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HomeMy WebLinkAbout09-8515E McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 L, YARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 HSBC Bank USA, National Association, as trustee for the holders of Deutsche Alt-B Securities Mortgage Loan Trust, Series 2006-AB4 Mortgage Pass-Through Certificates 3 ADA Irvine, California 92618 V. Garrett Decker a/k/a Garrett A. Decker 306 Shatto Drive Carlisle, Pennsylvania 17013 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 0 _ $5M a_tva term CIVIL ACTIONIMORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 CIVIL ACTION/MORTGAGE FORECLOSURE Plaintiff is HSBC Bank USA, National Association, as trustee for the holders of Deutsche Alt-B Securities Mortgage Loan Trust, Series 2006-AB4 Mortgage Pass-Through Certificates, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Garrett Decker a/k/a Garrett A. Decker, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 306 Shatto Drive, Carlisle, Pennsylvania 17013. On May 31, 2006, Garrett Decker a/k/a Garrett A. Decker and Karen Decker a/k/a Karen S. Decker made, executed and delivered a mortgage upon the premises hereinafter described to MERS., Inc., acting solely as nominee for American Brokers Conduit which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1953, Page 3326. 4. On 12/23/2006, Karen Decker a/k/a Karen S. Decker departed this life leaving title vested soley to Garrett Decker a/k/a Garrett A. Decker by operation of law. The aforesaid mortgage was thereafter assigned by MERS, Inc., acting solely as nominee for American Brokers Conduit to HSBC Bank USA, National Association, as trustee for the holders of Deutsche Alt-B Securities Mortgage Loan Trust, Series 2006-AB4 Mortgage Pass-Through Certificates, by Assignment of Mortgage, which will be duly recorded in the Office of the Recorder of Cumberland County. 6. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 306 Shatto Drive, Carlisle, Pennsylvania 17013. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due January 1, 2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following amounts are due on the mortgage: Principal Balance $ 228,476.51 Interest through November 11, 2009 $ 18,657.75 (Plus $53.99 per diem thereafter) Attorney's Fee $ 1,250.00 Late Charges $ 821.10 Corporate Advance $ 330.00 Escrow Advance $ 3,590.40 GRAND TOTAL $ 253,125.76 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands in rem Judgment against the Defendant in the sum of $253,125.76, together with interest at the rate of $53.99 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. ?kG AND CONWAY,P.C. McCABE, WEISBI BY: / .001- / / Attorneys for Plaintif TERRENCE J. Mc B SQUIRE MARC S. WEISBER , ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff, who is not available to sign this, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEIS$ AND CONWAY,P.C. BY: for Plaintiff TERRENCE J. MARC S. WEISBER SQUI EDWARD D. CON QUI MARGARET GAIRO, ESQUIRE 11-17-'09 14;18 FFOM- Ig77Cr l q T-791 P0010/0040 F-933 P^n R'f ? x SUN 7 90 8 2$ Prepared Ely: Eileen Walley 2 West Lafayette Street Suite 325 Norristown, PA 19401 (900) 339-9163 Return To: American Brokere Conduit 520 Broadhollow Road Melville, MY 11747 (510949-3900 Parcel Number: 2907 04 7104 9 IfipmN Above Tub LIat s8r lteanding Dab) MORTGAGE MIN Premises: 100024200013003906 1>Bp1NPC10N'S Words used in multiple sections of this document are defined below and older words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding lire usage of words used in this docr¢nent are also provided in Salon 16, (A) "Saurlly instrument" means this documen% which is dated Flay 31, 2006 , together with all hiders to this document. (B) "Borrower" is Garrett A Decker, Karen Decker Borrower is the mortgagor under this Swurity IuW meat (C) "MFRS" is Mottgaga Bledt'oniC Regtetr dO t Sysrmha, lee. MBltS is a saperats oorporatim dot is acting solely as a nominee for Leader and Lender's shmvessore and waignt MM is the meartVVe utter thk Setwr* fanatrumeaL MFRS is orgouzed and existing under to laws of Delaware, and has an address and wlcpbone number of P.O. Box 20:6, Flint Ml 4$501-2026, tol, (888) 679-MBRS, DOC #;324241 APPL #i0001300390 PEN)4nLvAPttA . Single Famity - Fame a MrHFre"s Mae UNIFORM INffFR(P?AMNT WFM MFRS ft"VA) ice) Foray ppa.s hao`orli uaarz ; VMY alengw 8duaa.t, fm. (8801571• O.1953PG3326 11-17-'09 14;18 FROM- (D) "!Leader" is American Brokers Conduit tender is a Corporation organized and existing under the laws of State of New York Lender's address is 536 Broadhollow !load, Melville, NY 11747 T-791 P0011/0040 F-983 (1) "Note" means the promissory note signed by Borrower and dated May 31, 2006 The Note states that Borrower owes Lender Two Hundred Thirty one Thousand Five ltundrad and No/ion Dollars (U. S. $ 231, 500.00 ) plus interest Borrower has promised to pay this debt in regidar Periodic Payments and to pay the debt in fall not lattr than June 1, 2036 (w) "heperty" tneaas the property that is described below undesr the beading "Traas>er of R.igtte in the Propetrty." (G) "Loan" means tbe; debt evidenced by the Note, plus inteyos , any prepayment elwrges and Jars charges due undtx aw Note, and all sums due under dtis Security Instrument, phis interest. (Ii) "Riders" means all !riders to this Security Imbumeat first are executed by Bortower. The following Riders arc to be executed by Borrower [cbcck boa as applicable), Adjustable Rate Rider Cundominiu m Rider 0 SeWW Home Rider Balloon Rider Platmed Unit Dovciopment Rider 1.4 Family Rider 'VA Rider ED Diwealdy Payment Ruder n Other(s) Crpecify) (1) "Applicable Law" means all controlling applicable federal, state and local scams, regulations, ordinances and administrative rules and orders (that have tit offwt of law) as well as all applicable final, non-appealable judicial opinions. (1) "CosonameW Assecladm Dow, Feet, and Assasmeala" moans all dues, fm, assaments and other chew that arc imposed on Borrower or the Property by a condominitan association, hotaaowners association cr similar orgaiz?aation (I) -EvetrottLe ltaoda'['r'amfor" MWttm any transfer of firms, other torn a truhsactiOn orichuded by check, draft, or similar paper imtmftat wWoh is initiated through an electronic terminal, tutepimde insmusmt, computer, or magnede; tape so as to order, instruct, or authorize a f nanolal institution to debit or credit an account. Such tom includes, but is tWt limited to, paint of-sale trwof?aa, awornated toper nmchine trumcdons, transfers initiated by tttaf?hone, wire transfers, and ammate i clearinghouse ttansfera. (1.)'Tmvw kerns" masts drew items dhat are dwaibed in Section 3. (M) IMInceBaneoes Fraeeeds" tnew any compensatim se#lement, award of 4aaftes, or proceeds paid by any tbird patty (othar asset insurance preecods paid under the eovutages described in Section 5) for. (i) damage to, or desauc ion of, slue Property; (ii) condeattO b or other taking of all or any part of the Property; (iii) conveyance in Hou of condemnation-, or (iv) misrepresentations of or omissions as to, the value and/or condition of the Property. (N) "1lrtortgage IRsurenee" moans ittanranee protecting Lander against the aoapayment of, or default on, the Loan. (0) 'Teriodle Paymeat" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this SomAty Instrument DOC #;324242 APPL #tD001300390 411t-fA(PA) (4M ?z?16 Perm3ON tlei "fit 1953.PG332T 11-17-'09 14;19 FROM- T-791 P0012/0040 F-983 (P) "RESIPA" mead the Real EaMW Settlement Procedures Act (12 U.S.C. Section 2601 at seq.) and its implunrantiggg rftuWtion, Regulation X (24 C.F.R. Pert 3500), as they might be arnended from time to time, of arty sddittamf or mcessor legislaticm or regulation that governs the ware M40011 mallet. As used in this Security Instrmnent, "RESPA" refers to all requireat b and restrictions that are knposed regard to a. "federally related mortgage Ivan" even if the Loan doss not qualify as a "federally related in awap a loan" under RESPA, (Q) "Suceaaaor Iq Iptereat of borrower" means any party that hes taken title to the Property, wbether or not that patty has assumed Borrower' a obligations ceder tho Now andlor this SeAwity Instrument. TRANS,PER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Latdet: (i) the repayment of the Loan, and all renewals, emnsions and modifications of the Note; artd (ii) the perfortrmoo of Borrower's covenants and abrecumM mukr this Security instruntent and the Nov. For this purpose, Borrower does 4ft-* mortgage, grant and convey to MFYS (solely as nomism for Leader and Leader's successors and awiga4) and to the gwcessors and assigns of MMS, tttr: fallowing described property located in the County (TAw of Rac%,N gJurirdimionl of Cumberland INUMV of RMWting 7auWcda,l. moo attached which eurroy has the address of 306 Shatto Drive ( Caslislrs tl C Property Address"): (C+ry), Pennsylvania 17013 IZ4 Cod¢l TOGETMER WITH all the improvements now or hereafter ereotnd on the property, and an eamanaata, appurGdra>ZOaS, and fixRtres aovv or harcaftcs a pmt of the ptaPorty. Ati r?f9 and additions A" oleo ba wvered byy Ihls Seanity lrtstttm?ewt All of tba fora ug tsfarred io in We Security Instrument as ttte "Property." Sarrowar understands and awes that ha[P .s molds otdy Iegai tide to tine mtereals V,*d by Aonower is this Security Ittstrurnetnt, but, if aeceaamy to ooaupiy tWith ksw or cusorx MEn (as notataee for Leader mud Lender' g succosseirs and aegtgos) has the right to exercise arty or all of dme intareete, including, but not Iiraited n, tite tight to foe ealaee and salt the Ptepert? silt m tetra on required of Lander including, butt twt [invited to, relasietg end omtceling tins Setttrtty Ittsuutmeast. DCyt. N:32a293 1'1?t+r, t?:90a130U390 btNW: ftp9 or Eti IFaem 3a3! 1101 U1l t 953PG3328 11-17-'09 14;19 FROM- T-791 P0013/0040 F-983 BORROWER COVENANTS that Borrower is lawfully seined of the estate hereby convoyed and has the right to mortgage, grant and convey the Property and that the Prop" is unencumbered, except for encumbrancos of record Borrower warraals and will dtfsnd generally the We to the Noperty against all claims and dems4ds. subject to any mawnbrsmeas of record, THIS SECURITY INSTRUMBNT combines uniform covenants for national use and ttvn-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real Prop". U FORM COVENANTS. Borrower and Lender eovemot and agree as follaaes: 1. Paytatteat of Pr'IueipaL Interest, lt4aaN Items, lrepaymeat C herpes, and Late ChmWL Borrower shall pay when due the principal of, end inlemst on, the debt r4lerrAd by the Note aW nary prepayment charges and late charges due andar the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security h*rumm shall be wade in U.S. currency. However, if any chock or other ins rumen received by Lander as payment under the Note or this Security Instrument is reWsAed to Lender uepaid, Lauder may require that airy or all subsegwAt payments due under the Nate and this Security Instrument be made in one or mare of the ifollowkw forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or ca bier' a check, provided any such cheek is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer, Payments are deaned received by bender when received at the location designated m the Note or at such other location as may be designated by Leerier is accordance with the notice provisions in Section I5. Lander rimy return any payment or partial payment if the payment or partial. payments are k4ufficient to bring the Loan current. Lender may accept any payment or partial payment itsatnlftcivat to bring the Loan Current, without waiver of any rights hemmder or prejudice to its rights to refuse such paymnC A or partial payments in the Enteric, but Lender is not obligated to apply such payments at the timc such payments are accepted. If each Periodic Payment is applied as of its whoduled due date, titan Lander need pot pay interest on unapplied funds. Lander may hold such unapplied fluids until Borrower makes payment to bring the lm atrrent, If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or rt•.Wtu them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Botmww might have now or in the future apinst Lander shall relieve Borrower from making payments due under ibc Now and this Songity InstrusmW or performing the covenants and agreements scoured by this Security Instruonent 2. Appliestdort of Payments or Proceeds. Except as otherwise described itt this Section 2, all payments aaoeptrxt and applied by Lender shall be applied In the following order of priority.. (a) intavat due under the Note; (b) principal due vodcr the Note; (c) amounts due under Section 3. Such paym mts shall be applied to each Periodic Paym." in the order in which it beoamu due. Any remaining amounts shall be applied first to late charges, second to any other amounts dens under this Semu ity Instrument, and then to reduce the principal balance of the Note. If Lender reetivos m payment from Borrower for a delduluent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the ddinquont paymear and the lam charge. If more than one Periodic Pgns nt is outsraading, Lender may apply my payment w.4ved from Borrower to the repayment of the Periodic Psymunts if, and to the ext" that, each payment can be paid in DOC tl,324244 APPL 0:0001300360 lnmtlr. 444A(PA) Tarp r.,,c a er I5 Perm 343! 1/41 8E1953PG3329 11-17-'09 14:19 FROM- T-791 P0014/0040 F-983 full. To the extent that any excess exists after the payment is t clod to the foil payment of one or more Petiodic Payments, so& excess may be applied to any late charps due. Voluntary ptepaymcma shall be applied first to any prepsyment: charges and them as described do the Now, Any Application of payments, insure ve p woods, or Miscall nxm Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower ehall pay to Lender at the day Periodic Payments are due under the Mote, until the Nate is paid in %11, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain p6otity over this Security Instrument as a lien or encumbrance on the Pro"; (b) leasehold payatesnts or ground rents on the Property, if any, (o) premtutas for any and all insurance requited by Lender under Section 5; and (d) MorrgW Ingwanct premiums, if any, or any sums payable by Borrower to Lender in nett of the payment of Mortgage Insurance premiums in accordance with the provisions of &vtion 10. These items, arc called "Escrow Items. "At origination or at any time during the term of the Loan, Lender tray require that Community Association Duey, Fars, and Assessummts, if any, be escrowed by Borrower, and much dues. fees and assosstu mte shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section, Borrower shall pay Lender the Fuels for Escrow Items unless Lander waives grower's obligation to pay the Funds for any or all Escrow Items. Lender tray waive Borrower's obligation to pay to Lander Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the autumn: dune for any Escrow Items for which payment of Funds has been waived by Lander and, If LoWer requires, shall firrnish to Lender mocipts evidencing such payment within such time period as Lender may require. Borrower's obligation to owke such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrment; as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lauder any such amount. Lender may revoke the waiver as to any or WI Escrow Items at any time by a notice given in accordance with Seaton 15 and, upon such revocations, Borrower shall pay to Lender all Funds, and in such amounts, that are tern required tnader this Section 3. Lender may, at arty time, collect and hold Rods in del amount (a) softi*M to permit bender to apply the Funds at the time specified under RESPA. and (b) not to exceed the maximum amount a leader can require under RESPA. Leader shall estimate the arnount of Funds due on Ste basis of current data and reasonable estimates of exporulitaes of future Emow Items or otherwise in accordance with Applicable Law. The Funds shall be held In an institution whose deposits era insured by a federal agency, Instrumentality, or entity (including Lender, if Lender is an instiftrtion whose deposit; are so insured) or in any Federal Home Loan Bank, Lender shall apply the Funds to pay the Escrow Items no later dMW the time specified under RESPA. Lander shall not charge Borrower for holding and applying the Rods, amorally analysing the escrow account, or verifying the Escrow Items, tadess Leader pays Borrower interest on the Rods and Applicable Law permits Lauder to make such a charges. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Ltmder shall trot be togaared to pay Borrower arty interest or earnings on the )Funds. Borrower and Lender can agree in writing, howevet, that interest shall be paid on the n4C #,324245 APPL 0000130090 fM14H: Lv,- 4""OFA) mast) rwsat,a Farm 3099 1101 OK-I953PG3330. 11-17-'09 14;19 FROM- T-791 P0015/0040 F-983 Ptmds. Lender shalt give to Bonawer, without Oharge, an atsttual accounting of the Funds as required by RESPA. It there is a surplus; of Funds held i4 escrow, as defned under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If time is a shortage of Funds hold at escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, aad Borrower shall pity m lender the amount necessary to make up the shortage in accordance with RESP,A, but in no more than 12 monthly payments. if there is a def oieney of Funds held in ",crow, as dc&W under RMPA, Lender shall notify Borrower as required by RESIPA, and Borrowot shall pay to Lender the amount necessary to nuke up the deficierW in accordance with RBSPA, but in no more than 12 monthly payments. Upon payment in full of all sums scoured by this Security lnsttuautut, Lender shall promptly reAmd to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, aneasmem, charges, fines; and impositions atir uWAe to the Property which can attain priority over this Security lnstruraent, leawhold payments or ground rem on the Property, if any, and Community Association [kites, Fees, and Assessments, if any. To the extmrt that these items art: Emaw Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instument wsioss Borrower: (a) agre"a in writing to the payment of the obligation secured by die lien in a manner acceptable to Lander, but only so long as Borrower is perfortrung such agreement; (b) contests the lien in good faith by. or dcfends against enforcament of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforce,ttent of the lien while tense proceedings wv patding. but only until such proccodatas arc concluded; or (c) secures frorn the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instratnent. If Lender determines that any part of the Property is subject to a licit which can strain priority over this Security Instrument, tender may give Borrower a notice identifying the lien, Within 10 days of the data on which that notice is given. Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lander in coraeCtian With this Loan. & Properly Casursmce. Borrower shall keep the improvetuentx now existing or hacafor erected out the Property insured against loss by Ire, hazards included within the term "extended coverage;" and ally other hazards including, but not limited to, eardhquaka and floods, for which Lcoder roquires insurance. This instr c shall be maintained in the amounts (including deductible levels) and for die periods that Lender requires. Wbat Lender requires pursuant to the prcaeding senteww can change during the term of the Lawn. The insurance carrier providing the insurance shall be chosen by Borrower FtMoot to Lender's right to disapprove Borrower's choice, which right shall not be exercised unramonably. Lender may require Borrower to pay, in connection with this Loan, either, (a) es oneaime charge for flood zone determination, certification and tracking se5mom or (b) a one-time charge for flood zone determination and cettfkeation services and subsequent charges each time remappinp or aimili r Changes occur which ramombly might affect such deto mitwtion or oertiflowon. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Mattagts rent Agency in oortneation with the review of any flood zone detornination resulting from an objection by Borrower. n?4C 4:324246 RPBL rivo001300390 Wei.ta 4ft-"(PA) MM Nsp 6 of 16 Roero 3049 Val 195 3 PG 3 3*31' 11-17-'03 14:19 FROM- T-791 P0016/0040 F-983 If Borrower falls to maintain any of the caverages describcd above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Leader is tinder no obligation to pnuchasa Soy particular type or amount of coverage. Therefore, such coverage snail cover Lander, btu bright or might not protect Borrower, Borrower's equity in the Property, or the contents of the property, agsinst any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might sigbificantly exceed the cast of insurance that Borrower could have obtained. Any amounts disbursad by Lender under this Section 5 shall become additional debt of Borrower secured by this Secu ittiy Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Landor m Borrower raquesting; paymem; All iosurame policies rogaired by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortSW claw. and #*U name Lender as mortgagees and/or as an additional loss payee- Lender shall have itoe right to hold the policies and renewal certificates. If Lender requires, Burrower shall promptly give to Lender all receipts of paid prenifitou and renewal notices;. If Borrower obtains any form of insurance aoveraga, trot otitawise required by Leader, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional Ioss payee. in the event of lass, Borrower shall give prompt notice to the insurance carrier and Lender, Lender may make proof of loss if not mada promptly by Rwower. Unless Lender and Borrower otherwise agree in writing, any insurance prooeods, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically frntsiblo and Lender's security is not lessened- During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to utauro the work has been completed to Lender's satisfaction, provided that sucb inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and reatoration in a singly payment or in a series of progress payments as the work is completed. Unless an agreement is M e& its writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds, Fees for public adjusters, or outer third parties, retained by BormwGr shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically fossible or Undue 8 security would be lessened, the itWutantao proceeds Shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such it>,suranee proeoods shall bus appal in the or(W provided for in Section 2. If Borrower abandons the Property, Leader may tile, negotiate and settle any available insumce claim and tetated matters- If Borrower does tux respond within 30 days to a notice from Leander that the insurance carrier has offered to ectdo a claim, then Lender may mgodate and mWo the claim. The 30-day period will begin when the notice is given, in either event, or if Lewder acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to ennead the amounts unpaid under the Note or this Security InsnaWft% and (b) any odwr of Borrower's rights (oter than the right to any refund of unearned premiums paid by Borrower) under all itmmoe policies oovorkV the Ftope'rty, imofar as such rights are applicable to the coverap of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrmnent, whether or not then due. DOC #:326267 APPL OT00013DO390 ?p eN9?I,I 4ft"(PAA) tof03) PW7 rca FWM 309 Val UK t 953PG3332' 11-17-'09 14;19 FROM- T-791 P0017/0040 F-983 6.Occupancy. Borrowct Shall OCCUPY, establish, and Use the Property as Borrower' a prirtoipal residence within 60 days after the execution of dds Sm#rlty Inetrmrtent and sba11 conlimm to oeeupY the Property a& Borrower's principal residance for at least orre year after the date of ocCupency, unless Lemdor otherwise agrees m writing, vrhiCh consent shall trot bo Unreasonably withheld. of unless extmnr lft circumstances exist which are tyeyond Borrower's 00MOL 7. Preservation, Malate*smee and Pmeedoo of tkre I`rope" Im pec*ns. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property. Borrower shall maintain the property in order to prevent the Propwty from dewiorating or decreasing in value due to its condition. Unless it is detvtmi0ed parviant to Section S that repair or restoration is teat economically feasibio, Borrower shall prmptly repair the Property if dautaged to avoid fttstw adoration or damage. If insurance or condemnation proceeds are paid in commotion with dannagx to, or the taking of, the Property, Borrower shall be reopwible for repairing or restoring the properly only if Lender has released proceeds for such purpoics. Lender may disburse prt>ceeds for the repairs and mtoration in a singles pgrsent or in a sales of progress paymms as the work is compleh+d. If the insurance or coudetunation proceeds are not sufficient to repair or restore the Property, Borrower is not ralii#ved of Borrower's obligation for the completion of ouch repair or restoration. Lender of its agent may make reasonable emicss upon and inspections of the Property. If it has reasonable cause, Larder may inspect the interior of the hoprovemo nts on the property. Tender shall give Borrower notice at the time of or prim to such an interior inspeotion cpeciPling such reasonable cause. tit. ftmwees Loan Application. Borrower 4611 be is default if, during the loan application process. Borrower or any persons or entities acting at the direction of Bwower or with Borrower's knowledge or consent gavo taaterially false, misleading, or inaccurate information or statetmnts to Larder (or failed to provide Lender with met &I information) in co section with the Loan. Material representations foctrde, but are not limited to, representations concerning Borrower's occup6.+sey of she Property as Bor'rower's principal rosidotce. 9. Protection our Lender's Intertst In the Property and RJgbata Under this 5ecu tty knelt nwmt. If (a) Bormwer fails to pwform the covenants and agreennrnts contained in this Security Instrument, (b) dwrc is a legal proceeding that Wright significantly affect Lender's iutcrest in the Property and/or rights Voilm this Secwty insrumcrtt (suet as a proceeding in bankruptcy, probate:, for oondesrnation or forfeiture, for enforcement of a lien which may attain priority over this security hzstrnarrosrrt or to enforce laws or regulations), or (o) Borrower has abandoned the Property, then Lander may do mad pay for wiwtavbr Is reamnibic or appropriate to protect Lender's interest in dte Property and rights under this Security lwtrtunent, indudi% protecting and/or asscssitsg tit-- Was of the Property, and searing and/or ropy ku* the Property. Lender's aodons can include, but are not limited to: (a) paying any sums ssoured by a lien whiob has priority over this 9eemity Instrument; (b) appearing in court: and (c) paying reasonable atttotao# foes to protect its interest in the Property and/or rights under this Security lnst'runtetu, including its secured position iu a benlauptcy pvocea&S. Securing the Property includes, but is not limited to, ontoring the Property to make repairs, change locks, replace or board up doors and windows, drain water tom pipes, eliminate budding or other anode viotadons on dangerous conditions, and have utilities turned on or ofF. Although Lender may take action wuler tltils Section 9, Leader aloes not have to do so and is not under any duty or obligatieat to do so. It is agreed that Lander incurs no liability for not taking any or all actions authorized under this Section 9, DW #t324248 APPL i1 t 000X300 00 r6enr:: ft"(PA) (05= Pye6or16 A)?V-la3! Val 6K6953PG3333 11-17-'09 14;20 FROM- T-791 P0013/0040 F-993 Any amounts disbursed by Lender under this Soatiou 9 shall bowrov additional debt of Borrower secured by this Security Insttu treat. 'these amounts shall bear interest at tine Bore rare from the date of disbursement and shall be payable, with such interest, upon notice from Lander to Bom war requesting payment if this Security hutrutnent is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower aogaitea fee title to the ?ropeaty, the leasehold and the fee Une shall twt merge unless Lender agrees to the meirgar in wdping. 10. Morepw Insurance. If Lender repaired Mortgage Insurance as a condition of treating the Loan, Borrower shall pay ffie premiums required to merit tain the Mortgage Insurer m in effect If, for any tom, the Mortgage Irtstttanee wmrage required by Lender ceases to be available *= the morop ittsttrrt that previously provided such insurance and Botxower was ragWrod to make separately designated payments toward the premiums for MoftW Instatnes, Borrower shall pay the preunhans required to obvAn oovet'W subsiantiallyy equivalent to the Mortgage Insurance previously in effect, at a cast substantially equivalent to the cost to Borrower of the Mortps Insurance previously in effect; from an alternate mortgage insurer seloetod by Lender_ If substantially equivalent Mottgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the aeparately designated psymeats tha `ante due whim to inswanee coverage ceased to be in effect. Lender will wmvt, use and retain time Paytatats as a non-re tta&Xt toss reserve in Iku of Mortgage Insuranot. Such loss reserve shall be non-refututlable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interew or Carting on such loss rasesve. Lander can no longer require loss reserve paymentt if Mortgage Itts+aa sce coverage (in the amount and for the period that Leader requires) provided by an insurer wle cted by Loft again bwomm available, is obtained, and Leader requires separately desipmed paymonta toward the premiums for Mortgage insurance. If Lt rider required Mortgage lesuranoo as a condition of making the Loan end Borrower was required to make separately designated payments toward the premitims for MorWV Instuanee, Borrower shall pay the premiums required to maintain Mortgage Ittsunmc in effect, or to provide a non-refundable loss reserve, until Laxler's requiretmxtt for Mortgage Iruammm ends in ac cordanoe with any written agteeatees t between Borrower sad Lender providing for such termination or until tormnnioo is required by Applicable Law. Nothing in this Soctiat 10 affocts Borrower's obligation to pay interest at the rata provided in the Note. Mortgage Insurance: reimburses Lender (or any entity that pw'chases the Note) for certain losses it may incur if Borrower does not repay the Loan m agreed, Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on 411 such insurance in forte firwn time to time, and may enter into agree me ate. with other patties that sham or modify their risky or reduce losse *, These, agreements are on terser and conditions that are satisfactory to ttte mortgage insurer and an other party (or parties) to these agrtmments. These agreements tray require the mortgage insurat to snake payments using any source of finds that the mortgage insurer stray have available (which may inchWe fonds obtained trot Mortgage Insurance prerni*M). As a mault of kikft agreamtcnts. Lender, any purchaser of the Note, another insurer, any rednsurer, any other entity, or any Mints of any of the foregoing may receive (directly or indirectly) amounts that derive from (err might be charaatetiud as) a portion of Borrower's payn=M for Mortgage Itsuramm, in exchange for Owing or modifying the mortgage insurer's risk, or reducing losses. If sock agrae new provides that an affiliate of Lender takes a share of the insureet risk in owhartV for a share of the premiwas paid to the insurer, the arrangement is often termed "captive rainataance." Fturdwr; (a) Any each ageemets will not a[liAt them amounts tkat Borrower bet agtved to pay for Mortgage Insurance, or any other ttew of the Loan. Sueb apvcments will not iscreow the amount Borrower will owe for Mortgage Insarwwr, and May wilt not toettle Borrower to any refasd. b6C eE:324369 APPL k0001300380 411;)- 4q-*A(PA) (0= Pee. W t4 F. 3., 1/01 OK t953PG3334 11-17-'09 14;20 FROM- T-791 P0019/0040 F-983 (b) Any such agreements will not affect tbt rights Borrower bas - # any - with reapact to the Mortgage Insarmee under tke S meoweers ProteetWe Act of 19" or any other law. 'I Was rights may Include tke right to receive cormist tthtclomres, se rogmt anti ob ala aeealhrtten of the Mm'tgW Insurance, to have the Maripge Insurance terttraaeed agtomaiioml?r, sed/or to receive a refaad of any Mortgage Insurance premiums that were tmaarned at the three of me& et a"11Iatl3ee or teretluatifots, It. Assiguament of Miseellaaoom Proooeds; Forfeiture. Al) Miscallara mm Proceeds are hereby assigned to and shall be paid to Lmdtsr. If die Property is damaged, such Miscellaneous Proceeds shall be applied to rossormion or repair of the property, if the restoration or repair is econontically femble and header' a security is not lessened. During such repair and restoration period, Lander shall bavo rho right to hold stick Miscellaneous Proomis usual Lender has had an opportunity to inspect such Property to armire the wall has been completed to Lender's salisfectwn, provided that such inspection shall be undertaken promptly- Lender may pay for tie repairs and restoration in a single disbursement or in a series of progress payments as the work is canplatod. Unless an agreement is made in writing or ApplimWe Law requires interest to be paid on such Milmilaneous Proceeds, Lender shall net be required to pry borrower any interest or earnings on such Miscellmoous Proceeds. If the restoration or repair is not ecaomicslly feasible or Lender' 9 security would be lessened, the Miscellaneous Proceeds shall be applied to the sum sectored by this Security lnstrunment whether or not then due, with the excess, if any, paid to Borrower. Such Mlocellumm Proceeds shalt be applied in the order provided for in Section 2. In the event of a total taking+ destruotiton, or loss in value of the Property, the Wseelhuemus Proceeds shall be applied to the stuns secured by this Security Instrtuutumt, whether or not then due, with the axons, if any. paid to Borrower. In tine event of a partial taking, destruction, or loss in value of the Property in which tilt flair market value of the Property inraedistaly before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sons secured by this Security Instnmsent immediately before the partial uddog, destruction, or loss in value, unless Borrower and Lender odmwise agree in writing, the scans secured by this Security Instrument 601 be raduced by the amount of the Mscedlaneous Proceeds multiplied by the following fraction! (a) tie total amount of the sipm secured immediately before the partial taking, destr con, or loss in value divided by (b) the fair market value of the property immediately before the pertial taking, de$auctiot, or loss in value. Any balance shell be paid to Borrower. In the event of a partial taking, destruction, at loss in value of the Property in which the fair market yolue of due Property h miediately before the partial taking, destzvction, or loss in value is less than the mount of the sums scowed itnmadiwAy before the partial taWM destrucdozi, or ions in valm, unless Borrower and Lender otherwise agree in writing, the Miwellagtoea Proceeds shalt be applied to qtc seams secured by this Security Instrument wluether or not the gums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to, Aotrowar that the Opposing Party (as defined in the next tumbmce) offers to make: an mud to settle a claim for damages, Borrower fails to respond to Lender within 30 days aft ttte data the notice is given. Lender is authorized to collect and apply the Miseellanesous Proceeds either to restoeaticn or repair of the Property or to the sums secured by this Security Instrument, whether or not than due. "Opposing ?arty" Mans the third party that owes B mower Mimellaneom Proceeds or the party agpinst whom Borrower Itas a right of action in regard to Miscellaneous Proceeds. Borrower shall be in ded'atrlt if any actin or proceeding, whether civil or criminal, is began that, in Lender's judgment, could result In forfeiture of the Property or other material hupeirment of Leader's interest in tht property or rights under this Security Inimn lout. Bou ower can care such a ddW" arid, if acceleration has octuut4 reinstate as provided in Section 19, by sousing the sotion or proceeding to be dismissed with a ruling that, in Lender's judgment; precludes forfeiture of the Prop" or other material knpairment of DOC #;324290 APPL 0,0001300390 r.e: tt-WPAi (arms rye to ge W 4-424?vtwft 7py9 l/it BK 4 953PG3335 11-17-'09 14 ; 20 FROM- T-791 P0020/0040 F-983 Lender's interest in the property or rights under this Security Instrument. The proceeds of any award or claim for damaes that are attributable to the impairment of Lender' a most in the property are bureby assigned and shall be paid to Lender. All Miscellaneous Prooe ods that are not applied to restcratirm or repair of the Property shall k applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Leaden Not a Waiver. 9monsion of the time for payment or modification of amortization of ft sums secured by this Security Inatrumw t granted by Lender to Borrower or spy Successor in Worest of Borrower shall not operate to release the liability of Borrower or any Successors in Interast of Borrower. Lender shaft not be Tvq*cd to conunetrca proceedings spirit any Successor in Interest of Borrower or to refine to extend time for payment or otherwise modify amortization of the stars secured by this Security Imstrtmmeut by reason of any demand made by.gw original Borrower or arty Successors in Interest of Borrower. Any forbearom by Lander in exercising any right or remedy including, without limitation, Lender's scocpsance of payamts 8rom third persons, ad ies or Successors in Interest of Borrower or in amounts teas than the amount then due, sban not be a waiver of or precludes the exercise of any right or remedy. 13. Joint and Several UAbtiity; C"lgners; Soccomars and Atmaiges Bound. Borrower covenams and agrees that Borrower's obligations and 1labiiity shall be joint and several. However, any Borrower who oo-stgns this Security Ihtrttl neat but does not wAouto the Now (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Prop" wider the terms of this Security lnsartim at; (b) is not paw orally obligated to pay the sums secured by this Security Instrument; and (c) ogees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note widmt the co-signer's consent. Subject to the provisions of Section 18, any Successor in Intetrst of Borrower who assumes Borrower's obligations under this Security instrument in whiting, and is approved by Lender. shall obtain all of Borrower's rights and benefits under tins Security Instrument, Borrower shalt not be released &cen Borrower's obligations and tiabllity under this Security Instrument unless Lender agrm to such release in writing. The covenants and agrements of fts Security Instrument shall bind (except as provided in Section 20) and benefit the a wvaseors and assigns of Lender. 14. Goan Cashes. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but txmt limited to, attorneys' fees. property inspection end valuation fees. In regard to any other few, the absence of mpre w authority in this Security Instrument to charge a specific fee to Borrower shall fiat bo construed as a prohibition on the charging of such tee. Lender may not charge fees that an wwassly prohibited by this Security Instwment or by Applicable Law. If the Loan is subject to a law which sets mmitmnn loan charger, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be rued by the amount necessary to reduce ft charge to the permitted limit; and (b) any suns already collected from Borrower which o weodod permitted limits will be redbnded In Borrower. Leander may choose to make this refund by reducing OW principal owed under time Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prgxW mast charge (whether or not a prgmymmt charge is provided for under the Note), Bartoww's aeceptamw of any such refusal made by diem payment to Borrower will constitute a waiver of any right of action Borrowot fright have arising out of such ovtxoharge. 130C #;324251 APPL #:0001300390 u:am: -BA(PA) f4m) cope f r m m Ferro 3e39 h101 9K 1953PG3336 11-17-'09 14:20 FROM- T-791 P0021/0040 F-983 15. Notices, All notices given by Borrower or Lander in correction with this Security Inatnmeant must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have boon gi'v'en to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrow shell constitute notice to all Borrowers fatless Applicable Law expre?sly mquiras otleet'wiw, The notice address shall be the Property Address unless Borrower has desigested a substitate notice address by notice to Lender. Borxowar shall promptly notify Tender of Borrower's change of address. If Lender specifies a procedure fix reporting Borrower' i change of address, then Borrower shall only report a change of address through that specified procadera. There stay be only one dwigssoed notice address ualder this Searity Instrument at my one time. Atay notice to Lender shall be given by delivering it or by mailing it by first class malt to Lender's address stated havin wtleas Leader has designated another address by notice to Borrower, Arty notice in caunection with this Security Instrutaent shall not be deemed to have been givers to Lender until aentalty received by Lendrrr. If any notice required by this Security lashuwmt is also required under Applicable Law, the Applicable Law requirarnent will satisfy the corresponding requiramard under Us Smxity lastru mart. I& Gemming Law, SeveraWky; )(toles of C mbrrsedw This Security Instrument shall be governed by federal law sod the law of the jurisdiction in which the Prop" is located All rights and obligations oontainred in this Security Instrument area salquct 6o arty requirements and limitations of Applicable Low, Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might ba silent, but such silence shall not be construed as a probibltion agalnst agreement by oo?tra t. In the avant that any provision or ofaiise of this Security Instrument or txrs Notc conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Inahunteot or the Note which can be given effect without the conflicting provision. Aa used in this Security Itssuvmernu (a) words of the masculine gentler shall mean and include oarrespandng neuter words or words of the feminitto gender; (b) words in the singular shall mean and include die plural and vice versa; and (c) the word "may" gives sole discretion without any obligntien to take any action. 17, Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Trawler of the Property or a Bevelk-M [caterer In Borrower. As used in ibis Section 18, 'Interest in the Property' means any legal or bawfreial intarart in the Pm wrty, irnoWing, but not limited to, those beneficial interests transferred in a bond for deed, acintract for deed, installment atlas contract or escrow agreeemen% the intent of which is the transfer of We by Borrower at a future date to a purchaser. If all or any part of the Property or any Iatareat in the Property is sold or trana&rred (or if Borrower is rust a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Leader may requir ; immediate peyivm?t in fall of alt stems secured by this Security InsumnenL However, this option shall not be eatarciead by Lander if each exercise is proMbiwd by Applicable Law. If Lender exercises this option, Loader shall give Borrow notice of s0oeleration. The notice shall provide a period of not less than 30 dttya tlom the 40A the notice is given in accordance with socrion 15 within which Borrower must pay all semis socurad by G& Security Itetrowwat If Borrower iTtitr, to pay these stuns prior to the otpirsdon of this period, Lanier may invoice my remedies permitted by this Security instrument wiliout feather notice or demand on Horrower. 19. Sorrower's Might to Reinstate After AvW*1 kP, If Bartower meets cc*taia conditions, Borrower shall have the right to have enforcement of this 8ecinity htstrument discontinued at any time prior to the earliest of., (a) five days betbre sale of the Property pursuant to any power of sale eceteined in this Security Instrum= ; (b) each other period as Applicable law might specify for the tannienation of Borrower s right to raiostme; or (o) may of a. judgment enforcing this Soatrity Instrument. Txwaa conditions arc that Borrower,, (a) pays Lender all aunts which then would be due under this Security lastrw at cite the Note as if no acceleration had occurred; (b) cures any default of any other misnames or ag"ements; (o) pays all Doc #:3242S2 Af6L #soo0l3oo3so ?aww: ft"(PA) (OW f.e.,3atK ero34" flat 009A t953PG3337 11-17-'09 14 ; 20 FROM- T-791 P0022/0040 F-983 mupansea incurred in enforcing this Security imtrument, including, but not linnited to, reasonable attorneys' fees. property irtspoetfon and vatttsciop fear, and other fees incurred for the purpose of protecting Lander,o interest in this Property and rights under tiffs Security Instrument; and (d) takes such action u Lender may reasonably require to assure that Lender's inturost in thus Property and rights under this Security lnstremtaz>t, and Borrower's obligation to pay the sums soeurcd by this Security Insm meat, shall main a unchenged. Lender may require that Borrower pay such reinstaoe?nad sums and expanses in one or more of the Wowing forms, as selected by Lender: (a) cash; (b) money order; (e) certified check, bank chhw*, trtast W s check, or cashier's check, provided any such cheek io drawn upon an institution whose deposits, am insured by a frxleral agency, instrunumtolity or cntity; or (d) Electronic Pwxla Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the owe of amicration under Section 18, 20. Sale of Note; Charge of L4 ft Servtrer, Notice of Grievance. The Note or a partial interest in the Note (togother with this Seewity Instrument) can be sold one or more thetas without prior notice to BOnQwer. A talc might result in a change io the entity (known as the "Loan Servicer") that collects Periodic Paymn* due under the Note and this Security Instrument and pesrforms other mortgage low servicing obligations under the Note, this Security Instrument, and Applicable Law. There also Mght be one or more changes of the Loan Servhcer unrelated to a sale of tha Note. If there is a change of the Loan Savicer, Horrouvr will be given written notice of the change which will state the ram and address of the now Loan Servieea, the address to which payments should be made and any otter information RESPA tegairel in connection with a notice of transfer of servicing. If the Note is sold and thereafter dice Loan is serviced by a Loon Scrvicer other than the purebascr of the Arose, the mortgage loan servicing obligations to Borrower will remain with the Loan Savicer or be transferred to a successor Loan Servicer and are not assumed by the Now purchaser unless otl erwisc provided by the Note prrchaw. Neither Borrower nor Lander may commence. join, or be joined to any judicial action (as either an individual Wpm or use member of a class) tint arises from. the other party' s actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security lnsttument, until such Borrower or Leander has notified the other party (with Such notice given in compliance with the requirements of Section IS) of such alleged breach and afforded the other party herein a reasonable period after the giving of such notice to talcs corrective acdarL if Applicable Law provides a time period which must elapse before certain action can be taken, that time period win be deemed to be reasonable for purposes of this paragraph. The notice of acceiaratlon and oppor;unhty w here given to Borrower pursuant to Section 22 and the not= of acceleration given to Borrower pursuant to Section 18 shall be doomed to satisfy the notice and opportunity to take correctivo action provisions of this Section 20. 21. Nazaadoas SWntances. As used in this 5ootion 21: (a) "Haaardws Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum psoewts, toxic pesticides and herbicides, volatilc solvents, mataials containing asbestos or formaldehydcs, and radioactive materials; (b) "Envitoumeautal Law" moans federal laws and laws of the jurisdiction where the Property is located that relate to beelth, safety or environmental protection; (c) "Environmental. Cleanup" includes any response action, remedial action, or removal acdon, as defined in Envirotmuentah Law; and (d) an "Snvirontntntai Condition" meatus a condition that can amuse, contribute to, or otherwise trigger an Environmental Clranup. WC #zlUa53 APPL q.,0001300390 udd?4: 4W"(PA) ) For 19 N Id 1*9.90 3M list IK 1953PG3338 11-17-'09 14 ; 21 FROM- T-791 P0023/0040 F-933 Borrower shall not cause or permit the presence, use, disposal, , or release of any Hazardous Substances, or tlaeaten to release arty Hazardous 5ubstsncos, on or to=opertp. Borrower shall not do, nor allow anyone else to do, anything sff riunngg the Promw (a) that is in violation of any Eavirownental Law, (b) which creates an Environmental C?ondta'on, or c) which, due to the presence, use. or release of a Hazardous Substance, cr ?laa a edition that adversely affects die value of the ply The preceding two surittnizo shall not apply to the presence, uas, or esmap an the Property of snink quantities of Hazardous Subetancvs that are ggnaraliy reex reizgd to be appropriate to normal residential uses and to maintenance of the Property (inchading, but not limited to, hazardous substances in oansumer products). BorY~ shall promptly give, Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any govotn awtel or ragulatory or private party involving the Pr and arty Hazardous Substaucc or En*omaetda Law of which Borrower has actual iarowl (b) any Enyironmental Condition, including but not limited to, arty spilling, lealdrig, discharge, reuse or dhrcat of rolaast: of any Ilataadatts Subs, said (c) may condition caged by the presence, use or release of a Hazardous Subaturee whieb adversely affects the value of the Property. If Borrower learns, or is nodfied by any governmental or r story and u rity, or any private party, that any removal or other remediation of any Hazardous Subs lanos a eO&S the Property is neoesasry, Borrower abed promptly take all necessary remedial actions in accordance, with EnvironmonW Law. Nodding herein shall create arty obligation on Lender fix an 1 nviromneriml Clestaip. NON-UNIFORM COVENANTS. Borrower and Leoft firther covenant and agree as follows: 22. Aoodaerdon; I<t medles. Lender sleall give notice to Borrswea prior to ac ohnWon fsilo ring Borrower's bnm* of any eaveraet or sat to Qua Soca ty Ieerrttmout ('bo ear pricer to acceleration under Section 1.8 etakes AppBasble Grew provides oeberwiae). I,endtr 04 notify Horrawtr of, riraong other tthhtgut (a) the defatol#; (b) fire tle&A rsdaired ba Curs the debrltr (a) wbres the dd*dlt umt be Cured; turd d) that faWtre to can the deSaolit as spocifled my raaarlt In acceleration of the sums seeuared by tkls city Ia»traoeetat, fereclowm by Jt dMd pmookft sad sole of the Property. l.lasdar ablB fortber lafarm Borrower of the YW to reinstate tatter weelersdaa aid eft to mart la the foreelmare proooodlea the now-oximence of a d,efAttit oe y odd dotesm ofmorrowet to acceleradon and bredexure. if the default is sot mu`ed as apetilied, mdse tit Its option am rsgeim Immediate payment In %I[ of ail same somr'ad by this Sow* InA moat rrithgeet fltrdwr dowmad and may foraeiese flab 5ecartty tnertrameeet by ?roceodbqp Lewder deal be fttftd to affl Ct all e:pessea iaeastal is putsebeg the remedia+ proved in *10 2; itacaludily, bot stet ft h" toy attotrseys' fees mat casts of"evidemm to tic extent permhted by Applteahk Law 23, Rolesisa Upon pqment of all entire smureed by thin Swxity Thanirnent, this instrument and tine estate eemveyed shalt terminate and became void. After such occurrorm, Lender attali discharge and satisfy this Security Instttemcnt, Borrower sheen pay any recordation costa. Lender may charge Borrows' a fee for releasing We Security Instrument, but only if the fee is paid to a third party for services rendered and the chargutg of the fro is perrnhW trader Applicable Law. 24. Waivers, Borrower to the extent permitted by Applicable Law, waives and mlowes any error or defects in proceedings to enftorce this Security Instrument, and hereby waives the beactit of any it or future lows providing for stay of maic ution, extension of time, exemption from amm meear, levy sad ode, and homestead eltanption. 25. EkdstM40naeet Penal, B*"~' g time to reinstate provided in Section 19 dwil extend to one hour prior to the commencement of bidding at a shorifP s sale or other sale pur* ant to this Security Instrument. 2(x Pordtaae Money MortgagL lf..arty of Ow skbt secured by this Security Insumnent to lent to Borrower to acquire tilde to the Property. thk'Seeurity Imatrutoaat sb&4 be a ptartdtssg motley mortgage. 27. Interest Elate After Judgment. Borrower agree that *w interest rate pasable aflar a judgement is entered on the Note or in an action of mortgage fbroolosive shall be the rate payable from time to time under the Note. DOC #:124294 APPL #0001300390 1? Idti.lc A 40t"(rA) (--) r.W is.t is Nana 3130 trot oti953FG3339 11-17-'09 14;21 FROM- (sew) -borrower BY SIONINO BELOW, Borrower ac Wu and agrees to d* terms aW a vmmts cantabled in d%ie Security Instrm. end in any Rider executed by Borrower and tecordrd with it. witrlesses; _ (Seel) -Bom ovtr T-791 P0024/0040 F-983 - (.Seal) .Borrower _.. (Scat} -Borrower - (s6m) (Seat) -Harrower .Borrower DM 0:3242$5 "PL $101001300390 4 ft4A(PA) (01M Fm is orw (Seel) uarrett R Decker 8orravrcr (Baal) Aare A-jOwker Senor 30" 1101 I953PG3340 11-17-'09 14:21 FROM- CO&WONVVULTIi 01F 1PENNSYLYAMA, Cumberland On this, the 3xst day of May, 2006 undersigned officer, p arsonally appoW Garrett A Decker, Karen Decker T-791 P0025/0040 F-983 County at , Wore ene, the known to me (or satisfactorily proven) to be the person(s) whose narna(s) is/are subscribed to the within inekwnent and adlmcwledged that hedshrlthuy ateeutad die same far the purposes herein containod, IN WITNESS V4MREOF, l herem to sat my hand and official seal. My Commission Expires: Tan uo? ?ti? X43 x)10 LAL1it F PEkNSYLVAMA !law ftw AMctietet i~ *%*, Mew Ptoa ?A?edwnlosbtrtlh earn, GRtMrdt;annbr My CemnlNirre ?1tssJ?n, P0,13()10 rote of ntCn::er Mali 4r, PMn *wta Mso*O m of Rand.. Cerdtkate of RoWeace?°?,¢+?..+ 1, M'J't? tS * , do hereby certify that die correct address of the within-named Mortgagee is P.O. Box 13916, Durham, NC 27109. VAiuaea my hated this 318t t day of MSty, 2006 t. Agent of Notiagpe 00C. #:334256 APPG 6:0001300390 Ynnidr. ft"(PA) (own "M of 16 Corr. 3449 U41 KK 1953PG3341 11-17-'09 14:21 FROM- Commitment Number: 2006050156" Conestoga Title insurance Company SCHEDULE C PROPERTY OIESCMPTION The land referred to in this Commitment is described as follows: T-791 P0026/0040 F-983 ALL THAT CERTAIN tract of unimproved land situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a aertWn Final Subdivision Plan of Kandor Summit as last revised on January 23, 1987, prepared by Gerrit J. Bata Associates, Inc., consisting of two pages, ooples of which were recorded on April 10, 1987, in the hereinafter named Recorder's Office, in Plan Book 52, page 111„ and are incorporated herein by reference as follows: BEGINNING at a point on the northwestern line of 60 feet wide Shaft Drive at the dividing line between Lots Nos. 15 and 96; thence along said western line of 60 feet wide Shatto Drive, South 60 degrees 45 minutes 20 second West a distance of 27.18 feet to a point' thence soil along said warn line of 60 feet wide Shaft Drive by a curve to the left having a radius of 330 feet an arc distance of 126.49 foot to a point at tte dividing Ana between Lots Nos. 14 and 16; thence along said dividing line between Labs Nos. 14 and 15, North 51 degrees 12 minutes 22 seconds West a distance of 265.00 feet to a point at comer common to lots Nos, 12, i4, 15 and 1 S; thence along the dividing line between Lots Nos. 15 and 18 and continuing along dividing One between tots Nos. 16 and 17, North 30 degrees 01 minutes 10 secorlds East a distance of 3134.39 (erroneously 134,30) feet to a point at the dividing line between Late Nos. 15 and 16; thence along sold diving line between said Lots Nos. 15 and 18; thence along sold dividing fine between said Lots Nos. 15 and 16, South 64 degrees 02 minutes 20 seconds East a distance of 32.00 feet to a point on the western line of 60 feet wide Shatto Drive at the Place of BEGINNING. BFJNG all of Lot No. 15 as shown on said Fine( Subdivision Plan of Kendor Summit recorded as aforesaid, and containing an area of 40, 246 square feet, more or less. UNDER AND SUBJECT, NEVERTHELESS, to the following building and use restrictions which shall be binding on the within described tract of land only and shall not be binding on other land of the Grantor, with which building and use restrictions the within Grantees, their heirs and assigns, by the acceptance of this deed, agrees to comply: 1. This tract of land shall be used for residential purposes only. No business, commercial, or industrial uses whatsoever shall be permitted on this tract of land. 2. only one single family residence and a accessory building n8y be erected on this tract of land, 3. No livestock of any kind, cattle, sheep, hogs, goats, or horses and no poultry of any kind shall be kept on this tract of land, except household pets which are housed in the principal dwelling house located on the within described tract of land and which pets shall not be permitted 10 roam out-of-doors unleashed. 4, No breeding or training kennels for dogs shall be kept or maintained upon this tract of land, excepting a dog which may be a household pet which is house din the principal dwelling house erected on the within thirty-five (35) feet of the rear property line, as shown on said Subdivision Plan dated January 29, 1980. 5. No building shall be erected nearer than thirty-five ($5) feet to the legal right-of-way line of any public street or road abutting the within described tract of land. 6. No wall of any building shalt be erected nearer than thirty-five (35) feet to the legal right-of-way line of any A4TA CommWOffit schedule C (2006050156.PFDi20050501GW4) Sit 195, 3PG334 2 11-17-'09 14;21 FROM- T-791 P0027/0040 F-983 SCHEDULE C (Continued) Commitment Number. 2006050155' public street or road abutting the within described tract of land. 7, No trailer, mobile home, or similar structure may be locates! on this tract of Land temporarily permansntlY. for any use whatsoever. 8. No basement, tent, shack, garage, barn or structure of a temporary character shall be erected on this tract of land and uses as a residence either temporarily or permanently. 9. No cesspool shah be permitted on this tract of land. The disposal of sewage shall be aaccompiished by use of septic tank system or such other disposal system as shall comply with the requirements of local and state health authorities. No outside privy shall be permitted. 10. No advertising or display sign shall be erected or maintained on this tract of land other than the customary "For Rent" or "For Sale" signs when the same pertain to the premises on which they are located, 11. Nothing shall be done on this lot which may be or become an annoyance or nuisance to the neighborhood. 12. No hedge or fence shall be erected within ten (10) feet of any property lino; at as height in excess of four (4) feet, 13. The within described tract of landshall not be subdivided. 14, Freestanding television and radio towers are prohibited on this tract of land, and any such antennae which are desired shall be installed on or against the dwelling house. 16. AN plans and specifications for any proposed building must be submitted to Albert C. Kuhn, or his nominee, for approval as to sire, style of architecture and materials to be used, and no conshvdion shah begin until approval has been given, which approval will not be unreasonably withheld and will be based in part on the conformity of any proposed building with the size and style of existing bu kgngs in the area, general charaadsr of the area, and commonly accepted building standards and practices, Approval or disapproval shall be given in writing within thirty (30) days from the date of submission of plans. 16. After a dwelling house has been erected in the within descried tract of land, the owner shall install an outdoor post lantern with electric light at least equal to a 100 watt Incand bulb, co ll n ?1 ce'"?h operating said light from dusk to dawn at the expense of the owner, legal right-of-way line of the abutting street, and at least seven (7) feet above the ground, 17. Should there be any conflict between the building and use restrictions imposed by applicable zoning ordinances of North Middleton Township or other governmental authorities and the above building and use restrictions, them the more restrictive provisions shall be applicable, Parcel 028-07-0471-049 ABTA CQMaraatnW14 SchodWe C (2oo605o156.P1FDn0050501W24) SK ! 953PG33437 11-17-'09 14;21 FROM- 1-4(A AMu?L Of Rke D R. T-791 P0028/0040 F-983 'T'HIS 1-4 FAMILY RIDER. is node tMa 3101t day of may, 2006 > and is incorporated into and shall be deemed to amend IVA supPIOMea the Mortgage, Deed of " $otro YU4 or Seourity L1eed (the -Soutdity Instnunont") of the same date given by the undersigned (the secure Borrowta's Note to AMeriCarh Brokers Conduit (the "Lender") of the same date and covering the Property described in dte Security lnstrwnent and located at, 3o6 Shatt© Urine, Carlisle, VA 17013 (Protxrry Address) 1.4 FAAULY COVENANTS. In a"don W the covenants and agreements made in the 5aourity Inbtr menK Borrower and Lendct further coven At Ind agree as follows: A. ,Ant3ITiONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. in to addition to the Property described in the Security Inst ument, the following urns now or hereafter attached Property to the extent they ore fixtures are added to rho Propa W description, and shall also Cousdh* the Property covered by the Security Instruxnent building materials, appliances and goods of every naaae whatsoever now or hereafter locawd in, on, or used, or intended to be used in connection with the Property, inolodin& but not limited to, those for the purposes of gapplying or dLtttibuft heating, cooling, eloctrioity, gaa, water, air and light, fire pryventk- and extinguishing apparatus, aectuity and scow control apparatus, plumbing, bark tubs, water heaters, water closets, sinks, ranges, stoves, rdhgerators, di4 mshors, disposals, washers. dryars, awniugs, storm windows, awrm doors, ataaeas, blinds, shades, oartaim anti and attached mirrors, cabinets, paneling and attached floor cmering$, all of vAtlch, iochiding eP additions dhareto, shall be defamed to be and ramain a part of the Property covered by the Security instrument. All of the foregoing together with the Property described in the Security Instrument (or the leasehold estate if the Security Instrunrent is on a leasehold) are referred to in dds 1-41smily Ridtx and the Security lusbument as the "Prop"." I= #:319831 APPL 4:0001300390 MULTIFTATR 1- 4 FAMILY RIDER - Vann e M arFreddle Mar UNIFORM INMWh fV4T initiatb: Page I of 4 Ftstm ?t7a 71st LfM31 0008 (OOQa) vMP MOPTGAGE FORMS • (900),52I.7291 7R 1 BKi953PG3344 11-17-'09 14;21 FROM- T-791 P0029/0040 F-983 sW not seek, agree m or tt:alte a PERM CoNgLIA YCE WrM LAW BOftvlva s Lender hea Weed in writi% to the B, Dt3E OF YAO or its zoning ,Umitcati4m. is of any gov atai *Xt?ge in the use of the property ordinances, regubm*'Ons and re gtiteme° amp. gorro`w' shad comply with A Paws, body applicable W the Property, shall mat 811OW any lien LIENS • 1=auxoPt permittad by moral law, gory V Lender's prior written C. 'UaOiil DIN, jS iat the Property in&txior bD the Se,urtty bmtrwent to be perfected age permission. inst fee loss in sddi0oa tO the D RENT WSg jNSirRAItiCE. Borrower , ? other fps for winch insuranx is required by Section 19 is delaced. yr, noolkROWER' S R1G 'I TO RElYP15TATE" DLLE f1i;1U og1erwise area in writing, Sectixm 6 F. BORROWEtt'S OCCUPANCY- t7ttiesa Lander and B°'Y°w°r of the property is deleted. ,oncoming gmxower' s oecula=y default, 80rrowa strait sssign to L?r j,enW s request attar with lest' of the Propariy. UP1* the G. asSLGNMRNT Or, L?g-i deposits and ail ttnraattY fy?a or tetmui ate the exs4tinB Icon mA m to t=m* new 911 lews Of the Propem , if the assigom-A Leader shalt have the right tom + h (i a v/0? ?leasC awl mom leases, in L.e ww, s sole diacratian- As Wed SwuritY lnsmt "t is on a leasehold.. LUMER IN pOSSOSiION. R St APPOgNmEPPt' OF MCE MF4 rents ctrl "'Mm ("Batts f1. ASSIGNWNT QF lty assigns and transfers to Lend" UK I Bocrowar auihoriz? L? Of Borrower absalutwlq and s of totiaottathe Rafts of the PropactY rte p ashall pay the Rauts to notice of the propcM. rv?gardlCS of to whom {each Getuatt of the Prey of Vents to aoliect the Ratner, and a!! untiL M L Order has given BOrr-"' ce Lender ' S. agar Bo O'.r shall ,solve the R.-Am h Lender Mae, given notice W the "mg(s) that or Lendee s agents. Howe' 22 of the S.curity Instrument, snd () oonstitutss an absduw default piasusmt to Seeti Paid 2 L • or lily s aSent. This asaigm of Rents the traits are to be P for additaRd secmitY Only, Sprrower " be held by assignment and not sn assignmsn?t ?: (i) alt Rents received by Seourit If Leader Sines naiee of detlsnlt to 1-T *l to be applied to the stuns secured by the (iiy Borrower as avsw for the bawfit of Lender lee receive all of the its of the Property: lnsumovo r (ii) Lender shall be entittad aod 319SS2 APPL #k:0001300390 Doe fk : iniyfale: fOt rage a or 4 4sra (MW,) gK 1953PG3345 ?_.?_ 11-17-'09 14:22 FROM- T-791 P0030/0040 F-983 Borrower agrees that each wonnt of the Property shall pay all Ranks due and unpaid to Lender or Lender's agents upon Le-Mex's written demand to the Rant; (iv) unlesi applicable law provides olhet se, all Rants collected by Lender or Lends'' a agents shall be applied first to then costs of taking control of and managing the property and collecting the Refit, including, but not Liza ed to, &%= W s fees, roodyar's fees, ptemximns on reoeiver's bands, repair and mainteu mot costs, insurance premitans, taxes, assessments mod other charges on the Property, and then to the stuns secured by the Security Instrurnatt; (v) Lwhdar, Loader's agents or any judicially appointed receiver shall be liable to sceoemt for only those Rents actually received; a W (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the Prop" and collect the R.onts and profits derived from the Property without any showing its to the inadequacy of the Property as sccnriry. If the Rents of oho Property are ant sufficient to cover the costs of taking control of and managing the Property and of collecting the Rents any Ruda expended by Lender far such purposes shall became indebtedness of Borrower to Lender secured by the Security Instrument pursuant to Section 9. Borrower represents and warrants that Borrower has not exo0oted any prior o4sigarnant of the bents mod has not performed, and will not pertb:m, any PA that would prevent Lender from exeroising its rights under this paragraph. Lender, or Lender's agents at a judicially appointed receiver, shad not be requited to enter upon, take control of or maintain the Property before or after giving notice of default to Borrower. However. Lender, or Lender' a agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Ramos shall not cure or waive arty default or invalidate any other- right or renuody of Lender. This assignment of Rents of the Property shall terminate witen A the stuns secured by the Security Instrtment are paid in full. I. t ROSS-DIFAUI.T PROVISION. Borrower's default or breach under any orate or agreement in which lender has an interest shall be a brnaoh under the Security instrument and Leader may invoke any of the remedgs porrnihod by the Security Instrument. DOC 4;319833 ?57tt (0acu7) APPL 4:0001300390 Page 3 of 4 lnitiala: at Use I 953PG3346 11-17-'09 14;22 FROM- BY SIGNING BELOW, Sorrowor accepts wW agave to the Family hider. _-_., {Seel} 4rrlC Garrett A neoke •Borrow4r -(saw) -Borrower -Sormwer -(Seal) •Soaower -(5aai) {Seat) '?r?* -Borrower (Seal) (&4) awowcr Borrower DQ9 :319634 APPL (1;0001300190 (OM) Pap 4 of a I Certify this to be recorded In Cumberland County PA Recordm of Leads T-791 P0031/0040 F-983 provisions contained in dsss 1-4 Farm 3170 1101 193134 ALEG-40 f. I,;- it lka-, LE OF THE PPOTH!! NOTARY 2009 DEC -9 PM 2: 58 Cl1Mt Jui ,NTY PENNSYLVANIA +ga.oo Pty ATTY OR,* 85041 tr* a34 w8 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy b i F 1 C-QEE10E 17 T NE P 01 HOH0TARY H,19 OCT 12 AM 10: 1--: Richard W Stewart Solicitor QFFicF `4 HSBC Bank USA vs. Garrett Decker Case Number 2009-8515 SHERIFF'S RETURN OF SERVICE 03/15/2010 Ronny R. Anderson Sheriff who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Garrett Decker, a/k/a, Garrett A. Decker but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. 03/30/2010 08:58 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on March 30, 2010 at 2054 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Garrett Decker, located at 306 Shatto Drive, Carlisle, Cumberland County, Pennsylvania according to law. 04/20/2010 Perry County Return and now the, 15th day of April 2010, served the within Real Estate Writ, Notice of Sale and Description upon Garreett Decker, the defendant, by making known unto Garreett Decker at Rye Township, .625 Dutch Cemetary Road, Marysville, Pennsylvania its contents and at the same time handing to him a true and correct copy of the same. So Answers: Derk Botes, Deputy Sheriff of Perry County, Pennsylvania 05/28/2010 Property sale postponed to 7/7/2010. 07/07/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on July 7, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Terrance McCabe, on behalf of HSBC Bank USA, National Association, as Trustee for Deutsche Alt-13 Securities Mortgage Loan Trust, Series 2006-AB4, Mortgage Pass-Through Certificates, 3 ADA, Irvine, CA 93063, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 1,084.43 SHERIFF COST: $1,086.43 October 11, 2010 SO ANSWERS, RbNPT? R ANDERSON, SHERIFF .DV e) • 04W P?. Cam. . _5v COU!ltySugn Sheriff. 121eosofl_ h?.-- . 14 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 HSBC Bank USA, National Association, as trustee for the holders of Deutsche Alt-B Securities Mortgage Loan Trust, Series 2006-AB Mortgage Pass-Through Certificates Plaintiff V. Garrett Decker aWa Garrett A. Decker Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 09-8515 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 306 Shatto Drive, Carlisle, Pennsylvania 17013, A copy of the description of said property being attached hereto and marked Exhibit "A." 1. Name and address of Owners or Reputed Owners Name Address Garrett Decker a/k/a 3625 Dutch Cemetary Road Garrett A. Decker Marysville, PA 17053 2. Name and address of Defendant in the judgment: Name Address Garrett Decker a/k/a 3625 Dutch Cemetary Road Garrett A. Decker Marysville, Pennsylvania 17053 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real, property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein Yorktown Funding, Inc. Mortgage Electronic Registration Systems, Inc., acting solely as nominee for First Mariner Bank First Mariner Bank 1104 Fernwood Ave. Suite 302 Camp Hill, Pennsylvania 17011 P.O. Box 2026 Flint, Michigan 48501-2026 1501 S Clinton St Baltimore, Maryland 21224-5730 5. Name and address of every other person who has any record lien on the property: Name Address North Middleton Township 1700 Walnut Bottom Rd Carlisle, Pennsylvania 17015 North Middleton Township North Middleton Township 25 Channel Dr Carlisle, Pennsylvania 17013 2051 Spring Rd Carlisle, Pennsylvania 17013 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name None Address 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: Name Address Tenants/Occupants 306 Shatto Drive Carlisle, Pennsylvania 17013 Commonwealth of Pennsylvania Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 Commonwealth of Pennsylvania 110 North 8" Street Inheritance Tax Office Suite #204 Philadelphia, PA 19107 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department #280601 Inheritance Tax Division Harrisburg, PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O. Box 8486 Recovery Program Harrisburg, PA 17105-8486 PAbepartment of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg, PA 17128-1230 Compliance ATTN: Sheriffs Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 Domestic Relations P.O. Box 320 Cumberland County Carlisle, PA 17013 United States of America Name and address of Attorney of record: Name Douglas R. Roeder, Esquire c/o United States Attorney for the Middle District of PA 235 North Washington Street Scranton, PA 18503 and Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 Address 711 N. 2nd St. Suite 2 Harrisburg, Pennsylvania 17102 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 subjectlo the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to autth March 4. 2010 RRENCE J. McCABE, ESQUIRE DATE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract of unimproved land situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Final Subdivision Plan of Kendor Summit as last revised on January 23, 1987, prepared by Gerritt J. Betz Associates, Inc., consisting of two pages, copies of which were recorded on April 10, 1987, in the hereinafter named Recorder's Office in Plan Book 52, Page 111, and are incorporated herein by reference as follows: BEGINNING at a point on the northwestern line of 60 feet wide Shatto Drive at the dividing line between Lots Nos. 15 and 16; thence along said western line of 60 feet wide Shatto Drive, South 60 degrees 45 minutes 20 seconds West a distance of 27.18 fleet to a point; thence still along said western line of 60 feet wide Shatto Drive by a curve to the left having & radius of 330 feet an arc distance of 126.49 feet to a point at the dividing line between Lots Nos. 14 and 15; thence along said dividing line between said Lots Nos. 14 and 15, North 51 degrees 12 minutes 22 seconds West a distance of 265.00 feet to a point at comer common to Lots Nos. 12, 14,15, and 18; thence along the dividing line between Lots Nos. 15 and 18 and continuing along the dividing line between Lots Nos. 15 and 16, North 30 degrees 01 minutes 10 seconds East a distance of 134.39 (erroneously 134.30) feet to a point at the dividing line between Lots Nos. 15 and 16; thence along said dividing line between said Lots Nos. 15 said 16, South 54 degrees 02 minutes 20 seconds East a distance of 320.00 feet to a point on the western line of 60 feet wide Shatto Drive at the Place of BEGINNING. BEING all of Lot No.s 15 as shown on said Final Subdivision Plan of Kendor Summit recorded as aforesaid, and containing an area of 40,246 square feet, more or less. BEING PARCEL NU*ER 29-07-0471-049 BEING KNOWN AS 306 Shatto Drive, Carlisle, Pennsylvania 17013. BEING the same premises which Wayne M. Gehr by deed dated June 7, 2005 and recorded June 7, 2005 in the office of the Recorder, in and for Cumberland County in Deed Book 269, Page 1375, granted and conveyed to Garrett Decker a/k/a Garrett A. Decker and Karen S. Decker in fee. Upon the death of Karen S. Decker, title became vested in Garrett Decker a/k/a Garrett A. Decker. huNtA 7 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW HSBC Bank USA, National Association, as trustee for COURT OF COMMON PLEAS the holders of Deutsche Alt-B Securities Mortgage Loan Trust, Series 2006-AB Mortgage Pass-Through CUMBERLAND COUNTY Certificates V. Garrett Decker a/k/a Garrett A. Decker Number 09-8515 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Garrett Decker a/k/a Garrett A. Decker 3625 Dutch Cemetary Road Marysville, Pennsylvania 17053 Your house (real estate) at 306 Shatto Drive, Carlisle, Pennsylvania 17013 is scheduled to be sold at Sheriffs Sale on June 2, 2010 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $257,606.93 obtained by HSBC Bank USA, National Association, as trustee for the holders of Deutsche Alt-B Securities Mortgage Loan Trust, Series 2006-AB Mortgage Pass-Through Certificates against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to HSBC Bank USA, National Association, as trustee for the holders of Deutsche Alt-B Securities Mortgage Loan Trust, Series 2006-AB Mortgage Pass-Through Certificates the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of unimproved land situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Final Subdivision Plan of Kendor Summit as last revised on January 23, 1987, prepared by Gerritt J. Betz Associates, Inc., consisting of two pages, copies of which were recorded on April 10, 1987, in the hereinafter named Recorder's Office in Plan Book 52, Page 111, and are incorporated herein by, reference as follows: BEGINNING at a point on the northwestern line of 60 feet wide Shatto Drive at the dividing line between Lots Nos. 15 and 16; thence Along said western line of 60 feet wide Shatto Drive, South 60 degrees 45 minutes 20 seconds West a distance of 27.1$ feet to a point; thence still along said western line of 60 feet wide Shatto Drive by a curve to the left having & radius of 330 feet an arc distance of 126.49 feet to a point at the dividing line between Lots Nos. 14 and 15; thence along said dividing line between said Lots Nos. 14 and 15, North 51 degrees 12 minutes 22 seconds West a distance of 265.00 feet to a point at corner common to Lots Nos. 12, 14,15, and 18; thence along the dividing line between Lots Nos. 15 and 18 and continuing along the dividing line between Lots Nos. 15 and 16, North 30 degrees 01 minutes 10 seconds East a distance of 134.39 (erroneously 134.30) feet to a point at the dividing line between Lots Nos. 15 and 16; thence along said dividing Be between said Lots Nos. 15 said 16, South 54 degrees 02 minutes 20 seconds East a distance of 320.00 feet to a point on the western line of 60 feet wide Shatto Drive at the Place of BEGINNING. BEING all of Lot No..15 as shown on said Final Subdivision Plan of Kendor Summit recorded as aforesaid, and containing an area of 40,246 square feet, more or less. BEING PARCEL NUMBER 29-07-0471-049 BEING KNOWN AS 306 Shatto Drive, Carlisle, Pennsylvania 17013. BEING the same prentises which Wayne M. Gehr by deed dated June 7, 2005 and recorded June 7, 2005 in the office of the Recorder:in and for Cumberland County in Deed Book 269, Page 1375, granted and conveyed to Garrett Decker a/Va Garrett A. Decker and Karen S. Decker in fee. Upon the death of Karen S. Decker, title became vested in Garrett Decker alk/a Garrett A. Decker. ..4, ,t McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC $. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad, Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW HSBC Bank USA, National Association, as trustee for the holders of Deutsche Alt-B Securities Mortgage Loan Trust, Series 2006-AB Mortgage Pass-Through Certificates V. Garrett Decker a/k/a Garrett A. Decker Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 09-8515 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Garrett Decker a/k/a Garrett A. Decker 3625 Dutch Cemetary Road Marysville, Pennsylvania 17053 Your house (real estate) at 306 Shatto Drive, Carlisle, Pennsylvania 17013 is scheduled to be sold at Sheriffs Sale on June 2, 2010 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the courtjudgment of $257,606.93 obtainied by HSBC Bank USA, National Association, as trustee for the holders of Deutsche Alt-B Securities Mortgage Loan Trust, Series 2006-AB Mortgage Pass-Through Certificates against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to HSBC Bank USA, National Association, as trustee for the holders of Deutsche Alt-B Securities Mortgage Loan Trust, Series 2006-AB Mortgage Pass-Through Certificates the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 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. You may also be able to stop the sale through other legal proceedings. a You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) a YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 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 McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE, YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of unimproved land situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Final Subdivision Plan of Kendor Summit as last revised on January 23, 1987, prepared by Gerritt J. Betz Associates, Inc., consisting of two pages, copies of which were recorded on April 10, 1987, in the hereinafter named Recorder's Office in Plan Book 52, Page 111, and are incorporated herein by, reference as follows: BEGINNING at apoint on the northwestern line of 60 feet wide Shatto Drive at the dividing line between Lots Nos. 15 and 16; thence along said western line of 60 feet wide Shatto Drive, South 60 degrees 45 minutes 20 seconds West a distance of 27.1 feet to a point; thence still along said western line of 60 feet wide Shatto Drive by a curve to the left having & radius of 330 feet an arc distance of 126.49 feet to a point at the dividing line between Lots Nos. 14 and 15; thence along said dividing line between said Lots Nos. 14 and 15, North 51 degrees 12 minutes 22 seconds West a distance of 265.00 (feet to a point at corner common to Lots Nos. 12, 14,15, and 18; thence along the dividing line between Lots Nos.',15 and 18 and continuing along the dividing line between Lots Nos. 15 and 16, North 30 degrees 01 minutes 10 seconds East a distance of 134.39 (erroneously 134.30) feet to a point at the dividing line between Lots Nos. 15 and 16; thence along said dividing line between said Lots Nos. 15 said 16, South 54 degrees 02 minutes 20 seconds East a distance of 320.00 feet to a point on the western line of 60 feet wide Shatto Drive at the Place of BEGINNING. BEING all of Lot No. J 5 as shown on said Final Subdivision Plan of Kendor Summit recorded as aforesaid, and containing an area of 40,246 square feet, more or less. BEING PARCEL NUMBER 29-07-0471-049 BEING KNOWN AS 306 Shatto Drive, Carlisle, Pennsylvania 17013. BEING the same prom ses which Wayne M. Gehr by deed dated June 7, 2005 and recorded June 7, 2005 in the office of the Record r in and for Cumberland County in Deed Book 269, Page 1375, granted and conveyed to Garrett Decker a/k/j Garrett A. Decker and Karen S. Decker in fee. Upon the death of Karen S. Decker, title became vested in Garrett Decker a/k/a Garrett A. Decker. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-8515 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC BANK USA, NATIONAL ASSOCIATION, as Trustee for the holders of DEUTSCHE ATL-B SECURITIES MORTGAGE LOAN TRUST, SERIES 2006-AB MORTGAGE PASS-THROUGH CERTIFICATES, Plaintiff (s) From GARRETT DECKER a/k/a GARRETT A. DECKER (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 $257,606.93 L.L. $.50 Interest from 2/3/10 at $42.35 -- $5,082.00 Atty's Comm % Due Prothy $2.00 Atty Paid $189.90 Other Costs Plaintiff Paid Date: 3/9/10 id D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: TERREINCE J. MCCABE, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-190-1010 Supreme Court ID No. 16496 On March 22, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in NdPth Middleton Township, Cumberland County, PA, O K6own and numbered, 306 Shatto Drive, Carlisle, amore fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P, Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Deutsche Alt-B Securtities Mtg Loan Trust, Tr is the grantee the same having been sold to said grantee on the 7th day of July A.D., 2010, under and by virtue of a writ Execution issued on the 9th day of March, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 09 Number 8515, at the suit of Garrett aka Garrett A Decker against Deutsche Alt-B Securities MtgLLn Tr, Tr is duly recorded as Instrument Number 201029002. IN TESTIMONY WHEREOF, I have e hereunto set my hand and seal of said office this day of of Deeds ftmr rao*0Wbefrrd0MMV,COWPl My Cannie m Eon to Bret MwWgt of JuL 2014