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HomeMy WebLinkAbout10-3769 PARKER McCAY P.A. By: Mary Wu, Esquire Attorney ID# 209171 Three Greentree Centre 7001 Lincoln Drive West P.O. Box 974 Marlton, NJ 08053-0974 (856) 810-5815 Attorney for Plaintiff File #:14027-0187 The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for the holders of the Certificates, First Horizon Mortgage Pass-Through Certificates Series FH06-AA6, by First Horizon Home Loans, a division of First Tennessee Bank National Association, Master Servicer, in its capacity as agent for the Trustee under the Pooling and Servicing Agreement 4000 Horizon Way Suite 150 Irving, TX 75063 Plaintiff, V. Carl T. Gabbard, Jr. and Tona R. Gabbard (deceased) 4506 Woods Way Mechanicsburg, PA 17055 Defendants. FLED ' 2010 JU;N --7 Ptil C - F 7 Cyr : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : JUNE TERM, 2010 : CIVIL ACTION : MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 0 Q ? .C-)o -P4- cll(: 1832, t j,--.d aq 3 2,,3 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (800) 822-5288 / (717) 243-9400 PARKER McCAY P.A. By: Mary Wu, Esquire Attorney ID# 209171 Three Greentree Centre 7001 Lincoln Drive West P.O. Box 974 Marlton, NJ 08053-0974 (856) 810-5815 Attorney for Plaintiff File #:14027-0187 The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for the holders of the Certificates, First Horizon Mortgage Pass-Through Certificates Series FH06-AA6, by First Horizon Home Loans, a division of First Tennessee Bank National Association, Master Servicer, in its capacity as agent for the Trustee under the Pooling and Servicing Agreement 4000 Horizon Way Suite 150 Irving, TX 75063 Plaintiff, V. Carl T. Gabbard, Jr. and Tona R. Gabbard (deceased) 4506 Woods Way Mechanicsburg, PA 17055 Defendants. : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : JUNE TERM, 2010 : CIVIL ACTION : MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for the holders of the Certificates, First Horizon Mortgage Pass-Through Certificates Series FH06-AA6, by First Horizon Home Loans, a division of First Tennessee Bank National Association, Master Servicer, in its capacity as agent for the Trustee under the Pooling and Servicing Agreement (the "Plaintiff'), is a corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 4000 Horizon Way, Suite 150, Irving, Texas 75063 by way of Complaint says the following: 2. Defendant, Carl T. Gabbard, Jr.(hereinafter referred to as "Defendant") resides at 7452 Turtle Lane, Apt. C, Maineville, Ohio 45039 with a mailing addresses at 4506 Woods Way, Mechanicsburg, Pennsylvania 17055 and 7452 Turtle Lane, Apt. C, Maineville, Ohio 45039. 3. Title to real property located at 4506 Woods Way, Mechanicsburg, Pennsylvania 17055 ("Mortgaged Premises") was vested to Carl T. Gabbard, Jr. and Tona R. Gabbard, husband and wife ("Borrowers") by Deed dated August 15, 2006 and by Corrective Deed dated September 21, 2006. On or about May 21, 2007, Borrower Tona R. Gabbard died intestate, whereby title to the Mortgage Premises vested to Carl T. Gabbard, Jr., solely. 4. On August 8, 2006, Tona R. Gabbard appointed Carl T. Gabbard, Jr. her Attorney in fact. The Buyer/Borrower Special Power of Attorney was recorded on August 22, 2006 in the Cumberland County Recorder of Deeds as Instrument No. 200630435, Book 729, Page 3858. A true and correct copy of the Buyer/Borrower Special Power of Attorney is attached hereto and made a part hereof as "Exhibit A". 5. On August 16, 2006, in consideration of a loan in the principal amount of $296.806.00, Carl T. Gabbard, Jr. and Tona R. Gabbard by Carl T. Gabbard, Jr., her attorney in fact ("Borrowers") executed and delivered to First Horizon Home Loan Corporation an adjustable rate note (the "Note") with an interest rate at 6.357% per annum, payable as to the principal and interest with monthly installments of $1,576.78 commencing on October 1, 2006 and continuing each month until the maturity date of September 1, 2036. A true and correct copy of the Note is attached hereto and made a part hereof as Exhibit "B". 6. To secure the obligations under the Note, Borrowers executed and delivered to Mortgage Electronic Registration Systems, Inc. as nominee for First Horizon Home Loan Corporation, a mortgage (the "Mortgage") dated August 16, 2006 and recorded on August 22, 2006 in the Recorder of Deeds in and for the County of Cumberland under Book 1963, Page 661. A true and correct copy of the Mortgage is attached hereto and made a part hereof as Exhibit «C„ 7. On January 8, 2007, Borrowers executed a Security Instruments Modification Agreement with First Horizon Home Loan Corporation in order to correct the legal description contained in the Mortgage. This Security Instruments Modification Agreement was recorded in the Cumberland County Recorder of Deeds on February 16, 2007 as Instrument No. 200705522, Book 734, Page 2348. A true and correct copy of the Security Instruments Modification Agreement is attached hereto and made a part hereof as Exhibit "D". 8. By Assignment of Mortgage, Mortgage Electronic Registration Systems, Inc., as nominee for First Horizon Home Loan Corporation assigned its mortgage to The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for the holders of" the Certificates, First Horizon Mortgage Pass-Through Certificates Series FH06-AA6, by First Horizon Home Loans, a division of First Tennessee Bank National Association, Master Servicer, in its capacity as agent for the Trustee under the Pooling and Servicing Agreement which assignment of Mortgage has been sent to the Cumberland County Recorder of Deeds for recording. 9. The Mortgage secures the following real property (the "Mortgaged Premises"): 4506 Woods Way, Mechanicsburg, Pennsylvania 17055. A legal description of the Mortgaged Premises is attached hereto as Exhibit "E" and made a part hereof. 10. Defendant is in default of his obligation pursuant to the Note and Mortgage because payments of principal and interest due February 1, 2010, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. 11. The following amounts are due on the Mortgage and Note: Balance of Principal $295,849.73 Accrued but Unpaid Interest from 1/1/2010 - 5/28/2010 6.3750% $7,647.16 Accumulated Late Charges $314.36 Escrow Advance $10.36 Corporate Advance $280.00 Pro Rata MIP/PMI $15.00 Title Search Fees $595.00 Reasonable Attorney's Fees $1,300.00 TOTAL as of May 28, 2010 $306,011.61 Plus, the following amounts accrued after May 28, 2010: Interest at the current Rate of 6.3750% per annum ($51.67 per diem); 5% of the overdue payment of principal and interest; any amounts expended for future taxes and insurance along with additional costs and attorney fees incurred in this foreclosure action. 12. During the course of this action, the plaintiff may be obligated to make advances for the payment of taxes, assessments, insurance premiums and necessary expenses to preserve the security, and such sums advanced under the terms of the Note and Mortgage, together with interest, will be added to the amount due on the mortgage debt and secured by the plaintiff's Mortgage. 13. The notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance program, Act 91 of 1983 has been sent to the Borrowers on April 9, 2010, via certified and regular mail, in accordance with the requirements of the Act. A true and correct copy of such notice is attached hereto as Exhibit "F" and made a part hereof. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 11, namely, $306,011.61 plus the following amounts accruing after May 28, 2010, to the date of judgment: (a) interest of $51.67 per diem, (b) late charges of 5% on any overdue payment of principal and interest per month, (c) plus interest at the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if any) hereafter incurred; (e) costs of suit; and (f) any amounts expended for future taxes and insurance. PARKER MCCAY, PA r ,1 Dated: C.? ?U B VERIFICATION I, Mary Wu, Esquire hereby certify that I am the attorney for Plaintiff, The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for the holders of the Certificates, First Horizon Mortgage Pass-Through Certificates Series FH06-AA6, by First Horizon Home Loans, a division of First Tennessee Bank National Association, Master Servicer, in its capacity as agent for the Trustee under the Pooling and Servicing Agreement, in this matter, and 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, I am authorized to make this verification pursuant to Pa.R.C.P. 1 024(c), and the statements made in the foregoing Mortgage Foreclosure Complaint are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S.§ 4904, relating to unsworn falsification to authorities. Naine: Mary Wu, quire Title: Attorney Plaintiff EXHIBIT A 303-5 e/ REGARD AND RETURN TO CENTRAL PROPERLY SEARCH 8 LAWN AVENUE SUITE 200 HORRISTOWH, PA 18409 - o L C R S14HAW-?e•- REVVRDEr? OF DIEDS KIMBER.LAN:8 G-UMTY-PA BUYER/BORROWER = RUG 22y, " ul SPECIAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that I, Tona R. Gabbard, do hereby make, constitute and appoint, Carl T. Gabbard, Jr., as my attorney-in-fact for we and in my name, place and stead, to do and perform all acts which I might do with respect to the hereinafter described real property, to negotiate and accept the term of the Contract of Sale (if applicable) on my behalf, to do and execute all or any of the following acts, Deeds, Assignments, Deeds of Trust, Notes, Guarantees, and any other documents necessary in connection with the settlement and securing of a loan as fully as I might or could do if personally present, to wit: (1) To draw any check or checks against any account standing to or in my some at any bank, to endorse all checks and other negotiable instruments made payable to me or presented to any such bank in my name for deposit, discount or collection, and in my name to deposit checks payable to my order or any funds in any account standing to or in my name at any such bank. (2) To endorse all checks and other negotiable instruments drawn to my order, to collect and receive the proceeds thereof, to deposit checks or other negotiable instruments, or the proceeds thereof, or any other finds in any bank account standing to or in my name and for we and in my name to draw and sign orders on any such account for the withdrawal of any sum or sums. (3) To do the following acts in consummating the settlement: (a) To do anything in connection with the property known as 4506 Woods Way, Mechanicsburg, PA I7055 including accepting a Deed, if applicable. (b) To attend settlement in the Office of RGS Fountainhead Settlement Services and approve and sign the settlement statement. (c) To approve the exceptions to be inserted in a policy of owner's title insurance to be issued to me. (d) To execute any and all other papers necessary to accomplish and consummate settlement including, but not limited to, all Lender documents necessary to secure the loan. Giving and granting unto my Attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises as fully to all intents and purposes as I might or could do if personally present. The signature of my name by my Attorney, or any action taken by my Attorney pursuant to this Special Power of Attorney, shall be binding and effective against all persons, including we and my heirs and personal representatives. 8N0729PG3858 05/24/2010 9:06,39 AM CUMBERLAND COUNTY Inst.# 200630435. Page 1 of 3 Exhibit' "A" BEING KNOWN AND DESIGNATED as Lot No. 20, as shown on a Plan entitled "The Manor at Westport", which Plan is recorded among the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 89, page 143. The improvements thereon being known as 4510 Woods Way. Tax ID: 13-10-0256-064 BK0729PG3859 05/2412010 9:06:39 AM CUMBERLAND COUNTY I"stl 200630435 - Page 2 of 3 This Power of Attorney may be executed in any number of counterparts, assigned and notarized original of any one of which shall be of equal force and effect. This Power of Attorney shall not be affected by my subsequent disability or incapacity and the power and authority conferred herein on my Attorney shall be exercisable by said Attorney notwithstanding my later disability or incapacity or later uncertainty as to whether I am dead or alive. I hereby certify that as of the date of the execution of this instrument, I am of sound and disposing mind and capable of executing a valid Deed or Contract. I hereby further certify that I am not under any medical treatment for mental disability or disorder or subject to any type of mental disability or disorder. IN WITNESS WHEREOF, I have hereunto set my hand and seal. 7117SIS4 Tone R. Oabbard Commonwealth Of h, S ? Ja?•q , County of Qa u k" h . to wit: I Hereby Certify, That on this day of in the year. [?0 6? before me, the ubscriberl a Notary Public of the Commonwialth of '.County of _?e personally appeared Tons & Gabbard known to tae r satisfactorily proven) to be the Arson(s) whose name is subscribed to the within instrument, and acknowledged the foregoing Deed to be her act, and in my presence signed and sealed the same. IN WITNESS WHEREOF, I hereunto sot my hand and official seal. My Commission Expires• 66 1 01 _ to Vile Number: 45WA COMOMWL a.i rl u? ehnNSYLVANU NOTARIAL SEAL VIROMiIA SASSANI, Notary PWWlc Derry Vp., Dauphin Cm* My Co Wssion Expires June 1, 20io ..;Corded :. 0L111ty PA Recorder of Deeds OK0729PG3860 05/24/2010 9:06:39 AM CUMBERLAND COUNTY Inst.# 200630435 - Page 3 of 3 EXHIBIT B 0058522327 ADJUSTABLE RATE NOTE (LIBOR Six-Month Index (As Published In The Walt Street Journal) - Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. August 16th, 2006 STEWARTSTOWN PENNSYLVANIA IDate] [City] [State] 4506 WOODS WAY, MECHANICSBURG, Pennsylvania 17055 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 296,806.00 (this amount is called "Principal'), plus interest, to the order of Lender. Lender is FIRST HORIZON HOME LOAN CORPORATION I will make all payments under this Note in the form of cash, check or money order. I understand that Lender may transfer this Note. Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid Principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.375 %. The interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay Principal and interest by making a payment every month. I will make my monthly payments on the first day of each month beginning on October lot , 2006 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on September lot, 2036 ,1 still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at PO BOX 809 MEMPHIS, TH 38101 or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. $ 1,576.78 This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid Principal of my loan and in the interest rate that 1 must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. MULTISTATE ADJUSTABLE RATE NOTE - LIBOR SIX-MONTH INDEX (AS PUBLISHED IN THE WALL STREETJOURNAL) - Single Family - Fannie Mae UNIFORM INSTRUMENT Wolters Kluwer Financial Services VMP®-838Ni0210J.01 Form 35201/01 L•1761 1IIIIII?IIIII{??Ili?l?l??lll???ll?! Page I of 4 Initials: 7" I I{1 {I III Ilf III II 0058522327 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of September, 2011 , and on that day every 6th month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding Two AND ONH-QUARTER percentage points ( • 2.250 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid Principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 12.375 % or less than 2.250 9'0. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than Two & 0 o / 1 o o percentage point(s) ( 2.00 9'0) from the rate of interest I have been paying for the preceding 6 months. My interest rate will never be greater than 12.375 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under this Note. I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the Principal amount of this Note. If I make a partial Prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me that exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. Form 301 VMP®-838N (0210).01 Page z of 4 inkiais: 7;q 0058522327 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.00 % of my overdue payment of principal and interest, I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal that has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses that might result if I do not keep the promises that I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions read as follows: Form 3520 1/01 VMP ®-838N (0210).01 Paps 3 of 4 InItIaI4:Q!2% 0058522327 Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in ' this Security Instrument Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. 1_k ?, (Seal) CARL T. GARB JR. -Borrower -(Sew) -Borrower _ (Seal) -Borrower (Seal) -Borrower _. (Seal) -Borrower -(Seal) -Borrower _ (Sell) -Borrower (Sign Original Only) ?? ? • (Seal) TONA R. GABB /41W ? ? Borrower BY CARL T. GABBARD,3R. HER ATTORNEY-IN-FACT VMP®-838N 10210).01 Page4 ot4 Form 3520 1/01 EXHIBIT C RECORD AND RETURN TO 200 CENTRAL N AVENUE SU TEA N NORRISTOWN, PA 19403 41 q-tqe-7- Prepared By: FIRST HORIZON HOME LOAN CORPORATION 9515 DBBRSCO ROAD, ST8 302 TIMONIUM, MD 21093 To: CLOSING MAIL ROOM 1555 W WjdlMT HILL LN #200 MC 6712 IRVING TX 75 NO R:.3ZRT?.:'??:.'_ R HCOU'RDER (jr CEEDS CUMBERLAND COUNTY - PA E006 RUG 22 PM 2 02 Parcel umber: County : (3? 10 'D)SU ?b(fiq City: Premises: 4506 WOODS WAY MECHANICSBURG, Pennsylvania 17055 [Space Above This Line For Recording Dotal MORTGAGE 0058622327 DEFINITIONS MIN 100085200585223276 Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated August 16th, 2006 , together with all Riders to this document. (B) "Borrower" is CARL T. GABBARD JR. TONA R. GABBARD b ?- ` ` • C-?ab 4x? 1r R +kL-, ('a Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint MI 48501-2026, tel. (888) 679-MERS. PENNSYLVANIA -Single Family - Fannie Mee/Freddie Mac UNIFORM INSTRUMENT WITH MERS et-GA(PA) (o5oe) Form 3039 1/01 Pape 1 of Is Initials: -- II VMP Mongage Solutlons. Inc. (800)521.7 I II,III?I III f ll ?I?III (III`I,I II I BKI963PGO66I 3 (D) "Lender" is FIRST HORIZON HOME LOAN CORPORATION Lender is a CORPORATION organized and existing under the laws of THE STATE OF KANSAS Lender's address is 4000 Horizon Way, Irving, Texas 75063 (E) "Note" means the promissory note signed by Borrower and dated August 16th, 2006 The Note states that Borrower owes Lender TWO HUNDRED NINETY SIX THOUSAND EIGHT HUNDRED SIX & 00/100 Dollars (U.S. $ 296, 806.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than SEPTEMBER 1, 2036 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ® Adjustable Rate Rider ? Condominium Rider ? Second Home Rider ? Balloon Rider ® Planned Unit Development Rider ? 1-4 Family Rider ? VA Rider ? Biweekly Payment Rider ® Other(s) [specify] INTEREST ONLY RIDER (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. 0058522327 ,yam/ Inlliala: 40-8A(PA) (osoe) Page 20l 1s a Form 3039 1/01 SK 1963PGO662 (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et scq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender. (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in the county [Type of Recording Jurisdiction] of Cumberland [Name of Recording Jurisdictionl: All that tract or parcel of land as shown on Schedule "A" attached hereto which is incorporated herein and made a part hereof. which currently has the address of 4506 WOODS WAY [Street] MECHANICSBURG [City], Pennsylvania 17055 [Zip Code] ('Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. 0058522327 CVA(PA) (owe) Initials: Page 3 of 16 Form 3039 1/01 BKI963PGO663 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower wan-ants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in Initials: f6y?; -6A (PA) (0508) papa 4 at 18 Form 3039 1101 SKI963PGO664 full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments arc due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the 40-SA(PA) eosoat Initials; Paps sot to Form 3039 1/01 BK ! 963PGO665 Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the hen an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either. (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. Ck-SA(PA) tosoat Inlilal{: Papa sot le /p /' Form 3039 1/01 BKI963PG0666,. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to-be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. CVA(PA) tosoat Initial.: Pape 7 of Is Form 3039 1/01 BK 1963PGO667 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection or Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security instrument, including its secured position in a bankruptcy proceeding. Securing the Properly includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. A•8A(PA) tosoet Initials 60 64 Pape B of 18 -%e `+ Form 3039 1101 BKI963PGO668 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee tide to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further, (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. d-6A(PA) tosoa) 101als: Pape D of 16 Form 3039 1101 BHi963PGO669 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination, 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of 40-6A(PA) (csoe) IMitala: C_ Pape 1001 16 .mss/ Form 3038 1101 6KI963PGO670 Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. Ct-OA(PA) (o5os) Inhials: Page >> of Is ex' 0- Form 3039 1101 $KI963PGO67I 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice inquired by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for decd, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security. Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all Inlttalsi f.GLZ? y VA(PA) (ome) Papa 12 of 16 -/;w Form 3039 1101 BK1963PG0672. expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Ct•BA(PA) (osoa) In Idals: Page 13 of 16 Form 3039 1/01 HKI963PGO673 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Properly. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remedialion of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach or any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration or the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense or Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full or all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. d0-6A(PA) (osoe) Paps 14 of 16 Inltlala; Form 3039 1101 BKI963PGO674 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it Witnesses: - (Seal) .Borrower _ (Seal) -Borrower (Sea!) (Seal) -Borrower -Borrower 0058522327 Ca-6A(PA) (osoa) - (Seal) -Borrower &6M*_1 (Seal) CARL T . GABBARD -Borrower '? (Seal) TONA R. GABBARD -Borrower BY CARL T. GABBARD,JR. HER ATTORNEY- IN-FACT Page 15 of le - (Seal) -Borrower Form 3039 1/01 BKI963PGO675 COMMONWEALTH OF PENNSYLVANIA, YORK County ss: On this, the I U day of Auc?- , before me, the undersigned officer, personally appeared CARL ?T, T. MOBARD JR . & TONA R. GABBMW,j4 ? T - 4d -TO- , C4- COV ""- t-( A . iAa known to me (or satisfactorily proven) to be the person(s) whose name(s) is/am subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Com sio Expires: 4 Ruty Public k County *commission Expires ar. ll. ( tion of Notati9S Title of Offic Certificate of Residen ce 1, /K) , do hereby certify that the correct address the within-named Mortgagee is P.O. Sox 2026, Flint, MI 48501-2026. Witness my hand this / V-1- 0058522327 CVA(PA) (osoe) day of 2 00(o o Age t of Mortgagee tnift1s: Pays to on 1e 00 Form 3039 1/01 SKI963PGO676 ADJUSTABLE RATE RIDER 0056522327 (LIBOR Six-Month Index (As Published In The Wall Street Journal) - Rate Caps) THIS ADJUSTABLE RATE RIDER is made this 16th day OfAugust, 2006 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned ("Borrower") to secure Borrower's Adjustable Rate Note (the "Note") to FIRST HORIZON HOME LOAN CORPORATION ("Lender") of the same date and covering the property described in the Security Instrument and located at: 4506 WOODS NAY MECHANICSBURG, PA 17055 [Property Address) THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 6.375 The Note provides for changes in the interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of September, 2011 , and on that day every 6th month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The 'Index" is the average of interbank offered rates for six month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding TWO AND ONE-QUARTER percentage points ( 2.250 %) to the Current Index. The Note Holder will then round the result of MULTISTATE ADJUSTABLE RATE RIDER - LIBOR SIX-MONTH INDEX (AS PUBLISHED IN THE WALL STREET JOURNAL) - Single Family - Fannie Mae Uniform instrument t? 838R (0402) Form 3138 1/01 Page 1 of 3 Initials: VMP Mortgage Solutions, Inc. 10- ?IIIIIIIIIIIIIIIIIIII(VIIIIIIIIIII (800)521-7291 ` II ( l BKI963PGO677 th s addition to the nearest one-eighth of one percentage oint (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 12.375 % or less than 2.250 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than Two & 00/100 percentage points ( 2.00 %) from the rate of interest I have been paying for the preceding s months. My interest rate will never be greater than 12.375 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 18 of the Security Instrument is amended to read as follows: Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Propert y is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security. Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. 0058522327 Initials: W-838R (0402) Page 2 of 3? Form 31381/131 BKI963PGO678 It Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. BY SIGNING BELOW, Borrower accepts agrees tote rm a d coven contained in this Adjustable Rate Rider. CARL T. B JR. (Seal) TONA R. a (seal) -Borrower -Borrower BY CARL T. GABBARD,JR.HER ATTORNEY-IN-FACT (Seal) -Borrower _ (Seal) -Borrower _ (Seal) (Seal) -Borrower -Borrower (Seal) -Borrower 0058522327 830R (0402) Page 3 of 3 BKI963PGO679 _ (Seal) -Borrower Form 31381101 INTEREST ONLY ADDENDUM TO ADJUSTABLE RATE RIDER THIS ADDENDUM is made this 16thday of August , 2006 , and is incorporated into and intended to form a pan of the Adjustable Rate Rider (the "Rider") dated the same date as this Addendum executed by the undersigned and payable to FIRST HORIZON HOME LOAN CORPORATION (the "Lender"). TEAS ADDENDUM supercedes Section 4(C) of the Rider. None of the other provisions of the Rider are changed by this Addendum. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding TWO AND ONE-QUARTER percentage points ( 2.250 30) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.12530). Subject to the limits stated in Section 4(D), this rounded amount will be my new interest rate until the next Change Date. During this Interest Only Period, the Note Holder will then determine the amount of the monthly payment that would be sufficient to repay accrued interest. This will be the amount of my monthly payment until the earlier of the next Change Date or the end of the Interest Only Period unless I make a voluntary prepayment of principal during such period. If I make a voluntary prepayment of principal during the Interest Only Period, my payment amount for subsequent payments will be reduced to the amount necessary to pay interest on the lower principal balance. At the end of the Interest Only Period and on each Change Date thereafter, the Note Holder will determine the amount of the monthly payment that would be sufficient to repay in full the unpaid principal that I am expected to owe at the end of the Interest Only Period or Change Date, as applicable, in equal monthly payments over the remaining term of the Note. The result of this calculation will be the new amount of my monthly payment. After the end of the Interest Only Period, my payment amount will not be reduced due to voluntary prepayments. BY SIGNING BELOW, Borrower accepts and agrees to the term versant con 'tied in this Addendum. CARL T. GAB BARD D to TONA R. GABBARD Date BY CARL T. GABBARD,JR. HER ATTORNEY-IN-FACT Date Date Date Date Date Date Qn1erest My Addendum to ARM Rider Page I of I FH6D03U 9/04 BKI963PGO680 PLANNED UNIT DEVELOPMENT RIDER THIS PLANNED UNIT DEVELOPMENT RIDER is made this 16th day of August, 2006 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date, given by the undersigned (the "Borrower") to secure Borrower's Note to FIRST HORIZON HOME LOAN CORPORATION (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 4506 WOODS WAY, MECHANICSBURG, Pennsylvania 17055 [Property Address] The Property includes, but is not limited to, a parcel of land improved with a dwelling, together with other such parcels and certain common areas and facilities, as described in Covenants, Conditions and Restrictions of Record (the "Declaration"). The Property is a part of a planned unit development known as MANOR AT WESTPORT [Name of Planned Unit Development] (the "PUD"). The Property also includes Borrower's interest in the homeowners association or equivalent entity owning or managing the common areas and facilities of the PUD (the "Owners Association") and the uses, benefits and proceeds of Borrower's interest. PUD COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. PUD Obligations. Borrower shall perform all of Borrower's obligations under the PUD's Constituent Documents. The "Constituent Documents" are the (i) Declaration; (ii) articles of incorporation, trust instrument or any equivalent document which creates the Owners Association; and (iii) any by-laws or other rules or regulations of the Owners Association. Borrower shall promptly pay, when due, all dues and assessments imposed pursuant to the Constituent Documents. 0058522327 MULTISTATE PUD RIDER - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3150 1/01 ?,C Page 1 of 3 Initials: C??-- -7R (0411) VMP Mortgage Solutions, Inc. (800)521-7291 IZG BKI963PGO68I B. Property Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, a "master" or "blanket" policy insuring the Property which is satisfactory to Lender and which provides insurance coverage in the amounts (including deductible levels), for the periods, and against loss by fire, hazards included within the term "extended coverage," and any other hazards, including, but not limited to, earthquakes and floods, for which Lender requires insurance, then: (i) Lender waives the provision in Section 3 for the Periodic Payment to Lender of the yearly premium installments for property insurance on the Property; and (ii) Borrower's obligation under Section 5 to maintain property insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. What Lender requires as a condition of this waiver can change during the term of the loan. Borrower shall give Lender prompt notice of any lapse in required property insurance coverage provided by the master or blanket policy. In the event of a distribution of property insurance proceeds in lieu of restoration or repair following a loss to the Property, or to common areas and facilities of the PUD, any proceeds payable to Borrower are hereby assigned and shall be paid to Lender. Lender shall apply the proceeds to the sums secured by the Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. C. Public Liability Insurance. Borrower shall take such actions as may be reasonable to insure that the Owners Association maintains a public liability insurance policy acceptable in form, amount, and extent of coverage to Lender. D. Condemnation. The proceeds of any award or claim for damages, direct or consequential, payable to Borrower in connection with any condemnation or other taking of all or any part of the Property or the common areas and facilities of the PUD, or for any conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Such proceeds shall be applied by Lender to the sums secured by the Security Instrument as provided in Section 11. E. Lender's Prior Consent. Borrower shall not, except after notice to Lender and with Lender's prior written consent, either partition or subdivide the Property or consent to: (i) the abandonment or termination of the PUD, except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (ii) any amendment to any provision of the "Constituent Documents" if the provision is for the express benefit of Lender; (iii) termination of professional management and assumption of self-management of the Owners Association; or (iv) any action which would have the effect of rendering the public liability insurance coverage maintained by the Owners Association unacceptable to Lender. F. Remedies. If Borrower does not pay PUD dues and assessments when due, then Lender may pay them. Any amounts disbursed by Lender under this paragraph F shall become additional debt of Borrower secured by the Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 0058522327 Initials: 40-7R (0411) Page 2 of 3 - Form 3150 1101 - BH1963PGO682 BY SIGNING BELOW, Borrower accepts and agrees to the term d covenants on ained in this PUD Rider. / -? 011 (Seal) ( !v (Seal) CARL T. CABB -Borrower TONA R. C"ARD" -Borrower BY CARL T. GABBARD,JR. HER ATTORNEY-IN-FACT _ (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) (Seal) -Borrower -Borrower 0058522327 Ct-7R (0411) Page 3 of 3 Form 31501/01 rccordcd ' ,L.J •nc; County PA ua? Recorder of Deeds 8KI963PGO683 J c . Exhibit "A" BEING KNOWN AND DESIGNATED as Lot No. 20, as shown on a Plan entitled "The Manor at Westport", which Plan is recorded among the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 89, page 143. The improvements thereon being known as 4510 Woods Way. Tax ID: 13-10-0256-04 8KI963PGO684 EXHIBIT D File No.: 4506PA Substitution or. Tax Parcel 13-10-0256.063, knotty a Lot #19 4506 Woods Way, lyechanhcsburg PA Release of 1 Tax Parcel 13-10-0256464, known as Lot #2001 0 Woods Way, Mechanicsburg, PA First Horizon Home an corporation 1553 West Walnut Hill Lard Irving, TX 75038 RECORD AND RETURN TO CENTRAL PROPERTY SEARCH 8 LAWN AVENUE SUITE 200 NORRISTOWN, PA 18405 RE: Loan Ns: 0058788456 & 0018522327 TIPS" SECURITY INSTRUMENTS MODIFICATION AGREEMENT (Release and Substitution, Nww Pro 11M of Collateral) THIS AGREEMENT is made as of the date indheaed below by CARL T. GABBARD, JR. and TONA R. GABBARD, husband and wife (herein "Borrower(syl, and FIRST HORIZON HOMB LOAN ROR TION, (herein "Lewder" ), for a modification with respect to time tare (S) certain security Instruments, cub AUGUST 16, 2006 made by Borrowers to First Horizon Room Loan Corporation and recorded in the public records of Cumberland Coma, Pennsylvania with the Office of the Recorder of Deeds on August 22, 2006, at Book 1963, Page 0661 cad Book 1963, Page 0695, sack of which are seared by property located at: 4506 Woods Way, Mechanicsburg. PA (herein "Property Address"). WHEREAS, Borrower is indebted to larder wider the security imbvutnorns (herainatter "Mortgages") described above, payable as provided therein (except as may be modified herein): NOW, THEREFORE, for and in consideration of the lenefns flowing to each of the parties hereto, they do agree a follows: 1. The original Mortgages contained the I legal description which was as follows: "BEING KNOWN AND DESIGNATED as Lot No. 20, as shown on a Plan entitled 'The Manor at Westport", which Plan is recorded Among the Offs of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 89, page 143. ;.' The improvements thereon being known as 4510 Woods Way. . h Its' iy let 7i " rM tID rut C Q Tax Parcel 13-10-0256.064 ?. 2. The correct legal description should have been for Lot No. 19, Tax Parcel 13-10.025& more fully described as as 4506 Woods Way k tT , nown 063, with the improvements thereon follows: 3 p CC7 p "BEING KNOWN AND DESIGNATED as Lot No. 19, a shown on a Plan which Plan is recorded among the Office of r at Westporr d "Th M 1m71 GD , ano e entitle the Rocorder of Deeds in and for Cumberland County, Pennsylvania in Plan -C t7"r" N Book 89, page 143. > The improvemmn thereon being known as 4506 Woods Way. Tax Parcel: 13.10.0256.063 n That the said Lot No. 19 and Lot No. 20 itch BEING a pall of that parcel of growl which by dad dated September 15, 2003 and recorded among the Of ve of the Recorder of Doeds in and for Cumberland. Petmaylvanis in Book No. 259, Page 2188 was granted and conveyed by Richard Hartland, John E. Sihkc, Executors of the Batate of Will unto RCP&P, LLC, a Pennsylvania limited liability company and, the said Lot 19 being than same parcel of ground and promises also described in a CosrmOve Deed dated September 21, 2006 and recorded with the Of> Recorder of Deeds for Cumberdand County, Pennsylvania, at Book, page from RCP&P, LLC, a Pennsylvania lhrlikd liability company unto CARL T. GABBARD, J& and TONA R. GABBARD husband and wife, the Borrowers herein WHEREFORE, the Lender does fully RELEASE, from the legal operation and effect of de first above described Mortgages, Lot 20, the incorracdy described Prol>arty and does so for the sole cousidenuion of the sccepunce by the Borrowers of the eneumbrenccs created by said 1110 Mor4148W Won Lot No. 19, Y „a",u jA sv))ata L as if the legal description for Lol No. 19 had been corroctiy stated in the original Mortgages, said encumbrances being fltlly effective the date of the original signing of said Mortgagos. a if the same had been repeated at length on the origmal char of execution by the Borrowers. W- 6.734PG23*:8 n.9/24!2010 9:11.42 AM CUMBERLAND COUNTY Inst.# 200705522 - Page 1 of 3 IN Wn NESS WHEREOF, fit parries have executed this Agreement on the date shown below. Hate; ? 07 T/ r./GAS TONA R. GABBARDI- Borrower STATE OF P YI VANIA COUNTY OF IC '',,v?imt? On this day of 200_,rtef m me a Notary Public personeily appeared CARL T. GABBARD, IR and T A R. O ARD known to me personalty to be the person(s) described in and who executed the same before me as their tree act and deed. NotaryPublic My Commission Expiry tr k I. Printed Name of COMM EALTH OF 'ENNSYLVANIA NOWW Sod 7 sdwb. XPLO* tkC M* My Ero*m Mnoh 11.2007 Member. perrtlaytnrar?'?snodetion of hlotarNs .0734-K23 *9 0512412010 9:11:42 AM CUMBERLAND COUNTY Inst.# 200705522 - Page 2 of 3 .1 ATTESTED BY: nESaR Type NvInanitle FIRST HORIZON HOME LOAN CORPORATION CORPORATESEAL Date: BY: Ina tto Flinn Crica PrEaident Typed Namelrtde STATE OF TEXAS) COUNTY OF DALLAS) 0 befum me the UUI a Notary Public in and for aid Stain, on this tam th day of ?.gyTy2rZ0-' r,.e e t t a Rl itle -who exeuuted the within P--DYapredt7 nnr irk 8A8 _and, pamot"y insummyn to be the person who executed tha within known to me (or proved to the on the bags ofsati ? to to = that aucb corporadon mtecuwd the instrument on behalf of the oorpmarioa thorein named, '/ within instr utsent pursuant to its by-laws or a rssolutio?hs board of directors. /1 - -401C otaty Public Printed Name of Notary lr% My ?Ka?s I Certify this to be recorded In Cumberland County PA M':41?8 Recorder of Deeds §18734j%23.50 05124/2010 9:11:42 AM CUMBERLAND COUNTY Inst.# 200705522 - Page 3 of 3 EXHIBIT E Being known and designated as Lot No. 19 as shown on a plan entitled "The Manor at Westport", which plan is recorded among the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in plan book 89, page 143. The improvements thereon being known as 4506 Woods Way. ALL THAT CERTAIN land and real estate, and every tract, parcel, lot and piece thereof, known as Lot 19 in the Manor of Westport subdivision as shown on the plan recorded in Book 89, Page 143 in the Recorder of Deeds office for Cumberland County Pennsylvania. PARCEL IDENTIFICATION NO: 13-10-0256-063, CONTROL #: 00513072 Being part of the same premises which became erroneously vested in Grantors Terence M. Coldren and Valerie J. Coldren, h/w, by deed dated December 23, 2005 and recorded January 19, 2006 in Book 272, Page 4159 in the Recorder of Deeds office for Cumberland County. WHEREAS RCP & P, LLC., a Limited Liability Company conveyed title to Lot 20 in the Manor Westport subdivision to Carl T. Gabbard, Jr. and Tona R. Gabbard, as tenants by the entireties, by Deed dated 08/15/2006, recorded 08/22/2006 in Book 276, Page 1369. WHEREAS, RCP & P, LLC, a Limited Liability Company conveyed title to Lot 27 in the Manor Westport subdivision to Terence M. Coldren and Valerie J. Coldren, h/w, by Deed dated 12/23/2005, recorded that Deed on 1/19/2006 in Book 272, Page 4159; and WHEREAS, when the aforesaid Deed was recorded, the legal description for Lot 27 became unattached and an unidentified party reattached a legal description for the entire 20.51 acres of land which made up the 41 lots in the Manor of Westport, and recorded that Deed on January 19. 2006 in Book 272, Page 4159; and WHEREAS, Various sales by RCP & P have occurred with respect to lots in the Manor of Westport by way of deeds to others since January 19, 2006; and WHEREAS, Coldren desires to cooperate with Stewart and correct or remove said cloud on the lots known to be impacted and other lots in the Manor of Westport if the same comes to the attention of Stewart. WHEREAS, RCP & P, LLC., a Limited Liability Company conveyed title to Lot 19 in the Manor Westport subdivision to Carl T. Gabbard, Jr. and Tona R. Gabbard, as tenants by the entireties, by Corrective Deed ( incorrect property conveyed) dated 09/21/2006, recorded 09/28/2006 in Book 278, Page 1641. AND THE SAID Tona R. Gabbard being so seized thereof, departed this life on 05/21/2007, whereby title to said premises became vested in Carl T. Gabbard, Jr., her husband, by operation of law. WHEREAS, Terence M. Coldren and Valerie J. Coldren, h/w conveyed Quit claim title to Carl T. Gabbard, Jr., by Quit Claim Deed, dated 09/14/2009, recorded 09/28/2009 in Instrument Number 200933239. EXHIBIT F FiFiRgHORIZON. HomEWANS April 9, 2010 CARL T GABBARD.IR 4506 WOODS WAY MECHANICSBURG PA 17055 ACT 6/ ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT HOWEVER. IF YOUR LOAN IS CURRENTLY OR WAS PREVIOUSLY, INVOLVED IN A BANKRUPTCY WHERE YOUR CASE WAS DISCHARGED AND/OR YOU ARE SURRENDERING THE REAL PROPERTY IN WHICH FIRST HORIZON HOME LOANS HAS AN INTEREST, WE ARE NOT SEEKING PERSONAL LIABILITY AGAINST YOU WE ARE PURSUING OUR RIGHTS AS THEY RELATE TO THE REAL PROPERTY UNDER THE TERMS OF THE DEED OF TRUST OR MORTGAGE. This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to helnto save your home. This notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN (33) DAYS OF THE DATE OF THIS NOTICE Take this notice with you when You meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving Your County are listed at the end of this Notice. If you have any q_uestionst you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (707) 780-1869) This Notice contains important legal infornation. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. ACT 91 Page 1 of 5 LA NOTIICACION EN EDJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ES"rA NOTIFICACION OBTENGA UNA TRADUCCION iMMEDITAMENTE LLAMANDO ESTA AGENCEA (PENNSYLVIAN HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DER-ECHO A REDIMIR SU HIPOTECA_ Mortgagor Name CARL T GABBARD JR 4506 WOODS WAY MECHANICSBURG PA 17055 Loan Number :0058521327 Original Lender : First Horizon Home Loans Current Lender/ Servicer : First Horizon Home Loans HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: *IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, *IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND *IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must ACT 91 Page 2 of 5 fill out, sign and file a completed Homeowner's Emergency Mortgage Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date)NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located at: 4506 WOODS WAY MECHANICSBURG PA IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: No. of months due Payment amount due 3 to 2.175.4$ 0 fai 0 0 Late Charges 157.18 Other charges: Bad Check Fee .00 Inspection .00 Minus Suspense .00 TOTAL AMOUNT PASTDUE: 6,683.62 ACT 91 Page 3 of 5 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) days of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS 6,683.62 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: First Horizon Home Loans 4000 Horizon Way Irving, TX 75063 Attn: Cashiering You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If You cure the default within the THIRTY (30 DAY period you will not be required to pay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any tie up to one hour before the Sheriff's Sale You may do so by paying the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and an other costs connected with Sheriffs Sale as snecifred in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 9 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of ACT 91 Page 4 of 5 course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: First Horizon Home Loans 4000 Horizon Way Irving, TX 75063 Attn: Loan Counseling Dept. 1-800-364-7662/Phone 1-214-441-7392/Fax EFFECT OF SHERIFF'S SALE- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at anytime. ASSUMPTION OF MORTGAGE-You may or may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT *TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. *TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. *TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) *TO ASSERT THE NON-EXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. *TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. *TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. IF YOU HAVE ANY QUESTIONS, CONTACT LOAN COUNSELING AT 1-800-364-7662. Sincerely, First Horizon Home Loans: Collections Department ACT 91 Page 5 of 5 HEMAP Consumer Credit Counseling Agencies YORK County Report last updated: 11 /22009 9:12:55 AM Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 American Red Cross - Hanover Chapter 529 Carlisle Street Hanover. PA 17331 717.637.3768 Base, Inc. 447 South Prince Street Lancaster, PA 17603 717.392.5467 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 888.511.2227 CCCS of Western PA 55 Clover Hill Road Dallastown, PA 17313 888.511.2227 888.511.2227 Housing Alliance of York 35 South Duke Street York, PA 17401 717.854.1541 Postage I $ ti C) Ln a 0 M M r a a- 0 117M Cl A N Certified Fee Return Receipt Fee (Endorsement Required) Postmark Restricted Delivery Fee Here (Endorsement Required) Total Postage & Fees $ PS Form 3800, September 2002 US Postal Service Certified Mail Receipt r FIRST HORIZON. HOME Lois Aimil 9, 2010 TONA R GABBARD 4506 WOODS WAY MECHANICSBURG PA 17055 ACT 6{ ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT. HOWEVER IF YOUR LOAN IS CURRENTLY OR WAS PREVIOUSLY INVOLVED IN A BANKRUPTCY WHERE YOUR CASE WAS DISCHARGED AND/OR YOU ARE SURRENDERING THE REAL PROPERTY IN WHICH FIRST HORIZON HOME LOANS HAS AN INTEREST, WE ARE NOT SEEKING PERSONAL LIABILITY AGAINST YOU WE ARE PURSUING OUR RIGHTS AS THEY RELATE TO THE REAL PROPERTY UNDER THE TERMS OF THE DEED OF TRUST OR MORTGAGE. This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pa es The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This notice explains how the program works To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN (33) DAYS OF THE DATE OF THIS NOTICE Take this notice with you when You meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (707) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. ACT 91 Page 1 LA NOTIICACION EN EDJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVIAN HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DE-RECHO A REDIMIR SU HIPOTECA. Mortgagor Name TUNA R GABBARD 4506 WOODS WAY MECHANICSBURG PA 17055 Loan Number :0058522327 Original Lender : First Horizon Home Loans Current Lender/ Servicer : First Horizon Home Loans HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: 'CIF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, *IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND *IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the oroperty is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must ACT 91 Page 2 of 5 fill out, sign and file a completed Homeowner's Emergency Mortgage Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN .ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located at: 4506 WOODS WAY MECHANICSBURG PA IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: No. of months due Payment amount due 3 <uJ 2.17-5.48 0 !u! 0 0 ?«; 0 Late Charges 157.18 Other charges: Bad Check Fee .00 Inspection .00 Minus Suspense .00 TOTAL AMOUNT PASTDUE: 6.68162 ACT 91 Page 3 of 5 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) days of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS 6.683.62 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: First Horizon Home Loans 4000 Horizon Way Irving, TX 75063 Attn: Cashiering You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged Property. IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period you will not be required to pay attorneys fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any tie up to one hour before the Sheriff's Sale You may do so by Ravine the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 9 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of ACT 91 Page 4 of 5 course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: First Horizon Home Loans 4000 Horizon Way Irving, TX 75063 Attn: Loan Counseling Dept. 1-800-364-7662/Phone 1-214-441-7392 /Fax EFFECT OF SHERIFF'S SALE- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at anytime. ASSUMPTION OF MORTGAGE-You may or may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT *TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. *TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. *TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) *TO ASSERT THE NON-EXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. *TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. *TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. IF YOU HAVE ANY QUESTIONS, CONTACT LOAN COUNSELING AT 1-800-364-7662. Sincerely, First Horizon Home Loans: Collections Department ACT 91 Page 5 of 5 HEMAP Consumer Credit Counseling Agencies YORK County Report last updated: 1112/2009 9:12:55 AM Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 717.637.3768 Base, Inc. 447 South Prince Street Lancaster, PA 17603 717.392.5467 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 888.511.2227 CCCS of Western PA 55 Clover Hill Road Dallastown, PA 17313 888.511.2227 888.511.2227 Housing Alliance of York 35 South Duke Street York, PA 17401 717.854.1541 Postage 1$ ! Certified Fee Ir rZI U7 r-I C3 M M C` Ir O Ir m 0 r-I t? Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Postmark Here PS Form 3800, September 2002 US Postal Service Certified Mail Receipt FMOORIZON. HOMELOANS April 9; 2010 CARL T GABBARD.IR 7452 TURTLE LN APTC MAINEVILLE 01-145039 ACT 6/ ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT. HOWEVER IF YOUR LOAN IS CURRENTLY OR WAS PREVIOUSLY, INVOLVED IN A BANKRUPTCY WHERE YOUR CASE WAS DISCHARGED AND/OR YOU ARE SURRENDERING THE REAL PROPERTY IN WHICH FIRST HORIZON HOME LOANS HAS AN INTEREST, WE ARE NOT SEEKING PERSONAL LIABILITY AGAINST YOU. WE ARE PURSUING OUR RIGHTS AS THEY RELATE TO THE REAL PROPERTY UNDER THE TERMS OF THE DEED OF TRUST OR MORTGAGE. - This is an official notice that the mortgage on your home is in default, and the tender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEM AP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can help. You must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN (33) DAYS OF THE DATE OF THIS NOTICE. Take this notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving Your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll fns at 1-800-342-2397 (Persons with impaired hearing can call (707) 780-1869). This Notice contains important legal information. If you have any • questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. ACT 91 Page 1 of 5 LA NOTIICACION EN EDJUNTO ES DE SUMA IMPORTANCIA, PUSS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDITAMEl`!TE LLAMANDO ESTA AGENCEA (PENNSYLVIAN HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Mortgagor Name CARL T GABBARD JR 4506 WOODS WAY MECHANICSBURG PA 45039 Loan Number :0058522327 Original Lender : First Horizon Home Loans Current Lender/ Servicer : First Horizon Home Loans HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: *IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, *IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND 'CIF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must ACT 91 Page 2 of 5 fill out, sign and file a completed Homeowner's Emergency Mortgage Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located at: 4506 WOODS WAY MEC14ANICSBURG PA IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: No. of months due Payment amount due 3(u:. 2,175.48 0 (ul 0 0n a Late Charges 157.18 Other charges: Bad Check Fee .00 Inspection .00 Minus Suspense .00 TOTAL AMOUNT PASTDUE: 6.683.62 ACT 91 Page 3 of 5 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) days of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS 6.683.62 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: First Horizon Home Loans 4000 Horizon Way Irving, TX 75063 Attn: Cashiering You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the tender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attomeys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be renuired to pay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any tie up to one hour before the Sheriffs Sale. You may do so by paving the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-it is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 9 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of 91 Page 4 of 5 course, the amount needed to cure the default will increase the longer you wait- You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: First Horizon Home Loans 4000 Horizon Way Irving, TX 75063 Attn: Loan Counseling Dept. 1-800-364-7662/Phone 1-214-441-7392 /Fax EFFECT OF SHERIFF'S SALE- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at anytime. ASSUMPTION OF MORTGAGE-You may or may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT *TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. *TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. *TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) *TO ASSERT THE NON-EXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. *TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. *TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. IF YOU HAVE ANY QUESTIONS, CONTACT LOAN COUNSELING AT 1-800-364-7662. Sincerely, First Horizon Home Loans: Collections Department ACT 91 Page 5 of 5 HEMAP Consumer Credit Counseling Agencies YORK County Report last updated: 111212009 9:12:55 AM Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 717.637.3768 Base, Inc. 447 South Prince Street Lancaster, PA 17603 717.392.5467 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 888.511.2227 CCCS of Western PA 55 Clover Hill Road Dallastown, PA 17313 868.5112227 888.511.2227 Housing Alliance of York 35 South Duke Street York, PA 17401 717.854.1541 ' Postal - ! Postage $ Certified Fee q- Return Receipt Fee co (Endorsement Required) Postmark a Here e Restricted Delivery Fee oo"77es'lio Mail (Endorsement Required) O M Total Postage & Fees r-I Sent To: CO l- Q M a a tti PS Form 3800. September 2002 US Postal Service Certified Mail Receipt - S- - FIFINHORIZON. HOME LOANS April S); 2010 "1TONA R GABBARD 7452 TURTLE LN APT C MAINEVILLE OH 45039 ACT 6/ ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT. HOWEVER IF YOUR LOAN IS CURRENTLY OR WAS PREVIOUSLY INVOLVED IN A BANKRUPTCY WHERE YOUR CASE WAS DISCHARGED AND/OR YOU ARE SURRENDERING THE REAL PROPERTY IN WHICH FIRST HORIZON HO)yIE LOANS HAS AN INTEREST, WE ARE NOT SEEKING PERSONAL LIABILITY AGAINST YOU. WE ARE PURSUING OUR RIGHTS AS THEY RELA'T'E TO THE REAL PROPERTY UNDER THE TERMS OF THE DEED OF TRUST OR MORTGAGE. This is an official notice that the mortgage on your home is in default. and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN (33) DAYS OF THE DATE OF THIS NOTICE. Take this notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearin can an call (707) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. ACT 91 Page I of 5 LA NOTIICACION EN EDJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL, CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVIAN HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DER£CHO A REDIMIR SU HIPOTECA. Mortgagor Name TONA R GABBARD 4506 WOODS WAY MECHANICSBURG PA 45039 Loan Number : 0058522327 Original Lender First Horizon Home Loans Current Lender/ Servicer : First Horizon Home Loans HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: *IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, *IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND *IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must ACT 91 Page 2 of 5 fill out, sign and file a completed Homeowner's Emergency Mortgage Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located at: 4506 WOODS WAY MECHANICSBURG PA IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: No. of months due Payment amount due 3 @ 2,175.48 0 fuz 0 (} @ 0 Late Charges 157.18 Other charges: Bad Check Fee .00 Inspection .00 Minus Suspense .00 TOTAL AMOUNT PASTDUE: 6.683.62 ACT 91 Page 3 of S B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) days of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS 6.683.62 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: First Horizon Home Loans 4000 Horizon Way Irving, TX 75063 Attn: Cashiering You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will.be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and Prevent the sale at any tie up to one hour before the Sheriff s Sale. You may do so by paying the total amount then past due plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-it is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 9 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of ACT 91 Page 4 of 5 course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: First Horizon Home Loans 4000 Horizon Way Irving, TX 75063 Attn: Loan Counseling Dept. 1-800-364-7662/Phone 1-214-441-7392 /Fax EFFECT OF SHERIFF'S SALE- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at anytime. ASSUMPTION OF MORTGAGE-You may or may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT *TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. *TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. *TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) *TO ASSERT THE NON-EXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. *TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. *TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. IF YOU HAVE ANY QUESTIONS, CONTACT LOAN COUNSELING AT 1-800-364-7662. Sincerely, First Horizon Home Loans: Collections Department ACT 91 Page 5 of 5 HEMAP Consumer Credit Counseling Agencies YORK County Report last updated: 1102009 9:12:55 AM Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 717.637.3768 Base, Inc. 447 South Prince Street Lancaster, PA 17603 717.392.5467 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 888.511.2227 CCCS of Western PA 55 Clover Hill Road Dallastown, PA 17313 888.511.2227 888.511.2227 Housing Alliance of York 35 South Duke Street York. PA 17401 717.854.1541 -1) Er- O M M r` a W tr Q Q` M 0 .u rzI Postage $ Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Postmark Here N PS Form 3800, Septemter 2002 US Postal Service Certified Mail Receipt SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson F~~~',-'. L ,,~~ Sheriff . ~ T; _ -. _ , ~: , . Jody S Smith ~ Chief Deputy t . ZJ~~ .~`.:. '~ riii ~~ ~~ ;'~~ Richard W Stewart r1~ ITS Solicitor c~~~ : t ~F -ter =r::~~~ C~J~~~~=- : ,;~, . r'~ , ~_., The Bank of New York Mellon vs. Carl T. Gabbard, Jr. SHERIFF'S RETURN OF SERVICE Case Number 2010-3769 07/06/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Carl T. Gabbard Jr., but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Carl T. Gabbard Jr. Request for service at 4506 Woods Way, Mechanicsburg, PA 17055 is vacant. To date the Mechanicsburg Postmaster has been unable to provide a good forwarding address for Carl T. Gabbard Jr. SHERIFF COST: $42.00 SO ANSWERS, •P t~9~_~ July 06, 2010 RON R ANDERSON, SHERIFF ;ci Cq~.i ~~, suite She:^?t. rE,!ec:.=.orr. fir::. .• PARKER McCAY P.A. By: Mary Wu, Esquire Attorney ID# 209171 Three Greentree Centre 7001 Lincoln Drive West P.O. Box 974 Marlton, NJ 08053-0974 (856) 810-5815 File # 14027-0187 Attorney for Plaintiff The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for the holders of the Certificates, First Horizon Mortgage Pass- Through Certificates Series FH06-AA6, by First Horizon Home Loans, a division of First Tennessee Bank National Association, Master Servicer, in its capacity as agent for the Trustee under the Pooling and Servicing Agreement. 4000 Horizon Way Suite 150 Irving, TX 75063 Plaintiff, v. Carl T. Gabbard, Jr. and Tona R. Gabbard (deceased) 4506 Woods Way Mechanicsburg, PA 17055 Defendants ,, ~r'r~~ ~~'~`, :~~r~RY Z~~Q .~~~. ~ ~ Ar'~1 ~• i J Cl.'E~~~ E ~:u~17Y COURT OF COMMON PLEAS CUMBERLAND COUNTY JUNE TERM, 2010 DOCKET NO. 10-3769 CIVIL TERM CIVIL ACTION MORTGAGE FORECLOSURE CERTIFICATION OF SERVICE I, Mary Wu, Esquire, do hereby certify that the Defendant, Carl T. Gabbard, Jr. was served with the Complaint in Mortgage Foreclosure, by the Sheriff of Warren County, Ohio on June 27, 2010 at his current address of 7452 Turtle Lane, Apt. C, Maineville, Ohio 45039. A true and correct copy of the sheriff s return of service is attached hereto as Exhibit "A". PARKER McCAY P.A. Date: gy: ary W squire EXHIBIT A PARKER McCAY P.A. By: 1l~Iary- :'~Vu, Esquire Attorney ID# 209171 Three Greentree Centre 7001 Lincoln Drive West P.O. Box 974 Marlton, NJ 08053-0974 (856) 810-5815 Attorney for Plaintiff File #:14027-0187 The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for the holders of the Certificates, First Horizon Mortgage Pass-Through Certificates Series FH06-AA6, by First Horizon Home Loans, a division of First Tennessee Bank National Association, Master Servicer, in its capacity as agent for the Trustee under the Pooling and Servicing Agreement 4000 Horizon Way Suite 150 Irving, TX 75063 Plaintiff, v. Carl T. Gabbard, Jr. and Tona R. Gabbard (deceased) 4506 Woods Way Mechanicsburg, PA 17055 Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY JUNE TERM, 2010 DOCKET NO: 10-3769 CIVIL ACTION MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE 1 Dept-y I, L._-4- . I~A.-'k ~ar~~ ,Sheriff of Warren County, Ohio do hereby certify that Defendant, Carl T. Gabbard, Jr. was served with the Complaint in Mortgage Foreclosure in this action on Ap+- L the~~day of~ u.n~ 2010 at~~~~pm/ Defendant was served at ~'-~'~aTt~u~tle- LN ~AU.~Cy~ ~ ~C, OI-~ '-15b3°I by handing the documents to ~ pU~ ~ 1. Sworn to and subscribed to Before me this day of ~I,~,n ~ , 2010 .--- G~./ ARLENE t~WARD Comb a~ilon~E~ October 23.2010 WARREN COUNTY, PARKER McCAY P.A. By: Christine A. Pinto, Esquire Attorney ID# 205622 Three Greentree Centre 7001 Lincoln Drive West P.O. Box 974 Marlton, NJ 08053-0974 (856) 810-5815 File # 14027-0187 Attorney for Plaintiff The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for the holders of the Certificates, First Horizon Mortgage Pass- Through Certificates Series FH06-AA6, by First Horizon Home Loans, a division of First Tennessee Bank National Association, Master Servicer, in its capacity as agent for the Trustee under the Pooling and Servicing Agreement. 4000 Horizon Way Suite 150 Irving, TX 75063 Plaintiff, V. Carl T. Gabbard, Jr. and Tona R. Gabbard (deceased) 4506 Woods Way Mechanicsburg. PA 17055 Defendants T >1, COURT OF COMMON PLEAS CUMBERLAND COUNTY : JUNE TERM, 2010 : DOCKET NO. 10-3769 CIVIL TERM CIVIL ACTION MORTGAGE FORECLOSURE CERTIFICATION OF SERVICE 1, Christine A. Pinto, Esquire, do hereby certify that the Defendant, Carl T. Gabbard, Jr. was served with the Writ of Exectution and Notice of Sale in Mortgage Foreclosure, by the Sheriff of Warren County, Ohio on September 1, 2010 at his current address of 7452 Turtle Lane, Apt. C, Maineville, Ohio 45039. A true and correct copy of the sheriff's return of service is attached hereto as Exhibit "A". Date: September 15,2010 PARKER M AY P.A. By: a* - Christine A. Pinto, Esquire V XHIBIT 8 PAFXERoMcCAY P.A. By: Mary Wu, Esquire Attorney ID# 209171 Three Greentree Centre 7001 Lincoln Drive West P.O. Box 974 Marlton, NJ 08053-0974 (856) 810-5815 Attorney for Plaintiff File 4:14027-0187 The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for the holders of the Certificates, First Horizon Mortgage Pass-Through Certificates Series FH06-AA6, by First Horizon Home Loans, a division of First Tennessee Bank National Association, Master Servicer, in its capacity as agent for the Trustee under the Pooling and Servicing Agreement 4000 Horizon Way Suite 150 Irving, TX 75063 Plaintiff, V. : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : JUNE TERM, 2010 : DOCKET NO: 10-3769 : CIVIL ACTION : MORTGAGE FORECLOSURE Carl T. Gabbard, Jr. and Tona R. Gabbard (deceased) 4506 Woods Way Mechanicsburg, PA 17055 Defendants AFFIDAVIT OF SERVICE I, - ?? o f-'((! 'yAr Cj' I?Scrt , Sheriff of Wa:,en County, Ohio do hereby certify that Defendant, Carl T. Gabbard, Jr. was served with the Writ of Execution and Notice of Sale in this action on the 1 day of 2010 atl'Ib/am. Defendant was served at ??}? 1 u r ? 1 E -N ??f (.?? e V+ handing the documents to A-r C k r(k ? _ r' ! ire?. -? , S-1-h-) ff? WARAf V C LINTY, OHIO Sworn to and subscribed to Before me this __ day of 2010 PARKER McCAY P.A. By: Christine A. Pinto, Esquire Attorney ID# 205622 Three Greentree Centre 7001 Lincoln Drive West P.O. Box 974 Marlton, NJ 08053-0974 (856) 810-5815 Attorney for Plaintiff File #:14027-0187 ? Ef -0, 71 E?. I,' .?. .'?.? ViTj .i The Bank of New York Mellon Vk/a The Bank of New York, as Trustee for the holders of the Certificates, First Horizon Mortgage Pass-Through Certificates Series FH06-AA6, by First Horizon Home Loans, a division of First Tennessee Bank National Association, Master Servicer, in its capacity as agent for the Trustee under the Pooling and Servicing Agreement 4000 Horizon Way Suite 150 Irving, TX 75063 Plaintiff, V. Carl T. Gabbard, Jr. and Tons R. Gabbard (deceased) 45" Woods Way Merbanicsburg, PA 17055 Defendants. : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : JUNE TERM, 2010 : DOCKET NO: 10-3769 : CIVIL ACTION : MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO PaR.C.P. 3129.2 STATE OF NEW JERSEY : SS: COUNTY OF BURLINGTON I, Christine A. Pinto, Esquire, of full age, being duly sworn according to law, upon my oath, depose and say, I . True and correct copies of the Sheriffs Sale documents were served on the Defendant, Carl T. Gabbard, Jr., by Sheriff of Warren County, Ohio on September 1, 2010; True and correct copies of the Sheriff's Sale documents were also served on the Defendant via certified mail and regular mail, return receipt requested on September 21, 2010 as is evidenced by the PS Form 3817s and Sheriff's Return of Service affidavits attached hereto as Exhibit "A". 2. True and correct copies of the Notice of Sheriffs Sale of Real Estate (Lienholder Notice) and other applicable notices with reference to the scheduled Sheriffs sale were sent to the following parties of interest on September 21, 2010, via first class mail, postage prepaid with certificates of mailing which are attached hereto and made a part hereof as Exhibit "B" The Bank of New York Mellon f/k/a The West Asset Management for Bank One Bank of New York, as Trustee for the holders 7171 Mercy Road, Suite 400 of the Certificates, First Horizon Mortgage PO Box 6618 Pass-Through Certificates Series FH06-AA6, Omaha, NE 68106 by First Horizon Home Loans, a division of First Tennessee Bank National Association, Master Servicer, in its capacity as agent for the Trustee under the Pooling and Servicing Agreement 4000 Horizon Way Irving, TX 75063 West Asset Management for USAA First Horizon Home Loan Corporation 7171 Mercy Road, Suite 400 4000 Horizon Way PO Box 6618 Irving, TX 75063 Omaha, NE 68106 Cumberland County Tax Collector West Shore School District Bonnie K. Miller, Collector Bonnie K. Miller, Collector 1993 Hummel Avenue 1993 Hummel Avenue Cam Hill, PA 17011 Cam Hill, PA 17011 Lower Allen Township Sewer/Trash Bonnie K. Miller, Collector Lower Allen Township 1993 Hummel Avenue 1993 Hummel Avenue Cam Hill, PA 17011 Cam Hill, PA 17011 Cumberland County Tax Claim Bureau Commonwealth of Pennsylvania 1 Courthouse Square Department of Welfare 1" Floor, Old Courthouse Rm 106 333 Health and Welfare Building Carlisle, PA 17013 Harrisburg, PA 17105 ! I Domestic Relations Division 13 North Hanover Street Carlisle, PA 17013 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4909 relating to unswom falsification to authorities. ?ii- CHRISTINE A. PINTO, ESQUIRE Atty ID# 205622 Attorney for Plaintiff Sworn to and subscribed Before me this 0* day of November 2010 '???No?tary Public ROSA GAMBALE NOTARY PUBLIC OF NEW JERSE MY Commission des Maa 16, 204 i EXHIBIT A • • PARKER' McCAY P.A. By: Mary Wu, Esquire Attorney ID# 209171 Three Greentree Centre 7001 Lincoln Drive West P.O. Box 974 Marlton, NJ 08053-0974 (856) 810-5815 Attorney for Plaintiff File #:14027-0187 The Bank of New York Mellon Vk/a The Bank of New York, as Trustee for the holders of the Certificates, First Horizon Mortgage Pass-Through Certificates Series FH06-AA6, by First Horizon Home Loans, a division of First Tennessee Bank National Association, Master Servicer, in its capacity as agent for the Trustee under the Pooling and Servicing Agreement 4000 Horizon Way Suite 150 : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : JUNE TERM, 2010 : DOCKET NO: 10-3769 : CIVIL ACTION : MORTGAGE FORECLOSURE Irving, TX 75063 Plaintiff, V. Carl T. Gabbard, Jr. and Tona R. Gabbard (deceased) 4506 Woods Way Mechanicsburg, PA 17055 Defendants AFFIDAVIT OF SERVICE t I, b • v cq'C.11 CkMM , Sheriff of Warren County, Ohio do hereby certify that Defendant, Carl T. Gabbard, Jr. was served with the Writ of Execution and Notice of Sale in this action on the I day of Se , 2010 at+ /am. Defendant was served at 7745 -Tux-4 to I - K4 ?(p ?oCVi I ?G Q64 5b30 by handing the documents to Ors- Cialbard- jr Sheliff I WA N C LINTY, OHIO Sworn to and subscribed to Before me this _ day of , 2010 N 0 3 -.t m 0 .P iF! 1 A °D tTI 3 ° Z ?N A N till m ? a ?"g N N t y Z m 0 I W N o r. o to Z ?o W ? f, m ? Z a N v w m p O oc, O c-D Ln _ ;• Goo-, 0% O ! f © v+ b C7 v' ° d. st 3 IOM N LT i PJ 7160 3901 9646 8844 1366 TO' Carl T. Gabbard Jr. 4506 Woods Way Mechanicsburg, PA 17055 SENDER: se REFERENCE 14027-0187 Notice sale/writ 7160 3901 9848 8844 1315 TO' Carl T. Gabbard Jr. 7452 Turtle Lane, Apt. 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