Loading...
HomeMy WebLinkAbout09-8614. h SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 ??LLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 LESLIE RASE, ESQ., ATTORNEY I.D. NO. 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036777 Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006-NC4 Asset-Backed Pass-Through Certificates PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 0q - 81014 4..lvtl rr? VS Sally Villarreal 3680 James W. Smith Loop Tracy, CA 95377 Idelfonso Villareal 3680 James W. Smith Loop Tracy, CA 95377 DEFENDANTS COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 LESLIE RASE, ESQ., ATTORNEY I.D. NO. 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036777 Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006-NC4 Asset-Backed Pass-Through Certificates PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: U a- S b I v C,G? 7-.l,? VS. Sally Villarreal 3680 James W. Smith Loop Tracy, CA 95377 Idelfonso Villareal 3680 James W. Smith Loop Tracy, CA 95377 DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006-NC4 Asset-Backed Pass-Through Certificates, the address of which is, 1610 E. St. Andrews Pl, #B150, Santa Ana, California 92705, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: New Century Mortgage Corp. Mortgagor(s): Sally Villarreal and Idelfonso Villareal (b) Date of Mortgage: July 26, 2006 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Mortgage Book 1961, Page 4229 Date: August 10, 2006 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assi ents: Assignor: New Century Mortgage Corporation Assignee: Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006-NC4 Asset-Backed Pass-Through Certificates 2. Plaintiff is, therefore, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by virtue of the above-described Assignment(s). 3. The real property which is subject to the Mortgage is generally known as 551 Lowther Street, Lemoyne, Pa 1.7043 and is more specifically described as attached as part of Exhibit "A": 4. The names and mailing addresses of the Defendants are: Sally Villarreal, 3680 James W. Smith Loop, Tracy, CA 95377 Idelfonso Villareal, 3680 James W. Smith Loop, Tracy, CA 95377 5. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 6. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of April 1, 2008 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 7. The following amounts are due as of November 30, 2009: Principal Balance Due $79,047.68 Interest Currently Due and Owing at 9.2% From March 1, 2008 to November 30 2009 $12,748.80 Late Charges $655.20 Escrow Advances $1,297.00 Title Report Fee $250.00 Attorney Fees & Costs of Foreclosure $3,952.38 TQT? $97,951.06 8. Interest accrues at a per diem rate of $19.92 each day after November 30, 2009, that the debt remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other expenses, costs and charges collectible under the Note and Mortgage. 9. The attorneys' fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriff s sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. 10. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P. S. § 1680.402c, et sM., was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Pursuant to the act of December 21, 1998 (P.L. 1248, No. 160) (Act 160), this Notice contains the information required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P. S. Section 403 et seq., and separate Notice of Intention to Foreclose is not required. Copies of the Notice are attached hereto as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendants, jointly and severally, in the amount set forth in paragraphs 7 and 8, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. ?y SHAPIRO & DeNARDO, LLC Date: BY: Attorneys for Plaintiff S & D File No. 09-036777 ,??1a plc Prepared By. New Century Mortgtgo Corporation 19400 Von Karma, Ste 1000 Irvine, CK 92612 900-967-7623 Return To: New century Mortgage Corporation 10400 Von Harman, Ste 1000 Irvine, CA 92612 800-967-7623 Prcmism: 551 Lowther Street Parcel Nurrmbcr: Lemoyne 12-22-0822-169 -- 1Space Above Th6 Lim For Remnliug Dottl - MORTGAGE DEFINITIONS Wards used in multiple sections of this document are defined below and other words are defined In Sections 3. 11, 13, 18, 20 and 21. Ccrtaia roles regarding the usage of words used in this document are also provided in Section 16, (A) "Security Instrument" means this document, which is dated July 26, 2006 tosetht r with all Riders to this dmmcnt, (8)-uul?orrpvrer-' is-Sally Villarreal-amd_Id,alEonao Villarreal ,_tlUSband_ and Elite Borrower Its the mortgagor under this Security Instrument- (C)"Lender"is now Century mortgage Corporation Lender is a Corporation 1009112346 PENNSYLVANIA • Single Family - Fannie Nl 11wW10 MNC UNIF0101 INSTRUMENT Form 3039 1101 41%.8(PA) toeo2) Ptgs 1 a 18 Inhbt.; VMP M-Vt gobdutbnti Ina (800)527.7281 O K I 961 PG4229 ,*h)'+ 00.19 11% +?: organized and existing under tht; laws of california Lender's address is 10400 van Narman, Suits 1000, Irvine, CA 92612 Lender is the mortgagee under this Security Instrument. (D) "]Mete" means the promissory note signed by Borrowor and dated duly 26, 2006 The Note states that 9orrower owes Lender EIGHTY THOUSAND Alm 001100 Dollars (U.S. s so, 000.00 ) plus interest. Borrower has promise] to pay this debt in regular Periodic Payments and to pay the debt in full not later than 06/01/2036 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (l) "Loon" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and al( sums due under this Security Instrument, plus interest. (G) "RHers" means all Riders to this Security Instrument that arc cxceuted by Borrower. The following Riders are to be executed by Borrower (ebeck box as applicable): ® Adjustable Rate Bider El Condominium Rider 0 Second Hartle Rider ? Balloon Rider Q Planned Unit Development Rider 0 1-4 ran-dly Rider El VA Rider Biweekly Payment Rider ® Other(s) [specify] Prepayment Ricer ARM Rider Addendum (I) "Applicable Law" means all controlling applicable federal, awe, and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (1) "Community Association Dues, Fees, and Assessments" means all dues, fees, asscssmrnts and othiz charges that are imposed on Borrower or the Property by a condominium association, homeowners -- - association or svnilw organization. -- (J) " llectranic Funds Tranafer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper Instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transf4s, automated teller machine transactions, transfers initiated by tclephane, wire transfers, and automated clearinghouse transfers. pq "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for. (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the property; (iii) conveyance in lit i of oondemrtation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) " &rlodie Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ti) any amounts under Section 3 of this Security Instrument. ZV 1009L12346 4ft-8(PA) )0502) p.Ve1 d la NTm 3079 1101 6K 196 1 PG4230 (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S,C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C,F,R. Part 3500), as they might be emended from time to time, or any additional or succesaar legislation or regulation that governs the same subject matter, As used in this Security lustrumen4 "RESPA" refers to all requirements and rostrietions that arc imposed in regard to a "federally related mortgage loan" oven if the Loan does not qualify m a "federally related mortgage loan" under RESPA. (P) "Successor In Inftmt of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (11) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convoy to Lender the following described property located in the County ('ty+pa or Rwarding TurisMationl of Cumberland (Nauu of Pmurdiag luriukricu): gibe Legal Description Attached Hereto and Made a Part Hereof which currently has the address of 551 Lowther Street (steer) Lemoyne (Caryl, Pennsylvania 17043 (zip Coda] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all Casements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to In this Security Instruuent as the "Property." TV 1009112316 .e-11 1 1" Wi K t0(PA) (aw2i PWO3 a to Form 3,039 1101 Im 196 1 PG 4 2 3 i'. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of rccord. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record- THIS SECURITY INSTRUMENT 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 Principal, Interest, )Escrow Items, prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt wAde aced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Sectaity Instrument shall be trade in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may rcquirc that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified cheek, bank check, treasurer's cheek 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 Transfur. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Leader in accordance with the notice provisions in Section 15. Leader may rattan any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds, Lender may hold such unapplied funds until Borrower makes payment to bring the -L-oart-eument.If-Borrower-does-not-do-so-within-a-reasonable-period-of-tirne,-Lender-shall-either- apply---- such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Ihstrument or perfo ruing the covenants and agreements secured by this Security Instrument. 2. 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 shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall 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 Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late obarge due, the payment may be applied to the delinquent payment and the late charge, if more than one Periodic Payment Is outstanding, Lender may apply any payment received from Bwowef to the repayment of the Periodic Payments if, surd to the extent; that, each payment can be _V 1009112346 ew?w -e(PA)toso2e P"4dlit Ran 3039 V01 BIB 196 1 PG423Z paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payutents, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as dcscribcd in the Note, Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for; (a) taxes and assessments and other items which. can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any, (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums In accordance with the provisions of Section 10_ These items are coiled "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item, Borrower shall promptly famish to Lender all notices of amounts to be paid under this Section. Borrower shalt pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Leader may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due ror any Escrow Items For which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Louder tray require. Borrower's obligation to make such payments and to provide receipts &hall for all purpows be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" IS used In Section 9. If Borrower is obligated to pay Escrow Items direotly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may cKercise its rights under Section 9 and pay such amount and'Borrowiex shall then be obligated under Section 9 to repay to Lender any such ---- -amount.-Lender-tray-revoke-ibe-waiver-as-to-any-or-all-Escrow-Itema-at-any-time-by-a-notice-given-in- accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, 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 the Funds at the Uwe specified under RESPA, and (b) not to exceed the maximum amount a lender can require under kESpA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so Insured) orn any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the lime specified under RESPA. Leudm shall not charge Borrower for bolding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow ltetns, unless Leader pays Borrower interest on the Funds and Applicable Law permits Lender to make 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 earnings on the Funds. Borrower and Lender can agree in writing, however, that interest a- v 1004112346 Inhlsts e?.8(v4) tos422 P?.6 errs Form 3439 !NN BK 1961 PG4233 shall be paid on the Funds, Lender shell give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for tho excess funds In accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and botrower shall pay to Lender the amount necessary to make up the shortage In accordance with RESPA, but In no more than 12 monthly payments. If there is a deficiency of Funds bold in escrow, as defined under MPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency In accordance with RESPA, but In no more than IZ monthly payments. Upon payment in full of all sums scoured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, 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 Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which bps priority over this Security hutrument unless Borrower: (a) agrees in writing 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 defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforoement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument, If Lander determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or __ ____r_cpordng service used by Lender in connection with this Loan 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against toss by fire, hazards included within the terra "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. 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, tender may require borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and traddrig services; or (b) a onetime 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 responsible for the payment of any fors imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. -1 v lakufc 1009112346 ?. Ct-4(PA) (or,nz) peo"a r to Form 3059 VOI OK1961PG4234 If Borrower fails to maintain any of the coverages described above, Lender may obtain Insurance coverage, at Lender's option and Borrower's expense. Lender Is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Leader, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Harrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All Insurance polioics required by Lender and renewals of such policies shall be subjtct to Lender's right to disappruvc ouch policies, shall include a standard mortgage clause, and shall nano Leader as mortgagee and/or as up additional loss payee, lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all reoeipts 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 and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may [rake proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoratian period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to Inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work Is completed. Unlixs an agreement is made in writing or Applicable Law requires interest to be paid an such insurance proceeds, Lender shall net be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the Insurance proceeds and shall be the sole obligation of Borrower, If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security lastrumcnt, whether or not then due, 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 Property, Lender tray file, negotiate and settle any available insurance olaim and related matters, If Harrower 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 when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to tender (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 its such rights are applicable to the coverage of the property. Lender may use the insurance proceeds either to repair or restore the property or to pay amounts unpaid under the Note or this Security lustrument, whether or not then due. 17? 1009112346 Ir Rtsa ?(PA) tosozl Pqe 7 or M Form 3038 Iml BK 196 1 PG 4 2 3.J' 6. occupancy. Borrower sball occupy, establish, and use the property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue 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 shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maluteusince and Proteetlan of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the property to deteriorate or commit waste on the property, Whether or not Bxrowa r is residing in the Property. Borrower shall maintain the Property In order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless 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 further deterioration or damage. If irrsmaucc or condemnation procopds art: paid in connection with damage to, or the taking oA the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds far such purposes. Lender may disburse proceeds for the repairs tool restoration in a single payment or in a series of progress payments az 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 the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If It has reasonable cause, Lender may inspect the interior of the Improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. R. Borrower's Loan Application. Borrower shall be in default it during the Loan application process, Borrower or may 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 roaterial information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence, - --9.-protection-af-I,ender'a-Idteereat in-the-@roperty-stud-ltighb-1(1'once-t<!ta-Becurity-Imsttvment?Tf -------- (a) Borrower fails to perform the covenants and agreeaaents contained in this Security Imtrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for conndemnatian or forfeitura, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property. then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but arc not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing In court; and (c) paying reasonable attorneys' fees to protect its intprtst in the Property and/or rights under this Security lnstrttment, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change looks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turuul on or off. Although Lender may take action under this Section 9, Lendtx does not have to do so and Is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. V 1009112346 cosa?: 41k.9(PA)10602) Ng. a of i s FDmt 3039 1101 SK1961PG4236 Any amounts disbursed by Lender 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 disbursement and shall be payable, with such interest, upon notice from Leader to Borrower requesting payment. If this Security Instrument is on a Icaschold, Borrower shall comply with all the provisions of the toast. If Borrower acquires fee title to the Property, the teoschald and the fee title shall not merge unless Lender agrees to the merger in writing, 10. Mortgage Insurance- If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect if, for any reason, the Mortgage Insurance coverage required by Leader 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 eftet, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage Insurer selected by Lender. 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 wham the insurance coverage ceased to be in offect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance, Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan Is ultimately paid in firll, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an Insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insitranm in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. --- Mortgago-Insurance-reimburyes-Lender- (or_auy_entity_that-putohascs tbt Note)_for certain losses it may Incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter Into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satis&ctory to the mortgage Insurer and the other party (or panics) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or arty affiliate of any of the foregoing, tray receive (directly or indirectly) amounts that derive from (or might be characterized sa) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any aueh agreements will not affect the ameaats that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loris. Such agreements still tat inereasc the amount Borrower will owe for Mortgage Insurance, and they mill not entitle Borrower to any tefoad. 1009112346 1nWp b:? IWWA)tososl PM.G.1Is Form 3030 Vol 8K1961PG4237 (h) Any Such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insuranee under the Homeowners Protection Act of 1998 or any other law. These right, may Include the right to receive certain disclosures, to request and obtain cancellation or the Mortgage InauranM to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Nomiloneous Proceed,; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shalt be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, it the restoration or repair is economically feasible and Lender's security is not Icsseno-d. During such repair and restoration period, Lender shall have the right to hold such Misceilancaus Proceeds until Lender has had an opportunity 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 pay for the repairs and restoration in a single disbursement or in a sales of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shell not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or bender'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 Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shalt be applied to the sums secured by this Security instrument whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss is 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 secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the 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-value-divided-by_(b)_the-fair_markct value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be 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 less than the amount of the sums secured Immediately before the partial taking, demotion, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous 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 defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security instrument, whether or not then due. "Opposhtg Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Barowcr has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfciturc of the Property or other material impairment of Lender's Interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurrcd, reinstate as provided in Section 19, by causing the actian or proceeding to be T" 1009112346 iM41a1 41ft-414PA) (05021 vwe 10 or Is l=oam 3038 Vol ON 196lPG4,238 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security instrument, The proceeds of any award or claim for damages that are atlributabie to the Impairment of Lender's interest in the Property - are hereby assigned and shall 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, Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums scared by this Security Instrument granted by Leader to Borrower or any Successor In Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower- Lender shall not bo required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any, forbearance by Lender in exercising tiny fight or remedy including, without Irritation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount them due, shall not be a waiver of or preclude the exercise of any right or remedy. _ 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who oo-signs this Security instrument but does not execute the Note (a "co-signer"): (a) is co-signing this - Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under Iha terms of this Security Instrument (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, ,modify, forbear or make any accommodations with regard to the tax= of this Security Instrument or the Note without the co-signer's consent, Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrmntmt in writing, and is approved by Leader, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. 'no covenants and agreements of This Security Instrument shall bind (except as provided in Section-20)-and-bencftt-the-successors-and-assigns-ot'L-ender. 14. Lose Charges, Lender may charge Borrower fens for services performed in connection with, --- Borrowe'r's default, for the' purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific The to Borrower shall not be construed as a prohibition on tbt: charging of such fee. Lender may not charge = fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sutras already collected from Borrower which exceeded permitted limits will be refimded to Borrower. Lender may choose to snake this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a Prepayment charge is provided for under the Note). Borrower's acceptance of any such refund trade by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. I.S. Notioer. All notices given by Borrower or Lender In connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to Z 3 00 9112 3 4 6 -O(PA) (0502) P.O. r r ore 18 Form 3039 1Mt BK 196 1 PG4239 have ban given to Borrower when mailed by first class mail or when actually delivered to borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the property Address unless Borrower bas designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address, If Lender specifies a proccdtae for reporting Borrower's change of address, then Borrower shall only report a change of address through that specifitd procedure. Tbere may be only one designated notice address under this Security Instrument at any one time, Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender bas designated another address by notice to Borrower. Any notice in connection with this security Instrument shall not be deemed to have been given to Lender 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 instrument, 16. Governing Law,, 9everabillty; Rules of Couptruodoo. This Security instrument shall be govemed by federal law and the law of the jurisdiction in which the Property Is located. All rights and obligations contained in this security Instrument arc subject to any requirements and limitations of Applioable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement 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 Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument; (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 (c) the word 'may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used In this section 18, "Interest in the property" means any legal or beneficial interest is the Property, including, but not limited to, those beneficial Interests bwwforrcd in a bond for dead, contract for deed, Installment sales contract or ---- escrow-agreemetnt? the-latest-of-which-is-thts-transfer.oftitle:_by?arrow.etat_a_fuuore_datc to a purchaser. If all or any part of the Property or any Interest in the Property Is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given In accordance with Section LS within which Borrower must pay all sums aeoured by this Security Instrument, If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke arty remedies permitted by this Security Instrument without further notice or demand an Borrower, 19. Borrower's Right to Reinstate Alter Acedertttioo. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of. (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify far the termination of Botrower's right to reinstate; or (e) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sutras which then would be due under this Security Instrument and the Note as if no acceleration bad occurred, (b) cures any default of any other covenants or 1009112346 i"tea: 414-4(PA) to502t P.Ue 12 or ie Fenn 3039 1101 UK 1961 PG4240 agreements; (o) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting L endea's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrowet's obligation to pay the auras secured by this Security Instrument, shall continue unebanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following farms, as selected by Lender: (a) cash; (b) money order; (c) cenified 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, Instrumcntality or entity; or (d) Electronic Funds Transfer. Upon reinstatemem by Borrower, this Security Lnatrugtcnt and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20, Sale of Note; Change of Loan Servicer; Nutiee of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior antler. to Borrower. A sale might result in a change in the entity (known as the "Loan Scrvicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a We of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is scrvictd by a Loan Servicer other than the purchaser of the Now, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender nay commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other patty's actions pursuant to this Security instrument or that alleges that the other party has brcacbcd any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice-given-in-compliance-with-the-requirements-of_Scction_15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrextivc on, Yf Applicable Law provides a tithe period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Seaton 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Sebstartees. As used in this Section 21: (a) "He>Brdous Substances" arc those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasollne, koruscue, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, tnatcrials aontalning asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" mews federal laws and laws of the Jurisdiction wbarc the Property is located that relate in health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Enviromnental Cleanup. 1004112346 ?nM6,lt tt.8iPA) {crow PMO +3 ur 1r. Fume 3039 1101 81(1 96 1 PG4241 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any hazardous Substances, or threaten to retcan any Hazardous, Substances, on or in the Property. Borrower shall not do. nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or releasa of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limhod to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any govermnantal or regulatory agency or private party involving the Property and any Hazardous Substance or Envisorunta?tal Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any hazardous Substance, and (c) any condition caused by the presence, use or rclease of a Hazardous Subatance which adversely aMom the value of the Property. If Borrower teams, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on ,Lender for an Environmental Cleanup NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender sha11 give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (bunt not prior to acceleration under Section 18 unless, Applicable Law provides otherwise). Leader shall notify Borrower of, among other things; (a) the defoutt; (b) the action meeluired to cure the default; (c) when the default mutt be cured; and (d) that failure to core the default as specifled may result In acceleration of the sums secured by thin Security Instrument, foreclosure by judicial proceeding and sale or the property. Lender shall further inform Borrower of the right to rti tste after acceleration and the right to assert In the foreclosure proceeding the noo-existetsce of a default or any other defense of Borrower to acceleration and foreclosure. If the default Is not cured as ipeci8ed, Lender at Its option may require hnmedlate payment is full of all sums secured by tittle Security lstrument without further demand rind may foreclose tbh Security Instrument by Judicial proceeding. Lender Ahnll beekkil d t wcollect all ermses incurred in pursuing the remedies provided in this Section 22, including, but not limited tn, attorneys' fees and arts of title evidence to the extent permittgl-by Applicable Law. 23. Release. Upon payment of all sutras secured by this Security Instrument, this Security Instrument and the estate conveyed shall Imninate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Tender may charge Borrower a fete for releasing this Securty Instrument, but only if the fee is paid to a third party for services rendcred and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reiustatG provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrummt is lent to Borrower to aoquka title to the Property, Ibis Security Instrument shall be a purchase money mortgage. 27. Tateaest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be tho rate payable from time to time under the Notc. 1009112346 'eil Ingle<d t?-S(PA)1osoz) Pepe tt of to Form 3p30 1101 8141961 PG4242- $Y SIGNING BELOW, Borrowcr accepts and agrees to the terms and covenants contained in this Security Instrument and In any Rider executed by $orrowet and recorded with it, Witnesses: (Seal) -Borrower (Sew) -Borrower (seal) -Sonower (Seal) illy i larr?al DorTo"CT _ (Seal) -Burro wa - (Scal) Borrower _ (Seal) .Borrower 10091123{5 4ft-e(PA) (05021 Pin 16utto Fnen 3mg vot 4 H l I44,iYC r.` (Seal) Idelfonao Villarreal -mower BK 1961 PG4243 COMMONWEALTH OF PENNSYLVANIA, County ast On this, the ?-' day of :Su Lea before me, the undersigned officer, personally appeared ???`L?t?.p't?.k'S:?1 0-?0_ ?-c?7cb1w. V?\'P?.1r,? \v known to we (or sadsfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged that he/she thcy executed the same for the purposes herein contained. IN WITNESS WHI kEOF, I hereunto set my band and official so], My Commission Expires: COMMONWEALTH OF PENNSYLVANIA NaTANAL SEAL CAROL L, YROXELL, Notary pJ:L. New Cumberland Bozo. CumberieNht Commisslon Expires Ueo. 27 Cer Mente of ttesidence v ?\ 7 tfe ar Officer l' ??• "' do hereby certify that tho correct address of the within-namCd Mortgagee is 1,8400 von Knxnnn, Suit* 100o, Irvine, CA 92612 Witness my hand this (,?j?day of ..?t?(p Agana of Mortgages a$(PA) toeozt -±V 1009112346 tnsWt? PVGs 'not to Fbtm 3019 1101 8K 196 1 PG4244- ADJUSTABLE RATE RIDER (MOR. Six-Month Index (As Published In Ae Wall Street Jourrma4 -state Caps) THIS ADJUSTABLE RATE RIDER Is made this 26th day of July, 2006 and Is Incorporated Into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned ("Borrower") to secure Borrower's Adjustable Rate Note (the "Note") to Now Century Mortgage Corporation ("Lender") of the same date and covering the property described In the Security instrument and located at: 551 Lowther Street, Ltmoynr, RA 17043 [Property Address] THE NOTE CONTAINS PROVISKMS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT BORROIYER'S 1XT9t"TRATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE BORRM"A MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument. Borrower and Lender further covenant and agree as follows : A. INTERESTRATE AND MONTHLY PAYMENT CHANGES The Note provides for an init let Interest rate of 9.200 %. The Note provides for changes In the interest rate and the monthly payments, as follows: 4. INTEREST RME AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I wil I pay may change on the first day of August, 20o9 and an 1 hat day every 6th month thereafter, Each date on whit h my Interest rate -could-change Is-called-a-"Change-Dale.- (B) The Index -- Beginning wit h the first Change Date, my Interest rate will be based on an index, The "Index" is the average of interbank offered rates for six month U,S. dollar-denominated deposits In the London market ("LIBOR"), as published In The Wall Street Journal. The most recent Index figure available as of the first business day of the month.1mmadletely preceding the month In whlc h the Change Date occurs Is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new Index that Is based upon comparable Information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will caleuiate my new Interest rate by. adding Six load Five Hundredth(e) percentage points ( 6.050 %) to the Current Index. The Note Molder will then round the result of 1009112346 MULTISTATE: ADJUSTABt.E RATE RIDER - LIBOR SIX-MONTH INDEX (AS Pt.IBLISHED IN THE WALL BTREETJOURNAL) - Single Family - Fannls Mae Unllronn Instrument -SSiiR (040 2) Faun 3138 y0/1 Page 130f" df 3 Inltlals, f?-' -Tv VMP Mortgage Solutions, Inc, (800)521 -7291 9K 196 1 PG4245 this addli Ion to the nearest one-eighth of one percent point (0,12 5%). Subject to the limits stated In Section 4(D) below, this rounded amount wil be my new interest rate until the next Change Data. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation wil I be the new amount of my mont hly payment. (q) Cunha on lneerest Rate Chang" I he Interest rata I am required to pay at the first Change Date will not be greater than 11. 200 % or less than 9.200 %. Thereafter, my interest rate will never be Increased or decreased on any single Change date by more then one And one-halt peroantage points ( 1.500 %) from the rate of Interest I have been paying for the preceding 5 months- My int Brest rate will never be greater then 2.6.200%. (E) Bgedhre Date of Changes y new Interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my moat hly payment changes again. F)L Nofloe of Chum I he amount ot he Note Holder will I deliver or mall to me a notice of any changes In my Interest rate and Include Information requirted payment lo be?given to met aIva date of nd also the ty itle andteleppThe hone tnumb Ir of a person who will a nswer any question I may have regarding the notice. B, TRANSFER CF THE PROPERTY OR A BFtdEFCiAL INTEREST N BGRRONER Uniform Covenant 18 of the Security Instrument is amended to read as follows TransW of the Pr*party or a BarmIclal Intarest In Sowo"r. As used In this Section 18, "Interest In the Property° means any legal or beneficial Interest In the Property, including, but not limited to, those beneficial interests transferred In a bond for deed, contract for deed, Installment sales contract or escrow agreement, Fkn 1.6-.4 -9 ...LI..L 1_ .L- .____e.... - If all or any part of the Property or any Interest In the Pro arty Is sold or transferred (or If Borrower is not a natural person and a bone ficiai Interest In Borrower is sold or transferred without Landers prior written consent, Lender may require Immediate payment In full of all sums secured by this Security Instrument. However, this option shall not be exerclsed by Lender if such exercise is prohibited by Applicable Law- Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the Intended transferee as if a new loan were being made to the transferee; and (b Lander reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement In this Security Instrument is acceptable to Lender. . To the as a conditioenttotLander's?conseAntpocthe Law, Lender err also may req ire the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep ell the promises and agreements made in the Note and in this Security Instrument, Borrower will continue to be obligated under the Note and this Security Instrument unless Lander releases Borrower in writing. -TV 1009112346 ? Ct-13 8R (040 2) gage 2 of 3 Initlels; Famt 3138 Vol 8(196 1 PG4246 oxarcises Lende give I?rower not ce oftaccelleration. rTgherno iceeshall pprovide a?perilod of not less then 30 days from the date the notice is given in accordance wit h Section 15 within which Borrowe r must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period Lender may Invoice any remedies permitted by this Security instrument wit hout further notice or demand on Borrowe r. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in Rate ider, (Seal) (Seal) aersal -Borrower -Borrower TSd Yr?riCc?l (Seal) Ivelfonao VillarLeal -Borrower (Seal) -Borrowe r - (Seal) -Borrowe r -(Seal) -Borrowe r lift-83 8R (040 2) Page 3 of 3 - (Seal) -Borrowe r (Seal) -Borrower 1009112346 Font 3138 1/01 6K 196 1 PG4247 ADJUSTABLE MATE RIDER ADDENDUM (Libor Index - hate Cape) This Adjustable Rate Rider Addendum is made this 26th day of Judy 2006 and is incorporated into and sMI be deemed to amend and supplement the promissory Note (the "Note") and Mortgage, Deed of Trust or Security Deed (the "Security hutsument") and Adjustable Rate Rider (the Rider") of the same date given by the undersigned (the ")Borrower") to secure repayment of Borrower's Note to New Century Martpgn Corporation (the "Lender"). Property securing repayment of the Note is described in the Security Instrument and located at: 951 tawther S6oe1r Lemoyne, pA 17043 (Prapcrty Address) To the extent that the provisions of this Adjustable Rate Rider Addendum are inconsistent with the provisions of the Note and/or Security Instrument and/or Rider, the provisions of this Addendum shall prevail over and supersede any such inconsistent provisions of the Note and/or Security Instrument and/or Rider. In addition to the covenants and agrecments made in the Nate, Security Instrument, and Rider, Borrower and Lender further covenant and agree as follows: d. (D) L T uTS ON INTEREST RATE CHANCES The interest rate I am required to pay at the fir-at change date will not be .greater than 11.200 % or less than 9,200 %. ThereaRer, my Inltemst rate wilt never be Increased or decreased on any single Change Date by more then One And Onafinp percentage point(s) ( 1.50%) from the rote of interest I have been paying for the preceding 6 months. My interest rate will never be greater than 16.200'x• or less than 9.200%. BY SIGNING BELOW, Bonrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider Addendum. LL [ T ( S?" J?lw V1i C t_\ fvelEonso Villarreal NCMC Adjustable Rite Fader Addendum 1009112346 RE.IOZ (482296) Page 1 of 1 81(196 1 PG4248 PREPAYMENT RIODER A?6MTABLE RATE LOAN This Prepayment Rider is made this 26& day of ,may 20H , and is Incorporated into and shall be deemed to amend and supplement the Promissory Nate (the 'Tlate") and Mortgage, Deed of Trust or Security Deed (the "Security Instrumcnt") of the same dare given by the undersigned (the "Borrower") to secure repayment of Borrower's Note to New Coro" MatogagG Corporation (the "Lender"), To the extent that the provisions of this Prepayment Rider arc inconsistent with the provisions of the Note and/or Security Instrument, the provisions of this rider shalt prevail over and shall supersede any such inconsistent provisions of the Note and/or Security Instrument. In addition to the covenants and agreements nude in the Note and Security Instrument, the Borrower and Lender hather covenant and agree as follows: S. BORI;IOW'EM RIGHT TO PREPAY I have the right to make prepayments of principal any time before they are due. A payment of principal only Is known as a "prepayment"_ When I make ¦ prepayment, I will tell the Note Haider in writing I am doins'so. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Moue, If I make a partial prepayment, there wit! be no changes in the due dates of my monthly payments unless: the Note Holder agrees In writing to those ehaeges. My partial prepayment may reduce the amount of my taonthly payments after the first Change Date following my partial prepayment. If within 3 year(s) from the date of execution of the Security Instrument, I make a full prepayment or, In certain cases a partial prepayment, and the total of ouch prepayment(s) In pny 12-mouth period exceeds TWENTY PERCENT (20%) of the original principal amount of this loan, f will pay a prepayment charge in an amount equal to the payment of site (6) months advance inttrest an the amount by which the total of my preprymeut(s) within that 12-month period exceeds TWENTY PERCENT (20%) of the orJ&al principal amount of the loan. _B-y-.SIGNING_I3ELGW,._Borrower accepts_and_agives_to_the-terms _and_coveaanta_contained_ilLthis__ ider. ?vl 41allyrmal ZVelfonSa Villarreal MCMC PrCpsy Rider-ARM (NrWdstaeo) 1009112348 RP-103 (020900) Page t or t BK196 1 PG4249 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in the Borough of Lemoyne, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described according to a survey of b.P, Raffensperger, Registered Surveyor, dated May 21, 1957, as follows; BEGINNING at a point on the northern line of Lowther Street, three hundred twenty-five (325) feet Bast of the Northeast corner of the intersection of Lowther Street and Seventh Street, also being at the dividing line between Lots Nos. 15 and 16, Section "A" of the hereinafter mentioned Plan of Lots; thence northwestwardly along said dividing line and at right angles to Lowther Sheet, one hundred five (105) feet to a point at the dividing line between Lots Nos. 24 and 15, Section "A" on said Plan; thence eastwardly along the same, sixty (60) feet to a point at the dividing tine between Lots Nos. 14 and 15, Section "A" on said plan; thence southeastwardly along the same and at right angles to Lowther Street, one hundred five (105) feet to a point on the northerly line of Lowther Street; thence in a westerly direction along the same, sixty (60) feet to a point, the place of BEGINNING. BEING Lot No. 15, Section "A" of Waldon Terrace, said plan recorded in Plan Book 4, Page 99, Cumberland County records. HAVING THEREON erected a one-story dwelling house known as #551 Lowther Street. BEING the same premises which Vy Duong Ha and Hue Ha, husband and wife, by Deed dated June 21, 2002, and recorded June 26, 2002, In the Office of the Recorder of Deeds In and for the County of Cumberland, Perrnsylvinia-in Book 262 Page 1823, gannted and conveyed unto Jose M-Tre o, Jf-at d"Monica A-Trejo,, his - - wife. ALSO BEING THE SAME PREMISES WHICH Jose M_ Trejo, Jr. and Monica A. Trejo, his wife, by their deed dated June 30, 2006, and about to be recorded herewith In the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Sally Villarreal and Idelkinso Villarreal, husband and wife, Morigagors herein. Schedule A • Page 2 Commitment No. 2&N4y1LLARRFAL This corntnienant Is Invarid uNaas the Information Street and Srlreddles A and B am attached i C -', i;N' 1 ti-.is to be recorded :.•LI;i:land County PA FX- 4 9 61 PG 4 2 5 0 ? Recorder of Deeds sep-ecmbu + w) Sally Villarreal Eaelkinso Villareal '.?jl Lowdwr street Lenx3pie, PA 17+945 Property Address: 551 Lowther Street Lemoyne, PA 17043, RE 1 omi Numhkv 1009t 12341' ACT 91 NOTICE TAKE ACTIO TO SAVE YOUR HOME FROM FORECLOSURE the HEtflched pates. I fie HOMEONIV1tiiEWS Ft1l; R(,F:NC,Y MOR'r(:;A F,.zk`?41s'I'.• N(."t, PRQGRA, )~;MAP) tuav be able to belt) to save vclur house This 'notice ex Was how the program works 'I'o ree if HEMAP can help you rnust ,1IEF_T PAYS OF FIE DA`I'T OF THIS N(.)'I T(.E. 'rake this Notice with yc)tr Fthen you taleet with the Counseling Agenev. The 11a111c, t?cldre s and phorrc? number of"Caitstlltirr Credit Cr unselill<r Agencies servinLl your County are listed at the end of this Notice 1`1'yo11 have 1 869), N05±(, N,?? . err tXh)'Ah)-F ".f? 'I"his Notice contains important legal information. if vol, have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTI ICACIO'N EN ADJUNTO ES DE, SUMA IMPORTANCIrA, PU S .AVEC"I',A SU DE.RECHO A C ONTINUAR VIVIENDO EN SU CASA. St NO CO YIPREYDE El. CON I'ENIDO DE E:STA NO°TIItICACIO'N OBTENGA UNA TRAM1 ('10°N IN;ME DIATAMENTE LI-01ANIIU ESTA AGENCIA (PENNSVI,VANIA HOUSI_N(; FINANCE; ?kGE:NC'Y•) SIN CARGOS AL NUMERO MENCIONADO ARRt:BA. PUE E SER E LEGIBLE: PAR.A VIN PRE'STAMO POR E:I, PROGRAMA LLA€4IADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PRO(.iLAM" El. C t Al, PUEDE, SALVAR S€I CASA DE LA PERDIDA DEL DE'RECHO A REINMTR SU HlPOTEC'A. HOMEOWNER'S NAME(S): T'RC)Pl"WIN' .'aDD LESS: ?nll}Vi3iarreat yl% Irlelfs?ntc? i+ilta:rc:?,! LO, N AC (A . NO.: ORIGINAL LENDER: (°t'RREN`I' I F,NI)E:121SERVICER: COT11act C'aarringtr7n Oortgagc Services. 1A.C' {`arris???;tt,ta LTc?rt?=aoe Sen ices, I,L.C' 110-MI=:()4A AI= WS EMERGENCY .ASSIST ANC L I"WXAZA1I YOU MAY BE I"AAGIRLE FOR FINANCIAL ASSISTANCE Will('ll CXN S,kVE: Y()l I IIQNIE; FROM E0RE( I,0StTI`tE, AN I) IIEI.I' Y Ot.` 1I AI Fa FUTURE MORTG AGIE PAYMENTS I1' VR COMPLY Y1ITIl THE PROVISIONS OF THE 110iME`,OWNEWS F:tili?R('F.;*'C`Y YIOI'r,l*Ga \C;I:.iSSIST•4NCE: aC'I` OF 1983 ("I'llE "AC"T""), YO(; iM AY BE. FLIGIBIT, FOR EME.RC.FNC'Y MORTG AC;E ASSISTANCE: IF Yt?i It I)E:F'AULT HAS BEEN CAUSED BY C"IRC T MS`I';YNCFS 13F ()ND YOI,R CON IRO L, II Yf%' RAVE A RFASONYPI T7 PROSPECT ()I' BFINf> YI*.+ ?', I() I,.A}' YC?t:lt t1(aI'tT AGE, PAYMV,,N; I ? AND IT?YO1 ?IIE;`I°'C:)"1'IIE'12E:I.IC:II?IIII`YItE?(?UIKL3IEdtiI"4I?:S?I°.AIiI_ISIIF;I)IIY T11F PF:NNSYI, AN1AIIOUSI.NG FIN:XNCE'AGENCY. ' ii; I EMPO NR1 SAY O FORECLOSU}iE--lender the .Act, you are entitled to a temporaiv stav of foreclosure on your mortgage tar thirty (30) days from die elate of dns Notice (,,Pans dingy e (?) days for mailing). During that time You must arrant, and attend a f.ac e- to-tac c tncctill- with one of the Consumer credit counseling agencies listed at the end of this Notice. THIS MF V TM1 119imi, nrv- vrn I1 T PAKI ()F 7'l-lIS N07lCf .. C A[ [ f:T3 "UC)W TC) C CtRE Y ()I,'l2 f}E 1" 1l f l='". [ II S HC?W_"FO RRIN(z Y PC.JR 1N tIRLQAGF UP TQ DATATE CONS UNi 1F..}t C'REDrr COUNSELINIC= AGENCIES---If you meet with can of the rc>risutncr cr clit counseling a( gencies listed at the end of this notice, the lender may lN(: T ttakc actic>rt tg;anisi you fi)r thirty (30) days after the date of this meeiing,,_Th_e nanac_ =s addreess;a::s. nid t le he}n? isunlhc rs c>Etl s mii ed consumer credit counseling agencres fUr the t.clunty in.which . lac propcrlvis lr>catc,d are set forth at tlae CIA of this Notice It is only necessary to schedule =_tne f cv to-iiwe meeaiu& Advise your lender immediately of your intentions. IPPI I( 1'C}()ti F()R 4IUI{TC; ?C!!; ASSISTANCE-Your mortgage is in delautt for the rc.asow4 .:t forth [-at,,-,r in this Notice (;, scc following pages for specifi;; information ahc>art tf:z= i ac',s a , t-,, l t fietdt)You have to ri.t t to t. .;lt p[rl} for ftnartttal ,,,i,;taurc tia)nt tirc+ [ hon,c ,? iae r :, r , cr re?ttiv° .S org tic Assistimce t'ro -girt to do o, you mist fill o tit, si, n and tilt, .i w.r pk-t,.xl llornc.owner's E mergenc.y Assistance Program Application with one cif th;r dests.n r ,.l cow umer credit counseling agencies listed at the and of this Notice, Ott1v voii>ta tic .r;;cEtt Coal"lseling a- ricies have applicatiotis for the pr04'ram trod t.hev will assist d,cm iit sclbitiitmiy a c.onaplete application to the Pennsylvania flousin?, Finance Agency, "Cra (rnal)orrrily step the lender from film a foreclosure; action, your application 411;S'C he t+,iee°;aidoI !,.NI FA al)d received within ?.tirt (3M clays of vote t lce-to-facc- rncetinP witli th, e?oiir,Uftrir; _ l;cv. YOV S11OaITI) FIEF A I11,:4L<11P ?tI'PLIC-17 0A` IS SC)O; :fS„I't)54I131f:. IF Yw, If IF t ,tthr II?'Ci WIM _t C0 C':yCF:.IfVCi I(,E4CY (F'(7711 , 33 DAYS OF TIfF' 110S1.31.1tfh 1),trs CtF'T111SNOTIC1. ,INN FILE AN : PPLICAIJON 0,171-11HEA 11'11'I11r I0 DAYS };S ()1 111111' lINC,, "MEN Ml LEAD R DILL HE TE 311100 t 1[ll. l PREVENTED F leO ll .STAR71r1'Ci A FORECLOSURE : t GAI 'S 7. Y0(h 1'1{L1PERTY, AS EXI'L 41itiI:I) ABOVE, IN 7711:` .SEC°'I10A' C:A LI P „TI:11I'f!?',ti{f'.5'T,9 }`nF'.f`(1XtEC'/.l),Sl'Rt." } 0[ If t i 11'111' RK IfT TC) l Ill .1 IIF..".I11.1' AI'PLf(,A7'I()r4 EI L-',, h 3'CjND 7'Ilf'.ti'I' I"I;t11 L'FI IODS , ] L,AT APPLICA17ON WILL NOT PREVENT RIE (I;;Y LR I ROIvf S 1 l ,1 1 LW .1 FORECLOSURE A CT101V 13117' IF Y017R 11PL IC 1 TtON IS I ! 1;,°t'II .11,.1 t APPROVED AT 44NY RJIE, BEFORE A .ti1lERI 1''S S tLE, 1111 1`r)1thCI.(1,SI-`1ti?- 11`ILL Rt' SIDP7'h'1). ?CTE '+{ et "t ON available funds re r cwci ge ncy mortgage a,yr,i:!J r tree very firrrrtod. [ fa +? ii` t .,t el )S the A-Mc z,i d r the;. C [i ,[)Ifit` r7tC'f`E:# .,.I r) <' zft A4'C. E , t ??. ttt,e-f1 iii .i IftaU?.ints Faiance Aveiic, h Is sixty (00) days to snake i decision Mier it . Y -... i';it; of your IpplicAtion. J)urlna tha time, no t6rcelosure proccedings will be pursued against you it' you havc [let (tic t ,me requirements set forth above. You will be notified directly by the l'cnrrsylvania Housing Finance Agency ofits decision on your application. :VOTE:, IF YOU ARE CURRENTLY PROTECTED- BY THE, FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT RE CONSIDERED AS AN ;kTl"K PT TO COLLECTTHE DEBT. have filed baarkruptey you can still apply for Emergency Mortgar Assistance.) HOW TO C LITRE YOUR MORTGAGE DEFAULT :Brio it a to date . NA`fl RF OE HE DEFAULT--Tire MORTGAGE debt held b} the above lender on vtaur property sated At: 551 t, owther Street Lemoyne, PA 17,043 3 Z `t`()(' HAVE NOT IAI)f' :Yf(: N't'IIL'Y MOR^rGAGE PAY.ME, -'l":S for the tollowitt? nt)Itths and the fail! swing atno[mtC are 'low past due: l't:7t:;pal tE Illleresr (11 pays cwt +o \ f7)5} 25) S 11,139.25 { l P11YIDGI7t a S S 65431 I'fir4ll'`L (IR j711?'11tC1Itti \I.i?$? 5 .A5h, SS 622.44 1' tiI)c'riL IT lEt7n 1{).7J of 15,1814 7 T(Yt AI k''I()[INT DUE LESS 1) y=kPP1,IED AS 0 {o7 812c, I) S ?s ?, , 1 h W7 fl past due aruount is good collb. as of (tic date oi. this IOU r and th t> ,tray be atl<fitit7?tal rltr I2rui ° p.ryulanis or e11ar} cs as tilev become due on or atler the date at this letter. WW (1 \VF 'll.l:D TO 'l'.kKli 111i" f01,.,l,0WlN(i _A("lIt)N (I)i, n,?t it rtut 1:r 1;h c+71)r Inonthlp pad naEntlti ,IS spcelbed fa r oar I)tz rl of Trust or Mort", e. HOW TO CURE "TIIE DNvFAtri T--Yon inay cure the dchitilt within TIIIRTY (301 DAYS of the state of this notice BY PAYING THE 'T'O'TAL A IOUNT PAST DINE; "1*0 THE LENDER, WIIICN IS $15,1S1.47 PLUS ANY MORTGAGE PAYM..N'S AND LA E CI-IARGES WHICH BECOME DUE DURING THE "THIRTY (30) DAY F'IRK;)T) l11- teat: mint be made either by cash cashier's check,._certife?[ check rrr )ilonGV cttd,.r na.l?le?,,tl?ablc. alaci,5ctat.ta e --.___ 0V ERNI(,'im, MA11, WESTERN I'TNION Carrington Mori;?a,e Services, I.J.C Quick Collect AT TN: Cashiering Dept Code City CARR.}NGTONNIS 1610 E: St. Andrew Pl. Ste 13 150 1 Code State: CA Santa Ant Ca. 0270 1 Y oil can cure anv other default by taking the fotlowinl action Within THIkTY (30) DAYS o ihr; (kite of thi , 1,-ner: (Do no, uSre if not alspl calslc. Contact our offices at (888) 788-7306 to determine the best way of reinitating the. sscconnt. 1E' Y"OUT D0 N0 'I" (hItE. 'TILE: f)E.FAUTLT--[f you do not curt the deratill ivithin'111IRTY (.t)) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the naortLyage debt. Fhis meanas that etaa entire outstanding balance of tlli7 debt vvili be consiclered dtie imnaetliately and you may lose the chance: to pay the rnomia«4 in monthl,, insurlltnenis. IC hill payment of, itra total amount past clue is not inade within 'I'HIR]?Y (,"'0) DAY; the 1tmder ako :mends to instruct its attorney, to start legal action it) forecloses noon %Mll' lut>a i??a?=eel property. If HI %I(rh WIT( ?C;1 fS f'Cti?l r f x.)51 J PL)N-- h to rit;t rYrrivwill h :za,r w ttic Sh rlfi t , Imy off the inortg } X debt It tic lender refers k o u r ...e 11, It, attornevs. Nit tlt)r t?t(. (tennijuency ireiore the Icli .cr 1, al I'SYoceeClIM fF'H',: l YOU.. tiOn Will hill bi rc-t.lttirt d o pav th,,: - asonab!c attoni > s that wm: a,!Ua L, t,ae trrcd, tip to limS'Ztc, Fl' li,,al p1-f-,CGCdin+s's ale marten V'()u, Yo U. 1"ki11 ;give it) pay all rea;onalrlc x!0-11!< F11 lkmll`: iii±l, ?d 1.F' die kndel' even ifthc exec(..-,A Y;11.1 I'llA'n atti alllt`VS i_ ' ill b( ttlc?t) tht` W110tult V011 <ti?:ct t!ltr lender, #vl icll ;l1,iV' sits i? ItlCludc other r ?t?_.t.rima =?ta- 11' you core the default ivithira the T111IRI`Y ail) I)AY` aerlocl, you hill trot [rc rcrtniretl to oav" tattnrnev*s fee" OTHER LENDER Ith'NiEDIh"S- I hu, lender m.ry also ittc ,vou t?castmalf 9? or the al?Iraria t! in;: tp d tntl<(nt c alict atli other 5uni5 (lite under the nlorl:,?;we, itlGil f "Lt) ( UI2E' `141E 1)EFAl=l.T PRIOR T0 4-cm have not t:" tatt'.t ,vilflin Ih. 11 HP Y D.? Y Pel'iod and ' t sct;cttt t,r4.. hct(utl. you ;till b vc th right tc cart: the default anc?trctit_t,tl til tiilc _tt my 11 tip to utl hour bcfare the rift's Salt Yo u_f;na r o a7 by it the tottzl ?tanount iltc_?n ja clue :zlus rnr,.,i?t? cir c,tlrrt hrrr s,tlaect cluc;_P-w-ottzthle atton'iev's fees, aztd costs ccrntxctu3 r ich the forc(losure said aneiany latter crasts gonittctecl with the Sheri fts 31e as eeifitd it, writ rz3 = liv4[lse Ivu?ler anti }?vxscrfirnnn_arr,y_cathrXr• uirentents uncltr the mom: Curing your default in the manner set forth if) this notice will restore your mortgage to the saute position as if you had never defaulted. EARLIEST POSSI1 IA: SHERIFF'S SAL DATE--lt is estimated that the earliest elate that .such a Sheriff's Sale of the mortgaged property could be held would lie approximately six (6) months from the date of this Notice. A notice of the actual date of the SheritFs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer _vott wait. You may find out at any tinge exactly what the required Imyrracnt or action will he by contacting the lender. IIOW'TOCO lAC•I'_I'llF IF'NDFFt• Carrington Mortgage Services, LL(_' PHONE NUMBFR'(gRS) 788-7306 1610 E. St. Andrew Place. Ste B150 ? FAX NUMBER: (800) 485-1000 w a Aria, CA 92 0 E-1ltii ;Address: 1':tr)l i;carr'ingtnnrns.crrnr r1;,.Clbtr4)i7:Ila Yaa1?:_,t l;iti"1 t}Lhir?'l ai.. tit i .. EFFYC"T OF SHEI2iFl!"'S S 1LF--You should realize that a Sltertf'fs Sale will end vour ownership of the mortgaged laropert_y sand yuur right to occupy it. if you contintre to live; in t:hc ptopcrty 'rt'ter the She,rila s Sale, a l awsaiit to remove you and your furnishings and other - belon pigs could be to artc,d by the lcn(Jor at any dine, ASS[ INMII TIQN OF' NIOR'I'C,1CF.--Yon ? may of may, not ({ HFC`k ()I+II') set[ o traEaSfcr vour home to .a bUyQr or iransferce who will assume the mortgage debt, provided l 1[ .ki! 111. ;utsa ildil!.? a7 atiTlit'iat 4.tt t` wid altoriley's I'ec.. auk Ct,StiQti we paid prior tt.? o, ii 14? sr.[...rat that the other rcqui cnnk t` c f ih' mart} age ,.c Otis' Jt,7 il'I 3. "Illl! l'ftt)1'I?IL"Cl? ((1 013F.A1N 'i(aNhY 'I r.) 1'':11" ()p. 1' "I'ffE R, t1 (' I`C;At:rl: 1Dt ['()I< '10 13C)ILPC)W NIO I_`r -ROM ANOI ILR Li_.NDj,v(_r INS ['I`UTION 1.0 01IF` HIS [)Fk], 10 HAIL : '[Ill') DI' -?I LI t`(.II ['t? 13Y :1 Y IIHRD P t;<.fY ( °IINC ON 11.11..,l" ['{) [itiV F: C11I: P'.?K)RlGIA(I[ 1? SlC?m..) "CT) 'na S..1[I I'C>5[i[C}` AS IF ` t)Ll.zi[ri-1 I[.?3t) (?t::?tiklCl_Ci I} yO[ (_JiRF THE DFFAUI L (HOWEVER, 1`OCl iJi_) I` tt_`t"F 11 WS RKiffL T{:' Rti: Y'{at.,rR DI FAU -1 fit Rl 1[1Rl F 11 IE;S Is: AY E' ('A1,VI ")Ak Y`F?AR.i * 10 A-SSER1 I IE 'vC NFXlS"I ENCF OF A DE AUL I' IN ANY FORE(,'I.(),S1sRE PROCEEDING OR A34Y OTHER LAWSUIT INSTITUTED UNDER THE MORTCGAtih I)()C 1_iM[,'.N'I'S. ' TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO StJCI-I ACTION BY HE LENDER. * TO SEEK PROTECTION I NDFR TIIE FEDERAT. BANK Rt1PTCY LAW, C'C)NSt>MER CREDIT COUNSELING AGENCIES SERVING Y()tTR COUNT TY Please refer hQ the attached fist uf'tlFMAP C'onsuiner Credit C ourrselinq,= i eneies in Pennsylvania and contact the nearest Ciirerrs?l red ? ec?ey serryin your area. -CI2I'DIT IU'PORTING- We may report inl6mlation about your account to credit hur, aus. Lare payments, mrssec3 N m tn, a t+lher dchalts on nrn ::rctc?l,nt nna,'be rirflcci;? I in ot_ crc &[ report. JFNI 14[IRAti17A- I'llis communication is from a debt collector and it is Ibr the Purpose of collecting a debt. and iny rforniationr oblain ed from thr 1rustar(s) will be WSW lcc i that gurIvse. This n chic,: is Wiluined by the provisions of rile E'nrir Debt Collection Practices Act and does not imply that we arc attemplT to collect money from anyone who his discharged the debt under the iankfuplcy laws of ti e I,'nltcd `states. i '17S€Ar \lUNI_ > n ,? nt to Sc( lion 164 O Ow Mm rng nnel U mmanA 17 k A Act as 1987, - dw it1vM"ttl,l q, to recov o.n.nchn Rom vaoms h ,,.,-z+ mmy dw wyou inx w n { n `C% lnl 1 obtain a Itst Of the III ) al?Tnn d honstna cOmn d y a . melts by calling be 1111) ???sta,rna, lc toll free it,lephonc _nt tMO)569 k'( 7. HANKRt.PTC'1' I'Id{}t I;I:[)Itic; - It v w h r>,v been clistBargal front pemcutal 'liability_ on tlh? ns< rtgsagc because of bankrupik:; r 1 1 s and hmc not nc" i{iirmcd 01C: nrt?7 t__ 1"i, this i do not all attempt to ri?UV0 ,r it n1 't t but nl ely p Skf S in lfll Y12t! Td 11(11t ' .1I a0.'1o•tt9'C PT0CC clnng,, ttt one c Ke Ne 1 1 raing the propcH to s tllsty Umn er nIl ;. ilt_ z .1 t .ire eESnrsnlencnr?_ i'q 7"7 September 8, 2009 Sally Villarreal Idelfonso Villareal 3680 James W Smith Loop Tracy, CA 95377 Property Address: 551 Lowther Street Lemoyne, PA 17043 RE: Loan Number: 1009112346 ACT 91 NOTICE TAXI'2%'M'E'ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the morta e on our home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached paees. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call (717) 780- 1869). N0556 Page 1 of 7 This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACIO'N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACIO'N OBTENGA UNA TRADUCCIO'N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRE'STAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: Sally Villarreal & Idelfonso Villarreal 551 Lowther Street Lemoyne, PA 19134 1009112346 Contact Carrington Mortgage Services, LLC Carrington Mortgage Services, LLC HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. N0556 Page 2 of 7 TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face- to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE 33 DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES--If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARYSTAY OF FORECLOSURE. " YOU HA VE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives N0556 Page 3 of 7 your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT Bring it up to date). NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at: 551 Lowther Street Lemoyne, PA 17043 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Principal & Interest (17 payments @ $ 655.25) $ 11,139.25 (1 payment @ $ 654.31) $ 654.31 Escrow (18 payments @ $81.04) $ 1,458.72 Uncollected Late Charges $ 622.44 Property Services $ 1,297.00 Property Inspection $ 10.75 Less: Funds in Unapplied $ (0.00) TOTAL $ 15,182.47 TOTAL AMOUNT DUE LESS UNAPPLIED AS OF: 09/8/2009 $ 15,182.47 The total past due amount is good only as of the date of this letter and there may be additional fees, monthly payments or charges as they become due on or after the date of this letter. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable.) Make your monthly payment(s) as specified in your Deed of Trust or Mortgage. N0556 Page 4 of 7 HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $15,182.47 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent to OVERNIGHT MAIL, Carrington Mortgage Services, LLC ATTN: Cashiering Dept 1610 E. St. Andrew Pl, Ste B 150 Santa Ana Ca. 92705 WESTERN UNION Quick Collect Code City: CARRINGTONMS Code State: CA You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) Contact our offices at (888) 788-7306 to determine the best way of reinstating the account. IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgaae debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaeed property. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one N0556 Page 5 of 7 hour before the Sheriffs Sale. You ma do sob paying the total amount then past due lus any late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Carrington Mortgage Services, LLC PHONE NUMBER:(888) 788-7306 1610 E. St. Andrew Place, Ste B150 FAX NUMBER: (800) 485-1060 Santa Ana, CA 92705 E-Mail Address: PA91@carringtonms.com Attention: Home Retention Department EFFECT OF SHERIFF'S SALE--You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE--You x may or may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) N0556 Page 6 of 7 * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Please refer to the attached list of HEMAP Consumer Credit Counseling Agencies in Pennsylvania and contact the nearest Counseling Agency serving your area. -CREDIT REPORTING- We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. -MINI MIRANDA- This communication is from a debt collector and it is for the purpose of collecting a debt, and any information obtained from the trustor(s) will be used for that purpose. This notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States. -HUD STATEMENT- Pursuant to section 169 of the Housing and Community Development Act as 1987, you may have the opportunity to receive counseling from various local agencies regarding the retention of your home. You may obtain a list of the HUD approved housing counseling agencies by calling the HUD nationwide toll free telephone at (800)569-4287. -BANKRUPTCY PROCEEDINGS- If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, this letter is not an attempt to collect a debt from you, but merely provides informational notice that foreclosure proceedings to enforce the lien against the property to satisfy some or all of the debt are commencing. N0556 Page 7 of 7 I f* VERIFICATION Danielle Boyle-Ebersole hereby states that she is the Attorney for the Plaintiff in this action, that his is authorized to make this Verification, and that the statements made in the forgoing Complaint in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C..S Sec. 4904 relating to unsworn falsification to authorities. SHAPIRO & DENARDO, LLC BY: ??- Danielle Boyle-Ebersole, Esquire Attorney for Plaintiff Date: 1 (9 ) I(((C)q co Lea GEC 15 A411= 14 Cu ?. Ily -*qa. o0 PD ATW ??,'? 33sso(a SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor «, 01 ?u+?brr! Loll" 'Qa9 DLC 22 A11 Ill: 28 Wells Fargo Bank, N.A., vs. Sally Villarreal Case Number 2009-8614 SHERIFF'S RETURN OF SERVICE 12/21/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Occupants at 551 Lowther Street, Lemoyne, PA 17043, but was unable to locate them in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Occupants. Request for service at 551 Lowther Street, Lemoyne, PA 17043 is vacant. The Lemoyne Postmaster has advised the defendant has moved and left no forwarding address. 12/21/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Idelfonso Villarreal, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant idelfonso Villarreal. Request for service at 551 Lowther Street, Lemoyne, PA 17043 is vacant. The Lemoyne Postmaster has advised the defendant has moved and left no forwarding address. 12/21/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Sally Villarreal, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Sally Villarreal. Request for service at 551 Lowther Street, Lemoyne, PA 17043 is vacant. The Lemoyne Postmaster has advised the defendant has moved and left no forwarding address. SHERIFF COST: $89.40 SO ANSWERS, December 21, 2009 R THOMAS KLttd?, SHERIFF (c) GotnrySuite Sher.'f, T&eosott. In-L. 1+ IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A., AS TRUSTEE FOR CARRINGTON MORTGAGE LOAN TRUST, SERIES 2006-NC4 ASSET-BACKED PASS- THROUGH CERTIFICATES; et seq. Plaintiff (Petitioner) V. SALLY VILLARREAL ; et al. Defendant (Respondent) CASE and/or DOCKET No.: 09-8614 Sheriff's Sale Date: AFFIDAVIT OF SERVICE rya _ <^l c= l --r; i"i"i t_ l>C t? . _ 1.f3 R Complaint ; . Su tm?moons 0 Other: I, ' pkr - r certify that I am eighteen years of age or older and that I not a pa o Ilic action nor an employee nQQr gelati v of a natty and thaLl served and made known to the person served, SALLY VILLARREAL ; et al. the above process on theb? day of 20 ` , at ; o'clockM, at 2662 PYRAMID DRIVE TRACY, CA 95304 Manner of Service: By handing a copy to: An officer, partner, trustee, or registered agent of the Defendant organization who is not a plaintiff in the action* The manager, clerk, or other person for the time being in charge of a regular place of business or activity of the Defendant organization who is not a plaintiff in the action An agent authorized by the Defendant organization in writing to receive service of process for it who is not a plaintiff in the action * Q By handing a copy to the Defendant(s) By handing a copy at the residence of the Defendant(s) to an adult member of the family with whom he/she resides or to the adult person in charge of the residence because no adult family member was found * By handing a copy at the residence of the Defendant(s) to the clerk or manager of the hotel, inn, apartment house or other place of lodging at which he/she resides By handing a copy at the office or usual place of business of the Defendant(s) to the Defendant's(s') agent or to the person for the time being in charge thereof By posting a copy of the original process on the most public part of the property pursuant to an order of court `^' • v * Name: NAN IV Relationsbi_nlTitle/Position: 11 Remarks: Description: Approximate Age Heigh Weight Race Sex Hai, ZVC Defendant was not served because: 01 Moved 0 Unknown D No Answer] Vacant Other: Service was attempted on the following dates/times: 1) Commonwealth of Pennsylvania County of Cumberland 2) SS: 3) Before me, the undersigned notary public, this day, personally, appeared 'T "• " ZaAll to me known, who being duly sworn according to law, deposes the following: I hereby swear or affirm that the facts set forth in the foregoing Affidavit of Service are true and correct. .* - Subscri_W and worn to before me (Signature of Affiant) this 41iy of ttWS6M - File Number: 09-036777 COMM. # 1842425 Notary Public « Notary Public California o z Merced County -^ 4 ,.. lrw ?. F.xnves Mar. 28, 20t3 P State of California ) County of ?Aw,,Pc\ ) CALIFORNIA JURAT Subscribed and sworn to (or affirmed) before me on this day of - ?-A)WJAX? 20 by Y(h ?? proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. AMANNULLAM KHAN CHOWNRY COMM. #1842425 z = e? Notary Public • California Merced County 0 Comm. Expires Mar. 2a, 2013 Signature Seal ,I OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this jurot to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document Additional Information 70 ntification This certificate is attached to a document titled/for the purpose of Method ofAffiant Ide Proved to me on the basis of satisfactory evidence: Lo form(s) of identification 0 credible witness(es) Notarial event is detailed in notary journal on: Page # Entry # Notary contact: Other containing pages, and dated ? Affiant(s)Thumbprint(s) Describe: 91 Copyright 2007-2009 Notary Rotary, Inc. PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Form JUR01. 12/07 Please contact your Authorized Reseller to purchase copies of this form. IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A., AS TRUSTEE FOR CARRINGTON MORTGAGE LOAN TRUST, SERIES 2006-NC4 ASSET-BACKED PASS- THROUGH CERTIFICATES; et seq. Plaintiff (Petitioner) V. SALLY VILLARREAL ; et al. Defendant (Respondent) CASE and/or DOCKET No.: 09-8614 Sheriff's Sale Date: AFFIDAVIT OF SERVICE C7 rU 0 ``• c -TI C= r7. . Q ill t-0 i t? 7C;, 'rn c } CD ?= h5 t-0 R Comp aint "°°; Summons El Other: I, %r certify that I am eighteen years of age or older and that I am arty to the ti n nor an employee nor relative of a party , d served at ade known to the person served, IDELFONSO VIILLARREAL ; et al. the above process on the nota day of 20__,jJZ, at o'clock, _M, at 2662 PYRAMID DRIVE TRACY, CA 95304 Manner of Service: By handing a copy to: Q An officer, partner, trustee, or registered agent of the Defendant organization who is not a plaintiff in the action* The manager, clerk, or other person for the time being in charge of a regular place of business or activity of the Defendant organization who is not a plaintiff in the action An agent authorized by the Defendant organization in writing to receive service of process for it who is not a plaintiff in the action * Q By handing a copy to the Defendant(s) ]o By handing a copy at the residence of the Defendant(s) to an adult member of the family with whom he/she resides or to the adult person in charge of the residence because no Il?? adult family member was found * By handing a copy at the residence of the Defendant(s) to the clerk or manager of the hotel, inn, apartment house or other place of lodging at which be/she resides By handing a copy at the office or usual place of business of the Defendant(s) to the Defendant's(s') agent or to the person for the time being in charge thereof * L] By posting a copy of the original process on the most public part of the property pursuant to an order of court * Name: Remarks: 1 Description: Approximate Age Height V Weight% Race Sex Hair Defendant was not served because: [7- Moved E] Unknown -,71 No Answer D Vacant Other: Service was attempted on the following dates/times: 1) 2) 3) Commonwealth of Pennsylvania ) SS: County of Cumberland ) Before me, the undersigned notary public, this day, personally, appeared T&, lir '&A* to me known, who being duly swom according to law, deposes the following: I hereby swear or affirm that the facts set forth in the foregoing Affidavit of Service are true and correct. ` Subs W d syfom to before me (Signature of Affiant) this y of 20 File Number: 09-036777 AMA t Aft KM- CHOUDIfRY .?4 COMM. #1842425 z Notary Public a? Notary Public - California X LAJ Merced County Comm. Expires Mar. 28, 2013+ - Vi" NAM State of California ) County of w\vc l ) CALIFORNIA JURAT Subscribed and sworn to (or affirmed) before me on this day of Vp, 20 , by A.V A %A? proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature AMANNULLAH KAHN C-M- RY p COMM. #1842425 z 0 a? Notary Public - California ;0 Merced County Comm. Expim Mar. 28, 2013 Seal OPTIONAL INFORMATION Although the information in this section is not required bylaw, it could prevent fraudulent removal and reattachment of this jurat to on unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document This certificate is attached to a document titled/for the purpose of containing pages, and dated Additional information Method of Affiant Identification Proved to me on the basis of satisfactory evidence: Lo form(s) of identification O credible witness(es) Notarial event is detailed in notary journal on: Page # Entry # Notary contact: Other Affiant(s)Thumbprint(s) [?] Describe: r 111- r, - oun ,,4 , oes iwo m e s, iA w3 i i-usui. All nights Reserved, form JUR01. 12/07 Please contact your Authorized Reseller to purchase copies of this form. SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036777 Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006-NC4 Asset-Backed Pass-Through Certificates PLAINTIFF VS. Sally Villarreal and Idelfonso Villarreal DEFENDANTS COURT OF COM CIVIL DIVISION CUMBERLAND i NO:09-8614 PRAECIPE FOR JUDGMENT FOR FAILURE TO AND ASSESSMENT OF DAMAGES Enter Judgment IN REM in the amount of $100,113.94 in fa RED-OI . E 0? THE RR C T H ,? ? CTAP Y 201 MAR 22 P11 2: 421 CU PLEAS of the Plaintiff and against the Defendants, jointly and severally, for failure to file an answerlto Plaintiffs Complaint in Mortgage Foreclosure within 20 days from service thereof and follows and calculated as stated in the Complaint: Principal of Mortgage Debt Due and Unpaid Interest at 9.2% from March 1, 2008 to March 12, 2010(742 days @ $19.92 per diem) Late Charges Escrow Advances Title Search Fees Attorney Fees & Costs of Foreclosure TOTAL BY: ' AND NOW, judgment is entered in favor of the Pl; damages are assessed as above in the sum of $100,113.94. 09-036777 Plaintiffs damages as $79,047.68 $14,780.64 $786.24 $1,297.00 $250.00 $3,952.38 $100,113.94 Leslie J. Rase, Esquire Attorney for Plaintiff it the Defendants and crM '-!?4 3358 04 ?39a?/ SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036777 Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006-NC4 Asset-Backed Pass-Through Certificates PLAINTIFF VS. Sally Villarreal and Idelfonso Villarreal ; DEFENDANT(S) STATE OF: PENNSYLVANIA COURT OF CO] CUMBERLAND 09-8614 COUNTY OF: MONTGOMERY VIT OF NON-MILITARI THE UNDERSIGNED being duly sworn, states that he/she is years and competent to make this affidavit and the following ave information contained in the records of the Plaintiff or servicing agent the above captioned Defendants last known address is as set forth in i not to the best of our knowledge, information or belief, in the Military United States of America or its Allies as defined in the Soldiers and Sa 1940, as amended. SHAPIRO & DENARDO, LLC By: Leslie J. Rase, Esquire Sworn to and subscribed before me this lLr day o ,2010. VVIYIIVi V'f Lf ?, P w i1ISYL.'YAN "' N PLEAS [CE r the age of eighteen vs are based upon the Plaintiff and that caption and they are Naval Service of the 's Civil Relief Act of SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036777 Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006-NC4 Asset-Backed Pass-Through Certificates PLAINTIFF VS. Sally Villarreal and Idelfonso Villarreal DEFENDANTS COURT OF COMM( CIVIL DIVISION CUMBERLAND CO NO: 09-8614 UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Sally Villarreal DATE OF NOTICE: March 2, 2010 You are in default because you have failed to enter a written appearance and file in writing with the court your defenses or objections to the claims set fol you act within ten (10) days from the date of this notice, a Judgment may be ente hearing and you may lose your property or other important rights. You should U lawyer at once. If you do not have a lawyer or cannot afford one, go to or telept to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATT COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED I PURPOSE. PLEAS sonally or by attorney against you. Unless against you without a this notice to a e the following office RE ADVISED 4PTING TO R THAT NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tomado la accion equirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer ust d in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatament . Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o flame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES A T YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT OLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION O TAINED WILL BE USED FOR THAT PURPOSE. ERSONS_ TO WH( Sally Villarreal, 2662 Pyramid Drive, Tracy, CA 95304 Idelfonso Villarreal, 2662 Pyramid Drive, Tracy, CA 95304 r- Christopher A. DeNar o, Esquire Shapiro & DeNardo, L LC Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 DING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036777 Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series ; 2006-NC4 Asset-Backed Pass-Through Certificates PLAINTIFF VS. Sally Villarreal and Idelfonso Villarreal DEFENDANTS COURT OF COMM CIVIL DIVISION CUMBERLAND C NO: 09-8614 )TICE OF INTENTION TO TAKE DEFAUL UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Idelfonso Villarreal DATE OF NOTICE: March 2, 2010 PLEAS UNTY You are in default because you have failed to enter a written appearance and file in writing with the court your defenses or objections to the claims set fo you act within ten (10) days from the date of this notice, a Judgment may be ente hearing and you may lose your property or other important rights. You should U lawyer at once. If you do not have a lawyer or cannot afford one, go to or telept to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOL THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AT] COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED PURPOSE. sonally or by attorney against you. Unless against you without a this notice to a e the following office ARE ADVISED 'EMPTING TO THAT NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tomado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de die (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer us ed in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder biene y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamen e. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en person o Name por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar dond se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES A T YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT OLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION O TAINED WILL BE USED FOR THAT PURPOSE. Sally Villarreal, 2662 Pyramid Drive, Tracy, CA 95304 Idelfonso Villarreal, 2662 Pyramid Drive, Tracy, CA 95304 Christopher A. DeNar o, Esquire Shapiro & DeNardo, LC Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036777 Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series ; 2006-NC4 Asset-Backed Pass-Through Certificates ; PLAINTIFF VS. Sally Villarreal and Idelfonso Villarreal DEFENDANTS MAILING COURT OF COMM N PLEAS CIVIL DIVISION CUMBERLAND C UNTY NO: 09-8614 nTICE UNDER RULE 237.1 The undersigned hereby certifies that a Written Notice of Intenti n to File a Praecipe for the Entry of Default Judgment was mailed to the defendant (s) and t his, her, their attorney of record, if any, after the default occurred and at least (10) da s prior to the date of the filing of the Praecipe. Said Notice was sent on the date set forth in e copy of said Notice attached hereto, March 2, 2010 to the following Defendants: Sally Villarreal, 2662 Pyramid Drive, Tracy, CA 95304 Idelfonso Villarreal, 2662 Pyramid Drive, Tracy, CA 95304 Sheena C. Mayer, Le to Christopher A. De Shapiro & DeNardo, al Assistant I ardo, Esquire for SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I. D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036777 Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006-NC4 Asset-Backed Pass-Through Certificates PLAINTIFF ; VS. Sally Villarreal and Idelfonso Villarreal DEFENDANTS COURT OF COM CIVIL DIVISION CUMBERLAND 1 NO:09-8614 CERTIFICATE OF SERVICE I, Leslie J. Rase, Esquire, Attorney for the Plaintiff, hereby first class mail, postage prepaid, true and correct copies of the following person(s) or their attorney of record: Sally Villarreal, 2662 Pyramid Drive, Tracy, CA 95304 Idelfonso Villarreal, 2662 Pyramid Drive, Tracy, CA 95304 Date Mailed: , 017 BY: Leslie J. Rase, Esquire Attorney for Plaintiff SHAPIRO & DeNARDO, PLEAS that I have served by papers upon the SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036777 Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series ; 2006-NC4 Asset-Backed Pass-Through Certificates PLAINTIFF ; VS. Sally Villarreal and Idelfonso Villarreal DEFENDANTS COURT OF COMM CIVIL DIVISION CUMBERLAND C( NO:09-8614 CERTIFICATION OF ADDRESS PLEAS I hereby certify that the correct address of the judgment creditor (F Iaintiff) is: Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, eries 2006-NC4 Asset-Backed Pass-Through Certificates 1610 E. St. Andrew Pl.#B150 Santa Ana, CA 92705 and that the last known addresses of the judgment debtors (Defendants) Sally Villarreal 2662 Pyramid Drive Tracy, CA 95304 Idelfonso Villarreal 2662 Pyramid Drive Tracy, CA 95304 BY: SHAPIRO & DeN Leslie J. Rase, Esquire Attorney for Plaintiff 09-036777 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Prothonotary TO: Sally Villarreal 2662 Pyramid Drive Tracy, CA 95304 Wells Fargo Bank, N.A., as Trustee for COURT OF COM Carrington Mortgage Loan Trust, Series 2006- CIVIL DIVISION NC4 Asset-Backed Pass-Through Certificates CUMBERLAND PLAINTIFF VS. NO: 09-8614 Sally Villarreal and Idelfonso Villarreal DEFENDANTS NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hi Judgment has been entered against you in the abQve proceeding as indi Prothonotary [XX] Judgment by Default [ ] Judgment for Possession 32°1110 [ ] Judgment on Award of Arbitration ] Judgment on Verdict [ ] Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, ATTORNEY LESLIE J. RASE, ESQUIRE AT (610)278-6800. PLEAS notified that a below. SE CALL: OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Prothonotary TO: Idelfonso Villarreal 2662 Pyramid Drive Tracy, CA 95304 Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006- NC4 Asset-Backed Pass-Through Certificates PLAINTIFF VS. Sally Villarreal and Idelfonso Villarreal DEFENDANTS COURT OF COMMI CIVIL DIVISION CUMBERLAND COI NO: 09-8614 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are Judgment has been entered against you in the above proceeding as ir, onotary [XX] Judgment by Default [ ] Judgment for Possession 3/0 [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, ATTORNEY LESLIE J. RASE, ESQUIRE AT (610)278-6800. PLEAS notified that a below. E CALL: IN THE COURT OF COMMON PLEAS OF CUMBERLAND CC CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006-NC4 Asset-Backed Pass-Through Certificates PLAINTIFF vs. Sally Villarreal and Idelfonso Villarreal DEFENDANT(S) TO THE PROTHONOTARY OF THE SAID COURT: () Confessed Jud; () Other File No. Amount Due $10( Interest March 13 2010 is $4,542.12 Atty's Comm Costs N C 'J 21 X The undersigned hereby certifies that the below does not arise out of a retail installment safe, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, f?r debt, interest and costs, upon the following described property of the defendant(s) , PENNSYLVANIA PRAECIPE FOR ATTACHEMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, int rest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens defendant(s described in the attached exhibit. Date: I 01 Signature: C-S) Print Name: es 4a'F.op Pn AT•M 'b4.40 C6F 91.00 14. oo ,. a•so .al. 40 - Pb ATrf real estate of the Address: 3600 Horizon rive, Suite 150 King of Prussi , PA 19406 Attorney for: Plaintiff Supreme Court ID # PA Bar c4f 343358 *a.or, owco Q+0 01 39a(0 1 5D t1.. _k. E Gl>-if-IS.? 58365 SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I. D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036777 Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006-NC4 Asset-Backed Pass-Through ; Certificates PLAINTIFF VS. Sally Villarreal and Idelfonso Villarreal DEFENDANTS RLED-ORCE OF THE P?^ H_1' TIARY 2010 ,P,IR 22 Pil 2: 21 Clu COURT OF COMM CIVIL DIVISION CUMBERLAND CC NO: 09-8614 PLEAS UNTY AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage NC4 Asset-Backed Pass-Through Certificates, Plaintiff in the above date the praecipe for the writ of execution was filed, the following in real property located at 551 Lowther Street, Lemoyne, PA 17043. Name and address of Owner(s) or Reputed Owner(s) Sally Villarreal 2662 Pyramid Drive Tracy, CA 95304 Idelfonso Villarreal 2662 Pyramid Drive Tracy, CA 95304 2. Name and address of Defendants in the judgment: Sally Villarreal 2662 Pyramid Drive Tracy, CA 95304 Trust, Series 2006- 1, sets forth, as of the ition concerning the Idelfonso Villarreal 2662 Pyramid Drive Tracy, CA 95304 3 4. 5 6 7 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loa Trust, Series 2006- NC4 Asset-Backed Pass-Through Certificates 1610 E. St. Andrew Pl.#B 150 Santa Ana, CA 92705 Name and address of the last recorded holder of every mortgage o?record: Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006- NC4 Asset-Backed Pass-Through Certificates, Plaintiff 1610 E. St. Andrew Pl.#B 150 Santa Ana, CA 92705 Name and address of every other person who has any record lien oo the property: NONE Name and address of every other person who has any record whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 Name and address of every other person of whom the plaintiff has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 551 Lowther Street Lemoyne, PA 17043 I verify that the statements made in this affidavit are true and personal knowledge or information and belief. I understand that made subject to the penalties of 18 Pa. C.S. Section 4904 relating to authorities. BY: SHAPIRO & DeNARDO, Leslie use, Esquire in the property and ledge who has to the best of my statements herein are falsification to 09-036777 SHAPIRO & DeNARDO, LLC OF 7? OTAP BY: LESLIE J. RASE, ESQUIRE ZO T KA!, ?. ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036777 Wells Fargo Bank, N.A., as Trustee for COURT OF COMM N PLEAS Carrington Mortgage Loan Trust, Series CIVIL DIVISION 2006-NC4 Asset-Backed Pass-Through CUMBERLAND CO UNTY Certificates PLAINTIFF NO: 09-8614 VS. Sally Villarreal and Idelfonso Villarreal DEFENDANTS NOTICE OF SHERIFF' S SALE OF REAL PROPE RTY TO: Sally Villarreal 2662 Pyramid Drive Tracy, CA 95304 Your house (real estate) at: 551 Lowther Street, Lemoyne, PA 17043 12-22-0822-169 is scheduled to be sold at Sheriffs Sale on September 8, 2010 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at l O:OOAM to enforce the court judgment of $100,113.94 obtained by Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006-NC4 Asset-Backed Pass-Through Certificates against you. NOTICE OF OWNER'S RIGHTS To prevent this Sheriffs Sale you must take immediate action: S SALE The sale will be cancelled if you pay back to Wells Fargo Bank, .A., as Trustee for Carrington Mortgage Loan Trust, Series 2006-NC4 Asset-Backed Pass-Through Certificates the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610)278-6800. 2. You may be able to stop the sale by filing a petition asking the Co judgment, if the judgment was improperly entered. You may also postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. art to strike or open the ask the Court to 4. You may need an attorney to assert your rights. The sooner you c ntact one, the more chance you will have of stopping the sale. (See notice on page tw of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 5. If the Sheriffs Sale is not stopped, your property will be sold to t highest bidder. You may find out the price bid by calling (610)278-6800. 6. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 7. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 8. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 9. You have a right to remain in the property until the full amount d 4e is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer ay bring legal proceedings to evict you. 10. You may be entitled to a share of the money, which was paid for our house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with th Sheriff within ten (10) days after the date of filing of said schedule. 11. You may also have other rights and defenses or ways of getting y ur house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER T ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, O TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTIC S ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION BTAINED WILL BE USED FOR THAT PURPOSE. 09-036777 ALL THAT CERTAIN tract or parcel of land situate in the Borough of L Cumberland, Commonwealth of Pennsylvania, more particularly boundo according to a survey of D.P. Raffensperger, dated May 21, 1957, as folly BEGINNING at a point on the northern line of Lowther Street, three hun feet East of the Northeast corner of the intersection of Lowther Street an( being at the dividing line between Lots Nos. 15 and 16, Section "A" of th Plan of Lots ; thence northwestwardly along said dividing line and at rigl Street, one hundred five (105) feet to a point at the dividing line between Section "A" on said Plan; thence eastwardly along the same, sixty (60) fe dividing line between Lots Nos. 14 and 15, Section "A" on said Plan; the along the same and at right angles to Lowther Street; one hundred five (1 the northerly line of Lowther Street; thence in a westerly direction along to a point, the place of BEGINNING. BEING Lot No. 15, Section "A" of Waldon Terrace, said Plan recorded i Cumberland County records. moyne, County of and described red twenty-five (325) Seventh Street, also hereinafter mentioned angles to Lowther Lots Nos. 24 and 15, :t to a point at the ce southeastwardly )5) feet to a point on he same, sixty (60) feet Plan Book 4, Page 99, HAVING THEREON erected a one-story dwelling house known as #551 BEING THE SAME PREMISES which Jose M. Trejo, Jr. and Monica A. Deed dated June 30, 2006 and recorded July 12, 2006, in the Office for th and for the County of Cumberland, in Deed Book 275 Page 3040, grantec Sally Villarreal and Idelfonso Villarreal, husband and wife, in fee. Lowther Street. Trejo, his wife, by Recorder of Deeds in and conveyed unto SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036777 Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006-NC4 Asset-Backed Pass-Through Certificates PLAINTIFF VS. Sally Villarreal and Idelfonso Villarreal DEFENDANTS COURT OF COM CIVIL DIVISION CUMBERLAND NO: 09-8614 521?rNOTAFY 22 PjJ 2: 22 PLEAS TO: Idelfonso Villarreal 2662 Pyramid Drive Tracy, CA 95304 Your house (real estate) at: 551 Lowther Street, Lemoyne, PA 17043 12-22-0822-169 is scheduled to be sold at Sheriffs Sale on September 8, 2010 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00AM to enforce the court judgment of $100,113.94 obtained by W lls Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006-NC4 Asset-B cked Pass-Through Certificates against you. NOTICE OF OWNER'S RIGHTS To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to Wells Fargo Bank, N. ., as Trustee for Carrington Mortgage Loan Trust, Series 2006-NC4 Asset-Backed ass-Through Certificates the amount of the judgment plus costs or the back pa ents, late charges, costs, and reasonable attorneys fees due. To find out how much yo must pay, you may call: (610)278-6800. 2. You may be able to stop the sale by filing a petition asking the Co to strike or open the judgment, if the judgment was improperly entered. You may also sk the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page tw of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY ND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES AKE PLACE. 5. If the Sheriffs Sale is not stopped, your property will be sold to th highest bidder. You may find out the price bid by calling (610)278-6800. 6. You may be able to petition the Court to set aside the sale if the bi price was grossly inadequate compared to the value of your property. 7. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 8. If the amount due from the buyer is not paid to the Sheriff, you wi 1 remain the owner of the property as if the sale never happened. 9. You have a right to remain in the property until the full amount du is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer ay bring legal proceedings to evict you. 10. You may be entitled to a share of the money, which was paid for y ur house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff Sale. This schedule will state who wil be receiving the money. The money will be paid out in accordance with this sched le unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 11. You may also have other rights and defenses or ways of getting yo r house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER A ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, O TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OU WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTIC ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION USED FOR THAT PURPOSE. 09-036777 S ACT YOU ARE EBT COLLECTOR STAINED WILL BE ALL THAT CERTAIN tract or parcel of land situate in the Borough of L Cumberland, Commonwealth of Pennsylvania, more particularly bounder according to a survey of D.P. Raffensperger, dated May 21, 1957, as folly BEGINNING at a point on the northern line of Lowther Street, three hun feet East of the Northeast corner of the intersection of Lowther Street an( being at the dividing line between Lots Nos. 15 and 16, Section "A" of th Plan of Lots ; thence northwestwardly along said dividing line and at rigl Street, one hundred five (105) feet to a point at the dividing line between Section "A" on said Plan; thence eastwardly along the same, sixty (60) fe dividing line between Lots Nos. 14 and 15, Section "A" on said Plan; the along the same and at right angles to Lowther Street; one hundred five (1 the northerly line of Lowther Street; thence in a westerly direction along to a point, the place of BEGINNING. BEING Lot No. 15, Section "A" of Waldon Terrace, said Plan recorded i Cumberland County records. HAVING THEREON erected a one-story dwelling house known as #551 moyne, County of and described red twenty-five (325) Seventh Street, also hereinafter mentioned angles to Lowther Lots Nos. 24 and 15, t to a point at the ce southeastwardly i5) feet to a point on he same, sixty (60) feet Plan Book 4, Page 99, Street. BEING THE SAME PREMISES which Jose M. Trejo, Jr. and Monica A. Deed dated June 30, 2006 and recorded July 12, 2006, in the Office for th and for the County of Cumberland, in Deed Book 275 Page 3040, granted Sally Villarreal and Idelfonso Villarreal, husband and wife, in fee. [Tejo, his wife, by Recorder of Deeds in end conveyed unto WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., as' CARRINGTON MORTGAGE LOAN TRUST, SERIES 2006-NC4 ASSET-BA NO 09-8614 Civil CIVIL ACTION - LAW THROUGH CERTIFICATES, Plaintiff (s) From SALLY VILLARREAL and IDELFONSO VILLARREAL (1) You are directed to levy upon the property of the defendant (s)and to sell DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garn paying any debt to or for the account of the defendant (s) and from delivering any (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is fol of anyone other than a named garnishee, you are directed to notify him/her that ht garnishee and is enjoined as above stated. Amount Due $100,113.94 Trustee for CKED PASS- SEE LEGAL in the possession ee(s) is enjoined from operty of the defendant 1 in the possession ie has been added as a L.L.$.50 Interest from 3113110 to 9/8/10 -- $4,542.12 Atty's Comm % Atty Paid $221.90 Plaintiff Paid Date: 3/22/10 (Seal) Due Prothy $2.00 Other Costs aL-4-u-? David D. Buell, Prothonotary By: Deputy REQUESTING PARTY: Name: LESLIE J. RASE, ESQUIRE Address: SHAPIRO & DeNARDO, LLC 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 58365 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A., AS TRUSTEE FOR CARRINGTON MORTGAGE LOAN TRUST, SERIES 2006-NC4 ASSET-BACKED PASS- THROUGH CERTIFICATES; et seq. Plaintiff (Petitioner) V. SALLY VILLARREAL ; et &I. Defendant (Respondent) CASE and/or DOCKET No.: 09-8614 Sheriffs Sale Date: AFFIDAVIT OF SERVICE ni nc NO C . 6? Ri ECom laint ? mmons DOther: I> it 1 certify that I am eighteen years of age or older and I not a partg to the ction nor an employee nor relative of ayV and?t rat 4erved and made known to the person served, SALLY VILLARREAL ; et al. the above process on the I7 day of -? 201 at o'clock, Y M, at 2662 PYRAMID DRIVE TRACY, CA 95304 r Manner of Service: By handing a copy to: ( An officer, partner, trustee, or registered agent of the Defendant organization who is not a plaintiff in the action* [ The manager, clerk, or other person for the time being in charge of a regular place of business or activity of the Defendant organization who is not a plaintiff in the action f-? An agent authorized by the Defendant organization in writing to receive service of process for it who is not a plaintiff in the action (' By handing a copy to the Defendant(s) By handing a copy at the residence of the Defendant(s) to an adult member of the family with whom he/she resides or to the adult person in charge of the residence because no adult family member was found * By handing a copy at the residence of the Defendant(s) to the clerk or manager of the hotel, inn, apartment house or other place of lodging at which he/she resides _j By handing a copy at the office or usual place of business of the Defendant(s) to the Defendant's(s') agent or to the person for the time being in charge thereof By posting a copy of the original process on the most public part of the property pursuant to an order of court * Name: ?O-S? 1 1&YiAA' Relationshi p/Title/Position: Remarks: Description: Approximate Age t 1\ Height Weigh Race Sex Hair Defendant was not served because: (l; Moved 71Unknown ( 1 No Answer 7 Vacant Other: Service was attempted on the following dates/times: 1) Commonwealth of Pennsylvania I County of Cumberland Before me, the undersigned notary public, this day, personally, appeared deposes the following: SS: I hereby swear or affirm that the facts set forth in the foregoing Affidavit of Service are true and correct. (Signature of Affiant) File Number: 09-036777 lr? AINA fNULLAN K11AF1CM?MY Z Notary Publiicc? California o Merced County Comm. Pv ' - L' 2 2013 2) 3) State of California, County Subscribed and swg_m toj; to me known, who being duly sworn according to law, affirmed) before me on thisZ?t day of, 20_LV ?_, proved to me on the basis of satisfactory evidence to be State of California County of MERCED Subscribed and sworn to (or affirmed) before me on this 28TH day of APRIL , 2010 , by TAHIR BATH proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. AMA WAI AH KHAN CHDUDHRY ft MM. #1842425 z Z m y Public - California o Merced County . Ex ' s Mar. 28, 2013+ (Seal) Signature 14 0 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A., AS TRUSTEE FOR CARRINGTON MORTGAGE LOAN TRUST, SERIES 2006-NC4 ASSET-BACKED PASS- THROUGH CERTIFICATES; et seq. Plaintiff (Petitioner) V. SALLY VILLARREAL ; et al. Defendant (Respondent) AFFIDAVIT OF SERVICE CASE and/or DOCKET No.: 09-8614 Sheriffs Sale Date: D'sc faint 'Sammons R10ther: h ` if - certify that I am eighteen years of age or older and that I am n 9t a party to action nor an employee nor rel tive of a party , and served made known to the person served, IDELFONSO VILLARREAL ; et al. the above process on the day of 20, at "j_ o'clockM, at 2662 PYRAMID DRIVE TRACY, CA 95304 Manner of Service: By handing a copy to: An officer, partner, trustee, or registered agent of the Defendant organization who is not a plaintiff in the action* The manager, clerk, or other person for the time being in charge of a regular place of business or activity of the Defendant organization who is not a plaintiff in the action n An agent authorized by the Defendant organization in writing to receive service of process for it who is not a plaintiff in the action F-1 By handing a copy to the Defendant(s) By handing a copy at the residence of the Defendant(s) to an adult member of the family with whom he/she resides or to the adult person in charge of the residence because no adult family member was found * By handing a copy at the residence of the Defendant(s) to the clerk or manager of the hotel, inn, apartment house or other place of lodging at which he/she resides [ By handing a copy at the office or usual place of business of the Defendant(s) to the Defendant's(s') agent or to the person for the time being in charge thereof F- By posting a copy of the original process on the most public part of the property pursuant to an order of court * Name: -d" my) ' t M", ` , / khLW 100 (y) 4v Remarks: Description: Approximate Age Heig Defendant was not served because: 7 Moved Other: Weight0t1y Race Sex 1 V1_ Hair Unknown r INo Answer Service was attempted on the following dates/times: 3) 1) 2) Commonwealth of Pennsylvania ) SS: County of Cumberland ) Before me, the undersigned notary public, this day, personally, appeared deposes the following: to me known, who being duly sworn according to law, I hereby swear or affirm that the facts set forth in the foregoing Affidavit of Service are true and correct. State of California, County Of (Signature of Affiant) Subscribed and swom to (or affirmed) before me on this lay of , 20tt File Number.09-036777 bY??the person(s) before me proved to me on the basis of satisfactory evidence to be . MM. #1$42425 z €(Seal) z s,? NQIjwy Public California Merced County j Fvrumc ' Mar. 28, 2013 (Signature) State of California County of MERCED Subscribed and sworn to (or affirmed) before me on this 28TH day of APRIL , 2010 , by TAHIR BATH proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. NMAWWU AM KHAN 696W-[ COMM. #1842425 z ?? Notary Public - California o z Merced County Comm. Expires Mar. 28, 2013 (Seal) Signature. SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036777 Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006-NC4 Asset-Backed Pass-Through Certificates PLAINTIFF VS. Sally Villarreal and Idelfonso Villarreal DEFENDANTS aoto Mr ao PM O'S41 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:09-8614 CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO PA R.C.P 3129.2 (C) (2) I, Lisa Kosik, Legal Assistant for Shapiro & DeNardo, LLC, attorneys for the Plaintiff, Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006-NC4 Asset-Backed Pass-Through Certificates, hereby certify that Notice of Sale was served on all persons appearing on Exhibit "A" attached hereto, by United States mail, first class, postage prepaid, with Certificates of Mailing on June 21, 2010, the originals of which are attached and that each of said persons appears on Plaintiff s Affidavit pursuant to Pa. R.C.P. 3129.1. The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, SHAPIRO & DeNARDO, LLC BY: o 40 Lisa Kosik Legal Assistant 09-036777 W b 'n N N m ? a ? K 3 ? m rn -n c 0 N aG O N N m co n 6 O ? m ? v ?1 m o ? m W N m 'O G n K N m m O 3 A N w Co firmation D ivery firm Sivatur Co", h] ' ? ro. ?O b.N R y r = O b ? p d a ? Y ? 0 0 ?' o a Ch t?D z v 00000 O ? '?" r O ? fD N N '7? f6 O ? 0. 0 0 D, C ooo? o SD D tv a ro oo. o m ? O N ? U p1 ?CD f Ni7f 0 o U fj S> ? (z - n cO ; SHERIFF'S OFFICE OF CUMBERLAND COUNTY Sheriff R Anderson ~ ~~, T~~ f ~Q ~~°~ ~~ ~~~ ` ~a~,~~tr o'C ~'~i+rrbrrf~A ~ ChaefDepruty ~, ;~ ~ ~ ~Q~~ ~~~' 4 ~ ~~~ 1 Richard W Stewart - ~J~~F~~,~¢~~ ~~~~~.~ Soricitor ~F~~~-Es~r ~_•ER~~~ ~'~Mf~dSYL,~~~~~lA, Wells Fargo Bank, N.A., Case Number vs. Sally Villarreal (et al.) 2009-8614 SHERIFF'S RETURN OF SERVICE 06/24/2010 11:44 AM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 6-24-2010 at 1140 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Sally & Idelfonso Villarreal, located at, 551 Lowther Street, Lemoyne, Cumberland County, Pennsylvania according to law. 09/09/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on 9/8/10 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Leslie Rase on behalf of Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006-NC4 Asset -Backed Pass-Through Certificates, 1610 E. St Andrews Place, Santa Ana, CA 92705, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 910.68 SHERIFF COST: $910.68 October 11, 2010 SO ANSWERS, q~/ ~/~ RON R ANDERSON, SHERIFF ~,o© pd - ~o- _ .S~ ~-P~" ~~ 7~G~ ~~`~ y9~ 9 (c} Coun!ySuite Shenff, T'eleosoft. Inc. J. SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036777 Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006-NC4 Asset-Backed Pass-Through Certificates PLAINTIFF ; VS. ' COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-8614 Sally Villarreal and Idelfonso Villarreal ; DEFENDANTS AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006- NC4 Asset-Backed Pass-Through Certificates, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 551 Lowther Street, Lemoyne, PA 17043. 1. Name and address of Owner(s) or Reputed Owner(s) Sally Villarreal 2662 Pyramid Drive Tracy, CA 95304 Idelfonso Villarreal 2662 Pyramid Drive Tracy, CA 95304 2. Name and address of Defendants in the judgment: Sally Villarreal 2662 Pyramid Drive Tracy, CA 95304 Idelfonso Villarreal 2662 Pyramid Drive Tracy, CA 95304 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006- NC4 Asset-Backed Pass-Through Certificates 1610 E. St. Andrew Pl.#B 150 Santa Ana, CA 92705 4. Name and address of the last recorded holder of every mortgage of record: Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006- NC4 Asset-Backed Pass-Through Certificates, Plaintiff 1610 E. St. Andrew Pl.#B 150 Santa Ana, CA 92705 5. Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale: TENANT OR OCCUPANT 551 Lowther Street Lemoyne, PA 17043 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SHAPIRO & DeNARDO, LLC BY: Leslie ase, Esquire 09-036777 SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar #~ 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036777 Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006-NC4 Asset-Backed Pass-Through Certificates PLAINTIFF ; VS. ' Sally Villarreal and Idelfonso Villarreal DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-8614 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Sally Villarreal 2662 Pyramid Drive Tracy, CA 95304 Your house (real estate) at: 551 Lowther Street, Lemoyne, PA 17043 12-22-0822-169 is scheduled to be sold at Sheriffs Sale on September 8, 2010 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at l O:OOAM to enforce the court judgment of $100,113.94 obtained by Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006-NC4 Asset-Backed Pass-Through Certificates against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006-NC4 Asset-Backed Pass-Through Certificates the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call:(610)278-6800. 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You maybe able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 5. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610)278-6800. 6. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 7. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may ca11717-240-6390. 8,. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 9. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 10. You maybe entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 11. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL .HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR TI~AT PURPOSE. 09-036777 ALL THAT CERTAIN tract or parcel of land situate in the Borough of Lemoyne, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described according to a survey of D.P. Raffensperger, dated May 21, 1957, as follows: BEGINNING at a point on the northern line of Lowther Street, three hundred twenty-five (325) feet East of the Northeast corner of the intersection of Lowther Street and Seventh Street, also being at the dividing line between Lots Nos. 15 and 16, Section "A" of the hereinafter mentioned Plan of Lots ;thence northwestwardly along said dividing line and at right angles to Lowther Street, one hundred five (105) feet to a point at the dividing line between Lots Nos. 24 and 15, Section "A" on said Plan; thence eastwardly along the same, sixty (60) feet to a point at the dividing line between Lots Nos. 14 and 15, Section "A" on said Plan; thence southeastwardly along the same and at right angles to Lowther Street; one hundred five (105) feet to a point on the northerly line of Lowther Street; thence in a westerly direction along the same, sixty (60) feet to a point, the place of BEGINNING. BEING Lot No. 15, Section "A" of Waldon Terrace, said Plan recorded in Plan Book 4, Page 99, Cumberland County records. HAVING THEREON erected aone-story dwelling house known as #551 Lowther Street. BEING THE SAME PREMISES which Jose M. Trejo, Jr. and Monica A. Trejo, his wife, by Deed dated June 30, 2006 and recorded July 12, 2006, in the Office for the Recorder of Deeds in and for the County of Cumberland, in Deed Book 275 Page 3040, granted and conveyed unto Sally Villarreal and Idelfonso Villarreal, husband and wife, in fee. SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar ~# 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036777 Wells Fazgo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series ; 2006-NC4 Asset-Backed Pass-Through Certificates ; PLAINTIFF VS. ; Sally Villarreal and Idelfonso Villarreal ; DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-8614 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Idelfonso Villarreal 2662 Pyramid Drive Tracy, CA 95304 Your house (real estate) at: 551 Lowther Street, Lemoyne, PA 17043 12-22-0822-169 is scheduled to be sold at Sheriffs Sale on September 8, 2010 at: Cumberland County Sheriffs Office 1 Courthouse Square Cazlisle, PA 17013 at l O:OOAM to enforce the court judgment of $100,113.94 obtained by Wells Fazgo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006-NC4 Asset-Backed Pass-Through Certificates against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be cancelled if you pay back to Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006-NC4 Asset-Backed Pass-Through Certificates the amount of the judgment plus costs or the back payments, late chazges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call:(610)278-6800. 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You maybe able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 5. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610)278-6800. 6. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 7. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may ca11717-240-6390. 8. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 9. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 10. You maybe entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 11. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 09-036777 ALL THAT CERTAIN tract or parcel of land situate in the Borough of Lemoyne, County of Cumberland, Commonwealth of Pennsylvania, more particulazly bounded and described according to a survey of D.P. Raffensperger, dated May 21, 1957, as follows: BEGINNING at a point on the northern line of Lowther Street, three hundred twenty-five (325) feet East of the Northeast corner of the intersection of Lowther Street and Seventh Street, also being at the dividing line between Lots Nos. 15 and 16, Section "A" of the hereinafter mentioned Plan of Lots ;thence northwestwazdly along said dividing line and at right angles to Lowther Street, one hundred five (105) feet to a point at the dividing line between Lots Nos. 24 and 15, Section "A" on said Plan; thence eastwazdly along the same, sixty (60) feet to a point at the dividing line between Lots Nos. 14 and 15, Section "A" on said Plan; thence southeastwazdly along the same and at right angles to Lowther Street; one hundred five (105) feet to a point on the northerly line of Lowther Street; thence in a westerly direction along the same, sixty (60) feet to a point, the place of BEGINNING. BEING Lot No. 15, Section "A" of Waldon Terrace, said Plan recorded in Plan Book 4, Page 99, Cumberland County records. HAVING THEREON erected aone-story dwelling house known as #551 Lowther Street. BEING THE SAME PREMISES which Jose M. Trejo, Jr. and Monica A. Trejo, his wife, by Deed dated June 30, 2006 and recorded July 12, 2006, in the Office for the Recorder of Deeds in and for the County of Cumberland, in Deed Book 275 Page 3040, granted and conveyed unto Sally Villarreal and Idelfonso Villarreal, husband and wife, in fee. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-8614 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., as Trustee for CARRINGTON MORTGAGE LOAN TRUST, SERIES 2006-NC4 ASSET-BACKED PASS- THROUGH CERTIFICATES, Plaintiff (s) From SALLY VILLARREAL and IDELFONSO VILLARREAL (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 $100,113.94 Interest from 3/13/10 to 9/8/10 -- $4,542.12 Atty's Comm Atty Paid. $221.90 Plaintiff.Paid Date: 3!22/10 (Seat) REQUESTING PARTY: Name: LESLIE J. RASE, ESQUIRE Address: SHAPIRO & DeNARDO, LLC 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 58365 L.L.$.50 Due Prothy $2.00 Other Costs 7 C~/ David D. Buell, Prothonotary By: Deputy On June 14, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, PA, Known and numbered as, 551 Lowther Street, Lemoyne, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Dater June 14, 2010 By: T ^^ Real Estate Coordinator S I ~ 11 rr' h Z ~`~~ OIOZ ~~ i y r .. ' ,..,f _... _. ,tl~,~,~~ _` i PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Cazlisle 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 regulazly 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: July 16, July 23, and July 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. --.___ isa Marie Coyne ditor SWORN TO AND SUBSCRIBED before me this 30 of July. ZO10 e~ Notary NOTARIAL SEAL DEBORAH A COLLINS Npuryr Public ARLISLE BOROUtiH, CUMBERLAND COUNTY My ComrMesfon Expires Apr 29, 2014 Rslt ]ice. 900-36;14 Cl~i'1 Wells Fargo Bank, N.A., as Trustee for SABR 2004-OPl Mortgage Pasa Through Certificates, Series 2004-OPl vs. Sally Villarreal Idelfonso Villarreal Atty.: Leslie J. Rase ALL THAT CERTAIN tract or par- cel o[ land dtuate in the Borough of -Lemoyne, County of Cumberland, Commonwealth of Pennsylvania, maa~e particularly bounded and de- scribed according to a survey of D.P. Raffensperger, dated May 21, 1957, as follows: BEGINNING at a point on the northern line of Lowther Street, three hundred twenty-five (325) feet East of the Northeast corner of the intersec- tion of Lowther Street and Seventh Street, also being at the dividing line between Lots Nos. 15 and 16, Sec- tion "A" of the hereinafter mentioned Plan of Lota ; thence northweatwardly along said dividing line and at right angles to Lowther Street, one hun- dred five (105) feet to a point at the dividing line between Lots Nos. 24 and 15, Section "A" on said Plan; thence eastwardly along the same, sixty (60) feet to a point at the divid- ing line between Lots Nos. 14 and 15, Section "A" on said Plan; thence southeastwardlyabng the same and at right angles to Lowther Street; one hundred five (105) feet to a point on the northerly line of Lowther Street; thence in a westerly direction along the same, sixty (60) feet to a point, the place of BEGINNING. BEING Lot No. 15, Section "A" of Weldon Terrace, said Plan recorded in Plan Book 4, Page 99, Cumberland County records. HAVING THEREON erected aone- story dwelling house known as #551 Lowther Street. BEING THE SAME PREMISES which Jose M. Trejo, Jr. and Monica A. Trejo, his wife, by Deed dated June 30, 2006 and recorded July 12, 2006, in the OtIice for the Recorder of Deeds in and for the County of Cumberland, in Deed Book 275 Page 3040, granted and conveyed unto Sally Villarreal ~~, ,,,,~,,,,,,p,,,;w,"~,and Idelfonao Villarreal, husband A:iC land wife, in fee. ~" tti Y~'t~~.ii:3" t~;..tF?38Mt):? ;irJU.lrs'c. ~4i.1- ~~ ~. ,~,, The Patriot-News Co. 2020 Technology Pkwy Suite 300 ' Mechanicsburg, PA '17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ~e~latriot-News NOw you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, 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 SeptE:mber 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: ~, 07/09/10 07/16/10 07/23/10 Sworn to,arid bscribed before me tt~ 5 day~Ay,gust, 2010 A.D. Notary Public COMMONw~AL7`N of PENlVSYIt~A~!IA NotaMal Seal Sherrie L. Klsner, Notaey pubpt Lower Paxton Twp., Dauphin County My Commission Expires Nov. 26, 2011 ----__. Mernbzc• Pc~nns,~!va~~fu ~ssociatiran of Notaries Writ No. 2009-8614 Civil Term Weld Fargo l3ank, N.A., as Trustee for SABR 2004-0P1 Mortgage Pass Through Certificates, Series 2004-0P1 Ys Sally ~Ilarreal Idslfonso ~Ilarreai Arty: Leslie J Rase. ALL THAT CERTAIN tract or parcel of land situate in the Borough of Lemoyne, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described according to a survey of D.P. Raffensperger, dated May 21,1957, as follows: BEGINNING at a point on the northern Gne of Lowther Street, three hundredtwenty-five (325) feet East of the Northeast corner of the intersecti on of Lowther Street and Seventh Street, also being at the dividing line between Lots Nos. IS and 16, Section "A" of the hereinafter mentioned Plan of Lots ;thence northwestwazdly along said dividing line and at right angles to Lowther Street, one bandied five (105) feet to a point at the dividing line between Lots Nos. 24 and 15, Section "A" on said Plan; thence eastwardly along the same, sixty (b0) feet to a point at the dividing line between Lots Nos. 14 and 15, Section "A" on said Plan; thence southeastwardly along the same and at right angles to Lowther Street; one hundred five (105) feet to a paint on the northerly line of tiowther Street; thence in a westerly direction along the same, sixty (60) feet to a point, the place of BEGINNING. BEING Lot No. 15, Section "A" of Waldon Terrace, said Plan recorded in Plan Book 4, Page 99, Cumberland County rewtds. HAVIlVG THEREON erected aone-story . dwelling house known as #551 Lowther Street. BEING THE SAME PREMISES which Jose M. Trejo, Jt. and Monica A. Ttejo, his wife, by Deed dated June 30, 2006 and recorded July 12, 2006, in the Office for the Recorder of Deeds in and for the County of Cumberland, in Deed Bodk 215 Page 3040, granted and conveyed unto Sally Villarreal and Idelfonso Villarreal, husband and wife, in fee. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Carrington Mortgage Ln Tr Series 2006-NC4, Tr is the grantee the same having been sold to said grantee on the 8th day of September A.D., 2010, under and by virtue of a writ Execution issued on the 22nd day of March, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 8614, at the suit of Carrington Mortgage Ln Tr Series 2006- NC4, Tr against Sally & Idelfonso Villarreal is duly recorded as Instrument Number 201029362. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~ ~7 day of ` U Recorder~of Deeds Recorder at Deeda,l~nbe~end l~dnlp, t Pit -'... My Commission Expires Ihs f rst Alor~ of Jan. 2D1~