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Home My WebLink About10-3538i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE FIRST FRANKLIN MORTGAGE LOAN TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF2, Vs. Plaintiff, JENNY R. HUBER Defendant. TO: DEFENDANT YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 3815 South West Temple P.O. Box 65250. Salt Lake City. UT 84115-4412 AND THE DEFENDANT: 162 EAST CHAPEL AVENUE AKA 162 EAST CHAPEL ALLEY CARLISLE. PA 17013 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFE CTED BY THIS LIEN IS 162 EAST CHAPEL AVENUE AKA 162 EAST CHAPEL ALLEY CARLISLE PA 17013 Municipality: Carlisle led A*tkh ATTORNEY FOR PLAINTIFF ATTY FILE NO.: FCP 138746 CIVIL DIVISION NO.: j p - 3538 Tlerw- TYPE OF PLEADING CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: US Bank National Association, as trustee for the holders of the First Franklin Mortl age Loan Trust Mortgage Pass- ThrouA Certificates, Series 2006-FF2 COUNSEL OF RECORD FOR THIS PARTY:' r- ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire Pa. I.D. #55650 - ` 4 Kimberly A. Bonner, Esquire Pa. I.D. #89705 Neel A. Ackerman, Esquire Pa I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX office ,tucker olg dber com File No.: FCP- 138746/bga w 73 -i O qa. oo pp AT7y C f oa8a cZ'44 -7-71 Zucker, Goldberg & Ackerman, LLC FCP-138746 i IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Zucker, Goldberg & Ackerman, LLC FCP-138746 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS CIVIL DIVISION TRUSTEE FOR THE HOLDERS OF THE FIRST FRANKLIN MORTGAGE LOAN NO.: TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF2, Plaintiff, VS. JENNY R. HUBER Defendant. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim 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 SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 LAWYER REFERRAL Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 Zucker, Goldberg & Ackerman, LLC FCP-138746 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS CIVIL DIVISION TRUSTEE FOR THE HOLDERS OF THE FIRST FRANKLIN MORTGAGE LOAN NO.: TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF2, Plaintiff, VS. JENNY R. HUBER Defendant. AVISO USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y redicando en la Corte por escrito sus defensas de, y objeciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero O propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 LAWYER REFERRAL Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 Zucker, Goldberg & Ackerman, LLC FCP-138746 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS CIVIL DIVISION TRUSTEE FOR THE HOLDERS OF THE FIRST FRANKLIN MORTGAGE LOAN NO.: TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF2, Plaintiff, vs. JENNY R. HUBER : Defendant CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes US Bank National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2006-FF2, by its attorneys, Zucker, Goldberg & Ackerman, LLC, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is US Bank National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2006-FF2, having its principal place of business at 3815 South West Temple, P.O. Box 65250, Salt Lake City, UT 84115-4412. 2. The Defendant, Jenny R. Huber, is an individual whose last known address is 162 East Chapel Avenue aka 162 East Chapel Alley Carlisle, PA 17013. 3. On or about October 24, 2005, Jenny R. Huber executed a Note in favor of First Franklin, a Division of Nat. City Bank of IN in the original principal amount of $61,750.00. 4. On or about October 24, 2005, as security for payment of the aforesaid Note, Jenny R. Huber, Single made, executed and delivered to First Franklin, a Division of Nat. City Bank of IN a Mortgage in the original principal amount of $61,750.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on November 2, 2005, in Mortgage Book Volume 1929, Page 2442. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "A", attached hereto and made a part hereof. Zucker, Goldberg & Ackerman, LLC FCP-138746 5. The aforesaid Note and Mortgage was assigned by First Franklin, a Division of Nat. City Bank of Indiana to First Franklin Financial Corporation, pursuant to an assignment of mortgage dated January 5, 2006 and recorded on January 30, 2006 in the Office of the Recorder of Deeds for Cumberland County in Assignment Book 724, Page 2280. 6. The aforesaid Note and Mortgage was further assigned by First Franklin Financial Corporation to US Bank National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2006-17172, plaintiff herein, pursuant to an assignment of mortgage to be recorded. 7. Jenny R. Huber, single person is the record and real owner of the aforesaid mortgaged premises. 8 Defendant is in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. 9. On or about March 21, 2010, Defendant was mailed a combined Notice of Homeowners' Emergency Mortgage Assistance Act of 1983 and Notice of Intention to Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. §101, et seq. Zucker, Goldberg & Ackerman, LLC FCP-138746 10. The amount due and owing Plaintiff by Defendant is as follows: Principal $54,270.21 Interest through 05/14/2010 $2,133.63 Attorneys' Fees $1,250.00 Title Search & Costs $2,500.00 Late Charges $ 63.96 Suspense Balance ($ 20.39) Escrow $ 270.37 Bad Check/NSF $ 40.00 Miscellaneous $ 13.49 Recoverable Balance $ 27.70 Total $60,548.97 Plus interest on the principal sum ($54,270.21) from May 14, 2010, at the rate of $10.97 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $60,548.97, with interest thereon at the rate of $10.97 per diem from May 14, 2010, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Zucker, Goldberg & Ackerman, LLC FCP-138746 ZUCKER, , LLC BY: Dated: May 21, 2010 Scott A. D' en sq ' e; A I.D. #55650 Kimberly Bonner, Esquire; PA I.D. #89705 Joel A. Ac rman, Esquire; PA I.D. #202729 Attorneys for Plaintiff FCP-138746/bga 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Zucker, Goldberg & Ackerman, LLC FCP-138746 EXHIBIT A Zucker, Goldberg & Ackerman, LLC FCP-138746 .0 Prepared by: ROSEMARY DESORTE DSFINMONS [spa" Above M& Un For Re"rWas Data) MORTGAGE i Words used in multiple sections of this document are defined below and either words ate #efined in Sections 3, 11, 13, 18, 20 and 2L.Certain rules regarding the usage of words used in this do" are also Provided in Section 16. (A) "Seem* Instr oment" means this document, which is dated October 24, 2006 together with all Riders to this document. (B) 'Borrower" is JENNY R HUBER, SINGLE Borrower is the mortgagor under this Security Instrument. (C) "lam" Ie FIRST' FRANKLIN A DIVISION OF NAT. CITY BANK OF IN Lender is a National Association and wag order the laws of United States of America elo?a address is 2150 NORTH FIRST STREET, SAN JOSE, California 95131 . Lender is the mortgagee under this (D) "Nets" means the promissory note signed by Borrower and dated OCtobe The Note std a [tort Borrower owes Lender Sbdy One Thousand Seven Hundred Fift Dollars (U.S. $ 61,750.00 Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt November 01, 200 (E) "Property" means the property that is described below under the heading 'Tram Property." (F) "Loan" meson the debt evidenced by the Note, plus interest, any prepayment char due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" meals all Riders to this Security h>etntment that are executed by Bom Ridern are to be executed by Borrower s [check bear as applicable]: ? Adjustable Rate Rider ? Condominium Rider ? ? Balloon Ride ? Planned Unit Development Rider ? 1-4 Family Rider ? Biweekly Payment Rides PZRNSTLVANU-Sh* a Fee A"amie MwffrwMk Mac UNIFORM INSTRUMENT rrerelseaIPM1)MFPA3112 (PageIofl6pasa) etaity Instrument. 4.2006 std no1100 ) plus interest. full not later than r of Rights in the e and late charges u. The following and Home Rider er(s) [specify] pay Rider Fan am Im 6 (ED "AppOcable Law" means all controlling applicable federal, state and local regulations, ordinances and administrative rules and orders (that have the effect of law) as well as applicable final, non-appealablejudicial opinions. (]q "Caasaounitty Association Dues, Fees, and Assessments' means all dues, fees, am i t11 and other charges that are imposed on Roamer or the Property by a condominium aswc3 'on, homeowners association or sired! Organization. (,n "llledronle Funds Trander" mesas any transfer of funds, other than a transe Won. originated by check, draft, Or similar paper instrument, which is initiated through an dectronic t Orninal. telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial ' tlon to debit or credit on account. Such tam includes, but is not limited to, point-0f-111116 tramsfas, tella machine transactions, transfen initiated by telephone, wire transfers, and automated clearinghouse ass. (X) "FAcr ew Itense mesas those items that are described m Section 3. (L) "h6sedbuseoaa Proceeds" means any compensation, settlement, award of damagi s, or prooeeds paid by any third party (other than insurano6 proceeds paid under the coverages described ii t i Section 5) for: (1) damage to, at deetruxlion of, the Property; (ii) condemnation or other taking of all or any of the Property. (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as the vale and/or condition of the Property. , (M) "Mortgage InsmranvP means insurance protecting Lender against the nonpa of, or default on, the Loan. (N) "Peeiodte PsymenP means the regularly scheduled amount due for (i) Principal interest under the Note, Plus (H) any amounts under Section 3 of this Security Instrument (O) "RFSPA" meow the Real Estate Settlement Procedures Act (12 U.S.C. 1260 . et seq.) and its implemant?g regulation, Regulation X (24 C.F.R. Part 3500), as they might be smonded from time to time, or any additional or s u Assor legislation or regulation that governs the same subject rus . As used in this Security Instrument, ' RESPA" refers to all requirements and restrictions that are imp 4sed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally mortgage hxn" under RESPA. (P) "Saoessaw In Intasst of Borrower" means any party that has taken title to thl , whether or not that party has assumed Borrower's obligations under the Note and/or this Security ent rERNsYLVANL4-St3ikeFAWAY-FNndemwAkedatamta umcroxmnvsixt%um II na=MMMI ntar rases Won) MFPA3112 (Pap 2 of 16 pagan) To4ni r WM4M O=TTML4NoN 0 • TRANSFER OF RIGHTS IN THE PROPERTY This Security IrrhumenLwoures to Leader: (I) the repayment of the Lem and all renev modifications of the Note; and CA) the perfoaaanee of Bottowces covenants and agr Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, p Leader the following described property located in the COUNTY hype of Reomding Ionia of CUMBERLAND IN- of Reemdioa Jods&diml LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF which currently has the address of 182 EAST CHAPEL AVENUE ICI CARLI ISLE ' Pennsylvania l7 fi23 i, extensions and Bents under this d and convey to Address'): TOGETHER WTTH all the improvements now or heteaf a erected on the property, d all easements, apptutenances, and fixtures now or hereafter a part of the property. All replacements and 't'ame shall also be covered by this Security Inehuzuent. All of the foregoing is referred to in this Securit, lastrument as the "Property" BORROWER COVENANTS that Borrower is lawfully wised of the estate hereby veyed and has the right to mortgage, grant and convey the Property and that the Property is unenomtL for enwmbranoee of record Borrower warrants and will defend generally the tide to the against all claims and demands, subject to any encumbrances of record. THIS SECURTI'Y INSTRUMENT combines uniform covenants for national and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security ' matru t covering reel Pr'oPedY• )gNMYLVANIIA-AnteF mny-- a MaWFreddieMacUPUORMDWRUMXNT nm laasa toms) MFPA3112 (Pane 3 of l6 pages) Foam 3W LIM SD Ct0°si UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Prlbdpal, Interest, &crow Items, Prepayment Charges, as Borrower shall pay when due the principal of, and interest on, the debt evidenced by prepayment 'arses and late charges due under the Note. Borrower shall dso pay funds pursuant to Section 3. Payments due under the Note and this Security Instrument shall currency. However, if a" check or other instrument received by Lender as payment mmd Security Instrument is roamed to Lender unpaid, Leader may require that any or all sub due under dro Note and this Security Instrument be made in one of mom of the following by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasuries check c provided a" such check is drawn upon an institution whose deposits we insured by instrumentality, or entityyor (d) Electronic Funds Transfer . Payments we deemed received by Leader when received at the location designated such other location as may be designated by Lender in accordance with the notice prover Lender may retum any payment or partial payment if the payment or partial payments bring the Loan cement. Leader may accept any payment or partial payment iosofFicicat current, without waver of any rights hereunder or prejudice to its rights to rr£use such payments in the futara, but Lender is not obligated to apply such payments at the time accepted. If each Periodic Payment is applied as of its scheduled duo date, then Lends on uuapplied funds. Leader may hold each unapplied funds until Borrower makes paymnn current. If Borrower does not do so within a reasonable period of time. Lender shall cithe or return them to Borrower If not applied earlier, such finds will be applied to the o balance under the Note immediately prior to foreclosure. No offset or claim which Borrov or in the fftm against Lender shall relieve Borrower from making payments due undo Security Instrument or performing the covenants and agreements secured by this Security 2 Appllntton of Payments or Proceeds. Except ea otherwise described in payments accepted and applied by Lender shall be applied in the following order of prics under die Note; (b) principal due under the Nona; (c) amounts due under Section 3. Such applied to each Periodic Payment in the order in which it became due Any applied fiat to late charges, seoond to any other amounts due under this Security Inak reduce the principal balance of the Note. If Lander receives.a payment from Borrower for a delinquent Periodic Pqmcu ahflicient amount to pay any late charge due, the payment may be applied to the delinq late charge. If more than one Periodic Payment is outstanding, Lender may apply any pay Borrower to the repayment of the Periodic Payments if, and to the extent that, each fall. To the extent that any moms exists after the payment is applied to the frill paym Periodic Payments, such excess may be applied to any late charges due Voluntary applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to ' Note shall not extend or postpone the duo date, ox change the amount, of the Periodic Pa 3. ptimda for Brow Items. Borrower shall pay to Lender on the day Ped ' under the Note. until the Note is paid in full, a sum (the "Punds'l to provide for payment (a) taxes and assessments and other items which can attain priority over this Security encumbrance on the Property: (b) leasehold payments on ground mats on the Property, InA ' for any and all insurance required by Lender under Section 5; and (d) Mortgage or any sums payable by Borrower to Lender in lieu of the payment of Mortgage accordance with the provisions of Section 10. These items are called "Escrow Items." At PENM LVAN1&-%ngletray-xaimis Maerteddle Mae tnvmoxntDWMUOrrr MRAI MIA(eelt) MFPA3112 (PaV4of16pago) Lde Charges, e Note and any or Escrow Items a made in U.S. the Note or this Went Payments ems, as selected cashier's che* federal agency, 1 the Note or at s in Section 15. e itu efficient to bring the Loan irment or Partial h payments arc not pay interest 1 bring the Loan pply such fonds Wrnave now Note and this tis Section 2, all y: (a) interest due nyments shall be amounts shall be neat, and then to which includes a payment and the mt received from at can be paid in t of one or morn svments shall be due under the Payments are due f amounts due for. ument as a lien or cry; (c) Premiums P+ if any, race premiums in igination or at any Fors 3039 L01 aiEATUUID ¦ 9H=13r0cslw 41$1 4 0 time daring the term of the Loan, bender may require that Community Aasociad, Asseessaents, if any, be escrowed by Borrower, and such dues, fens and easements ebell Borrower shall promptly furnish to Lender all notices of amounts to be paid under this shall pay Lender the Funds for Escrow item unless Lender waives Borrower's obliged, fa say or all Escrow Item. Lender may waive Borrower's obligation to pay to Leader F Barrow Items at any time. Any such waiver may only be in writing. In the event of sucl shall pay directly, when and where payable, the amounts due for any Escrow Items for Funds has been waived by Leader and, if Lender requires, shall fumhsh to Leader receq payment within each time prod as Lender may require. Borrower's obligation to mate to provide reoelpta shell for all Purposes be deemed to be a covenant and agreement Security Inattament, ere the phrase "covenant and agreement"is used in section 9. If Bom Pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount Item, Lender may exerazw its rights under Section 9 and pay such amouat and Bom obligated under Section 9 to repay to Lender any such amount Lender may revoke the war Escrow Items at any time by a notice given in accordance with Section 15 and, urgxp Borrower shell pay to Leader all Funds, and in such amounts, that we then required under . Lender may, at any thee, collect and hold Fps in an amount (a) sufficient to the Funds at the time sppcified under RESPA, and (b) not to exceed the maximum require under RESPA. Leader shall estimate the amount of Funds due on the basis reasonable estimates of expeuMures of future Escrow Itoms or otherwise in acocaXian law. The Funds shall be held in an institution whose deposits arc insured by insh+rmeatality, or eetity (Including Lender, if Leader is an institution whose 9ya any Federal Homo Loan Bank. Lender shall apply the Funds to pay the Escrono specified under RESPA. Lender shall not charge Borrower for holding and analyzing the eeexow account, of verifying the Escrow Items, unless Lender PFunds and Applicable Law permits Lender to make such a charge. Unless an agreement i APPficable Law requ Tres-Warest to be paid on the Funds, Leader shall not be required interest or earnings on the Fonda. Borrower and Lender can agree in writing, however, paid on the Farads. Lender shell give to Borrower, without chase, an annual acorn ' required by RESPA. If there is a naplus of Fonds hold in escrow, as defined under RESPA Borrower for the excess funds in accordance with RESPA. If there is a shortage of Fund damned order RESPA, Lender shall notify Borrower as required by RESPA, and B Lender &a amount necessary to make up the shortage in accordance with RESPA, but monthly Payments. If there is a deficiency of Funds held in escrow, as declined under notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount the deficiency in aceadsace with RBSPA, but in no mote than 12 --NY Payments. Upon Payment in full of all sums secured by this Security Instrument, Lender shall Borrower any Funds held by Lender . 4. (arm"; I.fine. Borrower shell pay all taxes, assessments, charges, fine attributable to the Property which can attain priority over this Security Instrument, ground rants on the Property, if any, and Community Association Dias, Fees, and the extent that these items are Escrow Items, Borrower shall pay them in the manna Borrower shall promptly discharge any lien which has priority over this Seatd Borrower: (a) agrees in weting to the payment of the obligation secured by the lion in a ParaUnVAMW- a&%Wly ga®teMmMeddteMacUNWORMUOMMENr Dues, Fees, and e an Escrow Item. Woim. Borrower to pay the Funds ads for any or all waiver, Borrower ddch payment of i evidencing such ach payments and contained in this per is obligated to ue for on Escrow ver shall then be er as to any or all each revocation, is Section 3. t Lender to apply met a leader can current data and with Applicable federal agency, so insured) or in der than the time Funds, er interest an the U& in writing of ay Borrower any t interest shall be of the Funds as shell account to told in escrow, as war .hart pay to no more than 12 PA, Lender shall eery to make up omntly refund to and impositions hold payments or ements, if any. To ad in Section 3. instrument unless aver acceptable to rem 30x9 IMI rt9e uswxs (an) MFPA3112 (Par 5 of l6 pam) 0 . • Lender, but only so long as Borrower is performing such agcoemeat; (b) contests the lien i defends against aaforeement of the lien in, legal proceedings which in Lender's opinion die enforcement of the lien while those proceedings are pending, but only until suer concluded; or (c) ensures from the holds of the lien an agreement satisfactory to Lends lien to this Security Instrument. N Lender determines that any part of the property is subj can attain priority ova this Security Instrument, Lender may give Borrower a notice a Within 10 days of the date on which that notice is given, Borrows shall satisfy the lien c of the actions act fords above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verifies i service need by Lender in connection with this Loan. & Property Insinuu e. Borrower shall keep the improvements now wasting or b the Property insured against loss by ft hazards included within the tam "extended c atha hazards indmding, bat not limited to, earthquakes and floods, for which Linda regw insurance shall be maintained in the amounts (including deductible levels) and for the p requires. Whet Lender requires pursuant to the preceding sentences can change during du The insurance carrier providing the insurance shall be chosen by Borrower subject to disapprove Borrower's choice, which right shall not be exercised unreasonably. Le Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood z certification and tracking services; or (b) a one-time charge for flood zone defo minstic services and subsequent chagas each time remappinge or similar changes occur which affed such determination or certification. Borrower shall also be responsible for the pa imposed by the Federal Emergency Management Agency in connection with the review Bete[ nination resulting from an objection by Borrower. N Barrows fails to maintain any of the coverages described above, Lerida coverage, at Lender's option and Borrower's expense. Lender is under no obligati patticolar type or amount of coverage. Therefore, each coverage shall cover Lender, but protect Borrower, Borrower's equity in the Property, or the contents of the Property, agai or liability mud might Provide greater or lesser coverage than was previously ac knowledgm that the coat of the insurance coverage so obtained might significantly insurance that Borrower could have obtained. Any amounts disbursed by Lender under become additional debt of Borrower secured by this Security Instrument. These amounts the Note rate from the date of disbururement and shall be payable, with such interest, upon to Borrower requesting payment. All insurance policies required by Lends and renewals of such policies shall be right to disapprove such policies, shall include a standard mortgage clause, and she mortgagee and/or as an Additional lose payee. Lender shall have the right to hold the certificates. N Lender requires, Borrower shall promptly give to Lender all receipts of renewal notices. If Borrower obtains any form of insurance coverage, not otherwise req damage to, or destruction of, the Property, such policy shall include a standard mortge name Leader ae mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance artier and mmlm proof of liras if not made promptly by Borrower . Unless Lender and Borrower i writing, any insurance proceeds, whether or not the underlying insurance was required applied to restoration or repair of the Property, if the restoration or repair is coonon Lender's security is not lessened. During such repair and restoration period, Lender hold such insurance proobeds until Leader has had an opporhmity to inspect such Propertf PXNN YLVANI4--Shi eFmody--FounkM.d reddleMacUrmroxMIMTRUM[EN' mss sneers (Dorn MFPA3112 (Page 6 oJ16 pager) good faith by, or prooeeamgs are subordinating the t to a lien which atifying the lien. talus one or more and/or reporting roefter erected on versge," and any ere insurance. This rinds that Lender term of the Loan. Lenda'a right to ids may require me determination, and certification rasonably might went of any fees rf any flood zone obtain insurance to purchase any right or might not it any risk, hazard effect. Borrower roeed the cost of is Section 5 shall all bear interest at dice from Lender rjed to Lender's name Lender as ties and renewal id premiums and >d by Lender, for clause and shall ender. Lender may otherwise agree in y Lender, shall be ally feasible and 1 have the right to to insure the work Fan 3M lle1 e-# • i has been completed to Lender's satisfaction, provided that such inspection shall be um Lander may disborm proceeds for the repeits and restoration in a single payment or in a payments as the work i&completed. Unless an agreement is made in writing or Applie interest to be paid on such insurance proceeds, Lender shall not be required to pay Bono earnings on each proceeds. Fees fur public adjusters, or other third parties, retained by Bo paid out of the ins,naac a proceeds and rhail be the sole obligation of Borrower. If the real not economically feasible or Lender's severity would be lessened, the insurance pruoeeds the mums seamed by this Security Instrument, whether or not then due, with the erne Borrower Such mourance proceeds shall be applied M the order provided for in Section 2 N Borrower abandons the Property, Lender may file, negotiate and settle any availat and related matlem N Borrower does not respond within 30 days to a notice from Lerch carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The begin when the notice is given. In either event, or if Leader acquires the Property ut otherwise, Borrower hereby assignd to Lender (a) Borrower's nights to any 121103181106 pros not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any rights (other then the right to any refund of unearned premiums paid by Borrower) policia covering die property, insofar as such rights are applicable to the coverage of may on the inemance proceeds either to repair or restore the Property or to pay rime Note or this Security hott®ent, whether or not then doe 6. Occupancy. Borrower shall occupy, cetablish, and use the Property as B residence within 60 days after the execution of this Security Instrument and shall con prop" as Banowe?s principal residence for at least one year after the date of occups otherwise agrees in writing, which consent shall not be unreasonably withheld, or chcanmehmces exist which on beyond Borrower's control. 7. Preservadon, Maintenance and Protection of the Property; Inspection. destroy, damage or impair the Property, allow the Property to deteriorate or commit w Whether or not Borrower is'residmg in the Property, Borrower shall maintain the Property the Property frcen deteriorating or decreasing in value due to its condition. Unless it is Section 5 that repair or restoration is not economically feasible, Borrower shall promptly if damaged to avoid further deterioration or damage. If immmoc or condemnation connection with damage to, or the taking o? the Property, Borrower shall be resraai restoring the Property only if Lender has released proceeds for such purposes. Leader for the repairs and redwation in a single payment or in a series of ProJ3M-" completed. N the insurance or condemnation proceeds are not sufficient to repair or Borrower is not relieved of Borrower's obligation for the completion of such repair or rest Leader or its agent may make reasonable entries upon and inspections of the reasonable case, Lender may inspect the interior of the improvements on the Property Boarower notice at the time of or prior to such an interior inspection specifying such rem & Borrower's Lean Apptieaflon. Borrower shall be in default it dcaing process, Borrower or any persons or entities ailing at the direction of Borrower knowledge or consent gave materially false. misleading, or inaccurate information or (or failed to provide Lender with material information) in connection with the Loan. inchde, but are not limited to, representations concerning Borrower's O=gmmcy Bortower's principal residence. 9. Protection of Lender's Interest in the Property and Rtgbts Under this If (a) Borrower fails to perform the covenants and agreements contained in this Security PMC4 LVAMEA eFMM93-4sadeMuNreaat6MaeUNWORMRWMUMWr naccsnvtsmt) MFPA3112 (PW7oj16Pade) taken promptly. vies of progress e Law requites any interest or wet shall not be Lion or repair is dl be applied to if any, paid to 0 insurance claim that the insurance D-day period will er Section 22 or ads in an amount mer of Borrower's der all insimmoe Property. Lender unpaid under the wer's principal s to occupy the unless Lender ass extenuating iorrowcr sheik not e on the Property. m order to prevent mined pursuant to epair the Property coeds we paid in e for repairing or disburse proceeds is as the work is tote the Property, tkoperty. If it has Lender shell give rble cane. Loa application with Borrower's nm mts to Lender ial representations the Property as Instrument rent, (b) there Fore 3039 Mi QIWAnNA ¦ IOaeCSWM-ttmt is a legal proceeding that might significantly affect Loader's interest in the Property and/ rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnatm or forfettu+en, for enforoement of a lien which may attain priority over this Security Instnmremt or orfcaoe laws or regaLticns), or (c) Borrower has abandoned the property, then Lender may do and for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights this security Instnirent, including protecting and/or assessing the value of the Property, and securing ur repairing the Property. Leader's sctiens can include, but are not limited to: (a) paying any sums by a lien which has priority over this Security Instrument; (b) appearing in coat; and (c) paying resesaal atoomoys' fees to protect its interest in the Property and/or rights under this Security Instrument, including ea erred position in a bankruptcy prmoodipg. Searing the Property includes, but is not limited to, en the Property to mak es repairs, change locks, replace or board up doors and windows, drain water pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not der any duty or obligation to do so. It is agreed that Leader incurs no liability for not taking any or all ions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debtof Borrower secured by this Security Instrument. Them amounts shall bear interest at the Note rat from the date of disbmaatent and shall be payable, with such interest, upon notice from Lender to B requesting payment. If this Scarcity Inew-ent is on a leasehold, Borrower shall comply with all the pro lone of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not unless Lender agrees to the merger in writing. 10. Martpe In-ce. If Lends required Mortgage Insurance as a condition making the Loan, Boaowa shall pay the pmomiums required to maintain the Mortgage Insu are, in effect If, for any reason, the Mortgage Issuance -vane required by Lender ceases to be available from them mam[er that previously provided such lrsm[anCe and Borrower was required to make separately de i 'grated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums regnirsi obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a coat sobs y equivalent 14 the cost to Borrower of the Mortgage Insurance previously in effect, fiom an an" mortgage luaus selected by Lender. If sttbstantally equivalent Mortgage Insurance coverage is not a e, Borrower shall continue to pay to Lender the amount of the separately designated payments that due when the insurance coverage ceased to be in tfferL Lender will accept, use and retain as a non- rednndable loss reserve in lieu of Mortgage Insurance. Such loss reserve non-refundable, rotwithexanding the fact that the Loan is ultimately paid in full, and Lender sh required to pay Borrower any interest or earnings on each lose reserve. Lender can no logger rttpr payments if Mortgage Insurance coverage (in the amount and for the period that Leader requi ) d d by an insurer relaxed by Lends again be omes available, is obtained, and L ender requires sepa payments toward the premiums for Mortgage lmanranee. If Lender required Mortgage a condltlom of malong the Loan end Borrower was nqurted to make se>pArately designated PsYm f d the ptuetiums far Mortgage Inemanoe, Borrower shall pay the prremiums required to maintain M in eaffect, or to provide a non-refundable lose reserve, until Lender's requirement for M uance, ends in d- with any written agreement between Borrower and Lender providing f-d- 'or until tormination is required by Applicable Law. Nothing in this Section 10 effects Bo bligation to pay interest at the nee provided in the Note Mortgage Inamrance reimburses Lender (or any entity that purchases the Not losses it may incur if Borrower does cot repay the Loan as agreed. Borrower is not a party to the insurance. rsrn"nVArtrn-mete rally--rite MadFreddle aw to m xm Dammam I I re=sear Usi maarss -SPNr) MFPA3112 (Pa8e8of16pagea) 7 8391 o t rm„ Mortgage insurers evaluate their total risk on all such insurance in force from tbu to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. rhem agreements arc on terms and conditions that are satidactcry to the mortgage insure and the other (or patties) to these agreements. These agreements may require the mortgage insures to make payments any source of funds that the mortgage insurer may have available (which may include funds obtain from Mortgage Insurance p vmiums). An a result of these agreements, Leader, any purchaser of the Note, another inum, y reinsurrer, any other entity, or any at$liste of any of the foregoing, may receive (directly or indirectly) that derive from (or might be characterized as) a portion of Borrower's payments for Mortgawe in exchange for sharing or modifying the mortgage insiase•s risk, or reducing losses. If such t provides that an afBliste of Leader takes a sham of the insora's risk in exchange for a ahere of the urns paid to the insurer, the arrangement is often teed "captive reinsurance Further . (a) Any such agreements wM not aged the amounts that Borrower has to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not in the smount Borrower wE owe for Mortgage Insurance, and they will not endue Borrower to any (b) Any such agreements will not affect the rights Borrower has--][f and respect to the Mortgage Insurance under the Homeowners Protection Ad of 1998 or any other law me rights nury lndade the right to reeehe eC1'tsln dIC1105111res, to request and obtain of ds Mortgage Insurance, to have the Mortgage Insurance termfoated automatcally, and/or to rood a retbnd of any Mortgage Imuranee premiums that were unearned at the lima of arch eanedbdtion teradnation. IL AssigOment of bliseeNiumo%is Proceeds; Forfettore. All Misoellaneous Px coeds are hereby assigned to and dull be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to rmtoM : n or repair of the Property, if the restoration or repair is economically feasible and Landers socurity i8 lessened. During such repair and restoration period, Lender shall have the right to hold such Miwellaa Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been rated to Lender's satisfaction, provided that such inspection "be undertaken promptly. Lends y the repai rs and restoration in a single didkw mcnt or in a emus of progress payments a the is leted. Unless an agreement is nude in writing or Applicable Law rapm+as interest to be paid on Proceeds, Lander shall not be required to pay Borrower any interest or earnings on such Micenant4 is Proceeds. N the restoration or repair is not economically feasible or Lender's security would be 1 the Miscellaneous Proceeds shall be applied to the sums secured by this Security bstrunhent, whether or n then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the provided for in section 2. In the event of a total taking, deenvction, or loss in value of the Property, the aaeom Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then d with the excess, if any, paid to Borrower. In the event of a putt W taking, deatruction, or loss in value of the Property in w ch the fair market value of the Property immediately before the partial taking, destruction, or loss in value ' equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial talong, destruction, or loss in value, unless Borrower and Lender otherwise aguoc in writing, the s ran secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property ' y before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. PW9NTLVAHIA-SLSb Pamny-Famde MeelFnddle Mac UNIFORM D011MU1111 W F. Form no Lei n®alaaaa ml) MFPA3112 (Page9ofl6pagers) T area of 6n 8a1 • i In the event of a partial taking, destruction, or loss in value of the Property in the fair market value of the Property immediately before the partial taldog, destruction, or loss in val is leas than the amount of the eons secured immediately before the partial taking, destruction, or in value, unless Borrower and Leader otherwise agree in writing, the Miscellaneous Proceeds shall be lied to the sums secured by this Security Tpatrvment whether or not the an= am then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower t the Opposing Party (w defined in the nod sentence) offers to make an award to settle a claim for dama a, Borrower falls to respoml to Lender within 30 days after the date the notice is given, Lender is to collect and apply the Misoellaneous Proceeds either to restoration or repair of the Property or to the at as secured by this Security Instrument. whether or not then due. "Opposing Party" means the third party fl it owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in re d to Miscellaneous Procee s. Borrower shall be in default if any action or proceeding, whether civil or crumna is began that, in Lender's judgment, could result in forfeiture of the Property or other material impai ment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cue NX I a definnk and, if aoctlmdm has occurred, reinstate as provided in Section 19, by causing the action proceeding to be dismissed with a ruling that, in Leader's judgment, precludes fort tme of the Propert or other material impairment of IAwWs interest in the Property or rights under this Security instrument. l ic pmeceds of any award or claim for damages that are attributable to the impairment of Lender's interest the Properly am hereby assigned and stall be paid to Lender. All Miscellaneous Proceeds that are not applied to rostoration.or repair of the PRfopmma shall be applied in the order provided for in Section 2. 11 Borrower Not Released; Forbeanaee By Landau Not a Wad, pixtenei of the time for payment or modification of amortization of the sums secured by this Security Instrument by Lender to Borrower or any Snocassor in Interest of Borrower shall not operate to release the Bahl of Borrower or any Successors in Interest of Borrower. Lender shell not be required to commence prom against any * Successor in Interest of Borrower or to rduso to extend time for payment or otherwise amortization of the sums secured by this Security Instrument by reason of any demand made by the Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising tight or remedy inchrding, without Irritation, Lender's acceptance of payments from third persons, anti ' or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a wai or preclude the exercise of any right or remedy. 13. Joint mad Several Liability; Co-signers; Successors and Assigns Bound. covenants and agrees that Borrower's obligations and liability aball be joint and several. However, Borrower who oo-signs this Security Instrument but does not execute the Note (a "co-signeel: (a) is co-a . this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property the terms of this Security Instrument; (b) is not personally obligated to pay the emus secured by this Seatz ty Instrument; and (c) agrees that Leader and any other Borrower can agree to extend, modify, f or make any aoootmmodatiom with regard to the terms of this Security Instrument or the ate without the coo-?a comet Subject to the provisions of Section 18, any Successor in Interest of Borrower who Borrower's obligations under this Security Instrument in writing, and is approved by Lender, i hall obtain all of Borrower's rights sail benefits under this Security Instrument Borrower shall n be released from Bcaower's obligations and liability under this Security Instrument unless leader agree i to such release in writing. The covenants sad agreements of this Security Instrument shall bind (except as vided in Section 20) and benefit the successors and assigns of Leader. PWJN YLVAMA--%n&Famfly- isoleMwA eddle Mw UNIFORM INEUTaMIMT rtattssatotamt) MFPA3112 (Page10efl6paim) Tetna.uav aitEllTlAta) ¦ oruunuuaau-tvt 0 IL Loan Chafes. Lender may charge Borrower fees for services performed i Borrower's defsalt, for the purpose of protecting Lender's interest in the property = Security Instrument, inchidding, but not limited to, attorneys' fens, property inspection and regard to my other Sees, the absence of express authority M this Security Inshummt to Cl to Borrower shall not be construed as a prohibition on the charging of such fee. Lender n that are expressly proldblted by this Security Instrument or by Applicable Law. If the Loan is subject to a law which seta maximum loan charges, and that law is fn that the interest or other loan charges collected or to be conected in connection with th permitted limits, than: (a) any such loan charge shall be reduced by the amount noes charge to the permitted limit; and (b) any sums already collected from Borrower which e limits will be refunded to Borrower. Lender may choose to make this rdkmd by reducing under the Note or by making a dirax payment to Borrower. If a refund reducer principal be treated as a partial prepayment without any prepayment charge (whother or not a pre provided for under the Note). Borrower's acceptance of any such refund made by direct ps will oonstitute a waiver of any right of action Borrower might have arising out of such ova 1S. Nodem An notiaa given by Borrower or Lender in connection with this S must be in writing. Any notice to Borrower in connection with this Security Instrument have been given to Borrower when mailed by first class mail or when actually delivered tr address if sent by other mesas. Notice to any one Borrower shall oonstitato notice to al Applicable Law expressly requires otherwise. The notice address shall be the Proper Borrower bas designated a substitute notice address by notice to Leader. Borrower aho Lender of Borrower's change of address. If Lender specifies a procedure for reporting Be address, than Borrower shall only report a change of address through that specified proca only one designated notice address under this Security Instrument at any one time. Any no be given by delivering it or by mailing it by first class mail to Lender's address stated ho has designated another address by notice to Borrower. Any notice in connection with this shall not be deemed to have bean given to Lender until actually received by Lender. H an} this Security Instrument is also required under Applicable Law, the Applicable Law rap the corresponding requirement under this Security Instrument 16 Governing Law; Severabinty; Rules of Con ftmedom This Security h governed by federal law and the law of the jurisdiction in which the Property is loca obligations contained in this Security Instrument are subject to any requirements Applicable Law. ApplicAble Law might explicitly or impliddy allow the panties to agn might be silent, but such silence shall not be construed as a prohibition against agreemew event that any provision or clause of this Security Instrument or the Note conflicts with A, conflict shall not affect other provisions of this Security Instrument or the Note which without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall oorreepondmg neuter words or words of the feminine gender, (b) words in the singe include the plural and vice versa; and (c) the word "may" gives sole discretion without am any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this se 13. Treader of &a Property or a Beme dal Interest in Borrower. As used 'Interest in the Propaly" moans any legal or beneficial interest in the Property, includ nj those beneficial interests transferred in a bond for deed, contract for deed, installma escrow agrnanrent, die intent of which is the transfer of title by Borrower at a fntune data t PMW4 xLVAM&--SiaatePsmay-F%oteMeeTreddteMeeUNIFOR UNIFORM DUMUMENT nos Issue (MI) MFPA3112 (Page 11 of l6pua) connection with rights under this valuation fees. In rga a specific fee y not charge foes ray interpreted so Loan exceed the ry to reduce the oceded permitted 0 principal owed be reduction win synert charge is neat to Borrower mity Instrument all be deemed to orrowces notice otrowees unless Address unless Promptly notify ewer's change of u. There may be e to Lender shall in unless Lender a city Instrument tine required by meat will satisfy rument d a be d. All rights and d limitations of by contract or it y contract. In the icable Law, such r be given effect roan end include r shall mean and obligation to take ardty instrument n this Section 18, but not limited to, selas contract or a purchaeor. Fora 30301,41 0 H all or any part of the Property or any Interest in the Property is sold or transferred not a natural person and a beneficial interest in Borrower is sold or transferred) with written consent, Leader may require immediate payment in full of all sums secure c Instrument However, this option shall not be exacised by Lender if such eacercdse Applicable Law. If Leader exercises this option, Lender shall give Borrower notice of ac celerabor provide a period of not lees than 30 days from the date the notice is given in accordant within which Borrower must pay all sums secured by this Security Instrument If Borrowe same prior to the aspiration of this period, Lender may invoke any remedies permitte I>mOrnmemt without further notice or demand on Borrower. 19. Barroww's Right to Rtdnstate After Acceleration. If Borrower meets Borrower shall have du right to have enforcement of this Security instrument discontinue to the earliest of: (a) five days before sale of the Property pursuant to any power of sal Security Instrument; (b) each other period as Applicable Law might specify for the termini right tD reinstate, or (c) entry of a judgment enforcing this Security Instrument Those Borrower: (a) pays Leader all an= which then would be due under this Security Intro no N no aeodarstion had occurred, (b) arse any default of any other covenants or agrees expenses incurred in enforcing this Security Instrument, including, but not limited to, to fees, property inspection and valnstion fees, and other fees incurred for the purpose of I interest in the Property mead rights under this Security instrument, and (d) takes such act reasonably require to swum that Leader's interest in the Property and rights under this S and Borrower's obligation to pay the sums secured by this Security instrument, shall a Lender may require diet Borrower pay such reinstatement sums and expenses in one or u fame, as selected by Lends: (a) cash; (b) money order, (c) certified duck, bank check, t cashier's check, provided any such check a drawn upon an institution whose deposit federal agency, instrumentality or entity; or (d) Electronic Funds Transfer . Upon reinstate this Security Instrument and obligations secured hereby shall remain folly effective as if : occurred. However, this right to reinstate shall not apply in the ease of acceleration under! X Bob of Note; Change of Loan Serview; Notice of Grievance. The Note or the Note (together with4his Security Instrument) can be sold one or more times with Borrower. A sale might result in a change in the entity (mown as the "Loan Se nicer") th Payments due under the Now and this Security haetrument and performs other maq obligstioas under the Notes, this Security, Instrument, and Applicable Law. There also mi champs of the Loan Se nicer unrelated to a sale of the Note. If there is a change of Borrower will be given written notice of the change which will state the name and addre Servieer, the address to which payments should be merle and any other information ] connection with a notice of transfer of servicing. If the Note is sold and thereafter the IA Loan Servicer other than the purchaser of the Note, the mrortgage loan servicing obligatio remain with die Loan Servicer or be transferred to a successor Lean Servicer and am i Nob prchaser union oftrwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined tD any judicial i individual litigant or the member of a class) that arises from the other party's actions purse Instrument or that alleges that the other party has breeched any provision of, or any duty this Security Instrument, until such Bcnuwer or Lender has notified the other party (wit in compliance with the requirements of Section 15) of such alleged beach and afforded d a reasonable period after the giving of such notice to take corrective action. If Applies PZNMTLVAM&-fibPmiip-FmmteMmffro bMae UNMRMIIfrRUMKNT rtactasOL12P rt) WPAM12 (Page 12ofl6pages) or if Borrower is amt Lender's prior by this Security is prohibited by The notice shall with section 15 Win to pay these by this Security rtain conditions, at any time prior contained in this on of Burrowees mditions are that it and the Note as rote; (c) pays all unable attorneys' rtacting Lender's n as Leader may urity Instrument, throe unchanged. e of the following usurer's check or we insured by a sent by Borrower, a acceleration had lion lg. partial interest in u prior notice to collects Periodic Be loan servicing rot be one or nom 1e Loan Servioer, of the new Loan 3SPA requires in a is serviced by a u to Borrower Will R assumed by the lion (as either an nt to this Security wad by reason of, such notice given other party hereto e Law provides a yam 3001001 time period which mast elapse before certain action can be taken, that tine period be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportuni to cam given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower t to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions Section 20. 2L Haaardoas Substances. As used in this Section 21: (a) "Hazardous we those substances defined as tonic or hazardous substances, Pollutants, or wester by Bn ' Law and the following substances: gasoline. kerosene, other flammable or toxic petroleum products, pesticides and herbicides, volatile solvents, materiels containing asbestos or formaldehyde, and red ve materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Pr% is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" Inc] say reelwnee action, remedial action, or removal action, ere deleted in Environmental Law; and (d) 'Environmental ConditioII means a condition that can cause, contribute to, or otherwise trigger an En Cleanup. Borrower shall not cause or permit the presence, sere, disposal, storage, or release any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Bor shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of y Environmental 11 Law, (b) wbwh creates an Environmental Condition, or (c) which, due to the preset releeee of a or Hazardous Substance, creates a condition that adversely affects the value of the Property. preceding two sentences shall not applf to the preaence, use, or storage on the Property of small quimm ties,of Hazardous Substances that are generally recognized to be appropriate to normal residential now wad maint of the Property (including, but net limited to, hazardous wbstances in consumer products). Borrower shall Promptly give Lender written notice of (a) any investigation, claim, amand. lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual kdge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, sae or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower 1 or is notified by any governmental or regulatory authority, or any private party, that any rennoval or other •on of any hazardous Substance affecting the Properly is necessary, Borrower shell promptly all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create y obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lander further covenant and agree follows: 22. Acceleration; Remedies. Le ider shall give notice to Borrower prior to following Borrower's branch of any covenant or agreement In thls Security basbrament not prior to actoeletatien under Section 18 ruler Applicable Law provides otherwlee). shun soft Borrower at', among other things: (a) the dellealt; (b) the action required to can 'I deeaalt; (c) when the d dint mast be cared; and (d) that fa8mre to core the ddkWt as may reealt is aooelamdon of the smrA secured by this SecmiEy bnhament, foreclosure by proeesdhrg and ode of the Property. Lender shah farther brform Borrower of the right to after JWCcWk%t1oK and the rlgbt to ecwert in the foredesare proceeding the nos-e?etnocx of a deGaolt any other defenses of Borrower to aooelaatlon and foreclosure, )U the deBmtt is not cured ere Lends at Its option may require immediate payment In fall of an same secured by this Security wHhout further demand and m>p forodose this Security Imtroatent by Judicial P Lender sbal be enttlled to called an eapessm Incurred in punrsnhag the remedies provided In this n 22, Inelurdh% but not nudted to, attorneys' tees and poets of title evidence to the extent peamiited Apocable Law. I?ZKN LVMUA--al *POWity 7mdeMasTreddleMwUNIFOHM DUMUAffiVP F.3WIffil gpppgtp 873 erertsawtstaott) MFPA3112 (Page 13ofl6pagar) Todwrest t]hoe?etb»tt?at 0 23. Rdeam Upon payment of all sums secured by this Security 9wt t, this *curity Instnmuat and the estate conveyed shall terminate and become void. After such oaender discharge and satisfy this Security Instrument Borrower shall pay any recordation coatsmay chstO Borrower a fee for releasing this Secu ity Inst?ent, but only if the fee is paid to a thir?ja-nd ered and the charging of the fee is pacadved under Applicable Law. 24. Walvem Borrower, to the extent permitted by Applicable Law, waives any error or d?ects in proceedings to enforce this Security Instrument, and hereby waives the ny prese nt or future laws providing for stay of execution, a to Sion of time, exemption from attachment, and sale, and homestead exemption. 23. Rdastatemeat Period. Borrower's time to reinstate provided in Section 19 iliall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursiml to this Security Instmment. 26. Psacbsse Money Mortgage. If any of the debt secured by this Security lm?rument is lent to Borrower to aapriro title to the property, this Security Instrument shall be a purchase mono mortgage. 27. Interest Rabm tr Judgment. Borrower agrees flat the interest rate payable a judgment is entered on the Note of in an action of mortgage foreclosure shall be the rate payable from ' to time under the Note. PENMYLVANU-9b& F nit FaaebMadLheddisMacUIaFORMDOTRUMENT Form 303 VK rtar weer cant) MFPA3112 (pegs I4 of 16 pagv) To &1? ?FAN -ctrl I 0 • BY SIGNING BELOW, Borrower accepts and agrees to the tame and covenants 1 through 16 of this security Instrument mad in any Rider executed by Borrower and zecon L, AZ ER Ba(ao?wW (seal) -B?cowet I (Seal) -Bmowa Witness: Witaese: ?J 6 am?er- PE N SYLVANU-Sl gle Fe®ily-Fa®te MadFrreMleMae UHIFORM DWRUDUM MMA IMMU amt) MFPA3112 (Page 15 of l6 pager) rained in pages Wien iL -Bmmur (?U -Bmo?ea Faro 3039 L01 • 1 State of P ? Casnty of = Z =. FA me, On this the day of t`-x b f. the un offimrr, personally appeared JENNY R. i knows to me (or satisfactorily proved) to be the person(s) whose name(s) Is subscribed to the within ihehument and acknowledged that he/she executed the for the purposes therein contained. IN wPTNESS V41BREOF, I hereunto ad my hand and official seal. n e TH OF PENNSYLVANIA JssierN. CierNA.ibsWNedyPublc C?atlsnbb3sA DaPHn t)e3nty eAycbmnbNon asMw.:M2= 'kfgk r. Pennryivads Ai„ocipsm orPl b*w 'rteb of t)ffioer My commission expires: :5 -- After Recording Return To: FIRST FRANKLIN . do SECURITY CONNECTIONS 1935 INTERNATIONAL WAY IDAHO FALLS, ID 83402 ?,- CERTIFICATE OF RESIDENCE I, Q r 1 Zt t?l' 1 f? "?tr do hereby certify that the correct address of the within usmed lender is 2150 NORTH FI JOSE, Callibmia 95131 day of e IM (=3(:, (? Witness my bona this _ by STREET,SAN i\------ Amm t of t PIMOnVAMA-SLI&Fmny-Fm,%M=WmddisMaeUNMRMDWRIMWr ?pppy? Fffm 303P list (Pagel6ofl6pasm) 7ebider i ?Rec?ll?6a i1„ rtaaweaislami) MFPA3112 . . • M PREPAYMENT RIDER Tads prepayment Rider is made this 24th day of Otto r 2005 and is incorporated into and shall be deemed to amend and supplement the mortgage, of Trust or the Security Dead (de "Securik Instrument") of the same date given by the undersigned (the wer") to save Borrower's Note (the "Note") to FIRST FRANKLIN A DIVISION OF NAT. CITY BANK OF IN (the "Lender") of the same date and covering the property described in the Security Ins and located at 162 EAST CHAPEL AVENUE CARLISLE, PA 17013 ADDITIONAL COVENANTS. In addition to the covenants and agreements rr a& in the Security roatiument, Borrower and Lender further covenant and agree as follows: Borrower can make it partial prepayment at anytime without paying any charge may make a full prepayment at say time subject to a prepayment charge as follows: If within the fast 36 months after the date Borrower execatles the Note, Bo ?owcr makes a fall prepayment (including prepayments occurring as a result of the acceleration of the me iuriv of the Note), Borrower must, as a condition precedent to a full prepayment, pay a prepayment charge any amount pieipmd in any 12 month period in excess of 20% of the unpaid balance. The prepayment chap equal the interest that would accrue daring a six-month period on the Excess Principal calculated at the ra of interest in effect under the terra of de Notwat the time of the full prepayment NOTICE TO BORROWER Do not sign this loan agreement before you read It. This loan agreement provides f the payment of a penalty if you wish to repay the loan prior to the date provided for repayment In the 1 agreement SIGNING BELOW, Borrower accepts and agrees to the terms and en contained in this Prepayment Rider. • f `- (Seal) USER -13enower (Saal) (Seal) -Bonowa Irked Rata and Raflan PreirMsest Rider - Flirt I.tea - AL, AZT CA, CO, CT, DC, DR, FU GA, E% ID, I.A. Mr. ND, N$ NA NY, NY, OIC, OR, PA, fir_ SD, TN, Tx, UT, WA, WY I it Legal Description Property Address: 162 E CHAPEL AVENUE, CARLISLE, PA 17013 LOT: BLOCK: Borough of: CARLISLE BOROUGH County: CUMBERLAND COUNTY Dimension: Nearest Cross Street: ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCHBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT, AT LANDS NOW OR FORMERLY OF JOHN PARK AT THE SOUTHERN RIGHT OF WAY LINE OF EAST CHAPEL AVE., 17,5 FEET, MORE OR LESS TO LANDS NOW OR FORMERLY OF CHARLES T. RHINESMITH; THENCE ALONG SAID LANDS OF CHARLES T. RHINESMITH SOUTHWARDLY 103 FEET, MORE OR LESS TO LANDS FLOWER FORMERLY OF WILLIAM D. RHINESMITH; THENCE ALONG SAME EASTWARDLY 17.5 FEET, MORE OR LESS, TO LANDS NOW OR FORMERLY OF JOHN PARK; THENCE ALONG SAID LANDS OF PARK NORTHWARDLY 103 FEET, MORE OR LESS TO THE RIGHT OF WAY OF EAST CHAPEL AVE., THE PLACE OF BEGINNING. BEING KNOWN AND NUMBERED AS 162 EAST CHAPEL ALLEY. AND BEING THE SAME TRACT OF LAND WHICH DONALD E. DIEHL, BY DEED DATED DECEMBER 18, 2001 AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY IN DEED BOOK 249, PAGE 3427, GRANTED AND CONVEYED UNTO MICHAEL C. DIEHL, TRUSTEE FOR COLLIN DIEHL, A MINOR UNDER DECLARATION OF TRUST. THIS REPORT SHOULD NOT BE CONSIDERED, AND IS NOT INTENDED TO BE, ANY FORM OF A TITLE GUARANTY OR TITLE INSURANCE. Page 6 VERIFICATION Joel A. Ackerman, Esquire hereby states that he is attorney for US Bank National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust Mortgage Pass- Through Certificates, Series 2006-FF2 in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 (c) and that the statements made in the foregoing pleading in the Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is the undersigned's intention to substitute verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this Pa. C.S. Sec. 4904 relating to unsworn ? V ?. .lv Dated: Joel PA I s 4adg inject to the penalties of 18 #202729 Zucker, Goldberg & Ackerman, LLC FCP-138746 ro IN THE COURT OF JUL 15 2010 ~, PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U. S. BANK NATION L ASSOCIATION, AS TRUSTEE FORT E HOLDERS OF THE FIRST FRANKLIN M RTGAGE LOAN TRUST MORTGAGE ASS-THROUGH CERTIFICATES, SE S 2006-FF2 vs. JENNY R. HUBER Plaintiff, Defendant. CIVIL DIVISION NO.: 2010-03538 ORDER OF COURT ~~ AND NOW, thi / day of ~ / __ , 2010, upon consideration of Plaintiff's Motion for Special Service, it is hereby ORDERED, ADJUDGED AND DECREED that Plaint ff shall serve its Complaint in Mortgage Foreclosure and Notice of Sale, if necessary, on Defen ant(s) Jenny R. Huber, by instructing the Sheriff of Cumberland County to POST a copy of sa eon the Mortgaged Premises, being 162 East Chapel Avenue a/k/a 162 East Chapel Alley, Car isle PA 17013, and by mailing a copy, via Certified Mail, no signature required and First Clas U.S. Mail, Postage Prepaid with said service being valid and complete uvon such nostine and ailins? in accordance with Pa.R.C.P. 430. ~opr n1a; l ~l 7/~ BY THE COURT: C~ ^' ~--- ~ _/ - Tm, ~'Yi T' .. ~...~ ~~~ r5 ~:~;: ~? ;-~- ~- =~ ~,: !4 Zucker, Goldberg & Ackerman, LLC FCP-138746 IN THE COURT OF (~OMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U. S. BANK NATION L ASSOCIATION, AST USTEE FOR THE HOLDERS OFT E FIRST FRANKLIN MORTGA E LOAN TRUST MORTGAGE ASS-THROUGH CERTIFICATES, SERI S 2006-FF2 Plaintiff, CIVIL DIVISION NO.: 2010-03538 TYPE OF PLEADING: MOTION FOR SPECIAL SERVICE ON DEFENDANT PURSUANT TO Pa.R.C.P. 430 FILED ON BEHALF OF: vs. JENNY R. HUBER Defendant. COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire- Pa. I.D. #55650 Kimberly A. Bonner, Esquire- Pa. I.D. #89705 Joel A. Ackerman, Esquire- Pa I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908)233-8500 (908) 233-1390 FAX offiee~c~r),zuckergo l dberg.com File No.: FCP- 138746/ad Zucker, Goldberg & Ackerman, LLC FCP-138746 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS CIVIL DIVISION TRUSTEE FOR THE HOLDERS OF THE FIRST FRANKLIN MORTGAGE LOAN NO.: 2010-03538 ~ TRUST MORTGAGE PASS-THROUGH c~~.--. o ---~ CERTIFICATES, SERIES 2006-FF2, -~~~;=;~° ~,_- -c ~ N r i 1-1 r-; Plaintiff, ~ ~ - rv vs. ___ . - _,_. . . --- -,-- ~ --. .~. ~. JENNY R. HUBER =,. Y`, ~ ~ c.:: --~ Defendant. PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please mark the Complaint in Mortgage Foreclosure filed at the above-captioned term and number reinstated. ZUCKER, BY: Dated: July 19, 2010 Scott A. D' rick, Esquire; A I.D. #55650 Kimberly A onner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Attorneys for Plaintiff FCP-138746/ad 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com 0 Ca~v~o 9sN t~['~'Vf!'1~l1 ~~' ays ~o3e SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F~~ Sheriff c I~!~ ~.:. ,r~~, ~a~,qt~ o~ ~It1~bp~f~~~ Jody S Smith , , ,. Chief Deputy ~ { rE~$ ,~ 2~ ~ ~ ~' ~ i f Richard WStewart =" ~ f "5y [~ I i OFFICE QF''~E r•.ERIFF "'~I ;~ I ~~.°°i (fit' Solicitor US Bank National Association Case Number vs. 2010-3538 Jenny R. Huber SHERIFF'S RETURN OF SERVICE 07/26/2010 02:20 PM -Robert Bitner, Deput~r Sheriff, who being duly sworn according to law, stated that on July 26, 2010 at 1420 hours, he served atrue copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jenny R. Huber, pursuant to order of court by posting the premises located at 162 E. Chapel Avenue, Carlisle, Cumberland County, Pennsylvania 17013 with a true and correct copy according to law. ROB T BITNER, EPUTY SHERIFF COST: $39.40 July 27, 2010 SO ANSWERS, ~~ RON R ANDERSION, SHERIFF (c) CountySuite Shenff. Teleosoft, Inc. ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE FIRST FRANKLIN MORTGAGE LOAN TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF2, Plaintiff, vs. ISSUE NO.: 2010-03538 TYPE OF PLEADING AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO Pa.R.C.P., 430 SPECIAL ORDER OF COURT JENNY R. HUBER CODE: FILED ON BEHALF OF: Defendant. US Bank National Association, as trustee for the holders of the First Franklin Mortaa~e Loan Trust Mortgage Pass-Through Certificates, Series 2006-FF2 COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire PA I.D. #55650 Kimberly A. Bonner, Esquire- PA I.D. #89705 Joel A. Ackerman, Esquire- PA I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX office(a~,zuckersol dbera. com File No.: FCP- 138746/ad ~~ ~ i :~ ~ ~~ ~ -~ =?~ ,~_ , ~ _.v :.~ . ~ ;: ., . r c., -v . = - r ' ifi - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS CIVIL DIVISION TRUSTEE FOR THE HOLDERS OF THE FIRST FRANKLIN MORTGAGE LOAN NO.: 2010-03538 TRUST MORTGAGE PASS-THROUGH . CERTIFICATES, SERIES 2006-FF2, Plaintiff, vs. JENNY R. HUBER Defendant. AFFIDAVIT OF SERVICE OF COMPLAINT IN MORTGAGE FORECLOSURE ON DEFENDANT PURSUANT TO ORDER OF COURT I, Scott A. Dietterick, Esquire, Kimberly A. Bonner, Esquire, Joel Ackerman, Esquire, attorney for Plaintiff, US Bank National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2006-FF2, being duly sworn according to law depose and make the following Affidavit regarding the service of Plaintiff s Complaint in Mortgage Foreclosure on Defendant, Jenny R. Huber, as follows: On or about July 15, 2010, an Order of Court was entered granting Plaintiff s Motion for Service of Complaint in Mortgage Foreclosure Pursuant to Special Order of Court. A true and correct copy of said Order is marked Exhibit "A", attached hereto and made a part hereof. 2. Pursuant to said Order, on or about July 22, 2010, Zucker, Goldberg & Ackerman, LLC, the counsel for Plaintiff served Defendant, Jenny R. Huber with a true and correct copy of Plaintiff s Complaint in Mortgage Foreclosure, via First Class U.S. Mail and Certified Mail, Return Receipt Requested to the defendant's last known address being 162 East Chapel Avenue, Carlisle, PA 17013. A true and correct copy of said returned receipt and certificate of mailing are marked Exhibit "B", attached hereto and made a part hereof. 3. Pursuant to said Order, on or about July 26, 2010, the Sheriff of Cumberland County posted the property subject to the Mortgage, being 162 East Chapel Avenue AKA 162 East Chapel Alley Carlisle, PA 17013 with a true and correct copy of Plaintiff's Complaint in Mortgage Foreclosure. A true and correct copy of the Service Form from the Cumberland County Sheriff s Office is marked Exhibit "C~, att~heyf h~etc~}nd made a part hereof. ZUCKER, ,LLC BY: Dated: August 30, 2010 Scott A iett 'ck, Esq ire; PA I.D. #55650 Kimbe y A. Bonner, Esquire; PA I.D. #89705 Joel A. kerman, Esquire; PA I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FCP-138746 (908) 233-8500; (908) 233-1390 FAX E-mail: Office@zuckergoldberg. com Sworn to and subscribed before me th~,~th day of August, 2010 MY COMMISSION EXPIRES: ,~a.~ scHw~w~ n c I,tlon ~ z3e~a~e Notary Pu`bilo, ~tett o} Now Jersey My ~ m.ir~4a ~01~4 r®• ;~ EXHIBIT A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U. S. BANK NATIONAL ASSOCIATION, . AS TRUSTEE FOR THE HOLllERS OF THE CIVIL DIVISION FIRST FRANKLLN MORTGAGE LOAN TRUST MORTGAGE PASS-THROUGH ; NO.: 2010-03538 CERTIFICATES, SERIES 2006-FF2 Plaintafl:, , vs. JENNY R. HUBER Defendant. ,, RDER CO AND NOW, this day of , 2010, upon consideration of Plaintii~'s Motion for Special Service, 't i hereby RDERED, ADJUDGED AND DECREED that Plaintiff shall serve its Complaint in Mortgage Foreclosure and Notice of Sale, if necessary, on Defendant(s) Jenny R. Huber, by instructing the Sheriff of Cumberland County to POST a copy of same on the Mortgaged Premises, being 162 East Chapel Avenue a/k/a 162 East Chapel Alley, Carlisle PA 17013, and by mailing a copy, via Certified Mail, no signature required and First Class U.S. Mail, Postage Prepaid with said service being valid and. complete upon such vosting and mailing iw accordance with Pa R C P 430. - BY THE COURT: J. ~~~ ~. z„ok~, oo~dbag at a~am~, ~.u FCP-138746 EXHIBIT B ~O~ ~~m X - 7 ~ w m~a v z m ~ ~ V ~ O D N ~ J N_ c0 w_ ~~ w 47 ~"~ ~ L D N W ~ zm°V°~ ~n~~z r==• m~~~ Dm~~ r~~ ~ D ~- om w w w W .- a ~~ LNn ~ ~~ r ~~ r ~~ ~ ~- r .~~~ ~ ~~- ~ ~~~ ru ~~ 0 W Ln ~~ W -el ~+~. ~: i ~ orw~u. ~ yronaea a tae .oii ~.. bee. m tJI~Sm ~r mdua~. ztu. road '~'°m' Scott A. Dietterick, Esquire c% Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 ' ' i ~" ~~~ :: f ., ~.~,~~ ~~.~~ o z ~M ~ $ 01.1° ~. ooa42szass ,lul.2z ~q~o • MAILED FROM ZiPCODE 0 7092 Mountainside, NJ 07092 FCP-138746/ad TEAM B ~"` JENNY R HUBER Fmk x~ ~.~iE 162 EAST CHAPEL AVENUE ~~~~ CARLISLE, PA 17013 ~ Z County of P.Q.: CUMBERLAND E PS Form 3817, Apri12007 PSN 7530-02-000-9065 ~+'~'*"'~' EXHIBIT C SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff` Jody S Smlth Chief Deputy Richaro W Stewart Solicitor ~sapr! et tuls6~~'-1 OfFi6E OF'Tt~ ei!@RIFf FfL~r - ._ i , "~' nay Zf)fQ ~ Fr; f: ~~~ i .,. US Bank National Association Case Number vs. Jenny R. Huber 2010-3538 SHERIFF'S RETURN OF SERVICE 07!26/2010 02:20 PM -Robert Bitner, Deputy Sheriff, who being duy sworn according to law, states# that on July 26, 2010 at 1420 hours, he served a;true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wR~ Jienny R. Huber, pursuant to order of court by posting tie premises located at 162 E. Chapel Avenue, Carlisle, Cumberland County, Pennsylvania 17013 with a true and correct copy according to law. SHERIFF COST: $39.40 July 27, 2010 ROB BITNER, EPUTY SO ANSWERS, ~~i~~'--~-_ RON R ANDERS; N, SHERIFF (c) CountySulN Shenff. Telaosoll, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US Bank National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2006-FF2, CIVIL DIVISION No.:2010-03538 .Fi r 'j ter- s ISSUE NUMBER: TYPE OF PLEADING: -c c PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) n r? rn Plaintiff VS. Jenny R. Huber Defendant(s). I Hereby certify that the last known address of Defendant(s) is/are: 162 East Chapel Avenue a/k/a 162 East Chapel Alley Carlisle, PA 17013 M?4. 44000g* Attorney for Plaintiff FILED ON BEHALF OF: US Bank National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2006-FF2 Plaintiff COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire Pa I.D.# 55650 Kimberly A. Bonner, Esquire Pa I.D. #89705 Joel A. Ackerman, Esquire Pa I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500 Atty File No.: FCP-138746 ? f ?-J-1LC MG?fCpQ AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Scott A. Dietterick, Esquire, Kimberly A. Bonner, Esquire, Joel Ackerman, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendant is not in the military service of the United States of America to the best of his/her knowledge, information and belief and certifies that the Notice of Intent to take Default Judgment was mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. ZUCKER, ,LLC Dated: August 31, 2010 By: Scott ietterick, s >r , PA I.D. #55650 Kimbe ly . Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire PA I.D. #202729 Atty File No.: FCP-138746 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 Email: Office@zuckergoldberg.com (908) 233-8500; (908) 233-1390 FAX worn to and subscribed before me 3 day of August, 2010 My Ommission Expires: EDWARD-J. SCHWAHL 11 Commission #-2383239 Notary Public, State of New Jersey My Commission Expires Mpr0 4014 Zucker. Goldberg & Ackerman, LLC FCP-138746 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US Bank National Association, as trustee for CIVIL DIVISION the holders of the First Franklin Mortgage Loan Trust Mortgage Pass-Through NO.: 2010-03538 Certificates, Series 2006-FF2 Plaintiff, VS. Jenny R. Huber Defendant. NOTICE OF ORDER, DECREE OR JUDGMENT TO: Jenny R. Huber ( ) Plaintiff (X) Defendant ( ) Additional Defendant You are hereby notified that an Ord r, Decree or Judgment was entered in the above captioned proceeding on 'S4141, ( ) A copy of the Order or Decree is enclosed, or (X) The judgment is as follows: $61,797.69 plus interest on the principal sum ($54,270.21) from September 1, 2010, at the rate of $10.97 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Zucker. Goldberg & Ackerman, LIX IT P-13 8746 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US Bank National Association, as trustee for the CIVIL DIVISION holders of the First Franklin Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2006-FF2 NO.: 2010-03538 Plaintiff, VS. Jenny R. Huber Defendant. IMPORTANT NOTICE TO: Jenny R. Huber 162 East Chapel Avenue a/k/a 162 East Chapel Alley Carlisle, PA 17013 DATE OF NOTICE: 8/18/2010 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR B Y ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU 'V=OUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND cPz LANXiTER REFERRAL SERLTCE Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US Bank National Association, as trustee for the CIVIL DIVISION holders of the First Franklin Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2006-FF2 NO.: 2010-03538 Plaintiff, VS. Jenny R. Huber Defendant. AVISO IliIPORT ANTE TO: Jenny R. Huber 162 East Chapel Avenue a/k/a 162 East Chapel Alley Carlisle, PA 17013 FECHA DEL AVISO:8/18/2010 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO IAT fEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA 0 LLANIE LA OFICIRTA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND & LAWYERREFERRkL STRk'ICF Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 ZUCKER, GOLDBERG &ACKERMAN BY: scatt a. `oieweiirfi Scott A. Dietterick, Esquire Attorneys for Plaintiff PA I.D. # 55650 200 Sheffield Street, Suite 301 P. O. Box 1024 Mountainside, NJ 07092-0024 (717) 533-3560 FIRST CLASS U.S. MAIL, POSTAGE PREPAID 138746 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE FIRST FRANKLIN MORTGAGE LOAN TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF2, Plaintiff, VS. ISSUE NO.: 2010-03538 TYPE OF PLEADING AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO Pa.R.C.P., 430 SPECIAL ORDER OF COURT JENNY R. HUBER CODE: FILED ON BEHALF OF: Defendant. US Bank National Association, as trustee for the holders of the First Franklin Mogga?e Loan Trust Mortgage Pass-Through Certificates. Series 2006-FF2 COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire PA I.D. #55650 Kimberly A. Bonner, Esquire- PA I.D. #89705 Joel A. Ackerman, Esquire- PA I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX officeLazuckergoldberia.com File No.: FCP- 138746/ad IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS : CIVIL DIVISION TRUSTEE FOR THE HOLDERS OF THE FIRST FRANKLIN MORTGAGE LOAN NO.: 2010-03538 TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF2, Plaintiff, Vs. JENNY R. HUBER Defendant. AFFIDAVIT OF SERVICE OF COMPLAINT IN MORTGAGE FORECLOSURE ON DEFENDANT PURSUANT TO ORDER OF COURT I, Scott A. Dietterick, Esquire, Kimberly A. Bonner, Esquire, Joel Ackerman, Esquire, attorney for Plaintiff, US Bank National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2006-17172, being duly sworn according to law depose and make the following Affidavit regarding the service of Plaintiff's Complaint in Mortgage Foreclosure on Defendant, Jenny R. Huber, as follows: 1. On or about July 15, 2010, an Order of Court was entered granting Plaintiff's Motion for Service of Complaint in Mortgage Foreclosure Pursuant to Special Order of Court. A true and correct copy of said Order is marked Exhibit "A", attached hereto and made a part hereof. 2. Pursuant to said Order, on or about July 22, 2010, Zucker, Goldberg & Ackerman, LLC, the counsel for Plaintiff served Defendant, Jenny R. Huber with a true and correct copy of Plaintiffs Complaint in Mortgage Foreclosure, via First Class U.S. Mail and Certified Mail, Return Receipt Requested to the defendant's last known address being 162 East Chapel Avenue, Carlisle, PA 17013. A true and correct copy of said returned receipt and certificate of mailing are marked Exhibit "B", attached hereto and made a part hereof. 3. Pursuant to said Order, on or about July 26, 2010, the Sheriff of Cumberland County posted the property subject to the Mortgage, being 162 East Chapel Avenue AKA 162 East Chapel Alley Carlisle, PA 17013 with a true and correct copy of Plaintiffs Complaint in Mortgage Foreclosure. A true and correct copy of the Service Form from the Cumberland County Sheriff's O f f i c e is m a r k e d Exhibit "C s, a t t e h etc nd made a part hereof. ZUCKER, ,LLC BY:_ Dated: August 30, 2010 Scott A ie ck, Esq ire; PA I.D. #55650 Kimbe y A. Bonner, Esquire; PA I.D. #89705 Joel A. kerman, Esquire; PA I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FCP-138746 (908) 233-8500; (908) 233-1390 FAX E-mail : Office@zuckergoldberg.com Sworn to and subscribed before me tlu;th day of August, 2010 MY COMMISSION EXPIRES: ? 444rtr Notary Pub?`,aapp N$ wkJorasy My,Comm;itl?inn Explra• 4 9014 77 EX?BIT A VI / IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U. S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE MOLDERS OF THE CIVIL DIVISION FIRST FRANKLIN MORTGAGE LOAN TRUST MORTGAGE PASS-THROUGH ; NO.: 2010-03538 CERTIFICATES, SERIES 2006-FF2 Plaintiff, vs. , JENNY R. HUBER Defendant. ER ON CO AND NOW, this _P day of , 2010, upon consideration of PlaintifFs Motion for Special Service, hereby RDERED, ADJUDGED AND DECREED chat Plaintiff shall serve its Complaint in Mortgage Foreclosure and Notice of Sale, if necessary, on Defendant(s) Jenny R. Huber, by instructing the Sheriff of Cumberland County to POST a copy of some on the Mortgaged Premises, being 162 East Chapel Avenue alWa 162 East Chapel Ailey, Carlisle PA 17013, and by mailing a copy, via Certified Mail, no signature required and First Class U.S. Mail, Postage Prepaid w ilk mid service being ya 'dad g=lete upon such posting and mailing in accordance with Pa.R.C P 430, BY THE COURT: zu*W oaars a Ackamwk Line FCP-138746 EXHIBIT B QW .. o "' ^ yNw? .w mvw? $ 154 w " 0 N a N c -8 two N ? Z v ? N N b ? r a WWR N .c ? al Thb Waft d pvvklw.w dwwUK=Rb¦rbwpsoaeA *Isp"Ru¦¦wm&lwj 'r°'¦` Scott A. Dietterick, Esquire clo Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 ' 02 Im $ Q1-A00- 0004282036' JUL 22 FIO • MAILED FROM ZIPCODE 07092 Mountainside, NJ 07092 "-138746(ad TEAM B w ¦ "' JENNY R HUBER Pow Hero 162 EAST CHAPEL AVENUE CARLISLE, PA 17013 County of P.Q.: CUMBERLAND PS Fong 3817, April 2007 PSN 7530424004063 JUL 2 20% E,MIBIT C SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff of Grrber?+d OFFICE OF TIM **Pt F FILED Jody S Smith Chief Deputy Richard W Stewart Sofici ar 1010 ai 2 p,i 1: 5•i ?? `ii`i„> • L?r?"il;l; US Bank National Association vs. Cue Number Jenny R. Huber 2010-3538 SHERIFF'S RETURN OF SERVICE 07/2612010 02:20 PM - Robert Bitner, Deputy Sheriff, who being duly swom according to law, staff that on July 26, 2010 at 1420 hours, he served atrue copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit Jenny R. Huber, pursuant to order of court by posting promises located at 162 E. Chapel Avenue, Carlisle, Cumberland County, Pennsylvania 17013 with a true and correct copy according to law. SHERIFF COST: $39.40 July 27, 2010 W CQW41 AW Ohs*. TWW dl, Inc. r. ROB 4BIBITNER, EPU1Y4" SO ANSWERS, RON R ANDERSON, SHERIFF w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION US Bank National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2006- FF2, vs Jenny R. Huber TO THE PROTHONOTARY OF THE SAID COURT: and all other property of the defendant(s) in the possession, custody or corkrol The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract of account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue Writ of Execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s): See Exhibit "A" attached PRAECIPE FOR ATTACHMENT EXECUTION Issue Writ of Attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personality list): Q (I de nt(&esc--'-' '- { J PATE: Augij fc' 4, T 4 -? Q LL C J v: C) C7> V Plaintiff, Defendant. ;) Index this writ against the garnishee(s) as a lis in the attached exhibit. 1, 2010 j q/ D s / o, UD (b 5?`S l3 ? n Amount Due $61,797.69 Interest from 09/01/2010 to date of sale $3,049.66 Costs s Signature: IV/IV 1 .0 Print Name: Scott . ette ck, Esquire Kimb*11y . Bonner, Esquire h s-v5- 0 yYO6 S). the Joel A e an, Esquire Address: Zucker, oldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 Attorney for: Plaintiff Telephone: 908-233-8500 Supreme Court ID No.: 55650 89705 202729 s 39. 4d ?< « z , so s x'1,66 Date- Co File No. 2010-03538 Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCHBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT, AT LANDS NOW OR FORMERLY OF JOHN PARK AT THE SOUTHERN RIGHT OF WAY LINE OF EAST CHAPEL AVE., 17,5 FEET, MORE OR LESS TO LANDS NOW OR FORMERLY OF CHARLES T. RHINESMITH; THENCE ALONG SAID LANDS OF CHARLES T. RHINESMITH SOUTHWARDLY 103 FEET, MORE OR LESS TO LANDS FLOWER FORMERLY OF WILLIAM D. RHINESMITH; THENCE ALONG SAME EASTWARDLY 17.5 FEET, MORE OR LESS, TO LANDS NOW OR FORMERLY OF JOHN PARK; THENCE ALONG SAID LANDS OF PARK NORTHWARDLY 103 FEET, MORE OR LESS TO THE RIGHT OF WAY OF EAST CHAPEL AVE., THE PLACE OF BEGINNING. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 162 EAST CHAPEL AVENUE AKA 162 EAST CHAPEL ALLEY, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH MICHAEL C. DIEHL, TRUSTEE FOR COLIN DIEHL, A MINOR UNDER DECLARATION OF TRUST, BY DEED DATED MAY 14, 2004 AND RECORDED MAY 14, 2004 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 263, PAGE 65, GRANTED AND CONVEYED UNTO JENNY R. HUBER, SINGLE PERSON. TAX MAP NO.: 03-21-0320-116. 7uckcr, (wldhcr? d Ackoman, ITU WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NOIO-3538 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE FIRST FRANKLIN MORTGAGE LOAN TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF2 Plaintiff (s) From JENNY R. HUBER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$61,797.69 L.L.$.50 Interest FROM 09/01/2010 TO DATE OF SALE - $3,049.66 Atty's Comm % Due Prothy $2.00 Atty Paid $210 30 Plaintiff Paid Other Costs Date: SEPTEMBER 9, 2010 (Seal) _7)) Davi 1, Prothon ary By: Deputy REQUESTING PARTY: Name JOEL ACKERMAN, ESQUIRE Address: ZUCKER, GOLDBERG & ACKERMAN, LLC, 200 SHEFFIELD STREET, SUITE 301, MOUNTAINSIDE, NJ 07092 Attorney for: PLAINTIFF Telephone: 908-233-8500 Supreme Court ID No. 202729 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US Bank National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2006-17172, Plaintiff, vs Jenny R. Huber Defendant. CIVIL DIVISION G v Q'I NO.: 2010-03538 y VI r t`. -4 o- AFFIDAVIT PURSUANT TO RULE 3129.1 US Bank National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2006-FF2, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 162 EAST CHAPEL AVENUE AKA 162 EAST CHAPEL ALLEY, CARLISLE, PA 17013. Name and Address of Owner(s) or Reputed Owner(s): JENNY R. HUBER, SINGLE PERSON 162 East Chapel Avenue a/k/a 162 East Chapel Alley Carlisle, PA 17013 2. Name and Address of Defendant(s) in the Judgment: JENNY R. HUBER 162 East Chapel Avenue a/k/a 162 East Chapel Alley Carlisle, PA 17013 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE FIRST FRANKLIN MORTGAGE LOAN TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF2 Plaintiff Tucker,(wldhcrrR 1Acnnan.I1,(' '(`I'-I ;8.746 4. Name and Address of the last record holder of every mortgage of record: US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE FIRST FRANKLIN MORTGAGE LOAN TRUST MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-FF2 Plaintiff FIRST FRANKLIN, A DIVISION OF NATIONAL CITY BANK OF INDIANA 2150 NORTH STREET, SUITE 100 SAN JOSE, CA 95131 Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 UNKNOWN TENANT OR TENANTS 162 East Chapel Avenue a/k/a 162 East Chapel Alley Carlisle, PA 17013 UNKNOWN SPOUSE 162 East Chapel Avenue a/k/a 162 East Chapel Alley Carlisle, PA 17013 Zucl:cr. Cr?ddh?rx? ti ;1?Lia'n?an, i C.{1'(`P-1.i8-740 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 1 verify that the statements made in this A idavit are true d correct to the best of my personal knowledge, information and belief. I un rstand that Ise statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relatin to ns is fi?ation to authorities. ZUCKER D R C ERMAN, LLC Dated: August 31, 2010 BY Scott A. e erick, Esquire; PA I.D. #55650 Kimberly A. onner, Esquire; PA.I.D. #89705 Joel A. Ack rman, Esquire; PA I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FCP-138746 (908) 233-8500; (908) 233-1390 FAX E-mail: Office@zuckergoldberg.com /u :kcr, ( Idhcrs: r1 l„rm iI. 1 i t? Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCHBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT, AT LANDS NOW OR FORMERLY OF JOHN PARK AT THE SOUTHERN RIGHT OF WAY LINE OF EAST CHAPEL AVE., 17,5 FEET, MORE OR LESS TO LANDS NOW OR FORMERLY OF CHARLES T. RHINESMITH; THENCE ALONG SAID LANDS OF CHARLES T. RHINESMITH SOUTHWARDLY 103 FEET, MORE OR LESS TO LANDS FLOWER FORMERLY OF WILLIAM D. RHINESMITH; THENCE ALONG SAME EASTWARDLY 17.5 FEET, MORE OR LESS, TO LANDS NOW OR FORMERLY OF JOHN PARK; THENCE ALONG SAID LANDS OF PARK NORTHWARDLY 103 FEET, MORE OR LESS TO THE RIGHT OF WAY OF EAST CHAPEL AVE., THE PLACE OF BEGINNING. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 162 EAST CHAPEL AVENUE AKA 162 EAST CHAPEL ALLEY, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH MICHAEL C. DIEHL, TRUSTEE FOR COLIN DIEHL, A MINOR UNDER DECLARATION OF TRUST, BY DEED DATED MAY 14, 2004 AND RECORDED MAY 14, 2004 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 263, PAGE 65, GRANTED AND CONVEYED UNTO JENNY R. HUBER, SINGLE PERSON. TAX MAP NO.: 03-21-0320-116. /uckcF. (ti+ ldl)C1> & Aci crman_ I_LC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US Bank National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2006-FF2, Plaintiff, VS. Jenny R. Huber Defendant. CIVIL DIVISION NO.: 2010-03538 G , b r?. 1 _71 A D NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Jenny R. Huber 162 East Chapel Avenue a/k/a 162 East Chapel Alley Carlisle, PA 17013 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 12/08/2010 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The LOCATION of your property to be sold is: 162 East Chapel Avenue a/k/a 162 East Chapel Alley, Carlisle, PA, 17013 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2010-03538 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Jenny R. Huber Zucker, Goldberg & Ackerman, LLC FCP-138746 A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. Zucker, Goldberg & Ackerman, LLC FCP-13 8746 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's ffice, County Courthouse, One Courthouse Square, Carlisle, PA ?77?3WHP, esentation of the petition to the Court. ZUCKER (ICILD[JERGI & jACAEjkMjkN, LLC Dated: August 31, 2010 BY: Scott A. i tteric c, squire; PA I.D. 455650 Kimberl . Bonner, Esquire, PA.I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FCP-138746 (908) 233-8500; (908) 233-1390 FAX E-mail: Office@zuckergoldberg.com VIA ORDER OF COURT. Zucker, Goldberg & Ackerman, LLC FCP-138746 Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCHBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT, AT LANDS NOW OR FORMERLY OF JOHN PARK AT THE SOUTHERN RIGHT OF WAY LINE OF EAST CHAPEL AVE., 17,5 FEET, MORE OR LESS TO LANDS NOW OR FORMERLY OF CHARLES T. RHINESMITH; THENCE ALONG SAID LANDS OF CHARLES T. RHINESMITH SOUTHWARDLY 103 FEET, MORE OR LESS TO LANDS FLOWER FORMERLY OF WILLIAM D. RHINESMITH; THENCE ALONG SAME EASTWARDLY 17.5 FEET, MORE OR LESS, TO LANDS NOW OR FORMERLY OF JOHN PARK; THENCE ALONG SAID LANDS OF PARK NORTHWARDLY 103 FEET, MORE OR LESS TO THE RIGHT OF WAY OF EAST CHAPEL AVE., THE PLACE OF BEGINNING. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 162 EAST CHAPEL AVENUE AKA 162 EAST CHAPEL ALLEY, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH MICHAEL C. DIEHL, TRUSTEE FOR COLIN DIEHL, A MINOR UNDER DECLARATION OF TRUST, BY DEED DATED MAY 14, 2004 AND RECORDED MAY 14, 2004 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 263, PAGE 65, GRANTED AND CONVEYED UNTO JENNY R. HUBER, SINGLE PERSON. TAX MAP NO.: 03-21-0320-116. 7uckcr, Gnldhcrr d Ackerman, 1_(.C Wll-1 8?40 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U. S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CIVIL DIVISION FIRST FRANKLIN MORTGAGE LOAN TRUST MORTGAGE PASS-THROUGH NO.: 20I0-03538 CERTIFICATES, SERIES 2006-FF2 Plaintiff vs. JENNY R. HUBER Defendant. RDER o Co AND NOW, this day of , 2010, upon consideration of Plaintiff's Motion for Special Service, hereby RDBRED, ADJUDGED AND DECREED that Plaintiff shall serve its Complaint in Mortgage Foreclosure and Notice of Sale, if necessary, on Defendant(s) Jenny R. Huber, by instructing the Sheriff of Cumberland County to POST a copy of same on the Mortgaged Premises, being 162 East Chapel Avenue a/k/a 162 East Chapel Alley, Carlisle PA 17013, and by mailing a copy, via Certified Mail, no signature required and First Class U.S. Mail, Postage Prepaid with said service being valid and complete yXon such posting a_ nd mailing in accordance with Pa.R.C.P. 430. BY THE COURT: Zucker, Goldberg do Ackcrmm LLC FCP-138746 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE FIRST FRANKLIN MORTGAGE LOAN TRUST MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-FF2, Plaintiff, Vs. Jenny R. Huber Defendant. c-a C r..7 CIVIL DIVISION a ; = NO.: 2010-03538 Sheriff Sale #: C) "Q TYPE OF PLEADING Pa. R.C.P. RULE 3129.2(C) AFFIDAVIT OF SE RVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST CODE: FILED ON BEHALF OF: US Bank National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2006- FF2 COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire PA I.D. #55650 Kimberly A. Bonner, Esquire- PA I.D. #89705 Joel A. Ackerman, Esquire- PA I.D. #202729 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX office PzuckereoldberR.com File No.: FCP-138746/ml r? --t rn "o rn ::O C3 =p r?? Zucker, Goldberg & Ackerman, LLC FCP-138746 0. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE FIRST FRANKLIN MORTGAGE LOAN TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF2, CIVIL DIVISION NO.: 2010-03538 Plaintiff, vs. Jenny R. Huber Defendant. Pa.R.C.P. RULE 31291c) AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST I, Marie Lindner, a paralegal with the firm of Zucker, Goldberg & Ackerman, LLC, attorneys for Plaintiff, US Bank National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2006-FF2, being duly sworn according to law depose and make the following Affidavit regarding the service of Plaintiff's Notice of Sheriffs Sale of Real Property in this matter on Defendant/Owner and Other Parties of interest as follows: 1. Defendant, Jenny R. Huber, is the record owner of the real property. 2. On or about 10/14/10, Jenny R. Huber, was served with Plaintiffs Notice of Sheriff's Sale of Real Property Pursuant to Pa. R.C.P. 3129, personally by the Sheriff of Cumberland County, at the address of the mortgaged premises, being 162 EAST CHAPEL AVENUE AKA 162 EAST CHAPEL ALLEY, CARLISLE PA 17013. A true and correct copy of said Notice and Return of Service are marked Exhibit "A", attached hereto and made a part hereof. 3. On or about 10/20/10, Plaintiff's counsel served all other parties in interest with Plaintiff's Notice of Sheriff's Sale according to Plaintiffs Affidavit Pursuant to rule 3129.1, via First Class U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. True and correct copies of said Notices and Certificates of Mailing are marked Exhibit "B", attached hereto and made a part hereof. Zucker, Goldberg & Ackerman, LLC FCP-138746 Finally, the undersigned deposes and says that the Defendant/Owner and all other Parties of Interest were served with Plaintiffs Notice of Sheriffs Sale of Real Property in accordance with Pa.R.C.P. 3129.2. ZUCKER, GOLDBERG & ACKERMAN, LLC Attorneys for Plaintiff Dated: November 23, 2010 Sworn to and subscribed before GL2t/ 9 MARIE (114A ER Paralegal/Legal Assistant me 23rd day of mber,,2010 Notary Public MY COMMISSION EXPIRES: KELLY A. QUINN A NOTARY PUBLIC OF NEW JERSEY MY Commission Expires 10/23/2012 Zucker, Goldberg & Ackerman, LLC FCP-138746 EXHIBIT A Zucker, Goldberg & Ackerman, LLC FCP-138746 Nov. 5. •2010 8:41AM No. 3869 P. Z 13?-11? SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Faun Jody 8 Smith Chief beputy 61 ti Richard W Stewart `• . ;W $a/kRor OFFICE OF THE 9MIRIFF US Bank National Association vs Case Number . Jenny R. Huber 2010.3538 SHERIFF'S RETURN OF SERVICE 10/14/2010 Shawn Gutshall, Deputy Sheriff, who being duty swom according to law, states that on 10-14-10 at 1648 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jenny R. Huber, located at, 162 Fast Chapel Avenue alk/a 162 East Chapel Alley, Carlisle, Cumberland County, Pennsylvania according to law. 1014/2010 Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 10-1440 at 1647 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Jenny R. Huber, by making known unto, Jenny R. Huber, personally, at, 162 East Chapel Avenue, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $904.92 November 06. 2010 SO ANSWERS, 71 RON R ANDERSDN, SHERIFF to CotmSuh9 b1m i riIwsa mA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US Bank National Association, as trustee for the CIVIL DIVISION holders of the First Franklin Mortgage Loan Trust Mortgage Pass-Through Certificates, NO.: 2010-03538 Series 2006-FF2, Plaintiff, vs. Jenny R. Huber Defendant. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Jenny R. Huber 162 East Chapel Avenue a/k/a 162 East Chapel Alley Carlisle, PA 17013 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, I Courthouse Square, Carlisle, PA 17013 on 12/08/2010 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 162 East Chapel Avenue a/k/a 162 East Chapel Alley, Carlisle, PA, 17013 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2010-03538 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Jenny R. Huber Zucker, Goldberg & Ackerman, LLC FCP-138746 A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. Zucker, Goldberg & Ackerman, LLC FCP-138746 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's ffice, C County Courthouse, One Courthouse Square, Carlisle, PA 70- 33 , e entation of the petition to the Court. / ZUCKER ft0LDkjEPGj&JACV*M)kN, LLC Dated: August 31, 2010 BY Scott A. i tten c, squire; PA I.D. #55650 ICimberl . Bonner, Esquire; PA.I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FCP-138746 (908) 233-8500; (908) 233-1390 FAX E-mail : Office@zuckergoldberg.com VIA ORDER OF COURT. Zucker, Goldberg & Ackerman, LLC FCP-138746 Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCHBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT, AT LANDS NOW OR FORMERLY OF JOHN PARK AT THE SOUTHERN RIGHT OF WAY LINE OF EAST CHAPEL AVE., 17,5 FEET, MORE OR LESS TO LANDS NOW OR FORMERLY OF CHARLES T. RHINESMITH; THENCE ALONG SAID LANDS OF CHARLES T. RHINESMITH SORTHWARDLY 103 FEET, MORE OR LESS TO LANDS FLOWER FORMERLY OF WILLIAM D. RHINESMITH; THENCE ALONG SAME EASTWARDLY 17.5 FEET, MORE OR LESS, TO LANDS NOW OR FORMERLY OF JOHN PARK; THENCE ALONG SAID LANDS OF PARK NORTHWARDLY 103 FEET, MORE OR LESS TO THE RIGHT OF WAY OF EAST CHAPEL AVE., THE PLACE OF BEGINNING. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 162 EAST CHAPEL AVENUE AKA 162 EAST CHAPEL ALLEY, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH MICHAEL C. DIEHL, TRUSTEE FOR COLIN DIEHL, A MINOR UNDER DECLARATION OF TRUST, BY DEED DATED MAY 14, 2004 AND RECORDED MAY 14, 2004 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 263, PAGE 65, GRANTED AND CONVEYED UNTO JENNY R. HUBER, SINGLE PERSON. TAX MAP NO.: 03-21-0320-116. 7ticker, Goldherg &C Ackerman, 1. LC EXHIBIT B Zucker, Goldberg & Ackerman, LLC FCP-138746 UNITED STATES - POSTAL SERVICE, This CerdfiWe of Meiling provides = a that mail has been presented to USPSO for mailing. This and intsmational mail. From: Scott A. Dietterick, Esquire y c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 JES P% 4 02 1M ? W7QQEV tpW1ES 0004282036 OCT 20 201 0 MAILED FROVA ZIPCODE 0 7092 FCP-138746/jde TEAM D T°` FIRST FRANKLIN, A DIVISION OF NATIONAL CITY Postrn'"° BANK OF INDIANA 2150 NORTH STREET, SUITE 100 SAN JOSE, CA 95131 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES POSTAL SERVIC4 It" Certifieua of Mailing pro-Ma evidence that mail has bees invipe aed to USPM for mailing. TWs k led iater"d"al mail. Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 v 010 . ? ?? ptYNEY tlOV4E5 021M $ 01.100 0004282036 OCT 20 2010 • MAILED FROM ZIP CODE 0 7092 Mountainside, NJ 07092 FCP-138746/jde TEAM D Ta: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 a Posonuk Here Page 1 of 4 UNITED STATES POSTAL SERVICEa This Caiicsts of Muting provides evidenrs that mail has been presented to USPSO far mailing. TI and imernational mail. Frew: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 'Oes P°SrwQ ? R s,re AN0N=i mINfT 80WES .. 02 1M $ 01.101, 0004282036 OCT20 2010 MAILED FROM ZIP CODE C 7092 FCP-138746/jde TEAM D Tel COMMONWEALTH OF PENNSYLVANIA Postrmrk'Here DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 A [I:TED STATES ST& SERVICES This Catdficaeof Mailing provide, evidence that mail has bean presmd to USPSO for ma ft and iamnatioad mail. Prom: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 02 1M $ 01.100 0004282036 OCT 20 2010 MAILED FROM ZIP CODE 0 70 92 Mountainside, NJ 07092 FCP-138746/jde TEAM D T CUMBERLAND COUNTY DOMESTIC RELATIONS Postm `k HCm OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530.02-000-9065 \?v T 2010 Page 2 of 4 uNirEVSrerEs POSTAL SERVICE This Cettifieats OrMailift provides evida ce that nail has been Mh I ad to USPS® for mailing. T and international mail. Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 FCP-138746/jde TEAM D TO: PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 ? 5 t ? ? :•?vahehg?s.? 02 im 7 ®PITNEY$01.100 0 04282036 OCTT20 2010 MAILED FROM ZIP CODE 07"082 ark Hero J County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 ?,? _Sg 10 UNITEDSTATES ' BOWES 02-POSTALSERVICE9 0 21 M $01-100 Ccnifime of MAing provides evidamm tbatmail has been o004282036 CC T 20 2010 This ptmemat to USPS®for mailing This fo MAILED ED FROM ZIP CODE 0 70 92 and international mail. Frorn: Scott A. Dietterick, Esquire W c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 FCP-138746/jde TEAM D ? TFJE TO: UNKNOWN TENANT OR TENANTS 162 EAST CHAPEL AVENUE AKA 162 EAST CHAPEL 'S'hCI ALLEY CARLISLE, PA 17013:. County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 Page 3 of 4 UNITED STATES V POSTAL SERVICE This Catifieateof Mailing provides evidence that mail has bem pretemed to USPS® for msilir. Thi and intonational mail. "'°°' Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 1:01 1'03?1RIO .?.? • gTNEV 60Wfy IM $ 01.10° 0 2 CC 7 20 2010 000442 282036 i WiAiLcD FROM ZIPCODE o7092 Mountainside, NJ 07092 FCP-138746/jde TEAM D TO: UNKNOWN SPOUSE Postmark Here 162 East Chapel Avenue a/k/a 162 East Chapel Alley Carlisle, PA 17013 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 Page 4 of 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CIVIL DIVISION THE HOLDERS OF THE FIRST FRANKLIN MORTGAGE LOAN TRUST MORTGAGE PASS-THROUGH NO.: 2010-03538 CERTIFICATES, SERIES 2006-FF2, Plaintiff, VS. Jenny R. Huber Defendant. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: CUMBERLAND COUNTY TAX CLAIM BUREAU UNKNOWN SPOUSE Cumberland County Courthouse 162 East Chapel Avenue a/k/a 162 East Chapel One Courthouse Square Alley Carlisle, PA 17013 Carlisle, PA 17013 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 UNKNOWN TENANT OR TENANTS 162 EAST CHAPEL AVENUE AKA 162 EAST CHAPEL ALLEY CARLISLE, PA 17013 FIRST FRANKLIN, A DIVISION OF NATIONAL CITY BANK OF INDIANA 2150 NORTH STREET, SUITE 100 SAN JOSE, CA 95131 CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 Zucker, Goldberg & Ackerman, LLC FCP-13 8746 138746D1004C10202010P1 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in: the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 On 12/08/2010 at 10:00am, the following described real estate which Jenny R. Huber, single person are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 162 EAST CHAPEL AVENUE AKA 162 EAST CHAPEL ALLEY, CARLISLE, PA 17013 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). Zucker, Goldberg & Ackerman, LLC FCP-13 8746 138746D1004C10202010P2 The said Writ of Execution has been issued on a judgment in the action of US Bank National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2006-FF2 Plaintiff VS. Jenny R. Huber, et al Defendant(s) at EX. NO. 2010-03538 in the amount of $61797.69 plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriff's Sale or this Notice, you should contact your attorney as soon as possible. ZUCKER GOLDSERG & ACKERMAN LLC BY, Dated: October 20, 2010 Scott A. Dietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FCP-138746 (908) 233-8500; (908) 233-1390 FAX E-mail: Office@zuckergoldberg.com Zucker, Goldberg & Ackerman, LLC FCP-13 8746 138746D1004C10202010P3 Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCHBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT, AT LANDS NOW OR FORMERLY OF JOHN PARK AT THE SOUTHERN RIGHT OF WAY LINE OF EAST CHAPEL AVE., 17,5 FEET, MORE OR LESS TO LANDS NOW OR FORMERLY OF CHARLES T. RHINESMITH; THENCE ALONG SAID LANDS OF CHARLES T. RHINESMITH SOUTHWARDLY 103 FEET, MORE OR LESS TO LANDS FLOWER FORMERLY OF WILLIAM D. RHINESMITH; THENCE ALONG SAME EASTWARDLY 17.5 FEET, MORE OR LESS, TO LANDS NOW OR FORMERLY OF JOHN PARK; THENCE ALONG SAID LANDS OF PARK NORTHWARDLY 103 FEET, MORE OR LESS TO THE RIGHT OF WAY OF EAST CHAPEL AVE., THE PLACE OF BEGINNING. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 162 EAST CHAPEL AVENUE AKA 162 EAST CHAPEL ALLEY, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH MICHAEL C. DIEHL, TRUSTEE FOR COLIN DIEHL, A MINOR UNDER DECLARATION OF TRUST, BY DEED DATED MAY 14, 2004 AND RECORDED MAY 14, 2004 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 263, PAGE 65, GRANTED AND CONVEYED UNTO JENNY R. HUBER, SINGLE PERSON. TAX MAP NO.: 03-21-0320-116. Zucker, Goldberg & Ackerman, LLC <<Field2>)-(<Field1)> o Field 1))D 1004C02/ 12/2008P4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US Bank National Association, as trustee for the CIVIL DIVISION holders of the First Franklin Mortgage Loan Tru: Mortgage Pass-Through Certificates, Series 2006: NO.: 2010-03538 FF2, VS. Jenny R. Huber Plaintiff, Defendant. c o ? irn c- rn? ° 2s 3 o --n :zC) pA ;- m cT ;:0 PRAECIPE TO SUBSTITUTE VERIFICATION PURSUANT TO PaR.C.P. 1024(c) To the Prothonotary: Please substitute the Verification of Co el attached to Plaintiff's Complaint in the above captioned-matter with the attached Verific do f 1. i ZUCKER, G L & 7RMAN, LLC BY: Dated: January 13, 2011 Scott A i tterick, Esquire; PA I.D. #55650 Kimber . Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Attorneys for Plaintiff FCP-138746/bga 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email : Office@zuckergoldberg.com Zucker, Goldberg & Ackerman, LLC FCP-138746 VERIFICATION I, Ryan Hyland, Document Control Officer (title), depose and say subject to the penalties of 18 Pa.C.S.A., sec. 4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing pleading are,true and correct to the best of my information, knowledge and belief. By: Select Portfolio Servicing, Inc. Name: Title: R n Ind, Document Control Officer Zucker, Goldberg & Ackerman, LLC FCP-138746