an amount (a) sufficient to permit Lender to apply the Fuels at the time specified uncle' RESPA, and (b) not to exceed the mzo mum amount a tender can require under RESPA. Leader shall estimate the amount of Funds due on the basis of aurnat data. and reasonable estimates of expendi%res of future Escrow Items or otbzNvias in accordance with Applicable Law. The Punch shall be held in an institution whose deposits are insured by a federal agcy. instrumentality, or entity (including Lender, if Lander is an institution whose deposits we 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. Leader shall not charge Ekmwar for holding and applying the punch, annually analyzing the escrow account, or ver*Ing the Escrow Items, unless Lender pays Borrower interest on rite Funds and Applicable Law permits Lander to snake such a charge. Unless as 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 emraings on the Funds. Borrower and Lender can agree in writing. however, that interest 1136984 -604PAl P M1.01 Ffto s of to 4tlteaa: "??? Form 3038 t?at IKI ?. :. 07-07-'09 14;01 FROM- T'-447 P0015/0034 F-493 shall be paid on the Funds. Lender shall give to Borrower, without charge, an ann>hal accounting of the Funds as required by RESPA. If there is a surplus of Fonds bold in escrow, as defined under RE9PA, Lender shall account to Borrower for the excess Scads in accordance with RESPA. If t}tere is a shortage of Fwhds held in escrow, as defined under RESPA. Lender shall notify Borrower as required by RI3SPA, and Borrower shall pay to Lender the amount necessary tD make up the shorriage in accordance with REESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Leader shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount accessary to make up the deficiency in accordance with RBSPA. but in coo more than 12 monthly payments. Upon payment in t'uli of all sums scoured by this Security Instrument, Lender shall promptly refwid to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, its, chargers, fins, and kapoaitiona attributable to tho Property which can attain priority over this Security Instrument, leasehold payments or grand room on the Property, if any, and Community Association )Dues, Foes, and Anse ssumts, if any. To the Meat that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Seanrity Instrument unless Borrower, (a) agrees in writing to the payment of the obligation secured by they lien in a manner acceptable to Lender. but only se lons as Borrower is performing such afire nant; (b) contests the limn in good faith by, or defm& against enforcement of the /fen in, legal proceedings which in Lendee s opinion operate m prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agrearnew satisfactary to Lender sutxnrdinating the lieu to this Security Instrument. If Leader de termims that any part of the Property is subject to a Lien which can attain priority over this Security Inistrunmit, Leader may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower spelt satisfy the lien or take ant or more of the actions set Onth above in this Scotian 4. Lander may require Borrower to pay a one-time charge for a real estate tax vonfieadon and/or reporting sarace used by leader in connection with this Loan: S. Avpeerty In urauce. Boirowo t shall keep the unprovarnents now existing or hereafter erected on the Properly insured against lost: by tire, barards included within the term lonamded coverage," and any other hazards including, but not limited to, eud qualaes and floods, for which Lender requires insurance. This insurance shall be mintained in the amanrds (including deductible Irmo) and for the periods that Lender requires. What Lender requites pursua=nt w the preceding sentences can change during the term of the Loan. The insurance carrier providing the insenwm shall be chosen by Borrower subjea to Lender'a right to disapprove Borrowe t a choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-tube charge for flood zone determination, certification and tracking services: or (b) a ono-tim charge for flood zone datnrmittadom and corhfrcaticm services and subsequent charges arch time remWinp or similar oranges occur which reasonably might atl<eot such domcmination or certification. Borrower shall also be responsible for the payratat of any fees nursed by the Federal Emery Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. 1136964 4%-SA(PA) ("Olp I •ws 6 of it Farm 4059 Vol 07-07-'09 14:01 FROM- 't-447 F0016}0034 F-493 If Borrower faits to nwlntda any of the coverages described above, Lender may obtain insura=e coverage, at Undoes 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 due contents of the Property, against any risk, hazard or liability and might provide greatcr or lesser coverage than was previously in affect. Borrower admowlcdge s that the cost of the insurance coverage so obtained might significantly exceed the amt of insurance dw Borrower could have obtained. Any arnounts disbursed by Leader under this Section 5 abseil become additional debt of Borrower secured by this Scadity btatnuncat. 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 Leader and renewals of such policies shall be subject to Leander` s right to disapprove such policies, shall include a standard mortgage clause, and shall name gender as mortgagee and/or as an additional lass payee. Leader shall hm the right to hold the policies and r wwal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any forth of insurance coverage, not otherwise required by Lender, far damage to, or destruction ot, the Property, wxh policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss psyee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Leader may make proof of loss if not made promptly by Borrower. Unless Leader and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Leader, shall be applied to restoration or repair of the Property, if the restoration or repair is emnowically fcauble and Lender's security is not lessmod. Turing such repair and restoration period, Leader shall have rho 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 satisiircxion, provided that such inspection shall be undertaken promptly. Leader may disburse p€oom" for the repairs and restoration in a single payment or in a series of progress payanents as the work is completed. Unless as agreement is made in writing or Applicable Law resquams interest to be paid on such insurance proceeds, Leader shall not be required to pay Borrower any intarast or earnings on Nrnch proceeds Fens for public mbuste rs, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the cola obligation of Borrower. If the resWration or repair is not eeono nically feeaible or Lendee s security would be lemcnod, the intawance proceeds shall be applied to ties stuns secured by this Security Instrument, whether or not then due, Whit 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 36 days to a notice from Lender that the insurance carrier has ofinred to settle a claim, then Lender may negotiate: acid settle the claim. The 30-day period will begin when the notice is given. In either event, or if Leader acquires the Property under Section 22 of othwwiw. Borrower hereby assigns to Lender (a) Borrower's rights to any insurance piocoods m an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) my other of Baw"ef a rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering tic Property, insofar as such rights are applicable to the coverage of the Property. Lander may use the insurance proceeds eidvw to repair or restore the Property or to pay amounts unpaid under tiro Note or this Security Instrument, whether or trot then due. 11369134 4R41A(PA) taeos).ae PW7de6 Fate 3039 1/oi 07-07-'09 14.02 FROM- T-447 P0017/0034 F-493 6. Occupancy. Borrower shat[ occupy, eftblish, and use the Property as Bon-ewer's principal remAcuee within 60 days afro the execution of this Security Inst umert and shall continue to occupy the Property as Borrowes's principal residenoe for at least one year after the date of oecupaucy, unless Lender othcrwise agrees in writin& which consent shall not be unreasonably withheld, or unless ememrrating circumstances exist which are beyond Borrower's control- 7. Preservation, Maintenance and Protection of the Property; Insgeedorts. Borrower shall not destroy, damage or Impair the Property, allow the Property to deteriorate or commit waste on to Property. Whether or not Borrower is residing in the Property, Borrower shall maltttain the Property in order to prevent the Proparty firm dstertorxting or decreasing in value due to its cmditiop. Unless it is determined pursuant to Section S that repair or restoration is not wonornically &, iblc, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage, of insurance or condemnation proceeds are paid in connection with damage to, or the taking at the Property, Borrower droll 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 it single payment or in a eerier of progress payments as the work is complatcd. If the h oe 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 rawntion. Lender or its agent away s nakG reasonable entries upon and inspections of the Property. If it has reasonable cause, Lam may inspect the inocrior of then mWoveu eats on the Property. Lender shall give Borrower notice at the tiute of or prior to such an interior inspection spoeifyiag such reasonable cause. S. Borrower's Loan Application. Borrower shall he in defasnkt if, during the Loan application proms, Borrower or any persons, or entities soft at the direction of Borrower or with Borrowed a knowledge or consent gave materially Wso, misleading, or inaccurate information or stars to Lender (or failed to provide Leader with material information) in connection with the L.oau. Material representations include, but are not limiter] to, representations concerning Borrower's occupancy of the Property as Borrower's principal rrandeam 9. Protection of Lender's Xafaerest In the Property and Nghk Under this Security Instrument. If (a) Borrower £mils to perform the covenants and agreements contained in this Seoe * lnsmmncnt (b) there is a legal prroceeding that might significantly affect txndce s interest in elUe Property and/or rights under this Security Weamant (such as a proceeding in bsnkmtptey, probate, for condemnation of for6eitttrq for enforcement of a lien which may attain priority over this Security Instrument or to anfm-ce laws or regulations), or (e) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender' a interest in the Property and righrs under this Security Instrument, including protecting and/or assmaing the value of the Property, and securing auad/ot repairing the properly. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court. and (c) paying reasonable attorucys' fees to protect its interest in rho Property and/or rights: trader this Security Inapt, Including its -a-cd position is a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, ohmge locks, replace or board up doors and windows, drain water from pipes, alimirrate building or other code violations or dangerous conditions, sod have utilities turned on or off. Although. Lewder may take action under this Section 9, bender 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 authari=d under this Section S. 1136994 4ft-SA(PA) psoar at Rase a M t d OK?FL3939 4101 - f 07-07 09 14;02 FFM- T-447 P0018/0034 F-493 Any amounts disbursed by Lender .under this Sechaa 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall boar interest at the Note rate fr*m the date of disbursement and shall be payable. with such ingest, upon notice from Lender to Borrower requesting payment. If this See' Wity rautrumeut is on a Icafthold, Borrower shall comply with. all the provisions of the lease. If -Borrower acquires fine title to the Property. the leasehold and the fw title shall not merge unless Leader agrees to the merger in wrings. Ili. Mortgage Insuranee, If Lender roqulred Mortgage Insurance as a condition of awaking the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effbot. If. Rw any reason, the Mortgage Insurance coverage required by Lender excels to be available firm the mortgage insurer that previously provided sack insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage hw ranM Borrower shall pay the prpuiums required to obtain covera? substanti811y equivalent to ft Mortgage Insurance previously la effect; at a cost substantially equivalent to the cost to Borrower of the Mortgage lnstuaom previously in ot3'ect, from an alternate mortgage insurer scleoWd by 1.4ander. If substantially equivalent Mortgage Insurance coverage is not available. Borrow" shall continue to pay to Lender the amount of the separately desiomted payments that were due when the insurance coverage ceased to be in effect. Leader will accept, use and retain these payments as a ,aon-refundable loss resarvo in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the diet that the Loan is ultimately paid in fall, and Leader shall not be required to pay Borrower any interest or earnings on such loss reserve. Under can no longt require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer se2eebsd by Lender again becomes available, is obtainvd, and Leader requires separately designated payments toward the premiums for Mortgage Inarranee If Leader required Mortgage Insurance as a condition of making the Loan and Borrower was raquirod to make separately designated payments toward the pmviums; for Mortgage Insurance; Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a aoa-refundable lose reserve, until Lmdee s requirement for Mortgage Fnsu anco ends in accordance with any written afire numt betwom Borrower and Lender providing fox such termination or utt11 tenninadon is required by Applicable Law. Nothing in this Seetion 10 affacts Borrower's obligation to pay interest at die raft: provided in the Now Mortgage Imurance retmbursea Lender for any entity that purchases the None) for certain losses it may meter if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Ilzmance. Mortgage insurers evaluate their total risk an all such insurance in fences from. time to daze, and may enter into agreements with other parties that share or modify their risk, or reduce losses. 71ese agreements are on terms and conditions that are satisfactory to the mortgage incliner and the other party (or pwim) to these agreements. These agreumeonta may requim the m=Vgm insurer to snake payments uttis?e arty source of funds that tlae mortgage insurer may have available may include M& Obtained fi-am Mortgage Insurance pteadume). As a result of time eats, Lender, any purchaser of the Note. another insurer, any reinsarer, any other entity, or any a>?of any of the foregoing, may receive (directy or indirectly) amounts that derive frost (or might be characterized as) a portion of Borrower' s payments for Mortgage Insurance, in exchange for sharing or modift the mortgage insurers rink, or red=lug losses. If such agreement provides OW an affiliate of Lender takes a share of the insurer's risk in mu&amge for a share of the pro niutm paid to the instvcr, the arra.gement is often termed "captive reasaraaoe, a Further. (a) Any such agrecmmcb will net affect the amounts that Borrower has agreed to pay for Mortgage lawanee, or any other theme of the Loan. Such agreements +tra na inereatte the aatowtt Borrower will owe for Mortgage Instuatsee, and they will not entitle Borrower to any round. 1136984 0 W1Wft 1-1 / ft-6A(PA) mwst.ai PAPS at us Posen 3639 '1101 RK,1 7-17'4 P WO-6. 07-07-'09 14:02 FROM- T-447 P0019/0034 F-493 (b) Any such ttgreettMeurs will apt affect the r*W Borrower has - if any - with respect to the M60PP Insurance under the Homeowners rMtecdon Aa of 199E Or May Other law, These rights may include the right to rr+eeeive certain siiaelmres, to request and obtain ea ,"Ustiou of the ltiiaxtgage hwarance, to have the Mortgage Insurance terminated al"mAticaiiy, andlor to mceive s refund Of MY Mot tgsge Insurance prttniums that were unearned at the time of such cancellation or tern?inatiatr, 11. AMIgument of Miscellaneous Proceeds; Forfeiture. All Miscellaneous proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Procoeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Landes s security Is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Prooeods until Leader has had an opportunity to kapect such Property to eusum the work has been completed to Lender' s satisfaction, provided that such inopection shall be undertaken promptly. Louder may pay for the repairs and restoration in a nugle 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 Borrowesr ar<,y interest or earoings on such Miscellaneous Pr tficeds. If the restoration or repair is not economically faesi'ble or Leader's security would be lessened, the Miscellaneous Proceeds shall be applied to the suns secured by this Sesourity Instrument, whether or not then due, with the excess, if arty, paid to Borrower. Such Miscellemea" Proceeds shall be applied in the order provided for in Section 2. In the eovent of a total telwog, destruction, or loss in value of the Property, the Miscelimeo us Proceeds shall be applied to die: sums secured by this Security Instrument, whether or not thou due, with the excess, if say, paid to )8orzower. In the evert of a partial taking, destruction, or Iosa in value of the Property in which the fair marled value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greener dun the amount of the stems scoured by this Security Instrument immediately before the partial taking, destruction. or loss its value, unless Borrower and Lender otherwise agrees m writing, the suns scoured by this Security httsh=cot shell be reduced by the amount of ate Miscellaneous Proceeds multiplied by the: following fraction: (a) the total Amount of the suns scoured immediately before the partial taking, desstreucdon, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or Ions in value. Any balance shall he paid to Borrower, In the event of a partial taking, destruction, or loss in value of the Property itt which the fair market valise of the Property immediately ba&ra the peal (nlda& destruction, or loss is value is leas then the amount of the sums secured immediately before the partial Wring, destruction, or loss in valise, finless Borrower and Lender otherwise agree in writing, the Miscolla cicaus Proceeds WWI be applied to the sums secured by this Security Instrument whether or not the stems am then due. If the Property is abandoned by Borrower. or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) oflm to make an award to settle a claim for damages. Borrower iblls to respond to Lander within 30 days after the data the notice is given, Lander Is authorized to coiled And apply the Miscellaneous Proceeds either to restoration of repair of site Property or to the sinus secured by this Security Instrument, whether or not than clue. "Opposing Party" moans the third party that owes Borrower Miscellaneous Proceeds or the patty amt whom Borrower has a right of action in regard to Miscelleswous Proceeds. Borrower shall be in default if any action or proceeding, whether oivil or criminal, is begun that, in Lender' a judgment, could result in forfeiture of the Property or other material impairment of bender's interest m the Property or rights under this 3eeaitty Instrument. Borrower can cure aw h a dofault and, if acceleration has occ=ad, reinstate as provided in Section 19, by causing the action or proceeding to be 7.136984 6A(PA) eoe;aat.oi Pyre t a d +e recur: r ?Y/ Fe>.en s0$9 1fU1 6K'1'-"1Wf%4-1 3T 07-07-'09 14:02 FROM- 'T-447 P0020/0034 F-493 dismissed with a Wiling that, in Leader's judgment, precludes forfeiture of the Pro" or other material impairment of Leader's interest In the Property or tights under this Security Instrument. 'lie proceeds of any award or claim ibr damages that are attributable: to this impairment of Leudee s interest in the Property are beroby assigned and aball be }mid to Lewder. All Mismilaucous Proceeds that arc not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. 11orre wer Not Released. Forbearance Ity Lender Not a Wpivor. Extension of the time for payment or modification of amortization of the swats sewed by Ibis Swurity Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or airy Successors in Interest of Borrower. Lender shall not be nquired to commence proceedings against any Successor in Interest of Bonvwer or to refuse to extend time for payment or otherwise modify amortirstion of the autos secured by this Security Icstrument by reason. of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by bender im exereisi any right or remedy iaeluding, without limitation. Lender's acceptance of pteyments from third persona, entities or Snrnewsors in Intereat of Borrower or in amounts less than the amoauat tbm due, shall not be a waiver of or preclude the =crcise of any right to namedy. 13. Joint amd Several Liability; Co-slgaors; Successors and Assigns Bound. Borrower covenants and agrees that Borrowed a obligations and liability Anil be joint and 3nwal. 13owever. any Borrower who co-sighs this Security hwftumaut but does net execute the Note (a "co-dg ey. (a,) is co-signing this Security Instrument only to mortgage, grant and convey tae co-signer' a interest in the property under the terms of this Seoutity InshVme at; (b) is not personalty obligated to pay the sumo secured by this Security Instrument; said (c) agrees that Lender and any outer Borrower can agree to extend, modify, forbear or snake any aacaaunodattans 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 Intareist of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Leader, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instruoicat unless Leader agraw to such release in writing. The covawAus and agrectocats of this Security Instrument shall bind (exoW as provided In Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in commotion with Borrower' a dethult, for the purpose of protecting Lewder s Interest in the Property and rights under this Security Insuwnent, including, but not limited to, attarnayys' foes, property inspection and valuation fens. In regard to any other fees, the absence of express authority in this Security Instrument to charge a gncific fee to Borrower shalt not be construed as a prohibition on the charging of such fee Leader may not charge feeets that are cxpressly prohibited by this Security hnstr anent or by Applicable Law. If the Loan is subject to a law which sets modmum Iota 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 tho permitted limits, their (a) any ouch loan charge shall be reduced by the amount necessary to reduce the; charge to the permitted lirnih and (b) any sums already collected from Borrower which exceeded permitted limits will be rafimded 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 t barge (vhc&w or not a prepayment charge= is provided for under the Wow). Borrower's acceptance of any such refund node by direct payment to Borrower will constitute a waiver of airy right of action Boo v%w might have raising out of garde ovacbarge. 15. Notices. All notices given by Borower or Lender in Connexion with tbis Security butrument must be in wriring. Any notice to Borrower in coumcetion with this Security Is t shall bo deemed to 1136984 t •nA(PA) p,6*).q t FW* r+ of 18 w1da fan 3034 1101 " "PG4 ?J•' 07-07-' 09 14:02 FROM- T-447 P0021/0034 F-493 have been given to Borrower wham 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 requirwt otherwise. The notice address shall he the Property Address" unless Dmowar ]tats designated a substitute notice address by notice to I.ender. Sorrowe r shall promptly notify Lender of Borrower's change of address. If Lander specifies a procedure for reporting Borrower' s change of address. then Borrower shall only report a change of address thorough tbat specified procedure. There may be only one designated notice address under this Seeudry Instrument at my one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Landexe s address stated herein ualoss Leader leas designated another aeddrou by notice to Borrower. Any notice m connection with this Security Instrument slurs net be detsnted to haw been given to Undw until actually received by Le+adw. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will u4sfy the corresponding requirement under this Security Instrument. 16. Govasing Law; Severability; Rules of ConatructiwL This Security Instrument shall be governed by foderal law and the law of the jurisdiction k 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 explioidy or implicitly allow the pages to agree by contract Or it might be silent, but such silence shall not be construed as a prohibipgp agaiust agreement by coo act. In the event that any provision or clause of this Security Instrument or the Note con1licts with Applicable Law, saeh conflict aW not affect other provisiow of this Security Instrument or the Note, which can be given effect without die conflicting provision. Aar used in this Security Instrument: (a) words of the masculine guarder shall moan and include corresponding :[tatter words or words of the feminine garden; (b) words in the singulw shall mean and include; du plural and vice versa: and (o) 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. 18. Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section 18, "Interest in the PropeM" weens W legal or benefcid intrcat in the Property, ineludi»g, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, insullmout sales contract or escrow agrexaocnt, the intent of which is the transfier of title by Bocrowu at a Cut= date to a purchaser. If all or any part of the Property or any Interest in the Propaty is sold or Rene red (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Undw may require immediate payment in full of All sauna socured by this Seourity Instrwoent. However, this option shall not be oxorciwA by Lender if such exercise is probibited by Applicable Law. If Lender exercises this option. Lender shall give Borrower notice of acceleration. The notice shell provide a period of not less than 30 days from the date the notice is given in accordance with Section 13 wirldn which $orrower taust pay all stuns swared by this Security Instrument. If Borrower fails to pay these sums prior to the w4uration of this period, Lender may involve any ramedies permitted by this Saeurity Instrument without f niber notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acrel araNoo. If Borrower mwm oertain 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 dais Security hastrument; (b) such other period as Applicable Law might spes ify for the Nation of Borrower's right to reinstaf-4 or (C) entry of a judgment enforciu this Security Inatrnmout. Those coudidions are that Borrower: (a) pays Lender all arms which then would be due under ilia Security Instrument and the Note as if no acceleration bad occurred; (b) autos any default of any other covenants or 1136404 ??/ Wu.b: W A9V -6A(PA) (Osoe).ot Paope 12 d to Farm SOaO Vol 07-07-'09 14:03 FROM- T-447 P0022/0034 F-493 agreements; (o) pays all expenses incurred in onforeing this Security limrpmwht, including, but not limited to, reasonable attorneys' figs, property inspection and valuation fees, and other lees incnrre d for the purpose of protecting Landee s interest in the Property and rights uoft "a Security Instramest; and (d) Wm attch action as Leader may reasonably requim to assure than Lender' a interest in the Propaty and rights under this Security Instrument, and Botrowees obligation to pay the sums stowed by this Security Instrument, shall continue unchanged. Lender may require else XWrower pay such reimst*ment sums and expenses in one or more of the fallowing forms, 46 seleobed by Lemdar: (a) cash; (b) stoney order; (c) certified thee3G baudc cheek, treasurer's check or cashier's che*, provided any such check is drawn upon an institution whose deposdts are insured by a federal agemey, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this 9ocsuity Instrument and obligations sxured hereby shall remain folly effective as if no acceleration had occurred. However, this right to reinstate shell not apply in the case ofacceleration under Section 18. 20. Sale of Note; Change of Loam Servieer; Nadee of Girlevauoe, The Nola or a partial interest in the Note (together with this Security instrument) can be sold ore or more tines without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Serviee ) that colleens Periodic Payment` due under die Note and this Security T moment and performs other mortgage loan servicing obligations under the Note, this Security luttument, said Applicable Law. Them also milt be one or more changes of the Loan Servicer unrelated to a sale of tho Note. It there is a change of the Loan Servicer, Borrower will be givcn written notice of the cbartge which will state tho name and address of the naw Loan Scrviw, tba address to which payment should be, made and any other information RESPA requires in connection with a notice of tronsfea' of servicing. If the Note is sold and thereafter the Lose is serviced by a Loan Serviour other than the purchaser of the Note; the mortgage toast Ammons obligations to Borrower will reonain with the Loan, Servietr or be transferred to a successor Loan Sarviecr and are not asntcmcd by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may cotnrnence, join, or be joined to my judicial action (as either an fn&vidual litipw or the member of a class) that arises from the other patty's actions pursuant to this Seaarity Ithstrwment or that alleges that the other patty has breached any provision of, or aRy duty owed by reason of; this Security Instrument, rmtrl sash Bommar or Landes has notified the other party (with such notice given in compliance with the mquirements of Section 15) of such alleged breach and afforded the other party berete a reasonable period after the giving of such notice to take corrective action, if Applicable Law provides a time period which trust elapse befmc certain action cad be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of wocleration and opporonity to cure given to Borrower pum mt to Section 22 and the notice of acceleration given to Borrower pursuant to Seethe 18 shall be deemed to satisfy rho ntitim and opportunity to take corrective action provisions of tins Section 20. 2L Haitardous Substances. As used iu this Section 21: (a) "Haut tom Salicumtxs" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasolbme, kerosene, other flammable or toxic petroletmt products„ toxic peltieides and berbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Eavirom:rcutat Law" means federal laws acid laws of the jurisdiction whale the Property is located that relate to health, safety or environrncntal protection; (c) "Etty? Ckenup" includes, any response &ctitnl, remedial action, of removal action, as defined in Environmental Law; and (d) an "F,avironmeantal Condition" means a rendition that can cause, contribute to, or otherwise trigger an l;ttviroamental Cleanup, 1136$$4 4 Mutsu -GA(a"A) tasoaf•a. >+,qe t a er is Fotat SOSB 7lot 07-07-'09 14:03 FROM- T-447 P0023/0034 F-493 Bormwcr shall not muse 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. Uorrower shall not do, nor allow anyone else to do, anythint.affeoting the Property (a) that is in violation of any Environmental Law, ) which creator an Stlvlxoamental Condition, or (e) which due to the presentee, use, or release of a Hazardous Substance, creates a condition that adversely atfam" the value of tree P7021-11 The preoeding two sentences shall not apply to the presence, use. or storage ore rho P? quantities of Razardous Substances that are generally re cognised to be appropriate: to residential uses and to maintenance of the Property (including, but not limited to, hazardous substances In consumer pmdued). Borrower shall promptly give Lender written notice of (a) any invetat4*ion. claim, demand, lawsuit or other action by any govnromental or rogulatory agency or private party involving tho Property and any Hamdous. Substance or Environmental Law of which Borrower hag actual knowledge. (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat o£ release of any hazardous Substance. and (e) any aoriMton oaused by the presence, use or release of a Hazardous Substanoe which advaidy afftcts the value; of the Property. if Borrower learns, or is notified by any goveranua al or regulatory authority. or any private party, that racy rensoval or other semadiation ofany Hazardous Subarame afficting the property is necessary, Borrower dufffl promptly take all nacesaary retmndial actions in accordance with Environmental Law. Nothing herein shall create any obligation an Lender for an Eavirona mtel Cleanup, NON-UNKFORM COVENANTS. Borrower and Lender ftulher covenant and agree as follows: 22. Acceleration; Remexllov. Loader shall give notice to Uorrower prior to acceleration foltowbW HorrovrWs broach of any covenant or agreement in this Security lfn &Mesnt (but not prior to accesletatian ultrder SecOm 18 unless AppBgable Law provtdes otkorwiw), Lander shall notify BerCeWgr at, among eithrt thtags: (a) flee default-, (h) tike aadea requited to Cure the default; (c) when tit! dafattlt otter {te cured; [tl) that tadiare to Cate the defaait as apecBled may result in acceleratiioa of rite sums seeurati br this Seeear3ty instrument, foredesere by ju&cIs proceeding and tale of the Property. i.eiedrs shall urtlter inform lgortvwer of the right to reinstate after acceleration and the right te? amen in fire toredeesn?rt proreetIInt the n+ait stemee of a default or any other dedemse of Borre»vrs t0 A4CeSderattpg A7td forceletsttre. Yt tiro default is not cured as specified, Lender at fta option msty regtdra imsmediate pstyntomt is fail of all atmts rocmrad by this Security instrument without farther demaml sad may for^eeiase this 3ecttrtty lasbrt # by Ju MdA proexeeding, header sbsU be entitled to collect ail nVemaes incurred In pursues the rame?es provide i in this Section 22, fadadditnMg, bet not idsnited to, attorneys' fees and costs of titre evidence to fire extent permltte. by Appliable Law. 23. Release. Upon paymatet of all sums secured by this Security lutrutme nt, than Security Bent and the estate oonv4vd shall terminate and bocosaes void. Aflesr such murrence, Leader shall discharge and satisfy this Setcutity Instrument. Borrower shall pay an recordation oosts, Leaden- may charge Borrower a fee for releasing this Security lnststwttststt, but only if the &o 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 cement permitted by Applicable Law, waives and releases any error or dc&= in proceedings to enforce this Security instrument, end hereby waives the benefit of any present or ?rvlaws boweattiad providing &r stay of execution, extension of time, earcmpiion tcbm attachment, lorry and sale, 25. Arm )Perlo& Borrower's time to reinstate provided is Section 19 shall extend to one to the von monaement of bidding at a sheriff` a sale or other sale pursuant to this Security hour prior instrument. 26. Purchmse Money Martgage. If any of the debt secured b this Security Instrument is lent to Boftower to acquire title to the Property. this Security Instrument shall be a pntrchm tnon cy Wort age, 27. interest Rate After Judgment. Borrower agrees that the interest sate payable after a judgment is teetered on the NOW near in An action of mortgage foreclosure shall be the raft payable fiom time to time under the Note. 1136904 -6A(PA? tersasta+ IMI$ r,n POO 14 of 16 r? Faro 3430 i!4 t 07-07-'09 14:03 FIROM- T-447 P0024/0034 F-493 BY $lGMNG BeWW. Borrower acomm and agrees to the terms and covenants owtaiaed is this Security ftew=cat and is any Ridcr a cccnted by Borrower and recorded with it Witnesses, Timothy r. Straub Borrowx - (Seal) -Hocrowet - (Seal) -Borrower .__ / - (Scal) lvin iPillii?ars. III -Borrower 113698# ft"Mospawi -(Sea) -Borrowrr nve 15 Of it _ (Seel) -Borrower -() 4kzmwar (Seal) -Borrower Form 3039 110i f K f 984` IT14 2 07-07-'99 14:03 FM- COMMONWEALTH OlP ?F111PYSVLVA11 vL. on this, the & y Of ??f4?!yC//j' undersigned officer, personally wed Ti thy r. t raub Calvin W. Williams, III T-447 P0025/0034 F-493 County m- , before nw, the known to me (or satisfactorily proven) to be the porson(s) whose name(s) ivare subscribed to the withirs instnimeut and acknowledged that Wshelthey exmutezl the sambe for the purposes herein contained. IN WITNESS WHEREOF, r hereunto set my hand and official seal. My Commission Expires; SEAL mmw AprI 1"?tte Cer 1mid the 1:4 address of tha" 'th d M , & Eby certify that Dtt$eagCt is P. 0, Box 20245, Flint, MI 49501-2026. Witness nay lu1Ad this 26:1n day of Jm=nry, 2007 1136984 1 4ft-OA(PA) mul.of Pace 18 of Is Agee[ of IVMartgagm ke"m Forst SOS9 1101 K1 9'44=43 07-07-'09 14:03 FROM- T-447 P0026/0034 F-493 A)DJUSTA,BLE RATE RIDER to See~ndty 1=6n =t _ (mOR 6 Month wax - As ftbllshed In 7Yree 1Paff Sir,e& Jeowd - Rate Cap$) (To Be Reoorded Together with Security last uuwa) THIS ADJUSTABLE RATE RIDER is made We 26th day of January, 2W and inoorgorRted into and shall be damned to amend and saWement the M ge Doed of Trust or Sectuity Deed (tbe "Security Instrun mttl of the same data given by the mnda signed I' orrowee) to secure Botrowces Adjustable Rate Note (tho "Note") to EguiFirst Corporation (the "Lander") of the same date and covering the property described in the Security Inmurnent and Iocatad at: 29()4 Mw tet Street, Camp Hill, PA 17411 (property oddness) TOR NOTE CONTAINS PROVISIONS ALLOWING FOR CRANGES IN TB$ INTKJMST RATE AND BORROWSM THK MONTHLY THE INT CAN CHANCEEAATNTANY ONE TINT . AND T ARE ?nVi AND MI?iTiVYLM RATER)OT THE RATE BOPMONM MUST FAY. ADDMONAL COVENANTS. In addition to the covenants and agreemcnts made in the Scciuity lastrument, Borrower and Landis Anther covenant and auto as follows: A. INTEREST RATE AND MONTINL'Y PAYMENT CHANGES The Note provides far an initial inuwcat rate of 6.950 %. The Note provides for changrss in the interest rate and tbn mouxhly payment as follows-. (A) Change Dates The interest rata I will pay may change ore February 1, 2012 and on that day every Sixth month thereafter. Each date on which my interest rate could change is oalled a "Change (S) The Index Segianing with the first Change Date, ray interest rate will be based on an Index. The "hWex" is the average of interbank offtrt+ed rates for six-month U.S. dollar-denaminatcd deposits in the London market ("LIBOR'), as published in The Wall Street J'ournaC The most recent index figoae available as of the t business day of the memth immediately preceding the month is which the Change Date occurs is the "Current iaeiex." If the Index is no longer available, the Now Holder will choose s new index that is based upon. comparable informalion. The Note Holder will give me notice of this cbaicc. (0 Calctdatinn of Changes Before as& Change Date, The NOW Holder will calculate my new interest rate by adding 4,569 perceaatap points (4.560 %) to the Curtest Index_ The Not* Holder will then round the result of this addition to the ne u=t one-eighth of one percentage point (0.17.5`14 Subject to the limits stand in section 4(1) below, this rounded amount will be my interest rate uatnl the next Change Date. The Nots Bolder will them determine the amount of the monthly payment that would be sa&ieut to repay the unpaid principal that I am expected to awe at the Change Date in lull on the Maturity Date at my new itKmrst rate in substendany equal payments. The result of this calculation will be the new amount of my mantiuly payment. (D) Limits tn. itttarest Rate Changes The interest rate I art required to pay at the first Change Date will not be greater titan 9.950% or lase than 6.95011a , Thereafter, my huarest rate will wv+rr be increased or decreased on any singte, Cl?angc Date by uwre than one per,t t point(s) (1.00%) the rate of iuterait I have been leas than the Witial interest st c proviidMed for innS Section 2 0 never be ibis Note-eater then 12.950 % or 1136984 E"611 XAM Page i of 2 07-07-`09 14,03 FRM- T-447 P0027/0034 F-493 ( Effective Date of Changes My new intent rate will became afCtive On each ChVW I08ta I wig pay the amount of my now mvntbly payment begiming on the first moatlily payment date after tM Grange Date until the amount of my monthly payment changes sgain. (F) Notice of Chong" The Note Holder will deliver or mail to me a notioe of any changes in my new interest rate and. the amount of my monthly payment before the effective date of any change. The notice will inchWe information regstired by law to be given me and also tine title add telephOtre number of a person who will answer any question I may have regarding the notice. B. M4NSFER. OF THE PROPERTY OR A BENEFICIAL MTB,12ST IN BORROWER Uniform Covaaant 17 of the Security Instrument is amended to read as follows: Transfer of Prop" or a Rvaefioiutl interest in Borrower. If all or any part of the Property or any interest in it is sold or transfeerred (or if a beneficial i ntoresr in Borrower is sold or unnsfttred and Borrower is not a natural person), wiftut Leader`s prior written consea , Lender may, at its option, require immediate payment in fnll of all Scans secured b tots. Security Irrstrm==t. Kowaver, this option cball not be eauuoised by Linder if exercise is prohibited by federal law as of the date of this Security Instramant. Leader also shall not exercise this option if' (a) Bortwwar causes to be submitted to Lander information tcquk ed by Leader to w aluate the intended t ransferoe as if a new loan were being made to the transferee: and (b) Lender reasonably deterro#tes that Lendar's security will not be impaired by the loasx assumption artd that the risk of a breach of any covenant Or agroement in this Securrity Iesttument is acceptable tc Lender. To tits extcrut permitted by applicable law, Lender may, charge a reasonable fee as a condition to Loader's eoastnt W the Iola assumption. Lender may also require the transferee to sign an assumption agreesaent that is acceptabk to ceder and that obggates Uo the transferee to keep all the pwraises and agrroemeats made in ilte Alote and in the 5ecurEty Ioatrumexit Bo?erower will canamua to be obligated under 'die Note and this Sec?ui?y Ireatrttmeult unless Lender releases Burrower in writing. If Lender catercbes the Option to require iuanctlim payment in full, Lender shall give Borrower notice of acederafion. The notice shall provide a period of not less than 30 days f esn the date the notice is deli'verred or nttailed within which Borrower must pay all sums secured by this Security humment. If Borrower fails to pay these arms prior to the expiration of this period, Lender may invoke any remedies permitted by this Security In busent without frrrtheer notice or demand on Borrower. BY SIGNING 13UDW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. Catvia W. w i M% I("2i Page 2 of 2 agi %1it 5 07-07-'09 14:04 FAOM- 'f-447 P0028/0034 F-493 AMSTABLE RATE INTEREST RATE FLOOR & PREPAYMENT PENALTY Rider to Security Instrument (To Be Recorded Together with Seataity Instrument) This ADJUSTABLE MEMT RATE FLOOR & PREPAYMENT PENALTY RIDER (he Mider") is made this 26th day of January, 2007, and atuari the M, Deed of Tnxst or Security Deed (tine "Security Lutnuneut") daWd the soma date and given by the wbo signs bolow (the "vcrbwes(s)'7 m F?quiEiTst Carpotatioa (the "Loader") to aacure phe amount of U.S. S 204,100.00. In addition to the agreements and provisions made in the Now, and the Security' Instrument, and notwithstan&0 any provisions to the c ontrsay contained in said Note or the Security Instrani eflt, bath the Borrower(s) Sad the Leader fuxther agree as follows ADJUSTABLE INTEREST HATE FLOOR This loan has an Interest Rate "]Floor" wirioh will limit iht ataormt the bxi rest Rate can docreaw. Regardless of any changes in the index, the Inter*at Rate during the tam of this loan wlU never be lest than the initial Interest Rate provided for in Section 2 of the Notc. PP"AY124T PENALTY In the event, during the first 3 years after the eutecution of this Now, I make a prepayment and the pr eyayment Cxoaeda twenty percent (20%) of the original principal amount of the loan in any wove (12) monde period, I will pay a ayment charge is an amount equal to Six (6) months' advanm interest on the amoWtt prepaid which is is occess or twenty percent (20"/0) of the original priacipal mown of the loan wi&k the twelve (12) month period. Tim Nola Holder will not assess a prepayniant penalty after the 3rd anniversary of &a data of execution of this Note. rlmothy ?. Calvin W. W7liams, in ."n CV,102) 1136984 iTi'T ON 07-07-`09 14;04 FROM- T-447 P0029/0034 F-493 1-4 FAMILY RIDER (Assignment of Rents) HIS 1-4 FAMILY RIDER is made this 76th day of dauu&ry, 2001 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the sane date given by the undersigned (the "8orrowee) to secure Borrower's We to mauisirat eorporatiaan (the "Lender") of the some date and covering the property described in the Security Instrument and located 8t: 2904 bdarket otvoat, Camp Kill, PA 17011 [Property Address] 14 FAMILY COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and tender further covenant and agree as follows, A. ADDITIONAL PROKRW $UWWT TO THE SECUMTY iNSTRIJMENT. In addition to the Property described in the Security instrument, the following items now or hereafter attached to the Property to the extent they we fixtures are added to the Property description, and shall also constitute the Property severed by the Security Instrument. building materials, appliances and goods of every nature whatsoever now or hereafter located in. on, or used. or intended to be used In connection with the Property, including, but not limited to, those for the purposes o€ su?'iY' ng or distributing heating, cooling, electricity, gas, water, alt and lig1t, fire prevention and h psecurity d atscess controlappa rates, plumbing, ath tubswater tt?s, water closets, sisecc ranges, stoves, refrigerators, dimt?washers, disposals, washers, drye?s, awnings, storm windows, storm doors, screens, blinds, shades, curtains artd curtain rods, Ettached mirrors, cabinats, panOng and attached floor coverings, all of which, inoiuding replacements and addtttons thereto, shall be deemed to be and remain a part of the troperty covered by the Security instrument. Ali or the forVoing together with the Property described In the Security instrument (or the leasehold estate if the Security Instrument is on a leasehold) are referred to In this 1-4 Family hider and the Security Instrument as the `Property." B. USE OF FWPERTY; COMPLIANCE WITH LAW. Borrower shall not soft, agree to or make a change In the use of the Property or its zoning classifhantion, unless tender has agreed in writing to the change. Borrower shall comply with all laws, ordinanoes. regulations and requirements of any governmental body applicable to the Property. C. SUBOFWINATE UENS. Exoept as permitted by federal law, borrower shall not allow any lion inferlor to the Security Instrument to be perfected against the R•operty without Lender's prior written permission. D. IGNT LOSS INSURANCE Borrower shell maintain insurance against rent loss in addition to the other hazards for which insurance is required by Section d. 1136 964 MULTISTATE 1- 4 FAMILY MDER - Fannie Maelftodala Mac UNIFOI Nt INSTRLOA84T Form 3170 1101 Wolters Kluwer Financial Services VMPe-5TR (0411 j.01 Page 1 of 3 . nitials:Le W-,I "k-P64-1 4.7 07-07-'09 14:04 FROM- T-447 P0030/0034 F-493 E. "BORROWERS RIGHT TO RMNSTATI? DEWU'ED. Section 19 is deleted. F. 13OARDWWS OCCUPANCY. Unless Lender and Borrower otherwise agree In writing. Section 8 concerning Borrower's occupancy of the Property is deleted. G. ASSIGNMENT OF LEASBS, Upon Land 's r est after default, Borrower shall assign to Lender all leases of the Property and all security drposits made in connection with lasses of the Property. Upon the assignment. Lender shall have the right to modify, extend or terminate the existing leases and to execute new leases, In Lender's sole discretion. As used in this paragraph G, the word "lease" shall mean "sublease" if the Security Instrument is on a leasehold. H. ASSIGNMENT OF RENTS; APPOINTMENT OF RBCEIVER: LENDER IN StON. Borrower absolutely and unconditionally assigns and transfers to Lender all the tents and revenues ("Rents") of the Property, regardless of to whom the Rents of the Property are payable. Borrower authorizes Lender or Lander's agents to collect the Rents, and agrees that each tenant of the Property shall pay the Rents to Lender or Lender`s agents. However, Borrower shall receive the Rents uritil: (1) Lender has iven Borrower notice of default pursuant to Section 22 of the Security Instrument, and a) tender has given notice to the tanant(s) that the Rents are to be paid to Lender or Lender s agent. This aissiRnment of Rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of default to Borrower: 0) all Rents received by Borrower shall be held by Borrower as trustee for the benefit of Lender only, to be applied to the sums secured by the Security Instrument: (ii) Lander shall be entitled to collect and receive all of the Renta of the Property, (id) Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to .ender or Lender's agents upon Lender's written demand to the tenant; (iv) unless applicable law provides otherwise, all Rents ctollected by lender or L.ender's• agents shall be applied first to the costs of taking control of and managing the Property and collecting the Rents, Including, but not limited to, attorney's fees, reoerver's fees, premiums on receiver's bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges on the Property, and then to the sums secured b the Security Instrument; (v) Lender, L7der' s agents or anydjudicial appointed receiver shall be Habte to account for only those tts aoct uallyreceive vi) Lender shall be entitled to have a receiver dperpvred ffrotm the pPro tyiowithou any showing as perty therinaddeeglu W the Rents and pits of the Pro yeas security. If the Enema of the Property are not sufficient to cover the costs of taking control of and managing the Property an of collecting the Rents any funds expended by Umder for such purposes shall become Indebtedness of Borrower to Lender secured by the Security instrument pursuant to Section 9. Borrower represents and warrants that Borrower has not executed any prior assignment of the Rents and has not performed, and wal not perform, any act that would prevent Lander from exercising its rights under this pualdparoXype.;rtpy hLender. or Lender's agents or a t pointed receiver, shall not be required to enter upon, take control of or maiintain before or after giving notice of default to Borrower. However, Lender, or Lender's agents or a judicictty appointed receiver, may do so at an time when a default occurs. Any application of Rents shall not cure or waive any default or invalidate any other right of remedy of Lender. This assignment of Pants of the Property shall terminate when all the sums secured by the Security Instrument are paid in full. 1. CRO984XFAULT PROVISION. Borrower's default or txeach under any note or agreement In which Lender has are interest shall be a breach under the Security Instrument and Lender may Invoke any of the remedies permitted by the Security Instrument. 1136484 VMPe-5TR(0411).01 Initials,A/ Page 2 of 3 O1 70 1101 (4914 t•fre 07-07-'09 14:04 FROM- BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained In this 14 Family Mar. Timothy 1f-. Str*ub -borrower (Seal ? -Borrower (seas) -Borrower i (seal) Calvin W. Williams, IXT -Borrower !236984 V AA P 0.57R (0411)_01 Page 3 of 3 'T-447 P0031}0034 F-493 _ (Seal) -Borrower (Seal) -Borrower - (sew) -Borrower (Seel) -Borrower Form 3170 1101 07-07-`09 14;04 FROM- T-447 P003210034 F-493 SCHEDULE C Legal ©eacrlpttan Commitrrtent Number, GFkW1142RE1= ALL THAT CERTAIN piece or parcel of land situate of the Borough of camp Hil, Cumberland County, Pennsylvania, bounded and described as follows, to wit BEGINNING at a point in the northern line of Market Street one hundred fifty (150) feet east of the northeast corner of the intersection of Market and North W ft Streets; thence northwardly along lands now or late of Char4es H. Ward two hundred (200) feat to a quint in the southern line of a Twenty (20) feet wide Aley; thence eastwardly along the southern line of said Twenty (20) feet wide Alley fifty (50) feet to a point; thence soudwrardly along lands now or We of Frank H. Walker two hundred (200) feet to a point in the northern line of Market Street; thence westwardly along the northern line of Market Street; fifty (50) feet to a point, the place of BEGINNING, HAVING thereon erected a two and one-half story brick dwelling, with garage attached, known as No. 2904 Market Street. TOGETHER with all right, title and interest in and for the use of a private driveway extending northwardiy from the northern line of Market Street 74 feet 6 inches at a width of 14 feet 3 inches and extending thenoe northwardly 30 feet more or less, at a width increasing from 14 feet 3 inures to 32 feet at the northern terminus thereof, signed by agreement recorded in the Cumberland County Recorder's Office in Miscellaneous Book 73, Page 141. I Certify foie to be recorded In Cumbefland County PA 1 Recorder of Reeds ??'??!S'Y'EWART TYTY..E .ADJUSTABLE RATE NOTE MIN 100200100113698413 (LIBOR Index -Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT, THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONETIME AND THE MAXIMUM AND MINIMUM RATE I MUST PAY. January 26, 2007 Camp Hill PA (Date) (City) (State) 2904 Market Street, Camp Hill, PA 17011 (Property Address) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. S 209,100.00 (this amount is called "principal"), plus interest, to the order of the Lender- The Lender is EquiFirst Corporation . I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Mote by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 6.950 %. The interest rate I will pay may change in accordance with Section 4 of the Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month- 1 will make my monthly payments on the 1st day of each month beginning on March 1, 2007 1 will make these payments every month until 1 have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before principal. If on February 1, 2037 , 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 EquiFirst Corporation , 500 Forest Point Circle, Charlotte, NC 28273 or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. S 1,384.14 . This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. Multistate Adjustable Rate Note-Libor Index EF815N (2/00) (Pennsylvania Version) Loan Number 1136984 Page 1 of 4 Initia 4. INTEREST RATE AND MOHLY PAYMENT CHANGES • (A) Change Dates The interest rate 1 will pay may change on February I, 2012, and on that day every sixth month thereafter. Each date on which my interest rate could change is called a "Change Date." (8) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index". If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding 4.560 percentage points ( 4.560 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate 1 am required to pay at the first Change Date will not be greater than 9.950% or less than 6.950 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one percentage point (1.0001/6) from the rate of interest I have been paying for the preceding six months. My interest rate will never be greater than 12.950% or less than the initial interest rate provided for in Section 2 of this Note. (E) Effective Date of Change My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by lacy to be given me and also the title and telephone number of a person who will answer any question 1 may have regarding the notice. 5. BORROWER RIGHT TO PREPAY (A) Prepayment I have the right to make payments 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 I am doing so. 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. My partial prepayment may reduce the amount of my monthly payments after the first Change Date following my partial prepayment. However, any reduction due to my partial prepayment may be offset by an interest rate increase. (B) Prepayment Penalty In the event, during the first 3 years after the execution of this Note, i make a prepayment and the prepayment exceeds twenty percent (201/6) of the original principal amount of the loan in any twelve (12) month period, I will pay a prepayment charge in an amount equal to six (6) months' advance interest on the amount prepaid which is in excess of twenty percent (201/6) of the original principal amount of the loan within the twelve (12) month period. The Note Holder will not assess a prepayment penalty after the 3rd anniversary of the date of execution of this Note. EF815N Loan Number 1136984 Page 2 of 4 Initials 6. LOAN CHARGES If a law, which applies to is loan and which sets maximum loan charges, qisnally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit: and (ii) 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. 7. 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 5.00 % of my overdue payment of principal and interest. I will pay this late charge but only once on each late payment. (B) Default If I 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 a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been 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 Costs and Expenses If the Note Holder has required me to pay in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by 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 if I am given a notice of that different address. 9. 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 a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all ofus together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. 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. EF815N Loan Number. 1136984 Page 3 of 4 Initia 11. UNIFORM SECURED N4,@ This Note is a uniform ins ment with limited variations in some}urisdictions. 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 that I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Benefrclai Interest in Borrower.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 Lendefs prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by Applicable Law. Lender also shall not exercise this option it (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less 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" Timothy F. Straub -Borrower (Seal) -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower EF81SN (11/06) Loan Number 1136984 Page 4 of 4 • s 1-4 FAMILY RIDER (Assignment of Rents) THIS 1-4 FAMILY RIDER is made this 26th day of January, 2007 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to SquiFirst corporation (the "Lender") of the same date and covering the Property described in the Security instrument and located at: 2904 Market street, Camp Hill, PA 17011 [Property Address] 1-4 FAMILY COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. In addition to the Property described in the Security Instrument, the following items now or hereafter attached to the Property to the extent they are fixtures are added to the Property description, and shall also constitute the Property covered by the Security Instrument: building materials, appliances and goods of every nature whatsoever now or hereafter located in, on, or used, or intended to be used in connection with the Property, including, but not limited to, those for the purposes of supplying or distributing heating, cooling, electricity, gas, water, air and light, fire prevention and extinguishing apparatus, security and access control apparatus, plumbing, bath tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and curtain rods, attached mirrors, cabinets, paneling and attached floor coverings, all of which; including replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by the Security Instrument. All of the foregoing together with the Property described in the Security Instrument (or the leasehold estate if the Security Instrument is on a leasehold) are referred to in this 1-4 Family Rider and the Security Instrument as the "Property." B, USE OF PROPERTY; COMPUANCE WITH LAW. Borrower shall not seek, agree to or make a change in the use of the Property or its zoning classification, unless Lender has agreed in writing to the change. Borrower shall comply with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property. C. SUBORDINATE LIENS. Except as permitted by federal law, Borrower shall not allow any lien inferior to the Security Instrument to be perfected against the Property without Lender's prior written permission. D. RENT LOSS INSURANCE Borrower shall maintain insurance against rent loss in addition to the other hazards for which insurance is required by Section 5. 1136984 MULTISTATE 1- 4 FAMILY 14DER- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3170 1101 Wolters Kluwer Financial Services VMPe-57R(0411).01 Page 1 of 3 Initialst1?---,? 0 • E "BORROWER'S RIGHT TO REINSTATE' DELETED. Section 19 is deleted. F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in writing, Section 6 concerning Borrower's occupancy of the Property is deleted. G. ASSIGNMENT OF LEASES. Upon Lender's request after default, Borrower shall assign to Lender all leases of the Property and all security deposits made in connection with leases of the Property. Upon the assignment, Lender shall have the right to modify, extend or terminate the existing leases and to execute new leases, in Lender's sole discretion. As used in this paragraph G. the word "lease" shall mean "sublease" if the Security instrument is on a leasehold. H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and revenues ("Rents") of the Property, regardless of to whom the Rents of the Property are payable. Borrower authorizes Lender or Lender's agents to collect the Rents, and agrees that each tenant of the Property shall pay the Rents to Lender or Lender's agents. However, Borrower shall receive the Rents until: (i) Lender has given Borrower notice of default pursuant to Section 22 of the Security Instrument, and iH) Lender has given notice to the tenant(s) that the Rents are to be paid to Lender or Lender s agent. This assignment of Rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of default to Borrower: (i) all Rents received by Borrower shall be held by Borrower as trustee for the benefit of Lender only, to be applied to the sums secured J the Security Instrument; (ii) Lender shall be entitled to collect and receive all of the Rents the Property; (iii) Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender or Lender's agents upon Lender's written demand to the tenant; (iv) unless applicable law provides otherwise, all Rents collected by Lender or Lender's--agents shalt be applied first to the costs of taking control of and managing the Property and collecting the Rents, including, but not limited to, attorney's fees, receiver's fees, premiums on receiver's bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges on the Property, and then to the sums secured by the Security Instrument; (v) Lender, Lender's agents or any udicially appointed receiver shall be liable to account for only those Rents actually receive; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and profits derived from the Property without any showing as to the inadequacy of the Property as security. if the Rents of the Property are not sufficient to cover the costs of taking control of and managing the Property and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by the Security instrument pursuant to Section 9. Borrower represents and warrants that Borrower has not executed any prior assignment of the Rents and has not performed, and will not perform, any act that would prevent Lender from exercising its rights under this paragraph. Lender, or Lender's agents or a 'udicially appointed receiver, shall not be required to enter upon, take control of or maintain ?he Property before or after giving notice of default to Borrower. However, Lender, or Lender's agents or a judicially appointed receiver, may do so at an time when a default occurs. Any application of Rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of Rents of the Property shall terminate when all the sums secured by the Security Instrument are paid in full. 1. CROSS-DEFAULT PROVISION. Borrower's default or breach under any note or agreement in which Lender has an interest shall be a breach under the Security Instrument and Lender may invoke any of the remedies permitted by the Security Instrument. 1136984 Initials:A' VMPe-5711 (0411).01 Page 2 of 3 Form 170 1101 9 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this 1-4 Family Rider. Timothy Pr Straub -Borrow er _ (Seal) -Borrow er - (Seal) -Borrower jAd? ,::o Seal Calvin W. Williams, xzx -Borrower 1136984 VMP®-57R(0411).01 Page 3 of 3 - (Seal) -Borrower (Seal) -Borrower -(Seal) -Borrower -(Seal) -Borrower Form 3170 1101 C-?,-?) .v -r- Fffll:Q tl gin! 2109 JUL 22 AM 11 *- 15 FBN i•?YI?VIt ?ii? ?J ?1-0 Oj Sheriffs Office of Cumberland County R Thomas Kline Sheri Ronny R Anderson Chief Deputy i° Jody S Smith Civil Process Sergeant c IcE OF ',E $",ERIFF Edward L Schorpp Solicitor ;L a 200 AUO' , Fr- US 3 12 A" ": 16 Bank National Association vs. Timothy Straub SHERIFF'S RETURN OF SERVICE Case Number 2009-4929 07/24/2009 01:20 PM - Jason Vioral, Corporal, who being duly sworn according to law, states that on July 24, 2009 at 1320 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Timothy Straub, by making known unto himself personally, defendant at 157 South 32nd Street Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. 08/05/2009 12:26 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on August 5, 2009 at 1225 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Calvin W. Williams III, by making known unto himself personally, defendant at 157 S. 32nd Street Camp Hill, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $71.00 August 06, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF -A 1'? . - Deputy Sheritf/ De ty heriff MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff U.S. Bank National Association as Trustee COURT OF COMMON PLEAS under Pooling and Servicing Agreement CUMBERLAND COUNTY dated as of May 1, 2007 MASTR Asset- Backed Securities Trust 2007-HE1 Mortgage Pass-Through Certificates, Series 2007-HE1 No.: 09-4929 Civil Term 4837 Watt Avenue, Suite 100 No. Highlands, CA 95660, Plaintiff, Vs. Timothy F. Straub 157 South 32nd Street Camp Hill, PA 17011, and Calvin W. Williams, III 157 South 32nd Street Camp Hill, PA 17011, Defendants. PRAECIPE FOR JUDGMENT, INREM, FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter Judgment, in rem, in favor of Plaintiff and against Timothy F. Straub and Calvin W. Williams, III, Defendants, for failure to file an Answer on Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $215,122.58 Interest 7/22/09 through 09/08/09 1,911.00 Late Charges 138.42 Additional Corporate Advance 162.22 TOTAL $217,334.22 I hereby certify that (1) the addresses of the Plaintiff and Defendants are as shown above and (2) that notice has been given in accordance with Rule 237.1. copy attached. Mary L. Harbert-Bell, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: - a2 G09 1003770511 P OTHO f r MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of May 1, 2007 MASTR Asset- Backed Securities Trust 2007-HE1 Mortgage Pass-Through Certificates, Series 2007-HE1, Plaintiff, Vs. Timothy F. Straub and Calvin W. Williams, III, Defendants. Our file number: 55.10659 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 09-4929 Civil Term TO: Timothy F. Straub Calvin W. Williams, III 157 South 32nd Street, 157 South 32nd Street, Camp Hill, PA 17011 Camp Hill, PA 17011 DATE OF NOTICE: August 26, 2009 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 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 {00373625} Page I of 2 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 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 MILSTEAD & ASSOCIATES, LLC 041'v Mary L. Harbert-Bell, Esquire ID No. 80763 Attorney for Plaintiff {00373625} Page 2 of 2 MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 U.S. Bank National Association as Trustee Attorney for Plaintiff COURT OF COMMON PLEAS under Pooling and Servicing Agreement CUMBERLAND COUNTY dated as of May 1, 2007 MASTR Asset- Backed Securities Trust 2007-HEl Mortgage Pass-Through Certificates, Series 2007-HE1, Plaintiff, Vs. No.: 09-4929 Civil Term Timothy F. Straub, and Calvin W. Williams, III, Defendants. VERIFICATION OF NON-MILITARY SERVICE Mary L. Harbert-Bell, Esquire, hereby verifies that she is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, she has knowledge of the following facts, to wit: 1. that the defendants are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldier' and Sailors' Civil Relief Act of Congress of 1940, as amended, 2. defendant, Timothy F. Straub, is over 18 years of age and resides at 157 South 32nd Street, Camp Hill, PA 17011, 3. defendant, Calvin W. Williams, III, is over 18 years of age and resides at 157 South 32nd Street, Camp Hill, PA 17011. 4?ry. Harbert-Bell, Esquire {00377051} OF THE PROTHnNOTARY 2009SEP -9 Fri 2: 32 CUM-- q I 1 vo/aC,? ckk 6339 2?- ?- 3o377 fqditle? OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Prothonotary To: Timothy F. Straub Calvin W. Williams, III U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of May 1, 2007 MASTR Asset- Backed Securities Trust 2007-HE1 Mortgage Pass-Through Certificates, Series 2007-HE1, Plaintiff, Vs. Timothy F. Straub, and Calvin W. Williams, III, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 09-4929 Civil Term NOTICE PURSUANT TO RULE 236 Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary MORTGAGE FORECLOSURE JUDGMENT BY DEFAULT IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: MARY L. HARBERT-BELL, ESQ. #80763 MILSTEAD & ASSOCIATES, LLC 856-482-1400 Notice Pursuant To Fair Debt Collection Practices Act This is an attempt to collect a debt and any information obtained will be used for that purpose. {00377051} MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 ~tLIrG7-~<~r(CE t ~G I'HE P;~?~~ra'~,'OTARY 2010 DEB 1 1 gr~ ! ~ 2 7 CUew ~ ~ ~'41ivzTY ~~t I`,i~ ~ a`~.V,~ ~x'~~1 Attorney for Plaintiff File No. 55.10659 U.S. Bank National Association as Trustee ~ COURT OF COMMON PLEAS under Pooling and Servicing Agreement ~ CUMBERLAND COUNTY dated as of May 1, 2007 MASTR Asset- Backed Securities Trust 2007-HE1 Mortgage Pass-Through Certificates, Series 2007-HEl, ~ No.: 09-4929 Civil Term Plaintiff, Vs. Timothy F. Straub, and Calvin W. Williams, III, Defendant(s). TO THE PROTHONOTARY: Praecine to Satisfy Default Judgment and Discontinue and End Kindly Satisfy the Default Judgment filed on September 9, 2009 in the amount of $217,334.22 and Discontinue and End the above captioned Mortgage Foreclosure action without Prejudice. MILSTEAD & ASSOCIATES, LLC Mary L. arbert-Bell, Esquire Attorney ID No. 80763 {00419580}