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HomeMy WebLinkAbout04-2579 . LAW OFFICES OF GREGORY JA V ARDlAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff LASALLE BANK, N.A., FIKJA LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED 12/0111999, SERIES 1999-4 909 HIDDEN RIDGE DRNE, SillTE 200 IRVING, TEXAS 75038 PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 04 -)..579 C,'uiC 't~ COMPLAINT IN MORTGAGE FORECLOSURE VS. CHADD. LEFORTE 15 COLD SPRINGS ROAD CARLISLE, PA 17013 DEFENDANT 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 defense 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 NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 52 S. Bedford Street Carlisle, P A 17013 717-249-3166 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C S 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. LAW OFFICES OF GREGORY JA V ARDIAN BY: GREGORY JA V ARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff LASALLE BANK, N.A., F/KJA LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED 12/01/1999, SERIES 1999-4 909 HIDDEN RIDGE DRNE, SUITE 200 IRVING, TEXAS 75038 PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. COMPLAINT IN MORTGAGE FORECLOSURE VS. CHAD D. LEFORTE 15 COLD SPRINGS ROAD CARLISLE, P A 17013 DEFENDANT CIVIL ACTION MORTGAGE FORECLOSURE 1. LaSalle Bank, N.A., fi'k/a LaSalle National Bank, as trustee under the Pooling and Servicing Agreement dated 12/01/1999, Series 1999-4, (hereinafter referred to as "Plaintiff') is an Institution, conducting business under the Laws of the Commonwealth of Pennsylvania with a principal place of business at the address indicated in the caption hereof. 2. Chad D. Leforte, (hereinafter referred to as "Defendant") is an adult individual residing at the address indicated in the caption hereof. 3. Plaintiff brings this action to foreclose on the mortgage between Defendant and itself as Mortgagee by Assignment. The Mortgage, dated October 28, 1999, was recorded on November 9, 1999 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 1581, page 447. Plaintiff is the Mortgagee by Assignment by virtue of an Assignment of Mortgage recorded on August 28, 2002 in the Office of Recorder of Deeds in Cumberland County in Book 689, Page 3786. A copy of the Mortgage is attached and made a part hereof as Exhibit 'A'. . 4. The Mortgage secures the indebtedness of a Note executed by Defendant on October 28, 1999 in the original principal amount of $51,590.00 payable to Plaintiff in monthly installments with an interest rate of 11.95%. A copy of the Note is attached and made a part hereof as Exhibit 'B'. 5. The land subject to the mortgage is 15 Cold Springs Road, Carlisle, P A 17013. A copy of the Legal Description is attached as part of the Mortgage as Exhibit 'A' and incorporated herein. 6. The Defendant is the record owner of the mortgaged property located at 15 Cold Springs Road, Carlisle, P A 17013. 7. The Mortgage is now in default due to the failure of Defendant to make payments as they become due and owing. As a result of the default, the following amounts are due: Principal Balance Interest to 5/4/2004 Accumulated Late Charges Escrow Advance NSF Charges Other Fees Due Recoverable Balance Cost of Suit and Title Search Attorney's Fees TOTAL $51,540.54 4,632.03 1,108.98 8,125.63 80.00 33.90 392.50 550.00 1,000.00 $67,463.58 plus interest from 5/5/2004 at $16.83 per day, costs of suit and attorney fees. 8. The attorney's 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 attorney's fees will be charged. 9. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a defaulting mortgagor with a Notice of Homeowners' Emergency Mortgage Assistance ("Act 91 Notice") 35 P.S. Section 1680.403c. 10. The Notice of Homeowners' Emergency Mortgage Assistance was required and Plaintiff sent the unifonn notice as promulgated by the Pennsylvania Housing Finance Agency to the Defendant by regular and certified mail on March 31, 2004. A copy of the Notice is attached and made a part hereof as Exhibit 'C'. WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiff's favor and against the Defendant, in the sum of$67,463.58 together with the interest from 5/5/2004 at $16.83 per day, costs of suit and attorney fees. Law offices of Gregory Javardian BY:~ G gory ttorney ID . 55669 Attorney for Plaintiff Exhibit 'A' r'J ') ~\, if D5'tJ~ ~ 1 ') ~'"E~' :'. k :'- ')r.~~~ OF !::i:._ ::::.'. ::.LAND COUNTY-.' . 99 NilU 9 RM 8 Sl EQUITY ONE, INCORPORATED '4909 LOUISE DRIVE, SUITE 106 MECHANICSBURG, PENNSYLVANIA 17055 o g 6d .r t. ~ 7 J -b (5,...-._.........___ MORTGAGE THIS MORTGAGE ("Security Instrument") is given on OCTOBER 28, 199 9 The mongAgor is CHAD D. LEFORTE J'11.( ("Borrower"). This Security Instrument is given to EQUITY ONE, INCORPORATED, }\ PENNSYLVANIA CORPORATION which is organized and existing under the laws of PENNSYLVANIA and whose address is 4909 LOUISE DRIVE, SUITS 106, MECHANICSBURG, PENNSYLVANIA 17055 ("Lender") . Borrower owes Lender the principal swn of FIFTY -ONE THOUSAND FIVE HUNDRED NINETY AND NO/100 Dollan(U.S.$ 51,590.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument rNote"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable OIl NOVEMBER 2, 2029 . This Security Instrument secure! to Lender: (a) the repayment of the debt evidenced by the Note. with interest. and all renewals. extensions and modifications of Ute Note; (b) the payment of all other sums, with interest. advanced 1U1der paragrapli 7 to protect the .security of this Security Instnlment; and (e) the perfonnance of Borrower's covenants and agreements under this Security Instrument and the Note. For Ihis Purpose, Borrower does hereby mortgage. grant and cOnvey to Lender the following described property located in CUMBERLAND County. Pennsylvania: LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF which has the address of 15 COLD SPRINGS ROAD, CARLISLE IStreet] Pennsylvania 17013 (Zip Code] ICky] rProperty Address"); TOGETHER WITH aU the improvements now or hereafter erected on the property. and all easements. appurtenances. and flxtures now or hereafter a part of the property. All replacements and additions shall ;Usa be covered by this Security Instn.Iment. An of the foregoing is reterred to in this Security Inslrument as the "Property." 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 Properly is unencumbered, except fot encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands. subject 10 any encumbrances of record. THIS SECURITY INSTRUMENT combines unifonn 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. ..."... of PrincipalIDllIDIeIat; I\~.ruad IIDd LIte CIaqeI. Borrower shall promptly pay when due the princlpal of and interest on the debt evidenced by tbe Note and any prepayment and late charges due under the Note. 2. FundI for Tucs and 1Dsunacc. Subject to applicable law or to a written waiver by Lender, Borrower shall pay PENNSYLVANIA. Sin2le Family - flNMAIFHLMC UNIPQRM IN5'I'R1.lMHNT ICC-HPIlZ:U1J.10196 "'101"' Fotm 3039 9..w BoUK158iPAcr .447 to Lendtr on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly w.es and assessments which may attain priority over this Security Instrument as a lien on tbe Property; (b) yearly leaSehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly dlOrtgage insurance premiums, if any; and (0 any sums payable by 8onower to Lender, in accordance with the provisions of paragrapb 8, in lieu of the payment of mortgage insurance premil.lDlS. These items art called "Escrow IltDlS." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally relatedmongage loan may require for Borrower's escrow account under the federal Real Estate Settlemem.Proctdures Act of 1974 as amended from lime 10 time. 12 U.S.C. Section 2601 et seq. ("RESPA"), unless another law thaI applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expendiwres of future Escrow Items or otherwise in accordance with applicable law. The Funds shan be held in an institution whose deposits are insured by a tederal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank, Lender shall apply the Funds to pay the Escrow Items, Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unleSS lender pays Borrower interest on the funds and applicable law permits Lender to make such a charge, However, Lender may require Borrower to pay a one-time charge for an independent real estaCe tax reponing service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge. an annual accounting of the Funds, showing credits and debits to tht Funds and the purpose for wbich each debit to the Funds was made, The Funds are pledged as additional security for aU sums secured by tbis Security Instrument. If the Funds held by Lender excted the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance Wilh the requirements of applicable law. If the lUllOunt of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary (0 make up the deficiency. Porrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Ltnder. ft. under paragrapb 21, Lender shall acqui.re or 8tH the Propeny, Lender, prior to the acquisilion or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Insuumem. 3. ApplicatioII of 1'a,ymeIlts. Unless applicable law provides otherwise, all payments received by Lender under paragrapha 1 and 2 shall be applied: first, to any prepayment chargtt due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and las!, to any late charges due under the Note. 4. CbarJes; Lima. Borrower shall pay all tud, assessntems, charges, fines and impositions attribulable [0 the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2. or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragrapb. If Borrower makes these payments directly, Borrower dlall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security InstNment unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcemenl of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agrtemeru salisfaClory to Lender subor- dinating the lien to this Security In$trurttent. If Lender delemUntS that any part of the Property is subject to a lien wbich may attain priority over this Security Instrument. Lender may give Borrower a notice idenlifyinS the lien. Borrower shaH satisfy the lien or take one or more of the actions set forth above within 10 days of the giviD.g of notice. S_ Hazard or Property Jnsunuce. Borrower shall keep the improvements now existing or hereafter erected on the Propetty insured against loss by fire, hazards included within the lerm "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires, The insurance carrier providing: the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to mai.ntain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. AU insurance policies and renewals shall he acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender aU receipts of ps.id premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender nuly make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds sball be applied to restoration or repair of the Property danulged, if the restoralion or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that tbe inSUraJlce' carrier has offered to settle a claim, then Lender may collecl the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not !hen dUe. The 30-day period will begin when the notice is given. Uwess Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of the payments. If under puagraph 2llhe Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass 10 Lender 10 the extent of the sums secured by this Security Instrument immediately prior 10 the acquisition. 6. Occupaocy, PmJervation. ......hu...........md ProIectiou of the Property; Borrowcr'.1.oau AppliCliioD; I . n1w.. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after Ihe execution PBHNSYLVANIA - Single Family - FNNNPIILMC UNIFORM INS'l'IWMBNT 1CC.1IP423tIUCl...10I96 "-'2.n Form lOO9 9/W Bood581 PAl;( .448 of this Security Ipstrument and shall contio\le to occupy the Propeny as Borrower's principal residence (or at least one year after the date of occupancy, Wlless Lender otherwise agrees in writing. which consent sball not be unreasonably withheld, or unless extenuating circumstat1Ce5 exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate. or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal. is begun that in Lender's good raim Judgment could result in forfeiture of die Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate. as provided in paragraph 18, by causing the action or proceeding to be dismiSsed with a ruling thai. in Lender's good faith delennination, precludes forfeiture of lile Borrower's interesl in the Propeny or other material impairment of the lien created by this Security Instrument or lender's security interest. Borrower shall also be in default if Borrower, during the Joan application process, gave materially false or inaccurate informacion or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited 10, representations concei'ning Borrower's occupancy of tbe Property as a principal re,idence. Ifthi, Security Instrument i, on a leasehold, Borrower shall comply wilh all the provisions of rhe lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall nol merge unless Lender agrees !O the merger in writing. ,. Prota:doa of Ltadct'. RiJbts in Ibe PIOpcrty. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceediog in bankruptcy, probate, tor condemnation or forfeiture or to enforce laws or regulalions), then Lender may do and pay for whatever is necessary to protect the value of the Propeny and Lender's rights in the Property. Lender's actions may include paying 3DY sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attomeys' fees and entering on the Property to make repairs. Although Lender may take action under this pangraph 1, Lender does not have to do so. Any amountS disbursed by Lender under this panlgraph 7 .shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to olher tenns of payment, lhese amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, wilh interest, upon notice from Lender to Borrower requesting payment. 8. Mortpge 1DIunDoe. If Lender required monpge insurance as a condition of making the loan secured by this Security Instrument. Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If. tOr any reaum, the mongage insurance coverage required by Lender lapses or ceases 10 be in effect. Borrower shall pay the premiums required to obtain coverage ,ubstantiallyequivalent to the mortgage insurance previously in effecl, at a cost substantially equivalent to the cost to Borrower of lhe mortgage insurance previously in effect. from an alternate mongage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each DlOnth a $UD1 equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender wiIJ accept, use and relain these paymems as a loss reserve in lieu of mortgage insurance. Loss reserve payments moJy no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shaU pay Ihe premiums required to maintain mortgage insurance in effect. or 10 provide a Joss reserve, until the requirement for mortgage insurance eoos in accordance with any wrinen agreement between Borrower and Lender or applicable law, 9. I~. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of Or prior 10 an inspection specifying reasonable cause for the inspection. 10. rnnrlPmnstionn. The proceeds of any award or claim for damages, direct or consequential. in connection with any condemnation or other taking of any part of the Propeny, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Propeny, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial takiI1& of the Propeny in wbich lbe fair market value of the Propeny immediately before the taking is equal to or greater than the amount of the sums secured by this Security InsIrwnent immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the lotal amounl of the $ums secured inunediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid 10 Borrower. In the event of a partial taking of Ihe Property in which the fair market value of the Property immediately before the laking is less than the amoUR( of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the 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 condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the nOlice is given, Lender is authorized to collecl and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then dUe. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs J and 2 or change the amount of such payments. II. Borrower Not~: Fo~ By l..c:oder NoI a Waiver. Extension of the time for payment or modif&cation of aroortization of the ,urns secured by this Security Instrument gl1UUed by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in inrerest or refuse to extend time for payment or otherwise modify amortization of the sums set.'Ured by this Set:urity Instrument by reason of any demand made by the original Borrower or Borrower's successors in iDlerest. Any forbearance by Lender in exen:ising any right or remedy stIall not be a waiver of or preclude the exercise of any right or remedy. 12. ~ aDd Assig.ns Bouad; Joint md SevedI LiJbi1.i1y; Co-ligaen:. The covenants and agreements of this Security Instrument shall bind and benefil the successors and assigns of Lender and Borrower. subject to the provi,ions of paragraph 17. Borrower's covenants and agretments shall be joint and several. Any Borrower who co-signs this Security Instnntle1lt but does nol execute the NOle: (a) is co-signing this Security Inslrumem only 10 mortgage, grant and convey that Pl!NMSYLVANJA - Sil\Jle f.mil'l - FN'MAIPHLM'C UNIFORM INSTRUMENT ICCH~"_PU.l0J96 ~)Grj Axtn 3039 9190 BooK!5B1,AGE..449 Bonower', interest in the Propeny under the lerms of Ibis Security Instnn1lent; (b) is not petSOnaJly obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodatiortS with regard to the tenns of this Security lnstrumeI1t or the Note without that Borrower's conaen.t. 13. lAWI ChIrp. If the loan secured by this Security rnsttUtnent is subject to a law which sets maximum loan charges, and. thai Jaw is finally interpreted so that the inlerest or other loan charges collected or to be collected in connection with Ibe loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by d1e amount necessary to reduce the charge to Ihe per mined limit; and (b) any sums alrectdy collected from Borrower which e;(ceeded pennitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated berein or any other address Under designates by notice [0 Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lcnc1er when given as provided in this P""'l!raph. 1'. Govcnda8 Law; Sevcnbi1ity. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not aff~ otber provisions of this Security Instrument or the Note which can be given tffect without the conflicting provision. To rbis end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower'. Copy. Borrower shall be given one confonned copy of the Note and of this Security Instrument. 17. 'ftaufer of Ibc Property or . Beoeficia1 Intettst in Borrower. If all or any pan of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower- is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federailaw as of the date of this Security Instrument. If Lender e%crcises this option, Lender shall give Borrower notice of acceleration. The notice sball provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Insrrument. If Borrower fails to pay these sums prior [0 the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower'. Ri&ht. to RdDItde. If Borrower meets certain conditions, Borrower $hall have the right to have enforcement of this Security Instnlment discontinued at any time prior to the earlier of; (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Propeny pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures lSly default of any otber covenants or agreements; (c) pays all expcDSeS incurred ia enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument. Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security In- strument and the obligations secured hereby sball remain fully effective as if no acc.eleration bad occurred. However, this right to reinstate shaH not apply in the case of acceleration under paragraph 17. 19. Sale of Note: Cbaogc: of Loan Servic:c:r. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more limes without prior notice [0 Borrower. A sale may result in II change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated [0 a sale of the Note. If there is a change of rhe Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other infonnalion required by applicable law. 20. Hazardous SubstJDces. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Haurdous Substances on or in the Property. Borrower shall not do. nor allow anyone else to do, anything affecting the Propeny that is in violation of any Environmental Law. 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 nonnal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving tbe Property and any Hazardous Substance or Environmental. Law of which Barrower has actual knowledge. If Borrower learns, or is notitied by any governmental or regulatory authority. that any removal or other remediation of any Hazardous Substance affecting tbe Property is necessary. Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this pat"aSraph 20, "Hazardous Substances" are those substances defmed as toxic or hazardous substances by Environmental Law and we following substances: gasoline, kerosene, other tlammable or toxic petroleum products, toxic pesticides and herbicides. volatile solvents, materials containing asbestos or formaldehyde. and radioactive materials. As used in this paragraph 20, "EnvironmentaJ Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVBNANTS. Borrower and Ltnder further covenant and agree as follows; 21. Acce1entioa; Remedies. Lc:oder stud.I give oolice to Borrower priorto a:ccIc:ration following Borrower's breach of -.y COVfDIDt or agreement in Ibis Security IoItrummt (but oot prior to aoodtnlion mder pangraph 17 UIllca applicable .........- .,.,..,....). Lender sIWI notify Ilorn>wu of. ....... other things: (i) 1ho _ (b) ........ ""I"n.d '" <:un: 1ho _; (e) whcu 1ho dcfauIt _ be CIJl'IXI; lIlld (d) thai fail"", 1o....1ho ddault..lIpCCiflcd ..y ....., in_ of tbc .... ~ by Ibis Sa:urity buuumcot. ron:Jo.ure by judicW pl'OC:C<ding lIlld IIIe Dr .... Property. LelIdcr sIWI furtbc:r iofono IIDm>w<:r Dr 1ho right 10 ......... after octcl_onlDl the right'" "-' in the _ prDllCOI!ing .... PBNMSYLVAN!A. Single Family - FNMAIFIIUdC UNIfORM INSTJU1MBNT ICC.Ml"U)UO,!'CL.IMl\ I".d 01'1 PonD """..... 8ooK158hAGE .450 OOn-emlcDCC of a default or my OCher defeoae of Borrower to ac:cclention IDd forcclosu.re. If Ihe default allOt cun:d as ~. Lcadez.. iIIopt1oo_ n:quiJ< __ in fulIofolll1lllll S<<UJOd by lbisSewrity__ _ _1DlI_ _1biI Sa:urily "'*- by judic:io1 pnJl:OllCliDg. Leuder obaIIlJe...ulled to ""UoeI aU _ _ ill pursuia& Ibe nlIDlllIia provided illlbil pangnpI1 21. iDcIudiag, but oot limilcd to, _s' fees ud -. of tllIe.._ to Ibe _ pmuilIaI by IpPlk:IbIc law. 22. Rdcue. Upon payment of all sums secured by this Security Instrument. this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence. Lender shall discharge and satisfy this Security Instrument wilhout charge to Borrower. Borrower shall pay any recordat:ion costs. 23. Waived. Borrower, to fbe elttenl pennitted by applicable law, waives and releases any error or defectS in pro- ceedings 10 enforce this Securiry Instrument, and hereby waives the benefit of any present or future laws providing for stay of eltecution, elttension of time. exemption from attachment, levy and sale. and homestead eltemptioD. 24. Rdaa~ Period. Borrower's lime to reinstate provided in paragraph 18 shall eltlend to one hour prior to the commencement of bidding at a sheriffs sale or other Sate pursuant to this Security Instrument. 25. Purcbasc Mooey Mortgage. If any of the debt secured by this Security 11l5trumenl is lenllo Borrower 10 acquire title 10 the Propeny, this Security Instrument shall be a purchase money mortgage. 26. IoteRst Rate After ludJlDCDl. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to lime under the Note. 'Xl. Riden to tbiI Security 1nstnuDcrrt. If one or more riders are executed by Borrower and recorded together with this Security Instrument. the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security lnstrumem as if the rider(s) were a pan of this Security Instrument. r=k applicable OOx(es)J o o o IX! Adjustable Rate Rider Graduated Paymenl Rider Balloon Rider O<her(s) [specify] o o ORale Improvement Rider LEGAL ATTACHED Condominium Rider Planed Unit Development Rider o 1-4 Family Rider o Biweekly Payment Rider o Second Home Rider BY SIGNING BELOW. Borrower accepts and agrees 10 the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Wj~~~d'lca r to.w1Ji d:./ /. .<: cr CHAD D. LEFORTE (Seal) Borrower (Seal) Borrower ...." BOffOwef (~I) Borrower lSWl &r(()Yfer (Seal) Borrower /SpIte Bdow' 1'IHr Uac For- Ad:- . . Cerdficac of RcaidcDce I. CA,",C'f') .-.\....rtQ...c. . do hereby certify thai the correct address of the within-named Mortg...." u ,,_. . n. r'I'01 '-"-'V". ()~') It/;\'" 11:>10 , tlt<rc... ,... I~"S-J" Witness my hand thiJ; za day of 0< ~'oe.. . \'t'N OUJ~ns.... On this appeared COMWONWEALm OP PENNSYLVANIA, day of Cc.~~ 0. lef'oM~ Z& c: h'l () ("tJIl,~ .l~'\ County lIS: . before me, the undersigned offICer, personally kmwn to me (or satisfactorily proven) to be the penon Instrument and acknowledged that J.)e executed the same for the purposes herein conlained. IN WITNESS WHEREOF, I hereunto set O1y harK! ~Dd official seal. whose name :i;', ". '.'~""'",.r :.:; sUbscribed~"W~:'''>~(~ '...~~k:i~~~..O"1 W~".~/(t- is- My Camm" . Expi'WOTAR/Al. SEAl. ""'~~~ Att~11!Pas NIN.,,': a ",1l4...., f..1. Tille of Officer ., ,.. # PENNSYLVANIA - SinJIe Family - fNM..\IPHI.Mc UNIFORM JJrfSI'RUMBHT Ponu J039 9190 <<.K"""'''''.'", ..."" Bood581fAGE AS1 ALL THAT CERTAIN tract of land, situate in Dickinson Township, cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at the intersection of line of land formerly of Walter S. Bear and now of Robert D. Hoch and wife, known as 17 Cold Springs Road and Cold Springs Road; thence from said point at place of beginning in a northerly direction along the said Cold Springs Road 150 feet to a point; thence in an easterly direction 110 feet more or less to the line of lands formerly of S. A. Clippinger; thence in a southerly direction 150 feet to a point in line of said lands formerly of Walter S. Bear and now or formerly of Robert D. Hoch; thence in a westerly direction along line of said land of Hoeh, 110 feet, more or less, to a point at the place of BEGINNING. HAVING thereon erected a dwelling house know as IS Cold Springs Road. BEING the same premises which James K. Kramer and Wendy S. Kramer, his wife, and Jeannie L. Briggle, by their deed dated October 1999 and about to be recorded herewith in the Office of the R~er of Deeds of cumberland County, Pennsylvania, granted and conveyed unto Chad D. Leforte, Mortgagor herein. ., ." ~6 ,,, ~"i~~"f~r \:,-, ~sc<)rt1il'lg of Deeds ~ \$I.. ~"O~. -;e.OCt "(V" ,,~\oion\C ~ ..-) \ ,I ,rAthiS~da~ ~ ~l;or Bood581 "GE .452 ." " .......... ~. ,. '.'~ - WHEN RECORDED MAIL TO: EQUITY ONE, INCORPORATED 4909 LOUISE DRIVE, SUITE 106 MBCHANICSBURG, PENNSYLVANIA [Space Above This Line rot Recordmg Data] 1-4 FAMILY RIDER (AaIJ'UDea, of Reats) THIS l-4 FAMILY RIDER is made this 28th day of OCTOBER, 1999 . and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security bwnunent") of lhe same date given by the undersigned (the "Borrower") to secure Borrower's Note to EQUITY ONE, INCORPORATED, A PENNSYLVANIA CORPORATION (the "Lender") of the lame date and covering the Property described in the Security Instrument and located at: 15 COLD SPRINGS ROAD CARLISLE, PENNSYLVANIA 17013 IPlllpli'rtyAcldress] 1-4 FAMILY COVENA.NTS. In addition to lhe covenatlls and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. ADDmONAL PROPERTY SUBJECT TO TIlE SECURITY INSTRUMENT. In additinn to the Prnpeny described in the Security Instrument, the following items are added to the Property description, and shall also constitute the Property covered by the Security Instrument: building materials, appliances and goods of every nature whatsoever now or hereafter Jocated in. on, or used, or intended to be used in connection with the Property, including, but not limited la, those for the purposes of supplyin, or distributing heating, cooling, electricity, gas, water, air and lipt, fire prevention and extinguishing apparatus, security and acceSs control apparatus, plumbing, bath tubs, water heaters, water closers, sinks, ranges, stoves, refrigerators. dishwashers, disposals, washers, dryers, awnings, stann windows, stann doors, screens, blinds, shades, curtains and curtain rods, attached mirrors, cabinets, panelling and attached noor coverings now or hereafter attached to the Property, all of which, including replacements and additions thereto. shall be deemed to be and remain a part of the Propen.y covered by the Security Instrument. AU of the foregoing together wilh Ihe Property described in the Security Instnl1nenl (or the leasehold estate if the Security Instrument is on a leasehold) are referred to in this 1-4 family Rider and Security Instrument as the "Property". B. USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower shall not seek.. llgree to or make a change in the use of the Property or its zoning classification, unless Lender has agreed in writing to tbe change. Borrower shall comply with alllawa, ordinances, regulations and requirements of any governmental body applicable to the Property. C. SUBORDINATE LIENS, Except as pcnnitted by federal law , Borrower shall not allow any lien interior to the Security lostrument to be perfected against the Property without Lender's prior written permission. D. RENT LOSS INSURANCE, Borrower shaJI majntain insurance against tent loss in addition to the other hazards for which insurance is required by Uniform Covenant S. E. "BORROWER'S RIGHT TO RElNSTATE" DELETED. Unifonn Covenant 18 is deleted. F. BORROWER'S OCCUPANCY, The first sentence in Unifonn Covenant 6 concerning Borrower's occupancy of (he Property is deleted. All remaining covenants and agreements set forth in Unifonn Covenant 6 shall remain in effect. G. ASSIGNMENT OF LEASES. Upon default by the Borrower, L.endet' shall become the assignee of all leases of !he Property and aU security deposits tn8de in connection wilh leases of the Property. Upon default, Lender shall have the right to modify, extend or terminate the existing leases and to execUle new leases, in Lender's sole discretioo. As used in this paragraph G, the word "lease" shall mean ~sublease" if the Security (nstrument is 00 a leasehold. H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. Borrower absolutely and. unconditioll8llyassigns and transfers to Lender all the rents and revenues rRenrs") of the Property. regardless of to whom me Rents of the Property are payable. Borrower authorizes Lender or Lender's agents to collect me Rents, and 81rees that each tenant of the Property shall pay the Rents 10 Lender or Lender's agents. However, Borrower shall receive the Rents until (i) lender has given Borrower notice of defanil pursuant to paragraph 21 of the Security Instrument and (ii) Lender hall given nolice to the tenant(s) that the Rent!! are to be J1~!d to Lender or Lender's agent. This assignment of Rents constitutes an absolute assigrunent and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (i) all Rents received by Borrower shall be held by Borrower as trustee for the btncfit of Lender only, to be applied to the sums secured by the Security Instrument; (H) Lender shall be entitled to collect: and receive all of the Rents of the Property; (iii) Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender or Lender's agents upon Lender's written demand to the tenant; (iv) unless applicable law provides otherwise. all Rents collected by Lender or Lender's agents shall be applied first to the cosls of taking control of and managing the Property and collecting the Rents, including, but not limited to, attorney's fees, receiver's fees, premiums on receiver's bonds, repair and maintenance costs. insurance premiums, tllXes, assessments and other charges on the Property, and then to the sums secured by the Security Instrument; (v) Lender, Lender's agents or any judicially appointed receiver shall be liable to account for only those Rents actually received; and (vi) Lender shall be entitled to have I receiver appointed to take possession of and manage the Property and colfeet the Rents and profits derived from the Property without any showing as to the inadequacy of the Propeny as security. MUL11STAn: RIDER. ..... Famlly- ICC:lOf21SQ"-l'" FNMAlFHLMC MODlFlED INSTRUMENT ... BOOK 158hGt .453 Fonn 3170 (9190) If Ihe Renls of the Property are not sufflCienl to cover the costs of laking control of and managing the Property and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower 10 Lender secured by the Security Instrument punuant fO Unifonn Covenanl 7. Borrower represents and warrants that Borrower has not executed any prior assignment of the Rents and has not and will not perfonn any act that would prevent Lender from exen:ising its rights under this paragraph. Lender, or Lender's agents or a judicially appointed receiver, shall not be required w enter upon, take control of or maintain the Property before or after giving notice of default 10 Borrower. However. Lender. or Lender's agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents shall nol cure or waive any defaull or invalidate any other right or remedy of Lender. This assignment of Rents of the Property shall tenninate when all the SUIRl secured by the Securily Instrument are paid in full. I. CROSS-DEFAULT PROVISION. Borrower's defaull or breach under any note or agreement in which Lender has an interest shall be 8 breach under the Security Instrument and Lender may invoke any of the remedies permilled by Security Instrument. BY'SIGNlNG BELOW. Borrower accepts and agrees to the terms and provisions contained in this 1-4 Family Rider. /4I.J.. .tU CHAD O. LEFORTE (Seal) Borrower (Seal1 Borrower (Seal) Borrower (Seal) Borrower (Seal) Borrower (Seal) Borrower MtJI:nSTATE RIDER .1004 F.mUy. FNMAlFHLMC MODIFIED tNsrRUMENT lCQClI2.].BQY-IJ!lll "",,,20/1 Furm 317U (9190) BoodS8hGE .454 OE ADDENDUM TO MORTGAGElDJ:ED OF TRUSTI DEED TO SECURE DEBTISECURITY DEED This ADDENDUM TO MORTGAGE/DEED OF TRUST/DEED TO SECURE DEBT/SECURITY DEED (also known as "Security Instrument") is made this 28th day of OCTOBER I 1999 . and is incorporated into and amends the Security Instrument of the same date given by the undersigned (the "Borrower") to secure Borrnweoc's Note (the "Note") 10 EQUITY ONE, INCORPORATED, A PENNSYLVANIA CORPORATION (the "Lender") of th~ lame dale and covering the Property described in the Security Instrument and located ;a.t: 15 COLD SPRINGS ROAD, CARLISLE, PENNSYLVANIA 17013 (Prttperty Addreu) In addition to the covenants and agreements made in the Security JnstnJ.meOt. Borrower and Lender further agree as follows: 1. If the Security Instrument is a Second Mortgage FNMA/FHLMC Unifonn Instrument, tllen the paragraph entitled. "Payment or Principal and ID.tenst~ is amended to inchlde prepayment charges as provided in any Prepayment Rider executed in connection wilh the Note. 2. The paragraph of the Security Instrument entitled, "Application or Borrower's Paymedts" or alternately "AppUcatlon or Payments," is deleted in its entirelY and the application of payments is governed by the Note. 3. Unless prohibited by applicable law. the paragraph of the Security Instrument entitled, "Acceleration; RemedIes" or alternately "Lender's Ripts If Borrower Fails to Kftp Promises and Agreements, " is supplemented by adding the following provisions: ~Addilionally. Lender may require immediate payment in full of the entire amount remaining unpaid under the Nate and this Security Instrument. if: (1) On application of Lender. two or more insurance companies licensed to do business in the State in which the Property is located, refuse to issue policies insuring the buildings and improvements on the Property; or (2) Borrower fails to make any payment required. by a senior tOOrtgage, deed of trUst, deed to secure debt or other security lnstl'UI'QeDt eocumbering: or affecting [he Propeny or fails to keep any other promise or agreement in any senior mortgage. deed of trust, deed 10 secure debt or other security instrument encumbering or affecting the Property; or (3) Any representation made or information given to Lender by Borrower in connection with Bonower's application for the loan evidenced by the Note is false or misleading in any material respect; or (4) Borrower allows the Property to be used in connection with any megal activity.. 4. For a loan secured by Iowa real property: a. The following sentence is added to the end of the paragraph of the Security Instrument entitled. ~Release" or alternately ~Redemptiob Period:" "Borrower shall pay any recordation and/or official COsls in connection wilh this mortgage. ~ MULTlSTATE ADDENDUM TO ISTI2ND fNMAIFHL.MC secURITY INstRUMENT GENERIC (4!lO198) - SHORT FORM ........... AMG0151J.USM ....lof4 8od581rAGE ..455 OE b. Language is added to the Security Instrument as follows: "NanCE TO BORROWER. I UNDERSTAND TIIA T HOMESTEAD PROPERTY IS IN MANY CASES PROTEcrED FROM THE CLAIMS OF CREDITORS AND EXEMPT FROM JUDICIAL SALE; AND TIlAT BY SIGNING TIllS MORTGAGE, (VOLUNTARILY GIVE UP MY RIGHT TO TIllS PROTECTION FOR TIllS MORTGAGED PROPERTY WITH RESPECT TO CLAIMS BASED UPON THIS MORTGAGE." c. If the Security Instrument is a second or junior priority Security Inslrument, then the following applies: Unless otberwise preempted by applicable federal or other law, the prepayment penalty and attorneys' fees provisions from paragraphs 1. 3. 7. 18 and 21 are deleted in their entirety. 5. The paragraph of the Security Instrument entilled. ~TraD5rer of the Property or . Benencial Interest in Borrower,. is amended by changing the Roticeof default or acceleration to be at least 60 days if the loan is secured. by a secondary lien on real property in the State of Connecticut and at least 35 days if the loan is secured by a lien on real property in the Stale of Oklahoma. 6. For a loan secured by KaDsas real property, if the Security Imtrument is Form 30]7, the last senlence in the puagrapb entitled. "A<<eIeratioD; RemedIes. II is deleted and replaced with the following: "Lender shall be endtled to collett all masonable expenses illCUl'l'ed In punulng tbe nmedles provided in tbis paragraph, including, but not limited to, reasonable attorneys' fees, to tbe extent allowed by applicable law." In addition, the paragraph entitled, "Attorneys' Fees," is deleted in its entirely. 1. For a loan secured by Ohio real property. the following language is added after the legal description section of the Secucity Instrument: "This rmngage is given upon the statutory condition. "Statutory Condition" is defined in Section 5302.14 of the Revised Code and provides generally that jf Borrower pays the indebtedness and perfonns the other obligations secured by this mongage. pays aU taxes and assesaments, maintains insurance against fire and other hazards and does not commit or permit waste. then this mongage will become null and void." B. For a loan secured by South Carolina real property: If the Security Instrument is Fonn 3041. Ihe secood senlence of the paragraph entitled, ''Waivers,'' is deleted. If the Security Instrument is Form 3841 the paragraph entitled. "Waiver or Right of Appraisal." is deleted. 9. The paragraph of the Security Instrument entitled. "Law That Governs This Security InstrummtJMortgqe" or altenwely "Governing Law; Severability," is amended by deleting the firsl sentence and replacing it with the following language: "This Security Instrument shall be governed by fcdcrallaw and. to the extent not inconsistent with or more restrictive than federal law or regulation governing Lender, the laws of the jurisdiction in which the Property is located. ~ MULTISTATE ADDENDUM TO ISTf2ND FNMAlFHLMC SECURITY INSTRUMENT GENERIC (4130193). SHORT FORM -"'" AMG015B.USM PItolaf4 BooK1581 PAGE..456 OE 10. If the Security IDSlroment is a second or junior priority Security Instrument. men a paragraph is added to the Security lolItrumcnl as follows: 'WAIVER OF RIGHT TO INCREASE PRIOR MORTGAGElDEED OF TRUsr. Borrower hereby waives Borrower's rights if any, to increase any senior deed of lrust, mortgage or other security U\strument on the Property under any provision contained therein governing optional future advances. and, to the ~tent pennitted by law. waives Borrower's rights under any law which provides for an increase: of said prior deed of trust, mortgage, deed to secure debt or other security instrument to pay for repairs. improvements, replacements. taxes, municipal liens. assesstnents or other charges on the Property. If. norwitbstanding the foregoing waiver, such funds are advanced to or on behalf of Borrower. whether voluntarily or involuntarily, Borrower agrees that Lender. at its option, may accelerate the indebtedness secured hereby. . 11. A provision is added to the Security Instr:un')eD.l as follows: "Borrower hereby acknowledges receipt, without charge. of a true copy of the Security InstrUment" 12. Escrow Waiver IX! If the box above bas been checked, Lender waives the requirement for Borrower to make payment to Lender for the escrow items referred to in the paragraph of the Security Instrument entitled. "ruads\MODthly Payments ror Taxes aDd Insurance." Borrower shall pay these obligadonson lime directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph, lIDd receipts evidencing such payment. Unless otherwise prohibttcd by applicable law. Lender reserves the right 10 require Borrower to make paymene to Lender for tile escrow items referred to in the paragraph of the Security Instrument entitled, "Fund&\MoathJy Payments rOt Taxes and Insurance," if Borrower defaulls in the payment of such escrow itemS and such default is not cured wichirl the time set forth in any notice sent to Borrower by Lender. Lellder reserves sucl1 right even though Lender did not eSlablish such escrow account as a condition to closing the loan. If Lender requires Borrower to make payments to Lender as provided herein, the provisions of the plU'agraph of the Security Instrument entitled, "Funds\Montbly Paymel1ts ror Taxes and Insurance" will be in full force and effect. 13. A paragraph is added to the Security Instrument as follows: "FORCE PLACED INSURANCE. Unless otherwise prohibited by applicable law, if Borrower docs not provide Lender with evidence of insurance coverage (for any type of insurance that is required by Lender), Lender may purchase insurance at Borrower's expense to protect Lender's interests in Borrowcc's Property. ThiS insurance may, but need not, prOtect Borrower's interests. The coverage that Letuier purchases may not pay any claim that Borrower makes or any claim that is made against Borrower in connection with the Propeny. Borrower may later cancel any insurance purchased by Lender, but only after providing Lender with evidence that Borrower has obtained the required iosurance. If Lender purcbases insurance for the Property, Borrowec will be responsible for tbe costs of that insurance, including the insurance premium, interest at the rale provided by the terms of the Note and any other charges that the Lender or the insurer may impose in connection with the placement of the insurance (for eltample. a fee from the carrier for processing the force placed insurance), until the effective date of the cancellation or eltpiration of the insurance. The costS of the insurance may be added to Borrower's total outstanding balance and secured by this Security Instrument. The costs may be more than the cost of insurance thai: Borrower may be able to obtain directly because Lender will be purchasing insurance under a general policy that does not consider Borrower's individual insurance situation. " MULTISTATE ADDENDUM 10 ISTI2ND FNMAlFlILMC SECURITY INSTRUME14"f GENERIC ("'IJOI98) - SIIOkT FORM H_ AMG01SB.USM ""hf4 Bood58hcr .457 DE 14. A parB8nph Is lidded to the Security Instrument as rollo",; .Verificationor reverification of the Property', valuation or any other infonnation normally contained in an appraisal may be required as part of Lender's ongoing quality control procedures. Borrower agrees to coopente fully with Lender and/or its agems. successon or assigns in obtaining and completing a full appraisal in the future at Lender's sole option and expense.. 15. If an Adjustable Rate Rider i! executed in conjunction with the Security Instrument, such rider is amended by: a) deleting the section entitled. "Traasfer or the Property or a Beneflclallntcrest in Bornnfel'," and b) adding to the section entitled. "Interest Rate and Monthly Payment CbaRges" (0) "Limits on lIIterelt Rate Cbanps. " lbe following language: -My interest rate will never be less than %." 16. If the Security Instroment is assigned or transferred. all or a portion arlhis Addendum may be voided at the option of the assignee or transferee. Any terms and provisions of this Addendum which are voided will be governed by the original terms of the Security Instrumenl. d..I'/' Ie -)-.1' Borrower Bonower Bonower ..=~ Borrower Bono~, MULTISYATE ADDENDUM TO ISTI2ND fNM....IFHLMC secURITY INSTRUMENT GENERIC (41lOl9ll) - SHORT FORM "-- AMGOI5B.USM """'. or ~ BOOk158hGE A58 . . Exhibit 'B' NOTE OCTOBER 28, 1999 MIlCllANICSBURG, IClIYI PENNSYLVANIA _I 15 COLD SPRINGS ROAD, CARLISLE, PENNSYLVANIA 17013 {Propcn)'AckI....) 1. BOlUlOWER'S PROMISE TO PAY In mum lor a loan that I have _. I promIJe to pay U.S. $ 51,590.00 (lhiIamountlJ ca1Ied 'priDcipal"), pI.. lnteral,to 1he order of 1he Leoder. '!be Lcoder ls EQUITY ONE, INCORPORATED, A PENNSYLVANIA CORPORATION I _ that 1he Lcoder may traDlferlhil NO!<. '!be Leoder or BOyooe who takes IhiI Note by transfer BOd who Is attllled to _Ive paymeots under IhiI Note ls called 1he 'Note Holder." 2. INTEREST . _ will be clw&ed on unpaid prlncipal unlll the full amounr of prlncipal has been paid. I wlll pay 10terest at a yearly.... of 11. 950 ". '!be In....., rate required by thls Secllon 2 Is the _I will pay both bel"", BOd after lilY default described In Secllon 6(1l) of this Note. 3. PAYMENTS (A) 'Ilme and PIa.. ofl'loymlftls I will pay prlncipal aod In,..... by maJdng _ every month. I wlll_ my monthly paymeots on the 2nd day of_ month besinnlna on DECEMBER, 1999 . I will -. these payments every month unIlll ba.. paid all of 1he principal aod _ aod lilY .- cbarses d=ribod below that I may owe UIIder thls Note. My monthly _ will be opplicd to _ before principal. If. on NOVEMIlER 2, 2029 .1 atlI1owellllO\UlllunderthlsNote,lwWpay thole _In full on that date, wbIch ls called the 'Maturity D....' IwUl-'mymonlhly_at 4909 LOUISE DRIVE, SUITE 106, MECHANICSBURG, PENNSYLVANIA 17055 or at a_pl...lfrequlrcd by the Note Ho\cler. (Il) Amount of MOOlbIy Pa,meats My monthly payment will be In the amouotofU.S. $ 528.68 4. BORROWER'S RlGRT TO PREPAY I have the riJlbtto _ paymeots of principal at BOy time before they ate d.... A payment of principal ooly ls known u a "prepa_". Wben I -. a p-. I wUl tell the Note Holder In wrltlns that I am dolns ... I may -. a fuIl_ or par1lal prepaylllCllls without paYlns BOy _ <barge. '!be Note Holder wUl ... all of my prepaymenllto reduce 1he amount of prlncipal that I owe under thla Note. If I moire a paniaI prepayment, there wID be no changes in the due date or in Ihe amount of my monthly payment unlese the Note Holder .,reea: in writing to those cbangcs. 5, LOAN CBARGES If a law , wbJch applies to thls inIIl BOd whicb .... mWmum 10111 cbarses. Is llIlIIly Inletpreted SO that 1he Intetesl or .- inIIl cbarses oollected or to be oollected In COIlllO<tion with lbi, inIIl """""" the pennIucd limits, then: (I) any anch loan chuaelball be redu<ed by the amount necoawy to reduoe 1he clw&e to the pennlltecllllnit; aod (D) BOy IUlllI _y ooUected from me whicb _ed pennlned IUnits will be re!onded to me. Tbe Note Holder may choose to malre tbls ret\md by reducing the principal I owe under lhIa Note or by maJdng a direct payment to me. If a refund reduces prinolpal, the redll<tion wUl be treated u a parUaI _. 6, BORROWER'S FAILUIlE TO PAY AS REQUIRItD (A) Lote CbarJe lor Overdue Paymeuts II the Note Holder has not received lbe fuO amouot of any monthly payment by the end of 10 calendar daya after 1he date itls due, I will pay alate cbarsa to lbe NO!< Holder. '!be amounr 01 the cbarse wi be 5 . 00 " ofmy _ payment of principal aod _to I wUl pay lhIa late cbarse promptly but only once on each late payment. (8) _ull If I do DOt pay the full amount of ~ monthly payment on the date it i. due, I will be In default. (C) Notke of_ult If I am In default, the Note Holder may _ me a written notice lOIUng me that if I do not pay lbe overdue IlIIOW1t by a <erlIin dale. the Note Holder may reqolro me to pay bnmedlately the full amount of princlpal which bIIJ not been paid and aU d1e interest that r owe on that amount. 'Ibat date must be at least 30 days after the date on which the nodcc 1& delivered or mailed to me. (D) No Wal... B1 Note Bolder B...1', at a time wben I am In clefaolt, the Note Holder does not requlre me to pay immediately in full IS d=ribod above. the Note Holder will Iti11 have the right to do 80 if lam in default at a later time, (E) I'o1ment .1 Note Bolder', CUJla and Expau.. If the Note Holder hu required me to pay immediately in full IS dasnn'bed Ibo... the Note Holder will Mve the riJlbt to be paid blCk by me for all oflllOOlll and _ in enforcing thi, Note to the extent not probIbited by opplicablelaw. Thoae expeDIeI include. for example. n:asonab~ attorneys' fees. 7. GIVING OF NOTICES UoIeu opplkable law requires a diffen:Dt method, any notlce that II1UJt be .1... to me under lhIa NO!< will be atvan ~ dellveriD& it. or by mailing it by tint dUB mail to me at the Property AddreI. above or at a different address if] Jive Note Holder, notice 01 my ditl'erent addreu. FJDI) RATE Non: . SlJllle Paluu)' . PNMA/IIHLMc lINIIIOBM INSTlU1MIl:NT 20905.11624 ,..,.,a'2 l'ono.3200 111I3 -... / A11y notice that muat be alven to the Note Holder under thls NOte wlll be alVell by DlBI1in& it by lint cIua mall to the Note Holder at the _ 'Ialed In Sectlon 3(A) above or at a dill'ereot _ if I am given a notice of that dllfenml _. 8. OBLIGATIONS (IF PERSONS lJNDER TBJS NOTE II man: than one penon alsm this Note. each penon Is fully aod peroonoIly obUsatcd to keep 011 of the promitea made in tbls Note. including Ibe promIJe to pay the full amount owed. Any penon woo Is a guarantor, aurety or endoner of this Note II also obligated to do these thInp. A11y person who takes aver lbeoe obllJodool, lnclucllns the obliaatlons of a guarantor, aurety or _ oflhla NO!<, Is also obligated to keep 011 of the promitea made In this Note. '!be Note Holder may eofo... Ita riJ!blI under thls Note apInst each penon individually or l8alnat 011 of UJ toselher. Tbls meatlI that illY one 01 UJ may be reqnlred to pay all of the IIllOU1IlI owed under lhIa NO!<. 9. WAIVERS I and any other penon woo has obligation, under ibis Note waive the riJlbts 01 pImI1tmeOt aod notice of dlahonor. "Preaeotmeol' meana the riptto requlIe the Note Ho\cler to _ payment of IOlIlIllIlI due. 'Notice 01 dilbonor" meana the right 10 require the Note Holder to give DOtkt to other personB that ~tI due have Dot been paid. 10. UNIFORM SECUIlED NOTE Tbls Note Is a uniform inItrument with Jlmited variatlOlllIn aome )ori_, In additlo. to the pro<ections alven to the Note Holder under lbls Note, a MortpSe, Deed of TrIll, or Security D<ed (the 'Security Iostrumont"), dated the aame date u lhIa Note, proteCll1he Note Holder from pouib1e _ whicb might reoulllf I do no' keep the proml... wbJch I malre in lhIa NO!<. lbat Seoority Inatrumenl _bel bow and under wba1 oond1tions I may be required to -. immediate payment in full of all amountll owe under tbis Note. Some 01 those ~tlon8are described as follows: . TranoIe< 01 the Property or . BIII<IldaI In_ In Borrower. If all or BOy pan of the Property or any _ in Ilia ..lei or translmecl (or if a bencftclaIlolereItln Borrower Is ooId or _ aod Borrower Is DOt. DItQnJ. person) wlthoutLcnder'. prior Written cousent. Lender may. at its optkm. require l"'"""diate payment In full of all auma """,red by tbls Security Inatrument. However, this npllon IhoIl nol be.._ by Lender if ..erd.. II problbited by lederallaw II of the date 01 this Security Ins_. If Leoder e<en:lses lhIa opUoo, Lender lIbalI st.. Borrower nollce of lCCderatlon. The notlce IhalI provide a period of not leu than 30 daya from the date the noCice II cle1lvercd or maUcd wltbln whicb Borrower must pay alIauma oecured by this Security Inatrumenl. If Bonower laI1a to pay these IUlllI prior to the expiration of thls pertod, Leoder may Invoke any remedI.. pennlned by thll Security Inatrument wllboutlortber notice or demand on Borrower. Borrower hu .._ell BOd acknowledged receipt of PISCS I and 2 of tbls Note. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIONED. /lJJ. XU CHAD D. LEFORTE (Seal) Borrower (Seal) Borrower (Seal) Borrower (StaI) Borrower (Seal) Borrower (Seal) Borrower (Sign Original Only) MULTlBTA.TB J'IXBD IlATB NO'I'8. Sina~ PIIIl.Oy . fNMAmILMC tJNDI'OR.M INSTRUMENT HHIlllS3-3I!I 20905.11621 .....hl'2 'orm 3200 UI83 -"" ADDENDUM TO FNMA NOTE 1biaADDENDUMTONOTIllsmadelhla 28th day of OCTOBER 28, 1999 , BOd la iIlooJporaled Into and _ aod __ the NO!<, AdjUJlable Rate Note or Balloon NO!< 01 the IIlOl: da", aod any .......""" and renewal. oflbat Note, liven by Ute ondenlsncd ('Borrower') to EQUITY ONE, INCOR~ORA~, ': PENNSYLVANIA CORPORATION ( Leoder )( Note ). ID addillon to Ute 11- made In the Note, Borrower aod Lender further _ II foOOWl: 1. Balloon Paymenl Loan 0 If tire box abo.. bu been _, the folIowlns provlsUma are added to the Note: A. "THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MtJST REPAY THE ENTIRE PRINCIPAL BALANCE OFTHELOAN AND IlNPAID INTI!RIlSTTBENDUE. THE LENDER IS1JNDIlR NO OBIJGA'I10N TO REFINANCE THE LOAN AT THAT TIME. YOU WILL, TIIERIlFOIlE, BE REQUIRED TO MAD PAYMENT our 01' OTHER ASsETS THAT YOU MAY OWN, OR YOU WILL HAVE TO l"IND A LENDER, WHICH MAY BE THE LENDER YOU HAVE THIS LOAN WITH; WILLING TO LEND YOU THE MONEY. JII' YOU REFINANCE THIS LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDIlR." B. The "PaymeDla" _ of tire Note Is ameoded by delelIlII the fintaentlOCe and "Placing it with 11>0 foIlowlns Iangonae: "I wUl pay princlpaJ and Inmoot by maklna paym.... every month. Eacb of my regular mootbly paymenla, except for !be 6nal payment. will be In the lOJOUot 01 U.S. $ N/A . Aaaumlns all acbcdnJed paymeott of principal and....... are IllBdo 00 their due dalea, tile 6nal paymeol will be U.S. $ N/A " [New Yolk only: "Tbe above apecified 6nal paymeol _ of U.S. $ N/A whlch will be principal and the bolanoe will be -."J 2. '!be oectIoo of !be Note entitled, "Eo_'. Prom1ae 10 Pay," It amended by acldIns tire followlns IangUJse after tile llrat aenleD;e: "Any amouDII owed under the Security Inal1'lllllDlll !balls executed In oonjum:tioo with lbia No.. are and aball be pitt of the debt obligation under lhIa Note.' 3. If tire Note Is a _ mortgage Note, In tile .ectloD of Ure No.. eotlded. "Inl"""," 1he langUJse,if any, wbich IlBlea !bat Inmootwill be charged "beslnnlns on 1he date of lbia Note and coDllnuIns" It da1etecI and "P1anocI with "00 onpald princlpaJ." Further. a lIDW _ la added: 'The In...... rate requlred by tblJ SectIoD 2 Is tire rate I will pay bolb befoto and after any default daIcrlbed in tire oectIon 01 thIa Note regarding "IlefauI1." 4. If tire Note la an adjuatable rate No.., the _ of the Note entitled, "lDlenat," ls amended by adding the foUowlns langUJseat!be end of the second .enteIll:e: "which, except lor odddaya' lntereat,ifany, will be appUed to a 360 day year oonalating of 12 100_ with 30 daya each. lole"" will be cbarged unlll the princlpal bu b<en paid in folI. " S. If the Note ls an adJUltable tate Note: a) the oectIoD of!be Note attllled, "Poymentl" (A) "l1mu"d PIn.. of Paym_," II amended by deleting the sentence whicli reads. "My monlhly paymenla will be applied to Inmool belore principal." and "PlIclns U with the foUowlns languasa: "1lacb of my regnJar monthly paymenla will be appUed fin, to ID1OUotI due lor any eacrowa lor ..... and Inauranoe WIder the Security lnatrmnent, then to _ and onpald Inmoo' a II the paymeol Is made on Ita due date, rellardl... of wben the paymeolla lCl1JalIy reeelYed and the temainder, If any. to the onpald principa1 bllanee. Any late charges, oollectlon COlts and up....., cIlJhooored cIlec:t cbarJles and payments made by lbe Note Holder to enforee thIa Note andJor to protect the Note Holder'a lnterall under the Security lnatnlmeol will be aiel"" separately. ThIs doea IIOl _Into ICCOIIIIl any paymenll' lor optional DlOrtjase products that are cIw:jed to my 1CCOIIIIl." and b) the aection of the NO!< eotlded, "Interest Rate and Monthly Payment Cban&es" (D) "UmIts on Intenat Rate Cbansea," Is amended by adclinj the foOowiDg IIDJUJIB, 'My Inmoo' rate'will never be les. than N/A ".' 6. If the Note is a fixed rate Note, the section of the NOte entitled, IITIme and Place of Payments" or aIlemaJeJy """ymeota," it amended by deleting (if applicable) the IeoleOCe wbIch reads. "My monthly paymeot, wUl be applied to in......1 belore principal.' and by acldIns the foOowlns language befoto the _ which CODtBinI the manuity da": -Each of my regular monthly payments wiD be applied mailD IIIlOUI1ts due: for any escrows for taxes and. inlUJ'llDCe under the Security Instrumcot, tben to aa:rued anti onpald lntereat to the date of paymeol and 1he remainder, if any. to the unpaid principII baIaoce. Any late dlarjes, oo1lettioo COlla and expenses, dishonored check cbarsea anti paymeott made by 1he Note Holder to enforee this Note and/or to prolecl the Note Ho\cler', ~_ under the Security lnatnunem will be .....,ed oeparately. ThIs does DOt_into ICCOIlIll any payments for optional mortsa,. products !bat are cluu:jed to my account. . 7. A. The lCClion of the Note entitled, "Borrower'a RIght to Prepay" or oIternately "Borrower'. Paymeota Befo.. They Are Due,' j, amended by: a) adding to Ute end of the Bra, ........ 1he foUowlns langwIsa, " bot the Note Holder may apply any tendered paymeoll tinl to any amounts then due and owlns onder thIa NolO or uoder the Security Ina_."; h) de1etlng the aeoteoce which Ilatea, ''!be Note Holder wUl ... all 01 my prepaymenll to reduce the amouotofpriocipallball owe onder thIa Note. '; and c) addlns after the 6nal........ the foOowill8langUJse. "&oepl ... provlded to the "LcNm cr.a....." section (If BOy) or olberwlse provided by applicable law, the Note Holder ear.. any prepaid flOlnCe cbarge at 1he lime the loan Is IllBdo and no pan of it wUl be refunded il I pay in folI abead of schedule. " IlIl,U''''4Ta 4DDllNDUllI TO Ift~ FNllIM'Hl..NCNO'I'II<"'IIW) (JalDIC -- .....1Dl'3 ANTO:lI4.USM . B. If a prepayment <barge la _in..- With thI'loan, the aect10n of, the Note eotUlcd, "Loan~" Of BOy) Ia ameudcd by addlnllD the end of lbellna1 ""tence the Iollowinl langnage, without BOy prepayment cbarse. S. In the Slate of ~ a provIalon Ia added to the Note u IoUowo: ~ lor Rate ofIaterest. 1 _ to pay an eIlectlve_ fur.... ollnteratequolto the __. provided in this Note and the additlonal _ reaulllng from lilY Addltlonal Sumo. The AddlUonol Sumo IhalI oonsiat of all fees, c:basa, aood', lblnp In actlon or other ""'" or tbInp 01 value (Other than _t u provided In lhIa N~) paid or payable by me, _ _ to ibia Note, the Sec:urlty InatrumentlOCllring lhIa Note or BOy other docomeot or iIlBttUmenlin BOy w"1 pertaining to lhIa loan, that may be deomed to be _lor the purpoae of BOy law 01 the Slate 01 ArI7.ona that may limit the IIIIltlmum amount 01 Interest to be <:Iuqed wldl leIpcclto lbto 10111. The AddlUonal Sumo IhoII be _ to be addltlono! _lor the _ of BOy anch law OOly." 9. TIle _ 01 the Nnte attllled,."Lote CIwp lor Ovtl'due"Paymenla," Is amended by reploclll& the word "overdue" in the aecond ........ With the word 'oc:bodoled" _In the Stat.. of Colorado, Delswate, Idlho, MuaacbUJells, North Carolina; Rbodelaland (If _ by aleOOllllary .1Ien), Ulab and WiaoooJln In wbich the _ "ovmlue" IhoIl be repl~ with "unpaid amount of the.' If the Note ls a fixed _ Note, after the llIlII_..... add the following langnage, "Any late c:barJO will be In addiUon 10 _ on 1he theo oolltandlnS priDcipallor esch day the payment is I...." 10. TIle _ of the NOlO attllled, 'NoU<e of Default" and "Uniform Note," ....1I1IODIIcd by chanslns the _ of delauJt or _to be at leaat 60 dalll1 the loan ls IO<Ured by . oeooodary Den on ml)mlpltly In the Slate of Connecdcut aod at leu' 35 dalllf the loan Is _ by a Den on ml pmpany In the Slate of 0kIab0ma. 11. If thls 10 an ll\iuBlable .... Note, theo 1he IUbPorqrapI! entilled, "Tnnaf... 01 the Property or a Beneficial 10_ In Borrower,' to amended by delet1ngthepmvialoo.! relal1ng to usumptIonolthe loan. 12. Ex<ept fur the St"'of Kentucky, the _01 the Note entiOed. 'Payment 01 Note Holder'a Coatuncl Expenses,' 10 deletod In its eotlrely and 10 repl~ by the IoIlowin& Iaoauase: 'If 1 deIauJ', wbelber or DOl the Note Holder hu required me to pay Immedlate1y in full . deacrlbed above. the Note Holder Will bave the riJlb. to be paid _ by me lor all 01 Its COIls and _ In enfurelng thi, Note to the extent not probibltcd by applicable law. Tboae _ 1nc1nde, fur OltBlIIp!e. reuonable Bllontey,' f<eo, oo11eetion ooala and _. aervIcIng fees. and diJbonored <beck cbarSes to the 101.... .._ not problbited by appllcablelaw. ' 13. In the Stale ofKeotucky. the _ of the Note entiOed, "Payment of Note Bolder', Colla and Expenses," Is deletod In its eotlrely aod replancd by the Iollowlns 1_: "Ill dalluJt, wbether or not the Note Holder hu required me to pay Immedlate1y In full . d=ribod above. the Note Holder Will bave the rIpt to be paid _ by me lor all of its ooals BOd _In enfornlna lhIa NO!< to the _. not problblted by opplO:abIe law. Tboae _ iDclude, for example, reuonable attorney,' fees not In...... 01 IIlleeo percent (\5") 01 the lIlIpaid bal.... of the loan paid 10 an Bllorney DOl a aoIar1ed ~oy<e 01 the Note Ho\cler. I will 01.. pay . reuonable chatse lor _ dlabonored checI:, draft or other lnotromeo. laoued by me in payment on lhIa loan.' 14. '!be - of the Note entilled, .ObI1ptIooaJR.........,utty or ........ Under ThIs Note," ls amended by addlns 1he IoIlowlns langnage to the end of the 1lrBl_: "plua the cIws.. .. dasortbed In 1he _ entilled. 'tete Cbarges lor Overdue Paymenti" and "Paymeot 01 Note HoIder'a Coats and ElqJcouea." In Idaho, Matyland, South DaItota, T.... and Utlb, In addiUon to c:basa apeclfied _in lbls Note, In the Secority IIII1nunent liven to aecure lhIa Note, or In any other ......... In ..........Ion With lhIa Note, 1 _ to pay !be 100owlnBif <barged In c:cnmectloIl with thI,!oan: 1he Leoder"IllOnIeya'Jc\OIln1qents' toea lor servlceo rendered in _on With the preparation, clooin" and dlsb1lllOlllellt of the loan; any exp_. lax or cbarse paid '0 a goveromeotal -; _Ion of titie, appralaa1 or 00ItI .....,trY or _rille to the IeCllrity of the inIIl; premiUDll lor credit life, credit accident and beoIth, credit dlsabUlty, InvollDllary unetop\oyment benefit aod limIIar Iuaurance oover_ bur only If the Iuaurance Ia opOonal wllb me; premllllDIlor propeny lnaur.... and titieluaurance from an Inaurer of my choice: deIemJ fees; relinaDelns cbarsea; points; I100d certification rceo; aod any other cbars". but not iDcluding lilY fees or c:basa for any aervice! for which I may Dot be charsed under the Truth In Lending Act. the Real E..... Settlement Procedures Act or any .- statute or regulation. " IS. In the State ofV1rginla, the firstllC91tcnce in the cectioo of the Note (fIorm 3200. 3260 or 3520) entiUed. "Waivers, II 11 deleted and ammded to read as (oUowa: -I and any other penon who bas obligations UDder 1bil Note waive the riJhll of presentment and IlOtlce of dishonor 8Dd waive the _ exemption.' 16. In 1he Ohio (Ponn 3936) aod Muaach...... (Form 3922) Seoond Mortgage No.... thellllll two --.. of the_on entitled, Borrower', Peyments Beron They Are Du~ II are deleted. 17.A. In the State of New York. if the lORD is a Balloon Payment Loan then I new Icc:tion b; added to the Note III follows: ''NOTICE OF MATURITY I will ft:Ceive a notice Ofmaturit)'DOt less than o1nety (90) days DOr more than one hundred twenty (120) days prior to the maturity 01 the loan. THE TERM OF THE LOAN IS 30 YEARS. AS A RESULT, YOU WILL BE REQlI1RED TO REPAY THE 1lNTIRE PIlINCIPAL BALANCE AND ANY ACCRUED INTERIlST THEN OWING 30 YEARS FROM TIlE DATE ON WBICH THE LOAN PROCEIIDS ARE DISBUlISED. ",",TIft'4'ftAllbBMlUMro ISTI2HtI JlNMA/PHLMc:lOI'BOIll1II} ......, .......... AN1Q]1....t/IM ""'2otl THE LENDER BAS NO OBLIGATION TO IlEFINANCE TBIS LOAN ATTHE END OF ITS TEBM. TIIIlIlBFORI!, YOU MAY BE REQUIIlED TO UPA Y THE LOAN OUT OF ASllEI'S YOU OWN OR YOU MAY HAVE TO FIND ANO'I'BER LIlNIlER WILLING TO REnNANCE THE LOAN, ASSUMING TBIS LENDER OR ANOI'B1!R LENDER IlIlFINANCEIl THIS LOAN AT MATURITY, YOU WILL PROBABLY BE CBAkGllD INTEREST ATMAIIKET IlATES PREVAILING ATTRAT TIMIIAND SUCH IlATES MAY BE mGSER THAN TBE INTEIlESI'IlATE PAID ON Tills LOAN. YOU MAY AI.SO HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED wrm A NEW MORTGAGE LOAN," B. In the s.ate 01 New York. If the Securlry _ wbich lIt1II'es the Note Is aleOOlld or )lIn1orprlorltySecurlty !oatnIment then the lol1owlns _ appUes aod a new provlaion Is added .. followa: 'DEFAULT IN TBEPAYMENT OF 'l'BIS LOAN AGREEMENT MAY RESlJLTIN TBE LOSS OF THE PROPERTY SECURING TBE LOAN, UNDER FEDERAL LAW, YOU MAY HAVE THE RlGRT TO CANCEL TBIS AGRlII!MJtNT, IF YOU HAVE TBIS RlGRT, THE CIlllDrroR IS lIJ!QUIIlllD TO PROVIDE YOU wrm A SEPARATE WIU'I'TEN NanCE SPECIFYING TBE CIRCVMSTANCES AND TIMES UNDER wmCHYOU CAN EXERCISE THIS RIGRT;" IS. A ptOvlalon la addod to the Note. followl: 'ADDmONAL SERVICING I'EES: In addition to cbar&es ~ eIaewbere In lhI, Note, in the Security - Ji>a '" IOCIItO lhIa Note, or 10 any .- qreemenllo connection with thls NO!<. I ...... to pay, 10 the fuI1eat..- DOl probIblted by appl1cablelaw, the foI1owinSlf clwaed 10 _ wilb thls !nan: any ..... lmpoaecI by the Leoder', dlscIwge or aatlsla.t1on of llen(,) (_ upon payment In full, acceIermion or maturlry): payoff _Icbar...: delivery cbarsea: 1mpectIon..... and/or payment blalory cbarses.' 19. A pzovlsiollll added to the NO!< . followl: A. 'APPLICABLE LAW. Tblo Note IhoII be governed by fedetallaw aod, to the ""_DOllnooosiateot wilb or more -.. than IedonIlaw or roguIIlIon governing the Lender, the lawa of lb. JurIad1ctIon In wbJch 1he ptOperl]I deftned 10 the SecurIty _ . the 'Property' II located. In the event of a ooolUct between Illy provialon 01 thls Note and BOy anch law or reauJatloo 10 effect . of the date of lhJa Note, aucb law or rell1dlllloo IIbaII ooottnlto the ..- of anch ooo1lid aod the ....~l"':"a pnMaloo oontaloed In thll Note IhalI be wltbout effect. All other pzovlslnna of thi, Note wW mnain fully'effective an4 enforceable.. . B. In the _ of Marylaod, Minn..... BOd Obio a ptOvlsiollls added 10 the Note II follows: Maryland: '!be Lender e1.... to toalre finl mortpae loana under Md. Com. l.aw Coda Ann. title 12, 'ubtltJel aod the Lender 01.... 10 moire _ mortaaaeloana under Md. Com, l.aw Coda Ann. title 11, IUblll1e 10. _a: If one 01 1he boaea below ls cbeckod, the Lender Is ""teDdlJ!Lcrcdit and the _ rate on thls Note ls cbara!!! putIIlBI1llO lbe apeclfred provision of the MIoneaota 51""...: 0 Sectlona47.20 aod47.:!04 0 Cbapter 56 0 Other: Sectloo . . """,,""'.. Oblo: If lhIa II a lint _age inIIl, anch loan I' made p1Ir1UJIlt to _100 1343 01 the Obio Revised Code II preempted by the usury provlslona.ol PubOe l.aw 96-221, aod the letmI of this loan are oot RlbJect to any pzovlslona of the Oblo MonJIIC Loan Act. . 20. If the Note II .eeured by a ICOOnd or junior Den on real property iocatcd In the Stale 01 Iowa, the. the foOowlns pzovlsloo app\\ea: UnI... olberwlaepreempred by oppllcable federal or other Inw, lbe Blloreey,...... provlslon In lbe _100 entitled. "Po,.....,t 01 Hole HoIder'a Costs and Expenoea" II deleted In ita entlrely. 21. If \be Note II ..ipod or transferred. 011 or a portion of IhiI AddelIdam to Note may be voided at the option of the assignee or trlDlferee. Any tennI and provisioDl of the Addendum to Note which are voided will be governed by 1M originallennrl aDd proviaioDl of the Note. BY SIGNING BIlLOW, Borrower ac<eplI BOd _ to lbe temJs aod provislon, oontalned In thls Addendum to Note. d-/ / j(.;(.,r- CHAD D. LEFOR.TE (Seal) Borrower (Seal) Borrower (Seal) Borrower (Seal) Borrower (Seal) Borrower (Seal) Bonower NUl.TSrAlIADD8rtOlIrIIl'OlJMNO I'HtoIM'HUICI'<<1l'B(;S4.W) """"" -- ,.."Jars AHt'lDlA.USM Exhibit 'C' " ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE March 31, 2004 CHAD D. LEFORTE 15 COLD SPRINGS ROAD CARLISLE, PA 17013 TIllS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIQUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on your home is in defaull and the lender intends to foreclose. Specific infonnation about !he nature of !he default is provided in !he attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how !he \lro!(fam works. To see ifHEMAP can help. you musl MEET WITH A CONSUMER CREDIT COUNSELING AGENCY: WITIlIN 30 DAYS OF THE DATE OF TIllS NOTICE. Take !his Notice wi!h you when yOU meet the Counseling Af',ency. The name, address and phone number of Consumer Credit Counselin~ Agencies servin!,: your County are listed at !he end oflhis Nolice; If you have any questions. you may call !he Pennsylvania Housing Finance Af',encv toll free at 1-800- 342-2397. (Persons wi!h impaired hearing can call (717) 780-1869). This notice contains importanllegal information. If you have any questions, representatives at !he Consumer Credit Counseling Agency may be able 10 help explain it. You may also wanl to contacl an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. IS NO COMPRENDE EL CONTENfDO DE ESTA NOTIFlCACION OBTENGA UNA TRADUCClON lNMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADA ARRIBA. PUEDES SER ELEGlBLE PARA UN PREST AMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDA SAL V AR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. ., STATEMENTS OF POLICY HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT, NO,: ORIGINAL LENDER CURRENT LENDER/SERVICER: CHAD D, LEFORTE 15 COLD SPRINGS ROAD, CARLISLE, PA 17013 7401136 EQUITY ONE INCORPORATED EMC MORTGAGE CORPORATION SERVICING AGENT FOR LA SALLE BANK. N.A. 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 DEF AUL T HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled 10 a temporary stay of foreclosure on you mortgage for thirty (30) days from the date of this Notice. During that time you musl arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed al the end oflhis Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. 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 -Ifvou meet with one of the conswoer credit counseling agencies listed at the end of this notice the lender may NOT take action againsl vou for thirty (30) davs after lhe date of this meeting. The names. addresses and telephone nwobers of designated conswoer credil counseling agencies for the county in which the properlY is located are set forth at the end of this Notice. I1 is only necessary to schedule one face-lo-face meeting. Advise your lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSIST ANCE- Your mortgage is in defaull for the reasons set forth later in this Notice (see following pages for specific information aboul the nature of your default). If you have tried and are unable 10 resolve lhis problem wilh the lender, you have the right to apply for fmancial assislance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out sign and file a completed Homeowner's Emergency Assislance Program Application wilh one of the designaled conswoer credit counseling agencies lisled 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. Your applicalion MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIA TEL Y AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. . , AGENCY ACTlON- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency ll\lder the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified direclly by the Pennsylvania Housing Agency of its decision on you application. NOTE; IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE 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 (Brin~ it up to date) NATURE OF THE DEF AUL l' - The MORTGAGE debt held by the above lender on your property localed at: 15 COLD SPRINGS ROAD, CARLISLE, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for lhe following months and the following amounts are now past due: 8/2/03 lhru 3/2/04 at $663.55 per month. Monthly Payments Plus Late Charges Accrued: Property Inspection: Other: NSF: Attorney fees: (Suspense) TOTAL AMOUNT TO CURE DEF AUL T $6,390.95 $0.00 $0.00 $80.00 $50.00 ($0.00) $6,520.95 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not ap\llicable): NIA 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 $6,520.95 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payment must be made either bv cashier's check. certified check or money order made payable and sent to: EMC MORTGAGE CORPORATION, TWO MAC ARTHUR RIDGE. 909 HIDDEN RIDGE DR.. #200, IRVING TX 75038 ATTN: DEBORAH CUTCHSHA W. You can cure any other default by taking the following aclion within THIRTY (30) DAYS of the date of this letler. (Do not use ifnot applicable) N/A. IF YOU DO NOT CURE THE DEF AUL l' -If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means thai the entire outstanding balance of this debt will be considered due immediately and you may lose lhe chance to pay the mortgage in monthly installments. Iffull paymenl of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclosure upon vour mortgage property. IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney, 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, iflegal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amounl to the lender, which may also include other reasonable costs. If vou cure the default within the THIRTY (30) DAY period. vou will not be required to pav attornev'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, vou still have the right to cure the default and prevent the sale at anv time up to one hour before the Sheritrs Sale. You mav do so by paying the total amount then past due. plus any late or other charges then due, reasonable attorney's fees and cosls connected with the foreclosure sale and any other costs connecled with the Sheritrs Sale as specified in wriling by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this nolice will reslore your mortgage to the same posilion as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such a Sheritrs Sale of the mortgage property could be held would be approximalely SIX (6) MONTHS from the dale of this Notice. A notice of the actual date of the Sheritrs Sale will be senl to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find oul at any lime exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER- EMC MORTGAGE CORPORATION TWO MAC ARTHUR RIDGE 909 HIDDEN RIDGE DR., #200 IRVING TX 75038 CONTACT: DEBORAH CUTCHSHA W TEL NO. (972) 444-3338 EFFECT OF SHERIFF'S SALE- You should realize lhal a Sheritrs Sale will end your ownership of the mortgaged property and your right to occupy it. If you conlinue to live in the property after the Sheritrs 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 _ mayor XX may not (check one) sell or transfer your home to a buyer or transferee who will assume the mortgage debl, provided that all the outstanding payments, charge and attorney's fees and cosl are paid prior to or at the sale that the other requirements of the mortgage are satisfied. .' YOU MAY ALSO HA VB THE RIGHT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITIlTION TO PAYOFF 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 DEF AUL THAD 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.) . TO ASSERT THE NONEXISTENCE OF A DEF AUL T 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 IS ATTACHED. DER NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT ************************************************************************ I. This is an attempt to collect a debt and any information obtained will be used for the purpose. 2. Unless you dispute the validity ofthis debt, or any portion thereof, within thirty (30) days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within thirty (30) days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. 4. If you notify our offices in writing within thirty (30) days of receipt of this notice, our offices will provide you with the name and address of the original creditor, if different from the current creditor. t1t:MAP ~ounseling Agency List as of 4/1/02 " . Adams County HousIng Authority' 139~143 Carlisle St, Gettysburg, PA 17325 (717) 334~1518 CCCS of Western PA 2000 L1nglestown Road Harrisburg, PA 17102 (717) 541-1757 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Financial Counseling Services of Franklin 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 Loveship, Inc, 2320 North 5th Street Harrisburg, PA 17110 7172322207 PHFA 2101 North Front Street Harrisburg, PA 17110 800-342-2397 Urban League of Metropolitan Hbg 2107 N, 6th Street Harrisburg, PA 17101 (717) 234-5925 . VERIFICATION The undersigned hereby states that the statements made in the foregoing pleading are true and correct to the best of hislher knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 N(J~ 1t1Crr .0 ........ ~ vt ~ () D jjCjV f)~ t --........c. (-', ':'<) C) -ri :~-@ . , , c ',-"" '," ( " c. " SHERIFF'S RETURN - REGULAR CASE NO: 2004-02579 P COMMONWEALTH OF PENNSYLV~IA: COUNTY OF CUMBERLAND LASALLE BANK NA VS LEFORTE CHAD D JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LEFORET CHAD D the DEFENDANT , at 1430:00 HOURS, on the 14th day of June 2004 at 15 COLD SPRINGS ROAD CARLISLE, PA 17013 by handing to NORA LEFORTE, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 4.14 .00 10.00 .00 32.14 So Answers: r~~ R. Thomas Kline 06/15/2004 GREGORY JAVARDIAN Sworn and Subscribed to before By: 4 uty Sheriff me this JIAk day of CIAM..'.2u1;Cf A.D. C).<.vIL 0 "'fvtAl~ ~ d..r . Prothonotary' -("7 LAW OFFICES OF GREGORY JA V ARDIAN By: GREGORY JA V ARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE !OI SOUTHAMPTON, PA 18966 (215) 942-9690 LASAllE BANK, N.A., FfKJA COURT OF COMMON PLEAS LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND CUMBERLAND COUNTY SERVICING AGREEMENT DATED 12/01/1999, SERIES 1999-4 No.: 04-2579 CIVil.. TERM 909 HIDDEN RIDGE DRIVE, SUITE 200 IRVING, TX 75038 vs. CHAD D. LEFORTE 15 COLD SPRINGS ROAD CARLISLE, PA 17013 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against CHAD D. LEFORTE, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As Set forth in Complaint Interest 5/5/04 to 8/3/04 TOTAL $67,463.58 1,514.70 $68,978.28 Damages are hereby assessed as indicated. DATE: ~ &. {)tJOV /51(l~~ ~pY!J PRO PROTHY I LASALLE BANK, N.A., FIK/A In The Court of Common Pleas LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND Cumberland COlmty SERVICING AGREEMENT DATED 12/01/1999, SERIES 1999-4 No. 04-2579 CIVIL TERM Plaintiff v. CHAD D. LEFORTE Defendants TO: CHAD D. LEFORTE IS COLD SPRINGS ROAD CARLISLE, P A 17013 DATE OF NOTICE: July 9,2004 NOTICE, RULE 237.1 IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims se forth against you. Unless you act within ten (10) days from the date of this notice, a judgment maybe entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go 10 or telephone the following office to fmd out where you can get legal help. Cumberland County Bar Association Lawyer Reference Service 32 S. Bedford Street Carlisle, PA 17013 (800) 990-910 (717) 249-3166 Gregory Javardian, Esquire 1310 Industrial Boulevard 1" Floor, Suite 10 I Southampton, P A 18966 (215) 942-9690 Attorney for Plaintiff Usted se encuentra en estado de rebeldia por no haber tornado la accion requiida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (l0) dias de esta notificacion, el tribunal podra, sin necesidad de compararecer usted en corte 0 escuchar prueba alguna, dictar sentencia en su contra, usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatemente si usted no tiene abogado, 0 si no tiene dinero suficienle para tal servicio, vaya en persona 0 llame por telpfono a la oficina, cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assistencia legal. "NOT1CE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE" ~ Q -D \ '< C" ~ ~ Q C> () .,....... --+-- ~ .' ,.., 'SLJ ~ \r~, >- ~ :3 "- V\ ~ V1 '-'" ~ -.c::. 0 <. -' <:::> <:) :" ~ ~ - .a :> LAW OFFICES OF GREGORY JA V ARDIAN By: GREGORY JA V ARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 LASALLE BANK, N.A., F/K/A COURT OF COMMON PLEAS LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND CUMBERLAND COUNTY SERVICING AGREEMENT DATED 12/01/1999, SERIES 1999-4 No.: 04-2579 CNIL TERM vs. CHAD D. LEFORTE VERIFICATION OF NON-MILITARY SERVICE GREGORY JA V ARDIAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) Defendant(s), CHAD D. LEFORTE , is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) Defendant, CHAD D. LEFORTE, is over 18 years of age, and resides at 15 COLD SPRINGS ROAD, CARUSLE, PA 17013. (c) Plaintiff, LASALLE BANK. N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED 12/01/1999, SERIES 1999-4, is an institution conducing business under the Laws of the Commonwealth of Pennsylvania with an address of 909 HIDDEN RIDGE DRIVE, SUITE 200, IRVING, TX 75038. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. L GrGO~ J RDIAN, ESQUIRE t-._) ("; COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LASALLE BANK, NA, F/KJA COURT OF COMMON PLEAS LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND CUMBERLAND COUNTY SERVICING AGREEMENT DATED I2/0IlI999, SERIES 1999-4 No.: 04-2579 CIVIL TERM 909 HIDDEN RIDGE DRIVE, SUITE 200 IRVING, TX 75038 vs. CHAD D. LEFORTE 15 COLD SPRINGS ROAD CARLISLE, PA 17013 PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly issue Writ of Execution in the above matter. Amount Due $68,978.28 Interest from 8/3/04 to Date of Sale @ $11.33 per diem Subtotal (Costs to be added) $ $ omey I.D. #55669 13 10 Industrial Boulevard 1 st Floor, Suite 101 Southampton, PA 18966 (2 15) 942-9690 ALL THAT CERTAIN tract ofland, situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at the intersection of line of land formerly of WaIter S. Bear and now of Robert D. Hoch and wife, known as 17 Cold Springs Road and Cold Springs Road; thence from said point at the place of beginning in a northerly direction along the said Cold Springs Road 150 feet to a point; thence in an easterly direction 110 feet more or less to the line of lands formerly of S.A. Clippinger; thence in a southerly direction 150 feet to a point in line of said lands formerly of Walter S. Bear and now or formerly of Robert D. Hoch; thence in a westerly direction along line of said land of Hoch, 110 feet, more or less, to a point at the place of BEGINNING. HAVING thereon erected a dwelling house known as 15 Cold Springs Road. BEING THE SAME PREMISES which James K. Kramer and Wendy S. Kramer, husband and wife, and Jeannie L. Briggle, by Deed dated October 28, 1999 Imd recorded November 9, 1999 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 211, Page 265, granted and conveyed unto Chad D. Leforte. UNDER AND SUBJECT to an existing 20 foot right of way along the southern side ofthe property allowing ingress and egress to the adjacent property. PARCEL NO. 08-31-2197-021. ~ ....... .... ~ (') ~ ~ GoO ~ = 0- "- v"1 c = --- - ~ ;-0 ~ "tJ&; ..,.. ~ (J ....c. ':"l VI ::- 3'! 0 I"T'I'" c::: m:n ~ ~ ~ 0 ~ '8 0 0 z:::LJ G":> hi 0 -c -:""r N f86 ...c.. Q ~'5'-.. --... _/ ....... 'P r" '" ~ r- -"" ~ ~ ~f3 -0 =;:!-g 0~ vI ---- r S>- ::r -'~,.. ( ~ ~rn ~ ~ ~ ::;::, -.- ~l .c- ~ ~ ~ ~ W l: --< ~ N Xl => ~ -< ~ y--. ~ ~ j WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LASALLE BANK, N,A" FII{fA LASSALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED 12/1/1999, SERIES 1999-4 909 HIDDEN RIDGE DRIVE, SUITE 200, IRVING, TX 75038 N004-2579 Civil CIVIL ACTION - LAW Plaintiff (s) From CHAD D. LAFORTE, 15 COLD SPRINGS ROAD, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DISCRIPTION (2) You are also directed to attach the property of the defendant(s) not levi.ed upon in the possession of GARNISHEE(S) as follows: and 10 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; (2) If property of the defendant(s) not levied upon an subjecl to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that helshe has been added as a garnishee and is enjoined as above stated. Amount Due$68,978.28 L.L. $,50 Inlerest From 8/3/04 to Date of Sale @ $11.33 per diem Arty's Comm % Due Prothy $1.00 Arty Paid $114.14 Other Costs Plaintiff Paid Date: August 27, 2004 REQUESTING PARTY: Name GREGORY JA V ARDIAN, ESQ. Address: 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 Attorney for: PLAINTIFF Telephone: 215-942-9690 Supreme Court ill No. 55669 - ".._'O"..~ t'n~'J"-' rr,;~~"f r:'-'t""':;~ k,::,..t.j/('H..~ ,/t" (.. ',.,-'. '.':'; '. ,.>- - - ,- . . .. . ".','."<;It"1Yi'laI1" In,^l ,,"-t ,', '-. , . '~'~"" ,~;"'~;l~~:;r~~>, Ps. ,',1:,_' (',. "ft. '..' '~... ()cn':f.. "'~h'" .. I \1i' ~.~___ '-... ~ ~\n::1)':onm~:\ry LA W OFFICES OF GREGORY JA V ARDlAN By: GREGORY JAVARDlAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 LASALLE BANK, N.A., F/K/A COURT OF COMMON PLEAS LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND CUMBERLAND COUNTY SERVICING AGREEMENT DATED 12/0111999, SERIES 1999-4 No.: 04-2579 CIVIL TERM vs. CHAD D. LEFORTE CERTIFICATION TO SHERIFF OF CUMBERLAND COUNTY AS TO THE SALE OF REAL ESTATE I hereby certify that I am the attorney for the Plaintiff in this Mortgage Foreclosure Action and further certify this Property is: ( ) FHA () Tenant Occupied ( ) Vacant ( ) Commercial ( ) As a result of Complaint in Assumpsit (X) Act 91 complied with j~' RDIAN, ESQUIRE ntiff o c :<:: -Oel) n"r\, .~f~'; ~:.., .....,., etJ "'7<' -::::....c..., r;:: --' ~(''':; ~~(:) >c ~ ...... "'" ~ .".. c:: G") N ....J -0 :x z:;- o' N IV ~ :i! r'i1~ -ell:? 80 ~:n 0-- zc., .)rn "'" ~ LASALLE BANK, NA, F/K/A LASALLE COURT OF COMMON PLEAS NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING CUMBERLAND COUNTY AGREEMENT DATED 12/0111999, SERIES 1999-4 No.: 04-2579 CIVIL TERM vs. CHAD D. LEFORTE AFFIDAVIT PURSUANT TO RULE 3129.1 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 15 COLD SPRINGS ROAD,CARLISLE,PA 17013: I. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CHAD D. LEFORTE 15 COLD SPRINGS ROAD CARLISLE,PA 17013 2. Name and address of Defendant(s) in the judgment: CHAD D. LEFORTE 15 COLD SPRINGS ROAD CARLISLE,PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably asc(:rtained, please indicate) Plaintiff. 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, P A 17013 Cumberland County Tax Claim Bureau I Courthouse Square Carlisle, PA 17013-3387 Dept. of Public Assistance 33 Westminster Drive, P.O. Box 599 Carlisle, PA 17013-0599 PA Department of Public Welfare Bureau of Child Support Enforcement Health and Welfare Building - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably asce:rtained, please indicate) Tenants/Occupants 15 COLD SPRJNGS ROAD CARLISLE, Pi\. 17013 NORA LEFORTE 15 COLD SPRJNGS ROAD CARLISLE, Pi\. 17013 I verify that the statements made in this aflidavit are true ,md correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. August 21, 2004 ,n--,l ARDlAN, ESQUIRE laintiff (") c- .;;i: '"t.,ei'" n-'-~~ G~,(' ci) -- ~. fa ~ -c '" <=:;> = .c- :to- e:: co, N ..... ~ ~iiJ -"m i:Sg ::;:J..," o~ :? d ;ji;! .:.0 -< -.:> :x .c- N - LAW OFFICES OF GREGORY JA V ARDlAN By: GREGORY JA V ARDlAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 LASALLE BANK, N.A., F/K1A LASALLE COURT OF COMMON PLEAS NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING CUMBERLAND COUNTY AGREEMENT DATED 12/01/1999, SERIES 1999-4 No.: 04-2579 CIVIL TERM vs. CHAD D. LEFORTE NOTICE OF SHERIFF'S SALE OF RlIAL PROPERTY TO: CHAD D. LEFORTE 15 COLD SPRINGS ROAD CARLISLE, PA 17013 Your house (real estate) at 15 COLD SPRINGS ROAD, CARLISLE, PA 17013, is scheduled to be sold at Sheriff's Sale on JANUARY 7, 2005 at 10:00 A.M., in the Cumberland County Courthouse, I Courthouse Square, Carlisle, P A 17013, to enforce the court judgment of $68,978.28, obtained by LASALLE BANK, N,A., FIK/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AIGREEMENT DATED 12/0111999, SERIES 1999-4, against you. NOTICE OF OWNER'S RIGI:!TI! YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 942-9690. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPI~RTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 942-9690. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call Gregory Javardian, Esquire at (215) 942-9690. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5 . You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days. 7. You may also have other rights and defenses, or ways of getting YOur home 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 BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-31/16 (800) 990-9108 ALL THAT CERTAIN tract of/and, situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at the intersection of/ine of/and formerly of Walter S. Bear and now of Robert D. Hoch and wife, known as 17 Cold Springs Road and Cold Springs Road; thence from said point at the place of beginning in a northerly direction along the said Cold Springs Road 150 feet to a point; thence in an easterly direction 110 feet more or less to the line of/ands formerly ofS.A. Clippinger; thence in a southerly direction 150 feet to a point in line of said lands formerly of Walter S. Bear and now or formerly of Robert D. Hoch; thence in a westerly direction along line of said land of Hoch, 110 feet, more or less, to a point at the place of BEGINNING. HAVING thereon erected a dwelling house known as 15 Cold Springs Road. BEING THE SAME PREMISES which James K. Kramer and Wendy S. Kramer, husband and wife, and Jeannie L. Briggle, by Deed dated October 28, 1999 and recorded November 9, 1999 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 211, Page 265, granted and conveyed unto Chad D. Leforte. UNDER AND SUBJECT to an existing 20 foot right of way along the southern side of the property allowing ingress and egress to the adjacent property. PARCEL NO. 08-31-2197_021. . ::r\ ...-'- " :t::o>f:l- ~ .::> ~~Lr ?-c:~ ::+::::..,,:;;.....\~ ~ -;; "-<::> <;\..J -+- --, C> ::;- .::> <2> a -L- ;:s r --, ----< ~ ~ L~W OFFICES OF GREGORY JA V ARDIAN By: GREGORY JA V ARDIAN, ESQUIRE IDENTIFICA TION NO. 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 LASALLE BANK, N.A., FIKlA COURT OF COMMON PLEAS LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND CUMBERLAND COUNTY SERVICING AGREEMENT DATED 12101/1999, SERIES 1999-4 No.: 04-2579 CIVIL TERM vs. CHAD D. LEFORTE AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 I hereby certify that I have sent copies of the Notice of Sheriff Sale to the Defendants' certified and regular United States mail and all lien holders or judgment creditors of record as required by Pa,R,C.P, by first class United States mail, postage prepaid, on the date set forth below, (See attached Exhibit "A"). Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PAl 7013 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013-3387 Dept. of Public Assistance 33 Westminster Drive, P,O. Box 599 Carlisle, P A 17013-0599 T enants/Occupants 15 COLD SPRINGS ROAD CARLISLE, PAl 7013 CHAD D. LEFORTE 15 COLD SPRINGS ROAD CARLISLE, P A 17013 NORA LEFORTE 15 COLD SPRINGS ROAD CARLISLE, PA 17013 P A Department of Public Welfare Bureau of Child Support Enforcement Health and Welfare Building - Room 432 P.O. Box 2675 Harrisburg, P A 17105-2675 Dated: / J I, bY JA ~RDIAN, ESQUIRE for P intiff 7160 3901 98~8 1415 8962 TO: Tenants/Occupants 15 COLD SPRINGS ROAD CARLISLE, PA 17013 SENDER: TEP REFERENCE: Leforte, PS Form 3800. June 2000 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted DeDvery Total Postage & Fees US Postal Service Receipt for Certified Mail No Insurance Coverage PlovIded Do Net Use for Intemational Mall .37 2.30 1.75 4.42 POSTMARK OR DATE 7160 3901 98~8 7~15 8979 TO: CHAD D. LEFORTE 15 COLD SPRINGS ROAD , CARLISLE, PA 17013 ! I .:'::::,:: SENDER: TEP REFERENCE: Leforte, C. ~ PS Form 3800. June 2000 ! RETURN Postage 1 RECEIPT Certified Fee l SERVICE i Retum Receipt Fee I Restricted DeDvery \ Total Postage & Fees .37 2.30 1.75 4.42 US Postal Service POSTMARK OR DATE Receipt for Certified Mail No Insurance Coverage Provided Do Not Use fOI Intemational MaA 7160 3901 98~8 7~15 8986 TO: NORA LEFORTE ISCOLDSPRlNGSROAD CARLISLE, PA 17013 SENDER: TEP REFERENCE: Leforte, PS Form 3800. June 2000 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Derntery Total Postage & Fees .37 2.30 1.75 4.42 US Postal Service POSTMARK OR DATE Receipt for Certified Mail No Insurance Coverage Plovided Do Not Use for Intelnational Mall ~,jI;" ~{< -!<{;: '" {. i< -l<.r. '1{- III I~-I II 0 :"!,, JI ("'-,~ Il~t a ~~ J"I IH~1l- :~! /II r~ , ~t ,fib \i.~."."'_P"ti en-" :"i.i~'~.~~. _._JJ.. H.~ ~"C.....~ :;1'-') ,'" f' ~:1"" I- ,.') 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I'll .. rn .. u <II( >> U I'll > 'i: 0- CII CII rn c CD D. C '0 D. iii ID ~ 0 ~ .5 ..: :I ... ., ~ ~ c. ~ .~ >. Ql .c 01 CD .~ Gi '0; 1i " e e 0 '!5 (,) ., E ~ '-=- Iii 0.. Iii 'lil 10 I~ 0.. '" CIl fl<> .!!!5 c;;- o..- '0 I~~ ~ E'tl 0 It ~ !:h. Is'~ ~ {:.lr 0 f------ ~ I", ~ I B Il> I'~~ ~ o~ .... ~t: co 1l~ M i~~ E iZ_ 0 '1O.! u. 10 ,!!) (/) ......J a. .. November 1,2004 REVISED NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: AlL PARTIES IN INTEREST AND CLAIMANTS OWNER(S): CHAD D, LEFORTE PLAINTIFF/SELLER: LASALLE BANK, N.A., FIKI A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED 12/0111999, SERIES 1999-4 DEFENDANT(S): CHAD D. LEFORTE PROPERTY: 15 COLD SPRINGS ROAD CARLISLE, P A 17013 CUMBERLAND C.C,P, NO, 04-2579 CIVIL TERM The above captioned property is scheduled to be sold at Sheriffs Sale on DECEMBER 8. 2004 at 10:00 A,M" in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, You may hold a judgment on the property, which may be extinguished by the sale, You may wish to attend the Sheriff's Sale to protect your interest. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale, Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule, Sincerely, ~ .~~; .of~ ory avar uire Law Offices of Gre ory Javardian 1310 Industrial Boulevard 1st Floor, Suite 101 Southampton, P A 18966 (215) 942-9690 .........,,"11 ~-' j, . rll,1 r I 1;:: ~ i c/'> -/ . r-" t ) ~~C~'"") i;~} ~ () C ;;::r. ,..", = <;:;;:> .>;:- -- C5 -< I U1 -0 :x N .. Ul \.0 o 11 ....... :r-n rnf;;;; -~"Tl -iSb C) .1 --jC-' .;., ::Tj -". r 0-- -';"0 Orn 'i~ ::0 -< AMENDED RETURN LaSalle Bank, N.A., f/k/a LaSalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated 12/01/1999, Series 1999-4 VS Chad D. Leforte In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-2579 Civil Term Ron Kerr, Deputy Sheriff, who being duly sworn according to law, states that on September 07,2004 at 2:51 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Chad D. Leforte, by making known unto Jennie Briggle, mother in law of Chad D. Leforte, at 15 Cold Springs Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on November 4,2004 at 3:12 o'clock PM, he served a true copy of the within Amended Notice of Sheriffs Sale, in the above entitled action, upon the within named defendant, to wit: Chad D. Leforte, by making known unto Jennie Briggle, mother in law of Chad D. Leforte, at 15 Cold Springs Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Ron Kerr, Deputy Sheriff, who being duly sworn according to law, states that on October 07,2004 at 7:23 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Chad D. Leforte located at 15 Cold Springs Road, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Chad D. Leforte, by regular mail to his last known address of 15 Cold Springs Road, Carlisle, PA 17013. This letter was mailed under the date of October 07, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Gregory Javardian. Sheriffs Costs: Docketing 30.00 Poundage 14.11 Posting Bills 15.00 Advertising 15.00 Law Library .50 ~ /J I.'::> r6 4 ~ 4'.' q'V (..~jl.\\ Prothonotary Mileage Levy Surcharge Postpone Sale Law Journal Patriot News Share of Bills 1.00 17.76 15.00 20.00 20.00 270.05 270.97 30.42 $719.81 Sworn and subscribed to before me ~~~ This .;(. r; day of:~.,,"p ')1 .. A if 2005, A.D11- 6,- , .~ Prothonotary ~ R. Thomas Kline, Sheriff BY\,)Cc&..1/iJ---t.h Real Esta Deputy , , LASALLE BANK, N.A., F/K/A LASALLE COURT OF COMMON PLEAS NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING CUMBERLAND COUNTY AGREEMENT DATED 12/01/1999, SERIES 1999-4 No.: 04-2579 CIVIL TERM VS. CHAD D. LEFORTE AFFIDAVIT PURSUANT TO RULE 3129.1 Plaintiff in the above action sets forth as ofthe date the Praecipe for the Writ ofExe ution was filed the following information concerning the real property located at 15 COLD SP GS ROAD. CARLISLE. PA 17013: 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CHAD D. LEFORTE 15 COLD SPRINGS ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: CHAD D. LEFORTE 15 COLD SPRINGS ROAD CARLISLE, P A 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. , 1 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cann t be reasonably ascertained, please indicate Plaintiff. 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot e reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and hose interest may be affected by the sale. Name Last Known Address (if address cannot b reasonably ascertained, please indicate) Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 Cumberland County Tax Claim Bureau I Courthouse Square Carlisle, PA 17013-3387 Dept. of Public Assistance 33 Westminster Drive, P.O. Box 599 Carlisle, P A 17013-0599 PA Department of Public Welfare Bureau of Child Support Enforcement Health and Welfare Building - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 ~ , 7. Name and address of every other person of whom the plaintiff has knowledge who h s any interest in the property which may be affected by the sale: Name Last Known Address (if address cann be reasonably ascertained, please indicate Tenants/Occupants 15 COLD SPRlNGS ROAD CARLISLE, PA 17013 NORA LEFORTE 15 COLD SPRINGS ROAD CARLISLE, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of y knowledge, information and belief I understand that false statements herein are subject t the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. August 21, 2004 ~ ,. LAW OFFICES OF GREGORY JA V ARDIAN By: GREGORY JA V ARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD ISTFLOOR,SUlTE 101 SOUTHAMPTON, PA 18966 (215\ 942-9690 LASALLE BANK, N.A., F/KJA LASAILE COURT OF COMMON PLEAS NATIONAL BANK, AS TRUSTEE UNDER THE POOUNG AND SERVICING CUMBERLAND COUNTY AGREEMENT DATED 12/0111999, SERIES 1999-4 No.: 04-2579 CIVIL TERM vs. CHAD D. LEFORTE REVISED NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CHAD D. LEFORTE 15 COLD SPRINGS ROAD CARLISLE, PA 17013 Your house (real estate) at 15 COLD SPRINGS ROAD, CARLISLE. FA 17013, is scheduled to be sold at Sheriffs Sale on DECEMBER 8. 2004 at 10:00 A.M., in the Cumber! nd County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the court judgment f $68,978.28, obtained by LASALLE BANK, N.A., FIKIA LASALLE NATIONAL BANK, S TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED 12/01 999, SERIES 1999-4, against you. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT TillS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charge , costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 15 942.9690. 2. You may be able to stop the sale by filing a petition asking the Court to strike or ope the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the ale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more ch nee you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) ~~ , YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OT ER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidd r. You may find out the price bid by calling (215) 942-9690. 2. You may be able to petition the Court to set aside the sale if the bid price was gr ssly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in he sale. To find out if this has happened, you may call Gregory Javardian, Esquire at (215) 942-969 . 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the 0 ner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to th Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceeding to evict you. 6. You may be entitled to a share of the money which was paid for your house. A sch dule of distribution of the money bid for your house will be filed by the Sheriff. This schedule wil state who will be receiving that money. The money will be paid out in accordance with this sched e unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff ithin ten (10) days. 7. You may also have other rights and defenses, or ways of getting your home back, if ou act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO N T HA VE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OF ICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 ,. AlL THAT CERTAIN tract of land, situate in Dickinson Township, Cumberland County Pennsylvania, bounded and described as follows: BEGINNING at the intersection of line of land formerly of Walter S. Bear and now of Ro ert D. Hoch and wife, known as 17 Cold Springs Road and Cold Springs Road; thence from said oint at the place of beginning in a northerly direction along the said Cold Springs Road 150 fee to a point; thence in an easterly direction 110 feet more or less to the line of lands formerly of .A. Clippinger; thence in a southerly direction 150 feet to a point in line of said lands formerly f Walter S. Bear and now or formerly of Robert D. Hoch; thence in a westerly direction alon line of said land of Hoch, 110 feet, more or less, to a point at the place of BEGINNING. HAVING thereon erected a dwelling house known as 15 Cold Springs Road. BEING THE SAME PREMISES which James K. Kramer and Wendy S. Kramer, husband d wife, and Jeannie L. Briggle, by Deed dated October 28, 1999 and recorded November 9,1 9 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 211, P e 265, granted and conveyed unto Chad D. Leforte. UNDER AND SUBJECT to an existing 20 foot right of way along the southern side of the property allowing ingress and egress to the adjacent property. PARCEL NO. 08-31-2197-021. f LA W OFFICES OF GREGORY JAY ARDlAN By: GREGORY JAY ARDlAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEY ARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 LASALLE BANK, N.A., FIK/A LASALLE COURT OF COMMON PLEAS NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING CUMBERLAND COUNTY AGREEMENT DATED 12/0111999, SERIES 1999-4 No.: 04-2579 CIVIL TERM vs. CHAD D. LEFORTE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CHAD D. LEFORTE 15 COLD SPRINGS ROAD CARLISLE, P A 17013 Your house (real estate) at 15 COLD SPRINGS ROAD. CARLISLE. PA 17013, is scheduled to be sold at Sheriffs Sale on JANUARY 7. 2005 at 10:00 A.M., in the Cumberlan County Courthouse, I Courthouse Square, Carlisle, PA 17013, to enforce the court judgment $68,978.28, obtained by LASALLE BANK, N.A., FIKIA LASALLE NATIONAL BANK, TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED 12/01/ SERIES 1999-4, against you. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: L The sale will be cancelled if you pay to the mortgagee the back payments, late charge , costs and reasonable attorney's fees due. To find out how much you must pay, you may caB: 15 942-9690. 2. You may be able to stop the sale by filing a petition asking the Court to strike or ope judgment, ifthe judgment was improperly entered. You may also ask the Court to postpone th for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more c ance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTH R RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. [fthe Sheriff's Sale is not stopped, your property will be sold to the highest bidde You may find out the price bid by calling (215) 942-9690. 2. You may be able to petition the Court to set aside the sale if the bid price was gro Iy inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in t e sale. To find out if this has happened, you may call Gregory Javardian, Esquire at (215) 942-9690 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the 0 er of the property as if the sale never happened. 7. You may also have other rights and defenses, or ways of getting your home back, if ou act immediately after the sale. 5. You have the 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 proceeding to evict you. 6. You may be entitled to a share of the money which was paid for your house. A sch dule of distribution of the money bid for your house will be filed by the Sheriff. This schedule wil state who will be receiving that money. The money will be paid out in accordance with this sched Ie unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff ithin ten (10) days. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO N T HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OF ICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY BAR ASSOCIATION 32 S, BEDFORD STREET CARLISLE, P A 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract of land, situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at the intersection of line ofland formerly of Walter S. Bear and now of Robe D. Hoch and wife, known as 17 Cold Springs Road and Cold Springs Road; thence from said pint at the place of beginning in a northerly direction along the said Cold Springs Road 150 feet t a point; thence in an easterly direction 110 feet more or less to the line of lands formerly of S. . Clippinger; thence in a southerly direction 150 feet to a point in line of said lands formerly 0 Walter S. Bear and now or formerly of Robert D. Hoch; thence in a westerly direction along ine of said land of Hoch, 110 feet, more or less, to a point at the place of BEGINNING. HAVING thereon erected a dwelling house known as 15 Cold Springs Road. BEING THE SAME PREMISES which James K. Kramer and Wendy S. Kramer, husband a wife, and Jeannie L. Briggle, by Deed dated October 28, 1999 and recorded November 9, 19 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 211, Pa 265, granted and conveyed unto Chad D. Leforte. UNDER AND SUBJECT to an existing 20 foot right of way along the southern side of the property allowing ingress and egress to the adjacent property. PARCEL NO. 08-31-2197-021. WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N004-2579 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and cosls due LASALLE BANK, N.A" FIKlA LASSALLE NATION BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED I2/I1I999, SERIES 1999-4 909 HIDDEN RIDGE DRIVE, SUITE 200, IRVING, TX 75038 Plaintiff (s) From CHAD D. LAFORTE, 15 COLD SPRINGS ROAD, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DlSCRIPTION (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 gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debl to or for the account of the defendanl (s) and from delivering any property of the defendant (5) or otherwise disposing thereof; (2) Ifproperty of the defendant(s) nOllevied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are direcled 10 notify himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due$68,978.28 L.L. $.50 Interest From 8/3/04 to Date of Sale @ $11.33 per diem Atty's Comm % Due Prolhy $1.00 Atty Paid $114.14 PlainliffPaid Date: August 27, 2004 REQUESTING PARTY: Name GREGORY JA V ARDlAN, ESQ. Address: 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 Attorney for: PLAINTIFF Telephone: 215-942-9690 Supreme Court ID No. 55669 ByjdiVJA Irr(. %1;:;J->IfW Real Estate Sale #37 On September 01,2004 the Sherifflevied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, P A Known and numbered as 15 Cold Springs Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein, Date: September 01,2004 By:J (,cUt ~t~ Real EstattYDeputy : ':NH3d i:~ :<,~ \1 , , , ^.i ~. jjl\, ,.J'J ~ ~ @ ~ -REAL ESTATE $ALENo. 37 Writ No, 2004-2579 . CivllTerm LaSalle liank,N.A,. IIkIB LaSalle NatIonal Bank, as Trustee Under the Pooling and SetvlcingAgreement Dated 12/ . . 01/1999, Series 1 !l!I94 Vs', ~had D,Leforte Atty:'tG~ryJ~n:Ilan . DE~:RI"'.9N Ail. TIIAT CEl.rrARlIIact of land. siluale in DickinsoJl. TownShip, . Cumberland Coun1y, Pennsylvania, bounded.and described.as follows: BEGiNNR<G a\ Ibe intetseCtion of line. of land. funller1y ofWal1er S. Bear and.now ofRo~ D. Hoch ~ ~,brown.as17.cold .SpringS ROOd and (Aid SpringS Road; ~.froJD said point a\ the place..,f beginning in a lI011herIydirl'&tion along the said Cold SpringS Road 150 IeellO a poin1; ~in.JIIJ easIerly .ilirectionllO feel. nioreorless to the line of 1andsfonller1y of SA Clippinger. 1hence in a southerly ilirection 150 feel to a point in line of said lands fonnedy of Wal1erS.Bear and now or fonnerly of Robert D. . Hoch; 1hence in a westerly dirtclioo along line of said land of Hoch,. 110 feet, moie or less, 10 a poinlilltheplace of BEGINNING. HAVING thereoo erected a dwelling house brown as 15 Cold SptingsRoad.. BEING TIlE sAME prenlisf!swhich James K. Knunerand ,,"ody S. Krmnt.r;husb~ and wife, and Jeannie LBri~e, by prtd dated OCtober 28, 1999 and recorded Nol''lJIlber 9, .1999 m the Office . of the Recolder of Deeds in and for Cnmoorlaml Coonly in ~ Book211. Page 265, granied and conveyed unto Chad D. Leforte. UNDER AND SUBJECI' 10 an existing 2ll-fool right-of-way along. ~ sou1hem sirle of the property allowing ingress and egres.s 10 the adjacent property. PARCELOO8-31-2197-ll2L REAL ESTATE SALE NO. 37 Writ No. 2004-2579 Civil LaSalle Bank, N.A., f/k/a LaSalle National Bank. as Trustee Under the Pooling and Servicing Agreement Dated 12/01/1999, Series 1999-4 vs. Chad D. Leforte Atty.: Gregory Javardian ALL THAT CERTAIN tract ofland, situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at the intersection of line of land formerly of Walter S. Bear and now of Robert D. Hoch and wife, known as 17 Cold Springs Road and Cold Springs Road; thence from said point at the place of be- ginning in a northerly direction along the said Cold Springs Road 150 feet to a point: thence in an easterly direction 110 feet more or less to the line of lands formerly of S.A. Clippinger: thence in a south- erly direction 150 feet to a point in line of said lands formerly of Walter S. Bear and now or formerly of Rob- ert D. Hoch: thence in a westerly direction along line of said land of Hoch, 110 feet, more or less. to a point at the place of BEGINNING. HAVING thereon erected a dwell- inghouse known as 15 Cold Springs Road. BEING THE SAME PREMISES which James K. Kramer and Wendy S. Kramer, husband and wife, and Jeannie L. BriggJe. by Deed dated October 28, 1999 and recorded No- vember 9, 1999 In the Office of the Recorder of Deeds in and for Cum- berland County in Deed Book 211, Page 265, granted and conveyed unto Chad D. Leforte. UNDER AND SUBJECT to an existing 20 foot right of way along the southern side of the property allowing ingress and egress to the adjacent property. PARCEL NO. 08-31-2197-021. ...... LA W OFFICES OF GREGORY JA V ARDIAN By: GREGORY JA V ARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 LASALLE BANK, N.A., F/K/A COURT OF COMMON PLEAS LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND CIVIL DIVISION SERVICING AGREEMENT DATED 12/111999, SERIES 1999-4 CUMBERLAND COUNTY PLAINTIFF Ys. NO.: 04-2579 Civil Term CHAD D. LEFORTE DEFENDANT CERTIFICATE OF SERVICI~ TO THE PROTHONOT AR Y: I hereby certify that a copy of Plaintiff's Motion for Reassessment of Damages was mailed to Defendant by regular mail, first class United States mail, postage prepaid on the date set forth below. Chad D. LeForte IS Cold Springs Road Carlisle, P A 17013 Date: ~)S- r Plaintiff LAW OFFICES OF GREGORY JA V ARDIAN By: GREGORY JA V ARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 LASALLE BANK, N.A., F/KJA COURT OF COMMON PLEAS LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND CIVIL DIVISION SERVICING AGREEMENT DATED 12/1/1999, SERIES 1999-4 CUMBERLAND COUNTY PLAINTIFF vs. NO.: 04-2579 Civil Term CHAD D. LEFORTE DEFENDANT MOTION FOR REASSESSMENT OF DAMAGES Plaintiff, by and through its attorney, Gregory Javardian, moves this Honorable Court to enter an Order for Reassessment of Damages, and in support thereof, avers as follows: I. On June 8, 2004, Plaintiff instituted this action in mortgage foreclosure because Defendant Chad D. LeForte defaulted on a Mortgage given to secure the indebtedness of a Note. A true and correct copy of the Complaint in Mortgage Foreclosure is attached hereto, made part hereof, and marked as Exhibit "A". 2. Defendant Chad D. LeForte was served with Plaintiff's complaint on June 14,2004, and the Notice of Intention to Enter Default Judgment (lO-day notice) was sent on July 9, 2004. 3. On August 6, 2004, default judgment was entered in Plaintiff's favor and against Defendant. The damages were assessed against the Defendant in the amount of $68,978.28. A true and correct copy of the Praecipe for Default Judgment is attached hereto, made part hereof, and marked as Exhibit "B". 4. The Writ of Execution was thereafter issued on August 27,2004, and the mortgaged property was scheduled for the December 8, 2004 Sheriff's sale. 5. The December 8, 2004 sale was postponed to March 2, 2005 as Defendant Chad D. LeForte filed a Chapter 13 bankruptcy with the United States Bankruptcy Court for the Middle District of Pennsylvania on December 7, 2004 at docket munber 04- 07278-mdf. 6. The March 2, 2005 sale was stayed as the aforementioned bankruptcy remained active. 7. The Court entered an Order on June 15, 2005 granting Plaintiff relief from the Chapter 13 bankruptcy in order to proceed with its mortgage foreclosure action. The bankruptcy was ultimately dismissed via Court Order on July 19,2005. 8. The Writ of Execution was issued on September I, 2005, and the mortgaged property is currently scheduled for the December 7, 2005 Sheriff's sale. 9. Plaintiff seeks a Motion to Reassess Damages in order have the judgment reflect the funds it has been forced to advance in order to protect its coIlateral, including taxes, insurance, inspections and legal fees and costs. 10. Additionally, interest has continued to accrue sincl~ the entry of the judgment due to the bankruptcy filed by Defendant Chad D. LeFort<~. I I. The Mortgage, which is incorporated herein as part of Exhibit "A" expressly provides that Plaintiff is entitled to coIlect for sums advanced for property insurance, delinquent taxes and legal fees and costs. 12. Plaintiff may sustain a substantial loss unless damages are reassessed in order to account for the swns advanced to protect the collateral, additional interest and legal fees and costs. 13. Plaintiff requests the Court to reassess damages as follows: Principal Balance Interest to 12/7/2005 Escrow Advance NSF Fees Unpaid Late Charges Corporate Advance TOTAL: $51,409.54 14,444.71 10,580.97 80.00 1,135.41 4,060.80 $81,711.43 WHEREFORE, Plaintiff respectfully requests that damages be reassessed in the amount of $81,711.43. Respectfully submitted, Date: 9Alrf'f LAW OFFICES OF GREGORY JA V ARDIAN By: GREGORY JA V ARDIAN, ESQUIRE /DENT/FICA T/ON NO. 55669 1310 INDUSTRlAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 LASALLE BANK, NA, F/K/A COURT OF COMMON PLEAS LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND CIVIL DIVISION SERVICING AGREEMENT DATED 12/1/1999, SERIES 1999-4 CUMBERLAND COUNTY PLAINTIFF vs. NO.: 04-2579 Civil Term CHAD D. LEFORTE DEFENDANT MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR REASSESSMENT OF DAMAGES Statement of Facts Plaintiff instituted the present action in mortgage foreclosure on June 8, 2004. Defendant Chad D. LeForte was served with Plaintiff's Complaint in Mortgage Foreclosure on June 14,2004, and the Notice of Intention to Enter Default Judgment was sent on July 9, 2004. Default Judgment was entered against the Defendant on August 6, 2004. The damages were assessed as $68,978.28. The damages were assessed based on the figures set forth in the Complaint. The Writ of Execution was issued on August 27, 2004, and the mortgaged premises was scheduled for the December 8, 2004 Sheriff's sale. The December 8, 2004 sale was postponed to March 2,2005 as Defendant Chad D. LeForte filed a Chapter 13 bankruptcy on December 7, 2004 at docket number 04-07278-mdf. The March 2, 2005 sale was stayed as the bankruptcy remained active. The Court entered an Order on June IS, 2005 granting Plaintiff relief from Defendant's Chapter 13 bankruptcy in order that Plaintiff may proceed with its mortgage foreclosure action. The bankruptcy was ultimately dismissed via Court Order on July 19, 2005. The Writ of Execution was issued on September I, 2005, and the mortgaged property is currently scheduled for the December 7, 2005 Sheriff's sale. Since the filing of the Complaint, Plaintiff has expended funds to protect its collateral. In accordance with the terms of the Mortgage and Note, Plaintiff is entitled to collect for amounts advanced for property insurance, delinquent taxes and legal fe,es and costs. Additionally, interest has continued to accrue due to the Chapter 13 bankruptcy filed by Defendant Chad D. LeForte. If Plaintiff went to sale without reassessing damages and if there were competitive bidding, Plaintiff would suffer irreparable harm in that it would not bl~ able to recoup monies it paid to protect its interest. Conversely, a reassessment of damages wiJll not be detrimental whatsoever to the Defendant. ARGUMENT The Pennsylvania Rules of Civil Procedure are silent with respect to the issue of Reassessment of Damages; however, Rule 1037 provides, "the Prothonotary shall assess damages for the amount which Plaintiff is entitled if it is a swn certain or which can be made certain by computation..." In the instant case, the amount to which Plaintiff is entitled is readily calculated by review of the mortgage which is of record, together with the Complaint which specifically lists the items chargeable. Clearly, if Rule 1037 gives the Prothonotary the right to assess damages for the amount to which Plaintiff is entitled as set forth in the Complaint; the Court has similar power to reassess damages at a later date. In addition, Rule I037(a) provides that the Court, on motion of a party, may enter an appropriate judgment against a party upon default or admission. If the Court has the power to enter judgment, it certainly has the power to do a lesser act, to wit, reassess damages. In addition to all of the above, to reassess damages would have no adverse effect whatsoever on the Defendant. WHEREFORE, Plaintiff respectfully requests that damages be reassessed in the amount of $81,711.43. Respectfully submitted, Date: 1/fi/6<) I I ~ EXHIBIT "A" . LAW OFFICES OF GREGORY JA V ARDIAN BY: GREGORY JA V ARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff " LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED 12/01/1999, SERIES 1999-4 909 HIDDEN RIDGE ORNE, SUITE 200 IRVING, TEXAS 75038 PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. NO. 04 -JS'TY C;u~l~~ COMPLAINT IN MORTGAGE FORECLOSURE CHAD D. LEFORTE 15 COLD SPRINGS ROAD CARLISLE, P A 17013 DEFENDANT 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 defense 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 NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD mm, GO TO OR TELEPHONE TIIE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 52 S, Bedford Street Carlisle, P A 17013 717-249-3166 (') f,; (';-' "-.) = 1';:.-;:) .<c- o ~'l1 0-; or l';;i;j:!J r- -arn :Oy '..:>'0 --,--:-,- z:J.;:}] ~() ~ ~rn 0. --:;.. ...;.... C. ~:-~; I 0;) t:;: _.:.... :"7 , IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECENED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WTTIIIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDi'I.NT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WilL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH TIlE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECENED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. LAW OFFICES OF GREGORY JA V ARDIAN BY; GREGORY JA V ARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD I ST FLOOR, SUITE 10 I SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff LASALLE BANK, N.A., F/KJ A LASALLE NATIONAL BANK., AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED 12/01/1999, SERIES 1999-4 909 HIDDEN RIDGE DRIVE, SUITE 200 IRVING, TEXAS 75038 PLAINTIFF COURT OF COMMON PLEAS CLMBERLAND COUNTY oJi - ~ 5:r9 NO. VS. COMPLAINT IN MORTGAGE FORECLOSURE CHADD. LEFORTE 15 COLD SPRINGS ROAD CARLISLE, PA 17013 DEFENDANT CIVIL ACTION MORTGAGE FORECLOSURE 1. LaSalle Bank, N.A., fikla LaSalle National Bank, as trustee under the Pooling and Servicing Agreement dated 12/01/1999, Series 1999-4, (hereinafter referred to as "Plaintiff") is an Institution, conducting business under the Laws of the Commonwealth of Pennsylvania with a principal place of business at the address indicated in the caption hereof. 2. Chad D. Leforte, (hereinafter referred to as "Defendant") is an adult individual residing at the address indicated in the caption hereof. 3. Plaintiff brings this action to foreclose on the mortgage between Defendant and itself as Mortgagee by Assignment. The Mortgage, dated October 28, 1999, was recorded on November 9, 1999 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 1581, page 447. Plaintiff is the Mortgagee by Assignment by virtue of an Assignment of Mortgage recorded on August 28, 2002 in the Office of Recorder of Deeds in Cumberland County in Book 689, Page 3786. A copy of the Mortgage is attached and made a part hereof as Exhibit' A'. 4. : The Mortgage secures the indebtedness of a Note executed by Defendant on October 28, 1999 in the original principal amount of $51,590,00 payable to Plaintiff in montWy installments with an interest rate of 11.95%. A copy of the Note is attached and made a part hereof as Exhibit 'B'. 5. The land subject to the mortgage is 15 Cold Springs Road, Carlisle, PA 17013. A copy of the Legal Description is attached as part of the Mortgage as Exhibit 'A' and incorporated herein. 6. The Defendant is the record owner of the mortgaged property located at 15 Cold Springs Road, Carlisle, PA 17013. 7. The Mortgage is now in default due to the failure of Defendant to make payments as they become due and owing. As a result of the default, the following amounts are due: Principal Balance $51,540.54 Interest to 5/4/2004 4,632.03 Accumulated Late Charges 1,108.98 Escrow Advance 8,125.63 NSF Charges 80.00 Other Fees Due 33.90 Recoverable Balance 392.50 Cost of Suit and Title Search 550.00 Attorney's Fees 1,000.00 TOTAL $67,463.58 plus interest from 5/5/2004 at $16.83 per day, costs of suit and attorney fees, 8. The attorney's fees set forth above are in confonnity 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 attorney's fees will be charged. 9. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a defaulting mortgagor with a Notice of Homeowners' Emergency Mortgage Assistance ("Act 91 Notice") 35 P.S. Section 1680.403c. 10. The Notice of Homeowners' Emergency Mortgage Assistance was required and Plaintiff sent the uniform notice as promulgated by the Pennsylvania Housing Finance Agency to the Defendant by regular and certified mail on March 31, 2004. A copy of the Notice is attached and made a part hereof as Exhibit 'C'. WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiffs favor and ;against the Defendant, in the sum of$67,463.58 together with the interest from 5/5/2004 at $16,83 per day, costs of suit and attorney fees. Law offices of Gregory Javardian BY: ~ G gory an ttorney ill . 55669 Attorney for Plaintiff Exhibit 'A' ~~. EQUITY ONE, INCORPORATED '4909 LOUISE DRIVE, SUITE 106 MECHANICSBURG, PENNSYLVANIA 17055 , l~"E"_" ;'. , l\t . . ....,~ r.:: '. Jr.~~~ OF ~t.. ::':... :~l.AND COUNTY-:.\ '99 NuU 9 AI'l 8 51 () g 6d .r , ~ 7.r 17 .-.....,............ -....-. MORTGAGE TIllS MORTGAGE ('Security IllSlromen") Is given on OCTOBER 2 8 , 1999 The DlOrtgagor is CHAD D. LEFORTE ;;y y ("Borrower"). This Security Instrument Is given to EQUITY ONE, INCORPORATED, A PENNSYLVANIA CORPORATION which is organized and existing under the laws of PENNSYLVANIA and whose address is 4909 LOUISE DRIVE, SUITS 106. MECHANICSBURG, PENNSYLVANIA 17055 ("Lender") . Borrower owes Lender lbe principal sum of FIFTY-ONE THOUSAND FIVE HUNDRED NINB~:"{ AND NO/loa DoIIan(U.S.$ 51,590.00 ). This debt is evidenced by Borrower's note dated the same dale as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on NOVEMBER 2, 2029 . This Security Iwtrument !CCUreS to Lender: (a) the repaYIDenI~ of the debt evidenced by the Note, with intertst, and all renewals. extensions and modifications of the Note; (b) the payment of all other liwns, with interest, advanced under paragraph 7 to protect the security of this Security Insuument; and Ire) the performance of Borrower's wvenanrs and agreemeou under this Seturity 1D$lrument and the Note. For lhil Purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in CUMBERLAND County, Penmylvanla: LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF J>enn$ylvania whiclthllth.addressof 15 COLD SPRINGS ROAD, CARLISLE 1......1 17013 [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, apPurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shd also be covered by this Security Instrument. AU of the foregoing is referred to in this Security Instrument as the "Propert)r. " ('Prnpeny Address"); (City) BORROWER COVENANTS that. Borrower is lawfully msed of the estale hereby conveyed and has the right to mortgage, grant and convey the Property and lbat: the Property Is unencumbered. except for encw:1lbraDce3 of recOrd. Borrower Warrants and will defend senerally the tille to the Property against all claims and demairu:ls, subject 10 any encumbrances of record. TIllS SECURITY INSTRUMENT combines unifonn COVenants for national use and non~uniftJrm covenants with limited variations by jurisdiction co constitute a unJfonn security instrument covering real property. UNIFORM COVENANTS. Eorrower and Lcoder ooVeoant and lIJleB II follows; I. Payment of PrIncipal and Intaat; ~..... IOld LaIe ChalJes. Eorrower .hall prnmp'fy pay wOOn due the principal of and. interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Puods ror Tues and 1Dmnace. Subject to appUcable law or to a writren waiver by Lender, Borrower shall pay PENNsYLVANIA. Single Parnlty - FNMAIPHLMc tINIR>aM JffS'J'1UJJ.mHT /<<:.lINUlI7-tOIM ,.."', Fona.31139mo BoUK!581,AGl .447 to Lender on tbeday IIIOIItblyJllYlllOllll are due under the Nolc, untO the Note Is paid in full, a sum ('FundI") for. (a) Yearly taxes and ISIeSSmenu which may attain priority over Ibis Security InstnJment as alien on the I~perty: (b) yearly leasehold paymen" or InlWld ...... on the Property, If any; (c) yearly IlIzard or property Insul'lllce PremlUDlI; (d) Yearly fiood InsIll'BllCe I>remlunto, II any; (e) yearly IIIOrtIlle I......ce premlwns, if any; and (I) BOy .... payable by Borrower 10 Lender, in accordaoce with the proviaiona of PBrBgnph 8, In lieu 01 the payment 01 mortglJl' i_ Premiuml. 1bese items are called "Escrow Items.' Lender may, at BOy time, oollect and hold Funds in III amounl not 10 exceed 1he maximum amount a lender for I federally mated "mortpge Joan may require (or Borrower', escrow 1Cl::GWll under the federal Rea) I!ItateSettlemetllProc:edu.... Aot 01l974u amended f..n"imalo time, 12 U,S.C. Section26lJ11 etaeq. ('RBSPA'),_ another law that appJit!$ to the Funds sets a lesser 8nXJUDt. If 10, Lender may. at any time, collect and hold Funds in an amoun( not to exceed the lesser amount. Lender may estiInlUe lhe 8l!K'unl of Funds due on Lne basis of current data and reasonable estimates of expeDditures of future Escrow Items or otheJwise in accordance with 1J)Plicable law. The Funds shall be held in an institution whose deposits art insured by a federal Igent::y. Instlluncntallty, or entity (lncludins Lender,lfLender Is ,neb an institution) or in lilY Federal Home loBO Baok. Lender ,rballapply lbe Funds to pay the Escrow kerns. Lender may not charge Borrower for bolding and applying the Funds, annually analyzing me escrow account. or verifying the Escrow Items, unless lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independeru rea! estate tax reponing service used by Lender in coMection with this loan, unless applicable law provides otherwise. Unless an IgI'temcnt is made or applicable law requires interes. to be paid. Lender shall not be required to pay Bonower any in......, or eamillJS on the Funds. Borrower and Lender maY"lr<e in writins, however, that ill......t lhail be paid on the Funds. Lender shall give to Borrower, without charge. an annual accounting of the Funds, showing credits and debits to the Funds BOd the pulpOSe lor which each debh 10 the Fuods was made. The Funds are pled,ed III additional security for all sums secured by this Security lnstl'Wllen(. If the Funds held by Lender exceed the amoun~ pennJ,letf to be held by applicable law, Lender lhail accoun, to Borrower for the excess Funds in accordaoce with the requiremen~ of applicable law. If the am'un, of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due. Lender may so notify Borrower in writing. and. in such case BoI1'Qwer shall pay to Lender the amount necessary to make up the deficiency, BOllTOwer shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of aU sums secured' by this Security Instrument. Lender shall prompUy refund to Borrower any Funds held by Lender. If. WKIer paragraph 21, Lender shall acquire or sell the Property. L.endl:r. prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the lime of acquisition or sale as a credit agaiDSl: the sums secured by this Security Instrument. 3. AppIkatioa of I'aymezus. Unless applicable Jaw provides otherwise. all payments rc~ived by LeDder UDder paragraphs 1 and 2 shall be applied: first. to any prepayment charges due under the Note; second, 10 amounts payable under paragraph 2; third. to incerest: due; fourth, to principal due; and last. to any laCe charges due under the Note. 4. <l1ar&cs; Lieas. Bonower shall pay allraxes. assessmenlS. charges. fines and impo~:ltions attributable 10 the Property which may attain priority over this Security Instrument. and leasehold pa}'ments or ground rent$, if any. Borrower shall pay these Obligatio.. in the DIIIll1er provided in par3glllph 2. or if not paid in thlt manner. Ilorrower shall pay them on time dircaJy to the JlCllIOII owed paymen.. BorrolV<rlhail promptly furnish to Lender all noti",. of amounll '0 be paid under thi, parqrapb. If Borrower makes th..e paYmenll d1reotly. Borrower lhail promptly fornlsb to Lender receipts evidennlns the paymen", Borrower shall promptly discharJe any lien which bas priority over tbls Seenrity rn.tromelU unless Borrower; (,) II...... in writing 10 the payment of the obligation secored by the lien in , manner _Ie 10 Lencler; (b) OOlUes" in good faith the lien by. or defend'agarn.t enfon:ement of the lien in, ICJaI Proceedings which in the Lender's opinion operate to prevent the enforcement of the Ii~; or (c) secures -from the holder of the Ilea 81] agreement sadsfllCtory 10 Lender 8Ubor~ dinating the lien '0 this Seenri'y lostrumen.. If Lender detennlnes ,hat any part of the Property is ,ubjec' '0 alien wbich OIly altain priority over this Security Instrument, Lender may ,i"" Borrower 8 notice ldanllfyin,the lien. Borrower sbalI satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of nodce. S. Hazard or Property Insur:ance. Borrower shall keep the improvements now eJlisting or bereafter erected on the Property illlUred "IaInstl..s by fire, b.zanls included wilbin the teno 'extended coverase' BOd BOy other b.zanl.. including fioods or Booding. for which Lender requires insuraoce. This Insu""", sholl be malnlained In tho: amoun~ and for the period, that Lender requi..... The Insurance carrier providins the Insu""", shail be chosen by Borrower subjec, 10 Lender's approvai which shall 00' be UR<eaSonably withheld. If Borrower fails 10 main'oIn ooverage described above, Lender may. a. Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with par.agraph 7. AU insurance policies BOd renewals shall be """'PIable to Lender BOd shall include a stlOdard mortgage clause. Lender sbalI have 'he right to hold the policies BOd renewols. If Lender requires. Borrower shall Promptly give to Lender all receipts of paid premiums Ind renewal no,loes. In the event of loa" Borrower lhail giVe prompt uo'ice '0 the insu""", carrier and Lender. Lender may make proof of loss if no! made Promptly by Borrower. Unless Lender Ind Ilorrower otherwise agree in wOtin,. i_ proceeds sholl be applied to ....toration or repair of the Property <lamased, if the res'oration or repair is economically feasible BOd Lender's security j, no, lessened. If the restoration or repair Is 00< eoooomically feasible or Leoder's security would be iessened. the Insurance Proceed, shall be applied '0 the sums secured by this Seenrity Instru.."", whether or DOt then due. with any exce.s l>aid 10 Borrower. If Borrower abandons the Property. or does not answer wllhin 30 clays, notice from Lender that the i.Soraoee carrier has offered to settle, claim. then Lender may ooUCC' the loau""", Proceeds. Lender may use the prO<eedl to repair or reslore thel'ropeny or 10 pay soms ","ured by this Security Instrument. whether or no, lhen dUe. The 30-day period will he,in when the notice is given. UoIess Lender and BorroIV<r otherwise _ in writing, lOy application of Proceeds to principal shall not extend or POS'pone the due dale of the monthly paymeo" refemd to in parqrsphs I and 2 or change the lIDollD' of the paymen~. If under pIl'aJraph 21 the Property is acquired by Lender. Borrower's rl,hlto any insurance policl.. ",j ptOceeds ....ulting from damase 10 the Property prior 10 the lICl]uisition shaIlpaas to Lender to the ""len' of the sums secured by thi, Secori'y Instrument immediately prior to !be acquisition. 6. 0Q:upancy. -'ation, MoiM_.......aod ""-lon of the I'roperty; Borrower'a '- AppliQlion; Leuo:lIoillll. Borrower shall occupy. ""blish. and use the Property as Borrower's principal re,idence within sixty day" aller the e><C<:lltion PBNNsnVANIA - Sln.1e Family - FNMAIPHLMc UNIFoRM'.INS'I1t.DImNr fCC.HNu4rua...H/r'IIrt ,.....Jor~ 8ood581'AGf A4B Form 3019 !PliO 01 tbls Security In"rument aod Ihall oonIlnueto O<aIpy the Propcny II Borrower', princlpalrealdeo<e for at '- one year after the dale of occupancy, uoIeu Lender othetwise agrees in wrilln., which _ shaU DOl be IIIIl'eUOnably withheld, or unless extenuating clrcurnstancea exist whicb are beyond Borrower's cootro1. Borrower .luall not destroy, damase or impair the Property. 0I1ow the Property to dereriOl1,., or _, WUte on the Property. Bono.... Ihall be in defaull if any forfeiture acdoa or pt'OC<edlng. wbether c1vU or ClIminaI. Is bosun that In Lender's good fallh Judgment could _It in forfeit... 01 1he I'ropeny or otberwi.. lII8Ierially ItopaIr the lien crealed by thit Security I_umeot or Lender', ICOUrity interat. Borrower may cure such a default and reiDSlate, as Provided in Paragraph 18. by CIUIirag the action or proceeding to be dismi8led with · ruling that, in Lender's good fafth delamination, PftCludes forfeiture oj: the Borrower's interest in the Propcny or other material impairment of the lien created by this Security Instrument or lc:nder', security inlerest. Borrower shall also be in default if Borrower, during lbe loan application process. gave materially false or inaccurate Information or statements to Lender (or talled to provide Leader wilh any material infOrmation) in connection with rbe loan evidenced by Ihe NOle. including, but not limited to. representalions conceining Borrower's oa:upancy of the Property as a principal residence. Iflhls Security Instrument is on a leasehold, Borrower shall comply with all the provisions of tbe lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shan not merge unless Lender agrees to the merger ia writing. 7. Probx:doa of l.cDder', RJJhta .in Ibc Property. If Borrower fails to perfonn the <nvenants and I8reemeats contained in this Security Instl11n1eDt, or there it a legal Proceeding that may significantlyaffilCt I..end<<'t; ri&hts in the Property (suc:b IS . Proceediog in banJcruptcy, probate. for condemnation or fodeiture or to en(.C1rce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender', rights in the Property. Lender's actions may include paying any sums secured by a lien wblcb bas priority oveJ'this Security Instrument, tppearing in court, paying reasonable anomeys' fees and entering on the Property 10 make repai.rs. Although Lender may take action under this pangraph 7, Lender does DOt have 10 do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower $CCUred by this Security Instrument. Unless Borrower and Lender agree to other tenns of paymern:, these amounts shall bear interest from the date of disbursement at the Note r.ate and shall be payable. with interest, upon nolice from Lend(~ to Borrower requesting payment. S. MorIpge.losuraD::c. If Lender required mortgage insurance as a COndition of making the loan :secured by Ibis Security Instrument, Borrower shall pay lbe Premiums f<<lui"", 10 maiolain the mortgase inOlU3lJce in efti:ct. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insu~ previolilSly in effea, at a cost substantially equivalent to the cost to Borrower of the mottgage insurance previously in effect. from an aJternate mortgage insurer approved by Lender. If substantially equiValent mortgage insorance ""Y<rage is no, available. Borrower IhaII p'y to Lender eacb. month a sum equal to one-lwelfth of the yearly mortgage insurance Premium being paid by Borrower when the insurance coverage lapsed or ceased to be ia effect. Lender will accept, uae and retain these paJ'menls as a loss reserve in lien of mort,ase insurance. Los, r"'tve payments may no longer be required. at the option "f Lender, if mortgase insuran.. coverage (in the lUIlOUnt and for the period thaI Lender requires) provided by an insurer approved by Lender 'g,in becomes available and is obtained. Borrower shall pay the premiums required to maintain mongage insurance in effect. or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any wrinen agteen}ent between Borrower and Lender or applicable law. 9. ~. Lender or its agenr may make reasonable entries upon and inspections of tire Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying: reasonable cause for the inspection. 10. r.............~OQ. The proceeds of any award or claim fur damages, direct or consequential, in connection with any condemnation or other taking of any pan of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the eVen! of a total taking of Ihe Property, the Proceeds shall be applied to the sums so~ured by this Security Instrument, wbether or nOI theo due. with any excess paid to Borrower. In the even, of a partiallakillll of the Property In which the fair market value of the Property immediately before the takIng is eqbal to or greater than the amount of the sums secured by lbis Securily Ins1rumenl Immediltely before thelakio,. unless Borrower and Lender otherwise '8.... in Wlllin,. the sums secu"", by this Seeurity Inslromen' shall be reduced by the amount of the Proceeds multiplied by Ihe fOllOWing fraclion: (a) the lotal amounl of the sums secured immediately before the taking, divided by (b) the fair market value of the ProperlY immediately before the taklns. Any balance shall be paid 10 Borrower. In the event or a partial lalcill8 of lbe Property in which the fair market value of the Property immediately before the taking is less than dlC~ amount of the sums secured immediately before the takiog, unless Borrower and Lender otherwise agree in writing or unless applicable law olherwise provides, the Proceeds shall be appli~ to the sums secured by this Security Instrument Wh(~!her 0[" Dot Ute sums are then due. rt the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that lbe condemnor offers to make an award or settle · claim for damages, Borrower fails to respond to Lender within 30 days aftl~ the date the notice it,iven. Lender Is aulhorired to ""lIec' and apply the Proceeds. at its oplion. eilber to ...'onltinn or "'Pair of the Properly or to the sums secured by Ibis Security Instrument, whether or not then due. Unless Lender and BoITOWec otherwise agree in writing, lUly application of proceeds to principal shaU not extend or POstpone the due date of the monthly payments refmed to in paragraphs I and 2 or change the amowlt of such payments. 11. Borrower Not Released; Porbcaraan: By Leader Not . Waim. Elttension of the time for payment or modifICation of amortization of the sums secured by this Security Instrument granted by Lender to any :1l1CCeSsor in interest of Bo<rower ,hall no, operate to rel...e the liability of the orisinal Borrower or Borrower', successors in interes.. Lender ohaII DOl be requi"", to commence Proceedin,s 'gal... any successor in interest or refuse to ~xtend lime fur pa}'ll1enl or otherwise modilY amortization of the sums _red by lbis Securily Instrumen, by reason of any demand made by the ori,inal Borrower or Borrower's successors In in....... Any fortJearance by Lender in exercising any righl or remedy shall nol be a waiver of or preclude lIle exercise of any right or remedy. 12. Slx:a:soon and Aui&ns -: - and Several UabUity; Co-ai-.. The "",....", and '8_ of this Security Iuslrwnent IhaII bind and heneti, the lUe<:easors and ...igns of lender and Borrower, subject ", the Pro'isions of Paragnph 17. Borrower's ""ve...ts ..d agreements shall be Joint and se'eral. Any Borrower who co-'i&ns this Secutily Ins1rumen. but doeo nolexecule the NO(., (al ;, co-si,ning this Security Innro_t only to mortgage, &rant and COI1vey thaI Pl!NNSnVANIA - Sinlle Family - flNMMm.Mc UNIFORM INSTRUMENT I(X:.HNntI9.1'C1..10ill6 "'30(J _ 3039 """ god581,AGt,.,449 Borrower'. ........ in 1he Propeny under the termo of lbi, Securily ins".....: (b) i, 00' petIC'naIly obligated to pay the ..... aecurcd by Ihls Securj,y in'lnIment: and (e) ..- thal Lender and any other Borrower ma:, agree to ex_, modify, Iorbear or malce any lCOOtIIIIIOdationo wllb rqatd to the termo or lbi. Security Iostrumen' or lbe Note wilbout thet Borrower', CXJI'IIeIU, 13. Looa Clwp:a. Ir the loan _red by lbb Securi'y Inlll1ll1lClJt b lUbject to a law wbich .... maximum loan cbarJea. and thallaw ls finally Interpreted so thal the _ or odter loan cbarses collected or to be oollected in oonnectlon with the loan exceed 1he permlned Jimjll. then: (0) any IIICIi loan cbarJelhall be _ by the a""Ual_try to redw:e the charge to the per mined limit: and (b) any IUms already oollected from Borrower wbicb e..._ pemUned limill will be refunded to Bonowe%'. Leader may choose to make thIs refund by reducing the priQcipal owed under the Note or by rnakins · di.m:t payment to Borrower. If I refund reduces principal, the reduction wm be treated as a partial prepaymeru without any prepoymenl cbarse uoder the Note. 14. Notica. Any oolice to Borrower provided (or 10 this Security Insuument shall be gi',en by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice: shall be directed to the Property Address or any orher address Borrower designates by notice to Lender. Any nolice to Lemler ahaIl be given by first class mail to Lender's address staled herein or any other address Under designates by notice 10 Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given 10 Borrower or LeJldel' when given as provided In thiJ PlrBJrapb. U. GovernIng lao; SnerabllIty. This Security Insll1lRlell. ohaIl be governed by federal law aod the l,w 01 the jurisdiction in which the Property ill located. 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 effea without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower', Copy. Borrower shall be given one confooned COpy of lhc: Note and of this Security Instnunent. 17. Thtasfer oldie Propeny or I BeIleficia1 Iutm::st in Bonower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interesl in Borrower is sold or transferred and Bonowel" is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be e;wcised by Lender if exercise is pmhibited by federal law as of the date of this Security Instrument. If Lender exercises this option. Lender shall give Borrower notice of acceleration. The noti(:e shaU provide a period of not less than 30 days from the date the aodce is delivered or mailed within which Borrower must pay all sums secured by dtis Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies'permitted by this Security Instrument without further notice or demand on Borrower. 18. 8omJwer'>. Right to Rciastate. If Borrower meets certain CQnditions. Borrower shalL have th.e right to have enforcement of this Security Instroment discontinued at any time prior to the earlier of: (a) 5 days (or such ollter period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in Ihis Security Instrumem; or (b) entry of a judgment enforcing this Security Instrument. Those conditiol1.l: are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had 0CCtlI'Rd.; (b) cures any default of any othercovcnanrs or'agreemem.s; (c) pays all expetlSe$ incu.rred in enforcing this Security ID$lrwnent, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as l.ender may reasonably require 10 assure tbat !be lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the awns secured by this Security lnstroment shall continue unchanged.. Upon reinstatement by Bom)wer, this Security In- strument and the obligations secured hereby sball remain fully effecdvc as if no acceleration had OCcurred. However, (his right to reinstate shall not apply in lite case of acceIention under paragraph 17, 19. Sale of Note; CIwJge of Loaa Servlea-. The Note or a partial interest in the Note (together. with lids Security Instrument) may be sold one or more (lmes without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and Ihis Security Instrument There also may be one or more changes of the Loan Servtccr unrelated 10 a S'ale of the Note. If there is a change of the Loan Servicer. Borrower wUl be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of Ihe new Loan Servicer and the address to which payments should be made. The nOlice will also contain any other information required by applicable law. 20. Hazardous Substauces. Borrower shall not cause or permit the presence, use, disposal, :ltorage, or release of any Hazardous Substances on or in the Property. Borrower shall not do. nor allow anyone else to do, llnything affecting the Propeny that is in violation of any Environmental Law. The Preceding two sentences shall not apply 10 the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to bOnnal residential uses and to maintenance of the Property. Borrower shall promptly give Lender wriUen notice of any investigation, claim, demand, lawsuil or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is DOtified by lID)' governmental or regulatory authority, that any removal or olber remediation of any Hazardous SUbstance affecting the P.ropeny is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, ~Hazardous Substances" lR those substances defmed as Wltic or bazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or (oxic petroleum products, toxic pesticides and herbicides, voJatilesolvents, materiala containing asbestos or fOnnaJdehyde, and radioacti\"e materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiclion where the Property is located thai relate to health, lafety or environmental protection. NON.UNlFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. -: 1IemedU". Lender IbaII give IIOIla: to IIonowor prior to acedCCllion roU""",,, Borrower',_ of my """""",,,or_ in lhiI Sa:urity --(but IIOt prior.. acedaation_ pBr>cnph 117 _ applicabIe law _1lIberw1se). UDder IbalI nodly BonowI:r of, _ otherlhinp: (0) the dc:fadt; (bl the BCli"" n:quirod...... the definIt; (el wbai tbe defauJ,..... be cured; lQ( (d) that liibm: to.... the _. U IIpel:iIied may n:sul' in accderatioo of the ..... - by thls Security Iostrument. IorcIooure by jucIiclaI Procer:diDa and uk of 1he Pmllerty. UDder IbalI futtber infurm Bo~ of the riJlb' to -.. after aced_on lQ( the riJbt to uaert in 1he for<doonro pmm/jug the I'IINNSYI.VANIA - Slnale FamDy - flNMAlFHLMc UNIFORM' INS'l1r.UMBHT k:C.HN:l341o.1'Q.,.1O'lIli .....4D1! ..........""" Rod5et'ME .450 IIOI>alsIaIce 01 a deliuJl or my - deI'eooe oIl1onower to _Ion and furec:1osun,. If lIIe default la DOt cum! u _I1iid, Lender at Its oplloa may n:qult< 1mmetI1ste_ in full of all sums IIe<Ured by dila Seaulty '- witbont liutber demand Illd may fi>recIose tbiI SlI:urily __ by judicial PI'llCllelfins. Lender IIIlalI be eolitIed to o0?I... all - incurred in(llll1Ulng lIIen:mediea provided inlhla""-h 21.lnc:IlUtiog. bor DOlllmitedto,lltorneya, fees aod ..... 01 litIe evideuoe to lIIe...... petmilted by lIppli<able law. n. Rdease. Upoa payment ot all sums secured by this Security Instrument, this Security 11UItrument and the estate CODveyed shall terminate and become void, After rueb occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 23. WoIvera. BolTDwer. to !he exten' permitted hy xpplicabJe Jaw. waives and reloues any error or derecu in pro. C<edings '0 enloree !his Securily Instnunent. and bereby waives !he benefit 01 any presen' or future laws providing for ,lay of execution, extension of rime. exemption from attachment. levy and sale. and homestead exmnptlon. 24. Reinst.atemem Period. Borrower's lime to reinstate provided in paragrapb 18 shall extend to one hour prior 10 the conuneocement of bidding al .a sheriffs sale or other sale pursuant to this Security Instrument. 25. Pun:hasc Money Mungage. II any of !he deb< secured by llli, Securily Instrumen' is len..o BOlTDwer 10 acquire rille to the Propeny, this Security Ins(rumem shall be a pUrchase money mortgage. 26. Interesl Rare After Judgmmt Borrower agrees fhat the interest rate payable after II Judgment is entered on the Note or in an action of mortgage foreclosure shalJ be the rate payable from time to time under the Note. Tl. Riders to litis SocuriIy Instrument. If one or more riders are executed by Borrower and recorded together with lhia Securily ,".trumen,. the COVenants and agreements 01 each such rider sban be incorpora.e; into and sholl amend and oupplement!he OOvenants and agreements 01 .his Securi.y Ins.rument as if the ,ider(s) were a pxrt 01 !his Securily Instrument. [Cbeck applicable box(es)j o o o iii Adjustable Rate Rider Graduated Paymenr Rider Condominium Rider Planed Unit Development Rider o 1.4 Family Rider o Biweekly Pa}'Illent Rider o Second Home Rider o o Balloon Rider 0 Rate Improvement Rider Olher(s) (specify] LEGAL ATTACHED BY SIGNING BELOW, BOlTDwer lCCepts and agrees 10 !be lenus and cove.an" con'ained in !his Security I."rumen. and in any rider(s) executed by Borrower and recorded with it; ~lro,~~ CHJ\lj D. LEFORTE (Sean Borrowtr tSetIl Borrower r&:.n ""~- (~n .0"""" (Sml) ......., (Seal) Borrower JS.-...............,....""""'-_ Certl_of........." I, r:.....",,,, .\,...rt<>>,< Mortg.gee" u. ,,_. Dn ,,,',1. 1701 "",,1&. ... J >< Witness my hand this 28 day of Oll/-\ro~ , do bereby certify that the COrnet addn::" of the within-named ,,,(, , .....c~ /?4 '':luS'S' . 1m . O.ll ~., .......A of Mongacee COloOfl>HWEALm OF I'IlNNSYI.VANlA, ("0/>,1:.a.1. '" ""'"""'''' 0."", 2e 'ppea"", <: hoAO day 0' O"~1oc..... D, L~f'oM~ . {CfT<\ . before me, the unders~'ned oftlccr, personally whose name ~:v' . :~'~':~~~:.~ . . i SUbscTibcd'~',~~"''',,(* <";. ;~..<~~\;;~~~~:~,~ .... ....,~,~, -$ w"... ~~( .j~_,~,;,<~,:;>::~~: ;' known 10 me (or satisfactorily proven) to be tlIe Person Instrument .... Qnowledged dial h~ executed Ibe Illne for rhc PUrposes herein conlained, IN wrt'NESS WHEREOF. I hereunto set my hand 0I11d officia' &cat. it' My Co Ex~ IiIiAL ,.~~~ ~~Nw"~ n "'~'. F,LI... TideofOtt1cer . PIlNIOSYt.V^",^. s"",. _ily................ """""" 1NSrRl1MBNT ......,.,...... IOC.Hf\f2)Qtl'CL-lQ1& I'Irphts Bod581 rAGE ,451 ALL THAT CERTAIN tract of land, situate in Dickinson ~~wnship, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at the intersection of line of land formerly of Walter S. Bear and now of Robert D. Hoch and wife, known as 1'7 Cold Springs Road and Cold Springs Road; thence from said point at place of beginning in a northerly direction along the flaid Cold Springe Road 150 feet to a point; thence in an easterly direction 110 feet more or less to the line of lands formerly of S. A. Clippinger; thence in a southerly direction 150 feet to a point in line of said lands formerly of Walter S. Bear and nc~ or formerly of Robert D. Hoch; thence in a westerly direction along line of said land of Hoch, 110 feet, more or less, to a point at the place of BEGINNING. HAVING thereon erected a dwelling house know as 15 Cold Springs Road. BEING the same premises which James K. Kramer and Wendy S. Kramer, his wife, and Jeannie L. Briggle, by their deed dated October 1999 and about to be recorded herewith in the Office of the R~er of Deeds of Cumberland County, Pennsylvania, granted and ,conveyed unto Chad D. Leforte, Mortgagor heJrein. ;, .. \ ~6 '" ~ff~~";f()r t:~~., ~s':l)rrling of Deeds ~ IcI!lrtbe'iar.d co"~.;Y'1ll1 liJnLVoT."'- 9 Q~ .. W!" 'l~lotofh .-. I , ,PAthi.~day . 80od58hGE .452 : ",,,.,... /~... .... "1". .' ,r' .'" ., ..'~ " ". WIlEN RECORDED MAIL TO: EQUITY ONE, INCORPORATED 4909 LOUISB DRIVE, SUITE 106 M8CHANICSBURG, PENNSYLVANIA [Space Above nus Line ror Kecolrding DataJ 1-4 FAMILY RIDER (AuI......,tolRellts, THIS 1-4 FAMILY RlDERI'madethls 28th dayol OCTOBER, 1999 . and Is incorporlted intoand shall be deemed to amend and supplement the Mortl8ie, Deed of Trust or Sc~rity Deed (the "Security Imtrumeot") of Ute ume date,i... by Ute lOldenigned (Ute 'Borrower") '0 secure Borrower', Note 10 EQUITY ONE, INCORPORATED, A PENNSYLVANIA CORPORATION (the "Lender") of the 8IIDe date and COvering the Property described in the Security Instrument and located at: 15 COLD SPRINGS ROAD CARLISLE, PENNSYLVANIA 17013 fPl'lIprrtyMdrcul 1-4 FAMILY COVENANTS. 1n addition to lhe covenants and agreements made in the Security Instrument, Borrower and Lender further covenant IUd agree as follows: A. ADDmONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. h, addition to Ute Property described in the Security Instrument, the followins items are added to the Propeny description, ami shall also constitute the Property covered by !be Security Instrument building materials, appliances and goods of every D!tture whatsoever now or hereafter located in, on, or used, or iatended ((J be used in connection with the Property, including., but DOl limited to, those for the purposes of supplying or distributing: beating, cooling, elecrricilY, gas, water, air and light, fire pcc\lendon and extinguishing apparatus, security and access control apparatus, plumbing, bath tubs, wafer heatc'rs, water closers, sinks. ranges. staVel. refrigerarors, dishwashers, disposals, washers, dryers, awnings, stonn windows, florm doors, screens, blinds, shades, curtains and curtain rods, attached mirrors. cabinets, panelling and attached floor coverings now or hereafter aua.ched to the Property, all of which, including replacements and additions (hereto. shall be deemed to be ;llnd remain a part of the Property ooV1:rcd by Ute Security Instrument. .AU of Ute fore,oing together with Ute Property d.:scrlbed in lbe Security Jnstrument (or the leasehold estate if the Security Instrument is on a leasehold) are referred to in this 14 Family Rider and Security ,......... as 1he 'Property". B. USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower shall not seek, agree to or ma1ce a change in the use of the Property or its zoning classification, unless Lender has agreed in wrilin. to the change. Borrower shall comply with aJllaw&, ordinances, regulations and requirements of any governmental body applicable to the Propeny. C. SUBORDINATE LIENS. Except as permitted by federal law, Borrower shall not allow any lien inferior to the Security Instrument ta be perfected against the Property without Lender's prior wriUen pemUssion. D. RENT LOSS INSURANCE. Borrower shall maintain insurance againsl rent loss in addition to the other hazards foc whJch insurance is required by Uniform COVenant S. E. l'BORROWER'S RIGHT TO REINSTATE" DEL&TED.Unlfonn Covenant 18 is deleted. F. BORROWER'S OCCUPANCY. The first stnlence in Uniform CoVenant 6 concerning Borrower's occupancy of the Propi;rty is deleted. AU remaining covenants and agreements set forth in Uniform Covenant 6 shall remain in effect. G. ASSIGNMENT OF LEASES. Upon default by the Borrower, Lender shall become the assignee of all leases of the Property and aU securily deposits made in connection witb leases of the Propeny. Upon def'luJr, Lender shall have the right to modify, extend or tenninate the exisling leases and to execute new leases, in I..endcc's sole discretion. As used in this paragraph G, the word -lease- shall mean ~sublease" if the Security Instrument is On a Jeasehold. If. ASSIGNMENT OF RENTs; APPOIN1MENT OF RECEIVER; LENDER IN POSSESSION. Borrower absolutely and uooonditlonallyassigns and transfers to Lender all the renIs and rev,enues CRentsfr) of the Property, regardless of to whom the Rems of the Property are payable. Borrower authorizes Lender or Lender's agents ta collect the Rents. and "'tees that each tenant of the ProPMY shall pay Ihe Rents to Lender or LeJJ(Il~'s agmts. However, Borrower shall receive the Rents until (i) Lender has given Borrower notice of defaulr pursuanl: 10 paragraph 21 of the Security Instrument and (Ii) Lender has given notice to the tenant(s) that the Rents are to be p~!d to Lender or lender's aaenl. This assignment of Rents constituleS an absolute assignment and not an assignment foc additional security only. If Lender gives notice of breach to Borrower: (I) all Rents received by Borrower lball be held by Borrower as IfUSkle foc the benefit of Lender only, to be applied to the sums secured by the Security IllIIrument; (ii) lender shall be etlIided to c:ollect and receive all of the Rents of Ihe Property; (Iii) BorroWer agrees that each tenant of the Property shall pay all R.... due and unpaid '0 Lender or !.ender's agents upon Lender', wOllen demand to Ute teoaot; (iv) unless applicable law provides otherwise. all Rents collected by Lender or Lender's agents shall be applied first to the C()Sts of laIdng COntrol of aDd DlaD.aIlng the Property and COllecting; the Rents, including, but not limited to, attorney', fees, receiver's fees. premiums on receiver's boods, rqtair and m;linf('n!l~ Costs, insurance premiums, taxes, assessments lb1dother charges on Ute Property. and then 10 Ute IUlllI secured by the Security (..'roment; (v) l.encler. Lender', agor," or ony jUdicially appointed receiver shall be liable to account for only those Rents actually rtceived; and (vi) Lender sltalJ be entitled to have a rooeiver- appointed to take po$SeSsion of and manage the Property and collect the Rents and profits derived from the Property withOut any showing as to the inadequacy of the Property as security. MuLl18TA1E RIDER. ..... FamBy - FNM..vFHLMC MODIFIED INSTRUMENT """"..,v.", ....,~, 1581 A53 BOOK lAG( ... Fonn 3170 (9190) If the Rents 01 the Property ... no, SUrrlClenllo cover the costs of liking oolllrol of all<l managing the Property and of oollecling lbe Rents any funtIa expended by Lender for IIlCb PUl]JOte< ,ball become iodebted..... of Borrower 10 lender secured by the Se<:urlty 11IIt0llllelll punuantto Uniform eo....., 7. Bom_ rep.....nts aod warrants tbat Borrower baa nnt execuled any prior assignment of the Rents and has nnt and will not perfonn any act tba1 wou1cI prevent Lender 1m" exercioing its rillbls under thl, p...,raph. Lender, or Lender', agents or ajudldaUyappointett recdver, shall not be required to enter upon, fake ~ of or maiatain the Property before or after giviag notice of default 10 Borrower. However, Lendl=r, or Lender's agents or a jucUciaUyappointed receiver. may do so al any time when . defaull OCCUrs. Any application of R,ents shall not cure or waive an.>' default or invalidate any other right or remedy of Lender. This assignment of Rents of the Pt'llperty sball terminate when all the IUmI IICUl'ed by the Securily Instrument... paid in full. I. CROSS-DEFAULT PROVISION. Borrower's default or breach under any note or ugreement jn which Lender has an interest ,ball be a breach under the Security Instrument and Lender may invoke any of the remedies permitted by Security Instrument. Rider. /LJ.Ii j 1':;- CHAD D. LEFORTE BY- SIGNING BELOW, Borrower 8CCqJLs and agrees to the teons and provisions CO,~tained in this 1-4 Family (Seal) Borrower (Seat) Borrower (SelIl) Borrower (Sean Borrower (Seal) Borrower (Seal) Borrower MULTlSTA1E RIOI1:R.. 1'" Fama, - FNMAlPHLMC MODIFIED INSTRUMENT ICOQInEIQY.I". ,.., 2 '" 1 Form 3 t 70 (9190) BoodS81 'AG[ .454 OR ADDENDUM TO MORTGAGElDRRIl OF ~STI nRRn TO SEClJRE DEBT/SECIlRITV __ ':! '. Thia ADDENDUM TO MORTGAGBlDEED OF TRUSfIDEED TO SECURB DliBT/SBCURITY DEED (also known.. 'Security Inatl1llllelll") Is made rbi. 28th day of OCTOBER, 1999 . and Is IllCOlpOrated Into and amends the Security Inllrument olthe same date given by the onderolgned (the "BorroWer') to _re Bonvwer', Note (the 'Note') '0 EQUITY ONE, INCORPORATED, A PENNSYLVANIA CORPORATION (the "Lcoder') 011he IlllIIe date BOd coverl"ll the Property described in the Security 1n"llIl1lenlllld located aI: 15 COLD SPRINGS ROAD, CARLISLE, PENNSYLVANIA 17013 __I In addition to the covenams and agreemems made in the Security Instrument. Borrower and Lender further aaree as foUaws: I. Ir the Security Instmmenr: is a Second Mortgage FNMA/FHLMC Uniform Inmumcnt. then the Paragraph entitled. "Payment. of Prlndpat and Interest" is amended to include prepayment charges u provided in any Prepayment Rider executed in oonnection wi[b the Note. 2. The Paragraph of the Security fnstrumeDt entitled, . Application of Borrower'. Payments" or alternately II Application of Payments, II is deleted in its entirely and the application of payments is governed by the Note. 3. Unless prohibited by applicable law. the paragraph of the Security Instrument entitled, . Acceleration; RemedIes" or alternately "Lender's RJcbts if Bon-Owtl' FaDs to Keep PromIses and Agreemmts." is supplemented by addioS the following provisions: "Additionally, Lender may require immediate payment in full of the entire amount remaining unpaid under the Note and this Security Instrument, if: (1) On application of Ltnder, IW9 or more insurance tompanics licensed to do business in the State in whicb the Property Is locared, refuse 10 issue policies insuring the buildings ~ improvements on the Property; or (2) Borrower t'aill to make any payment required by a senior mortgage. deed of trust, deed to .secure debl or other IOCUrily instrumenf. encumbering or affecting the Property or (aill to keep any other promise or I8reemem. in any senior mortgage, deed of trust, deed to secure debt or other teeurity in:rtrument eocumbetiag or affectiag the Property; or (3) Any rt!presentation made or information given to Lender by Borrower in connection with Borrower's application for the lOaD evidenced by the Note is false or misleading in any material respect; or (4) Borrower allows the Property to be used in connection with any illegal activity.- 4. For a Joan secured by Iowa real property: a. The foJIowing sentence is added to the end of the paragraph of lhe Security Instnm::teut entitled, -Release" or aUemaceJy -Redemption Period:- -Borrower shall pay any recordation and/or official COsts in connection with this mortgage. _ MULnsr"1E "OOEN'DUM TO ISTI.2ND FNMNFHLMC SECURITY INstRUMENT OENElIC (4r'10191) - SHORT R:IRM -- "M<iOISll,USM .....1"'4 BooK1581rAGE ..455 08 b. I.anguaae II added '" 1he Security Inotnunent IS 100ows: "NO'I1CE TO BORIlOWEE, I UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY CASEs PROTECI'ED PROM TIlE CLAIMS Of CIUlDITORS AND BXllMPT PROM JUDICIAL SALE; AND mAT BY SIGNING mrs MORTGAGE. I VOLUNTARILY GIVE UP MY RIOIIT TO mrs PROTBcTlON fOR mrs MORTOAGED PROPERTY WITII RESPECT TO CLAIMS BASED UPON THIS MORTGAGE.' c. If the Security Instrument is a second or junior priority Security Instrument, dleD. lhe following awllco: Unless otherwise preeq:lttd by applicable federal or other law. the prepaYJl!Mml penalty and attorneys' feea: provlslons from paragraphs 1. 3. 7, 18 and 21 are deleted in rhf~lr erulrety. 5. The paragraph of the Security lostl11D1el!t entiUed, -Transter ot the Property Dr . Beneficial Interest 10 Borrower.. is amended by changing the notice of default or acceleration to be al least 60 days jf the loan is secured by a secondary lien on real property in the State of Connec:licul and at leasl 35 days if the loan is secured by a lien on rea] propeny in the State of Oklahoma. 6. For a loansecurcd by Ka.asas real property, lflhe Security Instrument is Fonn 3017.lhe last sentence In lite paragraph endUed, "Acx:eleratlon; RemedIes, tt is deleted and replaced with the following: IlLeader shall be entIded to colle<<: all reasonable expenses incumd In pursulnl the mnedies provided Iq this paragraph, fDeluding. but Qot limited to, reasonable attome,'S' fees, to the extent allowed by applicable law." 1. For a loan secured by Ohio n:aI property, the following language is added after the It~gal description section of the Security Instrument: In addition, the paragraph entitled, "Attorneys' Fees, II is deleted in its entirety. -nis mongage is given upon the statutoi)' condition. "Statutory Condition" is defined in Section 5302.14 of the Revised Code and provides generally that if BorrOwer pays the indebtedness and Performs the other obligations secured by this mortgage, pays all taxes and assessments, malutains insurance against tire and other hazards and does Dot commIt or pennlt Waste, then this mortgage will become null and void. .. 8. For a loan ICCUred by South Carolina real property: If the Security Instrument is Ponn 3041, the aeoond .semencc of the paragraph entitled, lWalYerB,. is deleted. If the Security Instroment is Fonn 3841 the paragraph entitled, .Waivu of Rleht of Apprafsal," ill deleted. 9. 1be para,rapb of 1he Security lnI,rumeo, entitled. "Law That Governs TIlls Security fnstrummtlMortgage. or alternately "GovernIna: Law; Severability," is amended b), deleting the fusI sentence and replacing it with the following language; 'This Security Instrument sb.al1 be gOVerned by federal law and, to the el'itent not inconsistent with or mocc restrictive than federa11aw or regulatioD governIng Lender. tbe laws of the jurisdiction in which the Property is located. . MULTISTATE ADDENDUM TO IST/IND fHld.vFHlMC SECURITY INSTRUMENT OENEIIC {413O>'9B1 _ SHORT FORM ........,.", ","fGOaD.USM ,"",1Gl't Baod581 PAGE..456 OIl 10. If Ihe Security I_Is a 1<0000 or junior priorl'y Secorlty ""_, lhen al'U'IIIBPb Is added to the Security InItrumem II 1011owr: 'WAIVIlR OF RlGIrI' TO INCREASE PRIOR MORTGAGIliDEED OF TRUST, Borrower hereby wIIv.. Ilonower'. riJlbts if BOy, to incrwe any senior deed 01 "''', llIOttAle or other _rity inI_ on the Property onder any provision oontalned therein SOvemlnl optional future advances. and, 10 the exteat permitted by law. waives Borrower'. rigblS under any law which provides (or an iucreue of said, prior deed of trust, mortaaae, deed to secure debt .:;tr other security inatrumcnt to PlY for repain. iq)rovements. replacements, taxes, municipaJ liens., wea:smcm, DC other charaea on the Property. II. IIOlWidll'lIldinglbe Iore,olns waiver, sucl1 t\uuls are advanced to or on behalf of Borrnwer. wbether voluntarily or involuntarily, Borrower agrees that Lender, at its oplion. may acc:eIerale the indebtedness secured hereby. ~ 1 J. A provision is added to the Security Insttument u follows: -Borrower hereby acknowledges receipt. without charge, of a true copy of the Security lnstrumeot. It 12. Eserow Waiver IX! If Ihe box above has been checked, Lender waives lhe requirement for Borrower to make payment to Leader (or the escrow items referred to in the paragraph of the Security lnstrument entitled. "Fuadr\MOBtbly Payments lor Taxes IDd Insurance, II Borrower shall pay these obligations on lime directly 10 the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under lids paragraph, and receipts eVidencing such payment. Unless otherwise prohibfted by applicable law. Lender reserves the righl to require Borrower to make payment to Lender for the escrow ilems n:ferred to in the paragraph of the Secwity Instrument entitled, ~Funds\Monthly Payments tor Taxes and Insurance," jfBorrower defaults in the payment of tueb escrow items and SUch defaull is nOl cured within the time set fonh in any notice sent to Borrower by Lender. Lender reserves such rigbt eYeD though Lender did not establish such escrow account as a condition to closing the loan. If Lender requires Borrower to make p&)'m"'..nts to Lender as provided herein, the provisions of the paragraph of the Security Instrument entitled, -Funds\Montbly Payments tor Taxes and Insurance" will be in full force and effect. 13. A pqraph Is added to the Security Ioatrument " follows: "FORCE PLACED INSURANCE. Unless otherwise prohibited by applicable law, ifElorrower does DOt provide Lender with evidence of insurance coverage (for any type of insurance lbat is required by Lender), Lender may purchase insurance at Borrower's expense to protect Lender', inferests in Borrower', Property. This insurance may, but need noc., protect Borrower'. interests. The COverage that Lender purebasea may DOt pay any claim that Borrower makes: or any claim that is made qainst Borrower in connection with the Property. Borrower may later cancel any insurance purchased by Lender, but only after providing Lender with evidence that Borrower has obtained the required insurance. If Lender purchases insurance for the Property, Borrower will be responsible for the costs of that insunmce, including the insurance premium, interest at the rate provided by the terms of the NOle and any other charges fhat the Lender or the insurer may impose in oolUleCtiion with the placement of the insurance (for example, a fee from the carTier for plOceS$ing the force placed insurance), until the effective date of the cancellatJonor expiration oftbe insurance. 1bt~ C<lS($ of me insurance may be added to &rrower's tolal outstanding balance and secured by Ihis Security Inslrument. The costs may be more than the cost of insurance that Borrower may be able to obtain directly because Lender will be Purchasing insurance under a general policy that does llOl consider Borrower's individuallnsurance situation.. MlILTlSTATE ADDENDUM TO ISTI2ND FHMAfFHlWC SECtJRlTY INSl'RUME/'lT OENElJ<: C.4lJOl9I) - snORT FORM H-.,. IIMGOI5B.uSM ""hU Bod58hGE .457 O~ 14. A pananpb Is added to tbe Security Instnunent .. Iollows: 'Verificltionor reverificariOllof the Property's valuation or any other lnfol'lnllionnolrmally contained In an appralaal may be required as part of Lender', OIIJOlns qnali!y C<lIItroI proc:edo.... Borrower - to ooopente IIIl1y wilb Lender ancIIor its asenra, ow:c:euon or UliJos 01 obtalnlng BOd compleling a MloppralJaI in tbe future at Lender', sole option BOd _.' . U. If an Adjustable Rate Rider is eJl;ecuted, in conjunction with the Security Instrumet:Lt. IUch rider is IIDOOdecI by: a) deleting the lIOC'ioD entitled. '"I'ransr", 01 !be Pnlpcrty ... . _c:la1 IlIterat In B.......-,' and b) adding to tbe IIOClIoo entitled, .lnt...... Rote and Montbly Payment Cbanges' (D) nLlmits OIIberst Rate CbangfS, II lhe following language: 'My interest rale will never be Jess than '.C." 16. If the Security Instrument is assigned or transferred. all or a portion armis Addendum may be voided It the opdon of the assignee or transferee. Any terms and provisions of this Addendum which are voided wiU be governed by the original terms of the Security InsUUmenl. ' /L-../.#. l?n#' 110m...." lIono... ......... """""" ........., Bono...., MULTlSTATE ADDENDUM TO ISTIlND FNMM"LMC 5a:URITY INST1I.lIMENT GENERIC (41J0191). StI0RT FORM ".......... AhfGDISB.USM .....40r. BOOk 1581 'AGE ,458 . . Exhibit 'B' , NOTE OCTOBER 28, 1999 MIlCllANICSBURG, (CIty) PIlNNSYLVANIA ~""'I 15 COLD SPRINGS ROAD, CARLISLE, PENNSYLVANIA 17013 ~- 1, BOlUlOWER's PROMISE TO PAY In mara for a inIIl that I have _ved,1 promIJe ll> pay U.S, $ 51,590.00 (lhIa IIIIOlllIt II ca1Ied 'prlnolpal.),pluainterat....theorderofthei.ftlder. '!beLeoderIl EQUITY ONE, INCORPORATED, A PIlNNSYLVANIA CORPORATION 1- tbat the Lalder may Irana,.,. lhIa NO!<. '!be Lender or _ who takes lhIa Note by _ aod _ II entided to _ payments under lhIa Note II ca1Ied the .Note Holder.. 2. IN'I1tIlEST Intemt will be cbarJcd on unpofd principal ..Ill the full amount of prlnclpal has been paid. I wUl pay in_ at a yearly....of 11.950 ", 'lbe.lnterat.... required by lhIa _ 2 is the _I wUl pay bolb belore aod after any dehult dllcribed in Sectlon 6(I!)0Ithi,Nore. 3. PAYMENTs (A) 11me and PIa.. ofl'loymlftts I will pay prlncipal and _ by maJdng _ every month. I wlll malre my monthly paymeoll on 1he 2nd day 01 each month besinnlna on DECEMBER, 1999 . 1 wUl malre these paymenll every IIIOI1th lIIlliIl have paid all of the principal aod _ and BOy tither clw&ea _bed below that IlIlIY owe underlhl, Note. My monlhJy _ will be oppUcd to _ before principal. II, on NOVEMIlER 2, 2029 ,latlI1owellllO\UlllunderthisNote, lwilIpaythose_lnftJllon tbatdate, wbIch ls called the .Maturity D..... IwUlmakellll'monlhJy_" 4909 LOUISE DRIVE, SUITE 106, MECHANICSBURG, PENNSYLVANIA 17055 out a _ plllce If required by the Note Holder. (8) Amount of MonlbIy Pa,meats My monthly payment will be In lbe amount 01 U.S. $ 528,68 4. BORROWEE'S RlGHT TO PREPAY 1- the riJlbtto -. pay..... ofpriDcipal at BOy time belore they ate due. A payPleOt of princlpol ooly is Itnowo u a .prepayment'. Wben I -. a prepayment, 1 wUl tell the Note Holder In wrltlns that 1 am cIoIJ'8 ... I may make a fuIlpreplyPleOt or pattiaI prepaymeotswitboul PaYlns BOy prepayment cbarge. The Note IIoIdar will ... all of my Prep_Is to reduce the amount of princ:lpoltbat 1 owe. onder lhIa Note. II 1 make a par1lal prepayment, there Will be no chao,,, In the clue date or In 1he IIIIOUIIl of my monthly payment unI... the Note Ho'\cler ...... in wrltlns to thOle cbangcs. 5. LOAN CBARGES lIalaw, wbJch applies to lhIa loan and which.... maxlmwn loan cbarsea, ls 6naI1y Inletpreted .. thBl1he _ or .- loan cbarses oollected or to be 001Jected In _ with lhIa loan _ the pennlned Ilmlls, then: (I) any anch loan cbarae - be - by the amount -..y to rcduoe the clw&e to the permillcd Illni~ and (D) Il\Y IUlllI already ool1ected from me wblch ex<<cdcd permlned JImllI wUl be IOlundcd to me. '!be NO!< Holder may choose to moire lhIa refund by reducing 1he principal I owe under lhIa Note or by maJdng a direct payment to me. If a reftJnd _ principal, the redactlon will be treated u a par1lalprepaymem. 6. BORROWER'S FAIL1JIlE TO PAY AS llIiQUIRItD (A) Lote CbarJe lor Overdue IVmenla II lbe Note Holder b.. 110I received the fuIl8ll101llll of any monlhJy pay_t by 1he end 01 1 () calendar daya after the date 1111 clue, I will pay alate c:harJO to !be Note Hblder. Tho IlIIOUnt 01 the <barge wiD be 5 , 00 " of Illl' overdue payPleOt of prlncipol and _. I wlll pay lhIs late charse prompOy but only once 011 each late payment. (8) Defaul' . . III do no! pay 1he full amount of eachmonlhJy payment on !be date It I, due, I will be in default. . (C) N_ of Default If I am In dafault. the Note Holder OIly Bend me a written non", telllns me tbat if I do not pay IlIe overdue ainOunt by a certsIn -. 1he Note Holder may require me to pay 1Iumecllately lbe fuU amoun' of prInclpol whltb Iw nol _paid Bod alI1he _thai I owe on tbat amount. That date ...., be at _ 30 daya after 1he date on which 1he notice Ia deUYered or mailed to me. (OJ No WIllver By Note Bolder S_II, al , time when I am In defauk, the Note Holder does not Rquinl me ., pay 1Iumecllalely In full as _bed above, the Note IfnIder will atlI1 have the rigbtto do ao if 1 am In dafault Bl a later lime. . (E) I'ayme"t of NoIe Bolder.. COlla and Expenaes If lb. Note Holder has required me ll> pay immedlate1y In full u deacribcd 1110.., the Note Holder wUl have the riJlbt to be paid baclt by me lor all of lls COBlI Bod _ In enforcing thi, Note ll> the exleOl not prohibited by applicable law. Thole -.... include, lor ~Ie, _i.! atlomey,'leea. 7. GIVING OF NOTICES UoIesa appllcabl.law requIreo a dlffmnt method, BOy noD.. that IlIllIt be II_ lu me onder lhIa Note wUl be liVen )ly daUverlng It or by IIIIIJIna 11 by Ilrat elut mall to me at the Pnlperty Addm, 1110.. or Bl . dIfIem1. _ If 1.11" Note Holder, notice of my d1Iferent addreao. . IIltID RAm NOI1t -~......., . JmlAJJ1iWc lIIIIJOIlM INS'I1llIMIlNT 20905 ~ 11624 "'of'l ......_121I3 -... / , Any lIOClre that _I be liven 10 die Mote HoItIor _lhIa Note will be pl'08 by lllBIUnjl It by flnt cJau IIIIlIIO !be Note Holder Bl1he addreaa llBled In Sectloa 3(A) above or at a dlII'aaII addroaa if I am 1il'0I a IIOClce 01 that dUfelOIrt addreaa. a, OBUGAnONB OF PEIIBON8 UNDER TBIS NOTE It_Ibm.... - aIsaa tbls Nota, each _ II fully IIId -.uy obUaaledlO bop all of !be Promllea IlIBde Inthil Note, IIIcIudinBthepromile 10 pay lbefuIJ _owed. AlQo_..... lIa_, auretyor ...w-oflhla Note fa oIao oblllaled 10 do lbeae lhlnaa, Aay persoo who _ """ lbeae obliaadona, Iac.ludlng the obUaBllooo of a -, aurety or IIIdoraer 01 tbls Note, II oIao obUlaled to bop all oflbe [lIOIIIIaea made In lhIa N.... The Note Holder may -- Ila rIibta - tbls Note apinIIeach person indMduaIIy or aplnst all 01.. toaetber. 1biI mew that any .... of.. may be I<qIllred to pay all 01 Ibe __ owed lIlld... lhIa Note. 9. WAIVERs . I and an] - person ..... hu oblJsatlona _ this N... wai.. the riJlbts of_t aod noUoe of dlJbonor. """"""-' mew the riglJt 10 JOqUlre lbe N... Holder to dernaod _ 01_ due. 'Notlceol dlJbonor' means the right to n:qulre the Note Holder to 8lve 000.. 10 other _ lbat __ due bve oot been paid. 10. UNIFORM SEClJRRD NOTE 1biI Note Is a unlfono butrument wlIh IImlted varlBllooo In aome}urildlcUoua, ID addldoo to the JIlIlle<tio.. alven to Ibe Note Holder under lhIa NOle, a Mortpge, Deed olTruat or S~ Deed (the "Security InatrlllllOlll"), dated the..... date u lhIa Note, _1he NOte Holder froto J>OUlbIe..... whldt mJcht result III do not bop Ibe Promloea whldt I _In thll NO/e. That Secority butrument describes how aod _ wbat CODdltfoul may be required to malre lmmediate - In 1IIU of alIl1DOWll1 1 owe UOdatlhla Note. Some oIthooel'ODdltiooo.lre deacrlbcd u IbIJoWl:. Trao.d'... 01 the Property or a BeoeIidallotereat In Bom......, It all or Illy part 01 lire Propeny or BOy intereat In It II ..Id or lrW!med (or if a beneIida1lnreres, In IIonower II oold or lnnsIemod aod Dorro..... II IIOt a Dattlnd person) wlthoutLeoder'a prior written COOIenl, Leoder may, Bllla opllon, '"'I01re ImmecIIate paYtDml In full of all BlImB - by thI. Security butrument. However, lbll opIIoa 1IbaIl not be _ by Leoder If exercfae ls prohibited by federal law u of1he date of lbll Secority Inatrumeot. If Leoder exen:loea lhIa optloa, Leoder 1IbaIlst.. IIonower 0011... oI-.leratlon. The noli... 1IbaIl provide a period of 001 leu !ban 30 daya fr0t01he date the DOClce II delivered or malIcd within whldt Bonower IIIUIl pay all ..... - by Ibll Secority Inatrumeot. If Borrow... lalla to pay these IUlllI prior to 1he llItplte1lon of ibis period. Lender may Invoke any remedies penn!ned by this Security Inotrumem without furtber llOtl... Or dernond on Ilonowet. Ilonower has execotoil and oclcnowledscd n:c:eJp, of PI8BS I BOd 2 01 lhIa NOte. WrI'NEss TIlB HAND(S) AND SI!I,L(S)' OF TIIB UNDERSIGNED. &1i. X-:J CHAD D. LEFORTE (Seal) Borrower (ScaI) Borrower (Seal) Borrower (Seal) Borrower (Seal) Borrower (Seal) Borrower (SilO Original Only) MlD.'lfSTA11l ftXID 1lA11l1illTl...... ,...." -l>1MAIrBwc lIlI'DoRM I1181'RtlMENT -- 20905,1l621 ....."', 'GnII320012It1 -"" ADDENDUM TO JNMA NOTE 'IIdIADDBNDUM TO N011l Iamade tblJ 28th dayof OCTOBER 28., 1999 , BlIIIIa .........w Jato and - and _Iemeats 1he Note, AAij_1e Rate Note or Balloon NOlo of the _ date, aod any ..........and_oflllalNote,.lvenbythe~("~,)to EQUITY ONE, INCoaroRA~, ~ PlliNNSYLVANIA CORPORATION ( Leoder")( NOlo ). ID _a to the _ RlIda In the Note, Borrower and Leader ftuther.,... M1blJowa: I. IIa1Joon Paymeu Loan 0 If tIIo box abo.. haa bec:n _, the fnJJowIng Jl'OIIIatona are acIded to 1he Nota: A. "THI8 LOAN IS PAYABLE IN PULL AT MATURITY, YOU MV8r REPAY THE BNTIIlIl PIlINCIPAL BALANcIi: 01'THELOAN AND UNPAID IN'11lRIrsT'I'IDlNDVE. THE LENDER IS tINDER NOOBUGATlON TO IlBJl'JNANcI: THE LOAN AT THAT TIME. YOU WIlL, 'l'BERIlJIo1lE. BE RIlQVIRl!D TO MAKE PAYMENT OUT 01' O'I'.BER A8S.ETS THAT YOU MAY OWN, OR 1'OU WILL HAVE TO FIND A LENDER, WBlCII MAY BE THE LENDER YOU HAVE THIS LOAN WlTJI,' WILLING TO LEND YOU THE MONEY. JlP YOU RIlIl'INANcE THIS LOAN AT MATURITY, 1'OU MAY HAVE TO PAY SOME OR ALL OF THE CLOsING COSTs NORMALLy ASSOCIATED WITH A NEW LOANI!VEN IF1'OU OBTAIN REFINANCING PROM THE SAME LENDIlR." B. Tho "Pa_' - of1he Nore Ia _ by deIetins the fhal_ and JepIaoing j, ~itb tIIo IoBowlns Iaqnage: "I will pay priDclpaI and lotnmt by mating pa_ every monlb. Each of my rogu\ar DIOnthIy _, lOtOqlt for 1he flnaJ paymenl, will be 10 the - 01 U.S. $ N/A . Alsumlns .tlIocbeduJed _ of priDclpaI and........ are made on tbelr due daleo, the fmal pa)'IDeD/ will be U.S. $ N/A " [New York only: "The above lpeclfied flnaJ pa)'IDeD/ CODI/a.. of U.S. $ N/A whlcbwll1 be priDclpaI aad the balanoe will be Interear. "J 2. The tecdoa of tIIo Nota endt1od, 'Borrower'a PromIse to Poy,' Ia amended by adding the IoUowlns languq. after the flrat -: "Any BlIIOUIIb owed onder the Securfty lDs_thalla executed 10 conJunction with lhIa Note are and aball be part of the debt obligation under lhIa N.... " 3. If the Nota Ia a aeooad mortgage Note, 10 the aecdon of the NOte endded, 'IDtereot,' 1he language, If any, wbicb Itsleo that lotnml will be clJarsed "besInnJng on the date of lhIa Note aod continuing" la deleted and '"Placed with "DO nnplld pdncjpaI." F1Inber, a new ........ la acIded: 'The........ _ roqufred by tblJ Sectlon 2 ., the _ 1 wiD pay bolb befom aad after any defiml, descrlbcd in the aectlon 01 lhIa N... regarding "Default.' 4. If the Note la an adjUBlsble - Note, the aectloa of the Note auitJcd. "lutenst,' ls _ed by addlns the IoBowin& Jansuage at the end of the aeoond aentence: 'wiJloh, except fur odd daya'lntereat, If any, wiD be opplied to a 360 day)'ear CODsIsting of 12 moolha with 30 day. each. 10/e_ wiD be cb1rged untl1 the priDclpaI haa bee" paid 10 fuU, " ,. If the Note la an adjuallble nte Nole: a) !hi: section of the Nore endtIed, "Po_" (A) "TIme IIlIld Place of Po_." la IlIIended by deleting the aeotence wbIcl1 reads, "My monthly pa_ will be applied to Interear befom principal. " aod "'PIacIns it With the foUowlns Jansuase: "Ilanb ofmy mplar monthly pa)'lDeDll will be applied fha, to BlIIOUIIb du. fur any eocrowa fur ..... and lnsnnnoe onder the Securily IDstrumcot, then to _ and UOpald lntereat u II tbe payMent la made on ill due date, m,anlless of wbeo the pa)'IDeD/ la -.uy JO<eIved and the _..., If any, to the unpaid princlpaJ~. Any Ialo charges, oollecdon ..... and _, cIlJIlonored nbect: cbargoa and paym.... made by lb. Nore Holdar '" eoforoe lhIa Nore and/or to p1'Okct the Nate Hol<Ier'a lotnm.. onder the Security IDsttumDlll will be ......... -Iely. ThlJ does DOllsb bUn - any pa)'lDeDll'fur optional mortgage Producta that are cb1rged to my 1ICCOUnl." ancI b) the aecdon of the N... erttilied, "latenst Rate 8Dd Monthly Pa.Yment Cbaaaes' (D) "LImilI on lute.... Ral. CIwIges," la amended by addlns 1he follow1ns language, "My lotnml _'wiD never be I.., than N/A %." 6. If the Nore la a fixed rate Nota, 1he leClioo 01 the NO!< endtled, ''Time 8Dd PIa.. of ~_" or 0I1emateIy "Po_," la_ by delerins (If applicabJe) the aeotence wbIcl1 reado, "My monthly paym",u. wiD be applied to Iorereat befom prinolpal." and by addins the IoOowlns language before the ._ whlnb CDIItIhio the maturfly date: "Blob of my leJUIar moothJy pa_ wiD be applied firll to BlIIOUIIb due fur any eocrowa lor "'e, and inIunnce 1IIlder the Security lnatnnnent, lbeo to - and UOpald Interear to 1he date of_DIll and the remalnder, If any, 10 the ullpJ!d principal balance. Any fate cbargoa, 008_0 ..... and D>pellJeJ, dlabonorecI nbect: nbargea and PBYmeots madn by the Note Holder 10 enIon:e tblJ Note and/or to p1'Okct the Note Holder'. lntereatJ onder the Securi\Y InattumDlll wiD be ...- Beparalely. 'IlU, does DOt lsb Ioto ICCOUnl any pa_ lor oplIonaI mortsas. Produ... that are nbarged to my account. 7. A. Tho _on of 1he Nota entitled, "IIom>wer"lllght to Prepay' or IlternateJy 'JIorrowu'a Po,_to Belote TIrer Are Due," k - by: a) addlns to the end 01 1he fhal -.nee 1he IoUowlns Jansuase, " but the Note Holder ""y apply IIlIJI tendered pa- flrat to any BlIIOUIIb tben due aod 0Wlns onder lhIa Nore OJ' under lb. Seeurlly IDsl11llueat.": b) deIetins the aeotence wbicb Ilatea, "'!be Nota Holdar wUl ... III of my prepaymenu to nduee the - ofprincJpaJ that 1- onder tblJ Nota. "; and e) addlns after the flnaJ '_!be Iollowiog 11IIIIUJge. '&oept u provldad in the "Loan Cbargea" Iecdon (If any) or otherwise proy/dacl by applicabfelaw. the. Note Holder earns any Preplld finance cbarge at the tlm. the loan la made and DO part of jl Will be refunded If 1 poy in fuU ahead of schedule. n MtI..rar.t.TI"DDII9I:It.Iwl'OlIl'1ZND ---.... -., -... ....'"U lIHTO.J1A.USM . B. If. ~....d dIIlJe la _In ""'........ wlIh tblJ loan, Ibo -0.. oflbo Note onthled, ....... Choraea' (It any) fa - by adcIlDa llllbo ODd of1he ftaal_1be CoIlowlns......... .....dtouI BOy pnp.,_ d1aqe.. 8. In Ibe Stale of ~ . paovlaloo la added to tIIo Note ralollnwa: "CeatrodetI for Iiate of '-at, 1_ to pay an elI'ecdve _ 6>r rato ollall!natequa/ '10 Ibe IDtaeotrato u [IrOYlded In thla NlIle and Ibo adcIldooallDtaeot ItIIIItIns !rom any MdldoaaI Sumo, 1he AddlllooaI Sums IbaU COlIIlat of aU feea, dJapa, SOOda, lhJnga 10 ICt;loo or otbor - or tblnsa of vaIuo (otbor than ~ u JlI1lYlded In lhIa NOlII) pafd or payable by mo, - - to lhls Note, the SecurIty "'-t -.ing lhIa Noc. or any other "'- or inI1rumeni 10 BOy wljI peItB1oioa to tblJ Ioaa, that may be deemed III be ....... tbr Ibo JI1IlPOIO of any law oflbe StIle of Arlzona that may Ilmit the maximum ....... of_to be <IIalJecI Wl1h _ to 11110 inIIl. The AddJllooaI Sumo IhaU be doomed to be addUlonal lnremt lor Ibe _ of BOy anch law oaIy,. 9, The - or dre Note enUtIed,'Lote CIwp for Onrd1Ie"PoY1lUllll,' I, amended by nplaclns 1he won! .Overdue. 10 the - - wllb the won! .achcdnled. ",,10 the SUtea 01 Colorado, Delaware, Idlho, MlsaachllleUa. North Carolina; RbocIe IsIand (If -....I by .1eOOIIdary .Ilal), Ulab and WlaootIIin In which Ibo won! .overdue. IhalI be repla<ed with 'UOpaId - of the.' If the Note II · fixed .... NOlII, after the llIlII_ add the l'oIIowIng language, .Any late cbarse wiD be 10 addition to Imerest on 1he theo oull1ancllng priDcJpal for each day the paymeotla late. . 10. The -- of the NOlO "'titled, 'NoIlc:e of DeI.oIl' aod "Ualr0l1ll Note,' ... amended by oIwl,glns the _ of default or -_00 to be at ~ 60 da1JIll the Ioaa 10 -....I by. aecoaduy Ilen on real property In 1he StIle of Coonecdcu, BOd at ~ 35 da1JIlfthe Ioaa I. -....I by .Ilen on .... property In the StIle of 0klaIt0ma. 11. If lhIa 10 an adjUJlsble .... Note, theo 1he aubparasraph entlOed, "'I'mur.. 01 lire Property OJ' . Benendal Inlerest In B_,' II ameoded by deleUns the JH'OViaiooI relq to UIIlIr4>don 01 1he Ioaa. 12. I!x<ept for th, Staleof Kcatudty, the rectioo of the Note "'tltJed, 'Poymeat of Note Holder'. Com IlId Expenses.' I. deleted 10 I.. "'llrety and 10 repla<ed by the CoIlowlns llIJiUOie; 'If 1 default. wllelber or DOl the Note Holder "" required me to pay immediately In CoIl u daacribc:d above, the Note Holder wUl bavethe rishr to be paid bal:lt by me lor rD of Its..... aod _10 eaIon:iog thI, NO!< to Ole _ IlOt prohibited by applkablelaw. 'Iboae _ iDclude, lor example, lOUOllIble attomey.' f..., 001lenUon..... and _, rervfclng lees, BOd cIiIhooored - cbarses to the fulleat..- not problblted by appIlcrblelaw.. 13. In the Stste ofKeotuclty, the - 01 the Note ootldad, "Payme"t ., Note Hold..... Com ond E.........," ls deleted In Its BIlllIay and nplrced by dre lbllowlns I_a; .If I default, whether or DOl the Note Holder hu required me to pay immediately 10 full U de'cdbed Ihove, the Note Holder Will have the rishr to be pafd bal:lt by me lor all of Its..... and _In eaIon:iog lhIa Note to th.. _ nor problblted by appllcrbJe law. 'Iboae - 1ncJuda, tbr example, 1OUOllIbl. .~' fees DOlin...,... ofll1l.... _ (13") of 1he UOpaId brlancc 01 the inIIl paid to an attomey DOl . aoIaried CIlllploy<e of lbe Note Ho\cler. I will oJ", pay . .......lble cbarse for each eIlrhooored _,draft or other Inrttomeatlaauec1 by toe 10 paymmt on lhIa inIIl.. 14. The - 011he NO!< enuOed, 'Ob~blJJl1 of Peraoos Under 1bia Note," lr amended by llCIdiDJ the lbl10wlns /uguase to 1he end of 1he lint _; .. . .p"" the cbarses II dasorlbed In the - eutltJed, 'Late Charses for Overdue Po_. and 'Po:_ ofNoto Holder'. Com ..01 EI:peua." In IdIho, MllIJ'laod, Soulb DaItolI, T.... aod Ulab, 10 add1tJoo to ""- rpecllied el&ewbere In lhIa Note, In tbe Security Ior_ slveo to .......lhIa NOle, or 10 BOy other _10 """-100 with lhIa Note, I.".. to pay 1he IoUowlngl'<llalJeclIo_ with lhIaloan: 1he Leader'. BDorneya'/daaJog _' fees lor aervioes_1n _00 with the ptq>oratlon, cloalos. and dlJl>uroemmt of 1he loan; any _, tax or cbarse poId to . BO-..r asen<:y; examlnatlon of title, BppraI&oJ or ..... tIOCeUaty or appropriate to lbe -.rlty of the 1_ 1''"''"_ for ctedi, life, - accideot and beaJth, - dlJabUlty, Invobmtary unempI_ benetlt and rimilor In&uranoe 0(_ bot only If the lnaurance fa optioaaI wllb me; _UOlI lor ptOperty lnaurance and HUelnaurance from an Iu&urer 01 my choice: deIemJ lees; ..11nan<ing cbars"; POints; IIood c:erti1lcatioof...; aod any othercbars". bot not 1ncJllding any lees or 1:lwJes lor any aervk:e& for wbJch 1 may not be obllJed under the Truth 10 Uncung Act, the Real Eatare SettJement Procec1_ Act or any other atatute or l'eJUlatioo. . 15. In the StIle 01 Vlrslnla, the first sentau:e in 1he ,ectlon of the Note (Form 3200, 3260 or 3520) entitled, "Wal.....,. lr deleted and IIDeIIdad to read as follow" .1 and any other peraon wbo hu obllJatino& under thla Note walve1he rfsbll of _t and DOtke .,1 dishonor and waive 1he bomeatead """PIlon.. 16. In the Ohio (Form 3936) aod M_._ (Form 3922) Seoond Mortsage Notel, the &01 two......... 'f Ute rectlon OllliOed, 1Iom>_'. Po_ Bel.... They Are Due," ate deleted. l7.A. In 1he Stare 01 New YorIt, If Ute 10lll1a a DrDoon ~ Loan then . new ,ectlon lr added to the "ote u 10110"": 'NonCE OF MATVRITY 1 wlllJOCelve. notl<e 01 maturity 110I1.., tban ninety (90) days nor more than 011O h_ twenty (120) daya prior to the OlIturity 01 the inIIl. TIlE TERM OF TIlE LOAN rs 30 YIlARS, AS AIlE8VLT. YOU WILL BEllEQVIRED TO REPAYTIlE l!N'I'lRE PIlINCIPAL BALANCE AND ANY ACCRUED INTEREsT TIlEN OWING 30 YIlARS nOM TIlE DATE ON WHICH TIlE LOAN PROCEEDs ARlI: DISBVlI8ED. ....1IIr4T1ADD1HDUwTO III'IH) PMfMIIILMC NOTI 011,. =... """"...... ....hn B. . .'. " , 18. .~l 19. A. "i , , .I 8, , .; 1BI! LF.NIlER BAS NO OBUGATlON TO REFINANCE TBIB LOAN AT TBI!: END OF ITS TEIlM. '1'BDBroRll, YOU MAY n IlEQUIUD TO REPAY 1BI! .LOAN OOT OF ASSIlTlI YOU OWN OR YOO MAY RAVI TO I'INJ) ANO'1'IIER LENDER WILLING TO 1lEPINANCE TBE LOAN, ASSVMING TBIB LINDD. OR ANO'1'IIER LlNDD.1lEPINANCIlS TBIB LOAN AT MATVRITY, YOU WILt PROBABLY n CIlAkGED IN'I'EREsT AT loWUaIT RATIlS PRlCVAJLING AT TlrAT TIl\lEAND SUClIllATIlS MAY n mGBllll T1W11BI! IN'I'EREsTRA'IE PAID ON TiDs LOAN. YOU MAY ALSO RAVI TO PAY BOlIO! OR ALL OF 1BI! CLOSING <:oars NO!lMALLY A!lliOCrATED WITII A NEW MORTGAGI! LOAN.' Ia the - of New YOIt, If the SecurIly ""_ which aecureo 1he Note ia a -..I or junior prlorl1y Security Ioatzumem - 1he Ill10wlns _ appllea aod a .... provialoa ia added.. follow" 'DEFAULT IN 1BI!PAYMIlNT OF TBIB LOAN AGRIlEImNT MAY RESVLT IN 1BI! LOSs OFTIIE PROPERTY SECURING 1BI! LOAN, . VNDER IEDERAL LAW, YOU MAY 1M VI TBE RlGIIT TO CANCEL TBIB AllIlEBMllNr. IF YOU RA VI TBIB RlGRT, 1BI! CREDrrOR IS 1lIlQUIIUlD TO PROVIDE YOU WITII A SEPARATE WRlTrIlN NOTICE BnCIFYING TIIII: CIRClJMSTANCES AND TIMES VNDER WBICIf YOU CAN EXERCISE TBIB RlGBT:' A provlalon ia added to the Note u followa: 'ADDmONAI, Sl!RVICING FEES: In addition to cbarses opecUIed 01_ In thll NOte, Ia the SecurIly ""-.lveo 10 _lhIa NOte, or In any other _In _1100 with tbls Note. 1_ to pay, 10 the lIdleat...... not pmblblted by applll:abl.Iaw, tile I>IIowtq If dwged In _ with thia inIIl: BOy fees 1mpoacd by lbe Lender', diBcbarse or utIor_ of 1len(a) (whether upon payment In lbll, occeIenlion or matority): payolI QIIOltS/c:Ilar,..: delIvery cbars"; inapcdion Ceea llldIor payment hlstol)' dwg..." A provlaloo Ia added to lbe Note u loIJowa: 'APPUCAIILE LAW. Tbia NoIe IhalJ be SO_ by federa1law aod. to the ......, not IIIOOllSiotent with or more _vetlJan federa11aw or resuJatlonSO\'tllllng the Lender. the lawa oltheJurfadJctJooln wIiI1cb 1he propeny defined In the Security ""- u the "Property" ls 1ocatcd. In the...... of a oonfIict between Illy provlalon oflhla Nole aod BOy oUcb law or resnlllion In efIect u of 1he date of lhIa Note, aoch law or reJU/atlon ~1aI1 OOObOlto 1he...... of anch ooalIid aod the 00lllIlcdng (lI'OYialon ooolalncd In thla NOle IhalJ be wltbou, efIect. All other proYisloos 01 tbl, NOle will romaIn lblly'.fI'ectlv. BOd enforceable." . In the StoIeI of Matyland. Mlmlesots and 0bJ0 a proytalon ia added 10 the Noll: u follows: lIfaQ</.aDd: '!be Lender eJ.... to IlIaIa: finl monpge loana 1IIIder Md. Com. Law Code Ann. 00.12, ..bdUel aod the Lender 01.... to mak. - lllOrtpJelOllllunder Md. Cow, Law Code Ann. tltIe 12. ..blfde 10. _ta: II one 011he bo"" below Is _. the Lender II extendiJ!.Lered1t and the Intc:reot.... on this _Is ~ ~ to the IpeOificd ProYislOD of Ute MInoesots 81......: 0 SedIons47.2OaDd 47.204 0 flIapter 56 0 Other. SectIon . . , ....".- .. . 0Ili0: IIIh1a Is a first monpge inIIl, I1Id1 loan Is made pursuan, to IOC1loo 1343 of1he Ohio RevilOd Code u preempted by the 1lIUry _os. of Public Law 96-221, aod lIIe terms 01 lbls inIIl.... not ...bject 10 BOy proyIafons of the Oblo MortJIIC Loan Ad. 20. II the Note ia.seoured by a _00 or Jnnior lien on real property 10catcd In 1he Slate of Iowa, then the IoIIow1ns Provlalon 'PpU..: UnI... otberwlse pn:empted by applJcable federal or other law, the aItomey,' fees Provision In the IOCtlon onthIed, 'Payment 01 Note HoIder'a Costs and &pen",.' Is _In its enllrety. 21. II 1he Note ia Uliped or Ir>nIferred, 011 or a portion of this Addendum to Noli: may be voided at the opdoo of lbe UliJO<e or -...... Any IermJ and J>lO\'lsiomi of the Addendum to Noll: whlcb are voided wiD be 80_ by 1he orJsinaI lermI and proYisloos of Ute Noll:. BY SIGNING BELOW, Bom>wer _" IIId _ to lbe lermI and Provilioos oontsIncd in 1hI" Addendum to Note. /L/ J' X- k:P- CHAD D. LEFORTE (Seal) Borrower (Seal) ~ (Seal) Borrower (Seal) Bonower (Seal) Borrower (Seal) ~ MULTllTATlAOIIINDlJw'lOlI'l'nNO I'IfIWJItlu.tCIQ'IMwl - - .3an ANTQSIA.UIloI Exhibit 'c' ~ March 31, 2004 CHAD D. LEFORTE 15 COLD SPRiNGS ROAD CARLISLE, PA 17013 ACT91 NOTICE TAKE ACTION TO SA VB YOUR HOME FROM FORECLOSURE ""'. ~.- '''''''''.'"" · ,~ .. '-'" "'0"" ,"., _ "_,, "",,_ ' -""~-"-',"""."". ro",,,,,,., __ _ "'" -" A DEBT COLutcToRA Tn;_"G TO COQJJCT A ""'T. "'" NOn"", - TO VOU '" AN A_ TO COLtl'n."" ","Fftmo",,, __ TO """'" AND ANy INFo",", nON OBrNNEn 'ROM You ""'-I. BE U"ID FoR 1HAr ""'""'E. IF You HA VI; PI""'OU", Y -_ A D"CHAltGE IN "'NK'un.,.ey, nn, CO_DENc,,,,.,,,,. AND 'noULn NOr", CO_UEn TO '" AN ATn;"" TO COUEcp A OEBT, BUT ONt Y ENFORCE,,- OF A Lam AG""", PRoPERlY Thl,_ -- _.""_. u"" "~~'_"''''''__''' C_ - C.....m, A_...,.. "'''".....,,''''. Y~...,.,., _. ro_ ~ ....."'"". -- Th, ,_ .. __..., .. "''' "... "" "'" "."., "'- ...... ~ --.."-...."""'- A _..,__~ -. "".., "OJ, N..~ U ~.... ~ -... .. ~ """ i_,_ n,."""""" ... "',"". I..." """"'- _ "" 1m "'" _ .. "'1iZm ".,"", T, .. U OW>...., .. "'" ""'" ""'" A CON'!!",<< ctuIDrc CO!iN"""," AGENey ""","" DA Y, OF 1Im DAm OF rum NOnca Toko ""' N_;",... _ ""m~ = "'-'''' ",..." ~ - LA N-'ClON EN AID"",,, '" DF 'UMA -RTAN"A, PIlES "'F.crA 'U DllREcno A CO""""",, """"Do EN 'D CAltA" NO CO^"'''- EL CO_ DE "'FA NOllF1cAClON OBlENGA UNA lltAnUCctON IN!.molATAMENm l.LAMANno EsTA AGENCIA "'''''''YL' AN", nOD'ING FINANCE AGENCY) 'IN CAltoo, At N'-G MENctONADA AltRmA. """"" "'" ELBoUUft PAltA UN FlU'''AMo "" EL FR"""-<MA l.LAMAno "no_-., ""'RGENey MORTGAGE -"ANCE FROO"""," EL CUAt PllEnA '"".v Alt '" CA'A DE LA '>RDiDA DEL D_Ho A l<EnlMAlt 'u """_ ~OMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT, NO.: ORIGINAL LENDER CURRENT LENDERlSERVICER: STATEMENTS OF POLICY CHAD D, LEFORTE 15 COLD SPRINGS IWAD, CARLISLE, P A 17013 7401136 EQUITY ONE INCORPORATED EMC MORTGAGE CORPORATION SERVICING AGENT FOR LA SALLE BANK. N.A, HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SA VE YOUR HOME FROM FORECLOSURE AND HELP YQU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WIm TI:IE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACr'), YOU MAYBE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HA VB A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTs AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYL VANIA HOUSING FINANCE AGENCY. TEMPORARy STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on you mortgage for thirty (30) days from the date of this Notice. 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 oftbis Notice. IHrs MEETING MUST OCCUR M:lli1N I1ffi NEXT (30) DAYS. 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 DEFAULr' EXPLAINS HOW TO BRING YOUR MORTGAGE uP TO DATE. CONSlThfER CREDIT COUNSELING AGENCIES If ou meel witll one of the consumer credit CO!!DSelin a encies listed at the end of this notice the lender ma NOT take action ae:l\inst vou for thir!x 30 da after the date of this meetin . The names addresses and lele hone numbers of desilm'lted cOMiUner credit counsel' a eneies for the cOun in which the ro erly is localed are set forth at the end of this Notice. It is only necessary 10 schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSIST ANCE- YOur mortgage is "" default for the reasons set forth later in this Notice (see follOwing pages for specific information about th" nature of your defaUlt). If you have tried and are unable to resolve this problem with the lender, you have lbe right to apply for f'mancial assistance from the Homeowner's Emergency Mortgage Assistance Progrll1l!. To do so, you must fill out sign and file a completed Homeowner's Emergency Assistance Program Application with one oflbe designated consumer credit Counseling agencies listed at lbe end of Ibis Notice. Only consumer credit COunseling ageneies have applications for the program and they will assist yoU in SUbmitting a complete application to the Pennsylvania HOusing Finance Agency. Your applicalion MUST be filed or Postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAlL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORm IN THIs LETTER, FORECLOSURE MAy PROCEED AGAINST YOUR HOME lMMEDlATEL Y AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION_ Available funds for emergency mortgage IIssistance are very limited. They will be disbursed by the Agency lI1Ider the eligibility criteria established by the Act The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it re'ceives your application. During that time, . no foreclosure proceedings will be pursued against you if you ha ve met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Agency of its decision on you application. NOTE; IF YOU ARE C'URRENTL Y PROTECTED BY THE FILING OF A PETITION IN BANKRVPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEIIT f ou have filed bankru tc ou can still a I for Enter enc Mort a e Assistance NATURR OF THE DEFAULT_ The MORTGAGE debt held by the abOve lender on your property located at: 15 COLD SPRINGS ROAD, CARLISLE, PAl 70 13 IS SERIOUSLY IN DEF AUL T because: A. YOU HA VB NOT MADE MONTHLY MORTGAGE PAYMENTS for \he follOwing mon\hs and \he following amounts are now past due: 8/2/03 1hru 3/2/04 at $663.55 per mon\h. HOW TO CURE YOUR MORTGAGE DEFAULT (Ilrin~ it UD to date} Monthly Payments Plus Late Charges Accrued: Property Inspection: Other: NSF: .' Attorney fees: (Suspense) TOTAL AMOUNT TO CURE DEFAULT $6,390.95 $0.00 $0.00 $80.00 $50.00 ($0.00) $6,520.95 B. YOU HA VB FAILED TO TAKE THE FOLLOWING ACTIONS (Do not USe if not aDDlicable}; N/A HOW TO CURE THE DEFAULT_ You may cure \he detitultwi\hin THIRTY (30) DAYS of \he date of \his Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO nm LENDER, WHICH IS $6,520.95 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURlNG THE 1lIIRTY (30) DAY PERIOD. Pavmenl must be made ei\her bv cashier's check. certified check or mane order made a able and sent to: EMC MORTGAGE CORPORATION. TWo MAc ARlliVR RIDGE. 909 HIDDEN RIDGE DR.. #200. IRYlNG TX 75038 AITN: DEBORAH CUTCHSHA W. You can cure any o\her detitult by taking the following action wi\hin nllRTY (30) DAYS of the dale of this letter. !Do not use if not aDDlicablel N/A. IF YOU DO NOT CllRE THE DEFAULT_If you do not cure \he default within THIRTY (30) DAYS of \he date of this Notice, \he lender intends to exercise its rillhts to accelerate: \he mortlla"e debt This means that the entire outstanding balance oftbis debt will be considered due imm1ldiately and you may lose the chance to pay \he mortgage in monthly inslallments. If full paymenl of \he total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instrucl its attorney to start legal action to foreclosure upon Your mortlla~e DroDerty. IF THE MORTGAGE IS FORRCLOSED UPON- The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attomey's fees that were actually incUlTed, up to $50,00. However, iflegaJ proc,eedings are started against you, you will have to pay all reasonable attorneys' fees actually incUlTed by thel lender even if they exceed $50.00. Any attorney's fees will be added to the amount to the lender, which may also inclUde other reasonable costs. If ou cure the default within the THIRTY 30 DAY eriod ou will not be rea!lired tODav attornev'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. EARLIEST POSSIBLE SHERIFF'S SALE DA TE- It is eSlimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be slmt 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 paymenl or action will be by Contacling the lender. HOW TO CONTACT TIfE LENDER_ EMC MORTGAGE CORPORATION TWO MAc ARTHUR RIDGE 909 HIDDEN RIDGE DR, #200 IRVING TX 75038 CONTACT: DEBORAH CUTCHSHAW TEL NO. (972) 444-3338 EFFECT OF SHERIFF'S SALE- You should realize that a Sheriff's Sale will end your ownership of the mortgaged Property and your right to occupy it. If yoU continue \0 live in the property aller the Sheriff's Sale, a laWsuit \0 remove yoU and your furnishings and other belongings could be started by the lender at any time. ASSllMPTION OF MORTGAGE_ You _ mayor ----1QL may not (check one) sell or transfer your home to a buyer or transferee who will assume the mortgage deb~ provided that all the outstanding payments, charge and atlorney's fees and cost are paid prior to or at the sale that the other requiremeuts of the mortgage are satisfied. o TO SELL l1IE PROPERTY TO OBTAIN MONEY TO PAY OFF l1IE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOl1IER LENDING INSTIllJTION TO PAY OFF THIS DEBT. o TO HAVE THIS DEFAULT CURED BY ANYTH!RDPARTY ACTING ON YOUR BEHALF o TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCVRRED, IF YOU CURE THE DEF AUL T. (HOWEVEf~ YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) o TO ASSERT l1IE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. o TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAy HA VE TO SUCH ACTION BY THE LENDER o TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LA W. YOU MAy ALSO HAVE nm RIGHT: CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. ER NOTICE PURsUANT TO F A1R DEBT COLLECTION PRACTICES ACT ************************************************************************ 1. This is an attempt to collect a debt and any infonnation obtained will be USed for the PUlpose. 2. Unless you disPute the validity of this debt, or any portion thereof, within thirty (30) days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within thirty (30) days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the jUdgment against you, and a copy of such verification or jUdgment will be mailed to you by our offices. 4. If yoU notity our offices in writing within thirty (30) days of receipt of this notice, our offices will provide you with the name and address of the original creditor, if different from the CllITent creditor. ~_n._ _v....., "ouslng AuthorIty. · 139-143 Carl/sle St" Gettysburg, PA 17325 , (717) 334-1518 CCCS of Western PA 2000 L1nglestown Road HarrIsburg, PA 17102 (717) 541-1757 Community Action CommIssIon of Captlal RegIon 1514 Derry Street HarrIsburg, PA 17104 (717) 232-9757 FInancial CoUnseling Services of Franklin 43 Phl/adelphla Avenue WayneSboro, PA 17268 (717) 762-3285 Loveshlp, Inc" 2320 North 5th Street Harrisburg, PA 17110 7172322207 PHFA 2101 North Front Street Harr~burg,PA 17110 800-342-2397 Urban League of Metropolitan Hbg 2107 N, 6th Street Harrisburg, PA 17101 (717) 234-5925 " VERIFlCATJlON The undersigned hereby states that the statements made in the foregoing pleading are tme and correct to the best of his/her knowledge, infonnation and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsWorn falsificatio to authorities. EXHIBIT "B" --~ ~ -LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JA V ARDIAN, ESQUlRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 {215) 942-9690 LASALLE BANK, N.A., F/KJ A COURT OF COMMON PLEAS LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND CUMBERLAND COUNTy SERVICING AGREEMENT DATED 12/0111999, SERIEs 1999-4 No.: 04-2579 CIVIL TERM 909 HIDDEN RIDGE DRIVE, SUITE 200 IRVING, T)( 75038 ~ 0. 1:;~ ~(;). ~~ 1;<;<- ~0 "*~ vs. CHAD D. LEFORTE 15 COLD SPRINGS ROAD CARLISLE, PA 17013 '" t:::':,. c.'::;, -c- :!;'h~ c- c/::; I 0"\ p ,., y t11 fJJ -om :.OD C)L .>jSf" ~S?j ()t"l1 )i;;/ ."i.l ''''': PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER A~~SESSMENT OF DAMAGES 1-<>:: ~ TO THE PROTHONOTARY: %~<"C) ~ '*'r Kindly enter jUdgment in favor of the Pf'aintiff and against CHAD D. LEFORTE, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, ond assess Plaintiff's damages as follows: J:,*" :;,t" ~ .[:.- -. As Set forth in Complaint $67.463.58 In"""" 5J5J041n 8/3104 ~14. 70 mUL J n~ ~~ I hereby certify that (1) the addresses of the PlaintifJ an~,J!dant(s) are as shown above, and (2) that notice has been given in accordance with Rule :~, copy attached. -f~ 1-",o~ '1'J'<"1l i-,r: ~ C'OA Damages are hereby asses~ 'itS indicated. DATE: ()"'1',A-'f- (p ;)00'/ b'aMir..; -R,/P'VlA PRO PROTHY --;;- . VERIFICATION The undersigned hereby states that he is the attorney for Plaintiff in this action and verifies that the statements made in the foregoing Motion for Reassessment of Damages are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 1 8 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: '1!Blb'/ . . , LAW OFFICES OF GREGORY JA V ARDIAN By: GREGORY JA V ARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 LASALLE BANK, N.A., F/K/A COURT OF COMMON PLEAS LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND CIVIL DIVISION SERVICING AGREEMENT DATED l2/I/1999, SERIES 1999-4 CUMBERLAND COUNTY PLAINTIFF NO.: 04-2579 Civil Term vs. CHAD D. LEFORTE DEFENDANT CERTIFICATE OF SERVICE TO THE PROTHONOTARY: I hereby certify that a copy of Plaintiffs Motion for Reassessment of Damages was mailed to Defendant by regular mail, first class United States mail, postage prepaid on the date set forth below. Chad D. LeForte IS Cold Springs Road Carlisle, PA 17013 Date: 1ji)J r-' ~:'~ cfl :-( o " ~ I . -".' nl r" --,--, (;"? r.) U-\ :.I~, ....... LASALLE BANK, N.A., F.K.A. LASALLE NATIONAL BANK, TRUSTEE UNDER THE POOLING: AND SERVICING AGREEMENT : DATED 12/111999, SERIES 1999-4 : Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2579 CIVIL vs. CHAD D. LEFORTE, Defendant lN RE: PLAINTIFF'S MOTION FOR REASSESSMENT OF DAMAGES ORDER AND NOW, this I r' day of September, 2005, a rule is issued on the defendant to show cause why the relief requested in the within motion ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, 4J \v'lrW^l'\S!\[t~.~d II Nnr'''', r" '.j'" '-"'''(1'' I\J. ' ,,),,; "- >, ' '-:~~"~'_I\,\J1 v 28:1 ~!d 61 d3SSOOZ AHv'LONOH10Ud 3H1 :ID 381.:J:lO-03lI:l LAW OFFiCES OF GREGORY JA V ARD1AN By: GREGORY JA V ARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 LASALLE BANK, N.A., F/KIA COURT OF COMMON PLEAS LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND CIVIL DIVISION SERVICING AGREEMENT DATED 12/1/1999, SERIES 1999-4 CUMBERLAND COUNTY PLAINTIFF NO.: 04-2579 Civil Term vs. CHAD D. LEFORTE DEFENDANT CERTIFICATE OF SERVICE TO THE PROTHONOTARY: I hereby certify that a true and correct copy of the Order entered September 19, 2005 issuing a Rule Return date of twenty (20) days after service of such Order regarding Plaintiffs Motion for Reassessment of Damages has been served upon the following persons via first-class mail on the date indicated below. Chad D. LeForte IS Cold Springs Road Carlisle, PA 17013 Date: ?ill. 3/<:>;- avardian, Esquire for Plaintiff ';::? rg. (/) ~ "', c ::2 Q, ",.. ~ ~.;.:;,. ~-n ::r1_~ f1t;. -....,,\_~ :},lcr' '~~s:-l, --y~, -r'l (~)(") ,-;,-,:\"\,\ <::> .,'~ '"G>" ~ 'P. (~,) ...0 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LASALLE BANK, N.A., F/K/A COURT OF COMMON PLEAS LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND CUMBERLAND COUNTY SERVICING AGREEMENT DATED 12/01/1999, SERIES 1999-4 No.: 04-2579 ClVIL TERM 909 HIDDEN RIDGE DRIVE, SUITE 200 IRVING, TX 75038 vs. CHAD D. LEFORTE 15 COLD SPRINGS ROAD CARLISLE, PA 17013 PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly issue Writ of Execution in the above matter. Amount Due $68,978.28 Interest from 8/3/04 to Date of Sale @ $11.33 per diem $ $ Subtotal (Costs to be added) GREGOR J N, ESQUIRE Attorne f, LD.#55669 1310 Industrial Boulevard 1 st Floor, Suite 101 Southampton, PA 18966 (2 1 5) 942-9690 ~. - ~ ~ ~ ~~er, r ---{j ~. + ~ ~ ~ ~ ~ ...:t 'fA. ~ '- lJ\ ...... W --- ;-.... 6"- CI) ....0 rrr ~ ~ V} 0 1'-.....) (:::J 0 C> C..e c.::l ... ..t \) \) ~ <\:, () <::..n () '- ~ C0 ::::! V") C C- O ..1 -,- ::D \') r:ll" , In I 0~ I t;~. - ~ C) -c, ,,\') ~ :j..~ c'-) ~ ~ en - - .:::: C::l ... .... W , - - 7j1:- .... ... - "- , W 7:.J 0 9.f 1i:- 1- r- ALL THAT CERTAIN tract ofland, situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at the intersection ofline ofland formerly of Walter S. Bear and now of Robert D. Hoch and wife, known as 17 Cold Springs Road and Cold Springs Road; thence from said point at the place of beginning in a northerly direction along the said Cold Springs Road l50 feet to a point; thence in an easterly direction 110 feet more or less to the line of lands formerly of S.A. Clippinger; thence in a southerly direction 150 feet to a point in line of said lands formerly of Walter S. Bear and now or formerly of Robert D. Hoch; thence in a westerly direction along line of said land of Hoch, 110 feet, more or less, to a point at the place of BEGINNING. HAVING thereon erected a dwelling house known as 15 Cold Springs Road. BEING THE SAME PREMISES which James K. Kramer and Wendy S. Kramer, husband and wife, and Jeannie 1. Briggle, by Deed dated October 28, 1999 and recorded November 9, 1999 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 2l 1, Page 265, granted and conveyed unto Chad D. Leforte. UNDER AND SUBJECT to an existing 20 foot right of way along the southern side of the property allowing ingress and egress to the adjacent property. PARCEL NO. 08-31-2197-021. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-2579 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs dne LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED 12/1/1999, SERIES 1999-4, Plaintiff (s) From CHAD D. LEFORTE (I) 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 $68, 978.28 L.L. Interest FROM 8/3/04 TO DATE OF SALE @ $11.33 PER DIEM Atty's Comm % Due Prothy $1.00 Atty Paid $846.45 Other Costs Plaintiff Paid Date: SEPTEMBER 1, 2005 (Seal) By: Deputy REQUESTING PARTY: Name GREGORY JA V ARDIAN, ESQUIRE Address: 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 Attorney for: PLAINTIFF Telephone: 215-942-9690 Supreme Court ID No. 55669 LAW OFFICES OF GREGORY JA V ARDIAN By: GREGORY JA V ARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 10 1 SOUTHAMPTON, PA 18966 (215) 942-9690 LASALLE BANK, N.A., F/KIA COURT OF COMMON PLEAS LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND CIVIL DIVISION SERVICING AGREEMENT DATED 12/1/1999, SERIES 1999-4 CUMBERLAND COUNTY PLAINTIFF No.: 04-2579 Civil Term vs. CHAD D. LEFORTE DEFENDANT MOTION TO MAKE RULE ABSOLUTE Plaintiff, by and through its attorney, Gregory Javardian, moves this Honorable Court to enter an Order to Make Rule Absolute and Reassess for Damages, and in support thereof, avers as follows: 1. Plaintiff filed a Motion for Reassessment of Damages. 2. The Court entered an Order dated September 19, 2005 setting forth a twenty-day Rule Return Date with regard to Plaintiffs Motion for Reassessment of Damages. A true and correct copy of the Court's Order is attached hereto, made part hereof, and marked as Exhibit "A". 3. Plaintiff served the Defendant with the Rule Returnable via first-class mail on September 23, 2005. The Defendant had until October 13, 2005 to respond to Plaintiffs Motion for Reassessment of Danlages in accordance with the Rule Returnable. A true and correct copy of the Certification of Service is attached hereto, made part hereof, and marked as Exhibit "B". 4. The Defendant has not responded to Plaintiffs Motion for Reassessment of Damages to date. WHEREFORE, Plaintiff respectfully requests that damages be reassessed in the amount of $81,711.43. Respectfully submitlted, Date: (0//';10:; I I '. EXHIBIT "A" ,. - LASALLE BANK, N.A., F.K.A. LASALLE NATIONAL BANK, TRUSTEE UNDER THE POOLING: AND SERVICING AGREEMENT : DATED 12/1/1999, SERIES 1999-4 : Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2579 CIVIL vs. CHAD D. LEFORTE, Defendant IN RE: PLAINTIFF'S MOTION FOR REASSESSMENT OF DAMAGES ORDER AND NOW, this I r' day of September, 2005, a rule is issued on the defendant to show cause why the relief requested in the within motion ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, '4J EXHIBIT "B" . ~ .. LAW OFFICES OF GREGORY JA V ARDIAN By: GREGORYJAVARDLAN,ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUlTE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ,,'(', '" COURT OF CO]~~\\.x-,\)~~ CIVIL DIVISlo:J\ ~\..~~~ ~~'\ CUMBERLAND COUNTY NO.: 04-2579 Civil Term vs. CHAD D. LEFORTE DEFENDANT CERTIFICATE OF SERVICE () c <" -0[';""; fTifT Z:J: .Zl (/'J.J.:,' 2;:;-' ..... ,. :Pc" ~8 z =< TO THE PROTHONOTARY: ....., = = "" <n rt1 "'"0 N -.z o -n :r-n nl.- -oF;; ::DC? '::;'.6 I=H c""'-- :2'.0 om ~ :< :>>0 ::l!: '!? w \0 I hereby certify that a true and correct copy of the Order entered September 19, 2005 issuing a Rule Return date of twenty (20) days after service of such Order regarding Plaintiffs Motion for Reassessment of Damages has been served upon the following persons via first-class mail on the date indicated below. Chad D. LeForte 15 Cold Springs Road ~ Carlisle, P A 170 13 ~ \j A,~ ~~ Date: ~~#~~~~ ~~ (,\J'X~ ~~~ @. \J~~~"\ ~<(S e~~ ~~ G g avardian, Esq~1 om for Plaintiff ~ ~~ VERIFICATION The undersigned hereby states that he is the attorney for Plaintiff in this action and verifies that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of his knowledge, information and belief. The undersigned understarlds that the statements therein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: /0//{/6 ~ I dian, Esquire Plaintiff LAW OFFICES OF GREGORY JA V ARDIAN By: GREGORY JA V ARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA ]8966 (215) 942-9690 LASALLE BANK, N.A., F/KIA COURT OF COMMON PLEAS LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND CIVIL DIVISION SERVICING AGREEMENT DATED 12/1/1999, SERIES 1999-4 CUMBERLAND COUNTY PLAINTIFF No.: 04-2579 Civil Term vs. CHAD D. LEFORTE DEFENDANT CERTIFICATE OF SERVICE TO THE PROTHONOTARY: I hereby certify that a copy of Plaintiffs Motion to Make Rule Absolute was mailed to the Defendant by regular mail, first-class United States mail, postage prepaid on the date set forth below. Chad D. LeForte 15 Cold Springs Road Carlisle, P A 17013 Date: (i)/;;/o ~ t ( ,-> Ci ~::.:;; ~ . ......n D (' >. t'" o -\:? ( .~? ':"J l~ - 0, <', LA W OFFICES OF GREGORY JA V ARDIAN By: GREGORY JA V ARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 CVED~ OCT 2 4 2005 BY: ,/It.-( LASALLE BANK, N.A., F/K/A COURT OF COMMON PLEAS LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND CIVIL DIVISION SERVICING AGREEMENT DATED 12/1/1999, SERIES 1999-4 CUMBERLAND COUNTY PLAINTIFF No.: 04-2579 Civil Term vs. CHAD D. LEFORTE DEFENDANT ORDER ANDNOW,this Zs dayof 0z,hS.......-- ,2005, upon consideration of Plaintiff's Motion for Reassessment of Damages and Motion to Make Rule Absolute, and no response thereto, it is hereby ORDERED that Plaintiff's Motion is granted and damages are reassessed in the sum of $81,711.43 together with interest at the per diem rate of six percent ($13.43) from December 7, 2005 through the sale date. BY THE COURT: Ii 1. J 62 :':~ 11" C'') ~' ,I , C'J LAW OFFICES OF GREGORY JA V ARDlAN By: GREGORY JA V ARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 LASALLE BANK, N.A., FIK/A COURT OF COMMON PLEAS LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND CUMBERLAND COUNTY SERVICING AGREEMENT DATED 12/01/1999, SERIES 1999-4 No.: 04-2579 CIVIL TERM vs. CHAD D. LEFORTE AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 I hereby certify that I have sent copies of the Notice of Sheriff Sale to the Defendants' certified and regular United States mail and all lien holders or judgment creditors of record as required by Pa.R.C.P. by first class United States mail, postage prepaid, on the date set forth below. (See attached Exhibit "A"). Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, P A 17013 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013-3387 Dept. of Public Assistance 33 Westminster Drive, P.O. Box 599 Carlisle, PA 17013-0599 Tenants/Occupants l5 COLD SPRINGS ROAD CARLISLE, P A 17013 CHAD D. LEFORTE 15 COLD SPRINGS ROAD CARLISLE, PA 17013 NORA LEFORTE l5 COLD SPRINGS ROAD CARLISLE, PA 17013 P A Department of Public Welfare Bureau of Child Support Enforcement Health and Welfare Building - Room 432 P.O. Box 2675 Harrisburg, P A 17105-2675 Dated: if! U(O,c( I ----~ IAN, ESQUIRE Iff ~ ~ ~~ IUmO ~O';. o'll..: ~~~ . ",...l P';j~ I 9S~ l %~u .. ~ '. ~ o S '0 ..., .... ~ Q ~ '! 0'" ""("- c-l~ , 'l I>- .. I>- ,gl '" " .. '6 .,:&""5 <<I " li~~ ,!~lE~~ ,,~'~;! 1>! ~RI3~~r- ~i~~ ~ ~~\ .......--------......-.-.---........... ...... r-< C) i \ ::: ~ :::l ~'-' \ <l. II" ~ ~ "'~ ~ '5 0 ~ '" 0 ~ J ~ '" 111 ~ ~ l- e ~~ i '-' ~ "" ~ ' ;,- 'l \? ..... '" mO 0 \!: Q .a 0 \ ..~l~ \i. ~ '" 0("- I>- ~ I>- ~ 0 II" ~~: s g ~.. z .. P ~ ...... ~ 111 ~~ . ~ ~ ~ It OJ ,\~~ u \ '" I- ~p!.C>-< '& 0 ~ ..\ -- ...... ~ \-' I>- "i ~ t - W ~ .... 'II 0 ~ ~ I><~~ 0>> ~ <=> <G ~ 1\\\\l ~~ .- \ r-< ~ ~e.~ ~ "0. 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" Ii + ~,,^iI..E;;,;;,,;,r \J ~ .{/ ,\ /\ '."P..'" ".dS\'. / \ 4\\f:= .,',\, ...~. "\".,.',.,', .,1. \. .."t"'.;~ :,:,.,"to..\ i ~' "\~1 \ -\ 1---\ \ \ \ \ \ i '; \ \ ~ \ _ \ \- __ ---\~-f ------+ _-J----- ~ - "",,..-/'/ \ \,. 00' 1;\1\ II j \ .,\ \ ~ \ \ \~..\ _\/ \ \/1\\-- /11 ~ - -+-\ Iii \ I" . ' \ · _ ~~\\/~-+-I /'\/"'i"\"/\.."~ J~ "J.., \ /" .. \~l~r~t~:~1 \___ - ( ~" " .s~\~1 lS~,,%:at~ . \~. ~ o. ,p;'c;' \?' O1~~\':)<nE.o:f.. \ III '" _,O("'~J' ~;,,:;;t~~ ~~. <l) \D \ "'13JP.-~'_-- ~ <!'o"."'"\' \" ? " /, ' "> 0 ' ~ . Ii \.\ \g ~'i " 1 \ \ ~ dL.~\ . '."..~ \ ~ , " 1 '\" . \ ~, \ · ~ ' bd,\"Q \ () \; '" .10 P:l~ <l)O A:" 1\ ll'O<;' i 0. "" \ ~ bl I .~ ,}, 0 ~ 0 ~ ... \l'\\~\ % ~I>'a ~$ m~,~\" ~~ Ii ,n! ,i \ 8 \ . C 1>" 1l.~ ~, !'. ~ 0 ,I , 0000 I . ' " ;j \. 5 ~ ~ \f. \ ~ l\ < ~l\ '\\ ~ ~ '1 l \%\\'~ \\~ 1~\f.~%~ \%~~ ~~\ ~~~ l 0" I \ co g f<. \-I t .<11 <II <II \.lJ. r4 Ul P.',...J. \ r4 S' ~ > loW' ] '" \'& '5" ,~ 10 ..8 'j 1 ~.' 0.. d. ()~~, ,,",," i . z " 1\ V " ".' ." \ ';I:lv "~ 10 d. \ i 0"0'\ 1~::f~Je ~~.\~~6t~~~~ 0 /~ >/11 I' \ I I \ It\ ~ \, I \ \ \ \ \\bt \ \ I~'~ "'0 \ ,I ' ' 1>1' \ ~ \ \ icJ 1 I \ \ i/- i , ~ "i ' i i. · ~ ~_~\li\\~ 1 \' I, \L::: e _ 0 '? _ \ \ \1 I~ 'g ';0 . ,- <, ". " v'"~.j , .,. , "'~"""j , I"~ , ~"%~,, ."." I ..00 1%1 ':n ,.,,'.~. . .._ I" ,,"". ~\:;:c o;S -' "" ~',,.; ooo,'::.~ August 26, 2005 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ALL PARTIES IN INTEREST AND CLAIMANTS OWNER(S): CHADD. LEFORTE PLAINTIFF/SELLER: LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED 12/01/1999, SERIES 1999-4 DEFENDANT(S): CHAD D. LEFORTE PROPERTY: 15 COLD SPRINGS ROAD CARLISLE, P A 17013 CUMBERLAND C.C.P. NO. 04-2579 CIVIL TERM The above captioned property is scheduled to be sold at Sheriff's Sale on DECEMBER 7. 2005 at 10:00 A.M., in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, P A 17013. You may hold ajudgment on the property, which may be extinguished by the sale. You may wish to attend the Sheriff's Sale to protect your interest. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. ~_lY' rf n ' " _/~ -- Gregory Javardian, Esquire Law Offices of Gregory javardian 1310 Industrial Boulevard 1 st Floor, Suite 101 Southampton, PA 18966 (215) 942-9690 (") <-> 0 = r~~ "'"? -n ,~ " "' - ..... "'-':- ~""t1 0 ..::: fl1p . :I_~~~, -' ~..'-~ ...."....-.-\, ~ is;:~ > ':Y .C\ .z: -.", ~.:2 ~D 0 .< 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 Sheriffs Deed in which LaSalle Bank N A Tr is the grantee the same having been sold to said grantee on the 7th day ofDec A.D., 2005, under and by virtue ofa writ Execution issued on the.lg day of Sept, A.D., 2005, out ofthe Court of Common Pleas of said County as of Civil Term, 2004 Number 2579, at the suit of LaSalle Bank N A Tr against Chad D LeForte is duly recorded in Deed Book No. 272, Page 4048. IN TESTIMONY WHEREOF, I have hereunto set my hand ~ and seal of said office this /I? day of ~'''W ,A.D. . I r Recorder of Deeds . CurnbotIInl CaurIly, Cl!I-. pIA . M~ ElI!*Io1lllfhlMllndl,val_.:r()/o , LaSalle Bank, N.A. f/k/a LaSalle National Bank, as Trustee under the Pooling and Servicing Agreement Dated 12/01/1999 Series 1999-4 VS Chad D. LeForte The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-2579 Civil Term Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on Sept. 27, 2005 at 2:52 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriff's Sale and Description, in the above entitled action, upon the within named defendant, to wit: Chad D. LeForte, by making known unto Jeannie Briggle, mother-in-law of Chad D. LeForte, at 15 Cold Springs Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on October 11,2005 at 7:37 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Chad D. LeForte located at l5 Cold Springs Road, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Chad D. LeForte, by regular mail to his last known address of 15 Cold Springs Road, Carlisle, PA 170l3. This letter was mailed under the date of October 06, 2005 and never returned to the Sheriff's Office. R. Thomas Kline, 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 December 7, 2005 at 10:00 o'clock A.M. He sold the same for the sum of $56,000.00 to Attorney Gregory Javardian for LaSalle Bank National Association f/k/a LaSalle National Bank, in its Capacity as Indenture Trustee Under that Certain Sale and Servicing Agreement Dated December 1, 1999 Among AFC Trust Series 1999-4 as Issuer, Superior Bank FSB, as Seller and Service and LaSalle Bank National Association, as Indenture Trustee AFC Mortgage Loan Asset Backed Notes, Series 1999-4 and any Amendments Thereto. It being the highest bid and best price received for the same, LaSalle Bank National Association flk/a LaSalle National Bank, in its Capacity as Indenture Trustee Under that Certain Sale and Servicing Agreement Dated December I, 1999 Among AFC Trust Series 1999-4 as Issuer, Superior Bank FSB, as Seller and Service and LaSalle Bank National Association, as Indenture Trustee AFC Mortgage Loan Asset Backed Notes, Series 1999-4 and any Amendments Thereto of909 Hidden Ridge Drive, Suite 200, Irving, T)( 75038, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$7,100.OO. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Postage Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $30.00 1,120.00 15.00 15.00 30.00 10.00 1.00 l5.36 8.84 15.00 20.00 .74 353.00 317.36 20.89 25.00 39.50 $2,036.69 Sworn and subscribed to before me This ~6J:>da) of 2006, A.D. r~~~ -" ~ .- R. Thomas Kline, Sheriff BY J~~Srvu:tl1 Real Esta Sergeant ~ JO n) ~ t:. J. frO ~J cJL ,5). /,OJ ~ /'73/1'1 LASALLE BANK, N.A., F/K/A LASALLE COURT OF COMMON PLEAS Ni\ TIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING CUMBERLAND COUNTY AGREEMENT DATED 12/01/1999, SERIES 1999-4 No.: 04-2579 CIVIL TERM vs. CHAD D. LEFORTE AFFIDAVIT PURSUANT TO RULE 3129.1 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 15 COLD SPRINGS ROAD. CARLISLE-FA 17013: 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CHAD D. LEFORTE l5 COLD SPRINGS ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: CHAD D. LEFORTE 15 COLD SPRINGS ROAD CARLISLE, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. Real Estate Sale #47 On September 09, 2005 the Sherifflevied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, PA Known and numbered as 15 Cold Springs Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. ^'" "...^^~ rL. I,.i.. \ if , !"-' ') ('") c.,? ~~l ~) ~ ~ ~~ tY" ". THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} S5 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday! Metro editions which appeared in the 25th day(s) of October and the 1st and 8th day(s) of November 2005. That neither he 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 he 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 Sworn to and s re me this 23rd day of November 2005 A.D. NOTARIAL SEAl. Terry l. Russell, Notary Pu blie City of Harrisburg. Dauphin County My Commissi Expir June 6, 2006 I NOT Y PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A. 17013 ReAL EIITA1E SAlE No. 47 WJtt No.2IlO4-25711 ClvIIlWm LaSldIe _... N.A., IIkIa LaSldIe "'""""" B8nt, _nu_ u_1he -..g and ServIcIng AgfMIIIe/lt _12101/1919, _1919-4 Vs Chsd p. LeForte Ally: Gregory Javsrdlsn DEtlCRIPTION ALL THAT ~AlN lnict of land, situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at !be intetsectioo of line of land formerly of Walter S. Bear and now of Robert D. Hoch and wife. ..... as 17 Cold Springs Road and Cold Springs Road; thence from said point 111 the place of beginning in a northerly direction along the said Cold Springs Road 150 feet to a point; tbence in an easterly direction 1lOfeet more Of Jess to the line of lands fonnerly of SA Clippinger; thence in asootberly direction 150 feet to a point in line of said lands fonnerly of Walter S. Bear and now or fonnerIy of Robert D. Hocb; thence UJ!l westerly direction along line of said land ofHoch. IJOfm..moreorless. to a point at the place ofBEGINNlNG. HAVINGtbeteon erected a dwelling house known as 15 Cold Springs Road. BifNO THB ~~ ~CU1SffwWdl ** K. """'" ......., s. 1fI[IIiolir!..... .. wifi, .. ./aliIIie \. JIiWo, by'lIoo4_ ac.-2I, 1!l9!l____9,l!l9!l in""Oftic:eof1llellleont.rof~..lIIllI'" Cumberhmd County in Deed Book 211. Pag. 2M. &r8DItd and conveyed unto Chad D. Lefone. UNDER AND SUBJECr to an existing 20 foot right-of-way along the southern side of the propeny allowing ingress and egress to the adjaccnlpropcrty. PARCEL NO.' 0&-31-219Hl2L ; PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. 1.1784 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esqnire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, V1Z: October 14,21,28,2005 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. IL~O SWORN TO AND SUBSCRIBED before me this 28 day of October. 2005 ~j~) )-. .1A?'.dRA/ ~~~~~--,. ~?t~J'-~'~~~~~l I N01ARl;\~ Sf:AL 1 LOiS E SNV,Jt 11, Nota'y F',.! 'Ie . CJrl'sI88!')rc {", i; !11~rhnd C-::l 'ilV I '\ (\''',w,lhSI(H, t C' ". :,." ,I ).j(, ,~~~" ..., "".- . """' REAL ESTATE SALE NO. 47 Writ No. 2004-2579 Civil LaSalle Bank. N.A.. f(k(a LaSalle National Bank, as Trustee under the Pooling and Servicing Agreement Dated 12/01/1999, Series 1999-4 vs. Chad D. LeForte AUt.: Gregory Javardian ALL THAT CERTAIN tract ofland. situate in Dickinson Township, Cumberland County. Pennsylvania, bounded and described as follows: BEGINNING at the intersection of line of land formerly of Walter S. Bear and now of Robert D. Hoch and wife. known as 17 Cold Springs Road and Cold Springs Road; thence from said pOint at the place of be- ginning in a northerly direction along the said Cold Springs Road 150 feet to a point; thence in an easterly direction 110 feet more or less to the line of lands formerly of S.A. Clippinger; thence in a south- erly direction 150 feet to a point in line of said lands formerly of Walter S. Bear and now or formerly of Rob- ert D. Hoch; thence In a westerly direction along line of said land of Hoch. 110 feet. more or Jess. to a point at the place of BEGINNING. HAVING thereon erected a dwell- ing house known as 15 Cold Springs Road. BEING THE SAME PREMISES which James K. Kramer and Wendy S, Kramer. husband and wife. and Jeannie L. Briggle, by Deed dated October 28, 1999 and recorded November 9, 1999 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 2] 1, Page 265. granted and con- veyed unto Chad D. Leforte. UNDER AND SUBJECT to an eXistin~ 20 foot right of way along the southern side of the property allowin~ ingress and egress to the adjacent property. PARCEL NO. 08-3]-2]97-02]. SCHEDULE OF DISTRIBUTION SALE NO. 47 Date Filed: January 06, 2006 Writ No. 2004-2579 Civil Term LaSalle Bank, N.A. f/k/a LaSalle National Bank, as Trustee under the Pooling and Servicing Agreement Dated 12/01/1999 Series 1999-4 VS Chad D. LeForte 15 Cold Springs Road Carlisle, PA 17013 Sale Date: Buyer: December 7, 2005 Attorney Gregory Javardian for LaSalle Bank National Association f/k/a LaSalle National Bank, in its Capacity as Indenture Trustee Under that Certain Sale and Servicing Agreement Dated December l, 1999 Among AFC Trust Series 1999-4 as Issuer, Superior Bank FSB, as Seller and Service and LaSalle Bank National Association, as Indenture Trustee AFC Mortgage Loan Asset Backed Notes, Series 1999-4 and any Amendments Thereto $56,000.00 Bid Price: Real Debt: Interest: Attorney Costs: $68,978.28 5,563.03 846.45 Total: $75,387.76 DISTRIBUTION: Receipts: Cash on account (09/08/2005): Cash on account (12/07/2005): Credit Writ 2004-2579 Civil Term $ l,500.00 5,600.00 48,900.00 Total Receipts: $56,000.00 Disbursements: Sheriffs Costs Legal Search Cumberland County Tax Claim Bureau Carolyn McQuillen, Tax Collector Attorney Gregory Javardian Credit Writ No. 2004-2579 Civil Term Total Disbursements: Balance for distribution: So Answers: ~~1v:2~~ R. Thomas Kline Sheriff $ 2,036.69 200.00 l,304.24 230.25 3,328.82 48,900.00 ($56,000.00) 0.00 ,. TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 47 Held Wednesday, December 7, 2005 Date: December 7, 2005 TAXES: Receipts for all taxes for the years 2002 to 2004 inclusive. Taxes for the current year 2005. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2006, and recorded , 2006, in Cumberland County Deed Book , Page RECITAL: Being the same premises which James K. Kramer and Wendy S. Kramer, his wife, and Jeannie 1. Briggle, by deed dated October 28, 1999 and recorded November 9, 1999, in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle Pennsylvania, in Deed Book 21 I, Page 265, granted and conveyed to Chad D. LeForte. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of Cold Springs Road. I' 6. Rights in a 20-foot right-of-way along the southern property line as set forth in deed recorded in Deed Book 211, Page 265. 7. Mortgage in the amount of $51,590, given by Chad D. LeForte to Equity One, Inc., dated October 28,1999 and recorded November 9,1999, in Mortgage Book 1581, Page 447. Said mortgage was assigned to Alliance Funding by instrument recorded in Miscellaneous Record Book 653, Page 268. Said mortgage was further assigned to LaSalle Bank, N.A., by instrument recorded August 28, 2002 in Miscellaneous Record Book 689, Page 3786. Complaint in mortgage foreclosure filed by LaSalle Bank, N.A. as Plaintiff against Chad D. LeForte as Defendant on June 8, 2004, in the Office of the Prothonotary of Cumberland County to File No. 2004-2579. Judgment in the amount of $68,978.28 entered August 6, 2004. 8. Under and subject to right-of-way granted to Robert D. Hoch and his successors as set forth and recorded in Miscellaneous Record Book 342, Page 654. 9. Rights granted to Metropolitan Edison Company by instrument recorded April 6, 1939 in Miscellaneous Record Book 72, Page 283. 10. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 11. Real estate taxes accruing on and after January I, 2006 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House BiIlI412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court I~ J_1 ~ Ro ert G. Frey, Agent Note: This Title Report shall not be valid 0 bin until countersigned by an authorized signata . . REAL ESTATE SALE NO. 47 Writ No. 2004-2579 Civil LaSalle Bank. N.A.. f/k/a LaSalle National Bank. as Trustee under the Pooling and Servicing Agreement Dated 12(01(1999, Series 1999-4 vs. Chad D. LeForte Atty.: Gregory Javardian ALL THAT CERTAIN tract ofIand, situate in Dickinson Township, Cumberland County. Pennsylvania, bounded and described as follows: BEGINNING at the intersection of line of land formerly of Walter S. Bear and now of Robert D. Hoch and wife. known as 17 Cold Springs Road and Cold Springs Road: thence from said point at the place of be- ginning in a northerly direction along the said Cold Springs Road 150 feet to a point; thence in an easterly direction 110 feet more or less to the llne of lands formerly of S.A. Clippinger; thence in a south- erly direction 150 feet to a point in line of said lands formerly of Walter S. Bear and now or formerly of Rob- ert D. Hach; thence in a westerly direction along line of said land of Hoch. 110 feet, more or less. to a point at the place of BEGINNING. HAVING thereon erected a dwell- ing house known as 15 Cold Springs Road. BEING THE SAME PREMISES which James K. Kramer and Wendy S. Kramer, husband and wife. and Jeannie L. Briggle, by Deed dated October 28, 1999 and recorded November 9, 1999 in the Office of the Recorder of Deeds in "and for Cumberland County in Deed Book 211, Page 265, granted and con- veyed unto Chad D. Leforte. UNDER AND SUBJECT to an existing 20 foot right of way along the southern side of the property allowing ingress and egress to the adjacent property. PARCEL NO. 08-31-2197-02l. 8(:1 d bl J30 ~OOl Vd '^L~i (I..;J u~>/ )(;.:;S>HLi .:1.:11(13145 3Hl .:10 3:JI.:!.:lO