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HomeMy WebLinkAbout09-6570SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 ILANA ZION, ESQ., ATTORNEY I.D. NO. 87137 LESLIE RASE, ESQ., ATTORNEY I.D. NO. 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036393 MTG Finance, LLC PLAINTIFF VS Margaret K. Driver 833 Old Silver Spring Road Mechanicsburg, PA 17055 DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 6? & SS -7 () C N r elm COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE RAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA D#, SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO E"WDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 ILLANA ZION, ESQ., ATTORNEY I.D. NO. 87137 LESLIE RASE, ESQ., ATTORNEY I.D. NO. 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036393 MTG Finance, LLC PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VS. Margaret K. Driver 833 Old Silver Spring Road Mechanicsburg, PA 17055 DEFENDANT NO: 69-1576 COMPLAINT IN MORTGAGE FORECLOSURE 1 Cent Plaintiff, MTG Finance, LLC, the address of which is, 1661 Worthington Road; Suite 100, P.O. Box 24737, West Palm Beach, Florida 33415, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: Mortgage Electronic Registration Systems, Inc as nominee for First NLC Financial Services LLC dba The Lending Center Mortgagor(s): Margaret K. Driver (b) Date of Mortgage: July 20, 2007 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Document ID# 200732915 Date: August 22, 2007 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assignments: Assignor: Mortgage Electronic Registration Systems, Inc as nominee for First NLC Financial Services LLC dba The Lending Center Assignee: MTG Finance, LLC 2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by virtue of the above-described Assignment(s). 3. The real property which is subject to the Mortgage is generally known as 833 Old Silver Spring Road, Mechanicsburg, Pa 17055 and is more specifically described as attached as part of Exhibit "A": 4. Each Mortgagor named in paragraph 1 executed a note as evidence of the debt secured by the Mortgage (the "Note"). A true and correct copy of the Note is attached and marked as Exhibit "B". 5. The name and mailing address of the Defendant is: Margaret K. Driver, 833 Old Silver Spring Road, Mechanicsburg, PA 17055 6. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 7. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of June 1, 2009 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 8. The following amounts are due as of September 30, 2009: Principal Balance Due $82,230.07 Interest Currently Due and Owing at 7.045% From May 1, 2009 to September 30, 2009 $29428.11 Late Charges $162.78 Escrow Advances $3,082.75 Appraisal Fees $111.00 Suspense/Unapplied Balance ($110.22) Title Search Cost $250.00 Attorney Fees & Costs of Foreclosure $4,111.50 TOTAL $92,265.99 9. Interest accrues at a per diem rate of $15.87 each day after September 30, 2009, that the debt remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other expenses, costs and charges collectible under the Note and Mortgage. 10. The attorneys' fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriffs sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. 11. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et M., was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Pursuant to the act of December 21, 1998 (P.L. 1248, No. 160) (Act 160), this Notice contains the information required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P.S. Section 403 et seq., and separate Notice of Intention to Foreclose is not required. Copies of the Notice are attached hereto as Exhibit "C". WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendant, in the amount set forth in paragraphs 8 and 9, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. Date: )(011109 SHAPIRO & DeNARDO, LLC c BY: 'Uaa Attorneys for Plaint ff S & D File No. 09-036393 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY i COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Lntremont Nember - 200732!15 R Racmded 0& 7 At 11:35:21 AM * Tout Pages - 21 Jet Type - MORTGAGE Iaroice Rmber -2762 Us" ID - MSW Mor r - DRPAM MARGARET K " 1t' er ft t$ee - MORTGAGE ELE4'rRONW REGISTRATION SXS'1'EM INC. * Cw tomw- U5 RECORDINGS INC * !'ES 11211M NUT TAX $0.50 S'1'wm JC5/ACCz22 TO JU22= $10.00 Rvee im FRlS - $43.50 F41COME t *F 0=9 i?1110011DABLE 8003MG $11.50 COUNTY ARCHIVES FlIz $2.00 ROD ANCRMS E'aR $3.00 TOTAL PAID $70.50 Certification Page D4 NOT DETACH Thk pager is mow part of this bpi document. I Certify this to be recorded in Cumberland County PA qp -.=IV; DS `- I arw*efee deeated Oj M mkwbk nq dNmp during eke yr WftR*ft ereea. and as y **t re naftaee *n tktr fie. IIIN 0 b 14 It Iq % I zc) S In bm Lg*ft KV [ttp?ae Abm'e 711b Ltae tP.. pwt, I MORTGAGE MIN. 1001lS91m"n3326 DEFINI7'1ONS %Vmb ttvcd is tatt16;& stxxiotq of tlt domnad mn deCmed below Old odter wtxdx am do final in Setxions 3, 11. 13. 18, 20 xW 21. CcsWa rules trgarding the tMe of wA tt%od io this doajnUrt we aim* providal a Sactiat ifi. (A) "SCSI iq [rattTammK" rtatsi tltla dot:trttwm. wlticb is dated JUA, 2007 A Rides 10 this dot unatt. ta?cthar with (B) "Bonume U AfARGARLT K ORIVER Domwer is the ttxn pjar Intft dur. Smmty In4tnarnera. (C) WESBr is MoAgage Etaefroait: Raptislt'Afiatt Syatenm Inc. MERS it a sqmrmw coc xx*ion that ix acb"S m dY 0 s aomtaam for Latd4,wd Lcadta', momam mod Wftm M"S tr /ate morttlyrteoa =Khr ttMts -'Wcm My futrttmmmL M MS a OrPatmpd andturfing Under the Wws of Aftwarle. W Itas an -cl& s and telephone mmbrr of P.O Box 2026, Plial. MI 40DI -2026. td. (SW 679-Nn S. (D) " A=kr" Is FOU I F&C BNANCIAL SERVKZ% L L C, DBA THE LgjjDM t&MTER Lands 14 a L RWED LUU3WTY COI1SVW OrPnimd and earatioS wkkc the laws of THE STATE OF FLORM . Lertt6 4 addretr is 4NOCONF?RETICE WAY SOUTH, BOLA RATON, FLoFmA 33431 I E) "1101+' mew* the pramspry mole Apad by Bortvvlra and dawl Ady 19, 2007 The NWo 110tc4 that Bammer owes L.a4a Swim* Fow Tilt a&W and mM00 bo9aac (U.S. S 7000.00 plies intam. Bwower has promised to pay thin 4& i» regular Paliodic 1? ) na later flan AAgpd 01, 2037 and to pay dle ddx in t`u11 (111 `"R? ummm die prapaty that is dw,-db td below under the heading 'Tnmsf'er of Rights io the Propemy_'• tC) "TAmo ' mesas the dabs cv' l- cc I by die Note. pltte il*xcm. any p "ymatl cdmgW aryl I.dc clwq--a dttr tmdcr the Natlt, and all amts due: tender thi,c Seox*y hntzurnmt, phm iskscm, PvmI%YLvMflAr•siuak Pma r-Fimwte -m-W a e Mre imr oRM aftnr Rm ITENi7A01,1 (pyt1??IG 1!'aFe / q'Jd pg..?l mQ Noe saw 71sT is00*0*I-mQ3r 4m- c gn711ii91 (H) "Redeye" MIND di Ridw to Add Security 1rtet[t2j"i that we exccmW by Bornm.ec Tltc Rrllowing Rides am to be exmutcd by Sartnwra (check ttox as applicable): Adjustable Rate Rjdca © Coudomirlk- Rider ? S=W Berne Rider ? Brdlom Rider ? Planted Unit De+C1,11,nra,a 12'det' ? Other(s) (?ifY l ? 14 Family Rider ? Biweekly Paymxn Rider (1) "AppIkOle Law- to , it all eanmAiaS applicable federal. Jmc mrd kcal naturm nalatimm araiin r'C rrtle? tdti atxlers (that have the etTecY of law) > wdl as. ll aPlrlicaMc final. nm- lc ja&-W opimioni (J) "c a?NwttlMty AaeodNoe "es, Fees, a2d " ti mm all &X& lea, mmwatx and dater chatM that are 110poSd on Bawower or the Property by a c andot>rinirrrn n.-nuloa. twrtteortmens aatociation or smiler orpabatim, (K) "lded4'VOIC Fam bt Tranrtfbta' mom any hamster of fwda. other tltart A [ransaetion crriltinitod iry check. draft. or akWw paper iaat:rrrrtptl, whiter is irti[iated d 8h as clout m c tmrnj ud. tc instrnmeftt. eexelntttr• ar n"Inetic tape so m so ardor, it+sbt kpt ar ctbdt as acoottat. Such tam ac[. a' ttttthorifc a Ftnmcisl k3lilttliart to deNbit ar bwbxks. but is mol lit[d[ed to. poimt of sek vusfem, automated [eUcr machine tram ctiorta, trans as ntk;skd by trJ*une, wife trm Wens. and aul wmtcd clQitinowse trm, (Ll '% "VOW Ucati" [Weans tkae ilam that am dm;dbod in Secdo. 3. (M) `9?oeRatteotts PrDOXW'Mcm attx COUTCwtion. Settlattetlt. sward of j S) S) fx paid by my Mad platy (ad= than i[ wnmm pl(coals paid WAIN dtr . or domp to, or dt ax;ota of. the C6Y?Eka? deacrihetl in 5axi on far (i) FmW3r, (1j) Cmie tmMien ar other to dW of an or any part d the Pcopeny. (iii) talrveyerree in lien of aasimmatttion: or (iv) f mgwcm ;ou.; of, or omisalium as to, the valor and/or aextdition of the Prvpaty. fiva tsc '" rttcane W-glff cue pratmlitt8 Larder pab„q the loanpnYmtnt of. or defatill On, the L mn. (()) "P&Wk Aar mmmt- menf a MSplatlr "' d '"Wirt dac fw (i) ilacpal N'-4c- plus (u) MY amotatta nodes SwWm 3 of thin Soa rity lu manonri, Pr and inteR,q undrrr (1,,c (P) "RF. ^" [ttcarx 14 Rtal t?O&O 5atlelftettl Pmzdura Act (12 U.S.C. ¢26ol a aocl.) lord its nnpktnattinS V%mhgon, Rqufation X (24 C.P.R, Ptttt 3300). as they [nigh be amertdod fmm time to time. or any additicmal or Aaccesw Security Ltsao[nent. ' RF,SPA" a mfm to ails abet Xwetaa the NOW mUbjecl matter, Ax toted in this nVhwomb raelric(iona that tare imPtMad in regard to a PF MTLVAN["bW* Fwmar--Pmok a Wr,,dik X,, LtMtlWMm aat77WNR,raT ITEM 27 2(wt q-? mw Ferw Jay I/81 v= i To Olbr C71C 14W4, 1.1M -; Vb179t-f 131 ..fedtrally (elated nxxtgW loan" c"M it the Lam d*m aot ender RESPA. 9MNifir as a "fcQe[ttlly related rnortgagc wm,_ (Q) "SMenow to > or gar„ my ICY that has taken tick tc) t mgt tgAt party has asstnned $ 's obAPdO F undc, the N,xc and/or aiis Scmwt } wixMer (x 7 vi?tnMgx?gt. TRANSFER OF R1GM IN THE PRopERTY This Swga * fnatttfom aog' to Le"'db- (i) the b oa of toe NOW Rod (ti) the ?Y=ttmt of the LM4' and all Mxcwats, eMtewiftm and Security J=hWttcnt Mad the Not," Far pmfom== of Bwwa'4 **v=Mft and aptoetnrnts under this MERS (eddy a nonfamw far >n ad Lcnd,-S bat6y , grntu and eoavey to aNI Ems) aM eo the nuc,"orsapd assigtt< of MFRS ow fotb desorlbed 1rh located in the Of' Ra 4ND [NAM otco+db?:J?ri rdicdon} SEE ATTACHED LEGAL DRSCRPtM which Mtpudly has tole ad*M of 833 OLD SLYER ROAD Is,tre#} rcityl • f'awrylwaia 17056 izip cads! (. p ny r°?ddrm ): t5xWrTH tut+ an Th ituprovenm'u now'w hwcttller 7DOEMER et na The ply and X all cattCStustts. MMnMwk'eL end now ar ha+eal3cr a part at the pmperty- All qt! MMwvNcRTj and a k dtliticnzt shall x1.40 Ix; '?'Od by thlS ?attertt. Al! of the f -N ,,* " Boaower ustde m>d agram th"IkW ix 11%.d to In thug Socurlry lastrtattent an the 8etxvwgz in this5acurit at MFRS h(" only k8a1 tnk to dtc igwvaq% grattted by 1- Cttdt? at[d [.ms's 'fit. if try to ffy with law q cn . NmRs ?n mm?i,we fa MCM t Lo. not Iimihw to. the rights b fararao and „ell the t: to m or M1! of dxke uuereats iwelV&ntt. i'K:W *, bat not lirnm:d In,1C?g and ccdlng ,?Yy' and W take any anion retltti,?pd of Lat,ier Secu*y I2gsrtrtiMactll. P8"YLVAtfUg-Sj.*k Fanaly .-P1latde t4ladRr eddlr Mae t MIFGRM 11V;4'yRitMF.lV7' ?' MA7f-0L7 ?t 1j-a,@,a (PaRr j of 16p" My Farm X" LO t h Of* CA- 4MM91, }, ` %%" BORROWER MVENAMTS UM Bwower is lawfully seised of the aware lmmby conveyed raid hen the e0 to mom, Smut and MUM the pmPeM and that the Omlmbrtnm of record- Demmer war®tts and will ddimd F,e?ItQally the ?7 title to the pr to dle Ae{)d ty agrtmw bt7r y again t for c?laittrs attd dcnambL subject to airy ?xunbriume s of record. all THIS SECURITY fN57RUMBNT c w*bwm uniform cmvt lartts for 0aticttal left astd Hart-aitiform wya1Nm1 with limned variMans by jurisdictimi to mmiumc a uniform security inmr tnccni o waing real P"VC tY• U14"M COVENANT& Bonowe[ and Leader covenant and agree as f Alowm L putt K iPnodmk Nocruw Qtoua. PnrMli arl wgm any prepsynient ch ar the = of, and inimc t on, the debt evidoxeedd by mm L&e (I ? that Ncft and twat to carbon and lift dmcgm date ttttk r the Now Berrowcr a[h Ww pay finch tier hEomm lions Aeymata due tmdw the Nola and ebm Security lmm inicat #aW be trade in U.S. `mmocy. Howeva• if any tdmA a adier korturimt m:dved by L.ercdQ as pigaue l tinder he Note or this Sccurtty > +srrmt is tamed to.l mdcr wgWd, i.cn t nW MqWm tbm A" or all sullam" payrMis due ender the Netts and C& Security btsuanaertt be tt4ade m Otte or mmc of the Eolbwbf by Leader: (a) mk: (b) tracery order: (c) reAi(W check. built !t om? h tal shalt. •s c()<x{ or ce?tier cr'e c? dm!}ieClt. pwvtdcd arty sttdt check is damn up al an itl6lilutioa wbvac dcpcmr. ate Ntg"W by a federal Wray. amity, w catit . or (d) Electronic Funds Ttrtmfa. Paymcnis are tI' A received by Leader what mceivcd at the location dm4nated to the Noic or at soot Ohara location as may be wed Leader in *=tame with the notiac simb we in Section IS. Lender may ides any payment or paai A pavincm If the payment or pmW bluff rbW theiLeitt to bring the Low mnam. Lender may accept try Payment or partial pqnxmt Phy i?s we charter. without waiter of my tits haemader or pr4mfim to its o ichit y rnen thosu tune + ich h P K u partial paytneals is the foot:. but Leader is ono °?atOa to apply such payttt taymmmae at ore the e rich aeoepted. If tacit Periodic ? pa7rt+atta are Pa mmm is applied as of its scheduled due dart:, three lAmder need strt pay uttcrcm d train Bo awcr mkcs pay heal to br;nS the, Loan tar r ant. than to Borrower. If trot hm? of time, Lcwa tlbdl ellba apply sudr ftmds applied earlier, stteh fwrde will be balance mkkr the Nate ' '? to m ltc9rt DOW M in the faaine ? p1pr b fct?owne No atTPet or claim which 8txttri.ti raisbl have now against Leader shall mfiew Bcxrc ter from making ptsyrnana due under the Note acrd this Sm-twity lamrnnent or petfoening the mvoam.4 and agreciumm secured by this Security lruangrterc_ Z' Appilloadmim d PMma d or Proceeds. Except as otltcrt m desc rbw in tbia Sq jkm 2. all P ilikler ayments &ccp ed and appal by Lander slrsp he applied in the follow* m da of priority! (a) Wetrst due (b) prh vd due Ada the Mote: (c) ankounts due under Ser4ka 3. Such payer shalt he MOW ? Note: elkCh Periodic applied fiat m lace mil' in the order is wraith it beeerne data Any RSriailtir? amouate xhall he princliml ? of om other atoomttsemC ri>ider d,is Sacualtl, tnmr t std then t<) reduce the If Loader moeives a Payer fm a Bamawer far a delinguan Pexiodit mf flan amount to pay my late a due, the pnymcni may ?ymrnt which irtclud the late dmrge? if mete than one he apptld'1 to the t3ciiugttmt paylrtaet and the Pc todic Ptaymcul is txustar409, Lander may apply t omen t t the rt?ymm of the Perkd'i Pgmmts if, and to the extern eta, each payniml am be pier its . To the ex duo nay exec orator after the 1MYmcul is applied to the fall payment of ov)e or ream N-UY Frame III.effmidk M. l"FoltM art trattatttW 'Tem2mt4 mogo-? (P1W4 froraat:rrr mY,D FWM abb. amt r*0WG7lr1-aro43C-teat: T 0? Pakdk Paynlems. web =Cuss may he applied to any late charges cite. Volun" pra;ayr»ous dtall (tc applied fast to any pTayinctit cba Tan and drat as dcsctibed in due Note. Any a Wostion of paymeab, irao Wuamjs, or Miscclfanoaus Aweeds w P %Xipatl due under the Note shall not cttend or podpone the due date, c r dtmtgc the a notatt, of the Pe iodb; PayYnca m 3. Fords for Bseevw lira. Borrower shall pay to Larder tan The day Periodse Payments ace dtte ander the Note, until the Note is paid in 611. a sluts (the "Putde") to pmvidc for payment of m iounm cite for: (a) tam and sammm eaua sad othar itaaa which can Oft in priority over dds Secu&y bmtrtzmeat to alien or encumbrance on die Property; (b) kned dd payments or proved t=ort: on the Pnipetty, it ahoy; (c) Pruniums for say and ail ivwaluoe toilainad by Larder under Section 5: and (d) Ma W bt iumim pn=h=s4, if any. or my am prya>ak by Ba rmwa to Leader in lieu of the pegr11etat of Mahe hraaeaare p oniom3 in aCegrdance with Wa pruvisitope of Section 10. Tbew i tcma are called "Etuen+ow Irene." At sson or at any time duaing the term of tie low. Laviar may ta;uire den Ca amity Msatdariott?. Fem, and Astrewgems, if ally, be escrowed by Bomyv tr. aid soclt don fees ad aeeaataan-I Miall be m Escrow Item. Bormwerr ahadl pucaQtly 1laaish to Leader all twtim of anioaapt to be paid under din Swkn gocmwcr AA pry Leander the Ftm k far Escrow he= ttoleaa Lander waives Batowq s o 'er to pay the Fj" ON say ar al1' Eadtow hams. Leader may wratvte 8ormwrx's arbligstioe to Pq to Lards Funds far any or all Escmw thane at any >ime. Any atilt waiver natty only be in writirra. In the event of such walvea. Banowcr shill pay diroctly. alien and where yayabk. me amt =& tine far say Fsetaw ham fbr whidt Mranat or Pm& ho been wdvad by Leah mud. if L,muier rcgni=. shall f raialt to L.sltder receipts evidencing sorb Paymmt witin sack first: Period as Lander truly mgmre. Bo mwer'a oblWitins to make such paymeam and to provide reo6pb shell for till purposes k damped to be a oarvemm and agrew=i comajw-d m this Serenity Isstrenart. as tbKPlume "covenant and egroaneal" is used in Sorties 9. If Boetuwer is oW*&1Cd Io pay Enamw Items tlittctly. mama to a waiver. and Bo rower hills to pay the areateat due for an Liam 11en, Lasater may apercisc its dgbrs under Section 9 and pay such amount and Boma a shdl am be ctbltapued under Section 9 to repay M Larder airy such taro Int. Linder may m wake the waiver an to any or all >^iyctbw 1101113 at eery time by a notice given in anaotdaoue with Section 15 and, upon mich revo(atim. Bariunwer slog pay to Lender adl Pundit. and in such s11camis. that are dice taealuirad ender this Section 3. Leader rosy, at soy time. *Alect ertd hold Freels in w etrtocst (a) xuWWient to penmk Leader to apply the Pwlds at &a tine apeCifibd wider RESPA. and (b) not to cussed the 11testimion snout tt ktder can reqube t1atQ RBSPA. Larder shall colksmte the - i P t ant of FuuAt due on the hams of Current dada and ttasonallk egimew of eitpeodilarm of More Esemw Items or athecwim pia t,cmalarec with Applicable Law. The Funds sharp be held in an Institution whose depoeib are i im. "+d by a rdcrA apwy. hWnirnefutslity, or entity Clachd'stg Lamar. if Under is an intttitwice whtaee depwits are so iris waM or ltl arty federal Moon Lain Baak Leader AnN ttprly die Funds to pry the Etaamew items no later am the time aPWMad "aft RESPA. L.ettder shill not chage Bon waver for holding stud applying the Fccadx. amually actabyaing the taaow aonow. or vaifyj% d+e Escrow !rasa. mlen t.mder pays BonWM igt nm on the Fronds and Applicable Law pesaties Leader to nuke such a ebarSe- Unless err agteeanewf is mark in waiting nr ApPE=Mc Law troquircs inNa+st to be paid on the Ponds, Lender shall to be required to pay Borrower any 1111COeal or 4Km0Es ar tie Facile. DUn*wQ and Lander put tgrae in wnw$, bow?wer, that interest slid[ be paid va the Plmds. Lcodet rAndl give to Honvwcr, without charge. en ssmW accroaatiq of the PttntlF sus rrgttW by RESPA. If them is a surplus of Pw& held in cwmw, an defined angler RESPA. Leedttr shall scattraet to Bonowcr for the OWM!tads is accordance with RESPA. If that it. a Anup of Fwmb held is =mw. m dt IoW under RESPA. Leader shall BUOY BQM*wer eta r+egUIIW by RESPA. and Born wcr shall pay to t YLVAN1A--t4i Wk Patay- Fank RtswWrw k Mae 194 O m ow ntmPW ITritirm016(0011)- aEAO N.%W.1 of 16 P"031 Forst 3t1)S? Val to fto ell: t•1pp-n74gpat tt'a St6/tt n t3f Mq Linda the wooom notem+sry to make up the mwntpgee in a< with RESPA. to in no more than 12 rttotlthly paymcats. If dm m is a deFx:kmy of Fonds held its esrow. m defined uasda RWA, Lender shall tw* 8ocrower as tsgonod by RBSPA, and Bonower shall lmY to Larder the WHOM nec mmy 10 make tip the dc(miency in aocotdance with RESPA. bW in no mote lim 12 motatbly paymams•S, UPon PaYmmt in Boil of dt stmt: encored by this Sa mitt' (mgmilmm. Leader shall promptly rertmd to Sonvwer say Ftttnda bmW by Leach & Umx >laatov a ,bell pay all taxes, s, chi fines, and imptsWmx attributable: to the , Y wbkb can attain priority ova this Security tnstrutmem. kssdnold paynmom or i:utad mots an Me Ptopsrtr. if any. and Cmumw&y Ammi Lion iDum. Fees,, and Assamtemb. if any. To the Wait tbm tbeattt item are l3ftc=Iow Mane. Bamower shall pry than in the mmtner paw W in Se o iop I eany Bmewer a " &schmqe =y rm which h m priority ovts this scmnty la?sent mlem [.ender, but ) ?'? in wdfWg to the pg == of rise obllgatioo wowed by lbee flan In a mmpelr ooceptable to defends only to" m Barmwa its pwknnbV such agmeenew. (b) eortmtts the Sm in goad faith by, or qpim cokm nemt of rile list in. k:SW proceedimga which in Ldadw*x opinion openste to ptev*A the enfurcommtt of the lids wick those ptloao4r4ps are pending. but only until such you am concladed: or (c) suss Emm the bolder of the lien as mgmernesa s eds1kamy tD Lender rAotdinstnng the lien to this Secuthy let hmnsaa. If Lender ddcoacinm dart say ph of the PhVaty can attain priotdq over the is J? to m liwt wle? Within 10 Sedarity Intwttoaent Lasater rrlty glrC Borrower a notice idtstifyirng rile lids. days of the dow an which that notkc is given. Bornmcr shall moisfy the lien ar take one or mote of the actions ad kwth above in this Smaieo 4. Lmder aatypnc Borrower to pry a am-tine tdwp for s tort came in va it? Am und/m tteporiing service used by m cco m¢tion with lids Loan. S. iN"m ly hmna m Benowa shell kelp tits woprav now existing or here Rft c d on the Propcmy . m 10 r I d lava by fan. hmards mckatial within the tent ' cstemdod c vmVm" and may oth c hWA ds bdndi ft, but mot liaoited to. aaetOtgaattem and Roods, ror which I coder ncgmft instaanwe. This ism usmoe :belt be ambmilned in the anent (ms luding deductible kvah) and for the pesacls that L amw requum What l:?eader itquim pttttmmc to the p receding mmk ma ran d mtgc d,m ig the term of the Loan. The in mrmoce estrus prwift the u+atwanCe sitell be chosen by Bormwer :objet to LeadQ'S tight to dsxappt>,ve Bonowor's t iciae. which tight Shalt nor be exercised ammo bly. Lasnkc my require Borrower to pay, is cmumctim with, his Loan. tithe (a) a me-time charge for flood zone dctemtittaaion.. cwfteadm and tawIft savkoe; or (b) a anc-brae dmp for fiend 7jDw ddmn mdm mad certifcmion seviom sad sabsegtlent c1t ages each time aaasppimp or standee char ga vocal which rMumbly might atfm and ddtamittetion err cat flcotion. Bomma stilt Aso be rcgmaOk for the pynwrd of miry fens impaspd by the Federal Ea apency hi m om mK Agawy b eonxxtioa with the review of may flood atone defenoimetion tleasitis? human objec6m by)lontmer. If Baeeower fails b ntt$-Pain my of the coverages described above, L.eltder ray ahtmitt iosttntnnc eov at Lmder's option sad Bonowes expahso, Lax tt is asides no dbliptiott to perdu a aacy 1?? type or smomm of aoveatge. Theefore; such arvcmV :bird cover L.mtda. but night or era not proted Bormwer. Bommer's etity is the Prgaetty. or the canteen of the Fmay. . ba of liability and MWH pvvide PM¢ or lesser Wae? pt+eviapaly in then was ' y in any tick. hazaud eflact. Wallowa acitmowiedSm that she com of the insurance wverep xo abtaincd mighi aiormamiy eueced Btc cornm of km=we that Boca wer caald hove d tthW. Any ameums. dish rwW by Lanier uuda this Seedon 5 whmll bamv aditioeml debt of Batmwer soeumd by this Secarity lnstnummt. These tumour tc shall bear imatent at the Atone foe firm tx *ft ol'dimbimranvent and shall he payable. with welt intOMM, tlpum notice rmm L,aader b Bormwer faqu .sting Payment. "2*ft [.VAMA-3fiW1e thraly-l mOk Mm r.ddtc Mm UMFORM VOTRU.MMr ITEM 2fopLs (pot 1) ?amta (PRO4p 4 of 16 pan„ Pmm 30aM 1/11 To MVV C*. r 4W'W4t0 r iG EA 4ra.?O zoo All itBttta m policies by Larder aril teirewahl Or Stich pooches abmll be mabje a to Landa's d8k b &MgVtovt; Much policies. mhali Made a sI - I -d anortMe claw- and dull n mt Lender ac mart fgee: andAw as an mli iti0npi loss pmyce L.aader shall have the dzbt to hold the poiiCies; and renewal cc tificam if LAuder t? qu hto. Bamower WmU peompYy give to header all tmcipt$ of paid pnonimns and rawwal naftm If Bummer obtmbm sty form of irmumuae eovamgc, not odmwlec ratimired by Lem. for change to. or demizvetim of. the Pnopmly. such pollcy sherd indade a Ord nrortptm clause [rand shall natter Undcr as motfgagrte smWa as at additions) loss payoc. In rbe em n of lass. Banower slurp give: prompt notice in the imtUnme canna: and Leader. Lender may ttmhe proof of loss if not [Date pnotntptly by Borrower- UaL*ss L soft sad Bormwer otherwiw a{gme in writing. any ittts mom ptm P - P ds, whatbra or not the underlying inw smx wm regainW by Lender, [[hill he applied to rcdmmM t or repair of the Property, if the t+ On or repair is eaconom oily feasibie std Layider's sec oky is to I - - PnP I Disring maeb mp* std rawwJ a period, Lamdcr "I bane the tight to bold no& iuttage I I rnaxds until I.mder hm bad an apaatWttity m [aspect web P op my to ehaao the work hoer btxa eoafpletad to Linda's tattthdaclim ptoviidgd that suet[ irapoction drill be undnt*cA lxotWly- tAder any 4111 m , pocaods far the xopairs said restoration in a single psymot or in a sales of popvm psymft as the *a& is aompkdod, Uukm m godtomt is muck in wtidag or App6eyble law requites i tarsa to be paid on rah las1100 proceeds. I.esttiQ aftmll sot be mquirod b pay Bo r "m pry interest at a o=V on stroll proaeeh. Foes for prbbc a4m oe m or olba Third parties. redomW by Bonower *Wl ox be paid out of ibe'RatltaalCe p moemlm and that) he the solo obligation of Botmwm If the rdtorstion or repair is not eovtwomiaiiy fatsibk or Under's security would be knoned, the iummu ec proceeds dlall he apow to the sttrrrm necao 1 by this Smm* Letnu t. whether or not rhea due. with the cxaxrm. if any, paid to Ekmxr&=Sttcb ' a[Nkt ptvcaeds shall ba applied is the a da provided for in Section 2. If -borrower abmdcyast the Property, Lewder sour tie. raSofisie and mettle any avmlabk inaar stet claim and srrimil ummers. if Harrows does not t cgrottd wkOq 30 to a notice from Leander that the insutnttac cum bas otfcmd b settle a dsho. that Lcndcr linty ncgotiamcmud smk the e:lahn The 304by period will begin wbm the tactic: is givm. In either eves[. or if Lmdor acgmbu the Property ardor Sactim 22 or odmwlse. Bon ower hathyr awiprp lo Leader (a) Bomwe s; rights to may im, on-cc pnxm& in an an otatt not to eateeod the asncamtp UgWd left the Note err this Security hwiratilattt. mud (b) my other of Sorower'x rights (adier dean dw r4W to guy rdin d of nriewned prauiams paid by Botrowa) ranter all ittataattec Pollens aovaing tbo Ptopcxty h0gilr as Such applicable SO, the upvas?,t Of #W- Peopaty. Leads mar use die: iasutatoe ptb ce* 0141m to rgmIr or e temm the Propertyy ar to pry amour as tmpmd atda the Nola or this Security butrumcwt. whew or apt that due. 6. Oeaqmmy. Borrower shill occupy. emablietlt. and we the Propeny as Borrowers principal resideace within 60 daym after the cm I antian of d is Sa rky lagna mt and "I coutinue to ocxmpy the PtopQty m Borrower's prmclpel residence for ae karat age year Aer tie: date of occupwy, atlesx Lcmder odmvAxe sgroes in writing, which eonsast MIM am be me momMy wiibadd or uakat extalwing dremnsb=w exist which use beyoad Borrower's extdt+ol. 7. Pr'esat'e'aliont Mahrt?atrme atscd lY+steayloa err We Ptwpenty; lttepadbrax Sor owcr shall not do". dsargge at rxapam fYte Property. allow the Prnpariy to de redotme or commit wane on the Pttipnriy. Whesha oe ISM Baaneertr is or%i 1he Pk?paty Bpctvwrt alacll mauitaht rite Paolx=ty in eider to pne:vatt the Property fmm damiorme a in vahe duo to its condifiaa. Unkls It is d?dettnitcd pmsumnt kt Scenes[ 3 that ngaair ac mKomfion is sat ceonexuitddly fe asibk. Borrower chill pvmp)a, oqx& the propeyy if densged to avail Wimm daeeriocatlort or dau w4r- If 9 mume or etrmdeim tone a proc pdmi „m Pmid m ,. m =lion with die q, or the uddag of, fire ptopaty. Borrower dull be respon"lc for rquiting or "mug the Pmpcrty ody if Lender has idemsed p mceeds for such putposm Linder may diabm,e lvocecd, for the repsks and rdtaeation in a single psytncat or in a mom of ptugtess payretet u ,* tt work is I*EN VX-VAVtA--Stnsle Fmilp-Finale lN=M'ft Wk - t141FtltR>ri R 17 RrAY[ts'Frl FTIM 2MM7 (0011y.111?6 (flake / of I6Pn8e+i Fens M" Lilt ToeltlvC* talpps,p.ap9?i.fx TLAMM MO completed. it the insua= or coweam non proceewt are exit sufftcicm to repuir or raver: the Pp.)Px-rty. Borrower is not rekved of Bouower's obligation far the LVMPletioa or leach repair or re tondion. Vender or eta agent Tway stake reasonable entries upon and insV4lioat5 Of rite Property. if it has reasonable cause. T..meler may Looped The interior M' the irnpruvr rnents on the cps.Leader -dalgive borowernoioat dwtimoforprior toweaottaior TanpactlOa apeufytng such rdaawahabiC eallanC. & Boeroaver's Iqa AppNcado& Bormw?e r adult be in default it during the IAA appla:ntitm per. HMower at any peg at amities stating at the dinectiou of Bonuwcr or with Borrower's lcu wrledge or e:aaa-t gave. Materially fal c, midewbig, or isaao mate infwrr¦tion or atwtetnenba to Lander (or failed m pwvide Lmdw with a steal b*mwim) in axmmion with the Loan. Malty tai tgxo crttatkm inckde. but use not NMW to. rep[emtMiotw eononning Boauwer's ocnipancy of the Propene etc Batowtx's principal. reicknx. lr and RION Under tW est. (b) thin If (a) p fam Me eavemais and eoatai in this Setarity ItTSttttpaatt (h) tlTtre in of Iegad prucoe ft that a& Apiftcandy aned Lantder's interest in the Property and/or rights uuler this Sec any hatrurnmt (twat as a pmoceding W bankruptcy. ptobtac. tot candcroaabon or forfleltOre. for arforcentew of a lien which may strain priority over this Security T.ShMnent or to enforce laws or rtgnWoas). ar (c) Bortpowaes bas abandoned the Property. dart Lender way do sod pry for whatever is rtasoaable or appoprdale to ptoted LmW&te iehI P em in the Pwpe rty ad rightu under this Security Instrument. including protaa ft and/or at t11, ,, ittg the value of the Property. and securing attdkw repaiting the Property. Larder's aadona ham include, bur ate not limited to: (a) paying any stars seeaad by a lien wltdch bas ptiot[ty over this Sawity Imwraaatat; (b) g In aaurt: and (c) paying r®acrmbit: atte r4eys' feet to protect its it- in the Ptapetgr aodit tights under this Sonority InsaTnmatl. incladbM its socur d position in a bankngn 7r peaopeatina. Somdng the Property b0acita, but in not 1itr4u so. vttaing the Property to make repairs, change loft fq t m or beahapd up doors acid windows. dean water from pipes, eliwinate building or other code Vieft iow or dangwoes, auditions. and hove utilities 1 1 tad an or Off. A14KM h loader tray tape action dada tics Section 9. Lander does not have to do so sod is not Wader any duty or obiiptian to do sa It is egfeed Haw Lander inean no liabifity for not taking soy or all solons wdlorinal under thin Seetiert 9. Any amotatnt disburaed by Lacier under This Section 9 Atall beexune additional debt of Borrower g=wW by this Secaaity butt reent- Ilene amorous stall bear JObsest M the Nate rake two the date of disbtu:,tuttan and pihtdT be payable, vnih rood iniam upon notice fiau Larder to Sorrtwer requmng payment. If this Security Ieahonastt is on a Ieftmetold. Bonow w sbsll e:onlply with all the provisions of the lestae. If Borrower acqui es fee tide to the Property. IM Imsebold and the fee tick shall ad rucrgu tanks Lender agrees to the eadRja in ercltioR. 10. Mut?lBase lttniraooe. [f Loader required IMottgage Insurham a o awdidon of rua kieg the Loon. @artTavarGr thhall pity the prmtittma noquined to maintain the Mtxtgage bttarrmoc in elI W. If. for any rtmson. 1 he Mortgage: I v -a cc oavet?e rcquiend by Leader ceases to be available from the oaortvp insurer that ITeevionsly pravlded such bmusaoe and Bonowa was required to tooke separately, desixam, paymertem toward the pt+ankm fear DGMV a To allsm. Borrower snit pay do pmritiwns ra*drtd to obukin ,vagge substantially egaivdent to dw More htauunce pmviously in off*:L at s cost submarrietly emovalatt to the w o to $ommw of One Mnapp huuranee previouttly its effect. from an ab rtaate mextgstge iosturr selected by L ohm. If tmbstradd y eagativalent Monte Tneatranoe eovavW is not avsilabk. Bonower shat) contintic to parr to Latch the armolrM of the s q - - y dadgu led payments that wane due when the iasur ume coverne, amaad tas he in dfcct. Lender will accept. use and rdesa [heart payments as a non- nefiateabk loss n 2mve in lien of Mortgage Tanurea?, Sucdt loss nesett+e least! be tan-fdMdable. PVa+cnVAMt4.-V;%krimury-Pa.kMzaWrq"4tFreeWIFORMff4MRMFT4r TONE 309tnht t-EM 2MO MOp 1}..a?11a ( nRe s of 1sp ") To Ordej Cat. p-ab3 9pgg.lf? r. 10 l Ina notwithadnding do fact that eta Loa is uttuttatdy paid in fall. and Laxkr abeu sat he requkod to pay .BCttswcr=W istW49 of etaamgs an Mach loss voscrvc. Lender can no loagaar mcluitr lass ararrve payments if MoeWV h=ead= covagge (M the uaoatt tmrrd f0f lht: period *0 LCWC avgwwa%ptnvided by two instrer selected by Larder apt beoono avodktble, n abtaina mad Leader regwms nepoctualy desnreri Payrnettta toward the prmitrrna for MW&W insalatite. If Larder nagtti W Mttngage Ira w=w art a wndition of mabag rite Loan and Bwtuww wapr regained to stake aepwway desigrattod p umcm toward the pmaum for Moctggge instaaooe. Bamrmw shall pay the prrenhum required to aniwuin MOOSW latwam, in effect, ar to provide a nw-mfvxdable km m ve, until Lender's topinena far MmVW Iosmwxe ends in aooadaaoe with ray written igteeattatt between Borrower std L.erdcr pmvW* far vmh undnatinu or uatil tcvyuaatiatt is re quip d by Appilatbic Law. Nothing in this Section 10 affeeft Battrwer'x oisfigatien to fray iaieratt at the ante providod is the Nate. Mort W Woe M= tdMbrtrsas LAndw (or =y eatity tbM p0tdlas , the Nate) far outoin k oxm it ntay incur if Borrower does trot rem qto Loot ors Nl'F Banower is on a party to se: or%' i Mor"w irbr m evalttale thar total rink an aU =cb i rwe in Fa= [iow ntne to tkw. 4W my enter into jrewteots trriith other poles ihwt shine or axAfy thir risk. or trot m looses. 'threes agreements etc os tanmt mod a mdkkm that ate astidwCtaty to the rnongagpe hmei tad the a ter p" (or per") to theseagmmcob. 7baae mammas mmy w* *c the motl?ge ina4,er to titrilte pwyt?ts etaiwg a0y soarers of ftm& the doe mortgage hwan amy have evailelft (which imy Wu* Wa& oblttitaad ftvm Mcrtgagc lr,xurawc Praniumu). As a testdt of dteae Wmaacuts, I code . arty p wckmw of the Note, mother insurer. any neinst v. nay other crkuty. at my a!#ifiate of way of the forage. rwW tsoaave (dbWly or irtdaa+eclty) atnoom that derive tiara (or aright be cj uxleraed aa) a patiator Bormwer's pvjmwm for MorWW Intnr mm. is exchange for d od" at modifying the raotrgaae iaoatt:r'g tick. ew t+edueiag Josses. If suds apctanatt provides [bat ar affaiiale of Leador aloes a dwe of the ima Wit risk it otdmw for a d we of the premiums quid to the issutrr, &a arraagealeart is oika leaoted "Captive reitmrtrnve." l;wrthtx (a) Awry am& ageaa4a1 WE 001 aUrct 6e auraantlo that Batrawae boa arWmd b pwy fir Maya rMwame, or tarp Grittier bestirs of an Laser. 6wcb wo meoem wlll test lomeas I the moot Borrower wNt mm for Mar%" beemmm m said IMey wm on wtNfa NaTowwr m my mfsmd. (b) Any swdr gpveu rots wM not MOO the ri om ftmm r ho -aloe =W -.wlt6 ropoet b the Morlgatir iruwrame andee fbc ROMwwwn Ptroleryiaw Ad of Me or arty otb r inw. neon ri b% may iwehde the abet 00 twelve Off[ o aWdomwev, in Mud obftk cmuffilmilora or this MWIVV Iisantraacy to reeve Nee Meshes lYlsrrawoe hwoslaetred arwlaeradwnW mmWM t• to ratdve a ref ad er way Moue bnntealloe pema•I drat were Mono ed ail a* time orstleh asummillathm or iarwdsattow. 11. Aspdmsat or Miscalanooors Prae Fftfekmv - AU Mbcelbwoem Pcoooods are hereby itysigocd to and AM be ptld io Leaky. If the Praper[y is dlritrti' - MG& Miroeli nmw PMOcab suit be applied to Moordiou or rpsir of the Property, if the rcdonetioa or refs it is axw micsAy famibic and 1 ,rnder43 waxily is not taoawd- Dutiwg such repair and rraloratiaa pabod. Ladet WMn brae the right to hold atach 1tliaocllen¢rooa irleraeods carol Lender has had as appoemelty to mqw such Px*" to ettewe the work has hoed aompIded to L.eradc's trtrtisfactioa, provided that so& hapediort dM be undaMm pt1 inp ly. Laufer may pay for the MrA im ante! tataratioo in it single diabtrrsmat or at a merles of pirogresa paytrMU as the work is conttpieted. Unlewt w %amemewt its [Wade in wtiti % or Applicable Law rvqubw atterera to be parka on stack Wwct;ltaa %i% Ptrocemb. Lawler SW hot be nbquaed lo prq Bormwer sty kderad or earnings on wait M'aadlaoaeons pnxe ds. If the tesaara IM or rgMdr is not CCMXM catly fcesible ar Larder's aetxaity would be kxoata i. the Misccilanemw PtoCCeds Anti he applied to the a®s 1"ciM56 by Aria Sawrity bt Omment, Whelk, or not their duc. wide die PPrII' TLVANTX-'&g1e Faro y--' - MaeNN&k M" UQ K OkYrRl111aEMT rr[M 270" poi it--mrm (pdSvOgf 16prgtri) F-OV"U91 WMANO rMlr 9 to 04WCa:, set r?Gt]F MO notwidtO mdiag the face that the Lamle is ultien ddy paid is fall, and Laidrr obeli nal be. rcgtdjVj to pay BaTnwa any irterraa or eatrtotgs cm torch loa vmmw. Lender cots no kmW 10901rc km r give q payments if Mortgape humiace coverage (a the mnoust and for the period that Lauder nogttires) provided by an mmmu selected by t aWer4wio becomes avolabic, isobtunai and reader requires sapoweiy deap mad psvmaus toward the premium for MorWW lumrarv= if Lander roggined Mark hvium ce a a crotiditkm of mWdog the Um end Banower was regained to make agwmely detignmed psynratfa tawald die ptnmluras for Mottgsp Insaeoom &uowa aliali pay the premium rowed to nuintem Margw lmats»ttrie in efTem ar to provide a non-xfimdaWe lom n=ve, +mtii Laxlcr's regniccrnan fa MI»tW lumnap c ends in acaoadmace with my wdttra agtoaoeat between Ba momer and [.code[ provWirgr for =4 tandmpim or daii axm*uttice is rcgW d by Appik" Law. Noddrg in this Swica 10 nfk=b Bormw r'R obligation to pay interact st the mix prvvWW in the Note. Mortgage Ia>laa m reomi oft Latch (or may aWly that the Nola) for o muW lomma it may mew if Bcrmwe'r d a ad (qW the Loan as greed. Doffewer is not a petty to the IYTac%W i...... w MonSW ialmmm evaluate their total risk an ali inch in maume in fbox from tibia io tint[, and may aril: uato agtoesmdtts with Wwr patties that ahem or m dify their risk. or robee bulls. These a$reattcats are on ta7tia and oOadidlors dW are lacy to the marW ! ins war and the other pmy (a loo) to chase 7baeagtrxaarmnMy VcqMjz the hornetto rsaloe pnyrmElNa using any smic'e of fl4lda" die mmlgW camCr awy have ro"ll" (' may mcludc Hardee obwincd froth Manpr Inwca:ntce praninrrs). A r. a MMI of there agrawneltls, Lander. shy purckwer of the Nale, ana&a imww. any rairunzw. any other cntlty, of say afliliare of any of the fare . may receive (dhYedy or mdkwly) amawas that derive rims (or sa*bl bC domwariaed as) a pwtim of Baenom's paymeets for Moapp imaar ax, is excim"c for d rag at ruoaffyiu the mortM 1 1 1- C's rink. or nedVrog iasa- . if such agndanort provides dear mi affiliate of Leader takes a above of *c bares risk in aFlmkvW for a dwe of the Inemi inrmh paid io the insmor;. the a>rwtgement is aAeu ealased "captive te3neQaaroe.' t*artlrar: (a) Any neah ayeemam wM wt aged the aaegpe? dot awroww ' has agreed to pay top Mortvp lawroom ar say 00 1 - tareeea of the Lem Sabi cPemsmas will rat I P, Fair the aatsuat btx a ewer will owe tsar MnVe lmaO uw% and dory wM ¦et mggc 1gor?e+odbr to aq IoAsercl. (b) ANY melt 2PVM 1MY WM rat alAtdt t1w WON Be MCI bml-tf amP--Wkb IresPe t to the Mor%W hiorance under the Runcmmm Pt+atactdait Act of 1909 or my others low. These rkbb weay Melnik Obc rot to rsod, a xWx dhdoarea, to regmd sod abtdn wmeeomou or the -- Iff"WI lwsurtenoe, to lets the Maas l5WWMbo tWMhatd a dow.*aft, amdfor to s ndf- a rdWW are any Matstpye lrarsramoe paernbM Hatt ware ¦ttssrmsd n llo rise ornelk ama Ilidle t ar tee70>tiaflom. 11. Amdoonmrtt of bgscd idlaowr Prnoeedr, Fwfdtmv. Art Woodlencorn Ptacceds afe bemby rLea pwd m sad shill be paid to Lerdcr_ 1f We Ptvp=13 is I IMISbd. SO& Miscellaftm Proceeds shalt be appRad b ressus im or n;*r of the Property, if fire rldl0[alltla ar repair is CCrMrOr umny feaible and L.!'mdar•s ltemxy is tort kwated. bating xbt?S hod lam Lcades ddi have the night to held nwh Moadlsaeom praeepdF tmdl L Oppotto ity to InapW suds Propaty to amm the wank has bate uompieled to Lelyda'x satiafacdait, provided that such inspection siren be uslatakent promptly. Latdu MMY ray for dlc maim and ragotaWn in a 3hWc di pit of in a mxk* of p mt pltymrittS W the work b CaMpkxad. Unkm an W eemeNt is made in writing or Applicable Luw re"ke t interest to be paid can Px:h Mikvilneoom Pnm VC6. Lemde r eltall not be respired to pay Banowar may inicndt or esmsi p on mch hrtaordiaeeoma p(otx & if th, rartoadon or rqmw is ux acoaomirAIIy feasible or LAmdet's soapiiy woad be kseftwd, dm Mna; 1woom Prooceds aeon be apptie d t0 the sum aeietttnd by this Security IngnsMI. wfusher or trot diem allot, with die rP1OOTLvA"IM Alt Faieity Name MMArrddie Mt+e UranaM W rntilMMNT Fines 3039 Ural ITKM7ML*gD11i...eelal6 P WATLAME w9of!6p") ToOnkrGWi.80Ww70ARMoftM-7M-1ul M'y/ exccees. if any, paid to Borrower. Such Miacdlmeons Praasede shall be 4W W in rim older provided for in Section 2. In the event of a total taking, darmctiai. of km in value of The Property. the Miseellancous Proceeds shall be applied to the suras aocaard by this Security Insinunext, whahm or rim then doe. with the accuses, il- any, paid to Bommcr to the evou of a pwtW taking, destruction, or loss at value of the Property in which the fair market value of dw Property itartaa"cly before the partial taidog. dmtructiou. or loss in value is egmd to or p vAcr than the atnoism of the stares a m+nd by this Semdty houttttttmt imnralitNdy Wore the px*l taking. daurrrctim or loan in value. unless Borrower and Lender ntbawiae agree in wd tg. the snarls sa xted by this Security bu trunatt shall be aeduced by the err imm of the Miaodlanootts Ptoc +ds trnalltiplior>; by the Wow ft Raw! (a) the tatty atrinarn of the loans secured unmadiNely belene the pantitd taking. destruction, or loss in %%due divided by (b) tltc fair muket vshte of Use Pmp" hm edWcly Wme the Partial taking, deatnic6ow or loss in value. Any battmee shell be paid b Boaawer. Tn the evcni of a pertial aldng, damection. or Was in value of the Property in which the Fair narrkrr value of the Ptopedy onritcdWdy 6c om the partial Q ft* dcmvx %. or km in value is Icat than the antomat of the stenos f0oRrd Invoci sly b4m die partial tmkq& desk uctm or lass in vahrc. unkm Borrower and Larder o4orwi a Ogroe in v Th*g. the Misodlanooas proo00tiia shall be applied to the sails voatuad by this Security tmbraraotc wlradhQ cr sat the earns one then dote-if the Property is abelydoned by Borrower, or if. of er notice by Lender to Som wer that the Opposing Party (art defined m the trod sealascc) offers to Malta an award to settle s Clain for &MIges. Borrower fails n respond to Larder within 30 days after the date ire notice fa given. Loader k authm7md err collect and apply the Mucellaneotts Pioca ds ekha to resooration or repair of the Property or to Lhe sum -healed by this Se striry bastuam m. wbr9x at not then due. "Opposing Party" mmm the third party that owe $ottgwer Misadlaneous Ptaooodn or the party spunst Whore B< MWCr hall a 16JI11 Of IMM011 in regard to Mimellanentts Pxxx;eds. Bonuwa r stmt! be in dd'aall if wry act or proceeding, whether civil or cxanine]. is b5$nm that. in Lcndee's jsdgamaiL could rasa ft in fo"xim of the Property at osier nula W impa trumat of leader's iulemt in the Property of tigftts undtx this Security Iviouracut. Do[ vow can extras sueb a default and. if accelatation his ocxutad, r+eiratate as provided in Session 19. by , iI 1S the action rx preemiiing to be dismissed wide a ruling that, in leach's judgntcatt. pmludes fo daa+e of the Fropeny or ahcr nutcaial itt>poltri eat of LcoWa inure a in ft Property or rights under this Sewity hatunlem. 113c piwactla of am award or chits for dawage s dad we andbutrdde to the irnprirtnatt of Lender's inuxest in fire Property ace hereby arse- and sbdl be pdd to Leader. All Mlsaxll Liam Proceeds that tine tint applied tr1 rewttMrion or repair of the Property nltull hr applied m the ogler praMed flrr in Section 1 12. Biesumn Not >Rdaa mk Forbesnoce By Linder Not a WaWier. ExImmon of the that- fir Payer or otndifiication of anoonfQation of the sums a=mW by this Security Im murrOat granted by [.alder to BaQVwa ashy Sdcamm in I, I of Borrower sham not opeme to @el0alC the lability, of Borrower or my Successurs in b ns t of Barrows. Leader shall not be required to conartre ce i-ni r 6 againg am Succosim in Interest of Borrower or to refine to exiend time for payment or dIK wise modify arnortdisicm of the stars soeaxW by atria Seatdly Instnrment by mason of any dmmtd made by the original Borrower or easy Sacemsors in. borsst of Borrower. Any forbes vw. by Larder it me dsiug any blahs or sanely including, wilhaat Mitadon, Laida's amcptaaCC of paymeska fawn bird paor, ome, ankies stir Sumtsmatr io itaeruar of ilortowa or to srnQants km than the tnvotnt then dote. shall not be ra waiver of ur preclode the exercise of arty right or ren u dy- rFW4Sl'LVAMAy- nWje FatttiIy-F xmmk Mmmffl* ddk MUc IAOPORM R49MUMMff F"M MV 10111 rTIM2aaa101atht>_ !9 r 10 of It' ?`~n?a ? e?MCes] Te&deCal: 1?aiF326.t1p;.lFe as64R1-174# •'lW 1$. Joint and Sewed Lieblilty; Cw? Snecown and Andgm Dotard. B;ixw envenoms and ages that Bonoww's oWiptiom and IWAlily shall be joint and several. Nowcvcr. any i3omarnr who cosigns dlus Sccus ty Insmment but does not exciage the Note (a • co-Aim'): (a) i.K cw-signing this Security lnsbvnicul only to nwnpgc, grant and convey the eosippur's i *zm in the Property under the terms of this Security IA Guff tht: (b) is net personally obliSmed to pay the anus sar r m a by this Security buitnnnient, asd (c) agnm that Leader and any otbsx Sorttrwar cxha agree to extend. mod'efy. forbear or make any m:mninodatimit with regard to the Wm of this Security Inw rnew or the Note wWKRA aw m-gigtter s m m mt. Subject to the pet mWoia of Section i It. my Saocemw in Ins' rat of Pxm wa who amammes Bomwet's oNigaum Mader aria Security bm&um m it writing, and is appmed by Lug. Wag otxam all of Bnr over s n #tts and beactitt under this Security ltatntmot. BmTDwa Ad net be relcnatod fnOm Smower's oblleotim and liability under thin Security Itstttar ad utnkm Letxla span to much relam fit writinlg. The covenants and agttsarsenrs of this Security fxstmment shedl hind (excer air provided in Section 20) and benrfit die tanCCSrFBtita and amigos of Leader. Id. Loess OimmSer. Icudk nay dwp Ba o-cr fees tar services pexfarincd in axto r&* with Rt rroo s ddaalt, for the I -Faec of ptiotectisg Larder's inicrertt in the Ptxlpcaty and rights herder this Security Imtramew, inciaft. but not limited to, midis"' tam property heel c -1 tt and valet im Pees. In regard to sego outer fees. the Absence of cxpmo a mbority in this Security >mmument to dhwrgc a spcciric foe: to Bouawer shall not be construed as a prohibition on tie chsrgiug or mx6 fee Leader may not edniuge fees that we cgxudy pwh* ited by this Security Ingrument or by Applicable Law. If the LA= is a d*ct let a law which no mm mom loss ch rgca. and that 1Rw is filially inierpnexad NO that the intaat or o dw I m dffuM collated or to be cDlcc d In cormedien with the Lan exceed the pamitred thnias. then: (a) any such loan c wrge mkaq be rWvmd by the nraaotux necmmry b rouse the charge to qtG percided lb* and (b) any am Wveady cdlecled from Bamwer whk-h exceeded peanitted limits will be reltxrded to Borrower Under may cliame to make this refiatd by reducing the pdrxq rd ovvw undm the Noe or by itad*g a dkW p¦yM=t un Borrower. if a refund vmhm= priacipi, the raktctian will he to omml as a partial ptlaytnNil wilbeint my p mpaynkm charge (wiratbes or not a prqpa)grmu char7c is provided for under the Note). Bonower'm mxtepwwe of any such tdund nude by direct p Wment to 9omma will coostitaft a waiver of any rilkt of action Borrower milt have arising omit od uvzh ovr C, I& Notdces. Ali nodm given by Bon wer or Leader is connection with this Senhrity hutrament attest be itt writing. Any notice to Botmurer In axmecition with this Security hsttntmntt atoll be dcaned to have been gives to Boo owe when trashed by fewt cues mail a when &can h dcli'vcml to Bantivna's notirr addrsae if eml by other memo. Notice to any one Bonawer shall cmaidlate nodoc to an Bowowas tmilss Applieatrle Law gtptmel9 t+e pues oti mvvite- The tonne addma shall he the Ptoprxty Addm unless Bcxwwcr boa desi)prawd a ohbodlute notice aklre s by notice In Lander. Bom er A an pt+7xaptly noify Lt:tsder of $arower's chmp of address. If Lander specitim a pwcadwc for rg7oriitag Bonower's chase of suklrem dmo Boavwm shall only rem a dssttltc of sddnev,-t dmoagh that alms fied pmoedme. Thera nmy be only arc daigneW notice adthces under this Secudly lustnumcul at say one time, Any name to Lencia dish be bivent by dd verigg it at by milling it by rust clam mail to L aodor's adios stared herein imleme tooter Its deaignahd anodner addr? by nodoe to Ba ewer. Any uotioe in connection with this Sminity hnatrumtnt studI not be domed m have been given to Lander sari! actaslly rcm rc d by Leader. II' any miec tuquimd by this Security I-, t amtt is stela under Apokable Law. the Appliosble Law naquitrrrnahl vrill satis[y the cantepomfeg t mpArrmum hater this sam ity htsllmuent. IR. Cwvr Lam Strmaili ty; ltdm or Comemedon. This S&mn ry haKtaroatt ahdl be governed by fiedeial low and ** how of the Jurisdiction in which the Property is located. All r*hls and obiiputionm consuinied in title Security hu tondo arc stdn)a-1 to any ttxlait+etrtentt and lirnitstwx col' PXNl%V1.VAMA- Hkgte Fa"y,Faaate Mew7rcak Mae UWORM ff48t'at1Mt0V't' FAA Jail! nn) 1rW77aD1.17 1 71 t dACA%4NQ a 1-roses (AW. / 147r16 j1nM) T. Odom Cy i 40a?Uri;116191-1 131 /77#KP Applicable Lew. Applicable Law nu & explioitly or implicitly allow the ponies te7 aVW by caotMj or it taigk be silent. but star: Siloam shall aM be eow6ued as a ptohibitiou amt agmamart by contract. In the aYelt? t that my ptvviti m or douse of d& Security litstrwri o or the Note conflicts with ApplicMe Law, such conflid shall Rot affect Ober provisions of this Sct=rily lttstnntteet or the Nate which can he girth effect withow the cttnilicungpovisictta. As used in this Sc=ty Io:tttnmcat: (a) wards of the nasacWine gander sM11 moan and m,.[Wc corresponding nuts wards or words of the faminhie pleader. (b) words in the !singular !ball raw and include the plwal rend vice Vetas; aW (c) the word "rmy"given vole dixretioo within my obligaion to take arty awxion. 17. HorrowWs Copy. Borsoww droll be given one co" of the Note and of this Security lntortan rn. it Tratetsh r of t h* fPsepu y or a Boodkbl Intorat In Barrowe. An uxW in dais Section 18. " Gate rest in Me property" moose wry I%W or 6radiicid interest in the Pltaporty. inde tg, but twit limited to. throe bent idd intexuesta tlraufined in a bond for deed. maned for deed. iostttlkttett m¦Ics connav a1r ewrow agrecro att. the inimt of wblleh 1s the transfer of title by Borrower M a Nhur agate to x psra-hnser. if an or arty part of due Pmpwy or arty anus in the Pcerp" is sold or traoslgtred (or if Bum ower is not a narural parson ad a benfdd In%=4 In BonDtrcT is sold or uaiwArred) whbow Larder's prow writtan comptt. Loft may ra pdre inmediatc hayncvat in full of all s w as secured by this Seemity loom rtent. However, this option shall rn7t be cacacocxl by Leardcc if sash exacive is prohil ad by Altpficablc Lew. if Le der ex rCews this option, Leader shall givt Borrower notice of acceleration. Tltc notitx spoil pmvidc a pwW of not ids than 30 days fium the dart the notice is given in accordance with Section 15 witbin which Borrower must pay all scan wattrled by this Seenrily [ . If Rom ma fails 10 pay that mna prior to flit acpaadom of this period. hereto may invoke any mmedks prrmitted by this Ser:atity Insb uitaert witim mt ftiti)inr' notioc ordamntd an &mower. 19 EWmw*''a 10& to Rsi a"te Arar Acedern". If Bowowear rtf0ets certain condition. Bonewer irhall Bove &e ri jjd in Woe a afot'seoma of this Security Inst unmmt diwm iieucd at any time prior to the airhest: of: (a) five dqz before oak of the Property pitta ent at any powai of sale matained in this Security Insruamm (b) a>nb otherpeiod = Apokal lc Law caught specify for the tormingioe of Bonowcr's tight to reinstate: or (c) entry of a judgment atlaee" this Security laarturvenL Thom ear Oo ns are that Born mcc. (a) pays Locader all muss which theta would be date under this Seexily htslnumew and the Vote a+ if no apc:deo Wn bad ag1-tl (b) ewes any ddauit or any other covesion or agraeemeuts: (c) pays all axpensm ion mnW is cuhccbg this Samuity Instrument. including, bud no, Ihndted to. reasonable attorneys. fom property logmdon and valuation feat, and COW fom Wwml for due purpose of protecting LA%dar'a. ntt,erce it the Property and rights 1il dds Security 1nstnuncat: and (d) t m and action has L coder may. and $ that Lendkx'n naorm in the PIro party and rWO mtder dma Seauity humRnax, ca pay , by this Security lneanmem, !hail aantiatae onchlatartd• Lender Fumy r iloin abet Barown par rah reinetalta umn suns and etpenaes in owe or caws of the following fam. as adeciea by l.caa_ (a) aa?: (b) money andler: CO catilicd creel[, bm* dwdt, vani mer's cbeadc or cashia•s dieck pcovkkd coy such dixk it drawn upon an institution whose deposits are tnmwM by a roderal agency, inrttlratttlt Witt' arm0ty; at (d) M cttonk Farads Transfer. Upon rdastatement by Botrower. this Security Race, It m I - t end obl tAtions secured be eby shall rcnWm godly dPetutivc as if no mudersriut had oectRted. However, ibis to 91 K - C shall not Apply in the twee of voceler tivn under Section t8. ?. Sale oaf NertE?e oaf 1.ot11f l?rviearl Netlee or Grkvawae. '11tt Noic 1tr a partial hMt?et ut the Note (tagcdKr with this Security butttrrmt) con be unit! am or mere ift" without prioe notice to Borrower. A soh: W& occult in a charge in the altity (loxrwn ate the -loo Servit d-) that eollew Periodic Payments due under taus Now and this Security mute trient and perfornw other mongagae lam servicing PFPO%YLVANM--3kWk faaxily-F- a !cede Mae UNU RM 04grRt1Mrjwr F4m M39 11" 1-Meh6 (1'atgt l) lh a -416- M +TEM27W121aht11 1tyw• Ilk of 1k+rGt1 i?OMxEant-rra'S?I-grg9 Yh in" obiigstioas Mkr the NOW, this Setxtrity Inorttrndrl. god Applied* Low. T6ene abo nigh( be one or enure ° of tltt Loan Servioer Nniaaed to it sale of the Nate. If titre is a eJmw of the Loan Scrviee:rr. Bonowe r will be Sive n vetimen notice of fbe chsagc vrW. win soft the: nave and addtoa of the new LC Mt Se:rvioer. the addrwrs 10 which PRY! [A Amid be tm& and any other infnrmttion RESPA requit" ion =M= CM with a notice of transkr of SOVicing. If the Note is sold and tkt+eafler the Low, is aervic?od shy n Lain Se "K=ofha than the purchaser of the Noes, the rnortgoo toes =vicin oWiga< hMs to Bo mwer will razz in wkb the Lcou Sesvie ct or be eraesfcrtod to a alcc weor Loan Smvkx r and are nnl assorted by the Note ptmltamer unless otbcrwise provided by the Note pun baw. Neidw 8urmwer nor Ltxtde r may on nin rtee. join. or he joined to gay jndirial action (as citbcr.en nedivA J litigoot or the mamba of add) that arises Rohn the whet parry's actions ptumna to this Security It wwneot or Ihat alleges the the other party has btwJ ed any provision d: or aeny duty owed by mom ot: this Seca ft h9hu t M tmtil ax* Borrower or I coder has notified dk outer pretty (wiW sack notice given An wr%*oooe wNh the rotpilr wls of Section 1S) of such atkgsod bre ndli and afforded dw o6er party beeloo ft reasotetlbk priod ah?wr the giving of nick notice to talk eonutive action. If Appliaable Law pwridess a urns period wWcb that ciepse before certain action can be taiaeat, 60 thou pc dod will be deemed to be remmuble for ptepaara of ids PWkzroph, The notioe or wamderation and opporumifyr to a:tmt given to I;aztswex pats ms to Scu" 22 and the notice of acceleration given so Be nwAr pt rmaot b Session 18 4 WI 6e dexoftt d to satisfy the notice and opportunity to takay give adios provisions of thk Section 20. x]l. Maanrrows Sol -- - -a. As eared in this Section 21: (a) "Hauedotw Suipgattvs" are tbAm arbstanoes defined as toxic or hsm lmm subataacta, polNumts, at wash% by Eanvirr nnuvial LPw Mid The following eabitaroat gasoline. kaose w- other tttunntabk or tactic potfolarn prodocat. toxic pedickles and herbicides. volatile sobents. mderials containing etthsaosta or foxtttaiddtydc, and Wioaaive materials: (b) "EavirvtnmMW Law" federal laves aW laws of the Jurisdiction wbere the Prapexty is located that relate to btstltb, gaiety or ei viransuenal pnokadiou: (c) "Euvarnunet4J OM W includes any rcqxmuc action. rareaetial action, or renewal action, as ddkwd in ltd Law. sod (d) at "Envintrtmeatal Condition' T ums a co wlition that car cm w, contribute b. or ofllGS wide binw an Environmartal Clounw. Douvwer dull act cataa or pamda the procwx use. disposal. Ab& or rdeow of any Haxe dous Syth to, 4. or -in - - - to tdeaaie any lhaisdons Subsimc s. an or in the Property. Borrower ahtdl non. do. nor allow anyone a isc to do, NtYW* olfixtiog lbe Prey (a) that is is vidgdm of any EnvitooommW LAw, (b) which cruses at Envitmucoal Condition. or (c) wbWb, dot: to the Presonoe, uac, or Mk =c of a Hazardous Suhotauioe. tr+ewes a azwdition that dvcm* dlbm Am vAn of Gee Property. The preceding two setltoarLws mW Aar apply to the . me_ or stonW an the Ptopaty of moll quisititics of Haudous Sabdonces that arc gladly x?onogaizpd to be stpptflprWe to uonna! redderitial ttddt std to numiteno we of the Property Ondadius. bnu tta>t Geaitod to, hiamdous substances in mnswna products). OCNIUMOW <x ottntx stm11 promptly Slvc Wider wrim p notice of (a) any invtxtigation. Claim. demamd. lawsuit actim by any Boer teal or rgpdomy aSeacy or private potty involving the Property used any eiamtdaor $abatance or FAvirournmW Law of whicb Borrower has now krrowiedge. (b) any Envitortteleatal Condition, toe aft inn oat lbWkd to. any dpiiligs, loo. igg, disc6age. rdeotse or Anal of relowne of any Hamdoeu Sdtatowe, red (c) any condition cataoed by *a prce eace. we or rckmc of a Haatordom Subsko= whkb adve wb affects the vahee of the Pwp uty. If Boervwer karats, or is notified by my govenove tn) or nCgrtatory authority. Or my privaG pony, dW any removal or outer rcretodiation of any F unxions Sbbetaaoe affectift &e Property is necessary. Bum mw shall promptly take all accxasss?sry emraedW act brie is acow*rae rout`s Bovirounwmaal Mew. Nothing herein shall cteate any obligation an Lender form Envirorrno uW Cleatetrp. PNNMLVAMA-Stork Feu ib -_P-mle WeFt oub M" t1Mt onm w4mrittmirier 1FeorMo 16pMess Farm 3M IM TR Onrw GI:1-0AOn71'e?et "H5r:6Y4 9? i?,yt /W NON-UNIRNM COVENANT'S. Batnwer sled Linder ftttther awww am as= as follows: Bart+22- bad d ' Lender hall gle nakee to Box rowan ?• to , ," gAWWbZ WW's mt Or + In fib Secarlty Instrument. (bat not ? antde ttt IN ]S tu d rotlry iiorl?rr ot; amps steer tl? (a) tie iaw Pty Mllsrwilee). Leanie? allwtl the ti M MW be ddmdt; (b) the odim m9gi+ad to eat the ddltrlt; (c) wbm MW* awd (d) tint f UMM b MM the ddM* m spdied nniy raau in aecebgradus or tie same set as I by dkk am-lity babWoew, ror>DClat?rc by and ask or dho Pmpeety. ILeader sia¦ rErthm h km B"Towrr of the dam to eeielladc ailer nceduutim ad lbc lil¢tt leavert In t!e fioredewt+s P''a0e tllt attic d a deceit sr aq elYer defeaee of Barswwet to accalu tim fwd 1Raaa 'mu*. W the ddw* b nal cured m sPedQed, [.arder at Its '1vt WSW - Mal mPd I"t MMY gene m--M-- e p WNW i~ Alf of ale haters seoaee0 by this tie Ity holimment wMMM ?? to ?a ate h wince thk 8amly biu&wment b7 judhM Fede pe?oooed , r ?j be but a?et fhdhd In perwailg tie a+enae ass pnovlded In this sloetluR ?!y, ltttawllag, W6 ReIRUM to, attorneys yens and clans cf Mb av)daaee to tie =town paradttad by App§uM* Low. and the co ? Upoa pgytstatt of A wws aec+tt?ed by this Sacwity Imsirxunalt, dies Seratrity Tnstrummt ?Afh convcycd aha111mait? w d beaane void. Aft a aid oeemrta,ce. Lender atdl discitetl?c and Smwity Ineedtamett. Batmwer of WI Pay any teotxdotion anus Leader RUY clurga Bottbw cr a fee for tcleadeg dde $ww* L>dt unot. but only if the fee is paid to it Third party for scrvk= tctdcrad and the charging of the fee is pmragW wader Apptieabie Low. Zd. Wativem T OMMer. to the extent permitted by Applicable L.aw, waives and rdeam my cam or defects is prooeediw to eetoeoe this Scatrity Instne unt. and bemby waives the benefit of any Tim or utum fla tier MM for atxty of exactlbon. COCU tion of 1ww. "aapticm front attachment, levy anti sale, and 2L Reiaatahmment Perle . Bormwoer's time to Tcifttwe provided in Soction 19 ,Ad cx&W lt? tine bw prier to rite corn mencumnt of bidding al a ;dmdf7" s sale nr other &* twxuant to this Swi ity Italrummt 2L Ynreime Money Mortgage. If say of the ddx sa=W by this Socurity ladrm ncnt is lent to Bonner b algWm dde to t>w: Pmpctty abbe Socurby lasq t raw "I be a ptttdase money mxlpgc. Z7. Inteaid PAU Anta1r JodVm=L Donawa agraes Mat the intcae trate yable afta a jadgtnmt is ooteR d as the Note err in an actLm of axrelgagc faaaxlosarc shall be the rate k fma dree to time under the Note- YLVAI,HA. 41*e F-ily-F-we Ptmwfvd1ae1?ast UNWMM tWttMUWffjT ITEM 2x001.141MI)--Ilia f fjw. 14 df 14 nnltrtI Porn JM IA11 ro tidr G1:1a01?6ap.+plRf:; tires. CfO?r MW BY S11311 M BELOW. Btxrawer =Cpta and aR to he mm, ,o,d W"L srtts h onl?aarJ in isag?a I ttuough 16 of thia Sectrity L,?nUrnent and is my Rider cxmMod by Ba mower hmW mcorded with i,. MARGARET K OWN (SM) - (Seal) Ekrrowvr -Ba(.m?wr, (Sell] (Sesd) RCSTUPW wimp; (Seal) Birmwrr wibms: P""LVANIA-4iaRya hm7 1e MsdFMdAv afole 14W(MM ffanUlMW4T ITEM 7, MK I O (al I)-.MMM 'Pow l3 a/Idolmr F-M -M R Iffil 79tU!'D To de,r W: f.dpp-ewom r:Fa; ft Smeof AA Cmmty Of CUkOERLAND ON this die Z b#" dJty Of .? I 72 e o 7 . before me, the ut=; L otfcmet. prnottatly VPcmwd MMARET K MM kno" to me (Or EdWaet dly k weed) to be the pcm)W%) whost 7carcr?(s) /S .vAmmbed to die within ittetnaoent and aftowledoW that .SE7 f the sarac for the Puc1 dmvin cmtoinmL IN WI T 4M WHMU30F. I hemuWo stt my hood nod official natl. i rnlta RdOfncer My am n6mion czpittx: ???PWariUAtrM A *^M ?UBl1G M hRm rm.. w1awq pplNV7Y my OOmm"K W --'. aW S. X10 CMTWICATE OF I. Book T&Acw do kn*y owify do dio oogat of the within nanbW lender is 46M CONMENCE WAY SOi1TH, 80Cd1 R+hTM' F'LpRplk ? Wlumm coy tuna thaa 19th day of -% 'JW 2097 Ag m,tl 7A71der '**" LVAMA-$jW* ftfflo F1eah rA.Tj dk M.,e taYtFOB N tPlJ7 RlJ71lkNr nEmrmm,te lmin art"es N3cgr 10 a l6 Ftre? aa? tlpJ I pr9c+r7 T*3'6wcm:racFSio r11rs""'Yb• Certh%ft bf Resideuce ', Mark Iverson 140 hereby certify Oat the precise address of the wmb,-nsmed Mortgagee is /vets P.O. BOX FL W 12026 Witness my hand this 17th day of August, 2007 Mark IMSOn, Agent of Morgnm CO.TDOMNWM RIDER THIS CONDOMMI M IUDER is mm& this 19th day of JtW 2007 mid is iIl00gx r>< Cd into aad siaril be III named k artic d ad xuppkyiletlt the Mort W Decal of Trum, n Security Dead (thc "Soctuity Inls>t~ uml") of the !uRme date given by the unde ipo (dw "Rotmwer") tor seems Botrvwa's Note to FIRST NLG FINANCIAL SMMES, LLC, DBA THE LERDIpIf' CENTER (Ihc "[.coder") of the same dart and W Ming the Propcay dmAtied in the $*writy iTNa nM)anl and ktc de d at. 833 QLO SILVER SPRING RM PA 17055 l 10n"y AM--%I The PROPe 1y inclade s a unit iR. together with au m ividcd rottenest in the exxnnton clawm1q, of. a crndoZnbitimn project known as: iNwmWe ALNLrrr?k+m'AwVL'nLASt'?kol (the "Caadomiltim Project"). If the owncM MM1,rntim or other airily whidn nas for the Canaduminium IRMO et (the "Owning Amodotim") hokU silk: to property for the bareM or wft of its members nr Ameholdexs. the Property abo inchrelelc Bom wer's interest in The Owings Amocyuion six! the trees. pateaeds and babefiia d&fnowa's iniQCt. CONDOWNI UM COVENANTS. In addition to the Covenants and agreemcaats mark in the Saattity lnstnunm. Borrower aid Lmdlr tfWdw evvemat and agree as follows: A. Co2d=3Yaftt OUIVAooa. BM)wa sbd11 peaf s all of Bonuwer'z obfrgatiotts tinder dic Condm iai PmjaA's Con,timmi Doaunasa. The -'Cmistitmi Dnemnn=z- arr dw (1) DeCkUll " or troy outer dacuraW wfich cues dte Condon& ium Project: Gi) by-hm-v (iii) code of nrnlabow and (iv) vitas egsivaknt documents. Borrower shed ltampily pay. w17dt drro, all dues and ssseancots hralaoncd put Baal to rife Cotrs omm ooe urnamr;. R. 1P!'Oparl7 i Ar- So long M the. Owners. Assocbuion roaitnainx. with a ge nendly WORWed metln=C Cartier, A " mils W ex '14=ket" pOlky ON the Condon irniurn Project' which iF satisfaexory to L Mdar and whiidi provides iram mrc a covenige in the nmotaata (nx*ding deducdbk kvcla), far the periods. mad agaitrtrt lens by rife. Uzmdt included withirt the tcTrn ' cataadod covmr-" and any odler hsratds, inchWinge. but not Iii drw to. etrthgwkcs raid floods. frtxn which Locndcr mquitles iiuatxa m. thm. 0) Lunde[ waives the provision in Section 3 Rx the P'er'iodic Psyrraratt is Lender of the yearly (rnenthn ittstalirnew for property insuroacc on tine Propciv; and (ii) Sonvww's obligation tinder Se lice 5 to ninirnain Arnperty irasnm= cnversge on tine Property is deaunetd ealil6ed no the extent then the mqueed a7ve rage is litovided by the Own= Association p4Iic-y. What Gander eetpdtft m a condition of this waiver Om cbaW datrang the tam of the kzui. Beroor W shall Sivc Leader peornpl notice or any lager in required property inrtMice covaW rmvMW by the tumler or blanket policy. In the even of a ehstribtsiou of ptoptaty itts mnm pMCM& in Btu of rtssoratiatt or Twair folk)wing a kas to the Property, whedter to the unit nr to wrmnon cltnt:nLs. my procOak payable to Borrower ante hereby aaarPM and Awl be paid to L?-rdcr for application to the Bums mLwm by the SeelOY I1ttisttMM11. Whadw fir iW then dire, with the cacess. if Any. paid to $orrowcr. .r1t1LTllT7' IX CONDOMMUM RRfRR-Mrq* Family, -Me..k tw..rt k We rraiWT M AvsTarn V" Fare mint I/ot ITEM 1Btal Mel J) (Page ! ev'l "PS) To Oder WR i4nr 3304n ` FGRE L .tND 0 1aIT SM 11tl1 r 19321 MAW C. POW Lldf#lly T<esormeoa. Sotmwer wkan take ortch acrkm% its ,mesa be mxwwkk h) inatat that the OwnM Aaaaciation MniNaint: a pobAC liability inaaramo policy acuq?t:tbiC a? fewm. armamt, and extent of Lwougc to Lender. i). emwe:qmeda. 11?c pmccal.+ of any awatu or claim for d.8m. dirats or atnaoquemiaL payabk to BortOWW in connection with any c oodmwntim (w other taking or all or any PWt of tic RqPctn wbd w Of the rust Of Of the «anrtwtt dartents, or for any cunveymmm in lira of coeederartation, Me hee+eby otlipted and sheds be paid to Lardor: sue], pnnaoode "I] Be applied by Leader o the earns seemed by the Security lmvrtarM at? provided in Suction 11. F. Lender's Prim Ct?oerat, Bonywer "I no. except after voice to Lender ant1 with Leader's prior wri"M ooasettt cidW 11111*iov or subdivide the Property or conternt to: (i) the .tttandoornem or tantirmtion of the Coudomini am Promxt. czeept far abrndonmeni or teamination ttitryRCd by latw is the case of atr<reaantial dc*Wion fry fire or Odor CORMy or in the ere of a Wring by cooda node a or exmintmt domain: ($) " tltuardmeM to any ptovi3km of the C xLgAtuem Docutum s it the ptovi..woe is rur the expnen hene eit of Larder: (iii) termh atim of prole mkml, awanaentent add ¦mmt>pdon of self-rotat*cro tt of the Oumax Axweiatiem. or (iv) any action which would have the ofract 4 eendeting the public liability imtlintce coverage rmeitm lacd by the Owners Amociadon unacceptable to Larder. F. .Remodk& W Borrower does not pay condominium duo and its when dtm that bender rosy pay them. Any amomwLst dWmrrcd by Leader std- this p wagraph F Awl become addiTitvtal debt of Boaower scud by the Security inmatttneni. tTnlmx BamrwQ ape Lender agm to d1w kvmd of payreen[, therm: mounts aball hear mksext from the date of diA xwjoncnt AL the Note rate turd shall be payable. with i wma. upon notice from Larder to Borrower tegtrorting Imymed- BY SIGNING BELOW, Bomvwer tttt-epis wid sgrecs to the tenna and pn?vidws ctnltaitled in pages I antd 2 of this Caudorainitrn Rider. %Mood MARGAWT K ORIVER B xner (Seal) ISwnnw!r (Scat) lkw n mrr -(SW) tkvmw4rr (Scat) - (Seal) HOMMIT Utli1?? "I ft" LOAN 1MSigaat! us Ihe°rdirmw MUL'CI.RTA M COMMM M M BWER-SLtr)e Flawji --try MadYh aft Mw VNIFGRM tl Tjkt"ffff V?M= 3146 LRI twu 1s' Past 1 cfl pegral t? f roaebf CA , YBD.s>O.)?FbR61 L tr81 u+r?rt F--_btle guaanty terry SCHEVULE A (=* ed) File No. PA-07-24290 Cornmitrnent No. PA-0724260 LEGAL DESCRIPTION ALL THAT CERTAIN Unit in the property known, netted and idengW in the DecleWion referenced to below as "Walnut Villas Condominium" located in the Borough of Mechanicsburg, County of Cumberland, Cortmtomvwkh of pert heretofore been subd pursuant to the naylvania, which has Condominium Act, 68 PA.Cons. StatAnn. SS3t0ew{? Seq. of the Pennsylvania Uniform recording in the Offices of the Recorder of Deals of Curnbarbnd County, Ste' sylva by the ,of a Declaration Of Condominium dated July 30, 1985, and recorded on nA?uQ1 NS, in Miscellaneous Book Vol_ 308, page 147, which Declarston of Condominium dated December 31, 1985, and recorded on December 31, 1985, in the Mbreesaid dace at Miscellaneous Book 313, page 133, and ftattter amended by a seoond Amendment to Dukration of Condominium dated March 23, 1987 and recorded on March 27, 1987, in the aforesaid ofgC6 at Miscebneaus Book 331, Page 933, and further amended by a Third Amendment to Declaration of Condominium dated June 12, 1987 and recorded on June 12, 1967 In the aforesaid otfim at Miscellaneous Book 335, page 283, being and designated in such Declaration. as amended by such First Amendment and Second Amendment and Third Amendment as Unit No. 833 as more fuNy described in such Dom, as amended by such First Amendment and Second Arralndment and Thud Amendment together with a proportionate undivided interest in the Common Elements of such Condominium as set forth in such Declaration as amended by the First Amendment and Second Amendmem and Third Amendment and any further arnendrnents thereto hereafter recorded in the aforesaid office, Being the same premises which Roy W. Driver and Alice M. Driver, husband and wine, by deed dated 8/1211997 and recorded 8113/1997 in Cumberland County in deed book 102 and ge pdi 794, then granted and conveyed to Margaret K. Driver. Parcel: 18-22-0519-01.-"833 ALTA CWM*nent SdIWUW A P&Wboacq 0 BALLOON NOTE (Fixed Rate) 0 THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE. PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE. LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIMIt. YOU WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU MAY OWN, OR YOU WILL HAVE TO FIND A LENDER., WHICH MAY BE THE LENDER YOU HAVE THIS LOAN WITH, WILLING TO LEND YOU THIt MONEY. IF YOU REFINANCE THIS LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR ALL OF THE, (: ,08ING COSTS NORMALLY A'SS'OCIATED WITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SADIE LENDER. July 19, 2007 PLYMOUTH MEETING PA [Dale) [city] (Smte t 833 OLD SILVER SPRING ROAD MECHANICSBURG, PA 17055 (thWny Adthm) 1. BORROWER'S PROMISE TO PAY In return fora loan that I have received. I p tumi •.c: to pay U.S. $ 74,000.00 (this atnount is called "Principal"), plus interest, to the order of Under. Lender is FIRST NLC FINANCIAL SERVICES, LLC, DBA THE LENDING CENTER I will make all payments under this Note in the form of cash, check or money order. I understand that Lender may transfer this Note. Leader or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 9.2500%. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I %vill make my monthly payments oa the 1st day of each month beginning on September 01, 2007 I will male 01= payments every roach until I 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 drug date and will be applied to interest Ix:fore Principal. If, on August 01, 2037 , I still owe amounts under this Note. I will pay thos amounts in full on that date, which is calked the "Maturity Date." I will male my monthly payments at FIRST NLC FINANCIAL SERVICES, LLC, DBA THE LENDING CENTER 4680 CONFERENCE WAY SOUTH, BOCA RATON, FL 33431 or at a dil ere t place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U. S. $ 585.09 MUI.TtWATG BALLOON ICED RATE NOTE-Single: Fundly-•-Famle Mac UnKtA 1n instrument Form 32(+01/01 GMATWID ¦ ITEM 4048L1 (0011) (Parse I of 3 pages) To Orderlat 1-000•SX-M V Fax.616.771.1131 5203701565 100195910005003326 yy? sI !?? I F-1 • • 4. BORROWER'S RIGHT TO PREPAY THIS SECTION IS SUPERCEDED BY THE ATTACHED PREPAYMENT RIDER. I have the right to make Payments of Principal ??t tiny time before they are due. A payment of Principal only is knovm as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a paaymcnt as a Prepayment if 1 have not made all the monthly payments due under this Note. I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use; my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued avid unpaid interest on the Prepayment amount before applying my Prepayment to reduce: the Principal amount of this Note. If I matte a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a lane. which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charge collected or to be collected in connection with this loan exceed rite permitted limits, then: (a) any such loan charge shall be rexduccd by the amount necessary to reduce die charge to the permitted limit: sand (b) any sums already collected from me that exceeded permitted limits will be reftnded 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. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of Ten calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000% of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (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 m 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 nil lie interest that I owe on that amount. That date must be at least 3() days after the date on which the notice is malted to me or delivered by other mews. (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 twill 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 immediately 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 exaunple, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method. any notice flint must be given to me under this Note will Itic given by delivering it or by mailing it by fast 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 mailing it by first cla- ss 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. 8. OBLIGATIONS OF PERSONS TINDER THIS NOTE If more than one person signs this Note, each person is tinily and personally obligated to keep all of the promises made in this Note, including the promise to pay the till :nnount 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. sturety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of m may be required to pay all of the amounts owed under this Note. Form 3260 1/01 OREATIAND ¦ IT&A 419SU (0611) (Aare 2 -f.7 pag-) To aa,;ra?Ir 1,700.53)-9M3? tFst Gf5•T1S•1131 W-0 • 0 9. WAMRS I and any other person who has obligations under this Note waive the rights of Presentment and Notice; of Dishonor. "Presentment" meats the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonue means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. (TN1FORhi SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage. Deed of Trust. or Security Deed (die "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses that might result if I do not keep the promises that I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owc under this Notw Some of those conditions revue as follows: Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests tnuusferreh in a bond for decd, contract for deed, installment sales contract or escrow agreement. the intent of which is the transfer of title by Borrower at a future date to a purchaser. If :ill or any part of the Property or :ury Interest in the Property is sold or transferred (or if Borrower is not a natural person and a be ieficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sutras secured by this Serurity Instrtuuent. However. this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lander exercises this option, Leader shall give Bonrnver notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is give[ in accordance with Section. 15 within which Borrower must Ixty all sums 3euro d by this Security Instrument. If Borrower fails to pay these suns prior to the expiration of this period. Leander may involve any remedies permitted by this Security Instrument without further notice or demand on Borrower. Borrower has executed and acknowledges receipt of pages 1 through 3 of this Note. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED 9?2 a4.@r n ??kw;i_ (Seal) (Sea]) MARG ET K DRIVER Boxroenr B?un>,.er ITSM4049L3 (011) -(Seal) f1mrt er _(S=1) IIaraVer Y41THOUT RECOURSE, PAY TO THE ORDER OF FIRST NLC FINANCIAL SERVICES, LLC stev". ft ? ry (Pn?r 3 4!0 p1knes) (Sc,d) -B.lhnver -(Seal) •Bormtver (Sign Original Onlrl roan 3260 Uor OREATLAND ¦ To OrGaC]0 1•x0•5:)?7EiT?.Fai 616-791.1131 Ocwen Loan Servicing, LLC P.O. Box 785063 =Oi Orlando, Florida 32878 -506 O C W E N (Do not send correspondence July 31, 2009 3 or payments to the above address) www.OCWIN.COM VIA First Class Mail VIA Certified Mail (return receipt requested) Certified Number: 71069017515127796743 Reference Code: 0907 Margaret K. Driver 833 Old Silver Spring Road Mechanicsburg, PA 17055-0000 Loan Number: 6365084 Property Address: 833 Old Silver Spring Road, Mechanicsburg, PA 17055-0000 PLEASE SEE THE ENCLOSED DOCUMENT ?)(h 11 b 11 4+ tipw 1 DAC7'91.13 This communicat om a debt ollect attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt :............ I Ocwen Loan Servicing, LLC o .......... ' Orlando, Florida 32878 -5063 July 31, 2009 P.O. Box 785063 O C W E N (Do not send correspondence or payments to the above address) WWW.O('W1 N.(QM APPENDIX A ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intend to foreclose. pecific information about the nature of the default is provided in the attached page The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home This Notice explains how the program works. To see if HEMAP can help you must MEET WITH A CONSUMER EDIT COUNSELING AGENCY WITHIN THIRTY (30) DAYS OF THE DATE OF THIS NOTICE, Take this Notice with you when you meet with the Counseling Agency The name. address and phone number of Consumer Credit Counseling Agencies serving your County are listed at tti a of this Notice. If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing an call (77) 780-18691 This Notice contains important legal information If you have any questions representatives at the Consumer Credit Counseling Agency may be able to help exDlain it You may also want to contact an attorney in your area The local bar association may be able to helli you find a lawyer LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DEUCHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRiBA. USTED PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIM R SU HIPOTECA. HOMEOWNER'S NAME(S): Margaret K. Driver PROPERTY ADDRESS: 833 Old Silver Spring Road Mechanicsburg, PA 17055-0000 LOAN ACCT. NO.: 6365084 ORIGINAL LENDER FIRST NLC FINANCIAL SERVICES, LLC. DBA THE LENDING CENTER CURRENT LENDER/SERVICER: OCWEN DAM1.13 This communication is from a debt collector attempting to collect a debt, any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt . Ocwen Loan Servicing, LLC P.O. Box 785063 O' Orlando, Florida 32878 -5063 O C W E N (Do not send correspondence or payments to the above address) VJWV1'.OCWF;N.C()M HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH AN AV YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under-the Act. you are entitled to a temporary stay of foreclosure on y.,ur morttaee for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "faCcAo-face". meetinc• with one of the consumer credit counseling ag 1encies listed at the earl of this Notice. THIS ?` *• 7?G MUST 111 TIl\ OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE TO DATE THE PAR OF THIS NOTICE f e r i F "HOW TO F YOUR MORTGAGE DEFAULT" EXPLAIN HOW TO BRING YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling ageo?iec for the comply in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting ai complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). DACI'91.13 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt 4 1 Ocwen Loan Servicing, LLC P.O. Box 785063 O; Orlando, Florida 32878 -5063 o c w E N (Do not send correspondence or payments to the above address) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring its e) WWW,0CWI3N.CQ1M NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 833 Old Silver Spring Road, Mechanicsburg, PA 17055.0000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 2 payments in the amount of $ 675.29 from June 01. 2009 through July 31. 2009 DETAIL SUMMARY : Principal and Interest ................................. $ 1,085.06 Interest Alrearage ..................................... $ 0.00 Escrow .................................................. $ 265.52 Late Charges ........................................... $ 108.52 Insufficient Funds Charges ........................... $ 0.00 Fees / Expenses ........................................ $ 1,143.66 Suspense Balance (CREDIT) ........................ $ 95.72 Interest Reserve Balance (CREDIT) ................ $ 0.00 TOTAL DUE .......................................... $ 2,507.04 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,507.04, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by Money Gram Cashier's Check, Certified Check or Money Order made payable and cent to; OCWEN P.O. BOX 6440 CAROL STREAM, IL 60197-6440 IF YOU DO NOT CURE, THE DEFAULT_- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon Xgur mortgaged properh IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (39) DAY period, you will not beer quired to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have he right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paying the total amount then past due ygquirements under the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF' SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the servicer. DACT91.13 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt Ocwen Loan Servicing, LLC P.O. Box 785063 0 Orlando, Florida 32878 -506 O C W E N (Do not send correspondence Name of Service OCWEN 3 or payments to the above address) W)?a OCWETI CC)M HOW TO CONTACT THE SERVICER: Address: P.O. BOX 24737 WEST PALM BEACH, FL 33416-4737 Phone Number. 500-310-9229 Fax Number: 407-737-6300 Contact: Performing Collections Dept. EFFECT OF SHERIFF' AL - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or h: may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE (3) TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGE E CISERVING YO R O iNTY DACr91.13 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt VERIFICATION Ilana Zion, Esquire hereby states that she is the Attorney for the Plaintiff in this action, that she is authorized to make this Verification as the Plaintiff is outside the jurisdiction of the Court and Plaintiff's verification could not be obtained within the time necessary to file this pleading, and that the statements made in the foregoing Second Amended Complaint in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsification to authorities. SHAPIRO & DENARDO, LLC BY: Ilana Z" n, squi e Dated: ?t?b (`09 Attorney or aintiff OF 2009 OCT -2 AM 10: 25 COUWly Vt46 e- c-rlo c?c S3 a7'? -3r 30 Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor FILED-OFFICE OF THr- ? '?!(? '?y?l l 2009 OCT -7 Pik 3: 22 -- r l7ty' ; Y r C- 11:1' MTG Finance, LLC vs. Margaret K. Driver Case Number 2009-6570 SHERIFF'S RETURN OF SERVICE 10/06/2009 06:56 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 6. 2009, at 1856 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Margaret Driver, by making known unto Margaret Driver, personally, at 833 Old Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055 its contents and a the same time handing to her personally the said true and correct copy of the same. 10/06/2009 06:56 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 6 2009, at 1856 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Occupants, by making known unto Margaret Driver, adult in charge, at 83: Old Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $53.00 SO ANSWERS, October 07, 2009 R THOMAS KLINE, SHERIFF De ty her if v' SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036393 MTG Finance, LLC PLAINTIFF VS. Margaret K. Driver DEFENDANT ; COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-6570-CIVIL TERM PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification to the Complaint in the above-captioned civil action. Respectfully Submitted, SHAPIRO & DeNARDO, LLC 6'_? BY: Christopher A. DeNardo, Esquire Attorneys for Plaintiff MTG Finance, LLC v. Margaret K. Driver VERIFICATION The undersigned is Authorized Signer of Ocwen Loan Servicing, LLC on behalf of MTG Finance, LLC and as such is familiar with the records of said corporation, and being authorized to make this verification on behalf of Plaintiff an officer of the corporation, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Ocwen Loan Servicing, LLC on behalf of MTG Finance, LLC Name: Johnna Miller Title: Authorized Signer 09-036393 - r G4 . 11t{1T1Y ,r_ { 2009 NOV - 4 Pig 2: 4 8 PE",J SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I. D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036393 MTG Finance, LLC PLAINTIFF VS. Margaret K. Driver DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:09-6570-CIVIL TERM PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES Enter Judgment IN REM in the amount of $92,826.05 in favor of the Plaintiff and against the Defendant, for failure to file an answer to Plaintiffs Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plaintiffs damages as follows and calculated as stated in the Complaint: Principal of Mortgage Debt Due and Unpaid $82,230.07 Interest at 7.045% from May 1, 2009 to November 6, $3,015.30 2009(190 days @ $15.87 per diem) Late Charges $135.65 Escrow Advances $3,082.75 Appraisal Fees $111.00 Suspense/Unapplied Balance ($110.22) Title Search Fees $250.00 Attorne Fees & Costs of Foreclosure $4,111.50 y TOTAL BY: $92,826.05 ?. Michael J. Clark, Esquire Attorney for Plaintiff AND NOW, judgment is entered in favor of the Plaintiff pd against th efendant and damages are assessed as above in the sum of $92,826.05. o. Prothy. 09-036393 U519 NOV --9 Ail 11.31 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I. D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036393 MTG Finance, LLC PLAINTIFF VS. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-6570-CIVIL TERM Margaret K. Driver DEFENDANT NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Margaret K. Driver DATE OF NOTICE: October 27, 2009 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tomado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tat servicio, vaya en persona o Name por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Margaret K. Driver, 833 Old Silver Spring Road, Mechanicsburg, PA 17055 Christopher A. DeNardo, Esquire Shapiro & DeNardo, LLC Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036393 MTG Finance, LLC PLAINTIFF VS Margaret K. Driver 833 Old Silver Spring Road Mechanicsburg, PA 17055 DEFENDANT STATE OF: Florida COUNTY OF: Palm Beach COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 69-?5,--7o C,s`I 4cfAt AFFIDAVIT OF NON-MILITARY SERVICE THE UNDERSIGNED being duly sworn, states that he/she is over the age of eighteen years and competent to make this affidavit and the following averments are based upon investigations made and records maintained either as Plaintiff or servicing agent of the Plaintiff and that the above-captioned Defendant's last known address is as set forth in the caption and they are not in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended. Ocw 7ZE: ling, LLC o a TG Finance, LLC By: . Johnna Miller TITLE: Authorized Signer Sworn to and subscribed before me this day of 09. , Notary Public 09-036393 NOTARY PiBI,IC.STATF OF FLORIDA Cornm_s.,fo_? #L1)91?607 "?pires? J UL.Y 30; X013 BO.N-DF,D T RL: ATr tYj-,C aow:x -C. SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I. D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036393 MTG Finance, LLC PLAINTIFF VS. Margaret K. Driver DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-6570-CIVIL TERM CERTIFICATION OF MAILING NOTICE UNDER RULE 237.1 The undersigned hereby certifies that a Written Notice of Intention to File a Praecipe for the Entry of Default Judgment was mailed to the defendant (s) and to his, her, their attorney of record, if any, after the default occurred and at least (10) days prior to the date of the filing of the Praecipe. Said Notice was sent on the date set forth in the copy of said Notice attached hereto, October 27, 2009 to the following Defendants: Margaret K. Driver, 833 Old Silver Spring Road, Mechanicsburg, PA to Christopher A. DeNardo, Est uire for Shapiro & DeNardo, LLC SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I. D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036393 MTG Finance, LLC PLAINTIFF VS. Margaret K. Driver DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:09-6570-CIVIL TERM CERTIFICATE OF SERVICE I, Michael J. Clark, Esquire, Attorney for the Plaintiff, hereby certify that I have served by first class mail, postage prepaid, true and correct copies of the attached papers upon the following person(s) or their attorney of record: Margaret K. Driver, 833 Old Silver Spring Road, Mechanicsburg, PA 17055 Date Mailed: SHAPIRO & DeNARDO, LLC BY: Vvf) / L. Michael' J. Clark, Esquire Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I. D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036393 MTG Finance, LLC PLAINTIFF VS. Margaret K. Driver DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:09-6570-CIVIL TERM CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor (Plaintiff) is: MTG Finance, LLC c/o Ocwen Loan Servicing, LLC 1661 Worthington Road West Palm Beach, FL 33415 and that the last known address of the judgment debtor (Defendant) is: Margaret K. Driver 833 Old Silver Spring Road Mechanicsburg, PA 17055 SHAPIRO & DeNARDO, LLC BY: V Michael J Clark, Esquire Attorney for Plaintiff 09-036393 1 i T f 'Y t, ????('4 7 2009 €'10 V -9 Sri 1 I : J2 1 H.4;te t d- /K, u,ie-? OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Curtis R. Long Prothonotary TO: Margaret K. Driver 833 Old Silver Spring Road Mechanicsburg, PA 17055 MTG Finance, LLC PLAINTIFF VS. Margaret K. Driver DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-6570-CIVIL TERM NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the ve r di as indicated below. Z?furtis Prothonotary [XX] Judgment by Default [ ] Judgment for Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY MICHAEL J. CLARK, ESQUIRE AT (610)278-6800. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Fl~Q-r ~_ ~'F ..E ~'~,_ sheriff sJ~ THE ~;~^ ~ ~11~,.~;?A,Ry ~4~~,tv 0t ~unrbcr~~d Jody S Smith ~;..~, . Z~J~ ~}~~~ -4 ~ ~~ ~ ! Chief Deputy "~ r k,~~~ ., Edward L Schorpp ~-° ~ "~ , Solicitor aF~rcE ~~ -H~ ~HER(FF Ci.~~~ z_..=~+, wi.1 ~~~vi~TY P~h1~v`S a';rVF't~diA MTG Finance, LLC vs. Margaret K. Driver Case Number 2009-6570 SHERIFF'S RETURN OF SERVICE 12/18/2009 08:45 PM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on December 18, 2009 at 2040 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitied action, upon the property of Margaret K. Driver, located at, 833 Old Silve Spring Road, Mechanicsburg, Cumberland County, Pennsyivania according to law. 12!1812009 08:45 PM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on 12/18/09 at 2040 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Margaret K. Driver, by making known unto,Margaret K. Driver, personally, at, 833 Old Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 03/02/2010 Property sale postponed to 6!2/2010. 06/01/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Michael Clark on 6/1/10 SHERIFF COST: $868.15 June 02, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF . ~ (ti~~r ~ ~' ~~~ a ,~ ~y3~~d (c1 GountySuite Sheriff. TeleosoH, Irtic. SHAPIRO & DeNA1~D0, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036393 MTG Finance, LLC PLAINTIFF VS. Margaret K. Driver DEFENDANT COURT OF COMMON PLEAS CNIL DIVISION CUMBERLAND COUNTY NO: 09-6570-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 MTG Finance, LLC, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 833 Old Silver Spring Road, Mechanicsburg, PA 17055. 1. Name and address of Owner(s) or Reputed Owner(s) Margaret K. Driver 833 Old Silver Spring Road Mechanicsburg, PA 17055 2. Name and address of Defendant in the judgment: Margaret K. Driver 833 Old Silver Spring Road Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: MTG Finance, LLC c/o Ocwen Loan Servicing, LLC 1661 Worthington Road West Palm Beach, FL 33415 Walnut Villas Condominium Association 212 N. Third Street Harrisburg, PA 17108 f 4. Name and address of the last recorded holder of every mortgage of record: MTG Finance, LLC, Plaintiff c/o Ocwen Loan Servicing, LLC 1661 Worthington Road West Palm Beach, FL 33415 5. Name and address of every other person who has any record lien on the property: Mechanicsburg Borough 36 West Allen Street Mechanicsburg, PA 17055 6. Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale: TENANT OR OCCUPANT 833 Old Silver Spring Road Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SHAPIRO & DeNARDO, LLC BY: ~^ Michael J. Clark, Esquire 09-036393 SHAPIRO & I~eNAR'DO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036393 MTG Finance, LLC ~ COURT OF COMMON PLEAS PLAINTIFF ; CNIL DIVISION VS. ~ CUMBERLAND COUNTY Margaret K. Driver DEFENDANT NO: 09-6570-CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Margaret K. Driver 833 Old Silver Spring Road Mechanicsburg, PA 17055 Your house (real estate) at: 833 Old Silver Spring Road, Mechanicsburg, PA 17055 18-22-0519-O1-U-P833 is scheduled to be sold at Sheriffs Sale on March 3, 2010 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00AM to enforce the court judgment of $92,826.05 obtained by MTG Finance, LLC against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to MTG Finance, LLC the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call:(610)278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You maybe able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. ~ ~ 5. If the Sheriffs'Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610)278-6800. 6. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 7. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 8. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 9. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 10. You maybe entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 11. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. ~F YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 09-036393 ALL THAT CERTAIN Unit in the property known, named and identified in the Declaration referenced below as "Walnut Villas Condominium" located in the Borough of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania, which has heretofore been submitted pursuant to the provisions of the Pennsylvania Uniform Condominium Act, 68 PA.Cons. Stat.Ann. SS3101 et seq. (Purdon Supp. 1987), by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration of Condominium dated July 30, 1985, and recorded on August 14, 1985, in Miscellaneous Book Vol. 308 page 147, which Declaration of Condominium dated December 31, 1985, and recorded on December 31, 1985, in the aforesaid office at Miscellaneous Book 313, page 133, and further amended by a second Amendment to Declaration of Condominium dated March 23, 1987 and recorded on March 27, 1987, in the aforesaid Office at Miscellaneous Book 331, page 933, and further amended by a Third Amendment to Declaration of Condominium dated June 12, 1987 in the aforesaid office at Miscellaneous Book 335, page 283, being and designated in such Declaration, as amended by such First Amendment and Second Amendment and Third Amendment as Unit No. 833 as more fully described in such Declaration, as amended by such First Amendment and Second Amendment and Third Amendment together with a proportionate undivided interest in the Common Elements of such Condominium as set forth in such Declaration as amended by the First Amendment and Second Amendment and Third Amendment and any further amendments thereto hereafter recorded in the aforesaid office. Parcel No. 18-22-0519-O1.u-p833 BEING THE SAME PREMISES which Roy W. Driver and Alice M. Driver, husband and wife, by Deed dated August 12, 1997 and recorded August 13, 1997, in the Office for the Recorder of Deeds in and for the County of Cumberland, in Deed Book 162 Page 794, granted and conveyed unto the Margaret K. Driver, in fee. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-6570 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MTG FINANCE, LLC Plaintiff (s) From MARGARET K. DRIVER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$92,826.05 L.L.$.50 Interest NOVEMBER 2, 2009 TO MARCH 3, 2010 IS $2,096.29 Atty's Comm % Due Prothy $2.00 Atty Paid $172.00 Other Costs Plaintiff Paid Date: November 9, 2009 (Seal) rtis R. Long to By: Deputy REQUESTING PARTY: Name MICHAEL J. CLARK, ESQUIRE Address: SHAPIRO & DENARDO, LLC, 3600 HORIZON DRIVE, SUITE 150, KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 202929 On November 24, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Mechanicsburg, Cumberland County, PA, Known and numbered 833 Old Silver Spring Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 24, 2009 By: .~ ~ ~~ Real Estate Coordinator ... (v,.! ~~j~J~~.n;r PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 22, January 29, and February 5, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie SWORN TO AND SUBSCRIBED before me this 5 day of February, 2010 ,, ~' ~ Notary i ~~VGTAR;AL S':AL DEBORAH A COLL,IfJS Notary Public CA2LiSLE 6080, CU.=iSLRLAND COLNTf My Cor ~missan Expires Apr 28, ^^<G10 wnt xo, aoo9-6s~o cis MTG Finance, LLC vs. Mazgazet K. Driver Atty: Ilana Zion ALL THAT CERTAIN Unit in the property known, named and identi- fied in the Declaration referenced be- low as "Walnut Villas Condominium" located in the Borough of Mechan- icsburg, County of Cumberland, Commonwealth of Pennsylvania, which has heretofore been submit- ted pursuant to the provisions of the Pennsylvania Uniform Condominium Act, 68 PA.Cons. Stat.Ann. SS3 101 et seq. (Purdon Supp. 1987), by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaza- tion of Condominium dated July 30, 1985, and recorded on August 14, 1985, in Miscellaneous Book Vol. 308 page 147, which Declaration of Condominium dated December 31, 1985, and recorded on December 31, 1985, in the aforesaid office at Mis- cellaneous Book 313, page 133, and further amended by a second Amend- ment to Declaration of Condominium dated March 23, 1987 and recorded on March 27, 1987, in the aforesaid Office at Miscellaneous Book 331, page 933, and further amended bya Third Amendment to Declaration of Condominium dated June 12, 1987 in the aforesaid office at Miscel- laneous Book 335, page 283, being and designated in such Declazation, as amended by such First Amend- ment and Second Amendment and Third Amendment as Unit No. 833 as more fully described in such Dec- laration, as amended by such First Amendment and Second Amendment and Third Amendment together with a proportionate undivided interest in the Common Elements of such Condominium as set forth in such Declaration as amended by the First Amendment and Second Amendment and Third Amendment and any fur- ther amendments thereto hereafter recorded in the aforesaid office.. Parcel No. 18-22-0519-O1.u- p833. BEING THE SAME PREMISES which Roy W. Driver and Alice M. Driver, husband and wife, by Deed dated August 12, 1997 and recorded August 13, 1997, in theOffice for the Recorder of Deeds in and for the County of Cumberland; Deed Book 162 Page 794, granted and conveyed unto the Margaret K. Driver, in fee. PROPERTY ADDRESS: 833 Old Silver Spring Road, Mechanicsburg, PA 17055. The Patriot-News Co. ' 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c'~I~e ~latriot-News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: M 01/22/10 C~ 01 /29/10 -, 02/05/10 Sworn to subscribed befor m his 4 day of February, 2010 A.D. f _ ~,~ ;. '' Notary Public COMMONWEALTPi OF PENNSYLVANIA d4otaria! Seal Sharpe L. tCisner, ?Votary Public City OE hla'r~bur~; Dauphin County iVly Commissior± Expires Nov. 26, 2011 Member, Pennsylvania Association.of Notaries Dot~cet Number: ~oosi-es~o call Tian MTti Finance, LLC vs. Margaret K. Driver Arty: Ilana Zlon ALL THAT CERTAIN Unit in the property known, named and identified in the Declaration referenced below as "Walnut Villas Condominium" located in the Borough of Mech9nicsburg, County of Cumberland, Commonwealth of Pennsylvania, which has heretofore been submitted "pursuant to the provisions of the Pennsylvania Uniform Condominium. Act, 68 PA.Cons. Stat.Ann. $S3 101 et seq. (Pardon Sapp. 1987); , by the recording in the Office of the Recotder of Deeds of Cumberland County, Pennsylvania, of a Declaration of Condominium dated July 30, 1985,_ and recorded on August. l4, 1985, in Miscellaneous Book Vol. 308 page 147, which Dechuation of Condominium dated December 31, 1985, and recorded on December 31, 1985, in the aforesaid office at Miscellaneous Book 313, page 133, and Earthen amended by a second Amendment to Declaration of Condominium dated March 23, 1987 and recorded on Mazch 27, 1987, .in the aforesaid Office at Miscellaneous Book 331, page 933, and further amended bya Third'Amendment to Declaration of Condominium dated June 12, 1987 in the aforesaid office at Miscellaneous Book 335, Page 283, being. ,.and designated - in such Declaration, as ,amended by such .First Amendment and Second Amendment and Third Amendment as Unit No. 833 as more fully described in such Declaration, as amended by 'such Fast Amendment and Second Amendment and Third Amendt~nt together with a proportionate undivided interest in the Common Elements of such Condominium as set forth in such Declaration as amended by the First Amendment and Second Amendment and Third Amendment and a~+ further amendments thereto hereafter recorded in the aforesaid office. Parcel No. 18-22-0519.O1.u-p833 BEING THE SAME PREMISES which Roy W. Driver and Alice M. Driver, husband and wife, by Deed dated August 12, 1997 and recorded August 13, 1997, in theOffice for the Recorder of Deeds in and for the County of Cumberland; Deuid Baok 162 Page 194, granted and conveyed unto the Margaret K. Driver, in fee. PROPERTY ADDRESS: 833 UM Silver Spring Road, Mechanicsburg, PA 17055: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: O Confessed Judgment O Other MTG Finance, LLC File No. i?Q _ L57? PLAINTIFF Amount Due 92$ ,826.05 Interest November 10, 2009 to Marc 2, 2011 is $8,565.76 vs. Atty's Comm Costs Margaret K. Driver DEFENDANT(S) TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment isafe, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as Amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) See attached Legal Description PRAECIPE FOR ATTACHEMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said gamis;ee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit.----" ` Date: Signature: ?0 44- aY Print Name: Leslie J. Rase, Esquire • Address: 3600 Horizon Drive, Suite 15 0 3 -7 V, S_() C, sq- 18 King of Prussia, PA 19406 Attorney for: Plaintiff s 1q, o o Supreme Court ID # PA Bar # 58365 p c o S r a) nr'n C?'3s' /7 &C / p- ` ?l ?? -gyp r-:z fCL a y Z C-) c D ; Qn tt1 L oa 7) CC) ? N ? -< ALL THAT CERTAIN Unit in the property known, named and identified in the Declaration referenced below as "Walnut Villas Condominium" located in the Borough of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania, which has heretofore been submitted pursuant to the provisions of the Pennsylvania Uniform Condominium Act, 68 PA.Cons. Stat.Ann. SS3101 et seq. (Purdon Supp. 1987), by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration of Condominium dated July 30, 1985, and recorded on August 14, 1985, in Miscellaneous Book Vol. 308 page 147, which Declaration of Condominium dated December 31, 1985, and recorded on December 31,1985, in the aforesaid office at Miscellaneous Book 313, page 133, and further amended by a second Amendment to Declaration of Condominium dated March 23, 1987 and recorded on March 27, 1987, in the aforesaid Office at Miscellaneous Book 331, page 933, and further amended by a Third Amendment to Declaration of Condominium dated June 12, 1987 and recorded on June 12, 1987 in the aforesaid office at Miscellaneous Book 335, page 283, being and designated'',in such Declaration, as amended by such First Amendment and Second Amendment and Third Amendment as Unit No. 833 as more fully described in such Declaration, as amended by such First Amendment and Second Amendment and Third Amendment together with a proportionate undivided interest in the Common Elements of such Condominium as set forth in such Declaration as amended by the First Amendment and Second Amendment and Third Amendment and any further amendments thereto hereafter recorded in the aforesaid office. Parcel No. 18-22-0519-O1.u-p833 BEING THE SAME PREMISES which Roy W. Driver and Alice M. Driver, husband and wife, by Deed dated August 12, 1997 and recorded August 13, 1997, in the Office for the Recorder of Deeds in and for the County of Cumberland, in Deed Book 162 Page 794, granted and conveyed unto the Margaret K. Driver, in fee. V SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036393 MTG Finance, LLC PLAINTIFF VS. ; Margaret K. Driver ; DEFENDANT I 1 FILED-OFFICE Of THE PROTHONOTARY 2010 NOV 16 AM I I' 22 CUMBERL YI.OVN A COUNTY PENN COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-6570-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 MTG Finance, LLC, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 833 Old Silver Spring Road, Mechanicsburg, PA 17055. 1. Name and address of Owner(s) or Reputed Owner(s) Margaret.K. Driver 833 Old Silver Spring Road Mechanicsburg, PA 17055 2. Name and address of Defendant in the judgment: Margaret K. Driver 833 Old Silver Spring Road Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: MTG Finance, LLC c/o Ocwen Loan Servicing, LLC 1661 Worthington Road West Palm Beach, FL 33415 Walnut Villas Condominium Association 212 N. Third Street Harrisburg, PA 17108 4. Name and address of the last recorded holder of every mortgage of record: MTG Finance, LLC, Plaintiff c/o Ocwen Loan Servicing, LLC 1661 Worthington Road West Palm Beach, FL 33415 5. Name and address of every other person who has any record lien on the property: Mechanicsburg Borough 36 West Allen Street Mechanicsburg, PA 17055 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 833 Old Silver Spring Road Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SHAPIRO & DeNARDO, LLC BY: Leslie J. Rase, Esquire 09-036393 FILED-OFFICE SHAPIRO & DeNARDO, LLC OF THE PROTHONOTARY BY: LESLIE J. RASE, ESQUIRE 2010 NOV 16 AM 11: 22 ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 CUMBERLAND COUNTY KING OF PRUSSIA, PA 19406 PENNSYLVANIA TELEPHONE: (610)278-6800 S & D FILE NO. 09-036393 MTG Finance, LLC COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION VS. CUMBERLAND COUNTY Margaret K. Driver DEFENDANT NO: 09-6570-CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Margaret K. Driver 833 Old Silver Spring Road Mechanicsburg, PA 17055 Your house (real estate) at: 833 Old Silver Spring Road, Mechanicsburg, PA 17055 18-22-0519-01-U-P833 is scheduled to be sold at Sheriff s Sale on March 2, 2011 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00AM to enforce the court judgment of $92,826.05 obtained by MTG Finance, LLC against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale you must take immediate action: 1. The sale will be cancelled if you pay back to MTG Finance, LLC the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610)27 8-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the More chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 5. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610)278-6800. 6. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 7. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 8. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 9. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 10. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than. thirty days after the Sheriff Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 11. You may also have other rights and defenses or ways of getting your house back,; if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO. THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLL CTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED LL BE USED FOR THAT PURPOSE. 09=036393 ALL THAT CERTAIN Unit in the property known, named and identified in the Declaration referenced below as "Walnut Villas Condominium" located in the Borough of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania, which has heretofore been submitted pursuant to the provisions of the Pennsylvania Uniform Condominium Act, 68 PA.Cons. Stat.Ann. SS3101 et seq. (Purdon Supp. 1987), by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration of Condominium dated July 30, 1985, and recorded on August 14, 1985, in Miscellaneous Book Vol. 308 page 147, which Declaration of Condominium dated December 31, 1985, and recorded on December 31, 1985, in the aforesaid office at Miscellaneous Book 313, page 133, and further amended by a second Amendment to Declaration of Condominium dated March 23, 1987 and recorded on March 27, 1987, in the aforesaid Office at Miscellaneous Book 331, page 933, and further amended by a Third Amendment to Declaration of Condominium dated June 12, 1987 and recorded on June 12, 1987 in the aforesaid office at Miscellaneous Book 335, page 283, being and designated'in such Declaration, as amended by such First Amendment and Second Amendment and Third Amendment as Unit No. 833 as more fully described in such Declaration, as amended by such First Amendment and Second Amendment and Third Amendment together with a proportionate undivided interest in the Common Elements of such Condominium as set forth in such Declaration as amended by the. First Amendment and Second Amendment and Third Amendment and any further amendments thereto hereafter recorded in the aforesaid office. Parcel No. 18-22-0519-O1.u-p833 BEING THE SAME PREMISES which Roy W. Driver and Alice M. Driver, husband and wife, by Deed dated August 12, 1997 and recorded August 13, 1997, in the Office for the Recorder of Deeds in and for the County of Cumberland, in Deed Book 162 Page 794, granted and conveyed unto the Margaret K. Driver, in fee. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-6570 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MTG FINANCE LLC Plaintiff (s) From MARGARET K DRIVER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the def ndant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possessio of anyone other than a named garnishee, you are directed to notify him/her that he/she has been adder as a garnishee and is enjoined as above stated. Amount Due$92,826.05 L.L. Interest NOVEMBER 10, 2009 TO MARCH 2, 2011 IS $8,565.76 Atty's Comm % Due Prothy $2.00 Atty Paid $1061.65 Other Costs Plaintiff Paid Date: November 16, 2010 (Seal) David o otary By: Deputy REQUESTING PARTY: Name LESLIE J. RASE, ESQUIRE Address: SHAPIRO & DENARDO, LLC, 3600 HORIZON DRIVE, SUITE 150, KING OF PRUSSIA, PA 19406 Attorney for: Plaintiff Telephone: 610-278-6800 Supreme Court ID No. 58365 SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036393 MTG Finance, LLC PLAINTIFF VS. Margaret K. Driver DEFENDANT F ILID-OFF ICE OFTHE PROTHONOTARY 2011 IT 24 CUMU^.., ! ENT`s COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:09-6570-CIVIL TERM CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO PA R.C.P 3129.2 (C) (2) I, Meghan Williams, Legal Assistant for Shapiro & DeNardo, LLC, attorneys for the Plaintiff, MTG Finance, LLC, hereby certify that Notice of Sale was served on all persons appearing on Exhibit "A" attached hereto, by United States mail, first class, postage prepaid, with Certificates of Mailing on December 14, 2010, the originals of which are attached and that each of said persons appears on Plaintiff s Affidavit pursuant to Pa. R.C.P. 3129.1. The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, SHAPIRO & DeNARDO, LLC BY. Meghan Williams Legal Assistant 09-036393 LLJ cr CLL o O co c m A ,,W N w Z r F uj to I y h LL ? (? 1 l O 1 1 a rn?`' Y 0 D NOa c° U 1a ? T T ? /0 c > 4) N l6 Q o l LD t6 C= N E N LL Q` $O E a? c a? o nc O U O U E?E0 p? D ? 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