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Home My WebLink About09-8529McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 L,)?TSWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Attorneys for Plaintiff Philadelphia, Pennsylvania 19109 (215) 790-1010 Deutsche Bank National Trust Company, as Trustee for, Ameriquest Mortgage Securities Inc., Quest Trust 2004-X2 Asset Backed Certificates, Series 2004-X2, under the Pooling and Servicing Agreement dated June 1, 2004 3 ADA Cumberland County Court of Common Pleas Number O q- ELsaq 0'waTerr' Irvine, California 92618 V. Robert C. Drabenstadt, Jr. 136 Sunnyside Drive Carlisle, Pennsylvania 17013 and Susan L. Drabenstadt 136 Sunnyside Drive Carlisle, Pennsylvania 17013 CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le ban 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 1. Plaintiff is Deutsche Bank National Trust Company, as Trustee for, Ameriquest Mortgage Securities Inc., Quest Trust 2004-X2 Asset Backed Certificates, Series 2004-X2, under the Pooling and Servicing Agreement dated June 1, 2004, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Robert C. Drabenstadt, Jr., who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 136 Sunnyside Drive, Carlisle, Pennsylvania 17013. 3. The Defendant is Susan L. Drabenstadt, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 136 Sunnyside Drive, Carlisle, Pennsylvania 17013. 4. On October 14, 2003, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Ameriquest Mortgage Company which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1842, Page 0264. 5. On February 19, 2009, the aforesaid mortgage was thereafter assigned by Citi Residential Lending Inc., as Attorney-in-Fact for Ameriquest Mortgage Company to Deutsche Bank National Trust Company, as Trustee for, Ameriquest Mortgage Securities Inc., Quest Trust 2004-X2 Asset Backed Certificates, Series 2004-X2, under the Pooling and Servicing Agreement dated June 1, 2004, by Assignment of Mortgage, recorded in the Office of the Recorder of Cumberland County in Assignment of Mortgage Book Instrument # 200904523. 6. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 136 Sunnyside Drive, Carlisle, Pennsylvania 17013. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due November 1, 2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following amounts are due on the mortgage: Principal Balance $ 105 439.54 Interest through November 12, 2009 $ , 10 672 13 (Plus $21.67 per diem thereafter) , . Attorney's Fee $ 1 250 00 Late Charges $ , . 590 64 Corporate Advance $ . 200 00 Escrow Advance $ . 1,978.72 GRAND TOTAL $ 120,131.03 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 $120,131.03, together with interest at the rage of $21.67 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, D CONWAY,P.C. BY:? Attc ffieys for Plaintiff TERRENCE J. McCAB S IRE MARC S. WEISBERG, QUIRE 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, WEISBE??RiD CONWAY,P.C. BY: 17f?- Attorneys for Plaintiff TERRENCE J. McCABE, Ul MARC S. WEISBERG, E QUI EDWARD D. CONWAY, UI MARGARET GAIRO, ESQUIRE 11-17-'09 14:00 FF3OM- 5-9) PreparedBy:Ameriquest Mortgage Company Susan Miller 150 Corporate Center Drive, Suite 102.Camp Hill, PA 17011 T-787 P0008/0047 F-976 cRLAN'D CoUtNTY OCT 23 8PI 10 23 Return To: Ameriquest Mortgage Company P.O. Box 11507, Santa Ana, CA 92711 Parcel Number: 21.04.0371 [Space Above ThW Una For Raam ft Datal MORTGAGE Dl?FCb TIONS Words used in multiple sections of this document are defined below and, othar words are defined in Sections 3, 11, 13, 19, 20 and 21. Certain rules regarding the usage of words used in this document are also provided In section 16. (A) "Security Inst wnent" means this document, which is datedO c t o b e r 14, 2003 , together with aft hiders to this document. (B)"1lorr+ewer"isR09ERT C DRABENSTAOT, Jr. and SUSAN L DRABENSTADT, Husband and Wife Borrower is the mortgagor uudcr this SecuriV instrument. (C) "Lender" is Ameri quest Mortgage Company Lender is a Corporation 0059811489-5697 PENNSYLVANIA • Single Family - Fannie MmA keddis Mac UNIFDAM INMUMENT Fart„ 3039 .1101 1SIaAiroaoei 10114/2003 6:56:54 r'+a• of to tn>N& VMI° MO(tTOAClE FpRM9 . (c60162 K 1842PG0264 11-17-'09 14;00 FROM- T-787 F0029/0047 F-976 orgauizcd and exiadq under the laws of 0 e 1 a wa r e Under's address is 1100 Town and Country Road, Suite 200 Orange. CA 92968 tender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and datedlctober 14, 2003 The Note states that Borrower owes Leadcrone hundred nine thousand seven hundred twenty-five and 00/100 Dollars (U.S. $109, 725.00 ) phis interest. Borrower has promised to pay this debt iu regular Periodic. Payments and to pay the debt in full not later than November 1, 2033 (E) "Property" meats the property that is described bellow widzr the beading "Transfer of Rights in tic Prop"-* (F1 "Loath" means the debt evidenced by the Now, plus interest, any prcpaym * charges and late cl%arges due wuisr the Note, and all sums doe under this Security 1ualrumeta, phr, Wcrest. (G) "Riders" meam all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [chock boa as applicable]: Adjustatb Rate Rider Condominium Rider 0 Second Home Rider Balloon Rider Planned Unit Development Rider H1-4 Vu2ily Ridat VA Rider Biweekly Payment Rider Other(s) [specify] (H) "Applicable IA W means all controlling applicable federal, state and local statutes, regulations, ordinances and admin6Uativ* roles and orders (that have the d*ct of law) as well as all applicable Owl, non-appealable judicial opinions. (1) "Conotmity Association Dues, Fees, and Minnie" means all dues, fees, asaessments and other charges that are imposed an Borrower or the Property by a condominium association, homeowners association or similar organization. (.) "Eleedroaic Funds Transfer" maw any transfer of f rods, other than a transaction originated by cheek, draft, or similar paper insw2ruent, which is initiated through an electronic terminal, telephonic inswument, computer, or nmagh do tape so as to order, instruct, or authorize a f oancial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions. transfers irdtiated by telephone. wire transfers, and automated cleminghmm transfers. (W "Escrow Items" umans those items tlhat are described in Section 3. (Y.) " 1?Dscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds pair[ under the coverages described in Section 5) far: (?) damage to, or desmxtion of, the Propcr y; (ii) condemnation or odw talring of all or any part of the Property; (iii? conveyance in lieu of condemnation: or (iv) misrepresentations of, or omissions as to, the value and/or condition of rho Property, (l4i) "Mortgage Insurance" means insurance protecting tender against the nonpayment of. or default on, the Lose. (N) "Periodic Playment" means the regularly scheduled amount due for (i) peal and interest under the Now, plus (ii) any amounts under Solon 3 of this Security Instruunem. 0059811489-5697 ,'Aem.:: t 14(PA)tooom Pq.29r,s 10/14/2003 8:56:54 Fo=3039 1/01 1 ?r l BK i 842PGO265 11-17-'09 14:00 FROM- T-787 P0010/0047 F-976 (a) " iZESPA" means the Real Estate Settlement Procedures Act (IZ U.S.C. Section 2601 et seq.) and its implementing regulation, Raguiation X (24 C.P.R. Part 3500), as they migirt be amended from time to time, or any additional or successor legislation or regulation that governs the some subject matter. As used In this Security Instrument, "RE.SPA" refers to all regairemen s and restrictions that are imposed in regard to a "Weral(y related mortgage loan" ever) if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has essmmed Borrower's obligations under the Note andlor this Security Instsurnent. TRANSFER OF RIGHTS IN THB PROP13RTY This Sewrity Instrument secures to Lander: (i) the repayment of the loan, and all renewals, extensions and modifications of the Note; and (i[) the performance of Bormwer's covenants and agreements under this Security Instrument and the Note. Por this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the County IM of xecordW 7vrasMianl of CUMBERLAND (Name of:Rcamding ruriadWonl Legal Description Attached Hereto and Made a Part Hereof. which cur vmfly has the &ddrew of 136 SUNNYS I DE OR CARLISLE ("Property Address"): Isaeeal ICKA, Pennsylvania 17013 [Zip Cmcl TOGETHER WITH all the frttlrrovements now or hereafter erecicd on the property, ail all easements, appartenaacns, and fixtwes now or hereafter a part of the property. AA replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to is this Security Instrument as rho "Property." 0059811489-5697 s{pAitooooi ?q?9oT16 10/14/200 6!64 For-31039 Iml 61 1 BK 1842PUD266 11-17-'09 14,00 FROM- T-787 F0011/0047 F-976 BORROWER COVMANTS that Borrower is lawfully seised of the estatt hereby conveyed and has the right to mortgage, grant and convey the Property and that dw Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend genially the title to the Property against an Claims and demands, subject to any encumbrances of record. THIS SBCURiTY INSTRU'T combines uniform covenants for national use and non uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS, Borrower and Lender covenant and agree as follows: 1, Payment of Pdacipal, Iasercst, Rscsow Xtenw, Prepayment Charges, and Late Charges. Borrower shall pay when due the princtlz+l of, and interest on, the debt evidenced by the Note and any prepayment charges and lace charges due under the Note. Borrower shall also pay Fonda for Becrow Items pursuant to Section 3. Payments dun under the Note and this Security tastrament shall be made in U,S. currency. However, if any check or other instrument received by Lender as payment under flit Note or this Security Inattvmemt is returned to LeWor unpaid, Lender may require that any or all subsequent payments due under the Kota and this Security Instrument be grade m one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Traudfer. Payments are deemed received by Lender when received at the location sksignated in the Now or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hermunder or prejudice to its rights to refuse such payment or partial payments in the .fimnre, but Lender is not obbgatcd to apply such paymeab at the time such payments are accepted. If each Periodic Payment is applied as of :Ira scheduled due duke, then Lender need not pay interest on unapplied fins. Lender may hold such unapplied funds until Borrower malitts payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall tither apply such funds or remm them to Borrower. If not applied earlier, such hands will be applied to the outstanding principal balance under the Note immediately prior to foreclosuure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Mote and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 1. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shalt be applied to each PCriadic Paymant in the order In which it became due. Any remaining amounts stink be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Leader receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payrtlent may be applied to the delinquent payment acid tltte late ebarge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can bo 0069811489.5697 mmea: 444-6tPar loooa? Pago A of 16 10/1412003 8:56: 554 PO" aoaa 1101 ,,ot?f....r - z -ll,. 0. ..8K1842PGO267 11-17-'09 14;00 FROM- T-787 P0012/0047 F-976 paid in fWL To the extent that any excess exists after the payment its applied to the full Payment of one or more Periodic Payments, such excess may be applied to any late charges due, Voluntary Prepayments shall be applied &at to any prepayment charges and then as described In the Viola. Any application of payments, insurance proceeds, or Miacellanaom Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Fonds for Escrow I*-W, Borrower shall pay to Lender a" thr day Periodic Payments arc due under the Now, until the Note is paid in full, a stmt (the "Fends") to provide for payment of amounts due for: (a) taxes and asWsmente and other items which oar attain priority over this Security Instrument as a Lien or encumbrance on due Property; (b) leasehold payrwnts a ground rents on the Property, if any; (C) premiums for any and all insurance required by Lender under Section. 5; and (d) Mortgage Tnsurance premi tun, if any, at any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance prerutums in accordance with the provisions of Section 10. 'T'hose items ate called "Escrow Items." At origination or at any time daring the term of the Loan, Lender may require that Community Association Daea, Pees, and Assessments. if any, be escrowed by Borrower, and such does, fees and assessments shall be an Bscrow Item. Borrower shall promptly furnish to Undw all notices of amounts to be paid under this Section. Borrower shalt pay Lander this Funds for Escrow hem unless Lender waives Borrower's obitgation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Leader Punds for my or all Escrow Items at any time. Any such waiver may only be in writing. in the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for my Escrow Ricans for which payment of Ponds has been waived by Lender and, if Lender requires, shall Airnish to Lender receipts evidencing such payment within such time period as bender may Tcquire. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreementcontained. in this Security Instrument, as ft 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 Itran, Lender may exercise its rights under Section 9 and pay such amour amt Borrower shall than be obligated under Section 9 to repay to Lender any such anrwutt. Lender may 'revoke the waiver as to any or all Escrows Items at any dnte by a notice given in accordance with Section 15 and, upon such revocation, Boxrower shall pay to Lender all Funds, and in such anion=, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply that Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require undcr ItBSPA. [sender shalt estimate the amount of Funds duo on ft basis of current data and reasonable estimates of expenditures of furore Escrow hem or otherwise is accordance with Applicable Law. Tbc funds shalt be held in ant institution whose deposits are insured by a federal agency, instrunmtaiity, or entity (including Lender, If Leader is an institution whose deposits are so insured) or in any Paderal Home Loan Bank. Lender a W apply to Pnands to pay the Escrow Items no later theta the time specifWd under &P.SPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying ttte Escrow Items, unless Lender pays Borrower interest on the Pun& and Applicable Law permits Landcr to nuke such a charge, Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earciap on the Funds. Borrower and Lmuiar can agree in writing, however, that interest 0059811489 -5697 'mnr.: OVBIPAt tcoost P.p.6 of to 10/14/2003 ?n; 54 Form ao3s 110 t BK l 842FG0268 11-17-'09 14;01 FROM- T-787 P0013/0047 F-976 shall be paid on the Fends. Lcnder shall givc to Borrower, without charge. an auuaai accounting of the Ponds as required by RESPA. ff there is a sarplas of Ponds held in escrow, as defined under ROM Lender shall account to Borrower for the excess funds in accordance with IiMA. U there is a shortage of Punds held in escrow, as defined under RRVA, Lender shall notify Borrower as required by RESPA, and Rorrower shall pay to Lander the amount necessary to make up the shortage in accordance with RB,SPA, but is no more than 12 monthly payments, If there is a deficiency of Funds held in escrow, as defined under RQWPA, Lender shall notify Bormwer as required by RBSPA, and Borrower shall pay to Lander the amount necessary to make up the deficiency in accordance with RBSPA., but in no more than 12 monthly payments. Upon payment in full of all Sams secured by this Security Instrummt, Lender shall promptly refund to Borrower any Ponds held by Lender. 4. Chargfas; Lkns. Bomwer shall pay all taxes, assessments, charges, tines, and impositions attributable to the 'Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association. Does, Pees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the m maer provided in Section 3, Borrower shall promptly discharge any lien which `bas priority over this Security instrument unless Borrower: (a) agrees in wrift to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is Performing such agreement, (b) contests the lien in good faith by, or dcf'ends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lion while those prooeedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lieu to this Security Instrument. if Lender determines that any part of the Property is subject to a lien which can atudu priority over this Security Insb merit, Lander may give Borrower a notice identifying the lion., Within 10 days of die date on which that notice is given, Borrower shalt satisfy the lien or take one or more of die actions set forth above in this Section 4. Lander may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service uscd by Lander in connection with this Loan. $. Property Insurance, Borrower shall keep the improvement now existing or hereafter erected on the Property insured against loss by fire, hazards included within the torn "extended coverage," and any other hazards including, but not limited to, cat*quakes and floods, for which Lender requires insurance. This instame shall be maintained in the amounts (including deductible levels) and for the periods that Leader requires. What Lender requires rinusnt to the preceding sentences can change during the form of the Iran. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Leader may require 'Borrower to pay, in connection with this Goan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a ane-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be reVonsible for the payment of any fees imposed by the Federal EmfsWncy Management Agency in connection with the review of any flood zone determination resulting from an objection by Bmawer. 0059811489-5697 muat¦: 40.0(PA) toooe? care a of i a 10/14/2003 0:56;54 Ra"n3039 1/01 $K 18 421 G0269 11-17-'09 14.01 FROM- T-787 P0014/0047 F-976 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at bender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or ammount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borr'ower's equity in the Property, or the coments of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than wan previously in of oo. Borrower acknowledges that the cost of the insurance coverage so obtsised might signifieaWly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this section 5 shall become additional debt of Borrower secured by this Security Indent. These amounts shall bear interest at the Note rate from the data of diabursement and shall be payable, with such interest, upon notice from Lander to Borrower requesting payment. Ali insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lander as mortgagee andlor as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lander all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee mWor as an additional lose payee. In the evem of lass, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of Im if not made promptly by Borrower. Unlcas Lender and Borrower otherwise agree in writing. any insur=a proceeds, whether or not the underlying insurance was required by Leader, shall be applied to restoration or repair of the Property, if the restoration or repair is eeonomk4lly feat and LendmIs security is not lessened. During such repair and restoration period, Lender shag have the right to hold such tusuraws proceeds until Leader has bad an opportmity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs ad restoration in a single payment or In a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Leader shall not be required to pay Borrower any interest or earnings on such proceeds. Pees for public adjustors, or other third patties, retained by Borrower shall not be paid out of the insurance procoods and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then true, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Properly, Leader may Bic, negotiate and settle any available insurance claim and related maters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin whin the notice is given. In tither event, or if Lender acquires the Property under Section ZZ or otherwise, Borrower hereby assigas to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument. and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender nary use the *nsarance proceeds either to repair or restore the. Property or to pay amounts unpaid under the Note or this Security Instru mont, whether or not then due. 0059811489-5697 -6tPAI moans} Pave r m 18 W14/2003 6:54 Form 3039 7 rot DR t 842PGO270 11-17-'09 14;01 FROM- T-787 P0015/0047 F-976 6. Otxttptttaey. Borrower Shall occupy, establish, and use the Property as Borrower's principal residence within 60 days miter the execution of this Security Instrument and shall condmre to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent hall not be unreasonably withheld, or unless extenuating r-kcanistances exist which are beyond Borrower's control. 7. Preomadoa, Mainteaanee and Protecden or the Prepwq; Inspection. Borrower shall not destroy, daz age or impair flue Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residiug in the Property, Borrower shall.: maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its coation. UWass it is . determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid father detMondoa or damage. If insurance or condemnation proceeds are paid in conarection with damage to, or the taking of, the Property, Borrower shall be rospondble for repairing or restoring the Property only if Lender has released proceeds for arch purposes. Leader may disburse proceada for the repairs and reswratilon is a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property. Borrower is not relieved of Borrower's obligation for ft completion of sump repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property, If it has reasonable emme, Lender may inspect the interior of the improvetawts on the Property. Lender Shall give Borrower notice at the time of or prior to such an Interior inspection spadfybn such reasonable cause. 8. Borrower's Loan Appkatlon, Borrower shall be in default if, during the Loan application proc esei Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material Informadon) is comacction with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy bf the Property as Borrower's principal residence. P. protection or Le'ader's Interat in the Property grid Rights Undw " Security Instr MMA. If (a) Borrower falls to perform tht covenants and agreemetus contained in this Security Instrument, (b) there is it legal proceeding butt might significantly affect Lender's interest in the Property and/or rights uudcr this Security Instrument (such as a proceeding In banimVtoy, probate, for condemnation or forfeiture, for enforcement of it lien which may attain priority over this Security lostrarueut or to enforce laws or regulations), or (c) Borrower has abandoned the Property, they Lender may do and pay for whatever Is reasonable or appropriate to protect Leader's interest in the Property and rights under this Security Inswit ent, including protecting and/or assessing the vahte of the P'roperty' and securing and/or repairing the Property, Lender's actions can include, but are not limited to,, (a) paying any sums secured by a lien which has priority over this Security Instmumerm, (b) appearing in court; and (c) paying reasonable attorneys' furs to protect its interest In the Prop" and/or rights under this Seourhy Instrument, including its secured position in a baWmVtcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, elitminue, building or other code violations or dangerous oondittous, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligadcm to do so. It is agreed that lender Wars no liability for not taking any or all actions authorized under this Section 9. 0059811489 -5697 InhW44 46(PA)moast l+.ersaia 10/14/2003 8:56:54 Form3039 1101 BXI842KNZ71 11-17-'09 14 ; 01 FROM- T-787 P0016/0047 F-976 Any amounts disbursed by Lander under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. 'These amounts shall bear interest at the Note rate from the date of diebtu' Lynt and shall be payable, with such interest, upon notice from Lender to Borrower regnseng payment. If this Security Instrument is oa a Ieasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to Ow merger in writing. 10. Mortpp b murnace. If Lender required Mortgage insurance as a Condition of maldng the Loan, Borrower shall pay the premiums required to maintain tins Mortgage Iasaranee in effect- If, for any reason, the Mortgage Insu Canoe coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance. Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect; at a cost substantially equivalent to the coat to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Under. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect, Lender will accept, use and retain these payments as a non-re(undable loss reserve in lieu of Mortgage Insurance. Such loss reserve aball be noon-refundable, notwithstanding the fact that the Loan is ultimately paid in fan, and Lender mall not be required to pay Borrower any iuberust or earnings on such loss reserve. Lander can, no longer require loss 959RE& emfa it Mortgage Itnsruamce coverage (m the amwrtnt and for tar e period that Lender requires) an itrsuttr selected by Leader again be«rraes available, is obtained, and Lander requires signated peymexats toward the preraiurr?s for Mautgaga Insurance. If Lender required Mortgage a condition of ms]rirrg the Loan and Borrower was required to mate separately designated ard the premm?ms for Mortgage l?uramce, Borrower shall pay the premiums required to rtgagd Insurance inn affect, or w provide a note-refintndabit loss reserve, until I.tnder's requircme ar.mortgage Insurance ends in accordanot with any written agreement between Borrower and Lender providing forr such. termination or oxdl termleation is required by AjOicablo Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided m the Note. Mortgage Insura toe relzubtu ms Lender (or any entity that purchases the Notre) for certain losses it may incur if Borrower does not repay the Loan as agrccd. Borrower is not a party to the Mortgage, Insurance. Mortgage insurers evacuate their total risk an all such insurance in farce from tine to time, anted may enter into agreements wi& other parties Out share or modify their risk, or reduce losses. These agreements are on terms and conditions that at sadsthetory to the mortgage insurer and the other party (or parties) to these agreements. These agretauents may require the mortgage insurear to mains payments using any source of funds that the mortgage nmBlm may have available (which may include funds obtained from Mortgage lnsirrame pxpmiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsnnrer, any other endty, or any attillate of any of the foregoing, may receive (directly or Wirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance. in exchange for sharinrha or modifying the mortgage insurer's risk, or reducing losses. if such agreement provides that an alliatn of Larder tatkea a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the wangement is often termed "captive reimsnranve." further: (a) Any sueh avvernems will not affect the ammrnts that Borrower has eVved to pay for Mortgage Insurance, or my other teeters of the Loma. Such aq reemea t will not iacreasse the mnount Borrower will owe for Mor lgatgt Insurence, and trey will not entith Borrower to any reftoct 0059811489 - 5697 4W(PA) (noes) P446 ant 16 10/1 4/ 24 2-A 5 S : 5 Form 3039 1109 6KI842PGO272 11-17-`09 14:01 FROM- T-787 P0017/0047 F-976 (b) Any ouch agreements will not affect the rights Borrower has - It any • with respect to the Mortgage IAmmmee under time Hone ownem Protection Act of 1998 or any other law. These rkgltts may lucl)ade the right to receive certain dlisdaewvs, to request and obtain cancellation of the Morwp Ynaonww4 to have the Mortgage bmanee terntinatatl automatically, and/or to receive a relUnd of my Mortgage lnsnrarmee prenduwx that were unearned at the date of such cancellation or tenolu adon. 11. Aaxipw*ut of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair Is economically feasible and Leader's security is not lessened. During such. repair and restoratoon period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportanity to inspect such Property to ensure the worm has been complettcl to Lender's satisfactuoa, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a sertea of progress payments as the work is completed. Unlen an agrpemmnt is made in writing or Applicable Law requires interest to be paid on such Miscollannona Proceeds, Leader stall not be required to pay Borrower any inn at or earnings on such Miscellaneous Pzneeeds. It the restoration or repair is not economically feasible or Leader's security would be lessened, the Miscellaneous Proceeds shall, be applied to the sums secured by this Security instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Mi=Mueous Proceeds shall be applied in the order provided for in Socdon 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the stuns secured by this Security Lumumetht, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction., or loss in value is equal to or greater than the amount of the sums scoured by this Security Iaatniment immediudy before the partial taking, destruction, or Ines in value, unless Borrower and Lender otherwise agree' in writing, the mums secured by this SwAnity Instrument shall be reduced by she amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in vahm divided by (b) the fair market value of tho Property immediately before the partial taking, destruction, or loss in value. Any balance si>alt be paid to Borrower. In the evdmt of a partial taking, destruction, or loss in value of the Property in which the fair market value of tit: Property immediately before the partial taking, doe ttcdon, or loss in value is less than the amount of the gains seemed irnuuodiately before the partial taking, destruction, or loss in value, unless Borrower and Leittler otherwise agree in wri ft, the Miscelia neonts Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as deed in the next semenco) offers to make an award to some a claim for damages, Borrower fails to respond to Lender within 30 days alter the dais the notice is given, Lester is authorized to collect and apply the Miscellaneous Proceeds either to resuntion or repair of the Property or to the sums secured by this Security Inmuomdnu, whether or not then due. "Opposing Party" moane flu third party that owes Borrower Miscalls us Proceeds or the party against whom Borrower has a right of action in regard to ivdscellancous Proceeds. Borrower shall be in default if any action at proceeding:, whether civil or er'hnainal, is begun that, in Leader's judgment, could result in for*1wre of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can care such a default and, if acceleration has occurred, reinstate as provk1ed in Section 19, by causing the action or proceeding to be 4D -G(PA) 0600) 0059811489-5697 IWOWi: Pa04100119 10/14/2003 B 911 F*"3039 1101 BX 1842PG0273 11-17-'09 14;02 FROM- T-787 P0018i0047 F-976 dismissed with a ruling that, in Lender's ,judgment, prechWea forfeeituro of the Property or other material, impairment of Lender's Interest in the Property or rights under this Security Instrthmaot. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hsztby assigmd and sbahl be paid to Lender. All Miscellaneous proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided. for in Section 2. 12. 18or'rower Not lleleasetl; Forbearance By Under Not a Waiver. Enession of the time for payment or modiftcadon of amortizAion of she soma secured by VAs Security lustrume t granted by Under to Borrower or any Successor in Interest of Borrower shall not opcrate to release the liability of Borrower or any Successors in lamed of Borrower. Lender shall not be retpred to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the stems sectored by ibis Security instnumont by reason of any demand made by the original Borrower or any Suemmors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in interest of Borrower or in amounts less than the ainount then due, shall not be a waiver of or predade the ctemise of any right or remedy. 13. Joist and Severed Liability; Co-slgnersi Sneeewors and Assigns Bound. Borrower covenants and ape% that Borrower's obligutiom?S and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does.not execute the Now (a "oo-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of" Security Instrument; (b) is not personally obligated to pay the shuns sectored b7 this Security Instrument; and (c) Mpes that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security instrument or the Note without the co-signer's consent. Subject to else provisions of Section 18, any Successor in ltternst of Borrower who assumes Borrower's obliptlow under this Security Instrument in writing, anted is approved by Lender; shall obtain all of Borrower's rights and benefits under this Security Insmuneut. Borrower shall not be released from Borrower's obligations and liability under Chris Security Instrument unless Lender agrees to such release in writing. 7bc rovenan#s and agroemmm of this Security Instrument shall bind (except as provided in Sec ion 20) and betsafit the su ceessors and assigns of Lender. 14. 14an Margin Leader may charge Borrower fees for services perforued in connection with Borrower's default, foe the purpose of pprrotecting Lendcr's interest in the Property and rights under this Security Instrumentt, incindiag, but not l eihmte $ to, attornays' foes, property inspection and valuation fees. In regard to any other fees, the absence of express auftrity in this Security Instrument to charge a speci& fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument of by Applicable Law. If the Loan is subject to a law which seta maximum loan charges, and that laws is finally interpreted to 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 shalt be reduced by the amount necessary to reduce the charge to the permiod. limit; and 0) any sutras already collected from Borrower which exceeded permitted limits will be refus*4 to Borrower. Lender may choose to make this refund by reducing the Principal owed under the: Note or by maidng a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepays wal without any prepayment charge (whether or not a prepayment charge is provided for under the Nate). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of acam Borrower might have arising out of such overcharge. 19. Notices. All notices given by Borrower or Leadw in connection with this Security lostrummt must be in writing. Any notice to Borrower in connection with this Security Instrument aball be deemed to 0059811489-5697 4(PA) Cooed) p qe tt of tB hdtll,K Mv, I0/14/2003 8L :54 po,m3039 1101 BKI642FS0274 11-17-'09 14;02 FROM- T-787 P0019/0047 F-976 have been given to Borrower when maUed by first class mail or when actually delivered to Borrower's notice address if seat by other merits, Notice to any one Borrower sball constitute notice to all Borrowers unless Applicable Law expressly requires otharwise. The notice address shall be the Property Address unless Borrower bas designated a substitute notice address by notice to Lender. Borrower shalt promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Soounty Instrt mm at any one time. Any notice to Lender " be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in coumwfon wish this Security luetntnwo shall not be teemed to have been given to Lander until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security lnstrument. 16, Cwvanitt Law; Sevembilityt Raley of Consh' edon. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations cottained in this Security Instnimeat are subject to any requirements and limitations of Ap?icable Law. Applicable Law might a Liddy or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be coofted as a probibitiou against agm want by contract, In the event that any provision or clause of this Security Instrument or the, Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Imiramem or the Note which can be given effect: without the conflit ong pmvidou. As used in this Seowity Ins#rumenv (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (e) the word "may" gives sole discretion without any obligation to take an action. 17. Aarrower's Copy, Borrower shall be given one copy of the Note and of this Security Insunment. 18. Trandt r of the Property or a Benelieial. InterW In 8orrawer. As used in this Section 18, "Interest in the Property" mcans any legal or benefidd interest in the Property, including, but not limited to, those beneficial interests transfetred in a band for deed, contract for deed, installment sales contract or escrow agreement, the intend of which is the transfer of title by Borrower at a fWare date to a purchaser. If all or any part of tlrt Property or any Interest In the Property is sold or uinshrrad (or if Borrower is not a nan &I person and a beneficial ittterost in Borrower is sold or trandared) without Under's prior written consent, lender may require in m xtitatc payment in fall of all sums secured by this Security lustrttment. However, this option sball not be exercised by Leader if such exercise is prolu'bited by Applicable Law. If Lender exercises this option, Leader shall give Borrower notice of acceleration. The notice shall provide a period of not loss than 30 days from the date the notice is given in accordance with Section 15 within which Borrower toast pay all sums secured by this Security Instroment. If Borrower fails to pay these suers prior to the expiration of this period, Lerultr may luvoke any remedies permitted by this Security Instrument without farther notice or demand on Borrower. 19. Borrower's R{ght to Reinstate After Acceleration- If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this SeotuiW Instrumem discontinued at any time prior to the earliest of. (a) five days before sae of the Property pursuant to any power of mile contained in this Security Insttnmentt (b)tatesuch other period as Applicable Law might specify for the termination of Borrower's right to reins; or (c) entry of a judgment enforcing this Secwity Instrument. Those conditions arc that Borrower. (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or 0059811489-5647 ,mar.: =V(PA) Mom Pap Is .1 To 10/14/200 q54 an 3039 1/01 . 4 I By 1842PGO275 11-17-'09 14;02 FROM- T-787 P0020/0047 F-976 agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property iaspecti(m and valuation fees, and other fees incarrod for the purpose of protecting Lender's Interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may roeu mably regalre to assure that Lender's interest in the Property and rights under this Security Instrument, and. Borrower's obligation to pay the sums secured by this Security Instrument. shall contiual: unchanged, bender may require dust Borrower pay such reinstatement sums and expenses in one or more of the following fotrros, as selected by Center: (a) cash; (b) money order, (c) eertdfied check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency. instrumentality or entity; or (d) Electronic Punds Transfer. Upon reinstatement by Borrower, this Swurity Instrument and obligations socured hereby shall remain fully effectivie as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of accelaration under Section IS. 20. Sale of Note; Mange of Laon Serviceri Natka of GrIwanee. The Note or a partial interest in the: Note (together With this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a chage in the entity (known as the "I..oan Servicer' that collects Periodic Payments due uthder the ]Vote and this Security Iasttumrm t: and performs other mortgage loan servicing obligations under the Note, this Security Instrument, u d Applicable Law. There also might be one or more changes of the Loan Scrvioer unrelated so a We of the Note. If these is a change of the Loan Service r, Borrower will be given written notice of the change which will state the name and address, of the new Loan Servicer, the a4dass to which, payments abould be made and any other information RESPA requiremin connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing ablutions to Borrower will remain with the Loan Servicer or be u=WU rred to a successor Loan Scrvicer and are not assumed by the Note purchaser unless ottherwis provided by the Note purchaser. Neither Borrower nor Lender may commence, ,loin, or be joined to any judicial action (as either an individual litigant or rite member of a class) that arises from the other party's actions pursuant to this Security Imtmment or that alleges that the other party has breached any peovision of, or any duty owed by reason of, this Security Inittiament, until such Borrower or Lender ]has notified the other party (wide such notice given in corupliaxtce with the requirements of Section 15) of such alleged breach and afforded the ether party khereto a reasonable period after true giving of such notice to take corrective action. If Applicable Y.aw provides a time period which marhst elapse before Certain action can be taken, that time period wr-fI be deemed to be reasonable for proposes of this paragraph. The notice of acceleration and opportardtty to Dore gives to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section l$ shall be deemed to satisfy the notice and opportunity to talc; corrective action ptnv[slaas of this Section 2t). 21. Hmawdous Substances. As used in this Section 21: (a) "Hazardous Snbam=es" are those substances defated as t>yxic or hazardous substances, pollutants, or wastes by Environrtuahtai Law and the following substances; gasoline, kerosene, other flaamraGla or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" mum f0erai laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "6avironmetatal Ckamp" includes any response action. remedial action, or removal action, u defined In Raviroamental Law; and (d) an "Environmental Condition" means a condition that cau cause, contribute to, or otherwise trigger an Lnvironmental Cleanup. 0069811489 - 5697 mruw; t3IPAt (wool a.,. 13 of is 10/14/2003 Cam 3039 1/01 ' Cl/ t $K 1842PG0276 11-17-'09 14;02 FROM- T-787 P0021i0047 F-976 Borrower sball. rat cause or permit the presence, no. disposal, storage, or release of any Hazardous Substanct:s, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything aff a?the Property (a) that is in violation of any Environmental Law, (b) which creates an Hnvironmeatal n, or (c) whim, due to the presence, use, or release of a liazardons Stbtxancx, creates a condition that adversely affect t the value of the Property. The preceding hvo set>mncas shag not apply to the presenco, fuse, or storage on the Property of smell quantities of Hazardous Substaruxs that are generally racogniztd to be appropriate; to normal residential uses and to maintanaoce of the Property (ipclirding, but not liraitr!d to, harattlous sabstances is consumer products). Borrower shag promptly give Luxtdtr written notice of (a) a11y "adon, claim, demand„ lawsuit or otbar action by any governmental or regulatory agency or private party tuvoivhng the Property and any Hazardous Substance or Em*oamemal Lave of which Aorrowef has actaval knowledge, (b) any Environmental Condition, including but not limitad to, FF soling, leaking. discharge, release or threat of rutcase of any Hazardous Substance, and (o) any condition caused by the prtseme. ate or release of a Hazardous Substance which adversely affects the value of tkc Property. If Bosxower learns, or is notified by anyggsvarvmoerttAl. or regulatory authority, or any private party, that ay removal or other remadiution of any Hazardtms Substance affeedug the Property is necessary, Borrower shall promptly take all necessary remedial actions is accordgnca with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental C1emp NON-UNIFORM COVENANT-S. Borrower and lender further covenant and agree as follows-. 22. Acceleration; Remedies, Doder abolt give notice to Borrower pprritor to acceleration following Borrower's breach of any covenant or apiameal in this Security Instrument (but not prior to acceleration under Section 18 auks le Law provides otherwise). Leader strap notify Borrower of, among other thingst (a) they d (b) the action required to care the deftult; (c) when the default must be cured; and (d) that falimre to curs the default specifted may result in acceleration of the meow secured by this Security Instrument, foreclosure by udkial proceeding and sale of the Property, X.autfer shall further lafbrm Borrower of the right to reinstate after acceleration and the right to assert In the foreclosure proceeding the nort4W tense of a default or any other defense of sowa to acceleration paanydmforeclosure. If the default is so cured as wpeclllc4 Lender at its Wf witbuaalrarthmay er ddano d and may of rectoset isSesiof all own ty batruu cured b Judicial proceeding. Lender shall be entitled to collect all expenses incurred In. paraning the remelt provided in this Section 22, iuclu , but not Melted to, attemeys' foes and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sutras secured by this Security Instrument, this Security lastniment and the estate conveyed shall terminate avid become void. After such occurrence, Lender shall diw June and satisfy this Security Instrument. Borrower shall pay say recordation costs. Lender may charge Borrower a tee for rchodug this Security instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is petaduad under Applicable Law. 24. Wolvers. Borrower, to the aztlalpe fuel by Applicable Law, waives and releases any error or defects in proceedings to eaforu:e this 5ecuritylIasprnmont, and hereby waives the benefit of any present or future laws providing for stay of emwation, extensiou of date, exemption from attachment, levy and sale, and homestead ezet *on. 25. Reiustatemeft Period, Sormwer's time to reinstate provided in Section 19 shall extend to one hour ? to the commencement of bidding at a shariff s sale or other salsa pursuant to this Security 26. Pu rvitase Money Mortgage. If any of the debt secured by this Security Imtriameot is lent to Borrower to acquire title to the Property, this Security Instrmmwat shall be a purchase money mortgage. 27. Interest Rate After JudpneaL Borrower agrm that the interest rate payable after a judgment is emered on the Note or its an action of mortgaga foreclosure shall be the rate payable from time to time under the Note. 0059811489-5697 W"N: yam '_' efPA11owei P.9.14ot1e 10/14/2003?8.56;54 Form3039 1101 ' e .d0L J /Vil 10. BK 1842PGO277 11-17-'09 14;02 FROM- T-787 P0022/0047 F-976 BY SIGN MO BYLAW, Harrower accepts and agrees to the tm= and covenants coataimd in this Security Insttltmant and in any hider c=uted by Harrower and recorded with it. 'VFTmesses: - (Scat) -Borrower - (SMO Borrower - (Seal) -Borrower -(Sol) -Borrower (Soal) (Seal) BorroWtr -Borrower 0059821489-5697 (may-6(PA) tmmi PW.15of 19 10/14/2003 8:56:54 Form3439 1101 L} ROBERT C DRABENSTADT, Jr, -Borrower ?1? -- (Seat) SUSAN L DRABENSTADT -Borrower OK 1842PGO278 11-17-'09 14:03 FROM- T-787 P0023/0047 F-976 s Certificate of Residence I, t± " do hereby certify that the correct address is Witness my hand this )4 Day COMMONWEALTH OF PENNSYLVANIA On this h ! ` Day the undersigned officer, personally appeared day of I Monthffoar Agent of Mortgagee Coanty as: "6jA141L day of QC?66C 'qwa before frrns, an eer NZ..1014t--," I L.X44P"N,>W wT ' known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknoMedged that neisheAhey executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: SA AL 5EAL t)ANIEL 5 ZLOCVJE btC+larv "tC Cc E • 1 i1812MIwnn 4004 CPA fMV) Papa loot le 0059al 1489 - 6697 1011412003 8:56:54 AM BX i $42PG0279 11-17-'09 14;03 FFOM- OM34AVM t >at?tat 00001so$9 liar ?.'. OgabMwe"r, ft. mrroroea L. flydio@acadt \-?O 336 RMB= D3tM C9it IZA, W1 3,7038 CMNMUM O0t3Aty = shat erllae of sa=d mi,awt:s in gietdlaa s TOWUP P, talrobarlaud Oa4 rn VVIOWlnaaia, bo=Amd nd dmoaribad Ile fullowtit JIMM =0 at a polar as do wwthown aids of a im"ide rivet M"iriativa *MUD 2101111 at a point bstsaan Z=Wo at tbs Ol armar Md -INUM Of HOOK X4rtMfti ChMaot %1=0 1-bdm of 0A froa tOM4 8tis'eAaa natimat 20 dsgzMw $4 Mumtes 04 •aeradm W"t a 4utaaea o3,' 121.10 feat to a at=- pilot rhmmtam slaw ltifda MM or fa wrly ag dwAld 2, Alike with 91 da$MW 25 cilmaa 13,1 acoaatdc an" a diewinlts of 311.97 root, tbanco 41MV red.d 114do of Pulft wwth of 40gssam L2 ainme 1+1 socamb ammts a dimbancis O= 07.61 seat ter appotatt Cbafts Ruing Cbe now ROTC L It 'dafff"m Z2 Vd=tem 13 ma=w% sas¢ a 4imt»MO at 9X0.!2 Coat to a pout beiatp a air iamb oaks thawo along Imadis roll or 3amexty at i,aeggattd L: livlaW la a0l1s11 lei draswem Z4 adautae 31 go"O m VAC a bimtsams of 450,16 foot: ca a fraipt is for ati,ddle at the gfticle end 1111310" b on»i throw =Wth is dogreex ad miatttom root ¦ distame o! 2444 taEt to a is lira gift a to acwthoui louts at Cba saws= Drive right-of-wayl thence aloaq d4id AteN"Ids Drive bwVlitg a ra"%* Of 1, ti24.1M torst and a longth of 400.6e plat to mn igm Viu, thence a1mg oraid iwaaysids brim mme * CO degesaa, 3.7 ed=W m 03 aeCOMMo oat a dimtance O3,' 3+N . s3, tact to a gout ldoittg the plaoa at itROflovielri. Tai abows doom dpelm In in accot4aaas idrit rbm navvy Prepan d by 'Yuba K. 2130 , Ill, datod mapsrab+s 20, xmii, v Mch atarYw ram rsaotdod In the OOmborlimit OMM%y AMOOSdbf; Ct EMN& Otfieo am ftwoowr 30, 11144 With list "01" And itt Deed Hack +R*, VOlnM 23, Fags 773. P4*aoff T-737 P0024/0047 F-976 toe "n M after o"Ir 0e0ae1061 Sit 1842PG0260 11-17-'09 14:03 FROM- T-787 P0025/0047 F-976 ADJUSTABLE RATE RIDER (LIBOR Six-Monttl4ndex (As Published In the Wall Street Journal)- Rate Caps) THIS ADJUSTABLE RATE RIDER is made this 14th day of October, 2003 and is incorporated into and Shag be deemed to amend and Supplement the Mortgage, Deed of Trust or Security Deed (the "Seculty InstrumeWj of the same date given by-the undersigned (the "Borrower") to secure Borrower's Adjustable Rate Note (the "Note") to Ameriquest Mortgagpe Company (the "Lender") of the same date and covering the property desc nlW in the Sectm Instrument and located at: 138 SUNNYSIDE DR, CARLISLE, PA 47013 [Prop" Ad&essl THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addllian to the covenants and agreements made in the Security instrument, Bonower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest Cate of 7.300 "h. The Note provides for changes to the Interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Cates The interest rate I will pay may change on the first day of November, 2005 , and on that day every sixth month thereafter. Each date on which my interest rate could change is called a "Change pate:' (8) The Index h?averaQ with the ark o qqe per, my interest rate will be based on an Index. The "Index" is ffered rates for six-month U.S. dollar-denominated deposits In the London market ("LIBOR"), as published in the Wall Street Journal. The most recent index figure avallable as of the date 45 days before each Change Date Is called the "Current index." if the index Is no Igor available, the Note Holder will choose a new index which is based upon: comparable information. The Note Haider will give me notice of this choice. Loan Number. 0059811469 - 6697 lnhlals 010.1 JRWY M) Page 1 of 3 1411412843 8:55:54 AM 8K 1842PGO28 I 11-17-'09 14:03 FROM- T-787 P0026/0047 P-976 (C) Calculation of Changes will six perrceenntage Cii ts( 6.000 ,%) theo tohtee C?men InOe lculTate NotenHolde rwwll then broyund the result of this addition to the nearest one-elghth of one percentage point (0.125%). Subject to the limits stated in Seaton 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then detemrine the amount of the monthly payment that would be suf lent to repay the unpaid principal that I am expected to owe at the gran ga Date in foci on the maturity date at my new Interest rate In substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) UMNS on Interest Rate Changes The Interest rater I am required to pay at the first Change Date will not be greater than 4.500% or lose than 7.500%. Thereaiter, my interest rate will never be increased or decreased on any single Change Date by more than One( 1.000 %) from the rate of interest I have been paying for the preceding six months. My Interest rate will never be greater than 13.500)% or less than 7.500)%. (E) Effective Date of Changes My new Interest rate will become effective on each Change Data. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment charges again. (h) Notlca of Chan The Note Holder wig deliver or mail to me a notice of any changes In my _Interest rate and the amount of my monthly payment before the effective date of any change. The notice will Include information required by law to be given me arx! also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Section 18 of the Security instrument is amended to read as follows: Transfer of the Property or a Beneficial Interest In Borrower. As used In this Section 18, "Interest in the Properlymeans any leggy or beneficial interest In the Property, including, but not limited to, arose beneficial Interests transferred In a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. Loan Number. 0069811489 - 5897 1nj1j19e?W--% e16-2 0tw 1101) Paea 2 of 3 101141M03 8:56:54 AM BK 1842PGO282 11-17-'09 14.03 FROM- T-787 P0027,r0047 F-976 If all or any part of the Property or any Interest In the Property is salt! or trancfWTed (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written ponsent, Lender may require immediate payment In full of all sums secured by this Sawrfty instrument. However, this option shah not be exercised by Lender if such exercise is prohibited by federal law, tender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender fi*"nadon required by Lender to evaluate the intended transferee as If a new loan were being mate to the transferee; and (b) Larder reasonably determines that Lender's security will not be impaired by the loam assumption and that the risk of a breach of any covenant or: ,egreemOht In. this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's oonsent to the ban assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made In the Note and in this Security Instrument. Borrower will corftue to be obligated under the Note and this Security instrument unless Lender releases Borrower in.writing. #f Lender exercises the option to require Immediate payment in fuq, Lender shall give Borrower notice of accelt atran. The notice shall provide a period of not less than 30 days from the date the notice Is given in accordance with Section 15 within which Borrower must pay all sums secured b this Security Instrument. If Borrower falls to pay these sums prior to the expiration of this period, Lender may Invoke any remedies permkted by this Security Instrument without further notice or demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. ?? / ?a?c • ?.,r" Z- {Seal}?tlr?? (Seal) Borrower ROBERT DRAB TADT, Jr. /Borrower e"N RA8 NS T (Sep) (Se4 Corti L „fie re"o Borrower r "Merjand CoUMY FA Loan Number: 0069811089- 5697 6104 (Riau WI) Pogo 3 of 3 10/14/2003 8:88:54 AM Sit1.S42pGO283 0 OTARY 20ul 3 CEC 1 0 11 : 4 S $4a.oo Pra ATrV e?. $6 Sao ?'*ag3o SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson RLED-i Mr r,,E Sheriff ;,??- c ter. E -• ? :T,? R 0- F ?A?ntp qt ?:;umbcf??h0 Jody S Smith Chief Deputy Ji $:32 Richard W Stewart Solicitor OFF EV CUNT: ?r-iJiv1Y Pa4NSYLVANA Deutsch Bank National Trust Company Case Number vs. Robert C. Drabenstadt (et al.) 2009-8529 SHERIFF'S RETURN OF SERVICE 04/21/2010 10:05 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on 4/1/10 at 2203 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 Robert C. and Susan L. Drabenstadt, located at, 136 Sunnyside Drive, Carlisle, Cumberland County, Pennsylvania according to law. 04/21/2010 10:05 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on 4/21/10 at 2203 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Robert C. Drabenstadt, by making known unto, Robert C. Drabenstadt, personally, at, 136 Sunnyside Drive, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 04/21/2010 10:05 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on 4/21/10 at 2203 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Susan L. Drabenstadt, by making known unto, Robert C. Drabenstadt, Spouse, at, 136 Sunnyside Drive, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 06/01/2010 Property sale postponed to 8/4/2010. 08/02/2010 Property sale postponed to 10/6/2010. 09/10/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Terrance McCabe on 9/10/10 SHERIFF COST: $1,185.82 September 14, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF Avlw d?a7G 1c) CcunfgSuite Sf-enff, Teieosoft. ln,, _ McCABI, WEISBERG AND CONWAY, P.C. BY: TERRENCE.1. MCCABE, ESQUIRE - 11) # 16496 MARC: S. WI, ISBERG, ESQUIRE - 11) # 17616 EDWARD 1). CONWAY, ESQUIRE - ID # 34687 MARGARET CAIRO, ESQUIRE - 11) # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Deutsche Bank National Trust Company, as Trustee 1'0r, Ameriduest iNM01'tgagc SCCUr 6S Inc., Quest. Trust 2004-X2 Asset Backed Certifiates, Series 2004-X2, under the Pooling and Servicing Agreement dared .tune I, 2004 Plaintiff Attorneys for Plaintiff CUMBERLAND COUNTY COU1:`l 01 C:O `f v10N I'll- -;AS NO: 2009-08529 V. Robert C. Drabenstadt, Jr. and Susan L. Drabenstadt Defendants AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth as of the date (lie Praecipe fbr the Writ of l xeCltion Was filed the following information concerning the real property located at: 136 Sunnyside Drive, Carlisle, Pennsylvania 17013, a copy of the description of said property being attached hereto and marked Exhibit "A." I. Name and address of Owners or Reputed Owners Name Robert C. Drabenstadt, Jr Address ) 36 Sunnyside Drive Carlisle, PA 17013 Susan L. Drabenstadt 136 Sunnyside Drive Carlisle, PA 17013 2. Name and address of Defendants in the judgment: Name Robert C. Drabenstadt, Jr Address 136 Sunnyside Drive Carlisle, Pennsylvania 17013 3 4 Susan L. Drabenstadt 136 Sunnyside Drive Carlisle, Pennsylvania 17013 Name and last known address of every judgment creditor whose judgment its it record lien on the real properly to be sold: Name Address Plaintiff herein. Brenner Cadillac Oldsmobile 222 Paxton Street Harrisburg, Pennsylvania 171 11 Calvary Portfolio Services 1.,L.C 4050 Cotton Conter Boulevard Phoenix, Arizona 85040 James C. Costopoulos 10 Courthouse Avenue, Ste. 103 Carlisle, Pennsylvania 17013 Name and address of the last recorded ho lder of. every mortgage of record: Name Address Plaintiff herein. Pennsylvania Housing Finance 211 North Front Street Agency PO Box 15530 Household Really Corporation Household Realty Corporation Household Realty Corporation Harrisburg, Pennsylvania 17105 25 Gateway Drive Gateway Square, Ste. 107 Mechanicsburg, Pennsylvania 17055 5701 Last Hillsborough Avenue "Pampa, Florida 33610 961 Weigel Drive PO Box 8604 Elmhurst, Illinois 60126 5. Name and address of every other person who has any record lien on the property: Name Address NONE 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address N ON I: 7. Name and address of every other person of whom the plaintiff has knolvledge who has any interest in the property which may be affected by the sale: Name Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual 'l'ax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit. Estate Recovery Program PA Department of Revenue Commo»w'ealth of Pennsylvania Department of Revenue Bureau of Compliance Address 136 Sunnyside. Drive Carlisle, Pennsylvania 17013 Department of Public Welfare P.O. Box 2675 1larrisburg, PA 17105 110 North 8"' Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department 9280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 I°larrisburg, PA 17105-8486 Bureau of Compliance 11.0. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sherift's sales United States of'America Domestic Relations Cumberland County United States of America 8. Name and address of Attorney of* record: Name NONE Imernal Revenue Service Technical Support Group William Green Federal Building Boom 3259 600 Arch Sweet Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c-o United States Attorney for the Middle District of'PA 235 North Washington Street Scranton, PA 18503 and Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg., PA 17108 Address 3 verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating; to unsworn falsification to authorities. February 28, 2010 TERRENCE J. McCABE, ESQUIRE DATE? MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAV, ESQUIRE MARGARET CAIRO, ESQUIRE Attorneys for Plaintiff LEGAL DESCRIPTION ALI- THAT CERTAIN lot, parcel or tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: 131:,'GiNNiNG at a point on the northern side of Sunnyside Drive (Legislative Route 21012) at a point betuwcen lands of a prior Grantor and lands now or formerly of Edward Hartman; thence along lands now or formerly of I-Iallinan North "Twenty (20) degrees f=ifty-Light (58) minutes Pour (4) seconds West a distance of One Hundred Twenly-Seven and Sixty I Iundredths (127,60) feet to a stone pile; thence along lands now or fonnerly of Donald E-'. Slike South Eighty-One (8)) degrees Twenty-Five (25) minutes Fifty-One (51) seconds East a distance of Thrce Hundred Eleven and Ninely-Seven hundredths (31 1.97) feet; thence along lands now or formerly of Slike North Eighty-Six (86) degrees Twelve (12) minutes Thirteen (13) seconds East a distance of h;ighty-Seven and Sixty-One Hundredths (87.61) feet to a point; thence along the saute North Mighty-Six (86) degrees Twelve (12) minutes 'I'll ir(CC 11 (1-)) seconds last a distance of Five Hundred Ten and "twelve Hundredths (510.12) feet to a point being a I Nventy-Four inch (24") oak; thence along lands now or formerly of Leonard L. McLaughlin South Thirty-Six (36) degrees Tewnty- Four (24) minutes Twelve (12) seconds West a distance of Four Hundred Fifty-Nine and Seventy-Six Hundredths (459.76) feet to a point in the middle of the mentioned Sunnyside Drive; thence North Twerity-'T'hree (23) degrees Thirty (30) minutes West a distance o1"I'vventy-Four and Ninety-Four Hundredths (24.94) feet to an iron pin on the northern side of the Sunnyside Drive right-of-way; thence along said Sunnyside Drive having a radius of One Thousand Five Flundred Tewnty-Tight and Ninety-Two I lundredths (1,528.92) feet and a length of Four Hundred and Filly-Nine Hundredths (400.59) feet to an iron pin; thence along; said Sunnyside Drive North Sixty-Nine (69) degrees Seventeen (17) minutes Three (3) seconds West a distance of One Hundred Forty-Six and Fifty-Five Hundredths (146.55) feet to a point, the place of BEGINNING{. BEING described in accordance with the survey prepared by John K. Bixler, III, dated September 30. 1998, which survey was recorded in to Cumberland County Recorder of Deeds Office on November 30, 1988 with the Deed recorded in Decd Book R, Volume 33, Page 773. Being Known As: 136 Sunnyside Drive, Carlisle, Pennsylvania 17011 BEING the same premises which ROBERT C. DRABENS'TADT, JR, by deed dated June 8, 1990 and recorded Junc 12, 1990 in the office of the Recorder in and for Cumberland County in Deed Book P-34, Page 674, granted and conveyed to Robert C. Drabenstadt, Jr. and Susan L. Drabenstadi, husband and wife. TAX MAP PARCEL. NUMBF R? 1-04-071-027 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE.1. MCCABE, ESQUIRE - 11) 4 16496 MARC S. WEISBERG, ESQUIRE - 11) # 17616 EDWARD D. CONWAY, ESQUIRE - 11) 0 34687 MARGARET CAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attoroo's For Plaintiff CIVIL ACTION LAW Deutsche Bank National 'f"rust Company, as 'Trustee for, Ameriquest Mortgage Securities Inc., Quest "Crust 2004-X2 Asset Backed Certifiates, Series 2004-X2, under the Pooling rind Servicing Agreement dated June 1, 2004 COURT OF C'0MM()N PL:1. AS CUMBElU,AND COUN'T'Y V. Robert C. Drabenstadt, Jr. and Susan L. Drabenstadt Number 2009-08529 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY "To: Robert C. Drabenstadt, Jr. 136 Sunnyside Drive Carlisle, Pennsylvania 17013 Susan L. Drabenstadt 136 Sunnyside Drive Carlisle, Pennsylvania 17013 Your house (real estate) at 136 Sunnyside Drive, Carlisle, Pennsyhvania 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 $121,647,93 obtained by Deutsche Bank National Trust Company, as Trustee for, Ameriquest Mortgage Securities Inc., Quest TFUSI 2004-X2 Asset Backed Certifiates, Series 2004-X2, raider the Pooling and Servicing; Agreement dated June 1, 2004 against you. NOTICE OF OWNER'S RIGHTS YOU MAY 13E ABLE TO PREVENT THIS SHERIFFS SALE To prevent this Sheriff's Sale you must take immediate action: The sale will be canceled if you pay to Deutsche Bank National Trust Company, as Trustee for, Ameriquest Mortgage Securities 1rtc., Quest Trust 2004-X2 Asset Backed Certitiates, Series 2004-X2, under [he Pooling and Servicing Agreement dated Juste 1, 2004 the back payments, late charges, costs, and reasonable attorney's fees due. To find out bore Hutch you must pay, you may call McCabe, Weisberg and Conway, P.C., I-squire at (215) 790-1010. You may be able to stop the sale by tiling 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. C 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 1b11mving notice on how to obtain an attorney.) YOU MAY STILL BE A13LE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1, If the Sheriff's 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, )'.C., Esquire at (215) 790-1010. 2, You may be able to petition the Court to sel aside the sale if the bid price was grossly inadeyuale coripared to the value ofyour 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, I'.C, at (215) 790-1010. 4. If the amount clue fi-017) 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 clue is paid to tale Sheriff and the Sheriff fives 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. ']'his 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 tiled with the Sheriff' within ten (10) days alier the posting of the schedule of distribution, 7. You may also have other ris?hts and defenses, or Ways of getting your real estate back, ifyou act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO Olt 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 THA f CERTAIN lot, parcel or tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern side of Sunnyside Drive (Legislative Route 21012) at a point between lands of a prior Grantor and lands now or formerly of Edward Hartman; thence along lands now or formerly of Hartman North 'T'wenty (20) degrees Filly-Light (58) minutes Four (4) seconds West it distance of One Hundred Twenty-Seven and Sixty Hundredths (127.60) feet to a stone pile; thence along lands now or formerly of Donald E. Slike South Eighty-One (81) degrees Twenty-five (25) minutes Fifty-One (51) seconds East it distance ofThree Hundred Eleven and Ninety-Seven i lundredths (31 1.97) feet; thence along; lands now or formerly of Slike North Eighty-Six (86) degrees Twelve (12) minutes 't'hirteen () 3) seconds East a distance of Eighty-Seven and Sixty-Une Hundredths (57.61) feet to a point; thence along the same North Eighty-Six (86) degrees Twelve (12) minutes Thirteen (13) seconds East a distance of Five Htmdred 'fen and Twelve Hundredths (510.12) feet to it point being a 'I wenty-Dour Inch (24") oak; thence along lands now or formerly of Leonard L. McLaughlin South Thirty-Six (36) degrees Tewnty- Four (24) minutes Twelve (12) seconds West it distance of lour Hundred ]'iffy-Nine and Seventy-Six Hundredths (459.76) feel to a point in the middle of the mentioned 5tlimyside Drive; thence North Twenty 'Three (23) degrees Thirty (30) minutes West a distance of Twenty-Four and Ninety-Four Hundredths (24,94) feet to an iron pin on the northern side of the Sunnyside Drive right-of=way; thence along said Sunnyside Drive having a radius of One Thousand Five Hundred Tewnty-Eight and Ninety-Two Hundredths (1,528.92) feet and a length of Pour Hundred and Fifty-Nine Hundredths (400.59) feet to an iron pin; thence along said Sunnyside Drive North Sixty-Nine (69) degrees Seventeen (17) minutes Three (3) seconds West a distance of One Hundred Forty-Six and Fifly-live Hundredths (146,55) feet to a point, the place of BEGINNING. BEING described in accordance with the survey prepared by John K. Bixler, III, dated September 30, 1998, which survey was recorded in to Cumberland County Recorder of'Deeds Office on November 30, 1988 with the Deed recorded in Decd Book K, Volume 33, Page 773. Being Known As: 136 Sunnyside Drive, Carlisle, Pemtsylvania 17013. BEING the same premises which ROBERT C. DRAB NSTADT, JR. by deed dated June 8, 1990 and recorded June 12, 1990 in the office of the Recorder in and for Cumberland County in Deed Book P-34, Page 674, granted and conveyed to Robert C. Drabenstadt, Jr. and Susan L. Drabenstadt, husband and wife, TAX MAP PARCEL NUMB R:21-04-071-027 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 Attorneys for Plaintiff CIVIL ACTION LAW Deutsche Bank National Trust Company, as Trustee for, Ameriquest Mortgage Securities Inc., Quest Trust 2004-X2 Asset Backed Certifiates, Series 2004-X2, under the Pooling and Servicing Agreement dated June 1, 2004 COURT OF COMMON PLEAS CUMBERLAND COUNTY V. Robert C. Drabenstadt, Jr. and Susan L. Drabenstadt Number 2009-08529 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Robert C. Drabenstadt, Jr. 136 Sunnyside Drive Carlisle, Pennsylvania 17013 Susan L. Drabenstadt 136 Sunnyside Drive Carlisle, Pennsylvania 17013 Your house (real estate) at 136 Sunnyside 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 $121,647.93 obtained by Deutsche Bank National Trust Company, as Trustee for, Ameriquest Mortgage Securities Inc., Quest Trust 2004-X2 Asset Backed Certifiates, Series 2004-X2, under the Pooling and Servicing Agreement dated June 1, 2004 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: The sale will be canceled if you pay to Deutsche Bank National Trust Company, as Trustee for, Ameriquest Mortgage Securities Inc., Quest Trust 2004-X2 Asset Backed Certifiates, Series 2004-X2, under the Pooling and Servicing Agreement dated June 1, 2004 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. 14 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 M ? LEGAL DESCRIPTION ALL THAT CERTAIN lot, parcel or tract ol'land situate in Middlesex `township, Cumberland County, Pennsylvania, bounded and described as follows: BE.'GINNING at a point on the northern side of Sunnysidc Drive (Legislative Route 21012) at a point between lands of a prior Grantor and lands now or formerly of Edward Hartman; thence along Lands now or formerly of Hartman North "Twenty (20) degrees Filly-Eight (58) minutes Four (4) seconds West a distance of One Hundred 'rwenty-Seven and Sixty Hundredths (127.60) feet to a stone pile; thence along lands now or formerly of Donald E. Slike South Mighty-One (81) degrees Twenty-five (25) minutes Fifty-One (51) seconds East a distance of"l-hree Hundred Eleven and Ninety-Seven Hundredths (31 1.97) feet; thence along lands now or formerly of Slike North Eighty-Six (86) degrees Twelve (12) minutes Thirteen () 3) seconds 1_ast a distance of Eighty-Seven and Sixty-One hundredths (87.61) feet to a point; thence along the same North Eighty-Six (86) degrees Twelve (12) Minutes Thirteen (13) seconds Bast a distance of Five Hundred Ten and T%velve Hundredths (510,12) feet to a point being a I wenty-lour Inch (24") oak; thence along lands now or formerly of Leonard L. McLaughlin South Thirty-Six (36) degrees TeNvnty- Four (24) minutes Twelve (12) seconds West a distance of lour Hundred fifty-Nine and Seventy-Six Hundredths (459.76) feet to a point in the middle of the mentioned Sunnyside Drive; thence North 'rwent),4hree (23) degrees 'T'hirty (30) minutes West a distance of Twenty-Four and Ninety-Four Hundredths (21,94) feet to an iron pin on the northern side of the Sunnyside Drive right-ofway; thence along said Sunnyside Drive having a radius of One "thousand Five Hundred 'tc wnty-Eight and Ninety-Two Hundredths (1,528.92) feet and a length of Tour Hundred and Fifty-Nine Hundredths (400.59) feet to an iron pin; thence along said Sunnyside Drive North Sixty-Nine (69) degrees Seventeen (17) minutes Three (3) seconds West a distance of'One Hundred forty-Six and fifty-Five Hundredths (146.55) feet to a point, the place of B GINNING. BEING described in accordance with the survey prepared by John K. Bixier, 111, dated September 30. 1998, which survey was recorded in to Cumberland County Recorder of Deeds Office on November 30, 1988 with the Deed recorded in Deed Book R, Volume 33, Page 773. Being Known As: 136 Sunnyside Drive, Carlisle, Pennsylvania 17013. BEING the same premises which ROBERT C. DRABENSTADT, JR. by deed dated.lunc 8. 1990 and recorded June 12, 1990 in the office of the Recorder in and for Cumberland County in Deed Book P-34, Page 674, granted and conveyed to Robert C. Drabenstadt, Jr, and Susan L. Drabenstadt, husband and wife. 'LAX MAP PARCIEL NUMB R:21-04-071-027 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-8529 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for AMERIQUEST MORTGAGE SECURITIES INC., QUEST TRUST 2004-X2 ASSET BACKED CERTIFICATES, SERIES 2004-X2, under the Pooling and Servicing Agreement dated June 1, 2004, Plaintiff (s) From ROBERT C. DRABENSTADT, JR. and SUSAN L. DRABENSTADT (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 $121,647.93 L.L. $.50 Interest from 1/22/10 to 6/2/10 at $20.00 -- $2,620.00 Atty's Comm % Due Prothy $2.00 Atty Paid $181.90 Other Costs Plaintiff Paid Date: 3/5/10 t David D. Buell, P othonotary (Seal) By. Deputy REQUESTING PARTY: Name: TERRENCE J. MCCABE, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 16496 On March 22, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in Viddlesex Township, Cumberland County, PA, -Known and numbered, 136 Sunnyside Drive, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 B: a14'a 'P? te CoordinatcSr?L? Real Esta PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 16, April 23, and April 30, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. sa Marie Coyne, E `tor SWORN TO AND SUBSCRIBED before me this 30 da of A ril 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS No" Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commissloa Expires Apt 28, 2014 ovo Z"Od.tree cJ? 9°e D 4?? r? aotti? 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SNti?t?eeti ok wee 'le fily°twt? \ec? e? 9'°?'' aas'?fi \°& e c ?egg o? art'°+??ae? o ? ?o ?roye loot 4? tae Spy {eai+aewti° ass 5° rho °r? ?4'ry?it'ao Jra ?` a 0 ?\ 3\ e ?ea' ea at''?o Gt??rotti ??.t e.?, ?t 3 o? `dot'`?JS'a?,epcgJ?tatieoSo.?.a ?4tia c e 1 o 4eC?oefi1?y v1 0 cco' '.3• .tt ty ce ?? a? a4 ? b? et ,? {? 9 a b a ? y .?1 sr ti a ? o a e &1 0 0ofias?S See °cfi`p4te49 4to '0t %C) e ?o, ?o F° ?b?a 511 ae e9 tiea 4,-$ bp- 6 -4 eea 5 y?' ti et+ cr a 1y0 .73'r,.y3?? of c0ta'1`?? ` G J 0t?c?eate4,e es 4et` 9yzr? o e, et, C•? 'q y9S 'COON 0 et?? a , 4L' 4??9fiy tire 4S'?e G 4,ee ` to ti 4 ?L? 9 ?p??l?R e? J1t? "f 010 -e F UD , :i : a r ka I t, aco e4 ,p ac St e?'a M 4 '•) 011wA-38 u- rf7t( iii + Tt: ,1 G°?ay.?pe ,rJ 4 'tt.S .8 ;?,.• z eft}t nu?w t±flnt " i#+ ....?.,..«. ?. .m b ?v Off` O The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFF=ICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 cue Patr1*otwXews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/16/10 04/23/10 ? T 04/30/10 C x... , ? °f ?7 v^` . . . Sworn to and subscribed before me this 18 day of May, 2010 A- D. L , Notary Public COMMONWEALTH OF PENNSYLVANIA Nodal Seal Sherrie L_ Kisser, Notary Public Lower Paxton TWp., DauptNn county My Commission Expires Nov. 26, 2011 Member, Pennsylvania Association of Notaries Writ No. 2009-8529 Civil Term Deutsch Bank National Trust company as Trustee W Amet iquest Mortgage Securities Inc, Quest Trust 2004- X2, Asset Backed Certificates, Series 2004-X2, Under Pooling and Servicing Agreement Dated June 1,2004 Vs. Robert C. Drabenstadt Susan L Drabenstadt Atty: Terrence McCabe ALL THAT CERTAIN lot, parcel or tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern side of Sunnyside Drive (Legislative Route 21012) at a point between lands of a prior Grantor and lands now or formerly of Edward Hartman; thence along lands now or formerly of Hartman North Twenty (20) degrees Fifty-Eight (58) minutes Four (4) seconds West a distance of One Hundred Twenty-Seven and Sixty Hundredths (12260) feet to a stone pile; thence along 14nds now or formerly of Donald E. Shke South Eighty-One (81) degrees 'Twenty-Five (25) minutes Fifty-Qne (51) seconds East a distance of Three Hundred Eleven and Ninety-Seven Hundredths (311.97) feet; thence along lands now or formerly of Slike North Eighty-Six (86) degrees Twelve (12)' minutes Thirteen (13) seconds East a distance of Eighty- Seven and Sixty-One Hundredths (87.61) feet to a point; thence along the same North Eighty-Six (86) degrees Twelve (12) minutes Thirteen (13) seconds East a distance of Five Hundred Ten and Twelve Hundredths (510.12) feet to a point being a Twenty-Four Inch (24") oak; thence along lands now or formerly'of Leonard L. McLaughlin South Thirty-Six (36) degrees Tewnty-Four (24) minutes Twelve (12) seconds West a distance of Four Hundred Fifty-Nine and Seventy-Six Hundredths (459.76) feet to a point in the middle of the mentioned Sunnyside Drive; thence North Twer ;y-Three (23) degrees Thirty (30) minutes West a distance of Twenty-Four and Ninety-Four Hundredths (24.94) feet to an iron pin on the northern side of the Sunnyside Drive right-of- way; thence along said Sunnyside Drive having a radius of One Thousand Five Hundred Tewnty- Eight_and Ninety-Two Hundredths (1,528.92) feet and a length of Four Hundred and Fifty-Nine Hundredths (400.59) feet to an iron pin; thence alone said Sunnyside Drive North Sixty-Nine (69) degrees Seventeen (17) minutes Three (3) seconds West a distance of One Hundred Forty-Six and Fifty-Five Hundredths (146.55) feet to a point, the place of BEGINNING. BEING described in accordance with the survey prepared by John K. Bixler, III, dated September 30. 1998, which survey was recorded in to Cumberland County Recorder of Deeds Office on November 30, 1988 with the Deed recorded in Deed Book R, Volume 33, Page 773, Being Known As: 136 Sunnyside Drive, Carlisle, Pennsylvania 17013. BEING the same premises which ROBERT C. DRABENSTADT, JR. by deed dated June 8, 1990 and recorded June 12, 1990 in the office A the RM4)rder in and for Cumberland County m Deed Book P-34, Page 674, granted and 11)weyedm Rob'A C. Drabenstadt, Jr. and Susan L. Frabenstadt, husband and wife. Ta.?VvtAP PARCEL Nt1MBER:21-04-071-027