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HomeMy WebLinkAbout10-1481SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 ??F T PROTHONOTARY ' PROTHONOTARY ??r LESLIE RASE, ESQ., ATTORNEY I.D. NO. 58365 3600 HORIZON DRIVE, SUITE 150 2010 MAR -3 AM !q: 54 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 OuNTY S & D FILE NO. 10-037278 P6WSYLVAN A Deutsche Bank National Trust Company, as COURT OF COMMON PLEAS Trustee of the Home Equity Mortgage Loan CIVIL DIVISION Asset-Backed Trust Series INABS 2007-A, CUMBERLAND COUNTY Home Equity Mortgage Loan Asset-Backed Certificates, Series INABS 2007-A under the NO: lb - N81 Go ZLC Pooling and Servicing agreement dated Mar 1, 2007 ; PLAINTIFF VS Robert O. Deibler, III. 611 Willow Street Chambersburg, PA 17202 DEFENDANT , , , , , , COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. S 02-1 Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 LESLIE RASE, ESQ., ATTORNEY I.D. NO. 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037278 Deutsche Bank National Trust Company, as Trustee of the Home Equity Mortgage Loan Asset-Backed Trust Series INABS 2007-A, Home Equity Mortgage Loan Asset-Backed Certificates, Series INABS 2007-A under the Pooling and Servicing agreement dated Mar 1, 2007 PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: f JJ - /k/ ?- ( L , c` V? VS. Robert O. Deibler, III. 611 Willow Street Chambersburg, PA 17202 DEFENDANT COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Deutsche Bank National Trust Company, as Trustee of the Home Equity Mortgage Loan Asset-Backed Trust Series INABS 2007-A, Home Equity Mortgage Loan Asset- Backed Certificates, Series INABS 2007-A under the Pooling and Servicing agreement dated Mar 1, 2007, the address of which is, 888 E. Walnut Street, Pasadena, California 91101, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: Mortgage Elelctronic Registration Systems, Inc., as nominee for IndyMac Bank, FSB Mortgagor Ls): Robert O. Deibler, III (b) Date of Mortgage: December 26, 2006 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Mortgage Book 1979, Page 2506 Date: January 16, 2007 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assi ents: Assignor: Mortgage Elelctronic Registration Systems, Inc., as nominee for IndyMac Bank, FSB Assignee: Deutsche Bank National Trust Company, as Trustee of the Home Equity Mortgage Loan Asset-Backed Trust Series INABS 2007-A, Home Equity Mortgage Loan Asset-Backed Certificates, Series INABS 2007-A under the Pooling and Servicing agreement dated Mar 1, 2007 The assignment is in the process of being formalized. 2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by virtue of the above-described Assignment(s). The real property which is subject to the Mortgage is generally known as 2222 Douglas Drive, Carlisle, Pa 17013 and is more specifically described as attached as part of Exhibit 4. The name and mailing address of the Defendant is: Robert O. Deibler, III., 611 Willow Street, Chambersburg, PA 17202 5. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 6. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of November 1, 2009 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 7. The following amounts are due as of February 28, 2010: Principal Balance Due Interest Currently Due and Owing at 7.875% From October 1, 2009 to December 31, 2009 Interest Currently Due and Owing at 6.875% From January 1, 2010 to February 28, 2010 Late Charges Escrow Balance Property Inspection Title Report Fee Attorney Fees & Costs of Foreclosure TOTAL $174,230.90 $3,458.28 $1,936.38 $518.64 ($940.06) $11.00 $250.00 $5,000.00 $184,465.14 8. Interest accrues at a per diem rate of $32.82 each day after February 28, 2010, that the debt remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other expenses, costs and charges collectible under the Note and Mortgage. 9. The attorneys' fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriffs sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. 10. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et sue., was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Pursuant to the act of December 21, 1998 (P.L. 1248, No. 160) (Act 160), this Notice contains the information required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P. S. Section 403 et seq., and separate Notice of Intention to Foreclose is not required. Copies of the Notice are attached hereto as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendant, in the amount set forth in paragraphs 7 and 8, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. Date: '9101) Q BY: SHAPIRO & DeNARDO, S & D File No. 10-037278 Pttpnred By: mtdp m Bank, F.S.B. (CornpNW MW a] INOW of tbkv f PmdW 480 "last G*Mntmm Piks (sY+wt?ddiwsl 1 st N=ritcn, PA 19401 [CR, lasts zp oo* 484-636-5130 After nwrft Pkm rein" tos Hnd Bank, F.0.8. 0/0 Aowmestt t?+pnY ?tamnJ (NnW d AIa*NW PWWV 990011 F.. 104th Streert Handing B Stite ow 9 lam/ Retmas city, M 64131 ", amen zto Coo], 260 alAIN is AM 11 39 [rWphww n4meed UMPINA)M D. 29-16-1096-150 ? Aeow ?u LMe FirR?oadKi MORTGAGE wm 100055401150609330 DtiI,FQU NS W.& u 0 anis mu*le aeditmt at tma dmmwnt ?t? bo%w in ft t?? 3' i6. 'a Sacdm 13, 18, ZO d 21, Ctxialn totes re?8 60 X80 (A) ll l -Sv to i6t msro ibis does, W" is deed Daombe't: 26, 2006 . wrdw wft e IM?INSIo{faFt?"bf`T??Ie li6Rl Ma+t t mmmu m0 Rism" 1?W~wmm awww" t?rsAwtrw.wt -lac 9oC .D1a-- row 1 of 14 ?? esaoxn.c,.?r.»a..w+s. K (-9719 PG 2 5 0..6 (B) "Borrows" is Robert 0 De9bler III Burrower is thD wottgagrt under ttds $*Go y Inetrumoent. "MM$* Is Martpr Bkotradc B'egidss d0a Ststema, Ins. MW is s st mnb caporsdao tbet h acting (gaamy "a Romig" for I.ender Md Leader's Mwwois and =SIP& Mw b the 1161 4M RN6w WIISoearity matt WAUL M z is asWmtred sad wdrtWg Ruder do lags of Delmraa+e, std her an widso n and teiaphow number ofP.O. Box 2WA, Past MI 4WI-Md, toL (IM 619 IM& (D) "Leader" is MadWAO Dtntkr F.S.B., a fede=Uy chartered saviAgG bank L Wor is a Fede?l ga?J y 3fOg7k ed ad wasting trodw to laws of United States of Igma0c3ma . Leader's address is 155 ?h I?slW Xaanuar Pnsar3essa, CA 91101 (2) "Note" cusses the proWmaey now siped by Harrower and ddod D 26r 2006. TM Note W tbstHarroweromaLeader tuna bmxtied savaty nips t omm nd and pD/100tbs Dollars (U.& S 179, 000.00 ) plus ial mw- Bommer has promised to pay this debt in indar Padodie P*Mw is and to pay do debt in tidl not toter am Jammy 1, 2097 the (F) "PrgwvW numns Bee properly that is described below under the heading 'itsaafer 0( Rights to may" (G) "Lost" maw the debt evidedocd by the Note, phis tntered, any prepayment diorps and We abrtgn duo under the Nate, and all eons due under this security mat, phn m"Got• (a) Mdas" swans all Riden tR ibis Scowity t that are waoc*W by Borrower. The Mowing Mars on to be esteeuted by Borrower jdeok bos ar wplia Na,]t ? Adjustable Rato Ruda:' C Rider tieoond Flam Aida PRevec d U tttsat Rider t Rkim Birrootrty Payaacut Rider BAomrddcr amiiy? Rider Od w(s) Cspe*j Freed/Ad ju table PA is LIBM Miler (1) "Apptk nbk Lawn mama all caatsaing appdablo Went date and toed datows, tegalatiotu, mdkos oas and odmiukhW " rule sad otdwo (Sat have the etileet of lacy) as well as all oppOable AW, aur~app mWo, jvdtew opintcas. (n *Commusity Assodatlon Dam, Fear, and Aaaaotaeals" means all does, tees, a+eeesmaab and adar cbarygea the are imposed an Sasrowor or the Properly by a condomidium rssoolske, hoamwam assaddion or similar mg®indon. (K) "Eteetmale Foams unader" moods a v ts®s fw of toads, od w then a trunadon odglnded by cbo* drab, or similar paper instzusoont, whiob is initided t xwO an Beet udc twoina1. tdeptietsb tow went. compactor, or tape so as w orda6 tmbwt, or onihosim a Mandel lasdUk u to debit or aesNt an swaant. such term but is Dot itmhed to, poit*-a&atde vadb , sastosuesled fetter moss me tnoooatiam; trowdei s inItlaed by talaphoae, wire tra rks, and Mcova w daaibabouse, M 6, ra. a aa+s '-,a„y ? j?rmitdlhtwb tiMdsroaie solos 17tt3FOtM 1NBLfUMtNI' suss o?wra?«saw, awr Tateaof 4 eswa,i..ar.w»rwwc., 16 BK 19 7 9 PG '2 5 0*7 (L) "Ereroa Itexte mom those items that are dasodbai In Soodaa 3. "MlseebeM" Proceeds" sterns MW campemdiad. satlMl mend of damttRoa, as Occoods paid by any third Pally (adw dam iesaQmrce proceeds pad adder the coverages desea b od in Section 3) for 0) demise to, or destrnotleo A tbo pop"; (? oaede? ar cihetr Wft of av a a0? W of the pfop"'. QIQ coaveysowe Ia Gam of caudemovadioeq er (i?) of, of omiedoos IS to, ti?a V" Mwer ccadlNan ot'tbe+Properly. ( "MatMe Unrrtnce" noses ismn'emm pta<ovilrlg L mder against the uoagayment of, or detitdt on, the Ir A= No)be, pl. (1pgrtel 1) any amot?utts order Section 3 of SIR St ? for n prinolpnl and intarod under the "AF.51PA" means the Real Fmtab Seth Proobdera Ad (12 U.S.C. $2601 act NO ad its ??p aiotiom. R pladon X (24 CXJL Part 3300, es Oey ndOt be =owed five time to time. or ate' eddhioed of VaX asa'WSMedon or tsg'daeieo flat Sovems the amoe mbloat matter. As vied in 610 w* mmu nont. "R86PA" tOOM to all and ealriettcow *M no ht*oead =W to a "Wall m moetgwgo Iosn" even if tho Loan does not qualify a a" rdn0ed notoW lose" wider RIMA. ..w it bared d Botrrawer" mama any paq Od baa talosa dda to the W(Vtly. t or not 1b. ae party her nsamed Bwmer's obligatiome under the dote PWOF this 9eamity W"* Wt TRANSFM OV IUCKI IN T3M FROPL?M -MU Swurity 7mat+teNW see ms to Lender. (1) tha tvpeytueet of do Loan, and all ranewi , M osioes end moddicadem of llte Nate and (ti) the Pubru'o0° of Boerawrer's covemts and agminu a alder this Sol holu 4as>t and to Nato. For bred propose, Boil dater bmeby all ®rnut wad ccul to WMRS (addY m nominee for Lender and La ft s ameasas and wedges) and to t wenooel and 4&l ? Vic aiee0AW prepeety located ti the ? y %Ouwft II)wofRectDrd*J00 +dtdlonl INonecfRseat&ajwbdkdon7 Tat Paled ID No. 29-16-1096-150 See md%tUt A attau lord hereto mid made a part Ytezeat' vahteh emtra dy has d w at8drM of 2222 Doaagl as Drive 17013 15"9 11 Code] 04opaty AddMal' carlisle l?tr3 TtXIMWK WIM all the improvameota now or limsetter erected an Mae TeD ba idaats e sucmmft bealao gppwallgal and tlxtaeas now or ballwher a pan of the paparty. AR ? to is thee' SecarMy inelnwteart ab 16e'Y ee#Y•° eeVweod by this SecWW Instrument All of the foe11119151111 Benwm mrdealitands and qpw that bwS bolds a* 60 tide to 9rs inivrou panted by Barrel In this Saanity Ininum ? but, if aooooa@y to aomPly with lair of faOW% htMtS (aa namtoao fm Leaadar and I's ?UOCCeeeaa and ?t?) her tl1e right: to ewdse any or an aNhose itttstests, bwI ding. bAu teethed to' rho rlgbt C26- ra?dlllB?eAfl a?AY3vrUep'eo?Vno?e °•'"'° una??aaw?wM? ??? ereoettr.a?errew.?a.. Ht 1579PG250'8 to foreclose and all to Propoo; and to tales achy adfog aagoitvd of Laedar tgcha&% but not it nfled to, teieadng god cww* ksg ibis Smu * btsttumWL BORRO'WHR COVOWM that BmwM is laws soled of So odds haaeby owvoyed wd ho the right to nDwqpg0. VW and comay the PraPWIY std that the PIGPOW IS tmoooawb , and d aaau3m .mbJ of record. Boaftrw wstfaots and wM ds&atd goo=dW the alto to the 8ropcrty agabd to amy wx=brances of aaoord. THm sEcuR1Ty INSTRubmw eanbinee ud tm eavamseb for a#lwol use oed mrramlfcrat covenants with limited vmldto m byjaatsaBodan to eon dD* a unifam taeaeitY IdWmnmt covarb8 weal F""' UMORM COVMAM S. Bonower ad Leadax corwswtt coif gm Ua folowst L Pa mmi; of PffwdPal, ]DININ O6 BMW Banat Wal? yaaad Chwg% anti Late Chars. shaign s dtde QUUM "da a under ?Baera M shalt "pay abode ft Itsaom li a ms Pats , 11o t Ptrymenb dare tsdar the Nave tied Pots Satcarlly InMraarlalB shalt bo aMda hr V.S. aaaYaoay. However, if asyabeelt or abler baarwnd rw*od by trader as patymamt radar do Note or this Soaaf? fesinomt is talwmed to Lsadw MIRK Leedsr mory require ib vt any of aU sabwpW psymawb dos Odor the Nab red ibis Saadty Ieslrwmawt be made in am Or mew oohs follow b* ibtatb as eateciod by Lodw. (n)oo ? dtawQ atom m ( ism "on do* book ob x*, b" mor's dwak or c oMor's d mwk pt'd'rd my WCb deposits are *mod by a federal ag many, ba {9, or wWo or (d) Socirock Funds Trades. Paymonta an deemed tocdved by Lander who mx ivW at do ioc dko dedgaded Is the Note or at such otbor location ai im be dedgaabd by Leader in weatlow with Ow motive p mvisla m in Secdw 1S. Lender may wo= any paymo* ar Partial payment N the poymaat or pa" pgrmerds we %wifloient to bring the Lam aearmt Iaedar may accept my payment of partial prp?mewt budkb* to b ft rho tom owmat, wMM wmvcr of nay doff haecador or pref odioe to is r%bb to roibso somh p W a A at pa" pquwm In the fbtate, but Leader is not a ad to qq* six& pq®tads at the dme such poWwo b are w-pled. Mosob Perfsdfe ftwe tt is as of ita aobodaled doe date, then Leadw need not pay itaberesI an aaagtpied !ands. Larder wary hold oAh uarpplfed fmtda vardf Batrowor rudoa past tp+ ?6 tits Lon growl at. if 1lWw"s, doo z not do to wdPola a xwwmable period ad: time, Lmwwr shill SAW OpPbl xwb anvils or PaWA them to Ba>ts+owcz If ud applied earlier, aaoh ftnads wIIl bo applied to outslwadiag prhrsipd bolme miler the Nate bwmodis1 bF Ptlor to fatsafeamee. No effid or maim which Bwltiawer might havs now or in the Ia- g*A Loafer Ad vollm Borrower Am moldeg P4'? dge under the Note aid this Y Tesirumamt or pirdbrming Pow eaveaanta awed agt'axow s waned by ibis seem* hwomeat. A pplIGNtiee of Pafw "or Prweeal4la. Except as adatwiw dasaibed m ibis Sectim Z, ail payments occupied wad appiled by Lender "Il be applied lobe foilovrint; cedar of prlotrlq . (+? istassrt doe cedar dr Nile; (b) p &xkd des rider tits Now. (e) womb afuo ceder Socdae 3. Sash papnw b AA be gaplfad to eeah Petfodie Poymad to the ardor in *Web ft bommno date. Any' twemdslog iftwO ObA be applied Bast to lob abwW, Nor no to agr attar amamts ahto aradet able 8aomity Iestr?, egad thaw to aeaha'e tits l>r-pp'd bahme of its Web. YLetrdar reoaivas a patymont Ama Harrower for a dodo law Paiwda Payanwt whbh ivo wiles a awlevio ut amount to pay mq Ida abaage date, doe pqmawt may be sppifed to the dsflaapsaR p?o? d xw deo the more thaw ante Pedodfo Payaatat is a tstawdkeg, Looder may apply way Pt0?aevot reof Burrower mpsymad of dw periodic Pat mmb if, xod to die oat oat that, a& palmd m be paid in fall. To tha dxttwt that wW excess wdats after do pgmmt is applied to the Poll p nmd of ate or more Periodic Psya adN catch exeoss may be applied to may bite abm" due. VoTwtory pospaqments shall be applied Brat to aoy prepaymem charges and rhea as described cep li alts Notes ads to peadpoi dtw wader the Airy gaphlaxmiata of paymooris„ iastuwsoe ptoooads, of moccowcoos Prttoo Note stmn not aodond or pwq mo the dui dde, or obwW to amdavo, of tie Polodiv Paymmb. 3. Fawns for xmT" b may Uorrower shall pay to Leedsf as to day Porlaft Power tla we duo under tae Naas, a* tits Note is plaid in fWk a owe (the "Fadsl to provide tot psymaat of amoaeb dwe for. (a) two and tusaaaaaaff end other IN= vA*I em studs prtariy over ibis Seoanty l wumed as a lima or eaaumbrunm an do !MR No: X25060 - e+e..4hw+ntsaesw?4asraa+arn++4esa iMtorotutatenuemar bUWAltasatraatwassldneravl TMCeaMlwwSuaw a.wC, Pastsaftl taaa?www.sw vwrt..?a.r.rr?u,s? ceee•??r.e..?r..s....re OK 19 79 PG 2 509 for aey and alt budsrsmoe Properq?; (b) btaaahoW pas umb or ground runts on tbo PmpwW. if nay; (c) ywvum%wm to p*ld by Leader Hader SW9010 5; aad (d) Mm%pp IaMmm ptcasI I it wp, or =W am pdq?abie by Borrowed 1o Londmr in lieu of the plymeat of matpym Iomtaoo0 pnasioms ecwtdsaoe *6 the p wddem of SOdios 10. 74o5c homy 00 celledw hams ff At ealginetiaa or at aq time doing the Win of So Lom, an by Bmaws4 ad su* does, aadfeet um=MM dwH be an Hsarovr Item. BQeV14R tlhM pony l Jay ? BOOM Of amounts to be paid Hader this Seadm Burrower d R pay L Ww the Flesh for Bewow Deems udm Under waives'Barrowees obngdim to pry the Yumis for air or 59 Badaow Som. L4WW ds.r tn W WIS be me obbiegatm to py to Londur Funds tier nay ar all Baero?r Iteoea at say tame, ANY scab w Ln duo event of each waiver, Horrowm shrill pay &No*, wbert end whmu psyabtk, da amounts dm Or may Badrow Rama far vddeb payment of Panda hey bees: Mei+red by Cosier mi, if Launder tegddrasi. daA !blob to Lmdor tvob>trts "Weaciob untie peymatt VOin sash time period as Leader may rogWm bbrasotr le abWam to metro auras payant end to provide receipts dol> for ag parpow be de ommi tube a oawasot and aSroeawt oaa4dsed m this Seaw* Imhoment; as the phra a "oa venavt ad sgtaemeW is used be goodon 9. If B"Iff r Is d4p led to prgr Bm w Ibema d6ts tly. pit vmd to a walrvt, ad Bonwm tails to pq? do moue t due for an Emm heat, IAMW my a?0er015e its rW to under Seetim 9 and pay somh aewetat and Boroval"Ilm be obtipbd under Section 9 to t%V to I.eatdsr saW sash ammaL Leader mq ravolm the wdva m to wry or ad Brow beau at say tieoe by a nollac Sim in eeoasdems VA& Sem1[m 13 ml, upon W* tevocatlaa, Hotraarot•"pq to I? III FMd% and In pxb ammi rK Wet we 6ra nquiead under 1515 Secdoa 3. Lender may, dd mW time, ooileet ml bold Prods In an imand (a) sufficimal to permit Lauder to epptar 00 Funds et lies time gwoi8od ondcr R SPA, eat (b) cot to m mead the mo I , amamtt a Mader oaa tegahe wider RWA. LeWsr abdl vAbnwte tha amount of Fwmb due as the beats of ammisi data and twsooaWO e& MWM of oapoodtUM of Mdse Bsaraw u ms or ammAse In mcanW oo with Applioabie Lase The Funds shelf be held In as lint Wen whose deposba am iusved by a %derd lamoy, imam ak ty, or aunty Ca dwft Leodet, if Lector is das bdittlm whon depodw am so insured) or in say Fedmd home Loan Beuit. La dcr 5hdl Op* 60 F W& to pay the 73emow arms so Lahr man the thus spmMW ndve RBSPA. Lea w shall not abraSe Borrmtror for holding sad mp** de Fueft wMaRY t *Xbg the emu mW eouaaet, or ver'bts the Em" bon, unless Lmttder pp Borrower IaSeaeet m the Ihmdt ad Appb" Law pa nib Lamdar to mete suoh a cbwv. twess es Is Dade in wdit daApp oM6 Law roquilms la--1 to be paid an the Punk Leader dM not to to pay BOW" nay inlesad ddr mnomiaSs m 16e Farads. Bm'aaa' Ed I?sgdst' can apes in woft. ho avc4 that Insured shill be an Ma I4mds, Lsadmr dhau give to Borrower, withaat cbmgp, an a wd aaaaoaft of due Fonda es regal oil yb OVA. If &M b a amplam of Fm b hold Ina um% sa defined aadar RENA, I.aades shall mmu ml to Banower far the sinters taetb In roaacdeace wlQs =&A. V dhae Is a sbmkp at Foods bell in aetYartK em Mined undw REWA, Lander sW noft Barxawas as sedYuited by RMA. end BasYCm theft pq to Lender to aeaawn'y to ntebro up 1ho e6arbBp in aoaasdaaee vrld?Jt88AA. boRin as tarrrrs lino lx prgrmeoat. and Ba venter dM pW t* Leader ft amumt necessary Rtoommdx up do ddmmy eccor low veldt RENA. but no mare ?2?? in pvym=IL 6M of A mm wound by this 8eamity ice, Lander "pmts' r0W to Hamawet may Fmda held by Leadw. Chago; Ides. Batrower dhall prpr aft tastes, uswmmnts. obaWk fam and impodtiam rudibutabio to ties Properly w" am eusdas prim* over this Secu ty lasbtnedt, hmdm bd p5yltsettts or 1pwmd rents on thin property, if any end Comm* Anoaiadan Dow, pees, led AamwAnts. If ony lb the extract that that items so Ewmw Items, Baamwer mail puny them to thin mwxm provided in SoWm 3, Senmer " promptly dimbmipe vmW Um vrhioh bus priarity over Ode Soo>sebty ladr=M tmiess Bmvww. (a) clan-, in mift to t% pgmont of do obltpd m wound by the lien In a msmm aoompsble to Landau bet only so long sa Borrower is perfaming sash gremamq (b) oaaaeree the Ilea bt good to* W. or detfeods age atfo ommad of the lien ia, legal prmoamdlaM W" in Leader's opinion upscale to prevent Ow eda6asaemstd of to ]tan WMe tbose puceadi mp use pd .bat a* uopl such psuoeedhrSl aye ooacbWk*. or (c) m m+s Om the balder of the lien an agreement saddlotory to I.ondsr sarbardtoatbta the lion to this seen* Imbuamat. If ?.++. p«sd6r-t+...se xdrmas ids tn?mvue aatrt?rt' saw uedttei ya•. ?s a?u Thraraiarortro?r=,Tr? ?s.r1? igrra?rvrmraaAa .,w.eoW.uMn.+.ai. ??? aser?>r.cawr•?ar.•?s,e. rfir OK 1979PG2.510 bender dolw=hm the any pant of dmc Pta!>ealy is ,abject to a lks which em dein pdm* over this BoaurhY Insi ramp Lander moo' give Bart'owor a no" idendying ihs lien. Vidd s 10 do* of to dw m w" fort notice Sodom 4 is given, Barrows, d4 ad* Ow Ism or Was ems or taaro of time acd msso a &A sibow UK v ?ati err tepo?ng Lerder a' Mphe Borrower to pay a oaadmss Wpm =Moe vadby Lander to commectlon vsdth this Loan. for a fed & pr "Ky bwW am Bonoww *& ko?ap .dosLienpcovemeob yew aww.r?ddhmg t or M herdatt? ?, ot en4ded b onW the the FMPWWT???by t%b=K& ?iAHW do tam "exindal vwsg% ids ?.lbp{p?g._ Y bw sot ffidmt! 1q emal6g "mid goods, for whit Laden tegaimea iwpmon. Ub f- m c e dull be coeiot- *n , In the woomm16 (boleft dsdoeb"& bob) and for the pooioda tied Lender ropbom Wbd Laudon to en p ooedlag semeoa ono ohsags daring dma WE of do Loan. The iewrseo I owier p g bonalwo shell be chosen by Burrower slim to Loader's di td to disetwome Bonewer's dwk% vrldoh ASM"amt bo ants elsed wasomahly. Lemon mq regain Batrower tc prdr, In aoameedca with th$ Loom, Glen, (a) a od&dmo duo for flood zoom dporminddko, owd&ollea marl aims (b) or reww"lop awe for daod Zone, dowrobsmdma mod coo lf!os m servloas sail W quad obesgee cwh 6imilar ob,"M caw MM& MUMMY might alQaot sank down lumdaa or caddoedon. Bornawer shill also be r Opuftlage for do paysint of say fast lsopead by go FWad Bmerpmcy NbWAsmaat AWAMY is 001004011100 with the m kw of army flood zw ddosmioewn smsown ftvmm sun objsmtiost by Ba "Wer N Bel"Wer twit. to s sh do a w of the coven es dssaibed sleeve, Lander mw obfen imswaaoa covarep, and Lender's optim sod Bouewar'6 m?C. Latader b tmtda 100 e?0° iu ?e?e ? w,°g??s of 0avorv$ . Tbachro. such covet V shah comer Leader, but ttdght or mW ad prober equity in *a property, or rho occowts of tbs Prepeety, Wind a w *k or HAW and ? Im"Ide poser or lesser coverer than was provioasiy in *M=L Bmreow- adasrow-w- pd the goad of do im4ro10 A oovanv so obtained >dgWM --ffi y meW to cod of hm nooo that Bertuwer coeid hover obeshwC Any wa mts &sbmmod by Lediist WKWr this Seetiom 3 " bwmw a lMonod debt of Borrower rowed by this Swulty Itmst<UMSA t. 'Chao smtto®Ar abstll best idonet at the Name ram from do date of disbursou" t and sheik be payable, with stabtaterms, mmpaanodes fbam Lessderto HarrowartegaestiNG.Ppuent. to Lender's tight to . Alt iaaamve pohio"regained by Leader end rmaewds of su ?mdl vabjea aws Lander as e0 0 as m disapprove such policies, shill inctudo a seodad a~ clause, mad d reaawd di ass. UI,mdoc tom. addidcad loss pqw. Louder shill how 60 do to hold ON POUAies sue Basrowar adumll praoplb' $lva to InAw all teoeipb of Fail ptamdasts and maw" sodoss. Z Bwrmw obWu uw form of buina ce coveram, not dherWo ngdmd by Lam>der, lot dMIMP UP, or 41eett01011012 gA dta eeoo" such policy shall imhde it standard not" atom and eladt na w Linder w n m*" andler a an widbiand loss "Wee- in the awn of ion, Burrower s>aall give nodee to the inswums cadet ad Laudon, h:aader may l??# mdw proof of loss if not made pmaaaQtly? by sowovmt Udrss Lander Ed Horoa M dbemw w egmaa In wdtiog, as instutmoos ptacoads, whow a mat Ow mdsiyb $ inn nwo wn reed mad by Lander. mlgd< be, applied to r wWMcn or repair of the Pr pxV, If** 1 A N ? railon at repair is aeomtadnmtBY God* Nord Lmdw's Seca tY b Wort km md. During scab npdr mad "dare" period, Lender shill haw the tight to hold such huaameoe P(OCOWS ,stmtb'IaOdar bas bed an opportunity to h%Vw stench Ptapsmq to man the wak Is been completed to Loads r't adidhadan, that such kopmOw shrill be mmdamslom ptampdy. Lander rasp. disburse procoods for tho matters and man en m sbrgk pg?mant or in a.seriee efpropan pmptnw as the weak is oomapi" Unions ea opeameod is medo In wddug at Applicable Law tequlraa h teat to be paid an inch lmemewce proceeds, Lender dmaht dot be mgdwwd to pq Baaowbr say interest or aermkp on such proceeds. Foos fur pddlo GOOM s, at Odor, tbied perdesa, wmim d by Bmower shill nil ba paid out ottbo inaeomce precoods and shall bathe sole 4bli5011011 etl3oMM. If the reat10ndiost or repel, is not 4o4amsniO6deY fesa13 or IAmer`a aww* womdd be mamnmed. due i mmmoo pemmmds dwU be applied to rho sums soaerod by dais Soft* wkito eat. wb *w at act then dad, weth the onooss. if aw, peld to Bwo*W. Such In we, m proeasda "to "fled in Zoo ardor, provided for is thmotioa I 1f Haeroarmr abmndeoa Nam Ptrypmdy, Lelidmr ney fpm, aogcdale sail aside 4ay mrvdleLis imaraeoa otsetim sad tnisbd matters. If Bamttower does not taspond widtist 34 dm0?a to a ttatiom fi+onst Imdmr dad As Ins- acs ammeter hes of hvA to ,sills a data. them Loader mw nPril I, ad seek gas ghdm. The 30-4w paricd will be& wbm rho notice is dvmm. In uiltm event, or ofLender vequirom the property ender Soetim ZZ or coondso, Burrower busby penwe"Oh it4nu?84tm Pao mM4 Mwffnift rice UieDORN IIan[usuearr W. --lit aGeamwsas nam.Qirno.- Pop 6 016 6rernmt Fwn lam aua tw?uaeuu>t...?es+ OJlot,n,tl,gaos?sr HK 1979PG251I. ender the Nloe Oft SocwI y ?slaatrutnatt, and (b odor of"a mover (abet dims dw tightwto any redimd of unewsed paid by Bamwer) mdw all humus poU*s covering So ?tape*. Inae6r as aooh ri1t an is the Coverage ad't w Property. Lender atsy em dw insurance prcoeo& Gerber to tmpdr a malae deer property ar to pry smauab mapaid andorr tine Nate or tide Secwhr InAtwom tt? w> dw ar not than duo, 6, Ompaney& Bonum shall cmW, sstmbliah, and an rho Propft ar Baaower's priaotprt reetdeaoe wbldn 60 days der the motion of this Socar y Instroam t and ON oadiam to aceopy the Property as Boarowbr'e priadpd residence for d last we year attar Ow dale of oompamay, makes Leader omardrise wan in vddnp, which consent shell not be rm mommbty wl&Wd. or unless exwoottag cbwmntmwx exist which are beyand bmvwar% ocaHrot 7. Promemdo w, Mdatummes and Praoeafien at the rropwtyi hupedimm Basrao a Ad sot downy, damrpe at iarpdr Lite Ptgx*, apart the Propa # to detaloats ar commit waste an the Pmpsr(y. Wbethsr or not Burrower L m dd'mg In the Pwpo dy. Bamw w shall n wb din to Prordyr in cider to peveot the Pmparty from dobdwWag or daerem* In value doe to its ooedIII Uabn it is defsm6med peesaat to Section S diet rCpair or ndwWan is ad eomamiodly hosibb. Banewar dwV ppmmp8y npdr die PmperW tf dmmpd to avoid fiRdhee or dw m p V isimm ere or oatndeaDOation se?edd?s aro pall is wasullon VM dawge ter. or the taking a. do Pmpor% Banos m aW be reyr c wits ibr err ret/osbtg the Tropeely a* if Leadw has released prooaods far amh pwposm Leader aaatr &W m for due npdrs and rewoaatim in a doges paymnoat or is a cedes of ptrm pqr uuts as the wak L cmrpMned. if the imasaooa or caodemmtlon pnaoaedt acs not aafaimt to mpsk or restore So PrapaW, Barmwar Is sot mileved of Ba n wer's ~on for rho omV ddm of sash repair or iestarod n. Leader or Its spot nmw mWw reasonable odrbe upon and hwpeatdas Of the Property, Wit bas redagabla caws, Larrdrr oW hrspeot the InWor of the imprwveamb on the Prop". I.a+dex yhslf give Borrower sodas at the dwo of or prior i4 smh an hAmiae Inspection spooifying sash poomAjia cause. L Banowa''a Loa App leatioe. Barawar fheiL be in default if, daring the Toro gspdioatim process, Barmw w any pormana or en8lies acfbg at the dk d m of Bammw or with Dwrowar'a Imawb dpe or consent ppe mdwiWlv miadmdiag, or m mccursto IaEmmadan or dstanmb to Loads (or MW to provide LOAN wi& msbmid inftmodon) in tanttoatloa witb the Lom Malarial t?apstaenhdlmr i»aluds, bet sere mat %sb W to, ,vpcosomrsdeos oaacersisp Banacwar's cccoponay 4 00 1'rapaty as Bones w's pmotpd teasdaanr. 9. hot elbtt of leader's Intst+tet In at Immuty and Blob U"w tI& SOON* IssaromemL If (aprcoeadbag lead m1RM signiQoantly aB6Ot 1.e Ww Pn"V andlot dd6d under) Buda iBecarle* Inspy nova (sock a a ptacoo iaB in beobeapmy, pmbds. Ear gaWo madm or f uhibsme, for enfercoman d of alien wbkh may AMA prim* oval do Seourityr Irk or to - afar pe leas at regddcm), or (o)Vommw has abeadaoed as rropoW, Own Lmkdw vW do and pay far whaiesrar Is mstcoable or a pprepide to protect Leader's interest In rho Property and rights rardar us seem* Imframeot, imlodlop psobotbrp asd/ar a meaning mo vahra of the Praii", and wearing and/or npdit the Property. Leader's aatbm can Lolodo, but are not MWbd ta: (a) payhrg aaQ sans eeeared by a lit which hrn pdorlty ova this Sear Inshaasah, (b) appemdots ins coar4 and (c) paying reatooable amana ys' flees to prated Its iaMnsst In the Prop" modhr rights Under this own* Ind Ldadhsp its nmvd pmsdm In a benkmosy praceWb& Smewin` fie Pmpedy ioclmfes. box is not limitod ta, , ' mo lY to melee mpahm, ob¦ V 1odM now ar bard up dons and windows, drain wader atom pipos, oamb ft ballad m or omen code viobstlana or ampsom candidam and have vditw tanned on or off. Ailboogb Iwlxier maiy take autism cadet this Swaim 9. Lander don not have to do to and Is sat mist any duty or obligalim to do so. R is agreed that Lauder looms so Hai ty &or not Wag any or all actions *Ahmimd vWw this Section 9. Any amamb disbursed by Louder under this Section 9 dmU become addlliamd debt of Basroww m med by this Seco ty IssUcaned, 411sas amcaab miss beer itttw at the Note cans firm tbo dab of ditbmmammt and shall be pwable, wlm sock tebrast. Wen mdao gram Louder to BaR+nwor 7arpresllag p wamL Nthe Socaft Indrummixot is on a kmdwK Barowas sisal emu* with all the providow of Iho lens If BafTOW wgwm sm eider to the Property, the ieasehoM and the fee title shale not merge males Lender ogress to the margor to WkIng. rl?rtvla XWO P.m!)r-oe•? ern+l+rei/e sane or0lvfaAl ttV?Otua?rr aoQt3 NWAR"mi1.u mom C?oanUmna nrrr lMe7erLr uwssesssaswsees eae04rrc...a..aw.qbt UK 19.79PG2512 10. Mmmigm=e b mumm If Leader regifted stage IOnmm m A coadidm of mdtiag lbe Lom, Bomvrer dW pq 00 prmml®m to atmblmia the MmVp boom ve in effect. i>; for mW reason, tbo Moripp lammamem cover ?gs rogotrod by Lender commas, to be gagMe tam the matPp immar tdt peeviat* psovlded troop iamtrrmaoa and Borrower wits rapped to mote sepwmi* de dgumemd pmyrbaos tumW as pmsmlmmm MOMPP for Mnrl?e lrtmoewotti Soaewmr absll pq the pmamfiteu regairod b oltlmlrt oovmeye sohalmedelly egdveaod oo the oody m in effiot? Proms so at a *a m Saimmadmily ***4w to the nod to Haeormer of &@ Mattgm0e bm?cv '"woo" aetpage hI selected by Lender. if aabdudsiv "dvdaat Magpfp iasatraom oawermp is ad avwlw*, HcmrowW ahdl emumre to pq to Lends the maoemt of to sepmrody deco p tad pqn mts, that were due Mbar to maotam wvamge oamaed to be in offset Leader w M moooK mo fad eeaia these perymmmb v a aarsefmodable loss, low vre In On of Muftoge Ymmsme. Smolt lase raw n dbdl be md-rdloldible, nchd&rbpdiug *c hot Sat the Least is ukkadely paid is $4 ad Laodw Ad gad be regal cod to pry Bt7stWW mq fateroeI w emaiep on Poch lam reserve, Laster am so bxW mqd m lams lowve pymeells if il, 01-1 Ina mx aovmp (in the mwmlt and liar the pwiod dertLeader rmgsires,) provided by ea la ontr seleabd by Loader Mmm beoomea availaW Is it - I d, and Leader ngu1 i uponOW dmdprded pgmeab timuci the premlmms for moose. If Larder bkdpp bmmmaos ms a coag im of mddmg the Low and BaiveNm wmto make acpw * poments toward olio proms ms for hkt* m btamwce, Borrower shall mi s ffi e loss for 1?[ae%W ends in moadom my symo mwt loos reamers, rmdt U 's regai belwaea Borrower tmd Lender pModit for soh teemipe" or mist twult idoa is roquired by Appleable Law. Nodding hn thb 9eellm 10 tdfmcts Ba merb cbV dim to pq ima 1 ' rd the rat vrovIdmd b lba Nab, Martpp rnsnoce rsbabaxsem Lowder (or a w ardfr did po of men do Nato) for seism kamoe it mew Incur if Aor wee does, not roM dro Loan a mgmd. Boerd*w is, ad spa* to in Marlgags imavrAgoe. Meft W bares ovshsto d?sir totes A* oa sd moh hm*b a In feeoe fiam time to time, and may eater rote agrammem vide wirer pasties slim! d wo or m6&'y their ft or redm tosses. 7beme sposumis are an term ad oaoditions that toe sadsOmtory to the morippe imarar and the other MM (or perdu) to these sponeats. Thma mg mmemb nmaq mgrdre do mw*ego inmaaor im main pgmvm amtmg ow sesame of itmda dot Ow ma rap mum mqy Lave aveilabie (wbxh pony h4vidle triads oWdwd 5m Ma ftwo lammanoe pnoduraeil As a ruse t of these specomA . L Ar4mr, nq pumbax of 0a Wolf, smother imsars; any Mmrsr, mey ashes ealhy, a mq irMAde of soy of tba faepb& may teevive, (dbeady or k dkedly) sm aimb that derive time (or maight be ahtrmeterbed ms) a poetim of Bosronor's pgmeab Sir Marpgs iomutmem. In essdr®p for d oft or modifyhtg doe mosegW Um m's rlek or redueimg hoes. If rich agmemad povidaa 6d as ml lido, of Loader Wm a dm of duo iamrnor's risk b makugm far a d mm of tbo promimn paid to ft losaw, fpm mr eop moat b orlonformed"copd"miomrwoe." Fled. (a) Amy sash tarns qnb wig mist rdfed the smeaama that Borrower tat agreed to pay for Mmr4spe bswm me, or mW ell mr lmsm of Se Lan. Snide ogm awisls v E sot kweere the maemsd form wer will own far M*PWV lamer mwv sad tbq wO aft mdOm Nw w w b m my round. (b) Amy saeb agmmewtab wd not aged dies vl#b ¦olrsWM ham - 6 mq - w kb rvapm t to the MorlWo bsargmom muster Slim Somemwamrm Pntedba Ad of 1"S or spy elber hew. Tbesm rWdm may hrdmtde ibe ftu to r+eceiv emida Awlemm, to reganl sad ublda eamemldfea of the Morfpge bwswaee, b brave tine Mml`mge Idarwa hAelerrW aaimtaaMmm>y? aM/er b recdo a rdsmd of any Mere Immrmmme prm d mss dot wows mu mrmad at do dims stoadt eamOmlea or imulaWmm. U. Amsigment of lllecolamem Ptnreeeda; Ttvrfetamte. All Mim ilm mus Proceeds so* hereby migoad to pfd"be pld to L=&L If So Prop" is, dnarmged, such Mscaliwem Procceda shall be o"Had to redongas or repair of the Prgw*, if *A tedordim at sepals Is ecomomie ? limmdble said Leadmfb swmtriRq is, ail baemsd. Dmdeg such tepdr end reelntrlion period, Leader ahmil bmvs die r* to hold nub Nbomliwam Proceeds mg Lu den ba bd an oppo tm 4 to impaat snob Property to acme dw work bas bean camplelod to Lmdw% sadafirctim provided that much lmpoelim *0 be and-km peompAy, Larder mw pay for tlne topmita and rosbmrdlon In a single di:bmseae?d er io a series of pradrea? pgymseab as doe werlc b oompistad. UmieM to mg<emaumt is ands in uritift or Ap ftcable Law regtdfus interest to be pdd an sob Mimcaftwous ProeeedR, Lender lhmtl net be Ieg *w to pq Borrumier any interest or earnlnpt m each Mmaellaaooos Proceeds. if Go salondw or repdr is act awAomleguy IdUamumersatusm>vrr ermr*smrhamdnae.rmssefnm >'* m etu rww?sasemrewa ?? a>oes,s.c?.a¦ur,.aar? 81f I'979FG25 13 tsadble or Lmdor's seowiq wmdd be loneuod, the MikUllaneans I'roosedu dmdI be Wiled to dte Mm aeomed by this Security bkdn mi& wbdber or not thou doe, wit4 ebe taws, if =M paid to Borrower. Such WgwMl mom Presets shall ba ep W ion 0c order provtdod for in sector 2. In the avad of a tohl trddng, daa% dlm, or loo In value of the Property, the i call modus Prooeed? shell be applied to the sums sowed by this Soemity indrrm uK whedw r or not then dam, with tba excess, If mq, pall to Borrower, In the event of a phial tddsg, dsatttm *o. or lass b vathre offt Property in whlah the Rk maeloet value of thn Ptaparty immodlydely befaa die pastlrtl tifiri? deatsrratloam, a tat ht vice is egad in a ? lhan ie ssnomr of rite tturos sooa:od by this Security Iadraesettt Lssrtodldely botptre the ptsdtd ttlchtd deatrvodoa, or lore b V", wdess Basroam said Lender otherwise agree 3n. W" m& Ste smus seemed by thb ,shall be ir , n, or do fAow* Audm: (a) 1 dh*W b the MW a of he samss wood i amed rely bedmnsIbm portal egg. dedtmgc by the ue of the Property fly befoee the pudd t d ft dta4actlan, or loss is value. A3W bbal ?cee dwH be ppid to Borrower, in the event of a partial Wring, dedrvc&z6 or toss in value of de Property in whtrh rho tide eeriest vdoe of the Property ImmodWely befwa rite pwdd Wdi* destroadoa, or lea Ie valm Is lass than the samowd of the cams smared immadideiy bdose d w partial t"S deehradlm, or loss in voice, mdem Beerower and Lander otherwise Alm in wnrm& the ldieodhimmoos Proceeds shall be applied to the sums feonmed by this Secsulty bmtramteot wWdw arnd rite emus Ke then. don, If 8ro Property Is aboadaaad by Ammar, or it attar modoe by Lauder to Boramor that the apposing Party (as detstaed In rho mad remora) aAer? to mates an award to av* at claim for damages, Borrower "to rcgmod to Louder wldt6t"4Ap after the dde do *Woo In. Oven, Leader Is wMatlmd to collect and appilr Asa Mocalimseaus Proceeds after to ndorodess or rnpsk ofihe PmpwV or to the sans meeared by this Security hw1rawad, whathar or not then due. 00pporing Party" nm a the d*d patty tbd owes Bmower b9magemeaas Proceeds or the party agahmt wbaa Harrower hsa a sight of action In reprd to Idaomilancom Promedt. Borrower dW be In doft* It may adima or p va@Wbsg, vrbodw civil or whuimat, is began that, In Lender's j v d i p n e n t , could result i s f a f b i t t t r a of the P r m p a t t y or edw arterial hmpa mum of LendsrIs bterad In the Property or tights valor this Security Iastrvomut. Bantrwer arm aura amb a dmttmll Mad, if mecde"don has In Lenders tadp wo% precludes faslrhmre of the oF?ty do action or P=oft to be dWakM with a ruling or cuter MNWW mp knmt d laadarls In dw Prop rV at figs under tbb Security !na<anamt. Tim p m mds d sty award or dahn Ibr don" Wd are at butable to the loVd tuent offender's hstrnwt in tho Propasty era beady mWpmod sad shat be paid ro Leader, AD 1lsise a mem Proceeds that we not appIW to rastarsdom or top it of rte Property shall be applied in the oWa provided for in, Seedw 3. IZ Barnww Not Rolooo l; Fo:bmm mm By Lacer Nat a Waive: Mansion of the time: for pmytmut or snodification of amartisWm of do tams mcu d by pmt Security Imtr®mm grOW by Leader to Borrower or soar Successor is homed of Bonower sW not operdo to ratease the lidit of $omm rr or may Smumors in hocrest of Bam war, Lauder" not be raq*W to oo®ence apdtsrt am Saeoascr in Intend of Borrower or to n hm to extend time for pq?m ut or oftwiso tnodliq anartlsst m of the mmem; scoured by lids Security Inetrumm by season of say dea and made by the migiad Summer or my Sttoaeesors in beta vd of Baeoww. Arty Amrbem u m by Leader id e+cwdslag airy dgbt or mmedy bwbdb & witboat limibstion, Lender's aacetttroom of peymeats tlrout tbk+d passans, a%Ww err Sacoossors m Loteraat ot8arohror or in amounts bra than the amoml rhea dam, dhaD not be a waivdr of err paoahtde Ste oomdn of sWsigld at immody, 13. ZW K and 8ewaral Ualil tll , Ca-elpsom $memmm *W AWpn HmmL Rmewos mve mtu sod twos the Borrower's Ofig dia m and Hsb by oW be JaIrt and several. However, say Harrower wbo co.dgee tins Seca* ltosi =mA but dams prat manic the Note (a -w4p ar-y. (a) Is ao4pmiog tlds Smartly Irtstrtamed only to mmtgagp, grant and aoawy die c"Vm's imi x , t hn the hoparly tatder Ge tea 1 ofbls S*cmA ? bmb=reph (b) is not p masudly obl%ded to pay rho stores som ed by this Sam* Intottamumt; and (o) apses the I.aetlae ad say outer Banowar an agm to erutlead, modify, taebar or mdm may a*mou todatiaas with tagrnd to do tames of this Security Imtn rmut: or Ow Nate wilhoat the co-siper's coosw& stw?tw- nrarMestats Fewd4 ivsmte aaaN*seie Mss asisoex ltasrttUatrxC MM?Mara fmu sasssuer =11tae Cm.ertrarcrmattoatst>;Srrr t'+aefdt{ ?warw¦r?MNa ,rmawyY..?r,?wwn Ceao;tr,C..rr„a?,,tr OK 19 7 9PG 2 5 14 Subject to the psovislou of geodon It any SnoMW is b and of BODWAr who assume Borroww% obligaBms under issue Swarity Indrunmat in wridat& and is approved by Lms* stub obtain aA of Barrow w's righb and baaenb andar this Saab buiranesid, Borrower dA not be rei bed 6om Barrarwer's obiWans and 1ltdlntty older 8ds Society Instrasnat oche Lender area to wub rabsee in writing, The coveomes and a of lids Saemity ?tatrumeat shah bled (exc* n provided hr Seddon 20) and beindt So successors and ssrd?a ofLonder. 14. Use C"*% LaWw may ohm" Bcuum fees for wrOcas perAor7ped is emnmtian with &tavotvr'a dd mk for So pwpow of pmt dhg Lender% inteteat in do Praperty and e4a mdse this Soaafity *as, popoly impealke, valuation IM In regard k tha but not lWad to, it Page of a m ft 8ecn rhy I me CLarBe and spa *etoB +owU any not be constr ood u a preinbitlao on the cboqft of such (w. Lender may unt alwp leas that are wq rsely prohMW by Bate Secutity haftmed orby Law. If the Lam is am6Jact to a brw which sets noximum Icon obatges, sad tied law L linaibr inbaprvbed so chat the intefed or odw hart ohmW oo0eebd at to be aoilodail in commollm wilh the Loan oaaeed the pumitbd limits, than: (a) mW such loot charge stall be r, 4h , 4 by am muced seoommy to redaosOn chow m the limll; and (b) any emus already cdlectod from Hooower which mouded pars added limit win be t dsd to Basrower. I.onder may almose to units rile rained by rodaeiog the ptinclprt awed asdre the Nobe or by sesiting a dhvct payaraut to Borrow*& if a refaud redocos pdnoipd, do rodagion win to ttea& a a pwdd preprgrmena without sap prrpa?ymant charge (whasur or not it I * a?-aad chop is provided for lender the Naas). Borrower`s aoaepbnae of eWsuch reRtim ' meads by dhed psymont to Bartuwer will eamtttaba a waiver of =y? tight of action Btlrrowat might haw Miring out Oro& ovwdwga. IS, Nedom Allnodoss givaa by Borrower arLmder in connection wild tide Scourby fnstnoreot mad be In wrrldag. Any notice to Aormwras In mull n wttb fids Security rosomsamt shalt bo doomed to have been glvw to Borrower whoa mailed by first ohm Inuit or Mean actually delivared to Bowower's notice addiass if suet by otter means. Nodco to any are Borrower shall a, c I'nb wMao to all Boa&w re oalast Applicahle Law exprauly requires ofiwwuL The mom address shall be the Property Addnass tales Htaowwor has da ipmed a sabeWate notice address by notloe to Lender. Ilarrowor shall prompblyr:coldly Leadbr of Bomwvr's chnegs of addtvaa. It I.aoddr spedd sr a procodow for lep ft $orrOlvdr'e dmw of addaet, d" Bvaraa+Al abrdl cab? tepert a charge of addrtara 6600 that specified procsdtuo. Thav rosy be a* am deslyaded sod" address nudes ME SacmiRy i:rshunseaR es tmp+ cue limo. Any sense to Leader dud[ be gtvea by dslivaiog it ar by maftgtt by brat clap nail to Londer'a a - m - stated lima n talcs Lender has, daelpoed another addre m by moue to Sormser. Any "cc in commotion with ibis Searrky Imwu met Ihali not be doaaasd m haws bum It m loImndw tadn adodly tocaived by Lr m4m If mW natiae required by this $so^* bArmaont is sh+o ngadrad unbarApplaadtte Law, the Applicable Law regohsraaft! wW aadtr ry the oaares1 o IN ? eegdrosent oases this ' tatavap as. 16 Cormier Lor" So aI IIII , Rdit of C aelrweiier. Thin SWA* Instrusact shall be gtava mod by federal law and the law of the jmlealictisa is wdhich do Prep" la locdad. All dghb and a ow ooabitted in tide Seamity intro" t am ation to saw tegdMM=*% nod li et M of Low. Applic" Law might ongtllOW or l? gnaw tits psatiea to agave by cookout or it saigbt be ?anah meow dwU act bo cooehaed u a speaaeat by eanArat. In its smut Oast any provision or clasm d ft Seamity boatment or the Note oad wWt itpplloabte Law, sadr coo ft tduN apt absent other provido ss otitis Swmtty lostument or the Nabs which ion be git+en adt'eat witboatthe oaudotbtg proa?leim As used in tbds Boomiq? Tumm sad: (a) wards of the ssmouiins gander shell scan and include caerespaodiog aealm weals or words of to 0 est1 it gaador, (b) wank in the *Sdw shall man and include the phtrad and vivo versa; and (o) the wwd "uW Sias sob discrodon wddwat any obtigedm to ab wry action. 17. BenwWor's Copp. Demo" altar be $Ivan are copy of the Nets aced of lids Seamdty Ushm>cat, IL Tt mW& of {tka ltnpaty or a bmwg lad Inbred In Dersawen As used In this Seddon It, "Inumm in sloe Properly" moans say togas or beudWal tatlervd in the Prvparty, iooleilmL but not lbditd I%&= bone5aiai lntereaAs tramQared Ina bond Par deed, codraat for dead, imisnmu g atlsa contract or aaarow gposaneat, So hi ont of whlah is dw trmdw cftttle try Bm ww dt a $atm dab to apmvham. if all ar any pact afths Prgaetty or any h invest to tine Ptopoo Is sold or hapdWed (ar ff Dommur is not a num ul person and a bawficial Inrurtest in Borrower is acrd or traardbtraM wilhoat Leader's prior wrlsku coroent. WM Ifts -LM0M rem"ty MwM+tlMaapaadb.pMa>,+eMsdFtieitetHaet1Nc0tatRS[111ratUSm?iP hMMW41W WWiW0141 -jrMCaoonetr.M?- yeas to Q(24 1aWMftWSKWM frp 8K:1 979PG2515 Lwdar tnay rogWov imaediale paymed in fall of su sums secaaed by this Sew In*wMt. Nowover. this option odWI not be wised by Leodaf tf Bach OlWdae is psoldM by Applhable Law ff Lends etaa2deea tbie option, Lsadar AA tit" Banower nodoo of aooeleMim. Vw undue sbau prwMa a peflod of not Ism dum 30 days 6om doe dab the nadoo is tltwe In aototdaaee Witt Seaaies 15 wllhin which Bor:uwar arose pay au some ocarad by We SeasAy bobanient: IFBarrowor fsua to pow them ruldii babromadd Zvi War tod?o e> on of this pa hod, Laatder mq+ btVd* AW Mood" pedanaae4 by thb ?hY notice or da aasd an Ba wwat 19. Aarswwar't R1RItt to RdatMe A*w Aa Awalm If Bafowet masts oaalsim acodidal SCITOWOr oball bve the d& to bavo a ftcamant of this $wa ft )wa'eanent dinaatbaoad at BUY dm P (a) jive days betbw aab of ft propeaty pwoow d b easy pmw of sale mftl ned In this Soon* hwhi stem (b) such other paiod ou Applieabb Low =10 woo* for the twoodeadm of Barrow" t tit to tetrrtfill 0 or (a) way of a jaadWalat eahnbg this Saawity Ba*m=L TLose oootli m as tbod Bwoww.. (s) I eadar IN sawt which tb ut would be doe under this Saawity ln*a=M std the Note as if no woolaadoo tied ooaaned; (b) eaw+ any de I-l of say othw covmmts w app modm (e) pairs an aapeasos i )a oche fees isaladitg, but rot Broiled for n*Mftbk sltamaya' Gres, "v* Im ecdoo, bcmtsd for tea parpom otpwctial Londar'e bHat O in the Pray W aadd bit uoodet tltie Saotd(y btsfllm l* and (d) talon aneh action as Lender smy masvi* nq*e to assure that La odoes Inamaa to the Pmpaty add dole under hits Sea** ins , and Bmvwan obt%Wm to p(y dear amnia seomod by tbbt Sadmkv ledr n s% sle0 coodmon vowbuod- lender may mom the Banrswar pow mob miaalaha ma am sad aspamea in ove or mare of the AeAVWJW farms, as seloobd byImAw. (a) ov* (b)mmy radar! (o) cadOo d ob* book &%0* b,een ow's aleck or oaMor's obeck provided a w Snob oboch b dotam upon an' "' " whose depa As arc baeaaad by a ward apeny, lathy are Om ar, or (d) i4leebnale Fob Tau d& Upon tahntdommil by Baraornr, this soon* faslrmoool sod obudpaiams avowed beady arid! aetnadra f dly aNadve ae woo awdadlon had aowrrad. Howavar, *h ftw to nakdwe shall not aQply lathe cane of aeoatendon Ueda Section It. Z% Bala of Melt,, Chasaa Of Lase Samara; Psaliee of Cork MM The NOW Of a p.rtW b"rest In the fndnamed) am be sold ass or more tiaaaw? wWw* prior nodes to Bonw m: A sale Nate (tagetbat with this Soateir.Y mI& fomdt In a charms in the eahty (be= as dam "Loan SeevioW) drat edWb Periodic Pgmoob dad under the Note ad this Sew* >asalensteat sod peftioema o0w mor"r loss sarviola ji obkadm snide the Naas, this So=* &* me* wdApplbetfb Low. Tme aim usiaitt be one a man champs d&o Leas Sarvtear uerdated to a ale of the Now if there it a dwW dd w Lana Sa vkw,1'laarmw wlu be liven wtitin =00 of the chimp which wiR aloft the tome mad address of the noW LM Swim, the o ddreas ta, wbM pogm f *0 14" is Mid and iihoold, be mob wd aerviaaod. aaw odw t ftme un RMA rewb a in oouwd as vfftt it noltoo of tnaatA of i tbctmft the Low is arortdcrd by a Low Sarylow ocher "ilea ptuabaw of the lrlaao, the saaatrala loan wMetttg obMgdkms to Bamwar wlu frwoeI wft the Low Sardmr at be buil ed to ¦ asooea+or lea Servioer and are not antmed byte Note pumhmw unbotr odwwim pavidodby du Nab pindlawar. Nokbor aormw nor Londe may oommiouv% Jean, or bar Joked to any Jndiabd aofao (ea either an ind WdtW lidpd or the mamba of a cbm)1Wd salsas loam the adbr pools andow paavoo l to this Sawk iasmumant or that dim a than rho odw peaty tiara heaaobod imy p[ovWw of, or aad daty owed by nowco of: the so=* lm , naw Seth Baraciwer or Laadw bas mood do attar "M (WIS sash Dud" OM to woggle she with the rop hemmts of Sa don 1V of Bach daapd bawds and agaded the adw pa Wb ?? a,ewwamble period niter do Shft of vich siddc to tdw ca m#" sadm. IfApplW* l am pnrvides whk,b must elapse befbsa oabsht w" can be talwtd *m alma parted wlu be dammed to be rna ooWa for pwpow of this p•ca6Teph. lu Buda of 00AM w ad awwale* to amt SWM to Bollttwer pmaaeol to Section 22 amd the sod= of aocoleoulIaa given to Banotnw pumoad to machos 12 dwH be doomed to satisfy the notice and opportmlly Lot ache eaeta des a cdoopMWoaa ofWa Sa tka.20. 11. Bmardera Saboboom a As atatd in dtto tteadon 2l: (a) " flasmdow Sabraswe" arse thoaa dabtwoes defined a tondo or b awdouo Joey ponwom, or wades by Bnvirwtmamud Law sad ft foom Ann ovinio ocoo: astound, lar0aaaak odw Clemmable Cr tusk pbateaem p uAuta, rode pesdcldee and betbiddm volslib wtvaute, mafeisbo outaUdag aabostoo or fatamshdelq?de, ass ndiaaotin moibeddr, (b)Vndrostaasofal Lew" omaaa fOdarai laws and taws of the juritdiaadon wbase the Pmpertl' b looaaed?*a? ebb ? nf* ora n aybumaimW asadZoo, pratoadanl (a)'fnvhanomntal Ciea w inchAw ass' aedp4tee ra MNNC hat W4ffKtaatereWr AaitiRB s G"O Fan. Jae! eyes 8K f 979PG25 1-6 do&W ire BnnlranmsW Lora; and (d) +aa wnvironmemtd Cossdidod' wm*s a eoadUm dust rm rase, caetrlbrmr to, or odwrwisa tdw in Baiseumm l Ciestt? ues, ? sue. or suieae of ay Amadons Bonovror dud not close or Pam* at m or to tie Wvp xV. Ba summ AM roe 1* sac dtow 8ttbapWOm, or tbteaden to raceme ally Elmordoas litibr?. a Wme acme to do, mytbtng at bu ti the t y (a) mat is In vlowan of law Bmr1[oeslssolsl I.evti (b) ohm ohm a >3DAM1 memttbl Condmn, or (a) dais to tha p malm, um4 cr tdaasm of ohs a oad ou ibed edvwssly aBbrbs ease Valle of?e lftapos{l. pnoedte6 to the presoaCa, use, or sbww on dta PIVedy of mom goad" of wtdm Sdmbmw ad tma gesdy rerogdd to be oppsapdMa to =MW raddm" pass and to mmillgaasm of the Propafy (iaoladt & but not Iil*W to. bsasdeue mbstmsom in acosomscpeoderam)• Bosroaeer 16& ply Sl" Lmdw wrlam mdoo of (s) MV bavsett dm4 claim' demmAd, kwu* odw sedan by am Jovrp'nraaatst or momm army or Phillip palmy iovdvhig Pr rdy mad Substrmoe or Ewk'mt al Lm of WW* Bo gwm bas molest lasewledgs, (b) mW Bttvlraare =W COMMORI, itmludiag batmot limited to, ally apillisg.bvkbq6 rabmso a it mmi oft+leme dsw lmamdats Subs . sad (a) may couMm toad by So prme"wo e, are or mkw of a Hmmsadams Swtbmtmere wMoh edvetsely dbcu the wears of the l'fepetty. NBasrowmr team& ac Is nodgM by M gownapsalsl a=ny wdhm v or MV private pally, that toy smsovml or odor rstaoawios of sally AMWAaas Stlbstanaa atiwft dw Property IS uaoouNy, Borrower shay ptsm*dy tall. all meoslsaty rasadial wil m in mramdaa>s with Dwhameald Law Nothing basin shdi atoaW any obligd d ml order the an Bnvhosad Cleanolr. NOg.UNrOORM COVRbIANI'S. Bariwwo+ sited Undw tt Aw rovmmt end moue a follows. 22. Aecdomdeni Res Oka. Latdrr lull give no" to BosYUwa• prior to nee aug0wVi Bo. row er's breach or any et womamt or qp esmest to aw Soarmily )Isstruaat (w sort prier to noodsradom under Section 19 Jere AppNeeMs Law prsN" edie wise). Leader AM aotlty l mm'ar 4 mean otbor #dart (a) lies delkslti (b) file mdlm reddsvi to ettsre So tleheiii (o) wises ft ddamk mead be - -a; and (d) twt Immure to candle dsdra am sidtied esq ttiwk d Wm at tw sus wowed by t o Saw* Lmtrasmast, foredwN by JuAM praaWb4 and lair of die 1'n Dr4% Lanier shall lmrdm imlaA Normwer of the slgN to Toubrts mitw asolbsdss sad be rlgrt to sa Wt In do fall daess A proceeding ties of a ddastlt or MW agrtr ddlsso d wraanc 40 aoddw a>ti Msedieess it dw dA M is 104 oared as aredMed, t?aedsc at t!s alMieo» i? ?'? p41•laeet In fwm of all alarm samrad by tills $"Wily Intr. meat wMiow mama apelmaw at '? swedw No llealn" 111111641111"m by imam h tlrs ralladmp?? !lead promeiimg, Linder .call be etASMI to coned all ouch d this avNenaa to dra maim perm b latter 22, inalvtdis?g. bat rat !celled te, atta'esy's Appllsse 293. ll.e 2 Al t ed of ad mama ioemed by this Boca* lubmumim lids Se as'Ma? bwbtwm m and Lmdee d aD d okw mat sW* mil dw Secaftimumnat. estate oatvayed Bm sW imW oW owLomd may dwV albo Poricko osdds Scow* kwumui; but aaly if to fbe Ls paid tort ddsd pwty for s nim n ebbed and ft ebagissg of So fee is pmdteedutarAmbombieLew, d rvlveses aa0? error at 21. Wire ti Bonalow. to On mad peumlMW by Applicable Law, mahu sa defeats id lmaadtegs to efts Of So=* 15asttrsessat sad hwv* weaves to bmdh of meat p vwo or fatm laws pmvkft far stay of owcatim extmsim of time, exeepdm firm sumabeeot, low std any and hamatd em"don. Scoffer 19 abali exsesrd bow mend to fora 25. gehrsptaeamt Period. Burovser's time to calm provtdsd in n Se on 19 fa We BMW* luumalt. pdor to the Caum Roemest of tmdbrg at s chars sale or other ate pursaaai is font to 2C Pia due Mosey a if stW of the debt stmused by dds Seoarlty Lostr Borrower to oogaba tide to fire SwAKity shall bo s pswaI F al ary mesigW. 27. Istond Itde Ater Jadpata L Bummer mpw tlsd 1%o tmlesast alts prpimble Aw a judgwAxt is anWred on tbo Note or in ed radon o[ modal fa wles a da bo the rdo pmyabk fares time to toss under the Note. ?dy wh?.tt mtdlntaMe Iese VP MPa eeWMUM. L ,••?'° ""-'- -- whTMaete wN? what iZ of i4? aster, 04 1 _TM K D Bf 1*479P62517 mowb Mea ftft-q paw BY SRiA1M VELM, BmTuwer aoMb emd #Vm to Poe t ww aad coVanaate coaamined In ibb Secu ty Inatmmead and in any Rider e+coeatod by Bouvwar tatd mwded alb it (Seel} (SUO 4)xm- lpf"WAIMI •BO"UWW IPAWd?APWI Gmthum OfFesidmce: (ftd). •BMRUW lpteu d maMI YU do hemby curf* tbat the preolee addr*u of *0 vAdda Dowd mw%We, aaeigoee or pam antided to Is QD/ J?• /DNA !'Reed' Rill fA9%i whdVmw9 w Fbft AW POW ..+c tw•dr?+ae t?e.? urvroaxBrrrno>?mrt atria tar?a ttw. aae sta e?S4b tti.oib-ft eoort.? Btc.-11? u ?u ia?our?..R.a?s ...,.. o?TYCtryrwsnw,l.R 9 7 9'PG 2 51- Bute of -knnw( 11, -' $ Caungr of Lj err" 1w1a 9 09 this, tho 4 of DefLoaVF, .2W , before me , the m omiped omor, Persaoa* appeared Prabett d Deibler III )MUM to mo (Or UdSh OlrA* pawn) to bo do pm%*s) whose name(s) Won m*sw*od to the widdD hmbvm=L sad admowb*W that hokboft q exeoubd the same for tho pu q mm twain coed. In wimesa whm d, I bm*rto set uW hmd and oftlai =ai. OO YONW M YLVANA Nola?'-'am JWrusrFltiaut ltAtavpd * 9 1 9. (?) Myc?a,M„nentispMw?ee?9ms ?/ U~, a NWIAN riee 5;?? ftmRoowsNtlt*gSladeifii vF kmatmed&umUlmO Nfx tMMT 11?SIMa ilO tMAiPOUN --t111t AoOls,l$/Cr Ike 14 arN moo%nrlww am 89.1 979PG25 19 MMMAUJUSTABLE RATE RMER (LIDOR wax - Bats Cap) hms 100055401250608330 TM FWMIADJUSTABLE RACE RIDER is made We 26th day ooeoen ;W, 2006 ? and is inoorponated imo and doll be doemod to amend mid seppleatent the Mw %"% Deed of TnA ar Dead to Seam Debt (tlw 'Seamity lnstrunant") of an am dais em by dw aodmul peed (tba 'Boamwd') to secum Bommoes Note to Xngbjj C Bank, F.S.B., a tedet a y dyarbwsd awAryp bank (the "!.ender") of tha same date and covering thte pmpeM dam&W In the Secvotity ed end located at 2222 Douglas D?Y?U' PA 17013 THIS NOTE PWVIDES FOR A CHANGE IN SOVJWVMWSFWM INT6RFMT RATE TO AN AWMAK9 IN.71ii MT RATE. THE WM LMT! THE AMOUNT THE g {II M Mf TRATB CAN CHAIM AT ANY ONE TIME AND THE MAXIMUM` RATE THE vbmtCwM MUST PAY. ADDMONAL COVENANTS. in additive to tha ravm ata and agcaemana made in the Seca* i=tntmmt, Botmm and Leedar ftdmr aovm= and 26MG as Ibllows: A- INTr=n RATE AND MON MTPAYMffi I! C'HANG0 The Note provides for an initial fixed indae?ed rate of 7.375 The Note ahso pmvides for a abaago is dw hd dd 6xad sere to an acyodable intaod rate, as 6oihows: 4.W1gRWT RATE AND MONTHLY PAST CBMGFS (&) Cb"p Dates mm initial &md inttaest Maio Y wW pay va abWF to an ad?oelable iemm lau 61 tha first day of Llamm y 2009 , and the Austablc Wmst me 1 wN pay may n ou that day ovary 6th month t> mw&m. The date on which my initial fixed idmad rate dhmgea ao an 90160 0 intmest rate, and mob date on which my adjartable intaeat nt e coult! change h ealiod a "tbeaga Dale." Icon No.. 125060633 ram ,tone 4M WLTtaTAlt FOMADJUSMAeuPA-M WO tn()MMrl ) - Sb a FWY 64W254 (0194) VMP MORTGAM FORM - (et10 W-7=1 ?t 1979PG2520 MW hoax Beginning with the &d Chimp Date, my intaeat ate wM be based on on Index. The "Indott" in the B avetsgo of natedbm it offered ulna for dx aamrth U.S. dotiar doooaiwaW dapo W is &a La" madmi, (nAOS"), m published in Vw Walt Sbvd Jawnol The most recent hulmt Ago zvdLblo m of the 69 boaltrow day of the month immediately preceding the mouth in whicb the Chimp Deli; covers is sailed the tCtment Index." If the W" is no logger aval 4ls, the Nate Holder wilt oboose a maw indax that is based upon comparable ftd matt m, The Note Holder will give rote nMice of this choiva, (C) •Cdodthttan of chaaga Betbere each Change Date, dW Note Holda wilt oalautate my uety inteseat rata by addh* .iz and 250/1ee0es»a pate points ( 6.250 %) to the Coacnt Index. The Note Holder will then rand do result of this adds" to the Bound one-eighth ore= perccutat3e 1oW (0.1250A). Subject to the limits died in Swdm 4(D) below, this mhmdW a Woo will be my new imtereat rate until dre next CbxnP Data. The Now Holder will thou detetmine the en oont of the monthly pnyahmt that woold be sofdent to repay the uetraid pzmdpal 6M I sun expected to ova at the Change Deft in Adl on to matruiW date at my new brtena rate in sabafadiaily equal paymo,m. The moo of dds uloalatfon wW be the now amount of my moathfy payment (p) I.indts on Luereat Rata Chs ages The intaraat rate I am iow*vd to pay at the &* change, Date will at ba grader than 10.375 % or lose flora 6.250 %, 71mwealtar, my sdJudable boo P to 19 rata wig never be increased or down sad on any angle Mop Dote by moos than 1.000 pmraMp pooos(g) (1.000 %) fivan tho ruts of iatrsed I have been paying Ax the praooding 6 moatha, my hste vd tale wilt unar ba gooater than 13.375 (E) F.dwjJve Date of Claafa My caw botaract rape w0l become effim ive on each Cbmnp Debt. a ?I wig Odap pay y the e 6a u ustil *a d ofm my now w numbly?ym? beginning oa to Dust maathly psymeat dote my moat " payment obangea aguld (0) Netlca of Chan" The Nate Holder wilt deliver or mail to me a potion of any ehmgea in my ivdlial Good Warm rate to an adjtutable interest mte and of any chwgM in any st(pra<able intms 'raft bo5oav the GUwtl:: dare of imy change, The uotioe will Include the amoaOt of tap noddy paynamat, bray k*00116011 rogaimd by law to gtvm to me sad also the We end tabOuae number of a parson who vW t=ww my gttaetion may L $49MIS (P104) oan go M060833 pwo 2 bf 4 pQM ooea got rt, ON 1979PGF5.2 I IL TRANSFM OF TJO PltOPZRTY OR A BENEnCIAL I2 UREST IN HORROWUL 1. Unto Bcaowves initial fixed iataesl rato a mew to an 14mtable kdaeed ate uncles the tams stated in ScW m A above, Umfixm Covaom t I g of dw Skwity titan road as Maws'. Tromador of Ow PtvMly or a BareisW INisaed fm O . As wed it obis Secdoa 18, "latasest in the mesas say w bros6oid in tLe Pwpotty. but not timbod te, ibwo bawflaW bbtaesbr ttsamAared in a bond tier flood, oassr+aot b huillnmmrs soles eantrad or escrow spreememt, to tmtent of which is the t1ms6or of tido by Bonlower st a fattue dale to a potohnor. If all or air pat of the Property or say ]ntarsd in ON is sold or traedannd (or if Borrower is not a adcanl MUD ad a boonilciel t fn is am cos 0 0 seta eT?s 00?en' my regn?s (oo?aihb paYUtad. in fa of an sums Iasntemieat R , this optloa dot as be exauised by Leader if twoh rata also 4 by if Linda eoofse50 hius gp?ITeadw shell give Boneover ootfoo of aooetaartiaL Tim notice sbdl i?s. d a period, it act lees tfran 30 trays fi+am tbs fists the aofioe is ?rvan is aocord•ncc with Seattaa 13 wttbis wbWk Borrower most pay all :amts reamed by?ritbis SeoMrlty 1na4ameat. If Hoaaawar iidu to M :sans p?dw to the _ dlisdbor t&wd may Wake say remedies this 8aourity kwhummt gv demand on Aorrowec. 2 Wban BassvwW s bitial fated lassoes rate cim W to as a4uaslAc ialerast rwo under *a farms stated in Seotim A v o? 17aiGtrm Coveald 18 of tba bsustrtamed daodbed is Seetiaa Ell shove :bail ttba cease b be m fit, and iha XMIsiom of Linde rmm Covem?m 1B of the Swoz* wbumout shom be amended to sad as Hollows: Traader of fire P; or ¦ Dowlelai I*Wed to Bermww. -As wed is this Section 18, "Idmest in Ute PtopeRy"tymeus tmgr isfist or boaaigoial f im Propmty, but not fludked tc, those bmofivW iabereeis bushued in a bond for dead, oaornct IN tiesd, bidamond Sales oooh*d or nuaw agreement ft intent of vAdob is to hander of title by Burrower at a tbtuae dab to a paacbrser. Nod or soy part of two Prapetty or sops Drat in baporly as told at 1rsmoolodod (or if Fiaarnwer is not a rrstmd uses srsd a biwfiv al•ittw? is liwmww d M or L s? uc s prior wridten wasatt. I seder my seq*o thk Iaseraaamt. Howe+ntr Wier aPtioa dtall ant be afsemaraetiby ii mah axarcise is Law. ante dssll teat exNdW this 41011001, it (a) BoMrww causes to be to lwoder infawAM r d by I?ardrs to av ese the inieaded kno the a it a mw loan were beieg made w tnmsSeras: nod (b) LAMM yy datermioa? that L,endm's see mity will not be *a lose aasaoaptiOa and rteit, of a bresdt of any aavetwat or egreemeat in twfil ty >emt is acaeprabi:a to Lendw. To the exwA puzalued by b Law, I,bader may charge a reason dit the sr a ooudlton. to Leader's oanaaat l db lwmustrmptionLax* ON may:eg , floc t umbree to sign an assomptton aVwmout dW is aooepWU to Leader and that obllgsUs do a+md?atee to looep au fl and armspeata mods in the Note and to this Saearity int. ? wilf oaotmGSa to be oblisdad aadw the Mix and tide Se*why lodroment udw H Leod& exaeisas the gpkn to Mp= hunadiats in fA L.aodsr a>tall Elve Borro?9lsr ayttoe of sxaferatioe. The notice ebafi ptoVitio a ? ant leas ttaa 30 tfays the debt da andea is given in atom bmw Wilt Sat tlou IS w16in which Dow war mud pa? 4M Pop a at 4 FOM Itiolo? 1250617833 891 %7'9PG252`2 smns seowmd by ibis Seomiq bMfummt. if B=Wcr &ft to pay *SW mm e Our to the e,?ptradon of &b park4 lmder may WVWM my mmedW pcimittod by this SwmcltY b*ml wttbont taAw nom or denoad on Bo OWOr. BBC SI NiNC1 SHWW, BonvWw aaaepts no agrees to the toms and vuvammu mdaimd to this FiaedlAdjudable Rate Rider. cx O T -B??'' (sr?l) a (seal) .e„avwa (seal) 43019c•- (Bad) -aaa cwcr (S.d) -uonvwcr (seal) -DO= Iasm No: 135060833 Fam 4m stet Q•oaa a 6*0" (0104) 8RT"9'79=PG25-23 { f ADDENDUM TO FWEDIADJUSTABLE RATE RIDER Loan * 125060833 THIS ADDENDUM to the FWWAd)ttsW4 Rate R" Is made this 26th day of Dacudw, 2006 , and is lnoorponsted Into and shall be deemed to amend end supptament the Mortgage Deed of Trust, or Deed to Secure Debt Mw 'Sow* inslnrmerhr) and Flx"AdJusteble Rate Rider of the same data given by the undaretgnsd (the *Bwmwat") to secure Bomower's We to WOW Bank, P.8.B., a federally dvwt4ftd savlzia bank (the -lender') of the some date and covering the PmPertY described in the 3ewrity Instrument and totaled at 2222 DOU91 g Drive, car].iole, PA 17013 fPmperty Addressl ADDMOVAL COVEIN/I M. In Addition to the aovwmrtts and sgrdanhents made In the Scurtty instrument, Bonvwer and Lender further covenant and agree AS follows: saedon 4(D) at the Ffa< WAd)wtiAdtMe Mderts ModNl = foNowe: The Intoreet rate I am required to pay at the first Chanue Date will riot be greator then 10.375 % or leas Ihmn 6.250 %. rw"w r. my Interest rats will never be Increased or dacmdeead an any 6(n9l8 change Dato by more than cm and 90/1000thm pmWm9a point(s) ( 1.000 %) from the rate of Intermit 1 have boon paying for the preaedlng 6 months. My Interest rate will never be greater then 13.375 % or less than 6.250 %. WAwd=dum to FUMMA03e11eble Retr Ittder ?, N11S pope 1 of 2 2RIr6 8480345 (0602) VMp Mortgage Soludwo, [no, f' 9 9,PG 2,52 4 2. All odisr pmvkMm of do FbmdfAd$wb" Pills RMW am unchanged by this Addendum and remain In 14dl force and effsat. Dated: l? ?aG aLl( Acbewt-O-EkIbler X33 (Seal) 43orrower -Borrower (seal) 43o M"I) -Borrower -Bor(ower) .Borrower (8061) -BOrrV W -(3041j) -Borrower UN345 (0802) Page 2 of 2 2M 8N i979'I?G 2 S 25 1 Lagal cK*?4 ALL THAT CERTAIN tract of land in North Middleton Township, Cumberland County, Pennsylvania; being mote particularly bounded and described w follows: ' t BEING Lot No, 140 on the Plan of Creek View Heights, 800tion 'U', as recorded In the office of the P=oide r of Deeds for CuniWeland County, in, Flans Book 30, Papa 67, - eonu fining 107.10 feet along the: West along Douglas Drlve; eontaining 84.03 feet along the curve leading to Cumberland Drive Am Douglas Drive; containing 98.09 feet along the South along Cnmbedand Drive as shown on said Plan; containing 110.00 feet along the Eat along Lot No. 139 on said Plena; and containing 83.59 feet along the North along Lot No. 141 as shown on said Plan and caataining 15,403.92 square feet. BEING Parcel No. 29.16.1096-150 ,A-e vo pf-A -' W Recorder of Deeds Y Certify this to be recorded In Cumberland County PA Wt979.?G25*26 IndyMac Mortgage Services a Division of One West Bank PO Box 9042 Temecula, CA 92589-9042 Send Payments To, IndyMac Mortgage Services a Division of One West Bank PO Box 4045 Kalamazoo, MI 49003-4045 Send Correspondence To: IndyMac Mortgage Services a Division of One West Bank PO Box 4045 Kalamazoo, MI 49003-4045 111111111111 7113 8257 1473 8812 4523 ROBERT O DEIBLER II 611 WILLOW ST CHAMBERSBURG, PA 17202 PRESORT First-Class Mail U.S. Postage and Fees Paid WSO 2010010&72 XC718 li 1159-v34 F141t tv.."A Home Loan Servicing 6900 Bearlice Drive Kalamazoo, MI 49009 January 05, 2010 ROBERT O DEIBLER II 611 WILLOW ST CHAMBERSBURG, PA 17202 RE: Loan Number 1009065572 Legal Description of Property: 2222 DOUGLAS DR CARLISLE, PA 17013 ACT 91 NOTICE Sent Via Certified Mail 7113 8257 1473 8812 4523 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) MAY BE ABLE TO HELP TO SAVE YOUR HOME. This Notice explains how the program works To see if HEMAP can help, you must MEET WITH CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies servicing your county are listed at the end of this Notice. If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with unpaired hearing can call 1-717-780-1869) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. RWt. I 7113 8257 1473 8812 4523 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (Plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counselinE agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE'. YO U HA VE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN A BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by IndyMac Mortgage Services, a Division of OneWest Bank on your property located at the above referenced address is in SERIOUS DEFAULT, because you have not made the monthly payments that follow: Next Payment Due Date: 11/01/2009 Current Monthly Payment: $1,550.77 Total Monthly Payments Due: $4,652.31 Late Charges: $194.49 Other Charges: Uncollected NSF Fees: $0.00 Other Fees: $0.00 Corporate Advance Balance: $11.00 Partial Payment Balance: -$0.00 TOTAL YOU MUST PAY TO CURE DEFAULT: $4,857.80 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 $4,857.80, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check or monev order made arable and sent to: IndyMac Mortgage Services, a Division of OneWest Bank P.O. Box 78826 Phoenix, AZ 85062-88026 IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgaue debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) Days, the lender also intends to instruct its attorneys to start legal action to foreclosure upon vour mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the 01* default within the THIRTY (30) DAY period you will not be required to pay attorneys fees 7113 8257 1473 8812 4523 OTHER LENDER REMEDIES --The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY(30) DAY period and foreclosure proceedings have begun, you still have the rip-ht to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: IndyMac Mortgage Services, a Division of OneWest Bank 2900 Esperanza Crossing Austin, Texas 78758 Loan Resolution Department 1 (877) 908-4357 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 to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may be eligible to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. You will need to obtain expressed approval of the lender prior to any sale or transfer or assumption of the mortgage debt. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED. IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANA' OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. You may also contact a HUD-approved housing counseling agency toll-free at 1 (800) 569-4287 or TDD 1 (800) 877-8339 for the housing counseling agency nearest you. These services are usually free of charge. CONSUMER CREDIT COUNSELING AGENCIES SERVICING YOUR COUNTY CAN BE LOCATED ON THE ATTACHED LIST OF COUNSELING AGENCIES LOCATED IN THE STATE OF PENNSYVANIA This company is a debt collector. We are attempting to collect a debt and any information obtained will be used for that purpose. However, if your debt has been discharged pursuant to the Bankruptcy laws of the United States, this communication is intended solely for informational purpose. Sincerely, IndyMac Mortgage Services, a Division of OneWest Bank Loan Resolution Please 1) Make your check payable to IndyMac Mortgage Services, a Division of OneWest Bank 2) Do not staple your payment to your billing statement 3) Write your loan number on your check or money order 4) Do no include correspondence 5) Do not send Cash 6) Mail your payments to: IndyMac Mortgage Services, a Division of OneWest Bank P.O. Box 78826 Phoenix, AZ 85062-88026 CONSUMER CREDIT COUNSELING AGENCIES SERVING CUMBERLAND COUNTY Adams County Interfaith CCCS of Westem PA Community Action Loveship, Inc. Housing Authority 2000 Linglestown Road Commission 2320 North 5th Street 40 E High Street Harrisburg, PA 17102 of Capital Region Harrisburg, PA 17110 Gettysburg , PA 17325 888.511.2227 1514 Derry Street 717.232.2207 717.334.1518 Harrisburg, PA 17104 717.232.9757 Maranatha PH FA 43 Philadelphia Avenue 211 North Front Street Waynesboro, PA 17268 Harrisburg, PA 17110 717.762.3285 717.780.3940 800.342.2397 7113 8257 1473 8812 4523 IndyMac Mortgage Services PRESORT a Division of One West Bank First-Class Mail PO Box 9042 111111111111 111111 U.S. Postage and 11111 Temecula, CA 92589-9042 Fees Paid WSO 2229343105 Send Payments To: IndyMac Mortgage Services a Division of One West Bank PO Box 4045 Kalamazoo, MI 4 900 3-404 5 Send Correspondence To: IndyMac Mortgage Services a Division of One West Bank PO Box 4045 ROBERT O DEIBLER II Kalamazoo, MI 49003-4045 2222 DOUGLAS DR CARLISLE, PA 17013 20100105-72 xC71 S N 1159-v34 Home Loan Servicing 6900 Bearlice Drive Kalamazoo, MI 49009 January 05, 2010 ROBERT O DEIBLER.II 2222 DOUGLAS DR CARLISLE, PA 17013 RE: Loan Number 1009065572 Legal Description of Property: 2222 DOUGLAS DR CARLISLE, PA 17013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) MAY BE ABLE TO HELP TO SAVE YOUR HOME. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies servicing your county are listed at the end of this Notice. If you have any questions, Loy u may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call 1-717-780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. , 2229343105 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT'), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (Plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT' EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HA VE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN A BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have tiled bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT Bring it uv to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by IndyMac Mortgage Services, a Division of OneWest Bank on your property located at the above referenced address is in SERIOUS DEFAULT, because you have not made the monthly payments that follow: Next Payment Due Date: 11/01/2009 Current Monthly Payment: $1,550.77 Total Monthly Payments Due: $4,652.31 Late Charges: $194.49 Other Charges: Uncollected NSF Fees: $0.00 Other Fees: $0.00 Corporate Advance Balance: $11.00 Partial Payment Balance: -$0.00 TOTAL YOU MUST PAY TO CURE DEFAULT: $4,857.80 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 $4,857.80, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check certified check or money order made payable and sent to: IndyMac Mortgage Services, a Division of OneWest Bank P.O. Box 78826 Phoenix, AZ 85062-88026 IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt, This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) Days, the lender also intends to instruct its attorneys to start legal action to foreclosure upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period you will not be required to pay attorney's fees F; 2229343105 OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY(30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You may do so by paving the total amount then nast due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: IndyMac Mortgage Services, a Division of OneWest Bank 2900 Esperanza Crossing Austin, Texas 78758 Loan Resolution Department 1 (877) 908-4357 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 to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may be eligible to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. You will need to obtain expressed approval of the lender prior to any sale or transfer or assumption of the mortgage debt. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED. IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. You may also contact a HUD-approved housing counseling agency toll-free at 1 (800) 569-4287 or TDD 1 (800) 877-8339 for the housing counseling agency nearest you. These services are usually free of charge. FAVW IT&Zq CONSUMER CREDIT COUNSELING AGENCIES SERVICING YOUR COUNTY CAN BE LOCATED ON THE ATTACHED LIST OF COUNSELING AGENCIES LOCATED IN THE STATE OF PENNSYVANIA This company is a debt collector. We are attempting to collect a debt and any information obtained will be used for that purpose. However, if your debt has been discharged pursuant to the Bankruptcy laws of the United States, this communication is intended solely for informational purpose. Sincerely, IndyMac Mortgage Services, a Division of OneWest Bank Loan Resolution Please 1) Make your check payable to IndyMac Mortgage Services, a Division of OneWest Bank 2) Do not staple your payment to your billing statement 3) Write your loan number on your check or money order 4) Do no include correspondence 5) Do not send Cash 6) Mail your payments to: IndyMac Mortgage Services, a Division of OneWest Bank P.O. Box 78826 Phoenix, AZ 85062-88026 CONSUMER CREDIT COUNSELING AGENCIES SERVING CUMBERLAND COUNTY Adams County fnterfaith CCCS of Western PA Community Action Loveship Inc Housing Authority 2000 Linglestown Road Commission , . 2320 North 5th Street 40 E High Street Gettysburg , PA 17325 Harrisburg, PA 17102 886.511.2227 of Capital Region 1514 Derr Street Harrisburg, PA 17110 717 717.334.1518 y Harrisburg, PA 17104 .232.2207 717.232.9757 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17266 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800142.2397 2229343105 Deutsche Bank National Trust Company, as Trustee of the Home Equity Mortgage Loan Asset-Backed Trust Series INABS 2007-A, Home Equity Mortgage Loan Asset-Backed Certificates, Series INABS 2007-A under the Pooling and Servicing agreement dated Mar 1, 2007 v. Robert O. Deibler, III. VERIFICATION The undersigned is Vice President of OneWest Bank, FSB as attorney in fact on behalf of Deutsche Bank National Trust Company, as Trustee of the Home Equity Mortgage Loan Asset-Backed Trust Series INABS 2007-A, Home Equity Mortgage Loan Asset-Backed Certificates, Series INABS 2007-A under the Pooling and Servicing agreement dated Mar 1, 2007 and as such is familiar with the records of said corporation, and being authorized to make this verification on behalf of Plaintiff an officer of the corporation, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. OneWest Bank, FSB as attorney in fact on behalf of Deutsche Bank National Trust Company, as Trustee of the Home Equity Mortgage Loan Asset-Backed Trust Series INABS 2007-A, Home Equity Mortgage Loan Asset- d Certificates, Series INABS 2007-A under the Pooling and Servicing agreemen ated Mar 1, 2007 10-037278 Name: "'frica A Johnson-S Title: Vice President Company: SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FlCE~-+~FrICE Sheriff Jody S Smith ~ t~ t ~~ , ~~~ ::.4 . ~ ~ra~ Chief Deputy ~.< ~~ Q;~~,~~i 3 ~ ~d°~ ru' ~ la Edward L Schorpp Solicitor ~~~~r j~~_~~~x ,~,E,~.F G: rr N t (/L.. __ Deutsche Bank National Trust Company vs. Robert O. Deibler, III Case Number 2010-1481 SHERIFF'S RETURN OF SERVICE 03/03/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Robert O. Deibler III, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Franklin County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 03/17/2010 Franklin County Return: And now March 9, 2010 at 0850 hours I, Dane Anthony, Sheriff of Franklin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Robert O. Deibler III by making known unto himself personally, at The Franklin County Sheriffs Office, 157 Lincoln Way East, Chambersburg, PA 17201 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $74.40 March 17, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF Cow, ySuhr 5^~_. ~. ~. Te~eoso't. Inc. SHERIFF'S RETURN - REGULAR CASE NO: 2010-00048 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN DEUTSCHE BANK NAT TRUST VS ROBERT O DEIBLER III DANE M AIITHONY Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMP MORT FORE was served upon DEIBLER ROBERT O III the DEFENDANT at 0850:00 Hour, on the 9th day of March 2010 at FRANKLIN COUNTY SHERIFF'S OFFI 157 LINCOLN WAY EAST CHAMBERSBURG, PA 17201 ROBERT O DEIBLER III by handing to a true and attested copy of COMP MORT FORE together with and at the same time directing His attention to the contents thereof. She:rif:f's Costs: So Answers: DockeLin.g 9.00 Service 9.00 DANE M T ONY Affidavit 5.00 Surcharge 10.00 By Mileage 5.00 De}~at_*p- heriff 38.00 03/15/2010 SHAPIRO AND DENARDO Sworn and Subscribed to before me t (d day of ~~~ A.D. e .. Ali ~ ~---. J Notate- • ~ Notarial Seal Richard D. McCarty, Notary Public Chambersburg Boro, Franklin Cowity In The Court of Common Pleas of Cumberland County, Pennsylvania Deutsche Bank National Trust Company vs. Robert O. Deibler III 611 Willow Street Chambersburg, PA 17202 Civil No. 2010-1481 Now, February 3, 2010, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA ~. Affidavit of Service Now, /~~"~..~. 9, , 20 /~ at O~s'~ o'clock M, served the within /~~a->c~ ©. c ~ r by handing to Q C~ a copy of the original ,Z~ and made known to ~. the contents thereof. So answers, Sworn and subscribed,~efore me this_~day of/j«~• ,20~ Notarial Seal Richard D. McCarty, Notary Public Ch~mbersburg Boro, Franklin County M Commission Ex Tres Jan. 29 2011 COSTS SERVICE MILEAGE AFFIDAVIT !` ` $ 3 i MAR ~ 20i0 ~. ~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~~`~~~ Sheriff ~4,,.,:c~ ~t ~ r„nl,r~,~7jj Vr ~~ PP,^'~F'~A4~TARY Jody S Smith Chief Deputy ~, ~-` ~: t<, ~~ ~ Q ~1~ s~ ~ $ rc~~ Z~ C J Edward L Schorpp Solicitor ~~~ ..F.~r~~_ .._,:~~~~~~~_.~;~.- ~ ~~{*~,.~ ~. :, .t Deutsche Bank National Trust Company vs. Robert O. Deibler, III Case Number 2010-1481 SHERIFF'S RETURN OF SERVICE AMENDED 03/03/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Robert O. Deibler III, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Franklin County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 03/17!2010 Franklin County Return: And now March 9, 2010 at 0850 hours I, Dane Anthony, Sheriff of Franklin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Robert O. Deibler III by making known unto himself personally, at The Franklin County Sheriffs Office, 157 Lincoln Way East, Chambersburg, PA 17201 its contents and at the same time handing to him personally the said true and correct copy of the same. 03/18/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Robert O. Deibler III, but was unable to locate him in hi; bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Robert O. Deibler III. Request for service at 2222 Douglas Drive, Carlisle, PA 17013 is vacant. The Carlisle Postmaster has advised the defendant's new address is 611 Willow Street, Chambersburg, PA 17202. 03/18/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Occupant of 2222 Douglas Drive, Carlisle, PA 17013, but was unable to locate them in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Occupant. Request for service at 2222 Douglas Drive, Carlisle, PA 17013 is vacant. SHERIFF COST: $74.40 March 17, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF c) CourrySufte She. i~. Teleosutt, h1c SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037278 Deutsche Bank National Trust Company, as Trustee of the Home Equity Mortgage Loan Asset-Backed Trust Series INABS 2007-A, Home Equity Mortgage Loan Asset-Backed Certificates, Series INABS 2007-A under the Pooling and Servicing agreement dated Mar 1, 2007 PLAINTIFF VS. Robert O. Deibler, III. DEFENDANT ii :. 2~~~~~4'~GI ~:~(~~~t CU~~ _ _, w~~.;~a iY ~r-. ,: COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-1481 AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Company, as Trustee of the Home Equity Mortgage Loan Asset-Backed Trust Series INABS 2007-A, Home Equity Mortgage Loan Asset-Backed Certificates, Series INABS 2007-A under the Pooling and Servicing agreement dated Mar 1, 2007, 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 2222 Douglas Drive, Carlisle, PA 17013. 1. Name and address of Owner(s) or Reputed Owner(s) Robert O. Deibler, III. 2222 Douglas Drive Carlisle, PA 17013 Robert O. Deibler, III. 611 Willow Street Chambersburg, PA 17202 2. Name and address of Defendant in the judgment: Robert O. Deibler, III. 2222 Douglas Drive Carlisle, PA 17013 Robert O. Deibler, III. 611 Willow Street Chambersburg, PA 17202 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Deutsche Bank National Trust Company, as Trustee of the Home Equity Mortgage Loan Asset-Backed Trust Series INABS 2007-A, Home Equity Mortgage Loan Asset-Backed Certificates, Series INABS 2007-A under the Pooling and Servicing agreement dated Mar 1, 2007 c/o OneWest Bank, FSB 888 E. Walnut Street Pasadena, CA 91101 4. Name and address of the last recorded holder of every mortgage of record: Deutsche Bank National Trust Company, as Trustee of the Home Equity Mortgage Loan Asset-Backed Trust Series INABS 2007-A, Home Equity Mortgage Loan Asset-Backed Certificates, Series INABS 2007-A under the Pooling and Servicing agreement dated Mar 1, 2007, Plaintiff c/o OneWest Bank, FSB 888 E. Walnut Street Pasadena, CA 91101 5. Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale: TENANT OR OCCUPANT 2222 Douglas Drive Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SHAPIRO & DeNARDO, LLC %--'/.. . ~'" BY: '' Leslie J. Rase, Esquire 10-037278 SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037278 Deutsche Bank National Trust Company, as Trustee of the Home Equity Mortgage Loan Asset-Backed Trust Series INABS 2007-A, Home Equity Mortgage Loan Asset-Backed Certificates, Series INABS 2007-A under the Pooling and Servicing agreement dated Mar 1, 2007 PLAINTIFF VS. Robert O. Deibler, III. DEFENDANT ~iL~~~-{ ;fir +~,- _ ~ ,f;!( cuR~, . , r COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-1481 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Robert O. Deibler, III. 2222 Douglas Drive Carlisle, PA 17013 Your house (real estate) at: 2222 Douglas Drive, Carlisle, PA 17013 29-16-1096-150 is scheduled to be sold at Sheriffs Sale on September 8, 2010 at: Lycoming County Sheriffs Office Executive Plaza, 1st Floor Commissioner's Boardroom 320 Pine Street Williamsport, PA 17701 at 10:30AM to enforce the court judgment of $187,174.42 obtained by Deutsche Bank National Trust Company, as Trustee of the Home Equity Mortgage Loan Asset-Backed Trust Series INABS 2007-A, Home Equity Mortgage Loan Asset-Backed Certificates, Series INABS 2007-A under the Pooling and Servicing agreement dated Mar 1, 2007 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be cancelled if you pay back to Deutsche Bank National Trust Company, as Trustee of the Home Equity Mortgage Loan Asset-Backed Trust Series INABS 2007-A, Home Equity Mortgage Loan Asset-Backed Certificates, Series INABS 2007-A under the Pooling and Servicing agreement dated Mar 1, 2007 the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call:(610)278-6800. 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You maybe able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 5. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610)278-6800. 6. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 7. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 8. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 9. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 10. You maybe entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 11. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 10-037278 ALL THAT CERTAIN tract of land in North Middleton Township, Cumberland County, Pennsylvania, being more particularly bounded and described as follows: BEING Lot No. 140 on the Plan of Creek View Heights, Section "D", as recorded in the Office of the Recorder of Deeds for Cumberland County, in Plan Book 30 Page 67, containing 107.10 feet along the West along Douglas Drive; containing 84.03 feet along the curve leading to Cumberland Drive from Douglas Drive; containing 98.09 feet along the South along Cumberland Drive as shown on said Plan; containing 110.00 feet along the East along Lot No.139 on said Plan; and containing 85.59 feet along the North along Lot No. 141 as shown on said Plan and containing 15,403.92 square feet. Parcel No. 29-16-1096-150 BEING THE SAME PREMISES which Robert O. Deibler, III and Crista R. Deibler, his wife, by Deed dated January 3, 2006 and recorded January 17, 2006, in the Office for the Recorder of Deeds in and for the County of Lycoming, in Deed Book 272 Page 3959, granted and conveyed unto the Robert O. Deibler III, in fee. SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037278 Deutsche Bank National Trust Company, as Trustee of the Home Equity Mortgage Loan Asset-Backed Trust Series INABS 2007-A, Home Equity Mortgage Loan Asset-Backed Certificates, Series INABS 2007-A under the Pooling and Servicing agreement dated Mar 1, 2007 PLAINTIFF VS. Robert O. Deibler, III. DEFENDANT C. ~.. ~,- r;- ~ .,~.,Y ,; Zt~l~ te=~~; ~ I ~,~~Ii~ :~I ~~ . ,U dim- i.;'iY {~~: COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-1481 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Robert O. Deibler, III. 611 Willow Street Chambersburg, PA 17202 Your house (real estate) at: 2222 Douglas Drive, Carlisle, PA 17013 29-16-1096-150 is scheduled to be sold at Sheriffs Sale on September 8, 2010 at: Lycoming County Sheriff s Office Executive Plaza, 1st Floor Commissioner's Boardroom 320 Pine Street Williamsport, PA 17701 at 10:30AM to enforce the court judgment of $187,174.42 obtained by Deutsche Bank National Trust Company, as Trustee of the Home Equity Mortgage Loan Asset-Backed Trust Series INABS 2007-A, Home Equity Mortgage Loan Asset-Backed Certificates, Series INABS 2007-A under the Pooling and Servicing agreement dated Mar 1, 2007 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to Deutsche Bank National Trust Company, as Trustee of the Home Equity Mortgage Loan Asset-Backed Trust Series INABS 2007-A, Home Equity Mortgage Loan Asset-Backed Certificates, Series INABS 2007-A under the Pooling and Servicing agreement dated Mar 1, 2007 the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call:(610)278-6800. 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You maybe able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 5. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610)278-6800. 6. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 7. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 8. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 9. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 10. You maybe entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 11. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 10-037278 ALL THAT CERTAIN tract of land in North Middleton Township, Cumberland County, Pennsylvania, being more particularly bounded and described as follows: BEING Lot No. 140 on the Plan of Creek View Heights, Section "D", as recorded in the Office of the Recorder of Deeds for Cumberland County, in Plan Book 30 Page 67, containing 107.10 feet along the West along Douglas Drive; containing 84.03 feet along the curve leading to Cumberland Drive from Douglas Drive; containing 98.09 feet along the South along Cumberland Drive as shown on said Plan; containing 110.00 feet along the East along Lot No.139 on said Plan; and containing 85.59 feet along the North along Lot No. 141 as shown on said Plan and containing 15,403.92 square feet. Parcel No. 29-16-1096-150 BEING THE SAME PREMISES which Robert O. Deibler, III and Crista R. Deibler, his wife, by Deed dated January 3, 2006 and recorded January 17, 2006, in the Office for the Recorder of Deeds in and for the County of Lycoming, in Deed Book 272 Page 3959, granted and conveyed unto the Robert O. Deibler III, in fee. SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037278 Deutsche Bank National Trust Company, as Trustee of the Home Equity Mortgage Loan Asset-Backed Trust Series INABS 2007-A, Home Equity Mortgage Loan Asset-Backed Certificates, Series INABS 2007-A under the Pooling and Servicing agreement dated Mar 1, 2007 PLAINTIFF i;~ .r' .~,r' ~.. .r r~ ~ [ ^f x ~/ v~~;Y ..: .. ~,~ i.x COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:10-1481 VS. Robert O. Deibler, III. DEFENDANT PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES Enter Judgment IN REM in the amount of $187,174.42 in favor of the Plaintiff and against the Defendant, for failure to file an answer to Plaintiffs Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plaintiffs damages as follows and calculated as stated in the Complaint: Principal of Mortgage Debt Due and Unpaid $174,230.90 Interest at 7.875% from October 1, 2009 to December 31, 2009(92 days @ $37.59 per diem) $3,458.28 Interest at 6.875% from January 1, 2010 to April 19, 2010(109 days @ $32.82 per diem) $3,577.38 Late Charges $377.42 Escrow Advances $269.44 Property Inspection $11.00 Title Search Fees $250.00 Attorney Fees & Costs of Foreclosure $5,000.00 TOTAL $187,174.42 Leslie J. Rase, Esquire Attorney for Plaintiff AND NOW, judgment is entered in favor of the Plaintiff and against the Defendant and damages are assessed as above in the sum of $187,174.42. o. Prothy. 10-037278 ~ ~,~. Ud ~~ ~~r i2~ a~ 878 lllcr~r~~ ~-na.c L~.:c-~ SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY LD. NO. 78447 MICHAEL CLARK, ESQ., ATTORNEY LD. N0.202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037278 Deutsche Bank National Trust Company, as Trustee of the Home Equity Mortgage Loan Asset-Backed Trust Series INAB5 2007-A, Home Equity Mortgage Loan Asset-Backed Certificates, Series INABS 2007-A under the Pooling and Servicing agreement dated Mar 1, 2007 PLAINTIFF ; VS. ' Robert O. Deibler, III. , 61 I Willow Street Chambersburg, PA 17202 DEFENDANT Texas STATE OF: COUNTY OF: T~``te COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: AFFIDAVIT OFNON-MILITARY SERVICE THE UNDERSIGNED being duly sworn, states that he/she is over the age of eighteen years and competent to make this affidavit and the following averments are based upon investigations made and records maintained either as Plaintiff or servicing agent of the Plaintiff and that the above-captioned Defendant's last known address is as set forth in the caption and they are not in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended. OneWest Bank, FSB as to yin fact on behalf of Deutsche Bank National Trust Company, as Trustee of the Home Equity Mortga Lo Asset-Backed Trust Series INAB5 2007-A, Home Equity Mortgage Loan Asset- Backed Certificates, e ' s ~BS 2007-A under the Pooling and Servicing agreement dated Mar 1, 2007 By: NAME: Erica A (o}>`nson~.~ TITLE: Vice I resident Sworn to and subscribed before me this I~ day of ~c-b , 2010. ,Notary Public 10-037278 >. ~ "RY PG "Anna Elizabeth Ramsey: S O~P.~.u.c. ei Notary Public, ' = 9r"^~~'+P= State of Texas t -~'~~~°F~~"~`~`Comm. Exp. 12-IS-13 6........~.......~~.,~~........< SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037278 Deutsche Bank National Trust Company, as Trustee of the Home Equity Mortgage Loan Asset-Backed Trust Series INABS 2007-A, Home Equity Mortgage Loan Asset-Backed Certificates, Series INABS 2007-A under the Pooling and Servicing agreement dated Mar 1, 2007 PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-1481 VS. Robert O. Deibler, III. DEFENDANT NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Robert O. Deibler, III. DATE OF NOTICE: April 8, 2010 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tornado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in Corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o llame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Robert O. Deibler, IIL, 2222 Douglas Drive, Carlisle, PA 17013 Robert O. Deibler, IIL, 611 Willow Street, Chambersburg, PA 17202 ~- , Christopher A. DeNardo, Esquire Shapiro &DeNardo, LLC Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037278 Deutsche Bank National Trust Company, as Trustee of the Home Equity Mortgage Loan ; Asset-Backed Trust Series INABS 2007-A, Home Equity Mortgage Loan Asset-Backed Certificates, Series INABS 2007-A under the ; Pooling and Servicing agreement dated Mar 1, 2007 PLAINTIFF ; VS. Robert O. Deibler, III. DEFENDANT ; COURT OF COMMON PLEAS CNIL DIVISION CUMBERLAND COUNTY NO: 10-1481 NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Robert O. Deibler, III. DATE OF NOTICE: April 8, 2010 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tornado la action requirida de su parte en este caso. Al no tomar la action debida dentro de un termino de diet (10) dias de la fecha de esta notification, el tribuna podra, sin necesidad de compararecer usted in torte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notification a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o llame por telefono a la oficina cuya direction se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Robert O. Deibler, III., 2222 Douglas Drive, Carlisle, PA 17013 Robert O. Deibler, IIL, 611 Willow Street, Chambersburg, PA 17202 C ._~j ~~ ~ ~ ' ~~ . Tb / Christopher A. DeNardo, Esquire Shapiro &DeNardo, LLC Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037278 Deutsche Bank National Trust Company, as Trustee of the Home Equity Mortgage Loan Asset-Backed Trust Series INABS 2007-A, Home Equity Mortgage Loan Asset-Backed Certificates, Series INABS 2007-A under the Pooling and Servicing agreement dated Mar 1, 2007 PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-1481 VS. Robert O. Deibler, III. DEFENDANT CERTIFICATION OF MAILING NOTICE UNDER RULE 237 1 The undersigned hereby certifies that a Written Notice of Intention to File a Praecipe for the Entry of Default Judgment was mailed to the defendant (s) and to his, her, their attorney of record, if any, after the default occurred and at least (10) days prior to the date of the filing of the Praecipe. Said Notice was sent on the date set forth in the copy of said Notice attached hereto, April 8, 2010 to the following Defendants: Robert O. Deibler, IIL, 2222 Douglas Drive, Carlisle, PA 17013 Robert O. Deibler, IIL, 611 Willow Street, Chambersburg, Pt~..1.7202 ..... ..... ~~ ., , Sheena C. ~NTayer, Leg ssistan to Christopher A. DeNardo, Esquire for Shapiro &DeNardo, LLC SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037278 Deutsche Bank National Trust Company, as Trustee of the Home Equity Mortgage Loan Asset-Backed Trust Series INABS 2007-A, Home Equity Mortgage Loan Asset-Backed Certificates, Series INABS 2007-A under the Pooling and Servicing agreement dated Mar 1, 2007 PLAINTIFF VS. Robert O. Deibler, III. DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:10-1481 CERTIFICATE OF SERVICE I, Leslie J. Rase, Esquire, Attorney for the Plaintiff, hereby certify that I have served by first class mail, postage prepaid, true and correct copies of the attached papers upon the following person(s) or their attorney of record: Robert O. Deibler, IIL, 2222 Douglas Drive, Carlisle, PA 17013 Robert O. Deibler, III., 611 Willow Street, Chambersburg, PA 17202 Date Mailed: ~C7.2~~ ~ SHAPIRO & DeNARDO, LLC __-.- ._ ..--°' „. Leslie J. Rase, Esquire Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037278 Deutsche Bank National Trust Company, as Trustee of the Home Equity Mortgage Loan Asset-Backed Trust Series INABS 2007-A, Home Equity Mortgage Loan Asset-Backed Certificates, Series INABS 2007-A under the Pooling and Servicing agreement dated Mar 1, 2007 PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:10-1481 VS. Robert O. Deibler, III. DEFENDANT CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor (Plaintiff) is: Deutsche Bank National Trust Company, as Trustee of the Home Equity Mortgage Loan Asset- Backed Trust Series INABS 2007-A, Home Equity Mortgage Loan Asset-Backed Certificates, Series INABS 2007-A under the Pooling and Servicing agreement dated Mar 1, 2007 c/o OneWest Bank, FSB 888 E. Walnut Street Pasadena, CA 91101 and that the last known address of the judgment debtor (Defendant) is: Robert O. Deibler, III. 2222 Douglas Drive Carlisle, PA 17013 Robert O. Deibler, III. 611 Willow Street Chambersburg, PA 17202 SHAPIRO & DeNARDO, LLC ....~ BY: Leslie J. Rase, Esquire Attorney for Plaintiff 10-037278 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 William J. Burd Prothonotary TO: Robert O. Deibler, III. 2222 Douglas Drive Carlisle, PA 17013 Deutsche Bank National Trust Company, as Trustee of the Home Equity Mortgage Loan Asset-Backed Trust Series INABS 2007-A, Home Equity Mortgage Loan Asset-Backed Certificates, Series INABS 2007-A under the Pooling and Servicing agreement dated Mar 1, 2007 PLAINTIFF VS. Robert O. Deibler, III. DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-1481 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary [XX] Judgment by Default [ ]Judgment for Possession [ ]Judgment on Award of Arbitration [ ]Judgment on Verdict [ ]Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY LESLIE J. RASE, ESQUIRE AT (610)278-6800. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 William J. Burd Prothonotary TO: Robert O. Deibler, III. 611 Willow Street Chambersburg, PA 17202 Deutsche Bank National Trust Company, as Trustee of the Home Equity Mortgage Loan Asset-Backed Trust Series INABS 2007-A, Home Equity Mortgage Loan Asset-Backed Certificates, Series INABS 2007-A under the Pooling and Servicing agreement dated Mar 1, COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-1481 2007 PLAINTIFF VS. Robert O. Deibler, III. DEFENDANT NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary [XX] Judgment by Default [ ]Judgment for Possession [ ]Judgment on Award of Arbitration ] Judgment on Verdict [ ]Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY LESLIE J. RASE, ESQUIRE AT (610)278-6800. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: Deutsche Bank National Trust Company, as Trustee of the Home Equity Mortgage Loan Asset-Backed Trust Series INABS 2007-A, Home Equity Mortgage Loan Asset-Backed Certificates, Series INABS 2007-A under the Pooling and Servicing agreement dated Mar 1, 2007 PLAINTIFF OConfessed Judgment ()Other n File No. _ i'0- I~~t l ''iii t T~t~'' Amount Due $187,174.42 Interest Apri120, 2010 to September 8, 2010 is $5,006.21 Atty's Comm Costs C7 ~ - , ~- ~_ ~.~ vs. ~ s:_~ Robert O. Deibler, III. r,~ -~~ -~, --- r , DEFENDANT(S) _ x `~ ~= ~~ ~;- TO THE PROTHONOTARY OF THE SAID COURT: e,~ 4_ _; __; x~ The undersigned hereby certifies that the below does not arise out of a retail instal,nt safe, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate ornal roce~ding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as arrfend Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) See attached Legal Description PRAECIPE FOR ATTACHEMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendants described in the attached exhibit. .. e ...~.,,.,.. Date: "' ~ Signature: 1- ~.- -' Print Name: Leslie J. Rase, Es uire '~O~'y'v0 ~~-- ~'~ Address: 3600 Horizon Drive, Suite 150 7~ • ~ O CBS' I King of Prussia, PA 19406 qa. 00 ~~ Attorney for: Plaintiff ~~~ 00 ~~ o?. 5o a Supreme Court ID # PA Bar # 58365 ~aoro.Qo P~ p~ eta 3SOS~a~' ~~- aYoB ~ ~a.oo D~~.~ ' ALL THAT CERTAIN tract of land in North Middleton Township, Cumberland County, Pennsylvania, being more particularly bounded and described as follows: BEING Lot No. 140 on the Plan of Creek View Heights, Section "D", as recorded in the Office of the Recorder of Deeds for Cumberland County, in Plan Book 30 Page 67, containing 107.10 feet along the West along Douglas Drive; containing 84.03 feet along the curve leading to Cumberland Drive from Douglas Drive; containing 98.09 feet along the South along Cumberland Drive as shown on said Plan; containing 110.00 feet along the East along Lot No.139 on said Plan; and containing 85.59 feet along the North along Lot No. 141 as shown on said Plan and containing 15,403.92 square feet. Parcel No. 29-16-1096-150 BEING THE SAME PREMISES which Robert O. Deibler, III and Crista R. Deibler, his wife, by Deed dated January 3, 2006 and recorded January 17, 2006, in the Office for the Recorder of Deeds in and for the County of Lycoming, in Deed Book 272 Page 3959, granted and conveyed unto the Robert O. Deibler III, in fee. SHAPIRO DeNARDO, LLC BY: LESLI J. RASE, ESQUIRE ATTORNE I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE ~'NO. 10-037278 JUL 0 2 2010 Deutsche Blank National Trust Company, as COURT OF COMMON PLEAS Trustee of the Home Equity Mortgage Loan ~ CIVIL DIVISION Asset-Bacl~led Trust Series INABS 2007-A, ~ CUMBERLAND COUNTY Home Equilty Mortgage Loan Asset-Backed ; Certificates, Series INABS 2007-A under the ~ NO: 10-1481 Pooling and Servicing agreement dated Mar ; 1, 2007 PLAINTIFF VS. ' i Robert O. Deibler, III. DEFEI'~1DANT ORDER 2,©td AND NOW, this ~_ day of _'1~ ,299' ,upon consideration of Plaintiff s Motion for Service Pursuant to Court Order, Affidavit of Good Faith Investigation and Memorandum of Law in support thereof, and any response thereto, it is hereby ORDERED AND DECREED that Plaintiff may serve the Notice of Sale on Defendant, Robert O. D~ibler, IIL, by (1) sending true and correct copies thereof by simultaneous certified and regular nnail to the last known address located at 611 Willow Street, Chambersburg, PA 17202; and (2) posting a true and correct copy thereof on the mortgaged property located at 2222 Douglas Drive, Carlisle, PA 17013 by the Sheriff or any competent adult. Service of the aforementioned mailings is effective upon the date of mailing and is to be effectuated Liy Plaintiff s attorney, who will file with the Prothonotary's Office a Certificate of Service as to such mailings Yri5.4 ~~~~~ ~/~ ~t~ o6b« ~6 ~ ~~~ona Zola c,L J 9 ~~~~~ BY THE COURT: SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson FILFD-OFFIC Sheriff I I.. ' TIT) f) , , y Jody S Smith ??? 13 ? 2; i Chief Deputy a? Richard W Stewart CUMBERLAI D COUP .` Solicitor FFri PEE 1tYL' JiI" Deutsche Bank National Trust Company Case Number vs. 2010-1481 Robert O. Deibler, III SHERIFF'S RETURN OF SERVICE 06/21/2010 07:35 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 6-21-2010 at 1935 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of robert O. Deibler, III, located at, 2222 Douglas Drive, Carlisle, Cumberland County, Pennsylvania according to law. 08/09/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Leslie Rase on 8/6/10 SHERIFF COST: $694.56 October 12, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (c; CountySuite Shenft. Te!eosoft Inc SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037278 Deutsche Bank National Trust Company, as COURT OF COMMON PLEAS Trustee of the Home Equity Mortgage Loan CIVIL DIVISION Asset-Backed Trust Series INABS 2007-A, CUMBERLAND COUNTY Horne Equity Mortgage Loan Asset-Backed Certificates, Series INABS 2007-A under the NO: 10-1481 Pooling and Servicing agreement dated Mar 1, 2007 PLAINTIFF VS. ; Robert O. Deibler, III. DEFENDANT AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Company, as Trustee of the Home Equity Mortgage Loan Asset-Backed Trust Series INABS 2007-A, Home Equity Mortgage Loan Asset-Backed Certificates, Series INABS 2007-A under the Pooling and Servicing agreement dated Mar 1, 2007, 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 2222 Douglas Drive, Carlisle, PA 17013. Name and address of Owner(s) or Reputed Owner(s) Robert O. Deibler, III. 2222 Douglas Drive Carlisle, PA 17013 Robert O. Deibler, III. 611 Willow Street Chambersburg, PA 17202 2. Name and address of Defendant in the judgment: Robert O. Deibler, III. 2222 Douglas Drive Carlisle, PA 17013 Robert O. Deibler, III. 611 Willow Street Chambersburg, PA 17202 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Deutsche Bank National Trust Company, as Trustee of the Home Equity Mortgage Loan Asset-Backed Trust Series INABS 2007-A, Home Equity Mortgage Loan Asset-Backed Certificates, Series INABS 2007-A under the Pooling and Servicing agreement dated Mar 1, 2007 c/o OneWest Bank, FSB 888 E. Walnut Street Pasadena, CA 91101 4. Name and address of the last recorded holder of every mortgage of record: Deutsche Bank National Trust Company, as Trustee of the Home Equity Mortgage Loan Asset-Backed Trust Series INABS 2007-A, Home Equity Mortgage Loan Asset-Backed Certificates, Series INABS 2007-A under the Pooling and Servicing agreement dated Mar 1, 2007, Plaintiff c/o OneWest Bank, FSB 888 E. Walnut Street Pasadena, CA 91101 Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 2222 Douglas Drive Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SHAPIRO & DeNARDO, LLC BY: Leslie J. Rase, Esquire 10-037278 ALL THAT CERTAIN tract of land in North Middleton Township, Cumberland County, Pennsylvania, being more particularly bounded and described as follows: BEING Lot No. 140 on the Plan of Creek View Heights, Section "D", as recorded in the Office of the Recorder of Deeds for Cumberland County, in Plan Book 30 Page 67, containing 107.10 feet along the West along Douglas Drive; containing 84.03 feet along the curve leading to Cumberland Drive from Douglas Drive; containing 98.09 feet along the South along Cumberland Drive as shown on said Plan; containing 110.00 feet along the East along Lot No. 139 on said Plan; and containing 85.59 feet along the North along Lot No. 141 as shown on said Plan and containing 15,403.92 square feet. Parcel No. 29-16-1096-150 BEING THE SAME PREMISES which Robert O. Deibler, III and Crista R. Deibler, his wife, by Deed dated January 3, 2006 and recorded January 17, 2006, in the Office for the Recorder of Deeds in and for the County of Lycoming, in Deed Book 272 Page 3959, granted and conveyed unto the Robert O. Deibler III, in fee. SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037278 Deutsche Bank National Trust Company, as Trustee of the Home Equity Mortgage Loan Asset-Backed Trust Series INABS 2007-A, Home Equity Mortgage Loan Asset-Backed Certificates, Series INABS 2007-A under the Pooling and Servicing agreement dated Mar 1, 2007 PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-1481 VS. Robert O. Deibler, III. DEFENDANT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Robert O. Deibler, III. 2222 Douglas Drive Carlisle, PA 17013 Your house (real estate) at: 2222 Douglas Drive, Carlisle, PA 17013 29-16-1096-150 is scheduled to be sold at Sheriffs Sale on September 8, 2010 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:30AM to enforce the court judgment of $187,174.42 obtained by Deutsche Bank National Trust Company, as Trustee of the Home Equity Mortgage Loan Asset-Backed Trust Series INABS 2007-A, Home Equity Mortgage Loan Asset-Backed Certificates, Series INABS 2007-A under the Pooling and Servicing agreement dated Mar 1, 2007 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to Deutsche Bank National Trust Company, as Trustee of the Home Equity Mortgage Loan Asset-Backed Trust Series INABS 2007-A, Home Equity Mortgage Loan Asset-Backed Certificates, Series INABS 2007-A under the Pooling and Servicing agreement dated Mar 1, 2007 the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610)278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 5. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610)278-6800. 6. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 7. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 8. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 9. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 10. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 11. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 10-037278 ALL THAT CERTAIN tract of land in North Middleton Township, Cumberland County, Pennsylvania, being more particularly bounded and described as follows: BEING Lot No. 140 on the Plan of Creek View Heights, Section "D", as recorded in the Office of the Recorder of Deeds for Cumberland County, in Plan Book 30 Page 67, containing 107.10 feet along the West along Douglas Drive; containing 84.03 feet along the curve leading to Cumberland Drive from Douglas Drive; containing 98.09 feet along the South along Cumberland Drive as shown on said Plan; containing 110.00 feet along the East along Lot No. 139 on said Plan; and containing 85.59 feet along the North along Lot No. 141 as shown on said Plan and containing 15,403.92 square feet. Parcel No. 29-16-1096-150 BEING THE SAME PREMISES which Robert O. Deibler, III and Crista R. Deibler, his wife, by Deed dated January 3, 2006 and recorded January 17, 2006, in the Office for the Recorder of Deeds in and for the County of Lycoming, in Deed Book 272 Page 3959, granted and conveyed unto the Robert O. Deibler III, in fee. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-1481 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee of the HOME EQUITY MORTGAGE LOAN ASSET-BACKED TRUST SERIES INABS 2007-A, HOME EQUITY MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES INABS 2007-A under the Pooling and Servicing agreement dated Mar 1, 2007, Plaintiff (s) From ROBERT O. DEIBLER, III. (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $187,174.42 L.L. $.50 Interest from 4/20/10 to 9/8/10 -- $5,006.21 Atty's Comm % Due Prothy $2.00 Atty Paid $206.90 Other Costs Plaintiff Paid Date: 4/21 A 0 vid D. Buell, Irothonotary (Seal) By: Deputy REQUESTING PARTY: Name: LESLIE J. RASE, ESQUIRE Address: SHAPIRO & DeNARDO LLC 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 58365 4 On June 14, 2010 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA, Known and numbered as, 2222 Douglas Drive, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference ipporporated herein. Date: June 14, 2010 - 4 By: Real Estates cit-t -Coordinator PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal; a-legal periodical published in the Borough of Carlisle in the County and.State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 16, July 23, and July 30, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Coyne, itor 'epl SWORN TO AND SUBSCRIBED before me this 30 day of Jules 2010 Notary F OTARIAL SEAL ORAH A COLLINS Nowy Puft UGH, CUMBERLAND COUNTY MY COMMIlm" Etp u Apr 28, 2014 WWR No. 2010.1491 Civil Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement dated as of May 1, 2007 Securitized Asset Backed Receivables LLC Trust 2007-BR3 VS. Robert O. Deibler, III Atty.: Leslie J. Rase ALL THAT CERTAIN tract of land in North Middleton Township, Cumberland County, Pennsylvania, being more particularly bounded and described as follows: gUM Lot No. 140 on the Flan of Creek V*w Heights, Section 'D', as recorded in the Office of the Recorder of DoWo for Cumberland County, in plan gook 30 Page 67, containing 107.10 feet along the West along Douglas Drive; containing 84.03 feet along the curve leading to Cum- berland Drive from Douglas Drive; containing 98.09 feet along the South along Cumberland Drive as shown on said Plan; containing 110.00 feet along the East along Lot No. 139 on said Plan; and containing 85.59 feet along the North along Lot No. 141 as shown on said Plan and containing 15,403.92 square feet. Parcel No. 29-16-1096-150 BEING THE SAME PREMISES which Robert O. Deibler, III and Crista R. Deibler, his wife, by Deed dated January 3, 2006 and recorded January 17, 2006, in the Office for the Recorder of Deeds in and for the County of Lycoming, in Deed Book 272 Page 3959, granted and conveyed unto the Robert O. Deibler III, in fee. JA32 .,AiHA - 21IiJ300 R FiAP083i3 *dvq vistofA Oi7 UNA 1R38MV J40UOROti 3i2iarA3 E(j?A& tl 89titix3 nowtimmo'? YM R ul The Patriot-News Co. 20-10 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE the Patti* ot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/09/10 07/16/10 07/23/10 Sworn,W'an? subscribed before me this 05 day of August, 2010 A. D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal ` Sherrie L. Kisner, Notary Public Lower Paxton Twp., Dauphin County My Commission Explres Nov. 26, 2011 f Mem, Pr. 'f nf',i'?IV:9111d ?dSS? ,pCjdPjOf? f Notaries Writ No. 2010.1481 Civil Term Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement dated as of May 1, 2007 Securitized Asset Backed Receivables LLC Trust 2007 BR3 Vs Robert O. Dsibler, III Atty: Leslie J. Rase ALL THAT CERTAIN'tracr of land in North Middleton Township, Cumberland County. Pennsylvania, being more particularly bounded and described as follows: BEING Lot No. 140 on the Plan of Creek View Heights, Section "D", as recorded in the Office of the Recorder of Deeds for Cumberland County, in Plan Book 30 Page 67, containing 107.10 feet along the West along Douglas Drive; containing 84.03 feet along the curve leading to Cumberland Drive from Douglas Drive; containing 98.09 feet along the South along Cumberland Drive as shown on said Plan; containing 110.00 feet along the East along Lot No. 139 on said Plan; and containing 85.59 feet along the North along Lot No. 141 as shown on said Plan and containing 15,403.92 square feet. Parcel No. 29-16-1096-150 BEING THE SAME PREMISES which Robert 0. Deibler, III and Crista R. Deibler, his wife, by Deed dated January 3, 2006 and recorded January 17, 2006, in the Office for the Recorder of Deeds in and for the County of Lycoming, in Deed Book 272 Page 3959, granted and conveyed unto the Robert 0. Deibler III, in fee. SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRNE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037278 Deutsche Bank National Trust Company, as Trustee of the Home Equity Mortgage Loan Asset-Backed Trust Series INABS 2007-A, Home Equity Mortgage Loan Asset-Backed Certificates, Series INABS 2007-A under the Pooling and Servicing agreement dated Mar 1, 2007 PLAINTIFF VS. Robert O. Deibler, III. DEFENDANT QF T ~~L~ ~_~N~JN~I`AR'~' 1~~0~CT2! ~P~i 9~ I ~ ~'J,~9c~~~L~a~D COU~6TY }'~~~PdSYLYp,NIA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-1481 PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter SETTLED, DISCONTINUED AND ENDED, without prejudice. SHAPIRO & DeNARDO, LLC BY: Leslie J. Rase, Esquire Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037278 Deutsche Bank National Trust Company, as Trustee of the Home Equity Mortgage Loan Asset-Backed Trust Series INABS 2007-A, Home Equity Mortgage Loan Asset-Backed Certificates, Series INABS 2007-A under the Pooling and Servicing agreement dated Mar 1, 2007 PLAINTIFF ; VS. ; Robert O. Deibler, III. ; DEFENDANT ; COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-1481 CERTIFICATE OF SERVICE I hereby certify that I h e served a true and correct copy of the Praecipe to Settle, Discontinue and End on ~ to all parties named herein at their last known address or upon their attorney of record as below listed by regular mail, postage prepaid: Robert O. Deibler, III. 2222 Douglas Drive Carlisle, PA 17013 Robert O. Deibler, III. 611 Willow Street Chambersburg, PA 17202 SHAPIRO & DeNAR.DO, LLC BY: .'''~ Leslie J. Rase, Esquire Attorney for Plaintiff f ~ ` SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037278 Deutsche Bank National Trust Company, as Trustee of the Home Equity Mortgage Loan Asset-Backed Trust Series INABS 2007-A, Home Equity Mortgage Loan Asset-Backed Certificates, Series INABS 2007-A under the ; Pooling and Servicing agreement dated Mar 1, 2007 PLAINTIFF VS. Robert O. Deibler, III. DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-1481 PRAECIl'E TO VACATE JUDGMENT TO THE PROTHONOTARY: n ~ ~,.,, r~ c~ -~ _~ -~ ~ ~~ o ° --r n .- ~~ ~~: ~ ~ , --~ i n -Q --- ~~ ~ ~ ~~a r~ °id ~~ ~~r ~ ~ ~~ ~ i ~ ~ ~~ _,. Kindly mark the Judgment entered on Apri121, 2010 in the above entitled action vacated without prejudice to Plaintiff. SHAPIRO & DeNARDO, LLC BY: Leslie J. Rase, Esquire Attorney for Plaintiff ~' ~; Od p ~ wffy a.t~ aSdDo(o 1 Y . SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037278 Deutsche Bank National Trust Company, as Trustee of the Home Equity Mortgage Loan Asset-Backed Trust Series INABS 2007-A, Home Equity Mortgage Loan Asset-Backed Certificates, Series INABS 2007-A under the Pooling and Servicing agreement dated Mar 1, 2007 PLAINTIFF VS. Robert O. Deibler, III. DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-1481 CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the Praecipe to Vacate Mortgage Foreclosure Judgment on ~ to all parties named herein at their last known address or upon their attorney of record as below listed by regular mail, postage prepaid: Robert O. Deibler, III. 2222 Douglas Drive Carlisle, PA 17013 Robert O. Deibler, III. 611 Willow Street Chambersburg, PA 17202 SHAPIRO & DeNARDO, LLC BY: .._--- L e squire Attorney for Plaintiff