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HomeMy WebLinkAbout10-2928T-2 I 2C 10 ??j -C h °,1C: 49 ,a - J Y McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 ?`RC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 U.S. Bank National Association, as Trustee for Structured Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2005-RMS I 10790 Rancho Bernardo Road San Diego, California 92127 V. David H. Handshew 32 E. Main Street Newville, Pennsylvania 17241 Margaret L. Handshew 32 E. Main Street Newville, Pennsylvania 17241 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 10 -d9ag Cw-aTx" CIVIL ACTION/MORTGAGE FORECLOSURE O *Q(2.OO PA AT)`Y Cl? !0µa35 12# ay N?8 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 CIVIL ACTIONIMORTGAGE FORECLOSURE Plaintiff is U:S. Bank National Association, as Trustee for Structured Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2005-RMS1, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is David H. Handshew, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 32 E. Main Street, Newville, Pennsylvania 17241. 3. The Defendant is Margaret L. Handshew, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 32 E. Main Street, Newville, Pennsylvania 17241. 4. On October 11, 2004, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc. as nominee for EquiFirst Corporation which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1884, Page 3512. 5. The aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration Systems, Inc. as nominee for EquiFirst Corporation to U.S. Bank National Association, as Trustee for Structured Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2005-RMSI, by Assignment of Mortgage, which will be duly recorded in the Office of the Recorder of Cumberland County. 6. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 32 E Main Street, Newville, Pennsylvania 17241. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due January 20, 2010 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such'payments` for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following amounts are due on the mortgage: Principal Balance $ 106,028.53 Interest through April 28, 2010 $ 2,960.68 (Plus $22.66 per diem thereafter) Attorney's Fee $ 1,250.00 Late Charges $ 80.62 Corporate Advance $ 279.00 Escrow Advance $ 469.00 GRAND TOTAL $ 111,067.83 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands in rem Judgment against the Defendant in the sum of $111,067.83, together with interest at the rate of $22.66 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND CONWAY,P.C. BY:` ?()Vj"t?4 Attorneys for Plaintiff ' TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff, who is not available to sign this, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE McCABE, WEISBERG AND CONWAY C. BY: Attorneys for Plaintiff q'? ROBERT P- ZIECLt# RECORDER OF C X1 OCT 18 pn 12 10 Prepared By: Jeffrey Harris 500 rarest Point Circle, Charlotte, NC 28273 Exhibit A Return To: lgnifirst Corporation Attn: Collateral K 500 rarest Point Circle Charlotte, NC 28273 Parcel Number: 27-20-1756-014 [SPaoe Above 9Th Lae Far R-w tq Dtla] MORTGAGE MIN 100200100059858419 DEFINMONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is datedoatober 11, 2004 together with all Riders to this document. (B) "Borrower" is David H. and Margaret L. HandaMm Borrower is the mortgagor under this Security Instrument. (C) "MFRS" is Mortgage Eleotronk Registration SyMM. Inc. MERS is a separate corporation that is acting solely, al a nominee for Lender and Lender's successors; and assigns. MM is tie sawtR ee under this Security INatrtmssi t, MERS is orpaaind and existing under the laws of Delaware, and has an address and telephone number of P. 0. Box 2026, Flint MI 48501-2026, tel. (888) 679-MERS. $98584 PENNSYLVANIA - Single Family - Fannie Mao/Fre"Is Mae UNIFORM INSTRUMENT WITH MERE Form 3079 1/01 4ft-SAIPA) to7o:1 ?r6? t of It IMiN4: ,?y? , f VM? MORTGAGE FORMS • 18001621-7711 BK t 884PG35 12 (D)"Leader"is Equirirst Corporation Lender is a Corporation organized and existing under the laws of North Carolina Lender's address is 500 rorest Point Circle, Charlotte, NC 28273 (E) "Note" means the promissory note signed, by Borrower and dated October 11, 2004 The Note states that Borrower Owes lender ono hundred twelve thousand and 00/100 (U.S. $112,000.00 Dollars plus interest. Borrower has promised to pay this debt in regular Periodic Payments ad to pay the debt in full not later than October 20, 2034 M "Propety" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidemw by the Note, plus interest, any prepayment charges and late charges due under the. Note, and all sums due under this Security Instrument, plus interest. (ED "Riders" means. all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: Adjustable Rate Rider Condominium Rider Second Home Rider Balloon Rider Planned Unit Development Rider 14 Family Rider ???JJJ VA Rider Biweekly Payment Rider Other(s) [specify] ProPayssent Penalty Rider (1) "Appdcable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non Ie judicial opinions. () " ualty Association Dales, Fees, and Aasessnesi r" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or simile organization. (IQ "Electronic Funds Truster" mans any transfer of foods, other than a traction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of--sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Eacrav hems" means those items that am described in Section 3. (W by any third isce n"M Proceeds" means any compenabon, settlement, award of damages, or proceeds paid party (other than insurance procoods paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property: (ii) eondemnstion or other taking of all or any part of the Property: (iii) convoys= in liar of condemnation: of (iv) mis nnuentations of, or omissions as to, the value and/or condition of the Property. the Loange Iaausana" means insurance protecting Lender against the nonpayment of, or default on, ? (O) "Periodic Payment" means the re;ularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. 598584 at-eAMA) joiorr page 2 of Is M"aa: w,i J,W Form 8098 1101 BK 1884PG3513 (P) "RESPA" mean the Rea[ Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its Unplamenti* regulation, Regulation X( C.F.R. Part 3300), as they might be amended.frnm time to tune, or any additional or suaxasor lesmslstiem of reguhdiem that ii'a= the same subject matter. As used in this Security Instrument, 'RESPA' refers to all requiremms and restrictions that are hnposed in regard o a under y re ated mortgage loan" even if the Loam does not qualify as a "ibderally related mom t loan . (Q) "Sweemew Im Ism ot Bamwe r" mesa air party that has Wm title to the Property, whether or not that party has assumed Borrower's obligation under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security GmrUm= secures to lender: ()) the repayment of the Loan, and all renewals, extensions and modifustions of the Note; and (ii) the performance of Borrower's covenants and agmementa under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MFRS (solely a nominee for Lender and L.ender's successors and asdgns) and to the successors and assigns of MFRS, the following described property located in the Cotnty [type of Recording rurisdiabol of Ct sborland [Name of Recording rurhdicabol: See Attached Exhibit A which currently has the address of 32 Seat Main street Novville [streal ("Property Address"): (CRY), Pennsylvania 17241 [Zip Coda] TOGETHER WITH all the improvea?ents now or hereafter erected on the property, and all and fixtures now or hereafter a part of the stn All additions also by this Security lastrumeat. All of the fared is ref rvucmwn and in &b Sexur)ty ewrtmslatM ant as the 'PropatY•' Borrower understands and apace that FMS holds Duly lespl tide to the iMaesta by Borrower in this Secnrit?y Iue4re?eut, but, if atxaatuy to e?ly with Inv or canton, MERS q arnar ninee for Lender and L.eadetr a n and aattssrrggaass) hu the rim to exercise any or all of those interests, i? j, but not limited to, the right to foreciae and sell t>re Property and to action required of l.enda et inchxling, but not limited to, releasing and canceling this Security 599504 qk-$AiPA) 102021 faaor? ?Ne 3 of I$ ? Form 9090 7101 BK 1884PG3514 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Pttynent of Pdadpal, Interest, Escrow heaes, Ihepaymo Chews, and Late Charge. Borrower dull pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pumuant to Section 3. Payments due under the Note and this Security Irutrumeat shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Irta<roment is returned to Lender unpaid, Leader may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cub: (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Leader when received at the location designated in the Note or at such other location as may be designated by Leader in aocordaax with the notice provisions in section 15. Lender may return any payment or partial payment if the payment or partial payments are imuircient to bring the Loan current. Lender may accept any payment or partial payment mm ficieat to bring the Losa current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Leader may hold such wtapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Leader shall either apply such funds or return them to Borrower. If not applied earlier, such finds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Leader shall relieve Borrower from making payments date under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. AppBeadim of Payments or Froceeds. Except as otherwise described in this Section 2, all Payments accepted and applied by Lender dull be applied in the following order of priority: (a) interest due under the. Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic payment in the order in which it became due. Any remaining amounts shall be applieli.st to 1ue;chprge;<, end to any other amounts due under this Security lmlrument, and then to reduce the p ' ' ipal, belaace of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding Leader may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment 598584 °ip'4o16 Form 3039 1101 BK 1'884PG35 15 can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any We charge due. Voluntary prepayments shall be applied fast to my prepayment charges and then as described in the Note. Any application of payments. Insurance proceeds, or Miscellaneous Proceeds to principal due under the Nate shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. PWds for Hocrow Item. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a nun (the "Funds'to provide for payment of amounts due for; (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground reeta on the Property, if any: (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items.' At origination or at any time during the term of the Loan, bender may require that Community Association Dues, Fes, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly fumiab to Leader all notion of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items nab= Luoder waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall lay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by I.ender and, if Lender requires, shall furnish to Leader receipts evidencing such payment within such time period as Lender may require. Borrower's obtigs<ion to mob such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, a the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Leader may exercise its rights under Section 9 and pay such mount and Borrower shall then be obligated under Section 9 to repay to Leader any such amount. Lender may revoke the waiver a to my or all Escrow Items at any time by a notice given in accordsoco with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, end in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to mead the maximum amount a leader can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender a an institution whose deposits an so insured) or in any Federal Home Lon Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Leader to make such a charge. Unless an agreement fs made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest 598584 WOMPA) (020:) NnUM: y? v.o, a of If Form 9039 7101 BK 1884PG3516 shall be paid on,,thefunds. _Lender,shall give to Borrower, without charge, an annual accounting of the Funds as required by,RESPA.; If there is a surplus of. funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess finds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower n required by RESPA, and Borrower shall pay to Lender the amount necessary to mare up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds bold in escrow, ae defined under RESPA, Lender shall notify Borrower u required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in nocordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Leader. 4. CbasBrsu; UJesu. Borrower shall pay all taxes, aaaosaments, char^ fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasebold payments or Found rents on the Property, if any, and Community Amnistion Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items. Borrower shall pay them in the mama provided is Socha 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a mamer acceptable to Lender. but only so long as Borrower is performing such agreement; (b) cots the lion in good faith by, or defends against enforcement of the lien in, !egad proceedings which in Leader's opinion operate to prevent the enforcement of the lien while those proceedings ate pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to lender subordinating the lien to this Security Instrument. If (.ender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may rewire Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Leader in connection with this Loan. 5. Property hsaamsue- Borrower shall keep the improvements now existing or hereafter erected on the arty insured againt,lasa by fire, hazards included within the term 'extended oovenmge," and any other hazards incho ng,,,but not limited to, euthgoakn and floods, for which (.ender requires inmrance, 7 his insuratice 94 bg ri1>lugtained in the amounts (including deductible levels) and for the periods that Lander requi#et:'bV)!at r requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Corder may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a ono-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. 599594 4ft-aAtPA)0202) Page eat if Form 3039 tfot B141884PG3517 If Borrower fails to maintain any of the coverages described above. Lender may obtain insurranix coverage, at Lender's Option and Borrower's expense. Lender is under no obligation to purchase any Particular type or amount of coverage. Therefore, such coverage shag cover Lendsr, but might or might not protect Borrower, Borrower's equity in the Property. or the contents of the property, against any risk, heard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cat of the insurance coverage so obtained might signiRantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Inatrinnant. These amounts dull bear interest at the Note rue from the date of disbursement and shall be payable, with such interest, upon n Cram otice Leader to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or " an t)"donsl loss payee. Leader shall have the right to hold the policies and renewal certificates, If L i ndei tegoires, Borrower dull promptly give to Lander all receipts of paid premiums sad renewal notices. It Borrower obtains any form of insurance coverage, not otberwise requited by bender. for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Loader. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise ague in writing, any insurance proceeds, whether or not the underlying insurance was required by Linder, shall be applied to restoration or repair of the Property, if the restoration or repair is ecooomWy feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Leader has bad an opportunity to inspect such property to ensure the work has been completed to Lender's astithetion, provided that such inspection shall be undertaken promptly. Leader may disburse p for the repair and restoration in a single payment or in a series of plot" Payments as the work is completed. Unless an agreement is nude in writing or Applicable Law requirex interest to be paid on such insurance proceeds, Lender " not be required to pay Borrower any interest or earnings on ouch F OOD011s. Fees for public adjusters, or other third patties, retained by Borrower shall not be paid out of the insurauce proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Loader's security would be lessened, the insurance Proceeds shall be applied to the sumo secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance Proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier bas offered to settle a claim, than Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acgnira the Section 22 or otherwise, Borrower hereby under Y asalgns to I.erder (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument and (b) any other of Borrower's rights (other than the right to any refund of unsaraed premiums paid by Borrower) under all manna= policies covering the Property. insofar as such rights are applicable to the coverage of the Property. I:q*W may use the insurance Proceeds either to to pay anroupts' repair or nature the Property or uWiq;,ugdet; the Note or this Security Instrument, whether or not than due. 598584,<< InMBrN WOMPA) 0202) Popp 7.f , e Form 3039 mi BK 1884PG35 18 U _ ';>' 6. Occupancy. Borrower aball occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least me year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Pracrvxdm4 Maintenance and PhMxdoa of the Property; Lapedlos s. Borrower shall not destroy. damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintsin the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or ramrstion is not economically fes ibie, Borrower skull ply repair the Property if damaged to avoid further deterioration or damage. If ins uaace or condemnation proceeds are paid In connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender bas released proceeds for sueh purposes. Leader may disburse proceeds for the repain and restoration in a single psymaat or in a aeries of progress payments as the work is completed. If the insurance or condemnation proceeds are not mfircient to repair or restore the Property. Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Fender or its agent may make reasonable entries upon and inapecdons of the property. If it has reasonable cause, leader may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection apedfying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or 'my persons or entities acting at the direction of Borrower or with Borrower's knowledge or'consent gave'riveriallY`Salae, misleading, or inaccurate information or statements to Lender (or failed to prrovide: Lander with material information) in connection with the Loam. Material representatimin include; but-ire not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Leader's Interest In the Property and Rights Under tides Security Inswainent (a) Borrower fails to perform the cavenaata and . If is a agreements contained is this Security ity Instrument, (b) there legal pig that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for eondemostion or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or mussing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but am not limited to: (a) paying any sums secured by a lien which has priority over this Security Inettumsot; (b) appearing in cant; and (c) paying reasonable attorneys' few to protect its interest in the Property and/or rights under this Security Instrument, including its sectored position in a bankruptcy proceeding. Secatring the property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows. drain water from Pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take acbm under this Section 9, Leader does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. 590584 /J/?Tl 41k-SA(PA) wror? Mm.4"?^-? , Poll a e1 ie `n„ A/ Fein 9038 1101 8K ! 884PG35 19 Any amounts disbursed by Loader under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. Lmider agrees to the, acquires foe title to the property, the leasehold and the fee title hall not map unless agerger in writing. 18. A*400, 1160tfsce. if Ltmder required Mortgage Insurance as a condition of making the Loan, Borrower ehdl pay tie premiums requited to maintain the Mors a 1n8mMce the Mortgage lnsarathce coverage required by e1 otases to be available In effect. If, for any reason, from the moripp it== that previously Provided such insurance and Borrower was required to malm separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the pmahmis required to obtain coverage substantially equivalent to the Mortgage Insurance previously in affect, at a cast substantially equivalent to the cost to Borrower of the Mortgage hsanrsnoe previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to lender the amount of the separately designated Payments that were due when the insurance ooverage ceased to be in effect. Leader will accept, use and retain time payments non-refl ndable loss rive in lieu of Mortgage lasasncoI Such loss reserve shall be notwithstanding the fact fiat tie Lao is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such leas reserve. Leader can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that leader provided by an insurer selected by Lender spin becomes available, is obtained, and Leader requires) requires separately designated payments toward the premiums for Mortgage Insurance. If Leader required Mortgage Insurance as a condition of making the Low and Borrower was desigganted payments toward the premiums for Mortgage Insurance, Borrower pay the preYrequired to mairaain Mortgaga Insurance in effect, or to provide a ton-reftmdable lost reserve, until Leader's requirement fr Mortgage Insurance ends in accordance with my wtiuen aveemaent between Borrower and Lender providing for such termination or until termimtion is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain lopes it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force fiom time to time, and may enter into agreements with other parties that share or modify their risk, or reduce loan. These agreements are on terms and conditions that are sadActory to the mortgage insurer and the other party (or parties) to thew funds. These agreements may require the marWV insurer to maim payments using say source mortgage ' insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of rise agrbements, Lender. any purchaser of the Note, soother insurer, any minsurer, any offer entity,: or arty q!(uiiate of say of the foregoing, may receive (tiitectly or indirectly) amounts that derive from (orjBi4Pber as) a pardon of Btumwer's payments for Mortgage Insurance, in e for der mailifY?E mortgage i '+ risk, or reducing losses. If such agreement provides tiaty of bender takes a siaare of cis iasoror'a risk in entc6aage for a share of the Premiums paid to the insurer, the arrwgomwt ie ofbea termed "ts?tive reinsurance." Purther: (s) Aa?y at?h agresrmta wW ass affect are aa11e11afs fhlK Derdvwar has agreed to pay for M d?tpWe llaamnofe, or ny orbs taads of are I.ou. Btsti apaenesb will sot isenese are aswaot Mortgage Ianrranoe, sad they will rot tmtltk Borrower to any rdland. 598584 4ft-GA(PAI (0202) P.O.e.r,e Form 3038 1101 BK 1864PG3520 bfwtPP (b) Any such agremaeb will not OMW the rights Borrower her - If say - with rasped to the racy bdu& Ls moos rodw the Homeowners Protectba Apt of 1191 or say otiaw tem. There rt8hb right to rood?e certain dlreonow, to request send obtala aooelledoo of the Mwtpp Iwmrance, to have the Mwtpp Iwmemoe termisated auNmoda ty, SoNer to receive a Morip p Iawramee Puniness that were unearned at the time of such caneelatba or refund of sity twmbwdm. X11. luAsdpmmt of Mircdlameous pr,ooeals; 1[bridtam All Miscellanmus Proceeds are hereby and shall be paid to Lender. If the property is damaged, such Miscellanwo Proceeds shall be applied to restoration or repair of the Property. if the restoration or repair is economically feesrbls and Leader's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous proceeds until Lender has had an opportunity to inspect such Property to man the work has been completed to Lender's satisfaction, provided that much inspection shall be undertaken promptly. Lander may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair a not economically feasible or Lender's security would be lessened, the Miscellaneous proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or Dot then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or low in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or low in value, unless Borrower and Lender otherwise agree in writing, the summa secured by this Security Instrument .shall be reduced by the amount of the Miscellaneous Proceeds multiplied by. thhe following fraction: (a) the total amount of the arms sauced immediately before the partial taking, detraction o; tae in value divided by (b) the fair mat>oet value of die property immediately lnefo?e the' purist hating, desalxtion, or low in value. Awry balance atiall be paid to Borrower. In the evuaot of a paidial tasting, destruction, or loss in value of the Property to which the fair market value of the Property immetiiatelY before the partW taking, duutreution, or lea in value is low than the amount of the aurms secured mmmediately before the partial tatimg, destrnctian, or loss in value, unless Borrower and Lender otherwise agree lu writing, tlb Miscellaneous Proceeds shall be applied to the sums secured by this Security Instmment whether or trot the sums are they due. If tub Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) often to make an award to settle a claim for damages, Borrower fails to respond to Linder within 30 days after the date the notice is given, Lender la authorized to collect and apply the Miscellaneous Prooeeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing panty' means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be 898384 InpYNjjSGe_r? W SARA) aozou Pap 10 N 1e Form 3099 1101 r %!r ___ ._Eg j 884PG352 diamiased with a ruling that, in Leader's judgement, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or 4W under this Security lnsuument. The any award or claim for damages that are attributable to the impairment of Lender's interest in to property are hereby aafigned and shall be paid to lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the?order provided. for in Section 2. 12. Iforpawsr Nat:Idtnaed, Flarbesersisace By l•tnder Not a Wes. Extenaiom of the time for payment or moos ofamottix?tion of the sums segued by this Security Iuatrument granted by Lender to Bormwer;or ani,ti ongeor.in Interest of Borrower shall rat operate to r em the liability of Borrower or any Succom in Interest of Borrower. Lender sbW not be required to commeace proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or odwwm modify amonizatiom of the soma secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Leader in exercising any right or remedy including, without limitation lender's soceptaoce of payments from third persons, entities or Successors in Interest of Borrower or in =cum Ian than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint said Several Lhnbi , Co mess; Sweem n and Assigns Bond. Borrower covenants and egress that Borrower's obligations and lliiaa?6Uity shall be joint and several. However, my Borrower who co-sips this Security Instrument but does riot execute the Note (a 'co-signer"): (a) is co-signing this terms of InsWiment only to moo t? ugh and convey the co-signer's interest in the property under the terms of this Security ln y obligated to pay the suns secured by this Security make any Instrument; (c agrees w with Leader and any other Borrower can agree to extend, modify, forbear or co-signer's consent. Bard to the terms of this Security Instrument or the Note without the Borrower's bto the provisions of Section 18. any Successor in Interest of Borrower who assumes all of Borrower's obligations under this Security Instrument in writing, and is approved by bender, shag obtain rights and benefits under this Security Instrinuent. Borrower stall not be released from Borrower's obligations and liability under this Security instrument unless Leader sprees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and beselit the successors and assigns of Lender. 14. Lena Cbegs. Lander may charge Borrower fees for services parformed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, In regard to any other fees, the absence of express authority in this Security property ineIiection and valuation few. Instrument achuge specific fee to Borrower shall not be construed a: a pmtdbition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which no maximum loan charges, and that law is finally interpreted so that the interest or other lose; charges,collected or to be collected in connection with the loan exceed the permitted limits„ theq . (a) 'a",, sod Joan charge shall be reduced by the amount necessary to reduce the charge to trip pvtoo* ad+2imit- md?(b) any sums already collected from Borrower which exceeded permitted limits will >at ?.to' 8Ocanor.:.Leoder may choose to make this refund by reducing the principal owed under ibe ;1tlote or byt:paldng a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a dp?Yment charge is provided for under the Note). Borrower's soceirtamoe of any such refund made by of sax h yment to Borrower will constitute a waiver of any right of action Borrower might have arising out 15. NMios. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to 598594 aAtPA) (am) ?q. I t of to m f J,f Form 908 7101 #2 r 3v _RK 1884PG3522 have been given to Borrower when trailed by first class mail or when actually delivered to Borrower's notice address if am by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Leader. Borrower dell promptly notify Leader of Borrower's change of address. If Leader specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice addreas under this Security Instrument at any one time. Any notice to Lender stall be given by delivering it or by mailing it by first class mall to Leader's address stated herein unless Leader has desgnsoed another address by notice to Borrows. Any notice in wmectiea with this Security Instrument ahsH not be deemed to have been given to Leader until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable` Ll?tApplicable Law requirement will satisfy the corresponding requirement under this security 16. Governing L.aw; Sevawblifty; Rddw of Caostrnstioo. This Security Instrument shall be governed by federal law and the law of the jurisdigioa in which the Property is located. AD rion and obligations contained in this Seauity Instnment are to any requ»rementa and limitations of Applicable law. Applicable Lw might ettplicidy err implicitly allow the parties to agree by contract or it might be silent, but ouch silence call not be censtrued ss a prohibition against agreement by contract. In the even that. #ay provision .or clause of thin Security ingrt>ment or the Note conflicts with Applicable Lsw, reach oonfilct shall not.pftoct other provisions of this Security Instrument or the Note which can be given effec?witheut?Jltb;GOnlljCtiag:pmvision. As ttsedtff.thia 5eculitya Irutrrmaent: (a) words of the masculine gender shall man and include corresponding nusutter wordtk or words of the feminine gender; (b) words in the singular shall mat and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Bm wer's Copy. Borrower d1aH be given one copy of the Note and of this Security Instrument. 1g. Treader of the Property or a Buse f sal IVY to Borrower. As used in this Section 18, "Interest in the Property" marts any legal or beneficial interval in the Property, including, but not limited to, those beneficial interests trsaaferted in a bond for dad, contract for deed, installmsot Was contract or escrow agreement, the intent of which is the transfer of tick by Borrower at a future due to a purchaser. If all or any part of the Property or any Interes t in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transfelrad) without Leader's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option stall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Leader shall give Borrower notice of accelmation. The notice shall provide a period of not lea than 30 days from the date the notice is given in accordance with Section 15 wi thin which Borrower moat pay all sttms secured by this Sxvrity Inatrlmtent. If Borrower Wh to pay expiration these alttra prior to the of this period, Lender may invoke any remedies permitted by this Security Instrument wthout further notice or demand en Borrower. 19. Borrvwer'siRigit to Rdourfate Attar AeoalaatNa. If Borrower marts certain conditions, Borrower shall have the right to bare enforcement of this Security Instrument discontinued at say time prior to the eadiest of. (a) five days before sale of the Property puttauam to any power of sale contained in this Security lnstrameat; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (e) entry of a judgment enforcing this Security Instrameot. 73ose conditions are that Borrower: (a) pays Lender all amts which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of my other covenants or 598584 4ft-SAIPA) (0tor) IM9619A -01 0.1. 12 N 10 Form 30311 1/01 Pit 1884PG3523 ;.(e) PaY9 nT[ ai r mcurred in enforcing this Security Instrument, including, but not limited to, of reasonable act iog La' foes, PUqXW Prvperh' inspection and valuation fees, and other fees incurred for the aMer's interest in tare Property and rights under this Security hIMUMn : and (d) takes al action ? 1COdEI may reasonably require to ware that Lender's interest in the Property and rights unnd der this Security lnstrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall cominoe unchanged. Lender may require that Borrower pay such minstatsment sums and expenses in one or more of the following forms, as nbcmd by Lander: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check. Provided any such check is drawn upon an institution whose deposits are insured by a federal agency, inummautdity or entity. or (d) Blectrook Ponds Trader. Upon roimgtmsent by Borrower, this security Instrument and obligations secured hereby shall remain fully effective as if no acceleration bad occurred. However, this nlbt to reinstate shall not apply in the case of acceleration under Section 18. 20. Sane of Note; Change of Law Servleer; Notice of Grlevance. The Note or a the Now (together with this P interest in Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known u the 'I.oan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument. and Applicable Law. There also might be one or more changes of the Loan SKYWor unrelated to a safe of the Note. If there is a change of the Loan SWIM, Borrower will be given written notice of the chwge which will state the now and address of the new Goan Swam, the address to which payments should be made and any other information ItESPA requires in connection with a mice of transfer of servicing. If the Note is sold and theroaihr the Loan is serviced by a Lan Servicer other than the purctwer of the NOW, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicsr or be transferred to a success or Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note porchwa. Neither Borrower nor Leader may commence, join. or be joined to any judicial action (as either an individual litigant or the member of a class) that arise from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached my provision of, or any duty owed by =am of, this Security Instrument, until such Borrower or Lender bas notified the other party (with such notice given in compliance with the nquirements of Section 15) of such alleged breach and afforded the other Party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable.Law:;provides a tune pgriod which must elapse before certain action can be taken, that time Period will be deemed .ton be reasomble for purposes of this paragraph. The notice of acceleration and opportunityb cgr0; give e? rrgwer pursuant to Section 22 and the notice of acceleration given to Borrower Pursuant to Section-18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this section 20. 21, Hazardous Ste, As used in this Section 21: (a) 'Hazardous Subamm* are those substanoes defined as toxic or hazardous substances. Pollutants. or wastes by Bnvironmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law' means federal laws mod laws of the jurisdiction when the property is located that relate to health, safety or environmental protection; (c) "Environmenlal Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an 'Bavironmental condition' means a condition that can cause, contribute to, or otherwise trigger an Environmental cleanup. 598584 WSAMAI (0202) P.O. 13 of Is In41.4? / / Fora 3038 1101 .... -BK 1884PG3524 Borrower shall not cause or permit the pretence, use, disposal. or release of any Hazardous Substances, or threaten to release any Hazardous Subsixom, on or in v Borrower doll not do, nor allow anyooe else to do, anything the Property (a) that id is of any Environmental Law, (b) which crater as Bnviroomentall C oo, of (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely dit* die value of the To two tbnteaas shall not apply to the presence. use, or storage on the amW o Haatdo s Substances that a eusing,y recopized to be appropriste to normal mddmdal uses and to mainten Borrower ance of the property (i but not 1®ited to, hazardous substances in consumer products), other shall promptly give Lender written notice of (a) sny investipmn, claim, dsmsod, lawauit or action by any governmeobl or regulatory agmuc? or private party revolving the Property and any Hawdous Substance or EmmumaW Law of which Borrower hoe adtal Environmental Condition, #wluding but not limited to, any spilling, inking, disc.harge?at?of release of Hazardous Sibstanoe, and (e) any caused by Hazardous w hich adv 7' presence. use or release of a artily atl'ects the Yahoo of the Property. If Borrower learns, or is notified ' mY 6t're0;i1toq authority, or any private party, that any removal or other remediadw any 14 Sobstanct ai wd* the Property is necessary, Borrower shall pion'" talcs all necessary rtanalial actions in accordance with Environmental Law. Nothing herein eball create any obligation on Lender for an Environmental Clamp NONUNIFORM COVENANTS. Borrower and Lander further covenant and agme as follows: 22. Aoo lersdoa; RonasSm, l.sodar shall stye aotioe to Bestown ppr?1oa?r o somisradw following Borrower's I A of any coveraat or asseeeast in thk s emajty al ibammt (tat act prkr to acceleration aader section n lmkm Law podds athewlea). Leader dmffl Borrower of, among other thtop: a tbe?(b) t4 aai{sa o acre tie ds? (c) ww?rm the delimit most be cured, tad (d) that blre to cuss the!t raw 1. I acceleration of the some seared by this seaelty houvwttk, favedmore by ?j P rile or thseiPropssiy. I,atkr sYsB fwdwr idbrm 1140'rrowe• of tMdrs??yseteo Masiete maw eeod ii" and the to immsert In the 0 1' 1 defense of Borrower to accebmthas and tb v%@mo gibe dois dolt is act -an o Lander at its option am require lemed4te In ran of an seas aseaeed by this sewnrlty without fnseher demand tad may Morwaso this Sammy hw&us¦at by ism" proosaihw Lander dM be andded to called an ecpemse i'cassuel In Parming the remedies proyIn this S dim 22, h1cledlns, o not Limned to, aatoraeys fees and comb of tole eddsom to the ateet pwanoed by 23. Rdow. Upon payment of all sums secured by this Security Instrument, this Security instrument and the estate conveyed shall terminate and become void. After such oaurreaa, Lander shall discharge and satisfy this Security Instrument. Borrower "pay any recordation coats. Lander nay charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charting of the fee is permiaW tinder Applicable Law. 34. Waives. Borrower, to the extent per tied by Applicable Law, waives and releases any error or defects in proceedings to enforce this Seaur yit ndrument, and hereby waives the benefit of my present or future laws providing for stay of exechdon, extension of time. exenhption from attachment, levy and sale, and homestead exemption. 25. Raiaatate Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a abaWs sale or other sale pursuant to thin Security Instrument. 24. Pumhme Money Mortpge, If any of the debt secures this security instrument is lent to Borrower to acquire title to the. Property. this Security InanUment ahali be a purchase money mortgage. 27 IataeVrt Rate Aftef I Borrower agrees that the uderest rate payable after a?d a entered on the,, ,Nott o7`ia an on,of mortgage foreclosure shall be the rate payable from time?trme under the l?ic2' ` s 598584 ? -eA1FA? roaosa rye 14 of it mnrr ,,,,? S,/ Form 3039 1101 r :884P 35 2='? BY SIGNING BELOW, Borrower accepts and agrees to the terms and coveaunts conWned in this Security Instrument and in any Rider executed by Borrower sad recorded with it. Witnesses: 022..4i? (Seal) David H. Bazzdahenr -Borrower . C11, (SW) -Borrower (Seal) -Borrower 598581 4ft3A(PA) mozf (Seal) -Borrower '9';V2:L4oa "' -,- p (Seal) "--=It L. ft fth.. -Borrower ree. I$ of le _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower Form 1039 1/01 BK ! 884PG3526 Certificate of Raddetice I, ( 1'(1Q3rt?. a&_ . do hereby certify that the correct address of the within-namedI.ider_is 500 Forest Point Circle, Charlotte NC 26273 -- Witness my`hand this filth day of October, 2004 motA9111t SEAL ANNA men v&CE Nomyhm kVCmWn 0^20m Aaeat of Leader COMMONWEALTH OF PENNSYLVANIA, a a,, Comty 119: On this, the 1 V / day of ©C , before me, the undersigned officer, personally appeared David U. HandshoW i Margaret L. eandshow hewn to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and aclmowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHBREOF, I hereunto set my hand and official seal. My commission Expires: j 900 8 Ai??ilw?tr?, ltataRV t+oFo .. _ _ Mr Just 3L 1?1 Tub of ofnmr 596364 4lk4A(PA) (oxon w?nur Poo• 10 or 16 r.Y1 L Form 3039 1101 6K 1884PG3521 a • Stewart Title LEGAL DESCRIPTION Legal description of the land: ALL that certain house and lot of ground, situate in the North Ward of the Borough of Newville, County of Cumberland and State of Pennsylvania, being part of Lot No. 11, In the general path Of said Borough, bounded as follows: ON the North by East Main Street; on the East by Corporation Street; on the South by Church Alley; and on the West by other part of said Lot No. 11 now or formerly of Frank S. Over Estate, containing thirty feet, more or less, In front and one hundred eighty feet In depth, more or less. BEING Parcel No. 27-20-1756-014 EXCEPTING AND RESERVING the Southern portion of the above-described tract of land previously conveyed by Lloyd F. Woods and Dorothy S. Woods, his wife, to Newville Borough School District,'by Deed dated August 31, 1948 and recorded in Cumberland County Deed Book Y, Volume 13, at Page 306, more fully bounded and described as follows: ON the South by Church Alley; on the West by property now or formerly of Frank Over heirs; on the North by Grantors; of which the tract herein conveyed was formerly a part; on the East by Corporation Street. Having a frontage on Church Alley of sixty-six feet, more or less, Improved with a two story frame building. L"W Descri"on (2004106&2.PFDr20041o88?!1) BK f 884PG3528 Prepayment Penalty Rider to Security Instrument (To Be Recorded Together with Security Instrument) This PREPAYMENT PIN ALTY RIDER (the "Rider") is made this 11th day of October, 2004 and amends the Mortgage, Deed of Dist or Security Deed (the "Security Instrument") dated the sane date and given by the person(s) who sign below (the "Borrower(s),") to EquiFirst'Corporation (the "Lender") to secure repayment of a Note in the amount of 1 s. $ 112,000.00 In addition to the agreements and provisions made in the Note and the Security Instrument, both the Borrower(s) and the Lender further agree as follows PREPAYMENT PENALTY If I prepay this loan in full within 3 y s) from the data of this loan, I agree to pay aprepaym t penalty in an amount equal to 6.00% of the balance of the loan outstanding on the date of p mpaymmt. This enaraount, known as s Prepayment penalty, will be in addition to an other amounts I may owe under the provisions of the Note or the Security Instrument that secures the Note. If I make a prepayment in full on or after the 3rd anniversary date of the Note, Note Holder will impose no prepayment penalty. David H. Handshew M . Handshew 598584 EF032 (05/02) I Certify this to be recorded In Cumberland County PA BK 1884PG3529 McCABE, WEISBERG & CONWAY, P.C. BY: Marc S. Weisberg, ESQUIRE Attorney for Plaintiff Identification Number 17616 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 U.S. Bank National Association, as Trustee for Structured Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2005-RMS 1 v. David H. Handshew and Margaret L. Handshew ~.~~ ; ~ TNT PFt~~~~'~~TARY' 10 SEP - I PM 2~ 2 7 P~ENSYLVAf~A ~ Cumberland County Court of Common Pleas Number 10-2928 Civil Term PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Plaintiff, U.S. Bank National Association, as Trustee for Structured Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2005-RMS 1, by and through its attorney, Marc S. Weisberg, Esquire, now moves this Honorable Court for summary judgment against defendants and alleges as follows: Plaintiff, U.S. Bank National Association, as Trustee for Structured Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2005-RMS 1, is a corporation duly organizedunder the laws of the United States of America with offices at 10790 Rancho Bernardo Road, San Diego, California 92127. 2. Defendants are the owners of real property known as and located at 32 East Main Street, Newville, Pennsylvania 17241 (hereinafter referred to as "the Properly"). Plaintiff holds a mortgage on the Property. 3. On or about October 11, 2004, defendants made, executed, and delivered a mortgage to plaintiff, or plaintiff s predecessor in interest, on the Property, which mortgage is recorded in the Office of the Recorder of Cumberland County at Book Number 1884, Page Number 3512 (the Mortgage). A copy of the Mortgage is attached hereto, made a part hereof and marked as Exhibit "A". 4. The Mortgage was subsequently assigned to plaintiff herein by Assignment of Mortgage. (See Exhibit "F") 5. The Property consists of all that certain real property and improvements in the County of Cumberland and Commonwealth of Pennsylvania, being more fully described in the mortgage attached hereto as Exhibit "A". 6. On or about May 3, 2010, plaintiff filed a mortgage foreclosure action against defendants. A copy of the Complaint is attached hereto, made a part hereof and marked as Exhibit "B". 7. Defendants filed an Answer to the Complaint. A true and correct copy of the Answer to the Complaint is attached hereto as Exhibit "C". 8. Plaintiff served Request for Admissions on Defendants, pro se, on or about May 26, 2010. A true and correct copy of the Request for Admissions is attached hereto as Exhibit "D". Defendants admit, by their failure to answer the Request for Admissions, the defaulted loan, and having been sent legal Act 6 and/or 91 letters. (See Exhibit "E"). In fact, defendants admit all pertinent allegations of plaintiff' s Complaint with regard to default, arrearage, and notice. 9. Defendants' Answer to Plaintiffs Complaint and their failure to adequately reply to the Request for Admissions admit that they are the record owners of the Property, that plaintiff has a mortgage on the Property, that the Mortgage is in default, and that an Act 6 Notice of Intent to Foreclose was sent as was an Act 91 Notice. (See Exhibits "C" "D" and "E".) 10. Accordingly, it is admitted that there is a balance due on the mortgage in the amount of $112,018.86, that the per diem interest is $22.66, that on or about March 22, 2010, plaintiff sent Act 6 and/or 91 letters to the defendants, and that those letters, in fact, complied with all statutory requirements. (See Exhibits "D" and "E") 11. The Complaint, and Affidavit of Whitney K. Cook, plaintiff s Assistant Secretary, attached hereto and incorporated into this Motion as Exhibit "F", sets forth the exact amount that defendants owe plaintiff, and defendants have not come forth with any supportable information to rebut this allegation. 12. The payment history and note evidencing the interest charged to the defendants are part of Exhibit "F", and are likewise unrebutted with any supportable information, as is the Assignment of Mortgage to plaintiff herein. 13. The attorney's fees and costs as requested by plaintiff in the Complaint are reasonable and are inconformity with Pennsylvania Law and will be collected in the event that sufficient funds are available from a third party purchaser at Sheriffs Sale. 14. All procedural local, state, and federal rules, regulations, and laws with respect to mortgage foreclosure have been complied with by plaintiff. 15. There are no genuine issues of material fact remaining, and plaintiff is entitled to summary judgment on its mortgage foreclosure action against defendants as a matter of law. WHEREFORE, plaintiff requests this Honorable Court grant summary judgment in mortgage foreclosure in favor of plaintiff and against defendants and enter judgment against defendants in the amount of $112,018.86, together with interest at a rate of $22.66 per diem, plus costs, from July 23, 2010. Respectfully submitted, McCABE, WEISBERG & CONWAY, P.C. BY: ~/`" Marc S. Weisberg, Esquire Attorney for Plaintiff McCABE, WEISBERG & CONWAY, P.C. BY: Marc S. Weisberg, ESQUIRE Attorney for Plaintiff Identification Number 17616 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 U.S. Bank National Association, as Trustee for Structured Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2005-RMS 1 Cumberland County Court of Common Pleas Number 10-2928 Civil Term v. David H. Handshew and Margaret L. Handshew MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR SUNIMARY JUDGMENT The purpose of the summary judgment procedure is to prevent vexation and delay, improve the machinery of justice, promote the expeditious disposition of cases and avoid unnecessary trials when there does not exist a genuine issue of material fact. Specifically, Rule 1035.2(1) of the Pennsylvania Rules of Civil Procedure provides, in pertinent part, that: After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment in whole or in part as a matter of law (1) whenever there is no issue of any material facts to a necessary element of the cause of action or defense which could be established by additional discovery or expert, or (2) if, after the completion of discovery relevant to the motion, including the production of expert reports, an adverse party who will bear the burden of proof at trial has failed to produce evidence of facts essential to the cause of action or defense which in a jury trial would require the issues to be submitted to the jury. Pa.R.C.P. 1035.2(1). See also, Williams v. Pilgrim Life Insurance Co., 306 Pa. Super. 170, 452 A.2d 269 (1983). The burden of demonstrating that there is no genuine issue of material fact rests on the moving party. Hower v. WhitmakAssoc., 371 Pa. Super. 443, 538 A.2d 524 (1988); Carollo v. 48lnsulation, Inc., 252 Pa. Super 422, 381 A.2d 990 (1977). Once such a showing is made, summary judgment is appropriate where the adverse party is unable to produce probative evidence to the contrary. To this end, the adverse party may not claim that the averments of their pleadings, alone, are sufficient to raise a genuine issue of fact so as to defeat the motion. The adverse party must set forth specific facts showing there is a genuine issue of fact for trial. See Phaff v. Gerner, 541 Pa. 146, 303 A.2d 826 (1973); Pape v. Smith, 277 Pa. 80, 323 A.2d 856 (1974); Amabile v. Auto Kleen Car Wash, 249 Pa. 240, 376 A.2d 247 (1977). Rule 1035.3 specifically provides, in pertinent part: (a) the adverse party may not rest upon the mere allegations or denials of the pleadings but must file a response within thirty days after service of the motion identifying (1) one or more issues of fact arising from evidence in the record controverting the evidence cited in support of the motion.... Pa.R.C.P. 1035.3 In the case at bar, the pleadings, exhibits, and Affidavit of plaintiff s Assistant Secretary, along with the unanswered Request for Admissions, establish conclusively that there are no genuine issues of material fact, and, thus, this case is ripe for summary judgment. Further, defendants' pleadings indicate that plaintiff is entitled to judgment as a matter of law. In their Answer and in failing to reply to the Request for Admissions, defendants admit directly or by indefinite denial, that: (1) they are the owners of the property located at 32 East Main Street, Newville, Pennsylvania 17241; (2) there is a mortgage on the property; (3) the mortgage is in default and; (4) Act 6 and/or 91 Notices were sent to defendants as required by applicable law. Defendants' Answer to Plaintiff s Complaint in Mortgage Foreclosure consists of admissions as well as indefinite denials or evasions which are not substantiated with corroborating evidence. Pennsylvania Rules of Civil Procedure, Rule 1029(b) states that, "[a]verments in a pleading to which a responsive pleading is required are admitted when not denied specifically or bynecessary implication." Pa.R.C.P.1029(b). Thus, unless the defendants wish an allegation to be regarded as admitted, the defendants must specifically deny each allegation of fact contained in a Complaint to which a responsive pleading is required. General denials or demands for proof have the effect of admissions. Any form of general denial or general demand for proof is an admission. See First Wisconsin Trust Co. v. Strausser, et. al., 653 A.2d 688 (Pa. Super. 1995) ("[T]his Court has held, however, that in mortgage foreclosure actions, general denials by mortgagors that they are without sufficient information to form a belief as to the truth of the averments as to the principal and interest owning must be considered an admission of fact") (citing, New York Guardian Mortgage Corp. v. Dietzel, 362 Pa. Super. 426, 429, 524 A.2d 951, 952 (1987)). See also S Standard Pennsylvania Practice 2d §26:41. It would appear then that "bare allegations of lack of knowledge" are also admissions. See Id. at §26:41. The Complaint, Answer, Affidavit of plaintiff s Assistant Secretary with attached payment history and Note evidencing the interest charged, and Request for Admissions clearly set forth the amount due and owing on the mortgage. The pleadings and relevant material are absent of any supported, documented dispute as to this figure. Additionally, the request for attorney's fees is reasonable under the circumstances and permitted by law as provided in the mortgage. SeeFedland Bank ofBaltimore v. Philip J. Fetner~410 A.2d 344 Pa. Super (1979). This disposes of any legal issue raised by defendants. Finally, the Complaint, Request for Admissions and Affidavit of plaintiffs Assistant Secretary clearly set forth that proper notices required by Act 6 of 1974 (41 P.S. §403) andlor the Emergency Mortgage Assistance Act of 1983 were forwarded to defendants. (See Exhibit "E") Indeed, defendants could not refute with any supportive documentation any ofplaintiff's allegations and admit in the various pleadings and discovery that: (1) they own theproperty; (2) there is a mortgage on the property; (3) the mortgage is in default; (4) they have not paid the mortgage; and (5) they were sent all statutorily required notices. Summary judgment based upon contractual liability is appropriate when the documents are undisputed and there is no question as to the contracting parties' intent. See, e.g., Paul Revere Protective Lifelns. Co. v. Weis, 535 F.Supp. 379 (E.D. Pa. 1981); Kane Gas Light &HeatingCo. v. Pennzoil Co., 587 F.Supp. 910 (W.D. Pa. 1984). Here, plaintiff initiated this action in mortgage foreclosure against defendants based upon defendants' mortgage obligation. As set forth herein, defendants do not dispute the existence of the mortgage documents and that they are a party to the mortgage. Furthermore, the pleadings, exhibits, and supporting affidavit of Assistant Secretary clearly indicate that payments have not been made since January 20, 2010. Plaintiff's attached Exhibits and Affidavit in support of this motion establish conclusively that defendants executed a mortgage and note to which plaintiff is the originator or the successor in interest; defendants defaulted on payments in the amount of indebtedness, and there are no genuine issues of material fact. Moreover, defendants have presented no evidence through affidavits or substantiating documentation to the contrary. As stated above, defendants may not rest their argument on the pleadings. Therefore, plaintiff is entitled to summary judgment as a matter of law. Defendants, likewise, may not merely deny the amount owed or state that defendants are without information sufficient to form a belief as to the truth of plaintiff's averment as to principal and interest due. Such a general denial is to be considered an admission of those facts. New York Guardian Mortgage Corp. v. Dietzel, 524 A.2d 951, 362 Pa.Super. 426, 429 (1987); See also PA.R.C.P. Rule 1029(b,c) and First Wisconsin Trust Company v. Strausser, 653 A.2d 688, 439 Pa.Super. 192 (1995). Lack of admission as to amount of indebtedness in the pleadings of a defendant will not prevent the entry of summary judgment. Landau v. Western•Pennsylvania National Bank, 282 A.2d 335, 445 Pa. 217, 225-6 (1971). Defendants raise no genuine issue of material fact when denying amounts owed by defendants to plaintiff. Case law.on this issue is exceedingly clear, holding that "[a]n action in mortgage foreclosure is strictly an in rem proceeding, and the purpose of a judgment in mortgage foreclosure is solely to effect a judicial sale of the mortgaged property. " New York Guardian Mortgage Corporation v. Dietzel, 362 Pa.Super_ 426, 431, 524 A.2d 951, 953 (Pa.Super 1986). More importantly, the Court held that "[a] judgment in a mortgage foreclosure action is not a judgment for money damages ...." Ibid. Consequently, any contentions made by the defendants regarding the amounts owed by defendants to plaintiff, are not an issue of material fact in this strictly in rem proceeding. For all of the reasons set forth herein, and in the accompanying Motion for Summary Judgment, plaintiff requests this Honorable Court enter summary judgment in its favor and against defendants. Respectfully submitted, McCABE, WEISBERG & CONWAY, P.C. '( l/" '~J v~ / Marc S. Weisberg, Esquire Attorney for Plaintiff i ~~ Exhibit "A" pfd ~ i~ R08ERT P. ZIECLE~ ~ ~ Re CORDER ~F r_cl~ - ~~ +~ ocr ~s pry iz ~o ` ~+'~ S3': ~ ileroar To: t~r.t t:ot~pesatia~a 1-tta: Cvllstaisal >t Jed`tsyy tiwrrie S00 loswt tteiOt Cisolo !<00 l+osrtet' Poipt Cisclel, Charlotte, NC 2177! Charlotbt,]ttR;~282?3~ Parcel Number; 77-70-1756-p1~ 1Be•re Abew 71ie rJee Ter tieoer3~q Delp MORTGAGE At1N 3007003000596SY~19 DBFINTIT~NS Woade aced in multiple eecxiaoe of this docameot ue defined below and other ~rorde are dented !n Sactiooe 3, 11, 13. 18, 20 and 21. Certain rhea rsjardie)g the u~q pj yrpr~ yq~ ~ ~ dolt ~ alto provided in Secdon 16. (~ "~' ]aertrOeeN" ta~a 16ta doomment, evLlch b datedOotob~s ii, 70oa , with aq Rides to tAia dorumeot. ~1 "~ae'rrwer" it Druid M . and 14irgasyt L. eaAdal+rr ia„aaVwi[ i ~ ;Iti~ YMi """"°7 lurfsumeot. (cl '7-~i18". b Merttap BMeareoic• Re~ieaatigo yTpgm. loc. Mmis L a aaparaee aorporadga that is ecWij aulatY'ti a' ieomioee..~ Lander and I.aadar'a aataxaaera and aeaiyu, Jt/irJlB le br rwf8rpes order Heir fib' Iertramee~t, MHitS b and ~ti nodar the laMr et' Drgw~ee, aad bat ar addnae aad telep6ooe number of P.O. Hos 2~, FNot irll 68301-2026, tel. (8tith 6T9-Mlt1tS. S9iSi1 -R`NNrYLYANIA • SIagN iamuv --~ MwlFredpe Mae UNIF011M 1MiTRYMrJeT WnrH MEra -we- a0ar trot aAt/A) p10r) ' ~,f/ hp 1 N to y~yy,~,,~~y/--V_ YM-"OtTM6E FOIIet•p100Nt1-7t~i Bli i 88bPG35 ! 2 .;`~~ .. (~} "l~e~eer~ ii 7quiTisat COSposatioa bender ~ a t:osposatioa orpmiaed aad tmdst the lnra of postb Gswliaa header's addrrat 3: SOO l+osost ibiat Cirolo, pitiaslotta, ac 2B2T, pa) "Note" n+eue the peamiswty ~ ~ by eonovrar and ~ted t)atab~s li , s00~ The Noce pates the HorroMer owes Lander o0o honds+ad tNl.ls taowaad aaa o011N0 HoUsrs . (U.S. S i1Z, 000.00 ) plw interest. 8arverer has peomited to pay mis debt m njnlar Periodic Paynrab and to pay the debt m loll na lsar dra ootobos zo, 2oJd (!) 'Proputy" saeana the property thet is described Mlow under me ~i 'Trsas(a of Riphls is tho Peepsrty.' (G7'7.oao" pram the debt erldenosd by the Note, Phu hrlaest, my ProPa7~ char~r ~ ~ due staler ma:Note, aad all,;simr.duenaier mis SeaNsy Imnlnmesd, Plus . (BD 'RttMrs">gpaot; ~Il Alilea ro tide Secoziey Ioawrmaat met are sxectMed by Btxrowar. 73e foUowia~ Riders ne to•be;dugatre~l liy':Bonvirer [cheek boz a applicable): ~] A~nstabie Rare alder ~ C.ondominium Rider Secard Name Rider [L]J Bdtoos Rider l+laaae+a Umt ue.e)oPmant R;asr ~ t-4 Aamuy alder VA Rider Biweedy Payment Rider Wrc(,s) (apeci[yj Dr~Ysyaant aaalljr Itidaur (q "Appltosbla 1Law" tnanr all ocetlroilmj app federal, state and local statutes. ordmttsoas sad adasirbwdre tnla and order (lbrt hero the eftea of lam rs well ao aU applicab~Ao~e1, ,~p~~N jnOloiel oPhdoas. p~j "(''~ Anodsiion Drn, Hes, arW Aawaseeeira" meeate all doe. tea. aassaeeeops and athec the ne htywwd w Bormtter a ~s Property by a ooadeaeh~m assoabtdoo, homeowners pgl~l~ c >lWAde 7y+etnNr" meam ~ry ~r of fmMs, other thm t~ tpmaagion aei~foeted by iost<ttmnt, oompater, a me~teW ttaappee to w~to~a+dec imuract.itRhotins a liasmeW io~on or tttedlt m seooont. sash tens hrehrdes, bot is sot limited tv. poioFOt-qle at~ts. smaaoaa0ed te8er nachitie tdmsecdons, transtbn mitWed by telephone, cadre traaetua, as-d aWomUed ctearbesbouae tr~srsfera. Q•) "Nsaivw liteaas" aspnt Owes itaaa that are described m Sedioon 3. (!Iq "M~e~ )"toesedss ntww say iaa. setthnoeat, award ofd~ , or paid by ~ find ley (other Wan instttaooe pcor~ under the oorera0aa daa~ed"m Seatlaa !~ for. () damge to, os desarsdion of, rho Property: ( aeodem~ or older takigp of aq ar aay pact of the Propaty; (~ oonrsyaop m lieu of : a (lr) adpapraemadom of or omission a to, the valve asblo~r cortdGlon o[ the Property. ~ "~Maslppe Ltsmrmoe" seam hraraooe psoteotioR [.ceder +ita~ ~ na~Y~ ~~ or de/ault am, N ., p ~ aq~amomu» cadet Seaan 3iof ~ Sea~irlty I ~ ~~ and iatarep tinder the s9gsea ~.•. .; „.., ~. w'anNr :"1 hp7Mlt ~ /0(Maeoa 1/Ol t ~1884PG3518 ~:; _....~G Q1 "ItiS~PA" atennt tle Rai Forte Settietitrnt Proadanr Atx (12 U.S.C. Sesxia X601 et eeq.) wd is hepi.menlhiS~n. RrSnWloia X C.F.R. Fart 3600), at they atlSlt be anmdld,lioa trot b ~°' ar a~ or eeaereur ~ a eeplltloa tort Soma the wme arl~jsot ^rner. As seed he thk Seoeelgr Le4tiaeaoq 'RBapJ~• tNrn W rll rYgoireetiterr tbd seeptiedeot thrt ere id ~~ ~~~ aoetSaSe laa• wren N Poo Loos doa ant srtdiQr as a 'lbdeelly~ ~ieaem~id 8ono~war~i ~ ~ per Wrt lw tatm thk eo qr Frapeiry~ wiet>,er ar o~irdoes ade~r tda Nob eed/aJ this Seo~uity 6renmat. TRAN9FBR t)F RK9H1'S IN THIS PROFi3RTY Ttr4 Sewritar Ioranasstu ascutae to Lender: (~ the npeyment o~ We Lan, and all rmewais~ eateesione aad modtAeatieur of the Noa; and (8) the paftmmooe of Forro+Mx'e oo+eade tad aSrastesa es,der This Seated Iearnmsnt and the Nob. Far dds peuRore, 8orra~rer does hmeby trortSrSe. Srant and oomry to MFRS Erolal sa nominee for Lender aiod Lender's e,sooasorr and auiSSe) and a ere atooesson and assdSaa a<MFRS, the Lofbwh>j deacr~ad psoperty laceteA bo the fb>mt:Y [ty'M or te.e.,ebi rwreint..7 Of les~atrland [tto..en..odt.r JaYdl.do.j: tqa llttyelssd 1CteAibie a, c whicb ~arramly hrr the addrep of 3x tease xain ettraat: xw.311a [~«U (,~Y Addtma~r ICMI, Pnmsytrade 17R~1 lztt ca.i TOCiBTABR WITH aU the i~vwmepMr now or hasaaRer entasd as dst propay, and ap ears®ata. .and ~turee aow a heretlpr a part of the .All :episaenroa and addidosr ~co-ered br tlda Seaeit7 1. AY of the 4 eei6ered p io this to~ u+J ~ R~al~~~ t~tawasds and apace tbet hplde eyi, >~ t~ ~° . ba, N asorrtsy to ~7 witb last ar asetom, MFRS sestina dot Lasatrr and Larder a snaxreoes nd~) he do to eaadrr I~r~ha~~b u eot~lhai"gd ~, telaahS ~ q~ ~y at+e~s M ~. .. BK 1884PG35 f 4 BORROWl~t t`AVLNAN7$16aq 8eete'wer hi hiwAdly aei+ed of the eataw hueby ooneyed aed hs ~ ~ MD aa0rtp~a. ~ sold ~ tm ~y sad Thal dta PtOpetly b trtescotabaead, Rloept fOr aOCa»prOCOe Oi teeead Borrower wararfa tab wW ddad ' fhb (1110 to the Pl'Opltly a~ all ciahrr and dstnatrla, ta>bJaCt oo atgr eacttmhsasca of record. THI$ .~ ~~~U~ OOatbht0a WYe~i lbl' enticoal tree sad aoa-tmiiotm 0 Mhh llatiwd Y~100/ by jrQiadiatoa to ootattkets r atdform aewtrHl lotttmoteot OdYeflp` real UNIIb~ COVFNAN'PS, BQrr0110r asd Ltmder covsttao< and spec Y follnwt: 1. l~ilytireet~K•At,aeJpMr ~'~ ]tarzw IIaOa1 ptrepiq~aaat ~ aead l~aNe Gaarjs. HOrtorre[ ehNt pay tvhart QaN the pthtdptd of, sad hteerert on, the dabs etidwoad by the Now amd tary p~w>~ ~ a~td htla t>bape dus aadtr the Nola. sotroera amdl .Lo payy llmdr for 8eem+r Yteat. pmaaamt W SacHoa 3. PaYmeula dos andet the Now and the Seaalty hteotamaat amp 6e anxle is U.S. cantsocr. Howevtq iia~r crook or other 3satl0aar reoaived by E.endlar ea payment urtkc Ibs Noce or this Seaerhy Itaumteat ie reatesad w Leader tmpdd, Lender troy nquira trot my or all wtbwgoatt Dt0'~y duo osder ~e Now and ~ 3aauiry ~etttmlml bs mede ht om a trop o[ the toNowittp twma. as aehtcted by Latdtr: (tt) ceah; (b) tttoaay soda; (c) certified check. bast d-ack, tsessmdr'a cbeet or caehier'a check. pravidad any fach check b draws open an htad0aaion whoN depodu aro ieuwted by , federal ajencl, inslrtameoality, a stir!; a (d) Blbdtcdc Ftmde Traaafir. axh o8tu tieadm~ a m4 be deaipratedlLwder irLl acobrdraxe trhh tea naafoa poor is Seolioo lSt Leader >na4' rotuoa aW' pa7~ ~ p~~ pai'~ it We paryaeat ~ parthti paynrma are ina[lloleat w btio~ the Lean c+otraat, Candor may eceept say P4meot or partial 1>~ ieadAeiaat to baiap the Doan arrmt, wilhoet waiver of any rithta mattmda ar pn~ttdioa a ila risiatt to rotors mc6 peryataat ar partlal payaamt: m the Mlro. bnt Letler is rot abNpeed tD aPpbr atrch pagramu at tht lice andt payattat4 are aooepted. li ooh Yerisdb paymaat is applied as of Ma eciedoMd dtN dMe. than Loader aced not pq htwcat ba a» applied faeda. Lamer may hold anOh iptcpQlied fltadt acrd[ Bmmwee tnttloea pyrtuot to btiup the Loi- wtr-nat. Tl Htxrtrwetr door >tot ds ao wipda a traeottabis period of time, Latdrt aha11 siWar apply aadt tLrde oar rotors Wam m Borroewr. Umt applied earlier. aneh titadt trill bs applied t0 ih0 osbhblNgp princlpll balanxx radar Wb Now feotaed4wly prior m fareclawee. No ofbet oar ehdm whia6 Borrower ~yht mvs now or io the fierra ayaloat Lends amU tnliare Ba:tewar from tttathlS palatals dtts order tbs Nos and this SsaatritY inatrumeal a perfortnins the emrasarta and aReemeabt seemed by thin Security 3. ~ AppMeaRioa K l~aeaota ar teoaatia. &eept as otharwiae daeoribed 1n this Section Z, all payataabe accepaei asd applied by Lender Chap bs apppad io the fopowh~ ardsr of prisriry: (a) iste[eat due Doer the ow; (b) pips) doe, ardor qtb Nola: (c) ataouret doe order Section 3. Sush paymmta shall ht t~io plci, Ptle~'o~q.Pgttesttt io the otda in which ~ btname dra. Aar aeoreiaioa amomfa ores b ~ ~rpe}. •seooad~w ley adder amooaat due order dda Sawdey lastramear, trod If`l ~ apa})seot tom Bonowar for a deUrgttaat perbdic Paytmal which inchlda a ~~C>nrna. it more then p'lriodie~Pagalem otr~sdinp, Larder may apply sal payment reeenedtmd fromt Borrower to the repsynteat of the Periodic paymenq N, and to the seem that each payaaeat Sllslieb ~u'~ rwr ~~aAl-Al ro>Iew rqr ~ w ~• ~ F~ 7010 1101 . ti.7 . fit I'`8 8 G PG 3 5 I'5 ,` :,i,, :,t~.. cau be paid in fuU. To the aztan fist nay tatcass eriru afttx the pgmeat b applied b the full payment of one ar mre Periodic Fayaienh, aucb ettops mry be applied b nay late ~ der. Yolnt+ary pt+epaymsMS tltall be appped lift b cry psapq~aeaat ~ and tlten as desorfbed in the Note. Any appliardoo at pgrnaata, iosuraoce Pte. ar Mbceptoewe Peogeds b priadpat due seder We Note thsp not artOmd ar postpcr~ the dae dab, or e~ ffie aatoart, of the pedodie Ptiprmena. 3. RMnds tsr >ost:ew deers. Hortoaret eatiaU pq b Lander co tLs day ltieiodie Paymsals are due nadrt the Nava, ootll the lives b pall bt lht1. a tame ~ 'I+vriM~ b pro+itN to peymest of aaeowms dne tor: (~ ta~ar atsf sssessoteete sad other lama which can audo prbehy Deer thb laatemeeat u a lien or wtaoaberser oo the Property; th) lssMdald pr0'~ a f~1 taro as t~ rropetey. if ary; (a) pratehems f6c nay and aq bumattce required by Lander tinder fleotien. S; snd (N ilsoaip,~e losaamca peas~dtott, if tttry, or any stave payabM by Borrewar b Laodar irs lies of the ptgrptpot of inaotda ptemiataes in aocaedsros whh 1Ls prombiom of $ectloo 10. Zber dare rrs rolled •~ It®e.• At ariaiartloo ~ at any for dscht~ the term of die Loan. Lattdar,eeay requite tlrt Wmmuaity Aeeiodatim Dup. Fan. and Awaoaments, it nay, be eseenwe0 by Borrower. and arch der, f6ee sad assesrmeata shall be an Baeevw mss, porratva tdidl psoa~ily teimiah b I~aadtr vt errdop at atootntn w be paid cinder fhb Seetior. Bonowar she41 pay Laodrr tb Fttetds Ibr Baaow loenst arbrt Linder waim Boeroerar'a abliptbtt a pey the Fords tar soy ~ all Escrow Itwas. Leodar nary wain: Borroeeer'a obliptioa to pey b Lander Ftmde for aagr a all Baceow foeara at tiny time. Aay attdt wsiver may oeely ba is . la the era:d of ~ waiver, BorrotNtr eLsU pay dhedly. whin aed where payahle, the arooaus due for eagt .filbeo* 14mmr ~ aih3tls ptgsowt of Purd, het brio waked by Laidsr and, ~ Isnder tequhas, s4sp to; ~ , ~ ,, :~eioeiFt~ vldeocisi areL peymeot wltLia atcb rims padod p I~aoder asapr eegaba be s ooneaoti....~';hde~id~ia Wks b~r~tattar ~ptira~ie ~ooeiod rq~aotnm: b utsd fit pscdoa 4. It Bartuwar b abpplad b pq Beaow Igms directly. paesmatt b a rosier, and Bonaaror tips b pay the aetteant dbe br re Asarow heea, Leader tnq eaeeeeiM its eigLls under 9eotlor, 9 and pay root amooeu and Borra~sor ehsp then be ablipted ttodx Sbctica 9 b aepay b Lattdec soy rock aaootmt. Linder may revoke the waiver at b any a ail Banaw (toms at t>ay time by a aadce =irm bt aocuedtpce wig 9eotion 1S cad, apoo mcL tevocstion. Bonmvar shsp pay b lender aU Funds. aed is rum amomgr, that are then eaqubed under fhb Section 3. Leatdsr awry. ed arty time. copcct and Loki Fmtds 6e a4 atooart (~ stets to permit Loader b apply rho Fuels at tLe for specified uodar RBSPA, end (b) not b exexed the matthmmm aaeonot a lender can require undx It6liPA. Lrda thrp erimeta the aoooara of Funds des ea Ae baeie at Dovecot ewta aed :saonahle eNliwtea of m~pmdimra tet NNte Btexow Items or athsewir b eooordsooe with Applipble Law. ILO F1mds ahaJl be held io tin buWutlon wbae deposiht nee inaeeed by a lideeai apacy, inr~wwy, a entity Lsaeler. ii Lader b sr instLatlor wLoN dspaW sea ao brtarod) a io say E~OOeral Henw Loaa Bret. L+aadsr shall apply We Fund, b pay ms ftirscevw IMme m laMc firm the dras spsci>jsd tinder >tA3PA. Leader chap not c3iq'o Bouowar dor holding sad apptyb8 Iha Foods, aoneWy atatyslnp the vecrow aoooant, or aeeltylnp dte Bactaw Items, unMst Lender pays Borrower bRmpt on the Ftmds and Applie~de 4w peemib l~atdse' b mob eucL a eisaeo. ilnless as apeeoeeot b mds js wrltin5 of Applipd-Is Law mgaitp baawt b be paid a tLa Funds, Leader ebaU not be regairod b pay Barrawrsr nay bta+eat or aamiisp on the Fme~. Borrower and l.emder can agree b wtttiot, howavac, that i a~st;,ti ra -eA(Ml ~uo:~ ~. a N u ~ ~~ tMp~ 7e7a llet _ t' l:i.:rt4.. ' Cr' • 4G - BK i g.84pG3516 smtl bs p~ld koari~p.:P~ppd~i..I;andp~, a11d1 give to Borrower, without charge. m amusl axomtiieg of Ote p ~~r~.,:;.. u t ~; ~t;;~tutdti Bela is eetawv, as deflnea aukr R~Aw, leader ahan .owoat to Borroret toe the etteeas lbmda h, aoooadaoos whh lt~w. u tear. le a ehoahp of trtmds held !a axow, u aettned oodsr 1tSAA. te.aer dull ttoWr Borrower as ragtrirsd hr ltBStw, Lard Boteo.~r,a.u pq to Lsadet ~e smowt tteoaaaary to mb nD t>r aAoetage fr eooorrNrrtoe whit R84Y'A. btr in m won trsr 1Z moortiiy peyasae4. It there a a defldeaay of lrsadt haW in aataow, :a dsflaed noder ]l89PA. leader shalt aioWy Battvwtr a regdzd hP RBA. and Botrotret tduii pay to Lttsder tee am0laot ne0earry to make eP Ihs deSeitlrcy m ttoa>edsoea with R811°A. but ie m more them l2 InOtyrly paymatts. Ilpou ptpaeat In taD K aH sham secutad by thts Sewrihr . ieodet shall proatptly rettmd W llottower a9 Paa>f lurid by Lander. 4. Charge; LNw. Hoemorer ti`tsll pay atl Taxes, auaemaMa, ceargos, 6sa, tud latpodtions bls m rite Pnlpetty welch trn attain prhaity over fhb Sepuily lwittmeea.leasshold paymarts ar gtoemd teals on rite Property. it ary. and t7omnmssgly Associstiao Does. Pees. nd Aweaemwet. i! tmy. To the etpeat trK epees iesmt w Brctrrr ltsws. ee-esearer shell pq rram is ilr meaner provided in Section 3. Btxrowse shell patrarptly diecrtage nay Iisn Moor hr pelority owr title Ssoerhy hstetemettt anises Borro~wsr: W gteee i; wrldeg to trs paymaat of the etttilgttioa aeeired by the ilea in a tttamte aooeptabk to L.aeder, hot ady ao loog as Bean~aerar i, peelhsoleg sash +; (b) eealesta she ilea it good faith by, a deliadr aph>rt sNOromwst of ter Here hs.l0ta pmosedbp wrier it Leader's opiaiaa opRaM to prsvaat the eaAoeeemoeet of ttat liw we0a these peooaedings tre peertligg. bat ady eodl with peatsdlup em oeecluaad; ar (o? estates floor the roldet of'the liw as agraamaat sattediiolory tr Leadst wboediartlsig the lies. to ®ia 8eottdgr laslrutatat. It Leader drtpssioes ihtu any poet of the Piapnty is aitjaet eo a ilea wh~h eao alnire priotky arse tbb 1he~r IaaAeemsnt. Laod4 nary dive Boerarrar a aotlce ideagtytsg the lieu. Wltldo 10 days of tae efeee ea which that notks is given. Boteowar shall tWsty the Hex or take tae or mote of the actions eq taste tibovs io 1Lie Seegion 4. Lender mqr retpirs Batrowsr b pry a ow~timr rharys for a seal estate tut vaei&ation tardier mporting aerdoe wed by Ltader in octatxtim with thL Loco. S. Hrspmmy >ateaseroa. Bormnra sesli keep the emipaoremewt now exlstiog ar heeeaNa~ erected ea ~e PropettY ipwt+d ytlolt,kSas by lbs. Yaub iachded wkhin the term 'tacisaded etovatsgs,• apd say other ;. lA en_ t ~tu~iNd to. eretrgetdoes sad }loot. lot whirr Laadtr regtinr rtmaeeoe. This ' fie the moats: (ioClttdinj dsdtlcdble htrsla sari tot me periods teat L,aakr~'ra '~.. , pmatuol a ffis pteoedigg eeoleaess tau obese do>i~ the seamen of the Lan. Tlie issaraoee ctailepinvidiog me bwrares shall bs chosen by tlotrowst eabjed to Lender's right to diwpptovs Borrower's ahoks. peirh eight abaU not be eetctciaed esrwotulbly. lender eoay esquire. Boreswet b psy, rt oorwdior veldt this Lam. aithrr: (a) a one-dtoe cfiarye toe flood zoma aaeuaidation, aetiflestioa sari twelth4g aeeviros; a (b) a oue-time charge fiu flood soar dshstoeiwtien and oatitlatien aerrices sad wbweptmt ehuga each three nmapptagt a sbofisr ahemges aootsr which reaeoosbiy might sllbct tue~ Oetamitrnioei a atrtiflpitioe. Borrower shalt ahto be rapousible fns the lw3'~ ~ mY ~ hP the Fsde[al 13merpeacy tdadmtgement Agert~y in coonectioa with the review of nay flood Bone drtamiuWon raaldog tenet as obJeotioe by Borrower. 59Y5Y4 ewe ~.eApAl 4rfrt hf-f N ~s ~~ hr~ saes f/01 .=1`. ' a .: , ~I1884PG3517 If Hano+wc t•W eo maintain cry of the ooratrtFea dekr$ed above. Lerdar aaq obWr btareaero ooretgs. at Lsadee'a option and Horrotrter's eutpsttm, Lender is uudar m obHpior to P~ m0' Fs~ C'Pe or amonat at; . Thsmfoee, sttoh oorstap shag cover Laadar, bat as~ht a gofpbt ant peoMCt >aatenrcr~ llorrower's etlttYy laths Proprty. or the ooroerMt of se Preperty, apdmt auP rbk. ~ ~ ~!' ~ ~ 1~ ~ ~ laser ooraett~s tbn- tns Paarbaly io dict. Bcarvwar actaoerlod~as that the coat at' the iasuaseos ~ aD obgaasd stti3lu aiFtddoaotly e~eDeed toe cost of htsnnmoe >ha Hoerower could htw obtained. Aay amotmes dWborred by Lmdrr amder ffii. Section 3 ahaU become addtgorat debt of Hoctowar sxuted by tbb SetaQity Irstnanaot. 7Lese tsrorab ahsU bear ! a der Noon rats Iron the date ~ diahtrnemsnt sad shall be payabb, with atrb httemat. ~ aotk+e Seam Lender to Boerovwt regaestbtd paprtrert. All humartoe policim_~agaaed by Lerdar sod rsretvab of anch policies ahstl be sttb)ect to t.erder's zipA1 Oo a weh .. trbtl fneinds a agndard mortpp clntre. and shall amoe ieudrr u ., ~'M!'M~i ~~a~.lkloot PO'N. leader shall Lwe fbe t33ht to boW the poiioks and t~drwal ' ?~;. • . ~Mi.He4oerer abap peostptty /irt to L~endsr all JeeOipOt of paid prambms and tsmswd .~ . ;0~+tiiati airy lbars of hraaattoe oorezs,{e, not othertrlo segaired by Lsndsr. for drays io. a desf.rscliati`of; the lioperq, stteh policy tha3 htclyde a ataadard oaoryade clause and shalt arms Lader o mwt~traes adlcr o err addkbrd loo psyas. la der evesd o[ loo, Barowsr ahail Jiro prompt notice to the iartaanoe carder sod lender. Lander mei+ mains proof of bo it not made ptoaptb by Beetvwar. tlabas Lender and Banvwsr atharwlse aj,roe ~ +P p:ooaeds, whrhar err not We urdarryhq htmeaace wan regtthed by l.serdsr, ahdl >nQair of the PtvpenY. U the reaoratlor or repair is econoeoiat~ feasible and Leader's atcnrily a apt leatrared. l~ ouch repair and tsatosation period, Lmdx ahatl hero the rijht to held such huoraroe proceeds mKil bender hr 6sd m apportorgty oo hrspact adt Property to aasare the rtrorit has hew ooogdslsd to Lemder's >athd'acdoa, psovided Wu snch iopaetion alaU be tmdertaloaa psaap~. Loader miry dhionde ptoaeds for the repairs and mgotatbs b a siaple payment a in a aerie ~ Prom txy~ +r the wrdt b oonpierod. Ualeas m apteamaot is ands m w~ a Appiioabb i,aw regadteis i~Otrast q bs pdd err aaslt btsataaoe ptoessb, Larder chap rot hs rsgdted oo pq Boetovrer say iataseat err saarigs m srdt proosedr. Fen Ear Public agiusws, or alhet thud paetiea, tauitnd by . Borrower chap rat bs pdd out od the isweara pwowtMt and abtli bs the nob obiipbo of Hcaoarr. If the reatoastior err repair it not eocaombalry Eetriab or Lender's aeearity world be lesserad. the tawtraroe proceeds shW be applied to the anon seemed by this 9eatrhy lrsttrtmsot, whsthse err ant than dw. wiW the s:osn, it arty, Paid b 8oervtver. 9nch htsurance prooeeda shall bs appUed b the order provided Ear it Saotier2. Tt Harrower abandons the Property. l.erdar rosy Itle. rejaC4tls and sattb aqy available htoaaros claim sad rdrsd matters. N Harrower don not raspord whhgt 30 days to a antlcs bar Leader that the irsuwose carrbr bat oflbad to aettls a ~. then Ledder may nspotlate sad aettb the cltdat. 7'he 30~day parfod wH1 bep(r when the aptbs i. plren. 1A either erect, or if Leader acgohw the Property tmdor proceed,' fa an arrant to l~eada W 8orrotrsr~a 10 e°y ba>r+mae (b) aqy, oWsr ail eaaver's ~ tmder ~e Note or mis 9eatrity Iratrmmt, and Iomar than Ihs >~ m arq tdimd al tmsanad psis P~ M Borrowed trader all tnatmrsee polielss;bovaaie~ the Propeny, irsofir a^ shah ~ titre y a 00106 of ~i~°Paa~ m4+~ the htsttraess paocesrM ah6sr ro rapai< a rotar~s~ to P4r 0m'!!A~i ,~,~[c_i~IR A~!~ err this Sacorlly lr~amert, rvhedwr oc swt than dre. 590604 ~'~tii~y' :~;';'~~•jl!uF.S~:..}~':. MrW!.a I •AIMI w'ro~r r.,. r x +~ ,...i t/ R~ a07e 1101 Bli 1884pG3518 is r[`H,'f'ri11.~L`r:;• ~C.Cr~ Y'i1( .. n.. ::iii. '. 6. Oawpaacr. Horrowes shall oocuPY. eatabtlsh. and we the Pro~pertr u ~aroa~'s prioelpal raideawe w!~ 60 dart sitar Ws exeeotion of thla Seaaitr LWtrmaot sad airll ooadotta to aoonpr tie ~Y ae Harowsr's prltt~d resideaoe for at kMt ans year atkr tbs data ~ ooarpaory. adrea Lender othaaw~iae apeas In . which oosaant abed rot ie amreaoaahlr withheld a tmlew apsaoatfart ciepnnegaroes exirt whici as bsrad >ioerower'a aoattW. 7. laarernMNn- IUWMaanos aaai !'latatlieta of the Prapatr; LspecUarte. Aorrotrer abrdl ant deataor. daott~e or iaopdr the Propeetry, allow the t+iopeetr to deteriassts ar oagadt ware a the Prapeetr. Whedtsr or riot eoarowar b raldi~ ht the Ptupatry, eotto+rer rhdl rpaiataia the Paopaccp fa order b prs-ent the fbos detaioatir~ or dauvesio~ ht vapr due b its caaditlon. Unkas it o dslrradasd pmrmot o0 5eolimn 3 thq repatr or ramndm b rot eoooomiodlr feerible. Borroweor ehdl ~~ p~ ~ aeaaeCtiott ~r1m fur defetlorafioa or dtenade. N bwramee or daeaye to. or the ftJdoi o[, the R+oprrtr, eaerorrar ahdl be reapoae~ba for rspdriup or otetorlgi the ~Y ppgr U Loader hat rekllNd prooeede tot ooh pmP~• Leodw ~7' disbarse proaetU ter b aipein and rsatoratisa L s ~ pepeaeac ar L a serial of lxotl~ pares o the work i osaapiaMd. If the hteptaaoe of oondaemaatbn pasOSSda aw riot sa0imaot to repair ar msroas t1r Property, Derrowat b rot relisrad of Honower's oblilpation for the ooaipletion of sorb r~spsic or regotalion. Lender ar ih year mar amka rwoaeble satria upon end iaapemtioaa of the rropariy. if i< hoe taeopabk canes, Leudsr awry iopeot the >aterlor of ffie bripaovemeota m the Patfpertr. Linde: atlail hive Borrower aotke at We tLte of ar prig to atrch as luterior htapmNoa apedtrlq~ inch revoae)-le roue. i. Beas~ower'a loan AppMolfsu. Borro+ver ~aq be in defwit if. dorh~ drs Lam applialioa proael, eornrwer or ear., : t!r ratifies saiep at die dhedioa of Borrows: of witb Boam~var'a btowlalBe aeitiooemt soul . „ ilise. mWsadb~, or iurcAaate intosaveio. or ep~aaaar ao Leads (or ~al'.'ta. , ; ; ... +. ,; .: ; •t~-. ~, ~ m.terW i°A°rmed°°> he oaeuection +rNh IAe lava. MaoarLl ~Y ~ ...: s 1~,, Hmtaad oe. rapesematioes coaoeraloj Borrower's oocupaoey of tb !.1t+11eettstt at Lattiaess 7.esaaa `the 1lrp~q sad >at~ UNwr ur ~t4 LMraooa. u (a) Boetower taiv w perto[ar the aaareoar are a`rsoaean ooatalaed in this aeaatiq' hatuuaaat, (b) these is a ~ ! tier oI~N ai~itiangr atlbct Leader's iatersrt in the Propeur aadlor ~ order dde JeQocitr ioronuneat (aoo6 ae a i! b~alo<uplay, probaae, tiny ooadamt(oa or ior[bitara, for edbtteersot of a lira whh~ mq trip pr ley wer tlds Sewriq ~ptmeeta ar to safocoe laws or reddrdaas), ar (c) Borrower hoe abaadorbd the ~ d~ao ImOrr aver do sad par tot wiaerwr v reaeoa~hle' or appaopriata ao protect Leudrt's imarsst la the Propastr red tI~W mudtn this Sa~rity . t Phi ead/or the vehra of tbs t3operiy, sad seatdnj and/or repairing tha Property. Laadeot's aotlon sea htolnde~ but ate nor lhdaad ts; (s) pgrLt~ nary some eearad hr a lbm D ks : ro) is wart: sad (a> nrb~ raeaashi. is eaoved poeMion >a a bobraptcr ptnope~ Ss~~lr~i burl b ~1~ to, the Ptoperfy to matOe rapetra„ ehaars htda, rums or hood np doors awl wiodowa. drams carter tlom prpas, tlimioats bribes or Drier nods vblydser ar danpaoor ooaditloaa, red hrw ndlides tarred 0o ar atf Allboadh Iaariet agar lrtoe aatloa wdsr A4 8sodoa 9. Lender does trot Gave b de so sod Y ant undo oar drq ar obliRalioa p do ss. h i. greed that Lender iocros ao Hrbr74y tlx rtot takhy aa!' ar all aotioae arrdtmrlxed usdrr this Seotlea 9. b9Y31~ /-/)~/ -eA1~A) grOrl ~ ~'`""~~ -~ r N n ~,,,, ~,/ Finn r10~e 1A)t ~,,C ~~ :. '~ ^ ~~~ ~.. ~ ..~,...r: ~[~:n.~ `~t1884PG3519 Aaf' smoosu dhdiuraad by Lander whet thia Sactbn 9 ahW beooor addWooal debt of Botrorver dirbtttaemot sod ~ betawameat. 7'6em amowib ebe1J bar K the Note rib from 16e dMe of payable, with aoeh Inteeatr apaa nodes tram Lender b Borrtrteet regawtioY kne. ~5ewdry Iaetranrlst # a~ s harsiaold, Borrower oboe comply rtlth atl die pttwidoep of the title fq, the Peopeaty, the ltauelrold and d1e tee title that! Dot meiye colon Leader ept~p!!OQ _ Jq,~treiti~, Ltti ~ . ., It, ender wgob.d aloetpie lasuraooe ss a tsoodition ~ mtldod the ion. Borrower .:. reQaLed b mshahia rho irlorl~s~e fe«usaiae in effect. If, far a+ny rosaoa, ~ ~ ... rr~aitrd by Carrier oaten to ie arailsbie fYom Iha moegye iasser that pbrr leovNsd rush htaesaoe sari Boav+rer ws btnrd the pee~taaa for Mortiap Iasoa+eos. Bortowrr~ahsUbppea~y thr p~ A9~d b o~lwm ~'~ oQ~t b Wr laraoace proslomly in crier, M i Dort anbatsadat~r egdtralwt 10 the 00K b egivwer at ~ ~Olatreoa pet+rlo~y ~ ~r eara w• ahesab aoatpet isrwer aebotad b7 leader. If arbrtaWey earrNairet Maetptlr hrraaoee aaerip b slot swdiabb, Boavwrt oboe aoattleas a pq b Loidar rice ataomt of the arpatahiy drri~abd paymrob that weea due when the ioneaooa oottiraes carted b be i eflant. Lariat will sooept, race and twin ate payaasb a • eae~ar4tadabia bra cetera h ew of iaammoe. 9nc~ lore serene ohrq be OO4tefra~iler ~ tla trot that Wa loaa ~ ' paid h trtll, atd Leader abaft cot be ra~ird b p Borrower aa~y brtarest or trraiap alt aaadt Ion rraatvs. Leader era m ba;peer rogoire loo tesrntre payaaetMa if liretp0e hraaaecs oaeaap (m We amount and for the period that Leader tegoira) repnately daaipsbdpayaarmb b'esrd. pamismr hlorygs htweaaos, ft imdet ngdad htOttpOs hraeaaoe n a aoetelbe of aastdrb Ws Loa, cad Aotrerrer ws rrgniead b mshe rrprtahly deaijratad payaoraq ta~rad flte pnmhers for atatfybe httatwse, Borrower abrtl pqr the ptemimte reed b ntahahde hrwesoae h afict. ar b pwdde a sae-rrArodiie bra raren0. mdl Lrder'r ngdnreaatM~ iwnaee eadr h aoootdaaoa wkY awl wilds hetweaa Barvwrr cad LNdar proreldhq for web hta6aatloa at ate Mctdpdim it ragalnd bbyy law. Nahisa fa tldr Scaler l0 dicta Horrotnar'r a0aptlod b p hattrrat st flr tab paveldrd the Nab. htwrsoce atlrbarter Lmdar (ar soy entity flat ptst~hrrea me Nob) for aatpda loos i< Borrower doe cot ropry the Lori o spread. Borrower it cot a patty m the iyortppa Mvrt;aBo Lranees nabob thek toW rlak a sB such icaraooa h lbeoe Lrom time to time, cad may eaoar lab sBrNatatr whh other parties that thaw or neodity their rh>rr or r~oduoe baao.lbete ahmnosota are oar ktw and oaadMioaa that are aatlrLteeory b the aroryape 6ormar and the other party (ar paties) W ~~ Tab a wy ~ ~ ~ntrta b mdoe pryuerb otltB aay aonrca aoetpP honer coy hrre svaflabls (~auy iochrds t+mda obtabed from Martpe harrraara ptartinme). Aa s raplt at rhea r ~i.tmder, aay porrharer of the Nora. another lorster, coy . dpeeMa t3rard~ "~ ~~. ~ , ~ p ~ PotNoa o[ >lc~r~r~ewar'r f a he~7'~ ~oeoits qur 1tt1~oe~ wa3~p .. • .. ^oet~e hrranr'a rick, ar eet~ lerara. 8 abh ~h provides tbst'ia~ ofR ' robe a ahw of the ismer'a rink h far a oharo of the P p~ b the hmear. thr rrestteemmt h oAre txread •captltrs leiowaaooe.' Further: (cry A,ay.aaii afreaawitr w!f oat slat rte aaseaab tier Deerwwc bar ebawd b pq for b~racpos~~ sr aa4 otMs hest ewT the Lora. 8aci aprtomaMr wet a»t laerwa the aaaeaaet 1Ma't flag larsseoe, cad Nq- wi8 bet enelge Borrower to aq rafrmd. S9tSt>• ~,[~y~q~ ~~eAtrA) qut) °'~'~ -.t.t.r~t ~`./y fawi0.7t t101 .iT,:'7 ~73.f:Y..i ' "hAi~~'VY7w' , yr r ~ ~. ~BK 1884PG3520 d,i- `. ;,S.a'.':i:'.3`i^ 'gp>i•%. is (~) Aq sYe~ rtRasearb;w! reR tither $a~q eerrower Mite ~ ~ ryr - wNb to tie 1~ ~ wdr 1tis Ilerteawtea~a R+e1 dew Act K 1!!B ae' ,n~j riide• u. elrre a ned.. ora~i. iYeNwaw, a r.gwc .ra Nigh a.e~wM. or ~ ~a ~~~ ~ a1 ~'',.~a a#a1~Na .ar 1t1. d maw P1tioe~ pbeiYtte% Aii htisoeilaneoae Proosetit aro htxeby aesi~red a ehNl be a hinder. If the P~vpaty b ~ed, eocb Mieoelleueoru Yrooeede >~U be applied ro reeloration ar of !T qle_ terooredan ar iepe3rr b eoooomialty 1bwIDls cad l~der'e eewriq if act 1~ d. Dnrlett~~rapYr and reelwYioc ptniod. 4rtder eWl bare the rlp>It 6o bold tatsb hlieoYlaneore Proceeds I~LL'ee+tntddeerr ~~~ppo~i ~prooerty~ We ~ br bey aae~epiepd to riepalee and eeeartdfor ~~dsed t~0et ~OareeoNat or is ae~foe of p~Pdr~ ~' pry 1br ma _ as the wort is Urlea ar wrbbtt ApPI~ ~'~qr ~~ ~ Prowede Liedee shall trot bs ~ a ~dWe~~ a ~onid hrisoeBe.sone Proonde. u Ilw wetoeador ar rs act or htrder'a be hteeered, die lfleoellavous Pt4osedr ebaU applied a toe ereoe eecund Dlr tide Secorhlr leekymynt, wbedter er mt ttlen One. wid the ettoeee, hT aap. paid a Doavwet. Sash ~ P[aaede obeli be applied is tbs odor prorWed ~r is xeaior Z. >M the erect sat a toW rikigp, desomotioa. or lose io rYne of the~ty. the htisoeBtmeoae Ptooeede dtaU be a the wino setarted by this Seuuiry imotmtart. oc not thw due. with the ettoen. if atiy. Pdd b 8onvwec. u the y ~ dWwedoa, or lore is rabic of dta Ptope[ty it whlrb the air eraetet rahts ~ rite 6elbn the partW tYdttp, de~aactioa, ar hrp is valor ie etptY a or porter th+m tbt atttuwt of the riche eeratred by tlde Securiq+ hretrmmrrt lr baforn the perdY tYdr~, deatrncdor, w bla bt rahpe, twles Borrower aed herder olhaneise epee fa rvrirl~. the aumte seated br Thin Seauky breuuctwt ,tdtYl be ndnoed by the amount of dla btbtt>nYaneota Ptot>Dede mddpllad by;,;~ thilorrLo~.t..(y the tool amoteet o[ the awo txowad ImeoedWe>yr balbro dts pttrdd' ;r. bs .Yoe divided by N) die tadr ew-irt .tdm o[ me Property htroeedtot~r . s,.:.:.. ' . ~. Oeettaotion, or Ina fa raiue. qty bahtroe abaa 6o pid a Boerorvor. b' Asi , ... a •Aerpaotloa. a lore io rYoe of d. prapoty bt which rho ~ aNrlmt valor of ~ `may. • . ' . , ve pardd takhu, dreuttdior, a loco bt rabts ie hr dnu die enwmt of tltb wine s0attrtt bof'ore the Mib~geBOe deatrrction. er has la rYns~ mien Borru~tnr etod harder ot6eewiee etas br wrMbt~, the It ptooeede ehYt be applied q da wino aaeered by thin r boNr+tmmt whMber, w act the etteee are Otat due. Tfi ae Pcopa~r le ahoodoaed br Bonorrar. or U, afip~ rodoe by lender a Barrrt~er that the OPP~ a~W a~ieriloed a [.ceder wltlde 90 dqn aAer tho dose the notice io mow. l~mder 4 a~ a ooWet nd the MisaUtateore Ptooeede slitter a roetortdiao w repair of the PropeAy or a tha crime eewred b7- tlt4 3~Sih' low+went, wbethat a rot thw dua, "UPP~i ~7' ooaau qte third pertp Chet owes Borrower hWoegaeeorr Prooeede ar the peaty aphru whom Houowar has a ri~1t1 of acdeo in re~ard.3o bllaoe6asone Proceade. Bonwwer ihrU M le deArit U aely atxieo or whether civil or crimirel, M besot that, ib I.emder'a jrtl~mert, acrid resalt is torliitare a~! ~ or other atetalY Lapttitaoemt of Lorder'e httereet b rho pivpwty or order Utia Setaeity Irotrnoteot. Borrower cam tare each a dearlt am, it seoeleeitior hat aooarred, ~a w pttavidsd in 9ectto0 l9, by ca>rdni die action ar proawdWp b be 3lYxtla ur.i, ~aApAlaioa r.rvat~ ~,,,/A/ hnei0~f 1101 t ,~ «~ 4 ...Y44c ,.i3C.p jif:~:ijia'~~7kwk; ,~. .~ V}~u, , ..._:_:... ~c i ssa~c3s21 d Laadar'e htkreet ~+ teRMlpNe d the oc dher mthtial aYy arrmd Or OILY tOr ~~ ~ ~- thb SOtatrhy IOItrYO1q. Theptooe~de of ~Ne ~ ~ bM W tha ioaptitttteat of Lemder'i its lY the Property ~ lfneby aui~eed trd eIIW be pdd>o LNIdOf. ~ ~ tr0 YOl apptlad M t~e0tetl0Y Or repair d the 1'toperty ehaLL be ~'~orA,.., ` ~rtla.a. ~ .. ::#"~ .. ~+~ ~i Larrder lYet . Wri.etr. llttreet-ioo d ufs time Por tml~ fic ~ d qte tauw recuoed by thi. Seemlty laetrYO,aet R~ by Ladfx co Harruwac,~ ~ ' ~ . Ir0lretat d Dorrotrer ehw rot oputte to mleaa Ibe litbiSty d Boaowa or 3YOCa.or, ~ 1+Yewet oe 8onarrer. Laden thou rot be tagairaa to cammraee proaa.dltp tpmet ~YOO.woc iY lac d laoro~.~ ar a rte. fo ~eae am. ran p~y~oe~t or o~r~b. modNy allaelon of me stmt eectued by tld. trarWy ~ehfm,mt by rcneY of.q da~od aoa. by the Hoetnwec ar >4 ~aooeeeorr hr Ealenat d 8orrrowr8ro. A~q Eastbeamoe blr Lander iY eucaaatrlrai ~yp~ S emote iYleteget~ 8oaowoc in lees drY t8 teoo dw. i~ aa~f a inirer d a ptnolads tin eaeealee d ttgr ~ fx temedr. t3. ~Mtft aid DteaeaF !i atreneleene teed Aeefpa ItleeYd. Borrower oovaYarfte ftYd apart dtet 9arower'e oblipgou aed~y shalt b0 j0iei tred aeraett. lio~ar~ feq BortOrerr rrho ~ Ihie SeoutiLy Lrtreaeerat btt 4eN trot eaaaete drt Nola (a "ao-+i~oec')f (a) b co-t~ this t~ of ~' ~ a~orpep,, i~ aqd cam'p' the oo-aiBYer~e lntaxet ip the Hader me ~~' i (b) b tat pereodly obllpaed ro yty the went >tecmedn ~dtie Sanulty >satmf~: trod (c) put Laadrr and airy older Honvtver po rate fo Wand. modify. trr6etr a mete ~e wNb eNtr'd to the mme d thie Severity Inatnmtett or the Note wbhont the ~ol~Ot b the prorittooe d 9ectloo 18. ray Sttooeraor In Iote:aet d Hortowar whp aeefma BaQOteer~~ corder tbde 8eaueity lantrrmett io trrWy. and b ttppo~ed by tafder. alrli obada all d a tiShte and beoada «tedec tldt seasity IoeaoateYt. 1loerow+er ahrdl rot be taleod Gam I~otrower's oblip~tloYe trod lieb>•14' taster Ihla 8~eoerlWr lttletmnet t~leee Lauder t~ ro each ttdeaea L wrbia~. 7!e oortaerof end tpeerYaq d able ~Ineemmmt aha8 6ifd plzoapt tr puarided iA Secliai 2~ tad 4meIM the Mrtaewwe tad awi8o~ at 14. laatr ~ Laoflet tpry dregs Ilanoteet teen for eetricee pertarraed iY oaamectioo wig ecrrowar'a datYrll. for the p~~oes d Lattda'e fo0eteet io fLe hopt>tty te0 ridge e+Yder thb sec~ty loetrumeot. h~adq. bat cot 2Mdoeddw~, ettoraeyt~ 6w, propee{y ~oipeetim tad valaadion Ae.. lY rolrrd b arty other tees, ale aheera detsptaat tttttoeity hr ale fee to 1lotrot-er tdtfii not be oortettoed ae a peailbWoe oa the cp~d enchL~ender ~ ~ tees ~ L~y to a hnv~widchafe~ loaYadt~tesee Itnv ie [ioatiy itmerpraied ro that tlfe lotste~ a otter ' ar b be coUeded io comectioY wilt the Lam elaoead the pormWed ~arib~ aZ~~! ~ rhe8 a tadead by the sa-oant tteoeaory to te4toe the 1 mibw~iu-fir" "!'~'~ ma ~ ~r collecLea tram Doexorr~er.rhloh areeeoed p,rm~ieoed owed tmder'vl-e . . -ar :M~eYder ~' tttaon to teats this tahYd by the tejk`' . a dba pymmt to 8otro+rer. if . te4laYd radaew t~~ todnaioY wLl be bealad ae a wldout ttq prepayment rAatyr (wlfether or rot a ~ p0'~~~et~ ~ ooat<iprteof eery rl~ at aBarrowa~r ~ =Mnd made by d ~ o~ercharp. ~ have ~t ~ iS. Netla,r. Alt rwHoea ¢.aY hlt llartorrer or lender iA oofa>tctioY wllh Ude 9e~r~t~r Imttttment wart be ilr wt~. tip' tathte to ltartorrec he oomecdoY veldt dde Serenity imhmoeot ehW 6a deroed to lS99S8~ ~eAf-A-pao:t ~ hr• tt d u mi ,-,/ fNa- ~O~t 1/01 hr .{A'r'4 ... # s"~~ b~~~'tli~.fc t. '}Y ;bus,: ; ,x :ta ' :. ~1884PG3S22 /w 1~~~ {... 'a have hem swan b tlotavwer urbq maiNd by Zhu abw mail ar whea actwUy delivered to Borrower's noHoe addrma if eeed by other aaaaoa. Notice b soy see Aottowet apW oeaetieste aodoe b all Hoetoweta unlert APplw+~ 1+w' a>zpneaty eegoitea odJerwiee, 'the notice addrea aball be die icy Addraa mti[y Leader f Ba arep o[ anklet ~ ~ notice b l,agder. Banawarr ~ prompllr chaods d addreaa. dra bonotrer aDdl aoq npat a alimraadd we wit pr~p~do~e• '~ m4 ~ ~ ~ nodoe addmra omder thhJ Saawity Letrrmteot ac aq as tier. Any noHa b Leader ehW be riven by deiiwrim~s It ae by tmilms k by Mt chw mdl to t.eoder', add~aa stated heseio mJDau lsder 1ne deaipeled anotiser alaea by aofbe to 8artow~ar. Atiy ootia m oomr,etbn whh dais teatensem ~ ea d. draosed b bout bee. b Leerier mtii auoaived by Leader. H any oedoa ,rgadma by rbia lesteaeseat b .ieo ni.gnit.a ~mder ppiaia~bTs Law, tba AppiiaibM Law regairesoat wiB aatb>ti tlr ~ mquiaameot mdse mb Searity lsutraaseat. 16. Law; Bawlae d Caeateoellse, ilde 3e~h~ loetineert dJdt be soveoted ~iaw and die. bnr dr ,pabdbtioe Y wD1Cb dse Plopeaty Ia oq~led. An tishb am ooedai.ed ie tbb Iesaemaot era b aoq re~dtaoeata and iheitadooe of Law. Applicable Law ~ ar ~albw Cite yerelea b a~tae by oaaaraet or b ?be eiitvt, btrt such dleace abaD not eaarttaad a a ptahbiNon aphra asteemam by ooatraot. In ~ evaet ~~' prokgt dnw:o[ ride Sa~ lnameeet or the Nate ooadlhxe whh Law. anch.oolgia ~1,~ otltar o thb Security Iatttvment ar the Note [~ ~~ .., As aigd>I~aM` u ~1; (~ words d dJa arsaa8ne seeder rbaU asnao sed htdnde oocreepondio~ eetpeiiwot+d~,~¢ wonfe o[ 1be [ensioine seeder. (b) wards in the eh>p>m nail aeeaa and include dK and vice vmaa:'and (c) the woad "Dray' Siva sole dhJa!etion witiwet eay aWisathJe to hHoe mY aeliae. 17. Ben~a+rer'a Gpp. eosrower obeli be sine ace Dopy o[ the Noe and d th4 Sa~r~y leetemret. li. 'llnteepr ad tM hapaefs ~ a 1+eeat>dal Aslermt V Barewvs. Aa Hoed fn Ike 9eotioe is. 'httaaa[ in the Pra~nrats~aad d ac beotallciat httamet ht Ibe may. htohtdits. Dot eot HmNed to. thoa beoNbW its a hood Asr deed, oaetract Aar deed. itggl>ateet eilae aattdct or auow asp, the btrat d wbadt ht the traaa0er of ihk y~r Barterwer at a Acme date b a paeriaear, If all ar arty part d the ~a any Lgermt io the i~ropeRy Y Ield a[ tea0eaeaad (ol ~ 8wiowar ie not ~ Dermal penov red a fakeer io BaeJ:owar ht acid of tran.ibrted) wkbont Leodrr'a prior wdtdm cveeeat. Leader may zegoire haaaedWe paytopK b Adl o[ W eame eeoamd f,y thin Suavity ipgnmseot. However. mis option ehaU na De eaetdsed by leader if each eseraise U probAdeed by Applicable Law. If I,ader e>Detalaa thin opUoa. Lender shall live florrower aotioa o[ aooelaadon. The aotba ebaU pro+ia4 a period d as kp tLim 30 dayt iwm the date tDo nodce la~o is aooprdaeoe wl~ gectim 13 ~rithin' flerrovrar moat~pay ail ereu aecatad fry ~ SeaavYy lo~a~t. U Bmmwer AdM b pry then wtm pricy b doe eapisatioa d Ihia period. Leaadx mapr invote aey areasedfa perasigad b7 this Seaeiq baanmJeot without Amber notice or dantaed ao 8oeooarar. 1! flaea~owr'a iidsbt it Ditala AAlaar Aaaiirallae. If Boaarrer meat aergJio oaedfdoea, Borroiwr aDdi beva tDs dot b have ea[atoeaaeot d thin AeearMy ioak'ameec diroavdeead at aa~r rime prior tai the eaadtat oC (t~) 8n days be[as Baia d the Piope[ty pmwaot b sap d de ooetamad in ride Seoacky loetramaat; (b) ancb athe period o Law eoisbt ~ dr tentsioation of ooorAlioesaara~that ar (o) etwry auT a sot refoa~gs ffi4 gaoouit7 Iarftmteot. 7Loae Imuamrat and me Note a it noWaea>~aradae hrd aq ems whkb rhea waaid be dne ender dafa Suavity . ooavnd: ro) core atry delhdt of soy odour comann or svaae~ •AIrA1 OtotJ ryt .j~3~1« ;; & i4,Lr3hy,~,i~;'?J~;a..U ~ ~ •y': `~ t` IjrP: ~ Q'!`st:.. r~' ~~ -.N 11 M It yy/ ~ hna rasa 1~a1 .._-__-- ,..BK.1 Sg4PG3523 . . ,:.:;.r 'w ~ . ,.: ~~~. M ,w .... P tt~l SM.'. M .. G a~[e/>atlnl.) ~I~ ht eafo~ ~ ' . i. bst oat tiaohed w. ~ . plopetir mlpectior ssd vahsdon rhea, asd omr Glp ioesrtod Ibc the prp?w of p~aeeaeY~ [~'~ ie~e~t le the ~d ~W ~mder that Jeoority 11~4~aR lod tskee web edioa m Leodr nltpr renooably ~m arnol mat Lttldr't ietrlM is tee Ie~d m~atrmert, tdidt ace~~w' atd Bonorrrz'r obliaatlm q ptq the toot aecaasd bIr thht Staarity araLmt~ed. Lptdr mpr rsgidrs tbrt Boe:oalat pq taoh reioltlltlatoit wua asd elrptalee b oae or mote of me ti0tatt. ar adaxad a7 Leadr: (tl) oi: (d) money aId•I; (o) crtiAsd ~. boot ebtt#. tieatater'~ eYct a ottmiet's ~k PtatiAed coy tuoii otieek it titatett apaa sa htedtrdos whoa , imt~tnaottNgr or ~'. (~ irisdo TtratAr. IJpoa r~irMatsoltat b9' A nosKr, qda~ tattrlroltit cad obNpiom >t~ed hetebY Ihall reotia tatty el8tpin a it m aooeNrlttoa llad Doomed. Howrnr, fhit ~ m relouw aeap ant apptp ~ fhe cola of aooprldos wader 8ecdoa 18. 18. ttals st 1Vspq Chnbe of Lwr Hrvlor; Nodes sf Gtlwwee. The Ivoee as a pstdd lotteett im the Naq (topher veldt this 5eawdty lattuaaeot) tunm ht told ome or moue tiaee wtthotx prior aotke to Borrower. A cola miBM result b . ~ b rtes ardcty (tao+ra as tee "Lora 8«rioer7 mat ootlaxa psrbdk due aodr me Noll tad this Saaaity 6rtramant and pat~otml omen lea 8 rmV.t the Nose. mtt Seoorlq toaramert, rod Appuatbie Law. 'lLteo t» ore a sore eityet at me Loss 9r~ior oardsted to a Iab of the Note. If mars b s olugp of the Loea Senior, Boerowet wilt W Sim wrhtts aodw of me cbttme whiei wilt ww qw cams std sddeen K tha onr Lard 9eniaer, me addrer b whte~ payslwtl t6asld be 4ttde and sopr otter iOBooredor RRSPA againt fo aonotetion veldt a ardor o[ patlefer of . N the IVott is sold oat t6ardler ~ Loaa is imbed by a Lola Ssniar otter rho mr pme3aar of dlt NoM. the mo~tpp lotto eeed~op aWip13ot11 N Borrower wW amdr wim dir Lout Serriar oe bs frsotbrtld b s nroitierot' Lom Setrkr cad ate not awtd by dtr Nate poadlettr nmbte omrwilr peorided b7 die Noes polohalr. Neidrlr Borrower trot i+wdr mq oeamisnoe. loin, ar be joined a an! jsdicW aotios (a1 aimr as ~+idad litipot or thr otaatbr a? a oleo) mrt aeLea Gram the othmr prty'I eeliool pwtwamt tD ISde Sewtbl' Llttuattoet a that a0rp Ihat the omr petty tees btadMd rapt pr Won ot, a +y' dotl' owed by tsalor ot, thtl Ss~bre~raeat, altdt arch Bserawlr ar Ltadr >rr aotifled the otter pray (wNh orb ~ ~ bi mr Slgahaelwb of Secdoa IS) of web a1M~ed 6teach IId afforded the other; petty Hereto a ~, pet~ld stlr the xirtrtp o[ each aotioe ee tab oooecdre aatba. If Appllioabii~7.4w~ r~ ,~: which mull Nepte Iletors ctetrht adios cue bs Ii1at0. that tLms Pry ~ ";, Lar pseporer of mil plamayb, The nodes of aoorlrrtos and q+i~0 ~ parrurm to Srdlca 2Z sod dte aodoe of soailtatioa 8ha oa Itotta+wer b ~ i lddl ba du®d b nutty the Docks and apporlro{ty b tattr aorreodve adica parFltioor o(thi Section 30. 31. lenrenM itie0emeee. N r110d in tbU Section Zl: (a) •11r7i{dewl ltabltlaoet" Y't 14o1a wbttaloer Aeftord at toab of haaaedoar ruhtttaar, poBMssp~ a rratfsr ~)hnhanarerW Ltnr stl the . hsl4iaider, rOYttie tOtlade, s ~ ate Or t01tk ptloal~ ptodocte„ ta~c3a ptetialdas (b) '$ttKgs4wW Law' toealt ildlet8 Llret rlbrtw or faaphlrTgnde. Ind al~ordlla metrWr lriauadoq wbrs Wr ~y b bated met relate b heath, ralety or m~rlmnmt+ah- proMcdos; (c) 'BnvlrastAwpi Clttoap' ieCludr aaqq tstpotre spina. remedial adbn, or taoord actor, It drtiood h! 13mhamaeotal Law; and (d) m "BaviloanreotAl CO/OdideY' moan a coodhior mat pm eanle. Caa4'Ib110e to. or otherrvire trier am SnYlrormeogt Claano~. st-eas~ c ~~AtIAI Nt1t1 r.w~~N~1 /T~~/~ F~wiWe 1/ef / ~ /"'~ :'s: t '~i:..'• ' r' .: r..~} k...... ;,;. 3 . ~•• '~(I 884PG352~+ eoreoerer ahtil ttot eamee a 9nbeW oee. a' tlt~eesut b sWeees i ewr eliow etee b d0. ~ ~ ~b1lfrDe.~Ceeetw s a tteo enrmea ae.u sot eppy b e'~"m'~'°°i~aa~ tele.e. at. .. .... ~ . ter ` soooedettoe w1 L~dx-Uti>pDRI~[CDNl9rIA1~ ~erro~wer'ret~ eeetl~.wte ..~. ~. u i~.r, .~.r~, e~ewt+eur. r w estte eeaaa ~ uy'e~.~ a~4n aeart~e.r ~ ee~oelenlii .w w e~tlMM w eelfeet ail eg ~~ treeew a, eM+ ~ aee. ~, a reltree et eeq~ Hseeedoett ~ ~9obeugoos, oo a io the Hoaio~ret eWl ant tb~ ~ ~FtgMRy pp dt ie in ~ of eegr imr6aeoeots~ feral ate) dee b the p~el,os. me. a• tekeee of s Wlao that eAeeteeir ~ ~ at ~ Yrc~/y~ ga~eo~ae~ w aw rs~W a~_ ~ dm' ~'iimaa a i~udous ~a~.ea. in om~.axpoareu). ~t aqy .~~~~ `mod ce) eetr eott~lioie teteeeo br w , tats ar >e>4e.e or a r rm~ th. vslae at ~ fir. It ~ leroae. a a m~lied ~ MJ'. ar ~qr D~ Progr~~~jmsed ar ~ nm~on Ltnv. ~ heoeio ~~ ubBpgoe 3. ti~ottonve snd lwoder finWx aorment eetd yroe a totlows: teiir iMd aw tteUee M ltenwrfr fo eooeMntlM IMmnrl~ er ear ye~taeett r t3it ~7 der not ~ ~ c~ r~ .u.~tra. ~ »oa~ ~r ~ :~.u m ~ ~.lMrt.nee.t ue avert ro ~e~r~rre eeeer.er r n ~. >rw... ~ prtttmc of au eeeae eeaned >~ thie betse~eot. this 1eaQitr Iwttemtett .oa the .ewe oo^..ria abn teete~toere eod bsoome raid. Alter meb ao~eaeoce. i.eradet eheil tliecLrje ~ ~ ~ httttumet. sato,rar ehdl pqr ery re«ra ~a^a, l..oarpm, Hottaarrr a tee Ibr ee~ mle . bot aetlr it the tee a to ~ third ~eadaad ad the ~L at ~ tee b Petaodned mtdet Urv. a{. Waiesei. 6on~aeet. b the aame~t by ~-Pliable Lsev. evaira etd celeeea a-s a:ar a dWats b proowdbtp b aollDtae this ~lgettemeot. eod heeebr weiree tbs bmellt of tmy ptaeeb or llpnts here peridi~ tot afar of meectatlon, extaeeion of limo. eeemptlam Sam etgtihmeet, isry eeid eele, ~ ~ BprMd. Bortow~er's time b calugWp p~~ io Sectioa 19 Abell exieod to ale . b qle aoeomeooemeeu of bid0ioj K e ebeeitt's r+~a ar otbec ale pmeotet b Wle Sewtity 9ti. >~eattso ~l It aoy d pn de>K eeoiuad mia SeceQitr Itetntteeeat 41mt b Borso~frt m title b . tiie SeerrJer ipeteoremt ohli !o a petoiaw mane! eeatp~a. 1lonvewr apen that the tatetaet tare prta6ie War s jr~mut 4 mth~ •4~ ..`; :°t ~~e 1bee~ioWU~e ebell be tre sets ppebb from dtae b tine asaBe~ ~~ ~~entr~tw,o:, ..~.,.«,~ rern,soae trot ,~ 1d' ~~~jyZ ~~f}~j y .t~ ,~ • vet ~v~w'i {i~.~ 5 .S ~ ~l BY SIt3NtNQ uww. Ao~eo~a ~oepo~ .na yma eo tue team .oa oavoomts cont~ioed In t6i~ s«~ciry rr.na m e~ Rtaer wrecuted by Borro~var and caovrded.virk ~. n..ia e. woa.no .A„„~„a -~~ ,~i, ~ '~ ~ Zvi#:" ~~....,:.r .'orrowr .~H ~.,. t;.~. . r ~ ~ib , J~-S'~rap~ tom) 1drq~t L. 9.naab.. -~.m...- _ {Sed) -HOAOwK ~~~ ~$~? •~OlNlht •80fPNMlf (3!d) (Sap -Horrors .~~ s9asa~ ~~snn~i w~.:, rer~ sos. +ro~ ws;` .:. ~;.; ' ' {~ 1884PG352b dta caned adpro -wUaNt s~ ~+~ ~ratce R~swo~oM01°~""~Q wooa~w~~~ . do haroby ao~Wy that `c~.riota. st: ApN ~beare- co~oHw~.Ta or r~rlrl8m.v~-rru, ~~~s,~, ~ c..,~y.~ on thb. ~ 11~ day or © ~ , >~,~, ass, th. ~mdehigoed . P1Y ~~ tlarid 6. 9..-a.hv i l1asQ~t L. 1lwdahrx lrnoan to ms (a: Y F+o'+^») to be the paaen(e) ~vhou aaaaata) Wale sabaaibed to dfe vvithhs iaetrumeat aad admowledded dut heJaheJthey aaaeMOed tho ume lbc the purpeee~ bards ooetaioed. W WITNBSS VVHBIIBOF.1 barauow aet hand and ofBrial anal. Idy tbaom~doo sgdree: asu~. ~, rww ~T... w f:'MaaaYMew tae ~l1>M. >l~ ~~~ sstssti~ ~~r•~~ a:o:, M. u d a ~~~ r.a. ao» ~ rot ;~: •,. .. .~ :z ~ ^~:~i: r v: ,.. .. '. 8K 1884PG3527 3tewaR 1 ~uv L~.iVAL OG~C17 Legal descriptbn oithe land: ALL that cerbsM house and lot of ground, situate in the North Ward of the Borough of ~ Cumberland and State of Pennsylvania, being part of Lot No. 11, In the panes! path of said as follows: County of o, bounded ON the North by East Main Street; on the East by Corporation Street; on the South by Church Alley; d an the West by other part~af said Lot No. 11 now or formerly of Flank S. Over Estate, wntaininp thirty ,more or less, to trortt and ons hundred eiphly fast in depth, moro or less. BEING t'arcel No. 27 aD'1T#~14=~~ :,~. EXCEP71Nt3 AND RESEt~TINS ttie~'a+~uthem portion of the s~bove-described tract d {arid prow oonve~red by Lloyd F. Woods and Dorothy S. Woods, hls wffe, to Newville Borough 3chod District, by Oesd August 31, 1848 and recorded In Cumberland County Deed Book Y, Volume 13, at Peps 308, more fully and described as folkyws: ON the South by Church ANey; on the West by property now or f«meriy of Frenk Over heir; ~ Grantors; d which the tray harem conveyed was formerly s part; on the East by Corporation Street. frontage on church Ailey of sixty-ebc feet, more cr toss, lmpn~ved with a two atary 1Fams buUding. ~.YyJv:: ~: t~•~ North by Having a s~~BS~PS~szs . .. Prepayment Pe»ltlty Rider to Seenrity I>astrament ;;, (TaHe Recorded To®ether with security Inebutaent) Ihb PRBlA «A;, ': '7tider') ie made Ibis ilfi+ dq Of OetotNt. 2004 ead aseed~ tLe !, Dud of • . ~ ,Op ~~ ~ lgepeatettt'~ dated ibe eeuu- dale eed =ivw by tY pe~o~e) wbo ~ 6eFw hbe ~"1~~~~~~fi!t•'CaPoraUaa (the 'Lerida") to eeaoe :eprrynwa[ oaf a Ncee !o thea~mt of v su •. ~. t4 a the epeemeate end ptovielou made ie the Nae aad the seauiry laet,umant, troth the Honetra(e) end the Leader t~ber~.lhtlowe lRErAYtYI>rNY' rL'NALTY if 1 prepay tltie beer in tbll wNhio 3 yut(a) 5qm fbe dMe ofth4laen, l agree /a pay a pep~q~o~em pmaNy in ao aetotmt etptel to ti.00lG ~tbe behien of loan ortkerdios on the deoe o<p~y~se~, 'l]de etroimt, knoam r a petudty. wql be b. eddltlou toaqr other eraamtte t nay owe under tha prw6foer of 16a ivoee or qta e~~lnettummt thel eeamee the Nara. if i mdre a pnpayseat is 160 on a alter the 7rd aapiye<aey date of the Ware, xaee Holder wlll 6,npoee m prapaymeut paeadty. ;,~: }. ~,:. ~c~~%~ bevid H. 598364 (07,07> I Certify this to be recorded Xn Cumberland County P~. ;,/~ ~t 1884P~35~9 Exhibit ''B" `~~'"J/~ Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717.240.6390 Fx: 717.240 6397 Plaintiffs: Court Number: Apri12010 U S B k N i l i . . an at ona Assoc ation, as Trustee for Structured Asset Securities Corporation, Mortgage Expiration Date: Pass-Through Certificates,Series 2005-RMSI Type of Action: befendant/s: David H. Handshew and Margarot L. Handshew Service Upon David H: Handshew Address for Service: 32 E Main Street, Newville, Pennsylvania 1724 i Alternate Address for Service: Type of Service: o Adult in Charge ^ Personal ^ Deputize o Certified Mail o Posting (copy of . court order r uired) Special Service Instructions: *'if service is to be made by deputized service to another county please specify which county Filing Attorney's Informatign~~.:i:; ~: Name: Terrencle J. •1t4~Calre;`Esquire, Marc S. Weisberg, Esquire, Edward D. Conway, Esquire, Margaret Gairo, Esquire Address: 123 South Broad Stmt, # 2080 . Philadelphia, PA 19109 Telephone: (215) 790-1010 ..} Request for Service R Thomas Kline Sheriff Cumberland County Office of the Sheriff '~ `'~ 'One Courthouse Squaze ' ~''' ' Carlisle PA 17013 ,.,_ ,~ , . , . ~ ' Ph: 717.240.6390 ` Fxc 717 7.d0 697 Plaintiffs: Court Number: Apri12010 U S k N . . Ban ational Association, as Trustee for Structurcd Asset Securities Corporation, Mortgage Expiration Date: Pass-Through Certificates,Series 2005-iZMSI Type of Action; Dcfendantls: David H. Handshew and Margaret L. Handshew Service Upon: Margaret L. Handshew Address for Service: 32 E Main Street, Newville, Pennsylvania !7241 Alternate Address for Service: Type of Service: ~ ~ ' o Adult in Charge ~ a Personal ' ` ~ o Deputize ^ Certified Mail Q Posting (copy of court order r uired) Spacial Service Instructions: **If service is to be made by deputized scrvice to another county please specify which county Piling Attorney's Information Name: Terrence ]. McCabe, Esquire, Mazc S. Weisberg, Esquire, Edward D. Conway, Esquire, . Mazgazet Gairo, Esquire Address: 123 South Broad Street, # 2080 Philadelphia, PA 19109 Telephone: (215) 790-1010 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQU][RE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 U.S. Bank National Association, as Trustee for Structured Asset Securities Corporation, Mortgage Pass-Through Certificates,Series 2005-RMS 1 10790 Rancho Bernardo Road San Diego, California 92127 v. David H. Handshew 32 E. Main Street ... ,.. , .. Newville, Pennsylvania~ 17241 Margaret L. Handshew 32 >;. Main Street Newville, Pennsylvania 17241 Attorneys for Plalntifl' Cumberland County Court of Common Pleas Number 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 cast 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 SI-IOULD TAKE THIS PAPER TO YOUR LAWYER AT OTfC.E~~. TF: YOU DO NOT HAVE A LAWYER, GO'1`O OIt TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, TH1S OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THATMAY OFFERLEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 ~ I.`a AVISO Le hen demandado a listed en la eorte. Si list quiere defenderst de sates domandas ex-puestas en paginas siguientes, listed tiene veinte (20) dies do pl al partir de la fecha de la demands y la notification, a felts asentar line comparencia escrita o en persona con un abogado y entregar a la eorte to forma a rite sus defenses o sus objeciones a !as demandas en nets de su persona. Sea avisado que si listed nose de nde, la cone tomara medidas y puede continuer la de da en contra suya sin previo aviso o notification. A mss, la eorte puede decidir a favor del demandante y equiere que listed cumpla con todas las provisiones de sate demands. Usted puede perder dinero o sus pro iedades u otros derechos importantes pare listed. USTED LE DEBE TOMAR ESTE P; SUABOGADOINMEDIATAMENTE. SIUS7 TIENE A UN ABOGADO, VA A O TELEFOr OFICINA EXPUSO ABAJO. ESTA OF1CP. PUEDE PROPORCIONAR CON INFORM ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORC PARA EMPLEAR UN ABOGADO, ESTA O1 PUEDE SER CAPAZ DE PROPORCIONARL 1NFORMACION ACERCA DE LAS AGE QUE PUEDEN OFRECER LOS SERA LEGALES A PERSONAS ELEGIBLES 1: HONORARIO REDUCIDO NI NI: HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800)990-9108 A :ALA A LO T10N CON V UN I GUN CMI. ACTION/MORTGAGF~FORECY,O5URE 1. Plaintiff~is~.~LI~`: 13,atik; National Association, as Trustee for Structured Asset . .~;. Corporation, Mortgage Pass-Through Certificates, Series 2005-1ZMS1, a corporation duly organi~ed and doing business at the above captioned address. 2. The Defendant is David H. Handshew, who is the mortgagor and real owners of the mortgaged property hereinafter described, and his/her last-known address is 32 la. Main Street, Ne~wville, Pennsylvania 17241. 3. The Defendant is Margaret L. Handshew, who is the mortgagor and real ownetj of the mortgaged property hereinafter described, and his/her lass-known address is 32 E. Main Street, Ne~wville, Pennsylvania 17241. 4. On October 11, 2004, mortgagors made, executed and delivered a mortgage upon the premises hereinafter desciibcd..tp.lViortga~e Electronic Registration Systems, Inc. as nominee for Corporation which mortgage~is recorded in the Office of the Recorder of Cumberland County in Book 1884, Page 3512. 5. The aforesaid mortgage was thereafter assigned by Mortgage Electronic Systems, Inc. as nominee for EquiFirst Corporation to U.S. Bank National Association, as Trus~ee for Structured Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2005-RM~1, by Assignment of Mortgage, which will be duly recorded in the Office of the Recorder of Cumberland 6. The premises subject to said mortgage is described in the mortgage attached as Exhit~it "A" and is known as 32 E Main Street, Newville, Pennsylvania 17241. 7. The mortgage is in default because monthly payments of principal and interest upo~ said mortgage due January 20, 2010 aid each month thereafter are due and unpaid, and by the terms said .:.lU.:.i a1 irE~L . , ~ ~ mortgage, upon defaulf'in su~h'psij!tiient5'~for a period of one month, the entire principal balance d all interest due thereon are collectible forthwith. 8. The following amounts are due on the mortgage: Principal Balance . $ 106,028.53 Interest through Apri128, 2010 $ 2,960.68 (Plus $22.65 per diem thereafter) Attorney's Fee $ 1,250.00 Late Charges $ 80.62 Corporate Advance $ 279 00 Escrow Advance $ 469.00 r.i GRAND TOTA ~~-~~ ' • ••- '< $ 111,057.83 ,`~.. • ;;~ :uy.:; ~.1r~• 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (4l P.S. §403) and required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapte seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regal with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands in rem Judgment against the Defendant in the s $111,067.83, together with interest at the rate of $22.56 per diem and other costs and charges coll. under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND CONWAY,P.C. ~:;. Attorneys or Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIItE MARGARET GAIRO, ESQUIRE 13, et mail of .t .! ; f ~.:~ ~. ~~ -~ :~~~ . ` VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in within action, and that he/she is authorized to make this verification and that the foregoing facts b. the information from the Plaintiff, who is not available to sign this, are true and correct to the best his/her knowledge, information and belief and further states that false statements herein are made to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. TERRENCE J. McCABE, ESQUIRE ... MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE McCABE, WEISBERG AND CONWAY .C. BY: Attorneys for Plaintiff on t Exhibit "C" ' Webmail: beckylee3244@embargmail.com Webmail Collaboration Suite ti~~-~y Page 1 of 2 beckylee3244@embargmail.com Dave Handshew From: sabrinahandshew@yahoo.com To: beckylee3244@embargmail.com McCabe, Weisberg and Conway, P.C. By: Terrence J. McCabe, Esquire-ID # 16496 Marc S. Weisberg, Esquire-ID # 17616 Edward D. Conway, Esquire-ID # 34687 Margaret Gairo, Esquire-ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 U.S. Bank National Association, as Trustee for Structured Asset Securities Corporation, Mortage Pass-Through Certificates, Series 2005-RMSl Number 10-2928 Civil Term 10790 Rancho Bernado Road San Diego, California 92127 v. David H. Handshew 32 E. Main Street Newville, Pennsylvania 17241 Margaret L. Handshew 32 E. Main Street Newville, Pennsylvania 17241 Friday, May 21, 2010 12:42:49 PM Attorneys for Plaintiff Cumberland County Court of Common Pleas CIVIL ACTION/MORTGAGE FORECLOSURE N~ W p ANSWER TO CIVIL, ACTION/MORTGAGE FORECLOSURE 1. Agreed. 2. Agreed. 3. Agreed. 4• Agreed. 5• Agreed. 6. Agreed. 7. Denied. Defendants have made monthly payment ~ the stun of $806.26 continously throu h Apri12010. g 8. Denied. As Defendant did make monthly payments in the sum of $806.26, the late charges and interest are incorrect. 9. Agreed. Wherefore, Defendant is contesting the amount owed. avid H. andshew Defendant Mang et L. Hands ew Defendant New PAGE___________________ ------------------ VERIFICATION The undersigned hereby certifies that he/she is the Defendant in the within action, and that all facts are true and correct to the best of his/her knowledge. David H. Hands ew Defendant Mazgax t~d Defendant http://md25.embazq.synacor.com/zimbra/mail 5/21 /2010 Exhibit "D" LAW OFFICES TERRENCE ]. McCABE••' McCABE, WEISBERG & CONWY P.C. MARC S. WEISBERG•• SUITE 2080 _ EDWARD D. CONWAY 123 SOUTH BROAD STREET 216 HADDON AVENUE MARGARET GA1R0 PHILADELPHIA PA 19109 WESTMONT, NJ 08108 LISA L.. WALLACE+t BRENDA L. BROGDON• (215) 790-1010 FAX (8567 858 7020 FRANK DUBIN FAX (215) 790-1274 ANDREW L. MARKOWITZ SUITE 401 GAYL C. SPIVAK' 145 HUGUENOT STREET HEIDI R. SPIVAK• NEW ROCHELLE, NY 10801 SCOTT TAGGART• (914}636-8900 MARISA COHEN' FAX (914}636-8901 KATHERINE SANTANGINI^^ Also servicing Com~ecticut IASON BROOKS^ DEBORAH K. CURRANT. May 26, 2010 LAURA H.G. O'SULLIVAN~ stJ1TE 302 STEPHANIE H. HURLEY•• 8101 SANDY SPRING ROAD MARGARET MARY BALMFORTH•< LAUREL, MD 20707 ADRIENNE CHAPMAN^^^ (301) 490-3361 FAX (301) 490-1568 Also servicing the District of Colmnbia and Virginia • Lic~ned io PA k N1 •' Licaued io PA k NY ^ Licensed in Nl' ^^ l.iceaecd io lW » Licenecd'm PA k WA ••• Liw~sedm PA, NJ k NY Y Licosed ro NY k CT • Litmf W io MD k DC •• Liomsed'm MD + Mannpna Aaornry far NY t Man»po~ Ananry for MD < Lixnsed io VA F~ECOIY David H. Handshew and Mazgazet L. Handshew, Pro Se 32 E. Main Street Newville, Pennsylvania 17241 RE: U.S. Bank National Association, as Trustee for Structured Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2005-RMS1 v. David H. Handshew and Margaret L. Handshew CCP, Cumberland County, Number 10.2928 Civil Term Deaz David and Mazgazet Handshew: Of Counscl IOSEPH F. RIGA• - PA & NJ Enclosed please find a Request for Admissions relative to the above matter. Kindly provide a response to same within thirty (30) days in accordance with the Pennsylvania Rules of Civil Procedure. Thank you for your attention to this matter. Very truly yours, ~J MARC S. WEISBERG, ESQUIRE MS W/Ima encl This is a communication from. a debt collector. This letter may be an attempt to collect a debt and any i>lformation obtained will be used for that purpose. TO THE HEREIN DEFENDANTS: YOU ARE HEREBY NOT"IFIIED T'O PLEAD TO THE ENCLOSED PLEADING WITHIN THIRTY (30) DAYS OF SERVICE TEIEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU McCABE, WEISBERG & CONWAY, P.C. BY: MARC S. WEISBERG, ESQUIRE Identification Number 27616 123 South Broad Street, Suite 20$0 Philadelphia, Pennsylvania 19109 (215) 790-1010 U.S. Bank National Association, as Trustee for Structured Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2005-RMS 1 v. David H. Handshew and Margaret L. Handshew ATTORNEY FOR PLAINTIFF Attorney for Plaintiff Cumberland County Court of Common Pleas Number 10-2928 Civil Term REQUEST FOR ADMISSIONS Pursuant to the Pennsylvania Rules of Civil Procedure, Rule 4014, Plaintiff has served upon you a written Request for Admissions for the purpose of the pending action, relating to statements or opinions of fact or the application of law to fact, including the genuineness, authenticity, correctness, execution, signing, delivery, mailing or receipt of any document described in the request. Note that each allegation set forth will be admitted unless, within thirty (30) days after service of the request, or within such shorter time or longer time as the Court may allow, the party to whom the request is directed, shall serve upon the party requesting the admission, a verified answer by a party or an objection, signed by the party or his attorney. For the purposes of this Request for Admissions, U.S. Bank National Association, as Trustee for Structured Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2005-RMS 1 will be hereafter termed "Plaintiff," and David H. Handshew and Margaret L. Handshew will be termed "Defendants." 1. The mortgage forplaintiffis in default because monthlypayments ofprincipal and interest upon said mortgage due January 20, 2010 and each month thereafter are unpaid. If the above request for admission is denied, attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. 2. The principal balance due on the mortgage is $106,028.53. If the above request for admission is denied, attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. 3. The interest per diem is $22.66, and the interest due on the note and mortgage through Apri128, 2010 is $2,960.68. If the above request for admission is denied, attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. 4. Plaintiff sent Act 6 and Act 91 letters which were received by defendants. If the above request for admission is denied, attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. 5. T'he Act 6 and Act 91 letters sent to defendants complied with all statutory requirements. If the above request for admission is denied, attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. 6. Attorney's fees are in conformity with the mortgage loan documents and Pennsylvania Law. If the above request for admission is denied, attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. Respectfully submitted, McCABE, WEISBERG & CONWAY, P.C. BY: MARC S. WEISBERG, ESQ Attorney for Plaintiff McCABE, WEISBERG & CONWAY, P.C. BY: MARC S. WEISBERG, ESQUIRE Identification No. 17616 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff U.S. Bank National Association, as Trustee for Structured Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2005-RMS 1 v. David H. Handshew and Mazgazet L. Handshew Cumberland County Court of Common Pleas Number 10-2928 Civil Term CERTIFICATE OF SERVICE I, Mazc S. Weisberg, Esquire, attorney for Plaintiff, hereby certify that a true and correct copy of the within Request for Admissions was served on the below party on the 26th day of May, 2010, by the United States mail, first class: David H. Handshew, Pro Se 32 E. Main Street Newville, Pennsylvania 17241 and Mazgazet L. Handshew, Pro Se 32 E. Main Street Newville, Pennsylvania 17241 DATE: 1 2 (~ (~ MARC S. WEISB RG, ESQUIRE Exhibit "E" Chase Home Finance LLC (TX1-2303) ~~~' 2901 Kinwest Parkway Irving, TX 75063-3134 71078381654044974019 March 22, 2010 0-746-47202-0000008-001-011-100-000.000 DAVID H HANDSHEW 32 E MAIN ST NEWVILLE PA 17241-1111 Your house is your home. We want to keep it that way. We need to talk--call (800) 548-7916 today. You're going through tough times-we can help. In fact, we believeyour home loan may be eligible for a loan modification program-we may be able to change the term of your loan, the interest rate, and maybe even the principal due date, to reduce the monthly payment to an amount you can afford. Call us today at (800) 548-7916 so we can help you turn things around. We'll discuss your current situation (outlined in the enclosed letter) and the options available to you. But we cannot stress enough that the longer you delay calling u~the fewer chances you may have to keep your home. It will only take a few minutes on the phone-one of our Loan Specialists will work with you to determine the option that best fits your needs. There are several options availablo-call us now and let's see which one will work best for you. We are committed to working with you to find a way to help you keep your homebut you must call us immediately at (800) 548-7916-the longer you delay the fewer options you may have. Collections Department Chase Home Finance LLC (800) 548-7916 (800) 582-0542 TDD /Text Telephone P.S. The enclosed legal letter outlines, in detail, your current situation andthe consequences that will occur unless we receive the required financial information from you and can approve you for a modification.Once you call us with the information needed, then we can work together to determine the option that will work best for you. We cannot guarantee that you will be approved, but your only chance of saving your home is by contacting us immediately. Please don't delay--call us now at (800) 548-7916. FCL MTM Chase Home Finance LLC (TX1-2303) 2901 Kinwest Parkway Irving, TX 75063-3134 March 22, 2010 0-746-47202-0000008-001-011.100-000-000 DAVID H HANDSHEW 32 E MAIN ST NEWVILLE PA 17241-1111 Acceleration Warning (Notice of Intent to Foreclose) Account: 19330133 (the "Loan") Property Address: 32E MAIN ST NEWVILLE, PA 17241 (the "Property") Original Lender: Chase Home Finance LLC Dear Mortgagor(s): ACT 91 NOTICE CHASE O 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 HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll-free at (800) 342-2397. (Persons with impaired hearing may call [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 maybe able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VNIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARR UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NUMBER: CURRENT LENDER/SERVICER: DAVID H HANDSHEW MARGARET L HANDSHEW 32E MAIN ST NEWVILLE, PA 17241 19330133 Chase Home Finance LLC HOMEOWNERS' 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 HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAYBE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE REASONABLE PROSPECTS OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU (vIEET 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 Homeowners' Emergency Mortgage Assistance Program. To do so, you must fill out, sign, and file a completed Homeowners' 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 Pennsylvania Housing Finance Agency 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 THIRTY-THREE (33) DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH THE PENNSYLVANIA HOUSING FINANCE AGENCY WITHIN THIRTY (30) DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE ACTION AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." YOU HAVE 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 requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT--The Mortgage debt held by the above lender on your property located at: 32E MAIN ST, NEWVILLE, PA 17241 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS starting 01/20/2010 through 03/20/2010, and the following amounts are now past due. If you have any questions about the amounts below, please contact us as soon as possible at (800) 548-7916. Total Monthly Payments Past Due: $3204.21 Late Charges: $40.31 Other Fees: $0.00 TOTAL AMOUNT DUE TO CURE DEFAULT : $3244.52 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 $3244.52 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30)-DAY PERIOD. Accounts not including an escrow monthly deposit may not reflect the entire escrow amount advanced and due on the loan. Payments must be made in the form of cash, cashier's check, money order, or certified check and sent to: Regular Mail: Chase Home Finance LLC Mail Code AZ1-2175 PO BOX 78420 Phoenix, AZ 85062-8420 Overnight Mail: Chase Home Finance LLC Attention BOX 78420 Mail Code AZ1-2175 1820 East Sky Harbor Circle South Phoenix, AZ 85034-9700 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 foreclose 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 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 fees actually incurred by the lender even if they exceed $50.00. Any attorney 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 fees. OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured the default within the THIRTY (30)-DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one 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 fees and costs connected with the foreclosure sale and any other costs connected with the sheriffs sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a sheriff's sale of the mortgaged property could be held would be approximately five to six (5-6) 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: Name of Lender: Address: Phone Number: Fax Number: Contact Person: E-Mail Address: Chase Home Finance LLC Mail Code CA2-0818 PO BOX 509011 San Diego, CA 92150-9011 (800) 548-7916 (877) 287-7559 Thomas McQuillan thomas. c. mcquillan@j purchase. com EFFECT OF SHERIFF'S SALE--You should realize that a sheriffs sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the sheriffs sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE--You might 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 fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. To determine eligibility, you must contact our office to verify the assumability of your property. 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 OF 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. An important reminder for all our customers: As stated in the "Questions and Answers for Borrowers about the Homeowner Affordability and Stability Plan" distributed by the Obama Administration, "Borrowers should beware of any organization that attempts to charge a fee for housing counseling or modification of a delinquent loan, especially if they require a fee in advance." Chase offers loan modification assistance free of charge (i.e., no modification fee required). Please call us immediately at (800) 548-7916 to discuss your options. The longer you delay the fewer options you may have. Chase Home Finance LLC is attempting to collect a debt, and any information obtained will be used for that purpose. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account maybe reflected in your credit report. Sincerely, Collections Department Chase Home Finance LLC (800) 548-7916 (800) 582-0542 TDD /Text Telephone Enclosures 1. HEMAP Consumer Credit Counseling Agencies 2. Homeowner's Assistance Brochure CERTIFIED MAIL: Return Receipt Requested and First Class Mail BR850 Chase Home Finance LLC (TX1-2303) ~~~'~ 2901 Kinwest Parkway Irving, TX 75063-3134 71078381654044974026 March 22, 2010 7aas-a7zo2-oooooos-oo~-o~ ~-goo-ooo-ooo MARGARET L HANDSHEW 32 E MAIN ST NEWVILLE PA 17241-1111 Your house is your home. We want to keep it that way. We need to talk--call (800) 548-7916 today. You're going through tough times-we can help. In fact, we believeyour home loan may be eligible for a loan modification program we may be able to change the term of your loan, the interest rate, and maybe even the principal due date, to reduce the monthly payment to an amount you can afford. Call us today at (800) 548-7916 so we can help you turn things around. We'll discuss your current situation (outlined in the enclosed letter) and the options available to you. But we cannot stress enough that the longer you delay calling usthe fewer chances you may have to keep your home. It will only take a few minutes on the phone-one of our Loan Specialists will work with you to determine the option that best fits your needs. There are several options available-call us now and let's see which one will work best for you. We are committed to working with you to find a way to help you keep your homyebut you must call us immediately at (800) 548-7916-the longer you delay the fewer options you may have. Collections Department Chase Home Finance LLC (800) 548-7916 (800) 582-0542 TDD /Text Telephone P.S. The enclosed legal letter outlines, in detail, your current situation andthe consequences that will occur unless we receive the required financial information from you and can approve you for a modification.Once you call us with the information needed, then we can work together to determine the option that will work best for you. We cannot guarantee that you will be approved, but your only chance of saving your home is by contacting us immediately. Please don't delay--call us now at (800) 548-7916. FCL MTM Chase Home Finance LLC (TX1-2303) 2901 Kinwest Parkway Irving, TX 75063-3134 March 22, 2010 7aas-a72o2-0ooooos-oo~-o~ ~ -~ oo-ooo-ooo MARGARETLHANDSHEW 32 E MAIN ST NEWVILLE PA 17241-1111 Acceleration Warning (Notice of Intent to Foreclose) Account: 19330133 (the "Loan") Property Address: 32E MAIN ST NEWVILLE, PA 17241 (the "Property") Original Lender: Chase Home Finance LLC Dear Mortgagor(s): ACT 91 NOTICE ~HasE O 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 HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your county aze listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll-free at (800) .342-2397. (Persons with impaired heazing may call [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 baz association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA 1MPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARR UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NUMBER: CURRENT LENDER/SERVICER: MARGARET L HANDSHEW MARGARET L HANDSHEW 32E MAIN ST NEWVILLE, PA 17241 19330133 Chase Home Finance LLC HOMEOWNERS' 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 HOMEOWNERS' 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 REASONABLE PROSPECTS 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 Homeowners' Emergency Mortgage Assistance Program. To do so, you must fill out, sign, and file a completed Homeowners' 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 Pennsylvania Housing Finance Agency 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 THIRTY-THREE (33) DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH THE PENNSYLVANIA HOUSING FINANCE AGENCY WITHIN THIRTY (30) DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE ACTION AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." YOU HAVE 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 requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT--The Mortgage debt held by the above lender on your property located at: 32E MAIN ST, NEWVILLE, PA 17241 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS starting 01/20/2010 through 03/20/2010, and the following amounts are now past due. If you have any questions about the amounts below, please contact us as soon as possible at (800) 548-7916. Total Monthly Payments Past Due: $3204.21 Late Charges: $40.31 Other Fees: $0.00 TOTAL AMOUNT DUE TO CURE DEFAULT : $3244.52 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 $3244.52 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIltTY (30)-DAY PERIOD. Accounts not including an escrow monthly deposit may not reflect the entire escrow amount advanced and due on the loan. Payments must be made in the form of cash, cashier's check, money order, or certified check and sent to: Regular Mail: Chase Home Finance LLC Mail Code AZ1-2175 PO BOX 78420 Phoenix, AZ 85062-8420 Overnight Mail: Chase Home Finance LLC Attention BOX 78420 Mail Code AZ1-2175 1820 East Sky Harbor Circle South Phoenix, AZ 85034-9700 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 foreclose 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 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 fees actually incurred by the lender even if they exceed $50.00. Any attorney 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 fees. OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured the default within the THIRTY (30)-DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the sheriffs sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney fees and costs connected with the foreclosure sale and any other costs connected with the sheriffs sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a sheriff's sale of the mortgaged property could be held would be approximately five to six (5-6) months from the date of this Notice. A notice of the actual date of the sheriffs sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Phone Number: Fax Number: Contact Person: E-Mail Address: Chase Home Finance LLC Mail Code CA2-0818 PO BOX 509011 San Diego, CA 92150-9011 (800) 548-7916 (877) 287-7559 Thomas McQuillan tomas. c.rncquillan@j purchase. com 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 sheriffs sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE--You might 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 fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. To determine eligibility, you must contact our office to verify the assumability of your property. 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 OF 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. An important reminder for all our customers: As stated in the "Questions and Answers for Borrowers about the Homeowner Affordability and Stability Plan" distributed by the Obama Administration, "Borrowers should beware of any organization that attempts to charge a fee for housing counseling or modification of a delinquent loan, especially if they require a fee in advance." Chase offers loan modification assistance free of charge (i.e., no modification fee required). Please call us immediately at (800) 548-7916 to discuss your options. The longer you delay the fewer options you may have. Chase Home Finance LLC is attempting to collect a debt, and any information obtained will be used for that purpose. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. Sincerely, Collections Department Chase Home Finance LLC (800) 548-7916 (800) 582-0542 TDD /Text Telephone Enclosures 1. HEMAP Consumer Credit Counseling Agencies 2. Homeowner's Assistance Brochure CERTIFIED MAIL: Return Receipt Requested and First Class Mail BR850 Exhibit "F" McCABE, WEISBERG & CONWAY, P.C. BY: Marc S. Weisberg, ESQUIRE Attorney for Plaintiff Identification Number 17616 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 U.S. Bank National Association, as Trustee for Structured Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2005-ItMS 1 Cumberland County Court of Common Pleas Number 10-2928 Civil Term v. David H. Handshew and Margaret L. Handshew AFFIDAVIT I, Whitney K. Cook, am the Assistant Secretary of U.S. Bank National Association, as Trustee for Structured Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2005-RMS1, and am custodian of the account and records of the defendants, with personal knowledge thereof. I am the keeper of the records and they are business records kept in the ordinary course of business. 2. On October 11, 2004, the defendants entered into an agreement with plaintiff, or plaintiff s predecessor in interest, which gave the defendants a mortgage loan. The mortgage was subsequently assigned to plaintiff herein. On October 11, 2004, as security for this mortgage loan, defendants made, executed and delivered a mortgage on the premises described in Plaintiff s Complaint. A copy of said mortgage with legal description of the premises is attached to the summary judgment motion and marked as Exhibit "A". 4. The defendants are in default of the mortgage in that payments of principal, interest, attorney fee's and costs upon said mortgage due January 20, 2010, and for each and every month thereafter, have not been paid and are due and owing. The payment history is attached hereto as part of this affidavit. The Note evidencing the interest rate charged to defendants is attached hereto as is the Assignment of Mortgage to plaintiff herein as is the payment history. The records are accurate and kept in the normal course of business. 5. The records attached hereto are business records which are created and maintained in the usual course of business. Such records are created and maintained using a reliable computer system and using established procedures for entering and retrieving data. The records attached hereto were obtained using the proper procedure(s) for the requesting and obtaining of information contained in the computer system and I recognize the attached as the records they purport to be. The information contained in the attached records is correct and accurate to the best of my knowledge, information and belief. 6. The mortgage has an acceleration clause which permits plaintiff to foreclose on the mortgage by judicial proceedings and sell the property at Sheriffs Sale. 7. On or about March 22, 2010, notices were sent out to defendants as required under Act 6 andlor Act 91. 8. Because the defendants are in default, the plaintiff now requests this Honorable Court to grant summary judgment and enter judgment against defendants. The amounts due and owing by the Defendants to the Plaintiffs are as follows: Principal Balance $ 106,028.53 Interest through July 23, 2010 $ 4,914.96 (Plus $22.66 per diem thereafter) Attorney's Fee $ 2,000.00 Late Charges $ 80.62 Corporate Advance $ 592.50 Escrow Advance $ 14.77 Suspense Balance $ -1,612.52 GRAND TOTAL $ 112,018.86 Whitney K. Cook The undersigned, ,hereby certifies that he/she is the ~ Mary of the Plaintiff (LT.S. Bank National Association, as Trustee for Structured Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2005-RMS 1) in the within action, and that he/she is authorized to make this verification and that the forgoing facts are true and correct to the best of his/her knowledge, information and belief, and further states that false statements herein are made subject to the penalties of 18 PA.C.S.§4904 relating to unsworn falsification to authorities. "Chase Home Finance LLC As-Attorney-l n-Fact-For Name Assistant Sesretarv Title SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF 2010. NOTARY PUBLICPaula K. Barz Dater ~! U Paula K Bazt Notary Public, Stabs of Otao My Commission Expires 07,27 2~tt • NOTE October 11, 2004 Newville (Due) (City) 32 East Main Street, Newville, PA 17241 (Propury Addren) C~ tdiN 100200100059a3i419 PA (Suro) ~e 1. BORROWER'S PROMISE TO PAY In return for s loan that I have roaived, I promise to pay U.S. S 112,000.00 (this amount is celled "principal"), plus interact, to the order of the Leader The Lender is EquiFirst Corporation I will make ell peymeMs under this Note in the form of cash, check or money order. I understand that the Lander may transfer this Note. The Lender or anyone who takes this Note by transfer and who isentitkd to receive payments under this note is called the "Note Holder." 2. INTEREST Interest will be charged an unpaid principal until the tirll amount of priori has boon paid. I will pay interest at a yearly rate oT 7.800'Y.. The iate~eat rate required by this Sectlai 3 is the rate I will pay both befae and after say delituh described in Section 6(B) of this Note. 3. PAYMENTS (A) Tim a and Place of Peym cots I will p. ay principal arHi interest by making a payment every month. I will make my monthly payment on the 20th day of each month be inning on November 20, 2004. I will make these payments every month until I have paid all of the ptinci~l and interest and any other charges described below dru I may owe under this Note. Each monthly payment will be applied as of it's scheduled due date and will be applied to intaroat before principal. If on, October 20, 2034 ,1 still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "maturity die." I will make my monthlyy psyamts at EquiFirst Corporation , S00 Forest Point Circle ,Charlotte, NC 28273 or at a different place if required by the Noto Holder. ($) Amount of Monthly Payments My monthly payment will be in the amount of U.S. S 806.26 . 4. BORROWER'S RIGHT TO PREPAY (A) Prepayment I have the right to make payments of principal at any time before thry are dtro. A payment of principal only is ktrowo as a "prepayment". When I make a propaymeai, I wtll tell the Note Holder in writing that 1 am doing ao. If I make s partial propayment, there will be no changes m the due date or in the amount of my marthly payment unless the Note Holder agroes in writing to those changes. (B) Prepayment Penalty If 1 prepay this loan in full within 3 y s) from the date of this loan, [agree to pay a pro~Xmeat penalty in an amount equal to 6.OOY. of the bsiana of the ban outstanding oa the date of prepayma~t. 7'hla amount, known as a pprepsXmeat penalty, will ba in addition to any other amounts 1 may owe under the provisions of the Note or the Secunty Instrument that aecura the Note. If I make a propayment in Cull on or attar the 3rd anniversary date of the Note, the Note Holder w111 impose rw prepayment penalty. Mulitatate Fixed Rate Note-Single Family (EFSN) 2/00 (Peruuylvania Version) ~,/~ Loan Number 598564 Fage 1 of 3 InitialsNj~"'~~/ C7~ S. LOAN CHARGBS • • If a law, which applies to this loan and which seb maximum loan charges, is finally interproted so that the interost or other loan charges collected or to be collected in connection with this loan excad the permitted Ilmits, then: (i) any such loan charge shall be roduced by the amount nece to recce the charge to the permitted limit: sad (ii) any sums airoaay collected from era which exceeded partailimib will be refunded tome. Tha Note Holder may choose to make this rofuad b~ rcduciag the QrincrPal I owe under ffiia Note or by makiag a direct payment to me. If a rotund roduces principal, the roductton will ba treated es a partial propayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Lata Charge for Overdue Payments if the Note Holder has not received the full amount of any monthly payment by the and of I S calendar days after the dace it is due,1 will day a late charge to the Nota Holder. The amount of the charge will be 5.00 K of my overdue payment ofprincipa and interost. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the Cull amount of each monthly payment on the date it is due, [will be in default. (C) Notice of Default If I am in detrtult, the Note holder may send me a written aotice telling me that if 1 do sot pay the overdue amount by a cartels date, the Noce Holder may roquiro ma to pay immediately the Cull amotmt of principal which has not base paid and all the interest that I owe oa chef amount. That date moat be at leeaatt 30 days after the data on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even it; at a tlme when I sm in default, the Note Holder does sot raquiro ma to pay immediately in full as described above, the Note Holder will still Gave the right to do so if 1 am in default at a later time. (E) Payyment of Nota Holder'i Costs aced Ezpansas If the Tiote Holder has roquirod me to pay immediately in full as descrlbed above, the Nota Holder will have the right to be id beck by me for all of its coati and expenses Ice enforcing this Note to the extent not prohibhad by applicable law. Those expenses ioeluda, for example, tesaonsble attorneys' fees. 7. GIVING OF NOTICES Unless applicable Iew roquiros a different method, any notice that must be given to me under this Note will be given by delivering it or by maillag it by first class mail to ma et the Property Address above or at a different address if t give the Note Holder a mice of my different address. Any notice that must be gives to the Note Holder under thu Note will be given by delivering it or mailing k by fast class mail to the Note Holder at the sddren stated in Section 3(A) above or a different address i 1 am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If moro than oaa parson signs this Note, aeh parson is fully and pwsonai~ obligated to keep ell of the promises made is this Note, including the promise to pay the Cull amount owe Any parson who is a Quarentor, surety or endorser of this Note is also obligated to do those things. Aay RC10n who take over these obligations, including the obligation of a uarantor, suroty ~ endorser of this Noes, a also obligated rb keep all of the promises made in this Note. The Note older may enforce ib rights uadar this Nota against aac6 pawnn ladivi~wly or against ail'af us together. This means that any one of w may be raquirod to pay all of the amounb owed under this Nora. 9. WAIVERS I end any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" moans the right to roquirc the Note Holder to demand payment of amounb due. "Notice of dishonor" moans the fight to rcquiro the Note Holder to give notice to other persons that amounb due have not been paid. EFSN Loan Number 598584 Page 2 of 3 Initials aJ:'~* r' m~ 10. UNIFORM SECURED NO~ • This Note is a uniform instrument with limited variations in soma jurisdictions. In addition to the protections given to the Note Holder under this Nok, a Mortgage, Deed of Trust or Security Dead (the "Security Instroment"~ dated the same dale as thin Note, prokcta the Note Holder from posaibla bsaea which might result if I do not keep the promises which 1 make in this Note. That Security instrument deacnbes how and under what condhbna I may ba squired to make irtunediata payment in full of all amounts 1 owe under this Nok. Soma of those conditions are described as follows: If ail or any part of the Property or any inkrest in the Property is sold or transferred (or If Bamower is not a natural person and a beneficial intesat is Borrower is sold or transferred ),without Lenderh prior written consent, Lender may regain immediak psymant in full of ell sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibked by Applicable law. If Lender axerciata this option, Lender shall giro Borrower notice of acceleration. The notice shall provide a period of not leas than 30 days from the date the notice is given in axordance with Section l5 within which Borrower must pay ail sums secured b~ this Security Instrument. If Borrower fails to pay these sums prior to the expiration of thrs period, Lender may invoke any smedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED ~.r~ t~~~r.~,ezt'~ cSeal, David H. Handshew .Borrower '~r~ce ~ - ,~!~ ~ , . (sue,) Margaret L. Handahew -Borrower (Seal) (Baal) -Borrower -Borrower (Seal) (Baal) -Borrower -Borrower (Seal) (Seal) -Bortower -Borrower EFSN ,~/~~~ Loan Number 598584 Page 3 of 3 Initials ~~' h7~~~ SER1 0019330133 CUSTOMER SERVICE Ilw C14/001 05/25/10 10:49:16 DAVID H HANDSHEW 190-52-5287 OC TYPE CONY. RES. MAN 0 MARGARET L HANDSHEW 161-54-2298 IR 7.80000 BR 00 717-776-1207 32 E MAIN ST NEWVILLE PA 17241 1 717-776-6601 _ < CID 717-776-1207, GT30 >: 05/12/10 ----~HIST----------------------* LOAN HISTORY *--------------------------(MORE) PROC-DT DUE-DT TRAN TRAN-DESCRIPTION TRAN-EFFECTIVE-DATE TRAN-AMT PRINCIl'AL INTEREST ESCROW AMOUNT/CD/DESCRIPTION OS-12-10 00-00 633 MISC FORECLOSURE AND BANKRUPTCY EXPENSES 14.00 0.00 0.00 0.00 14.00 MTGR REC CORP ADV BA OS-10-10 00-00 633 MISC FORECLOSURE AND BANKRUPTCY EXPENSES 60.00 0.00 0.00 0.00 60.00 MTGR REC CORP ADV BA 04-30-10 O 1-10 172 PAYMENT 04-29-10 806.26 0.00 0.00 0.00 806.26 04-07-10 00-00 633 MISC FORECLOSURE AND BANKRUPTCY EXPENSES 265.00 0..00 0.00 0.00 265.00 MTGR REC CORP ADV BA 04-OS-10 01-10 .152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 40.31-1 LATE CHARGE 04-OS-10 01-10 161 ESCROW ADVANCE 454.23 0.00 0.00 454.23 PROC-DT DUE-DT TRAN TRAN-DESCRIPTION TRAN-EFFECTIVE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 04-OS-10 03-10 315 BOROUGH TAX 454.23- 0.00 0.00 454.23- PAYEE = 370410016 469.00- 04-01-10 O l -10 172 PAYMENT 806.26 0.00 0.00 0.00 806.26 03-29-10 00-00 633 MISC FORECLOSURE AND BANKRUPTCY EXPENSES 14.00 0.00 0.00 0.00 14.00 MTGR REC CORP ADV BA 03-08-10 01-10 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 40.31-1 LATE CHARGE 03-04-10 01-10 168 REPAY OF ESCROW ADVANCE 0.00 0.00 0.00 198.02- 198.02 PROC-DT DUE-DT TRAN TRAN-DESCRIPTION TRAN-EFFECTIVE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 03-04-10 01-10 173 PAYMENT 0.00 0.00 0.00 198.02 198.02- 14.77- 03-02-10 01-10 173 PAYMENT 0.00 0.00 0.00 0.00 5.00 H PAYMENT HISTORY 5.00- 03-02-10 O l -10 173 PAYMENT 0.00 0.00 0.00 0.00 80.62 1 LATE CHARGE 80.62- 03-01-10 12-09 168 REPAY OF ESCROW ADVANCE 0.00 0.00 0.00 261.81- 261.81 PROC-DT DUE-DT TRAN TRAN-DESCRIPTION TRAN-EFFECTNE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CDlDESCRIPTION 03-01-10 12-09 172 PAYMENT 1,068.07 116.32 689.94 261.81 106,028.53 212.79- 03-01-10 12-09 172 PAYMENT 1,068.07- 0:00 0.00 0.00 1,068.07- 03-01-10 12-09 172 PAYMENT 806.26 0.00 0.00 0.00 806.26 02-23-10 00-00 633 MISC FORECLOSURE AND BANKRUPTCY EXPENSES 14.00 0.00 0.00 0.00 14.00 3RD REC CORP ADV 02-04-10 12-09 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 40.31-1 LATE CHARGE PROC-DT DUE-DT TRAN TRAN-DESCRIPTION TRAN-EFFECTNE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 01-29-10 11-09 168 REPAY OF ESCROW ADVANCE 0.00 O.QO 0.00 260.81- 260.81 O 1-29-10 11-09 :172 PAYMENT 1,067.07 115.57 690.69 260.81 106,144.85 474.60- 01-29-10 11-09 172 PAYMENT 1,067.07- 0:00 0.00 0.00 1,067.07- 01-29-10 11-09 172 PAYMENT 806.26 0.00 0.00 0.00 806.26 01-13-10 00-00 633 MISC FORECLOSURE AND BANKRUPTCY EXPENSES 14.00 0.00 0.00 0.00 14.00 3RD REC CORP ADV PROC-DT DUE-DT TRAN TRAN-DESCRIPTION TRAN-EFFECTNE-DATE TRAN-AMT PRINCIl'AL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 01-04-10 11-09 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 40.31-1 LATE CHARGE O 1-04-10 11-09 172 PAYMENT O 1-02-10 806.26 0.00 0.00 0.00 806.26 12-30-09 11-09 168 REPAY OF ESCROW ADVANCE 0.00 0.00 0.00 123.40- 123.40 12-30-09 11-09 -173 PAYMENT 0.00 0.00 0.00 123.40 123.40- 735.41- 12-07-09 11-09 173 PAYMENT 0.00 0.00 0.00 0.00 40.31 1 LATE CHARGE 40.31- PROC-DT DUE-DT TRAN TRAN-DESCRIPTION TRAN-EFFECTNE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 12-OS-09 11-09 152 LATE CHARGE ASSESSMENT 0.00 , 0.00 0.00 0.00 40.31-1 LATE CHARGE 11-27-09 11-09 173 PAYMENT 0.00 0.00 0.00 0.00 120.93 1 LATE CHARGE 120.93- 11-25-09 10-09 168 REPAY OF ESCROW ADVANCE 0.00 0.00 0.00 260.81- 260.81 11-25-09 10-09 172 PAYMENT 1,067.07 114.82 6!91.44 260.81 106,260.42 858.81- 11-25-09 10-09 172 PA~'MENT 1,067.07- 0.00 0.00 0.00 1,067.07- PROC-DT DUE-DT TRAN IRAN-DESCRIPTION TRAN-EFFECTIVE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 11-25-09 10-09 172 PAYMENT 806.26 0.00 O.p0 0.00 806.26 11-04-09 10-09 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 40.31-1 LATE CHARGE 10-26-09 09-09 168 REPAY OF ESCROW ADVANCE 0.00 0.00 0.00 260.81- 260.81 10-26-09 09-09 172 PAYMENT 1,067.07 114.08 692.18 260.81 106,375.24 1,119.62- 10-26-09 09-09 172 PAYMENT 1,067.07- 0.00 0.:.00 0.00 1,067.07- PROC-DT DUE-DT TRAN TRAN-DESCRIPTION TRAN-EFFECTIVE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 10-26-09 09-09 .172 PAYMENT 806.26 0.00 0.00 0.00 806.26 10-OS-09 09-09 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 40.31-1 LATE CHARGE 09-28-09 09-09 172 PAYMENT 806.26 0.00 O.p0 0.00 806.26 08-31-09 08-09 .174 PAYMENT 0.00 113.34 69.92 0.00 806.26- 106,489,32 08-29-09 08-09 172 PAYMENT 806.26 0.00 0.00 0.00 806.26 PROC-DT DUE-DT TRAN TRAN-DESCRIPTION TRAN-EFFECTIVE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 08-14-09 08-09 161 1,380.43 0.00 08-14-09 08-09 311 1,380.43- 0.00 07-27-09 07-09 168 0.00 0.00 ESCROW ADVANCE 0'.00 1,380.43 SCIiIOOL TAX 0.00 1,380.43- PAYEE = 370416016 1,380.43- REPAY OF ESCROW ADVANCE 0.00 804.00- 804.00 07-27-09 07-09 173 PAYMENT 07-25-09 1,610.26 112.61 693.65 804.00 106,602..66 0.00 06-26-09 06-09 168 REPAY OF ESCROW ADVANCE 0.00 0.00 0.00 804.00- 804.00 06-26-09 06-09 173 PAYMENT 1,610.26 111.88 694.38 804.00 106,715.27 804.00- 05-28-09 OS-09 173 PAYMENT 0.00 111:16 695.10 0.00 806.26- 106,827.15 OS-27-09 OS-09 172 PAYMENT OS-26-09 806.26 0.00 0.00 0.00 806.26 04-24-09 04-09 168 REPAY OF ESCROW ADVANCE 0.00 0.00 0.00 1,000.00- 1,000.00 04-24-09 04-09 173 PAYMENT 1,806.26 110.44 695.82 1,000.00 PROC-DT DUE-DT TRAN TRAN-DESCRIPTION TRAN-EFFECTIVE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 106,938,31 1,608.00- 04-13-09 04-09 161 ESCROW ADVANCE 415.12 0.00 0.00 415.12 04-13-09 03-09 315 BOROUGH TAX 415.12- 0.00 0.00 415.12- PAYEE = 370410016 2,608.00- 03-30-09 03-09 172 PAYMENT 806.26 109.73 696.53 0.00 107,048.75 03-03-09 02-09 172 PAYMENT 03-02-09 806.26 109.02 697.24 0.00 107,158.48 PROC-DT DUE-DT TRAN TRAN-DESCRII'TION TRAN-EFFECTIVE-DATE TRAN-AMT PRINCII'AL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 02-10-09 02-09 161 ESCROW ADVANCE 2,192.88 0.00 0.00 2,192.88 OZ-10-09 08-08 327 DELINQUENT BASE TAX 1,332.57- 0.00 0.00 1,332.57- PAYEE = 370416016 2,192.88- 02-10-09 08-07 327 DELINQUENT BASE TAX 675.25- 0.00 0.00 675.25- PAYEE = 370416016 860.31- 02-10-09 08-08 326 DELINQUENT P&I TAX 153.76- 0:00 0.00 153.76- PAYEE = 370416016 185.06- PROC-DT DUE-DT TRAN TRAN-DESCRIPTION TRAN-EFFECTIVE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIl'TION 02-10-09 08-07 326 DELINQUENT P&I TAX 31.30- 0.00 0.00 31.30- PAYEE = 370416016 31.30- 01-29-09 O 1-09 172 PAYMENT 806.26 108.32 697.94 0.00 107,267.50 O1-OS-09 12-08 173 PAYMENT 01-03-09 846.57 107.62 698.64 0.00 40.31 1, LATE CHARGE 107,375.82 12-22-08 11-08 172 PAYMENT 806.26 106.92 699.34 0.00 107,483.44 PROC-DT DUE-DT TRAN TRAN-DESCRIPTION TRAN-EFFECTIVE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 12-OS-08 11-08 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 40.31-1 LATE CHARGE 11-03-08 10-08 172 PAYMENT 806.26 106.23 700.03 0.00 107,590.36 10-02-08 09-08 172 PAYMENT 806.26 105.55 700.71 0.00 107,696.59 08-30-08 08-08 172 PAYMENT 806.26 104..86 701.40 0.00 107,802.14 ----~HIST--------=----- ----* END OF LOAN HISTORY * ----------------------(MORE) PROC-DT DUE-DT TRAN TRAN-DESCRIPTION TRAN-EFFECTIVE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 08-01-08 07-08 171 PAYMENT 806.26 104.19 702.07 0.00 107,907.00 06-30-08 06-08 170 5,643.82 710.71 4,933.11 0.00 108,011.19 ... ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-~40-6370 Y~14 c,.~~~. ~;, 7 M ~~ ' ~~ Instrument Number - 201019209 Recorded On 7/lb/2010 At 11:39:02 AM * Total Pages - 5 * Instrument Type -ASSIGNMENT OF MORTGAGE Invoice Number - 69255 User ID - E5 * Mortgagor - HANDSHEW, MARGARET L * Mortgagee -MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC * Customer - MCCABE WEISBERG & CONWAY * FEES STATE iPRIT TAR $0.50 STATE JCS/ACCESS TO $23.50 J<rsTICE RECORDING FEES - $11.50 RECORDER OF DEEDS PAttCEL CERTIFICATION $10.00 FEES COUNTY ARCHIVES FLE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $50.50 I Certify this to be. recorded in Cumberland County PA /~ RECORDER O D DS Certification Page NUT DETACH This page is now part of this legal document. * - Iotormation denoted by an asterisk may chadge during the verification process and may not be reflected on thla page. iiiiiiiAOri ~ ~ ~~~o~ Prepared by Tyler J Wilk McCabe Weisberg & Conway, P.C. Suite 2080 123 South Broad Street Philadelphia, PA 19109 Record and Return To: McCabe Weisberg & Conway, P.C. Suite 2080 123 South Broad Street Philadelphia, PA 19109 Attn: Tyler J Wilk .Parcel # 27-20-1756-014 Assignment of Morteaee EtlFective date of Assignment: March 30, 2010 urn Nor Value Received, the undersigned bolder of a mortgage, Mortgage Electronic Registration Systems, Inc. as nominee for .Equifirst Corporation whose address is P.O. Box 2026, Flint, Michigan 4$501-2026 does hereby grant, sell, assign, transfer and convey without warranties of any nature whatsoever and without recourse, unto U.S. Bank National Association, as Trustee for Structured Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2005-RMS1 whose address is 10790 Rancho Bernardo Road San Diego, California 92127 a certain Mortgage dated October 11, 2004 made and executed by: David H. Handshew and Margazet L. Handshew upon the following described property situated in Cumberland County, Commonwealth of Peruasylvania: which has the address of 32 E Main St, Ncwville, Pennsylvania 17241 Parcel 1D no: 27-20-1756-014 1 do hereby certify that the precise address of U.S. Bank National Association, as Trustee for Structured Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2005- RMS 1 is 10790 Rancho Bernardo Road San Diego, California 92127 Attested By: AsBistant ary such Mortgage having been given to secure payment of $112,000.00, which Mortgage is of record in the Office of the Recorder of Cumberland County in Mortgage Book 1884, Page 3512, together. with the note(s) and obligations therein described, the money due and to become due thereon with interest, and all rights accrued or to accrue under such Mortgage. This Mortgage was recorded on December 10, 2004. TU HAVE AND TO HOLD, the same unto Assignee, its successors and assigns, forever, subject only to the terms and conditions of the above-described Mortgage. on W TN ~SS WHEREOF, the undersigned Assignor has executed this Assignment of Mortgage Q2s2_- Mortgage Electronic Registration Systems, Inc. as nominee for Equifirst Corporati (Company) Signature: Date: ~0 Title: ~' K k ~ FORM OF CORPORATE ACKNOWLEDGMENT State of Ot'~ ) Franklin )SS: County of ) On this ~ day of ~ , 201 ,before me the undersigned officer, personally appeared + K• ~~ who acknowledged himself or herself to be the ~ ~~-~ of Mortgage Electronic .Registration Systems, Inc. as nominee for )rquifirst Corporation, and that he or she as such vie pnslaent being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself or herself as Wos Pnw~dera In witness whereof, I hereunto set my hand and official seal. aTARY PUBLIC ~ ~ `"- •~ ~. ~ l i '•. ~; i _ * ~~~ ~~. My ~e o101do ~""~May4 . . ~ ~ ..: ....~ j. search - 2010-6877.ecm ......_._..._ .-, _..... _.......... ~ Page 7~ COMMITMENT SCHEDULE C File Number: OR30624BL ALL THAT CERTAIN house and lot of ground, situate in the North Ward of the Borough of Newille, County of Cumberland, and State of Pennsylvania, being part of Lot No. 11 in the general path of the said Borough, bounded as follows; on the North by East Main Street; nn the East by Corporation Street; on the South by Church Alley; and on the West by the other part of said Lot No. 11 now or formerly of Frank S. Over Estate, containing 30 feet, more or less, in front, and 180 feet in depth, more or less. EXCEPTING however, the southern portion of the above described tract of land previously conveyed by Lloyd F. Woods and Dorothy S. Woods his wife, to Neville Borough School District, by Deed dated August 31, 1948 and recorded in Cumberland County Deed Book Y Volume 13 at page 306, more fully bounded and described as follows: ON the south by Church Alley; on the West by property now or formerly of Frank Uver heirs; on the North by Grantors, of which the tract herein conveyed was formerly a part; on the east by Corporation Street. Having a frontage on Church Alley of 30 feet and an even depth from Church Alley of 66 feet, more or less. Improved with a two story frame building. Parcel No.: 27-20-1716-014 McCABE, WEISBERG & CONWAY, P.C. BY: Marc S. Weisberg, ESQUIRE Attorney for Plaintiff Identification Number 17616 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 U.S. Bank National Association, as Trustee for Structured Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2005-1tMS 1 Cumberland County Court of Common Pleas Number 10-2928 Civil Term v. David H. Handshew and Margaret L. Handshew CERTIFICATION OF SERVICE I, Marc S. Weisberg, Esquire, hereby certify that a true and correct copy of the within Plaintiffs Motion fo Summ Judgment and attached documents were served on the below parties on 7i ~ , 2010, by first-class mail, postage prepaid: David H. Handshew, Pro Se 32 E. Main Street Newville, Pennsylvania 17241 and Margaret L. Handshew, Pro Se 32 E. Main Street Newville, Pennsylvania 17241 DATE: 2 ~ ~~ /~ Marc S. Weisberg, squire Attorney for Plaintiff U.S. Bank National Association, as Trustee for Structured Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2005-RMS 1 v David H. Handshew and Margaret L. Handshew Cumberland County Court of Common Pleas Number 10-2928 Civil Term ORDER AND NOW, this day of , 20 ,upon consideration of Plaintiffs Motion for Summary Judgment and Defendants' response thereto, if any, it is hereby ORDERED and DECREED that summary judgment is GRANTED in Mortgage Foreclosure, and judgment is entered against Defendants in the amount of $112,018.86 together with interest at a rate of $22.66 per diem from July 23, 2010. CLERKlPROTHONOTARY is directed to enter said Judgment. BY THE COURT: J. .? CAfnc. PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. U.S. Bank National Association, as Trustee for Structured Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2005-RMS1 V. David H. Handshew and Margaret L. Handshew Cumberland County Court of Common Pleas ;~, ~, c~ -,~ Number 10-2928 Civil T m -~ t~ ~_ ~ '~~ C C ~ '=,:i ~` -~ 1 State Matter to be argued (i.e., Plaintiff s Motion for New Trial, Defendant's demurrer to complaint, etc.) Plaintiff s Motion for Summary Judgment 2. Identify counsel who will argue case: (a) Matthew J. Eshelman, Esq., for Plaintiff P.O. Box 1080 Camp Hill, PA 17001-1080 (b) David and Margaret Handshew, Pro Se 32 E. Main Street Newville, Pennsylvania 17241 3 4. I will notify all parties in writing within two days that this case has been listed for argument. Argument Court Date: DATE: MARC S. WEISBERG, ESQ IRE Attorney for Plaintiff McCABE, WEISBERG, & CONWAY, P.C. MARC S. WEISBERG, ESQUIRE Identification Number: 17616 123 South Broad Street Suite 2080 Philadelphia, PA 19109 (215) 790-1010 U.S. Bank National Association, as Trustee for Structured Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2005-RMS1 v. David H. Handshew and Margaret L. Handshew Attorney for Plaintiff Cumberland County Court of Common Pleas Number 10-2928 Civil Term CERTIFICATION OF SERVICE I, MARC S. WEISBERG, Esquire, hereby certify that a true and orrect opy of the within Praecipe for Listing Case for Argument was served on /~' J , b first-class Y mail, postage prepaid, upon the following: David H. Handshew, Pro Se 32 E. Main Street Newville, Pennsylvania 17241 and Margaret L. Handshew, Pro Se 32 E. Main Street DATE: `b (2~ fJ Newville, Pennsylvania 17241 MARL S. WEISBERG, ESQUIRE Attorney for Plaintiff ~ r McCABE, WEISBERG &CONWAY, P.C. BY:HEIDI R.SPIVAK, ESQUIRE IDENTIFICATION #: 74770 123 South Broad Street, Suite 2080 Philadelphia, PA~ 19109 Attorney for Plaintiff (215) 790-1010 U.S. Bank National Association, as Trustee for Structured Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2005-RMS1, Plaintiff, vs. David H. Handshew and Margaret L. Handshew, Defendants. Cumberland County Court of Common Pleas Number 10-2928 Civil Term ~a~ ~~~ o,~'^J ~i=~J'~OTAk~~'~' 2~i0~~~' -~ ~~~ 3~ ~~ c;z~r~~~~~~~~,~_~~ coz~~~ ~ ~ PRAECIPE TO WITHDRAW MOTION FOR SUMMARY JUDGMENT TO MOTION COURT: Kindly withdraw Plaintiff's Motion for Summary Judgment which was filed on September 1, 2010 in the above-captioned matter, without prejudice. See attached Exhibit A. McCABE, WEISBERG,/c~ CONWAY, P.C. Date:~~~ I o~ ~~~ BY: HEIDI R/SPI~SK, F Attorney for Plaintiff .. McCABE, WEISBERG &CONWAY, P.C. BY:HEIDI R.SPIVAK, ESQUIItE IDENTIFICATION #: 74770 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 U.S. Bank National Association, as Trustee for Structured Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2005- RMS1, Plaintiff, vs. David H. Handshew and Margaret L. Handshew, Defendants. Attorney for Plaintiff Cumberland County Court of Common Pleas Number 10-2928 Civil Term CERTIFICATE OF SERVICE I, Heidi R. Spivak, Esquire, attorney for Plaintiff, hereby certify that a true and correct copy of the within Request for Admissions was served on the below person(s) bly,~re,,gurlar United States mail, first class, postage prepaid, on~~ day of ~ L~~1 , 2010: David H. Handshew, Pro Se 32 E. Main Street Newville, PA 17241 and Margaret L. Handshew, Pro Se 32 E. Main Street Newville, PA 17241 Date: McCABE, CONWAY, P.C. BY: HEIDI R. , E Attorney or Plaintiff TERRENCE J. McCABE*** LAW OFFICES SUITE 303 MARL S. WEISBERG** C McCABE WEISBERG & CONWAY P z16 HADDON AvENUE EDWARD D. CONWAY ~•• . . f f WESTMONT, NJ 08108 MARGARET GAIItO `•' SUITE 2080 (856) 858-7080 LISA L. WALLACE+t 123 SOUTH BROAD STREET FAx (856) 858-7020 DEBORAH K. CURRANt• PHILADELPHIA, PA 19109 LAURA H.G. O'SULLIVANt• (215) 790-1010 SUITE 310 GAYL C. SPIVAK*= FAX (215) 790-1274 145 HUGUENOT STREET FRANK DUBIN `*' NEW ROCHELLE, NY 10801 ANDREW L. MARKOWITZ `•' (914)-636-8900 HEIDI R. SPIVAK* FAX (914636-8901 SCOTT TAGGART* Also servicing Connecticut MARISA COHEN* KATHERINE SANTANGINI^" JASON BROOKS t SUITE 100 FAITH MIROS `<' 8101 SANDY SPRING ROAD ERIN BRADY •• LAUREL, MD 20707 KEVIN T MCQUAIL `•' (301) 490-3361 ALEXANDRA T GARCIA* FAX (301) 490-1568 CORIN DEMENT* Also servicing the District of Columbia ABBY K. MOYNIHAN ••< and Virginia •' Licensed in PA • Licensed in PA & NJ *• Licensed in PA & NY ^ Lice~used in NY ^^ Licensed in N] Licensed in PA & WA ••• Licensed in PA, N] R NY ? Licensed in NY & CT • Licensed in MD & DC .. Licensed in MD October 4, 2010 + Managing Attorney Por NY t Managing Attorney for MD = Managing Attorney for NJ < Licensed in VA '<' Licensed in CT @. N] '>' Licensed in MD & VA Prothonotary of Cumberland County 1 Courthouse Square Carlisle , PA 17013 RE: U.S. Bank National Association, as Trustee for Structured Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2005-RMS 1 vs David H. Handshew and Margaret L. Handshew Cumberland County CCP No. 10-2928 Civil Term Dear Sir or Madam: It has come to the attention of Chase (including its affiliates and subsidiaries) that in some cases employees in Chase's mortgage foreclosure operations may have signed affidavits about loan documents on the basis of file reviews done by other personnel -- without the signer personally having reviewed those loan files. As a result, Chase has begun to systematically re-examine documents it has filed in current foreclosure proceedings to verify that the affidavits and other documents filed on behalf of Chase meet the standard of personal knowledge or review where that is required. Chase believes the accuracy of the factual loan information contained in the affidavits was not affected by whether or not the signer had personal knowledge of the precise details. The affidavits were prepared by appropriate personnel with knowledge of the relevant facts based on their review of the company's books and records. Chase has engaged independent outside counsel to review its affidavit preparation and signature process to confirm that it satisfies all documentary and evidentiary standards. Chase requests that EXHIBIT A LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. the court not enter judgments in pending matters until it completes this review. It is anticipated this review should be completed in a few weeks. Chase will promptly submit updated affidavits to the court, as is appropriate. While Chase does not believe that any individual has been harmed, it will remediate any adverse impact on a consumer found during the review. Very truly yours, MCCABE, WEISBERG & CONWAY, P.C. of CUM 1David 1D. Buell A e Renee 7G Simpson Prothonotary _ , 1st (Deputy Prothonotary �f I ! o KirkS. Sohonage, ESQ -4"777...0• y Irene E. Morrow Solicitor 7750 2"'(Deputy Prothonotary Office of the Prothonotary Cumberland County, cPennsy(vania AO - 0290W CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE-THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, PA 17013 • (717)240-6195 • Fax(717)240-6573