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HomeMy WebLinkAbout10-3833~ •. SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY LD DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D.1\ MICHAEL CLARK, ESQ., ATTORNEY LD. N0.202929 LESLIE RASE, ESQ., ATTORNEY I.D. NO. 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037632 The Bank of New York Mellon, (flea The Bank of New York) on behalf of CIT Mortgage Loan Trust, 2007-1 PLAINTIFF vs. Michael S. Bircher, Jr. 756 Fishing Creek Road New Cumberland, PA 17070 DEFENDANT N0.78447; FILES-+~1~ ~u4~. ~. 81747 ?>" ?Nc ~ i r ~ ,;. r~~?Y 2QIQ JUd I 0 ~r;9 l0~ 4 I COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No: 10 , X833 ~lc~i l COMPLAINT -CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAYBE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. [F YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. ~4a.od~rd ~I-~~ e~ ~~r~os ~iL a1y3YG~ ., , Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE HAN DEMANDADO A LISTED EN LA CORTE. SI LISTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, LISTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. LISTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI LISTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA LISTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. LISTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA LISTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 SHAPIIZO & DeNARDO, LLC -~BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. N0.7$447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. N0.81747 MICHAEL CLARK, ESQ., ATTORNEY I.D. N0.202929 LESLIE RASE, ESQ., ATTORNEY I.D. N0.58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037632 The Bank of New York Mellon, (fka The Bank of New York) on behalf of CIT Mortgage Loan Trust, 2007-1 PLAINTIFF VS. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: Michael S. Bircher, Jr. 756 Fishing Creek Road New Cumberland, PA 17070 DEFENDANT COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, The Bank of New York Mellon, (fka The Bank of New York) on behalf of CIT Mortgage Loan Trust, 2007-1, the address of which is, 715 S. Metropolitan Ave., Oklahoma City, Oklahoma 73108, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortaaae: Mortgagee: Mortgage Electronic Registration Systems, Inc. as nominee for Wilmington Finance, Inc. Mortga og r(s): Michael S. Bircher, Jr. (b) Date of Mortaa~e: August 22, 2006 (c) Place and Date of Record of Mort~aae: Recorder of Deeds Cumberland County Mortgage Book 1836, Page 5953 Date: August 25, 2006 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assignments: Assignor: Mortgage Electronic Registration Systems, Inc. as nominee for Wilmington Finance, Inc. Assignee: The Bank of New York Mellon, (f/k/a The Bank of New York) on behalf of CIT Mortgage Loan Trust, 2007-1 The assignment is in the process of being formalized. 2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by virtue of the above-described Assignment(s). 3. The real property which is subject to the Mortgage is generally known as 756 Fishing Creek Road, New Cumberland, Pa 17070 and is more specifically described as attached as part of Exhibit "A": 4. The name and mailing address of the Defendant is: Michael S. Bircher, Jr., 756 Fishing Creek Road, New Cumberland, PA 17070 5. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 6. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of December 1, 2009 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below aze immediately due and payable. 7. The following amounts are due as of May 31, 2010: Principal Balance Due $118,123.11 Interest Currently Due and Owing at 6.29% From November 1, 2009 to May 31, 2010 $4,316.32 Late Charges $300.98 Appraisal Fees $90.00 Property Preservation $55.00 Title Search Cost $250.00 Attorney Fees & Costs of Foreclosure $5,000.00 TOTAL $128,13 5.41 8. Interest accrues at a per diem rate of $20.36 each day after May 31, 2010, that the debt remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other expenses, costs and charges collectible under the Note and Mortgage. 9. The attorneys' fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriffs sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. 10. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et sec ., was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Copies of the material part of the Notice are attached hereto as Exhibit "B" in accordance with Pa.R.C.P. 1019(1). 11. Pursuant Pa.R.C.P. 1019(d), the Notice sent to the Defendant(s) contains the information required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P.S. § 403 et seq., and separate Notice of Intention to Foreclose is not required. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendant, in the amount set forth in paragraphs 7 and 8, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. Date: ~~ SHAPIRO & DeNARDO, LLC BY: Attorneys for Plaintiff S & D File No. 10-037632 ~~ r ~Lv~. 0 coulm 0603053 Prepared By: Wilmington Fiaaaoe, inc, 401 Plymouth Road, Suite 400 Plymouth Meetiag, PA 19462 RetumTo Wilmington Finance, lac. 401 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 Preuiisea: 756 FISEIINQ CREEK ROAD NEW C1A~ERLAND, PA 17070 Parcel Number. 67-27-000-RF-0 i77-LO (SpoosAboveTt~ UaoFor ReaordlaaDotoi MORTGAGE Loan Number. 2000029253 MIN 100372406083169588 DEFINfI70A1S Words used in multiple sections of this document are defined below and other words aro defined in Sections 3,11, ] 3, S 8, 20 and 21. Certain toles regarding the usage ofwords used in this document are also provided in Section 16. (A) "Security ioatruaaegt" means this document, which ie dated August 2Z, 2006 ~ 1(- together with all Riders to this document. d (B) "Borrower" is MICHAEL S. BIRCHER ]R.~ Borrower is tho mortgagorunder this Security Instrument. PENN3YI.VANIA-SSnglsFamlly-FannlsMaelFreddlsMaeUNIFORMIN9TRUIISENTWt7HMER8 Form90s91/01 ~~BA(PA) (o6oe)st ws. ~ a+e Inr.rr. ..~_. VA/PAbeq~lewNwu. Nye. DDS-bPA t4ooN iS36 Paae 3953 ~~ ., ,bra "fl r ~. ~ ,~ ,. a (C) "HERS" u Mortgage Blectronie Registration Systems, Inc'"1v11:RS is a sepalato corporation that is acting solely as a nominee for Lender and Lender's successors and essigtte. MEtiiS is the mortgagee under this Security Instntmeak ivIERS is organized and existing under rho laws of Delaware, and has as address and telephone number of P.b. Boxl1~ 2425, F]mt MI48S01.2026, tel. (888) b79-HERS. (D) "Lender" is Wilmington Finance, Inc. Lender is a Corporation organized and existing under the laws of Delaware Lettde~s address is 401 Plymanth Read, Suite 400 ~'i" Plymouth Meeting, PA 19452 (L~"Note"meausthepromissarynotnsignedbyBoanweranddated August 22,2006 The Note states tbatBormwerowp Lender t71ne Hundred Twenty Thousand Fonr Iiundrvd t?ighfiy end 001100 Dollars (U S. S 120,480.00 ) plus interest. Bortower hu pmmised m pay this dabtia regales Periadio Payments and to pny the debt is Rtll not later than September 1,2036 (i~ "Property" means the property that Is described below under the heading "TranaferofRights inthe Property: ' {G) "Loan" means the debt evidenced by We Note, plus interest, any prepayment charges and late charges doe under tbeNote, and all sums due under this Security instrument, plus intercak (1~ "Alders" means all Riders to this Security instrument that aro executed by Hormwer. The following Riders aro to be executed byBorrower[check box as applicable]; [~~ Adjustable Rate Rider ^ Condominium Rader ^ SecondHome Rider ^ Balloon Rider ^ PlannedUnitDevelopmeatRider ^ 1-4FamilyRFder ^ VA Rider ^ BiweelrlyPaymaatRlder ^ tJther{e) [specify] m "Applicable Law" means all controlling applicable federal, state sad local statuwa, rogulntions, ordiaenoes and sdminiatrative rules and orders (that Gave the effect of law) as well as all applioable final, non-appealable judicial epiaiona. (~ "Cormm~nlty AseaciatioaDues, Fees, and Aaaesemeata" meatrs all dues, fees, assessment, and othercharges that are imposod an Borrower or the Property by a condominium association, homeowners association or similar organization. (lt) "Electroale Fuada Treader" means any transfer of funds, other tbea a transaction originated by check, drag, or almilar paper inatrwaent, which is initiated through as electronic terminal, telephonic instrument. computer, or taagnetie taps so as to order, instruct, or authorize a ftnancial instihition to debit or credit art account. Such term iaatudea, but ie not limited to, potat-oE sale transfara, automated taller rnachina transactions, traasferc iaidated by tekpboao, wire transfers, and automated ciearinghouse trtrnafere. (L) "Farrow Items" mows those items that are descxibed iu Section 3. 9a9a>!o110 Inlfala: -OA{PA1 toaoetoi Form 3030 1101 l)DS-CPA (1117 "Miscellaneoas Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any t61rd party {other than insurance proceeds paid under the coverages destxIbed in Section S) for: (i) damage to, or destrucHan of, the Proptuty; (li} candomimtion or other taking of all or any part of the Property; {iii) conveyance In lieu of condemnation; or (iv) miscepresentationa of or omissions as to, the value and/orconditlon of the Property. (Nj "MortgageIasursace" mesas insutatrcbpmteatingLender agaimtthe nonpayment o~ ar defaulton, the Loss. (O) "Perlodlc Payment" means the regularly schadaled amount tine for (I} principal and interest under the Note, plus (irk any amounts tuuler5ection3 of this Security Instrument. (P) "12ESPA" means the Real Estate Settlement Procedures Act (l2 U.S.C. Section 2601 et seq.) and its implementing regulaticry Rogttlatian X (24 C.FR. Part 3500), as they might be amended ilnm time to time, or any additional or successor legislation orrogutation that govtxas the same subJeet matter. As used in thta Security Iastrutnent, "RESPA" refers to all trequitnmants and rostcictioas that are imposed in rogard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" underRESPA. (Q) "Succaser in Interest of Borrower" means any patty that has fatten title to We Property, whether or not that party has aasumedBorrower'sobiigatlooaunder IbcNoteand/ortltis SecurityInstrnmeot. TRANS FBR OF RIGHTS IN TH8 PROPERTY This Security Instrument secures to Lender. (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ti) the performance of Borrower's covenants and agraemeats under this Security ]nsirtunent end the Noto. For this putTwse, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to We successors and assigns ofMERS, the foQowing described property located in the County [Typteof tteootd3ngJurddiotton] of YORK [NaataofRmordingJurisd(cdon]: LEGAL DESCRIPTION ATTACHED HERETO AND MADE APARTHEREOF. which currently has the address of 756 FISHING CREEK ROAD [sour] NEWt~UMI3ERLAND [dtyJ,Pemtsylvturia ]7070 [ZtP~oJ ("PropertyAddross'~: TOGETHER WITH all the improvements now or hereafter erected oa the property, and all easements, appurtenances, and fixtures now orheteaftor a port of the property. All replacements and additions shall also be covered by this Security Instrument Ail of the forogoiag is nfetnd to in tbte Sectrrlty Instnastent re the "Property:' Borrower understands and agrees that MERS holds Daly legal title >b the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (aa nominee for Lender and Lender's successors and assigns) has the right: to exorcise any to all of those interoats, including. bat not limltod to, the tight m foreclose and seU the Property; and to take coy action required of Lender inoluding, but not Iuaitod to, releasing and ca<tcoling this Securilylnsttumeat. wu.~( 8A(PA-roaoetot P0s•'d 1° Form 9039 7101 DDS•tSPA BORROWER COVENANTS that Borrower is lawftrlly seised of the estate hereby conveyed and has the right to mortgage, grant and convoy the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against nil claims and demands, subject to any eacasmbraacea ofrecord. THIS SECUItTIY 1NSTRUMIIVT combines uniform covenants for national use and non-nnlform covenants with Iimitod variaticna by Jurisdiction to constitute a uniforaa security instrument cove~riag real property, UNIFORM COVENANTS. Borrower and Lender covenant and ogres ae follows; 1. Payment of Principal, Interest, Escrow hams, Prepayrsant Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by rho Note and say prepayment charges and late charges due under the Moto. Borrower shell also pay funds for Escrow Items pursuant to Section 3. Payments due uadarthe Note and this Security Instrument shalt be rondo in U.S. eurreacy. Hoacver, if nny check or other hrstrutnent received by Lander as payment under the Note or this Security Instrument la rotunred to Lender uapatd, Lender tray inquire that any ~ all subsegneut payments due under the Note and this Security Inatrtrrncnt be made in one ar morn of the following forms, as aakcted by Leader. (a) cash; (b) tnotrey ardor; (c) certified check, bealt check, treasurer's chock or cashier's check, provided say such chadt is dcnwa upon as iaatltution whose daposils arc insured by a federal agency, instrunumtality, or entity; or (d) Electronic Funds Transfer. Payments aro deemed received by Lender when received at the location designated in lire Note os at such ether tocetiaa as may bo designated byLaader in eccordnnce with the notice provisions is Section 15. Lendermay return any payment or partial payment if tba payment or partial payments are insufilderrt to bring the Loan current. Leader may accept any payment or partial payment iosnfRelent to brhrg the Loan current, without waiver ofaoy rights hereunder or prejudice to its right to refuse such paymoot or partial payments in the future. but Candor is not obligated to apply such payments at the time aueh payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Leodernaednotpay interest onunapplied tirnds.Lander mayhold suchunapplled firadsuntil Borrower makes payment to bring the Loan current. if Borrower does not do so within a reasonable period of time, Lender shall etthcc apply such funds or rotuat them to Barrowor. [f net applied earlier, such funds will bo applied to the outstanding principal balance under the Note Immediately prior to foreclosure. No offset ar 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. AppUestlon of Psyments or Proceeds. Except as otherwise described in this Sectlaa 2, all payments accepted and applied by Lander shall be applied in the following order of priority: (a) interest duo under the Note; (b) principal duo under the Noto; (c) amounts due under Section 3.5uch payments shell bo applied to each Periodic Payment in the order In which it became due. Any romainiag amounts shall be applied frr~ to late charges, second to any other amounts dun under this Security Instrument, sad rhea to reduce rho principai balua+o of 1hoNole. If Lender receives a payment from Borrower far a delWqucntPeriodle Payment which inclndes a sufficient amount to pay any late charge due, tht payment may ba applied to the delinquent payment and the late charge. If more than ono Periodic Payment is outstanding, Lender may apply any payment received from Borrower to Wa ropayment of the Periodic Payments if, and to the extant that, each payment can be paid in full. To the extant that any excess exists after fire payment is applied to the full payment of one or room Periodic Payment,, such excess may be applied to any late charges due. Voluntary prepaymeals shall be applied firer to any prepayment charges and then as descrrbedln the Note. i~su~ -6A(PA) (060EtA1 Pspa1d16 rOflrl]039 1/01 ens-erg Arty application of payments, insnranca proceeds, or Miscellaneous Proceods to principal dua under the Note shall not extend or postpone the due date, orchange the amount, of the Periodio Payments. 3. Funds for Escrow )items. Borrower shall pay to Leador on the day Periodic Payments are due under the Note, until the Note is pall is full, a atrm (the "Funds'? to pmvido for payment of amounts dua for. (a) taxes and assessments and other items which oan attain priority over this Security Instrument as a lien or ancumbrence on the Property; (b) lensahold payments or ground rents on tho Property, if any; (c) premiums for Ny and all insurance required by Lander under Section 5; and (d) Mortgago Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment ofMortgaga Instuanco premiums in accordance with rho provisions of Section l0. 'chase items era called "Escrow Items," At origination or at any tiara during the term of the Loan, Leader may roquire that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees sad assessments shall be an Escrow Item, Boaower shall promptly tlrrnlsh to Lender all notices of amounts to bo paid under this Section. Borrower shall pay Lender the Funds for Escrow Fteans uniees header waives Borrower's obligation to pay the Funds for any or all Escrow Items. Leader may waive Borrower's obligation to pay to Leader Funds for any ar a{1 Escrow items at any time. My such waiver may only ba in writing. [n the avant of such waiver, Borrower shell pay directly, when and where payable, the atnoanb due for any Escrow Items for which payment of Funds has bemr waived by Lender and, if Lender requires, ahaU famish to Lender nwipts evidencing wch payment within such time perkd as Lender may require. Borrower's obligation to make such payment, and to provlda 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. IfBorrower is obligatod to pay Escrow items directly, pursuant to a waiver, and Borrower fails to pay the amount dua for an Escrow Item, Loader may exarciso its rights under Sactloa 9 and pay such amount and Borrower shall then be obligateduader Section 9 to repay to Lander any such amount. Lender may revoke the waiver as to any or all Bscrow Items at any time by a notice given is accordance with Seotian 15 acrd, upon such ravocatian, Borrower shnli pay to Leader all Funds, and in sooh amounts, that arc thm ngnired under this Seotioa 3. Lender may, at any time, collect and hold Funds is as amauat (a) suffideat to permit Lender to apply the Funds at the titae specifed under 1ZESPA, and (b) not to exceed the maximum amoant a lender can requiro under RESPA. Lender shall ostimata the amount of Funds due on the basis of correct data and reesrmable est{matea of expenditures of future Escrow Items or atharwiso in aaeordance with Applicablo Law. Tho Funds shall be held in an iostitutionwhose deposits are insured by alederal ageary, instrumentality, or entity Cncluding Lender, if Lender is en institution whose deposits are so insured) or m any Fedarai Home Loan Beak. Lender shatl apply the Funds to pay rho Escrow Items no later thaw tba time specified under RESPA. Lender shell not charge Borrower forholding end applying the Funds, annoally analyzing the escrow account, or verityb-g tlu Escrow Items, unless Lender pays Borrower interest oa rho Funds and Applicable Law permits Lender to make such a charge. Unless mt agreement is made in writing ar Applicable Law requires taterost to be paid on tba Funds, Lender shall not be required to pay Borrower any intarost or earnings on the Funds. Borrower and Louder can agree in wrhing, however, that interest shall be paid an the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by ItESPA. in~r~ ~U1~ ®m OA(PA) toaae).ot ~05pf /Q Farm 3039 l/ei DOS-6PA i f there is a surplus of Funds held in escrow, as defined ender RESPA, Leader shell account to Borrower far the excess funds In accordance with ItESPA. If there Is a shortage of Funds held In escrow, es defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shnU pay to Lender the amount necessary to make up the shortage in accordance with IZE.4PA, but in no mare than 12 monthly payments. If Ware is a defleiancy of Funds held in escrow, es defined under ttESPA, Lender shall notlfyr Borrower es required by ]tESPA, and Borrower shat! pay to Lander We amount necessary to make up the dafieiency in accordance with RESPA, but in no morn Wan 12 monthly payments. Upon payment In full of all sums secured by this Security ]nstnrment, [,ender shall promptly refund to Borrower any Panda held by Leader. 4. Charges; Lleo:. Borrower shall pay all texts, essessrnents, charges, fines, and impositions attributable to the Property which can attain priority over this Security [nstrtnnent, leasehold payments or ground fronts oa the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shallpay them is rho manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over Wis Security lnatrnmeat outage Borrower: (a) agrees W writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so tong as Borrower is performing such agreement; (b) contacts the lien is good faith by, or defends against anforcemeat of We lien in, legal proceedmgs which in Candor's opinion operate to provant the anforoement of the lien while those proceedings are pending, but only until swab proceedings are conoludad; or (c) secnrrs from the holder of We lion an agreement satisfhctary to Lender subordinating Wa lien to tlr{s Security Inetnrmeat. If Laodar determines that any part of the Property is subject to a lien which can attain priority over this Seaudty Instrument, Lender may give Baaower a notice identifying the lien. Within 10 days of the date on which that notice la given, Borrower shall satisfy the lien or talcs ono or mote of the aetioas net forth above in this Section 4, Landermay require Borrower to pay a oaatimo oharge fora real estate tax verification and/orreportingserviw used by Loader in connection with this Loan. 5. Property Insurance, Borrower shall keep the improvements now existing or hereafter erected on We Property lnsu red against lossby fare, bnrards included wiWin the term "mctended coverage," and any other hazards including, but not limited to, earWquakes end floods, for which Lender requiros hrsuraace.l7tis insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lander requires. What Lender requires pursuaut to rho preceding sentences can change during the terns of the Loan. The ittaurance carrier providing the inauranca shall be chosen by Borrower anbject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Botrowerto pay, in connection with this Loan, either: (a) a one-limo charge for lined zone determination, certiRcation and !reeking services; or (b) a ono-tinte charge for flood zone determination and certification services and subaequant charges each time remappings or armihu changes occur which reasonably might affect such determination or certiflcatlon. Borrower shall also be respanslble for the payment of any foes imposed by the Federal i?mergerwy Management Agency in connection with the review of any Rood zone datermhtation resulting from as objectionby Borrower. BAIPAI losoatot P"p"8d18 6orm 3039 1/a1 DDS-bPA If Borrower fails to maintain any of the wveragw described above, I.cnder may obtain insurance coverage, at Candor's option and Borrower's axpoase. Lender is under no obligation to purchase arty particular type or amount of coverage. Theroforo, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity k tba Property, or the contents of rim Property. against any risk har~rd or liability and might provide greater or lesser coverage than was proviousiy in effect. BorTOwar acknowledges that the coat of the insurance coverage ao obtained might significantly exceed the cost of insurance that Borrower could have obtained. Atry amounts disbursed by Leader under this Section 5 shall become additional debt of Borrower secured by this Security Tastrumeat These emanate shall bear interest et the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrowerrognesting psynnent. Ail insurance policies required by Lender and renewals of such policks shell bo subject to Lender's fight to disapprove such palkiea, shall include a standard mortgage clause, and shall Hama Louder ~ mortgagee and/or as ~- additional loss pays. Leader shall 6ava the right to hold the poQcies sad renewal certificates. If Lender requhaa, Borrower shall promptly give to Lender all roceipts of paid premiums and renewal notices. Tf Borrower obtains any form of insurance coverage, not otherwise required by Lender, fm damage to, or destruction o£ the Property, such policy shall inclado s staaderd mortgage oiatrse sad abaA aatne I.eaderaa martgageo and/or as an additional loan payee. In the event of lose, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Harrower. Unless Lender sad Borrower otherwise agree in writing. any insurance proceeds, whether or not the underlying insurance was required by Lender, shaA be tgrplled to ra+tnration or repair of the Property, if the restoration or repair is economically feasible and Lender's setxaity is not lesaeaed. During strch repair aril roatoration period, lender shall have the right to hold such insuranco proceeds tmtll Lander has had as opportunity to inspect such Property to artsnre the work has been completed to Lender's satisfaction, provided that such inspttction shall be undertaken promptly. Lender may disburse proceeds for the repairs sad rostoroHon In a single payment or in a series of progress peymeab as the work is completed. Unless an agreement is made in writing or Applicable Law rogttirea interest to be paid on such insurance groeeeds, Lender shall not be roquued to pay Borrower any interest or earnings on such proceeds. Foos for publio adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds end shall be the sole obligation of Borrower. [f the restoraton or ropair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instntment, whether or not than due, with rho excess, ig any, paid to Borrower. Such insurance proceeds shat! be applied is the order provided for in Section 2. if Borrower abandons the Property, Lender may file, negotiate end nettle say available insurance claim and related matters. if Borrower does not respond within 30 days to a notice from Lander first the insurance earner has offered to settle a claim, then Lander may negotiate sad scale the claim. The 30-day period will begin when the notice is given. In either event, nr if Leader acquires tho Property under Section 22 or otherwise, Borrower hereby assigns to Lender (s) Borrower's rights to any insurance proceeds ~ an amount not to exceed the amounts unpaid under the Note or this Security Iastnunent, end (b) any older of Borrower's rights {other than the right to say refund ofirnetrrned premiums paid by Borrower) under ail inaurnaca policiav covering the Property, insofar as such rights are applicable to the covarago of the Property. Lander may ass We insurance proceeds either to repair or restore the Property or w pay amouaa uapaidunder theNoto ar this Security Instrwnent, whether or not than due. ~uac ®~ 6A(PA) tosast.ot P•a•~orte Fortn 3039 1101 DDS-6PA 6. Occupancy. Borrower shall occupy, establish, and use file Property as Borrowers principal residence within 60 days after the execution of WIs Secarity instrument cad shall continue to occupy the Property as Horrowcr's principal residence for at least one year after the date of occupancy, unless Leader oWetwise agrees in writing, which consent shall trot beuarcasonablywiWheld, or unless cxtceuating circumstaacea exist which are beyond Borrowers control. 7. Prpervatlott, Mtriatenaace sad Protection of the Property; Inapactlom. Borrower shall notdestroy, damage or impair the Property, allow the Property to dotetioratt or cosnrnit waste on the Property. Whether or not Borrower is residing in the Property, Bon:ower shell maintain the Property in ardor to prevent the Property from deteriorating er decreasing in valae due m its coaditioa. Unless it is determined pursuant to Section i Wet repair ar restoration is not economically feasible, Borrower abaU promptly repair the Property if damaged to avoid further deterioration or damaga.lf insurance or condemnation proceeds eta paid is connection with damage to, or Ilse felting of, the Property, Borrower shall be responsible for repairing or restoring the Properly only if Lender has released proceeds for such purposes. Lender may disburse proceeds for We repairs and rostoraHon in s aitrgle payment or in a series of progress paymenb es the weds is completed. If the iuauranoa or condemnation ptviceeds are not sufficient to repair or restore the Property, Borroweris not relieved ofHorrower's obligstion for the oompledon of such repair orrestoration. Lender or its agent may make reasonable envies upon and inspections of the Property. If it has reasonable cause, Lender may Inspect the interior of the improvements an the Property. Lender shall give Borrower notice at the lima of or prior to such an interior Inspection spep[yiag such reaso~b)e cause. 8. Borrewer'a Loan Application, Harrower shall be io default if, dnring the Loan application process, Borrower or any parsons 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 Lander with material information) k connection with ebe Loan. Material representations include, but ore not Ihnided to, representations concerning Boaowar'a occuponoy ofthe Property as Borrower's principa! residence. 9. Proteatlon ofI.ender'a Interest in the Property and Righh Under flue Security Instrument. If (a) Bonbwer fails to perform Wa covenants and agreements contained is this Security Instrument, (b} Wero is a legal proceeding that might significantly affect Lenda~s interest in We Property aadlor rights ender this Security Instrument (such es a ptoceoding in bankruptcy, probate, for condenusatlon or forfeiture, for enforcement of a lien which may attain priority over this Security Inetrwtsetrt or to enforce laws or regulations), or (a) Borrower bas abendonod the Property, then Lender may do and pry for whatever is reasonable or appropriate to protect Lender's interest le the Property and rights under this Security Instromea~ including protecting and/or assessing rho value of the Property. and securing and/or reilalring 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 Saaurity Inshvmant; {b) appearing in court; end (c}paying reasonable attorneys' fooa to protect its interest in rho Property and/or rights under this Security Insavment, Including its secured position in a bankruptcy proceeding. Securing We Property Includes, but k not limited to, eotering fire Property tD make repairs, change locks, replace or board up doors and windows, drain water tYmtt pipes, eiiminatc building or other code violations or dangerous conditions, and have utilities fumed on ar off: Akhougb Lender may take action under this Section 9, Lander does not have to do so and is not under any duty or abligatton to do so. It is agreed that Lander incurs no liability for not taking any or all actions authari~under this Section 9. miwrr ~•eA(PA) losoe-.c~ Papeedle Form303s 11tH DDS-6PA Any amounts disbursed by Lender uadar 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 data of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requeadng payment. l f this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. ffBorrower acquires fee tick to the Property, the it~sehold and the fee title shall not merge unless Leader agrees to the merger is writing. 10. Mortgage Ynaurance. If Loader required Mortgage Insurance as a condition of making the Loan, Borrower shot[ pay the premiums raqutred to maintain the Mortgage Insurance in affect Ii; for any reason, the Mortgage Insurance coverage required by Lander ceases to be available from rite mortgage insurer that previously provided such insurance and Borrower was required to teaks separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required w obtain coverage substantially equivalent to the Mortgage [naurance previously in effect, at a Doer substantially equivalent m the oost to Borrower of the Mortgage Insurance proviausly is affect, from an ahernate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance covarege is not available, Borrower shall continua to pay to Leador the amount of the separately designated payments that were doe when the htsurance coverage tossed to be is affect Lender will accept, use and rotain these payments as aeon-refundable loos reserve in liar of Mortgage Instrance, Such loss reserve shall ba nos-mllmdable, notwithstandingthe fhct that the Loan is ultimately paid is full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lander can no logger require loss reserve payments if Mortgage insurance coverage (in rho amount and for the period that Leader rcqufres) provided by an securer selected by Lender again becomes ava[lable, is obtained, and Lander requires aepatateiy designated payments toward the premiums for Mortgage Irtsrrrattca. If Lendar required Mortgage Insuranao as a aoadition of making the Loan and Borrawar was raquimd to make separately designated payments toward the premiums for Mortgage hrstuaoce, Borrower shall pay the premiums required to maintain Mortgage Insrueaea in eFfect, or to provide a non-rafundnbia loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrawar mtd Lender providing for auah termhratioa or until termination is required by Applicable Law. Nothing in this Section l0 affacis Borrowe~a obligation to pay interest at We rata provided in !bo Note. Mortgage Insurance raimbursas Lender (or atry entity that purchases the Note) for certain losses it may incur if Borrower dots notrepay the Loan. as agreed. Borrower is not a party to the Mortgage lnsw~ance.. Mortgage insttrars evaloeta dteir total risk on ail snob insurance is farce Crotn time to time, and may enter into agreements with other part[as that share or modify their risk, or reduce losses. These agreoments are on terms and conditions that era sadsfactory to the mortgage insurer and the other patsy (or parties) to theca agreements. Throe agreements may require the mortgage insurer to make payments using arty source of foods that the mortgage Insurer may have availnbb (which may include funds obtained from Mortgago7nauraaae premirrms). As a result of tlresa agreenienta, Lender, any purchaser of the Note, another insrtrar, any ninsurer, any other aatity, or say affiliate of any of the foregoing, may receive (directly or indirectly} amounts that derive from (or might ba characterized as) a portion of Borrower's paymonls for Mortgage Insurattoe, in exchange far ahariag or modifying the mortgage insures risk, or reducing losses. if such agreement provides that as affiliate of Lander takes a share of the insurer's risk in exchange for a share of the premiums paid to the insuror, the arrangement is often termed °captive reinsurance."Further. (a) Aay such agreements will not attest the amounts that Borrower bas agreed to pay for MotKgage )Insurance, or any other terms of the Loan. Such agreemsnts wi8 not increase the amount Borrower will owe for Mortgage Insurance, and they wW aeteadtle Borrower to any refund. rrer.: u~,g -0A(PA}(awe)Ai P.ysOorle Form 3099 iJ0/ DD5-bPA N) Any such agreements will not atted the rights Borrower hsa - li aay -with respect to the Mortgage Insurance uadcr the Homeawaera Protection Act of 1998 or any other taw. These rights may include the right to receive certain disclosures, to regreat and obtain caaceliaiba of the Mortgage Insurance, to have the Mortgage Insurance terrainatsd automatically, and/or to receive a refnad ofany Mortgage Insurance premiums that were unearned at the drne of such caneellatlon or terminatloa. 11. Assignment of M'lacellaneous Proceeds; $orfeiture. All Miscellaneous Proceeds are hereby assigned to end shell bo paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property. if the restoratlan or repair is economically feasible and Lender's security is sot lessened. During such repair and restoration period, Lender shalt have the right to hold such Miscellaneous Proceeds until Leader hs, had as opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such laspection shell be undestakea promptly. Leader may pay for the repairs and rostaratioa in a single disbursernoat or in a series of progress payments es the work is completed. Unkrss an agreement is made in writing or Agplicabk Law raquiros interest to be paid on such Miscellaneous Proceeds, Lander ahaA not ba required to pay Borrower aay interest or earniag~ oa such Miseellan~ue Proceeds. if the restoration or repair is not economically feasible or Leader's security would be lessened, the Miscellaneaua Proceeds shall ba applied to We sums secured by this Security Lestrusnent, whether or not rhea due, with the excess, if aay, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for ht Section Z. In the event of a total taking, desttvction, or loss in vahre of the Property, the MisceUencous Proceeds shall be applied to the sums secured by this Security instrwncnt, whether or not then due, whit the excess. if any, paid to Borrower. In the avant of a partial taking, deshvction, or loss in value of the Property in which the fair market value of Cite Property immediately before the partial taking, destruction, ar lass in value is equal to or greater than the amauat of the sums secwed by this Security Instrument immediately beforo the partial taking, destruction, or loss in value, unless Borrower and Leader oWerwise agree fn writing, the soma secured by this Security lnsdument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fiaction: (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 imrnedistely boforo thepartisl taking,destruction, or loss in.value. Anybalance shall bepaidto Borrower. [n the event of a pertia[ taking, destruction, or bas in value of the Properly in which the fair market value of the Property immediately before the partial taking, destractloa, or loss in value is tans than the amount of the sums secured immediately befaro the partial taking, destractioa, ~or loss is value, unkaa Borrower and Leader otherwise agree 10 writing, the Miscellaneous Proceeds shall ba applied to rho sums secured by this Security instrument whether ornot the sums are then due. tf the Property is abandoned by Borrower, or if, altar notice by Leader to Borrower that rho Upposing Party (as defined in the next santeace) offers to make an award m settle a ctalm for damages, Borrower falls to rospond to Lender within 30 days after the date the notice is given, Leader is authorized to aolksct and apply the Miscellaneous Proceeds either to restoration or repair ofthe Property ar to the sums secured by this Security Instnrment, whether or not then duo. "Opposing Pasty" moans the Wind party that owes Borrower MisceIIaneous Proceeds or the party against whom Borrower has a right of sction is regard to Miscellaneous Proceeds. Botr+owor shall ba in default if any action or proceeding, whether civil or criminal, is began that, in Lender's judgment, mould result in forfeiture of the Property oc other materiel impairment of Lender's interest in the Property or rights underthie Security instrument. Ntldr. ~ILZY1 ®~6A(PA)(a~oetot v.s^~oa~a -+-~- Ferm30391lai DDS-6PA Borrower can arse such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing rho action or pracoeding to ba dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security instrument The proceeds of any award or claim for damages that era sttrlbtttable to rho impairnent of Lenders interest in the Property are hereby asaigaed aadshallbapaidto Lender, All Miscellaneous Proceeds that era sot applied to restoration or repair of We Property shall be applied io the order provided for is Section 2, 12. Borrower Not Released; Forbearance By Leader Not a Waiver. Exteaaion of the time for payment or modification of amortiutioa of the sums secured by this Security Instrument granted by Lender to Borrower or any Suoaassor W Interest of Borrower shell not operate oo rokese the Uabltity of Borrower or arty Steccesson in Interest of Borrower. Leader shall not be required to commence protxedings against arty Successor in Interest of Borrower or to reftrse to extend time for payment or otherwise modify amortisation of the sums sewrod 6y this Security Inalrumenl by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Arty forbearance by Lender la exercising any rlgbt ac remedy including, wiWont limitation, Lenders ncceptantxi of pnyments from third persons, entities or Saccessors in7nterost of Borrower ar is arnouaLs less than the amount then due, shall notbe a waiver ofarprecludethe exercise ofaayrlgbtorromedy, 13. Joint and Several Liabih"tyl Co-signers; Suceeseocs and Assigns Bound. Borrower covenants end agrees that Borrower's obUgations and liabtl'ty ahaU be joint and several. However, any Boaower wbo eo-signs this Security instrtrrneat but does not execute the Nota (a "co-signer"): (a) !s co-signing tWs 5ecru7ty lnatrumeat only to mortgage, great and convoy We co-signer's interest in the Property under the terms of this Security Instrument; (b) is not pccsonally obligeMd to pay the sums secured by this Seauity Instrument end (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear ar make any accommodations with regard to the terms of this Security Instrument or the Notewithouttha oo-eigaers consaat. Subject to the proviaioas of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument W writing, and fs approved by Leader, shall obtain all ofBorrowers rights and benefits under this Security Instrument, Borrower shall not be released from Borrower's obligations sad liability under this Security instrument unless Lender sgroes to such release in writing. The covenants cad agroements of this Security Instrument shall bind (except u provided is Sectioa20) and beaelit the successors and assigns of Leader. 14. Loaa Charges. Lender may charge Borrower fees for services perforated in connection with Borrowers default, for rho purpose of proteothrg Lender's interest in the Property and rights under this Security Instrument, including, but not limped to, attameys' fees, property inspection and valuation fees. Tn regard to any other fees, rho absence of express authority in this Security Instrument ro chargo a specific fee to Borrower shall not be construed as a prohibition on @re cltargiag of such fee. Leader may sot charge fete that are expressly prohibited by this Security IruurumerrtorbyApplicablefaw. 1 f rho 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 is coanaction with thn Loan exceed the permitted limits, then; (e) soy suoh loan charge shall be reduced by the amounU necessary to reduce the charge to the permitted Wait; and (b) any sums already collected fran Borrower which exceeded permitted limits wUl be refunded to Borrower. Lender may choose to make this rettmd by reducing the principal owed trader the Note or by making a direct payment to Borrower, !f a refund reduces principal, rite redaction will be treated as a partial prepsymerd without any prepayment charge (whether or not a prepayment charge is provided for tinder the Note), Borrower's acceptance of say such rotund made by direct payment to Borrower will coasdtute a waiver of any fight of action Borrower might have arising out of such overcharge. rNU.sc~~ ~•eA1PA1{asostnt P~0~11or18 Form303fi 1101 ADS-6PA 15. Notices. All notices given by Boezower or Lander in cooaeoUon with this Security Instrument mtut be in writing. Any notice to Borrower in connection with this Security Ltshvment shall be deemed to have bcea given to 8ortower when mailed by first class mail or whoa actually dniiverod to Borrower's notice address if sent by other means. Notice to say one Borrower shat! constitute notice to alt Borrowers unless Applicable Law expressly requites otherwise. The notice address shall be the Property Addroas ttnkas Borrower has designated s substitutn notice address by notice to Lander. Borrower shall pmtaptly notit~+ Lender of Borrower's change of address, If Lender spcaifies a procedure for reporting Borrower's change of address, rhea Borrower shall only report a change of address through that speciRed procedure. There tray be only ono designated eeotlce address under this Security Lnstrument at say onetime. Any notice to Lander shall be given by delivering it or by mailing h by fast class mall to Lender's address stated herein unless Leader has designated another address by notice to Borrower. Aay notice in connection with this Security instrumcttt shalt natbe deemed to have begirt given to Lender until actually received by Lender.If eny aodce tequired by this Secieriry Instrument is also ragnirod tinder Applicable Law, the ApplIcablc Law requirement will satisfy the eomapoading requireatdtt uadec thi8 Seottcityiastrumenl. 16. Gaveraing Law; Severabllltyl Rules of Coeutruetion. This Security lash»meat shalt be govetncd by federal law and the Iaw of rho Juriadicdon is which the Property k located Ail eights and obUgationa aentained in this Security Instrument are subject to any rcquieuraeats aetd timitatioas of Applicable Law. Applicable Law might explicitly ar Implicitly allow the parties to agree by con4~act or it might be silent, but such silence shall sot be coosntted es a prahtbition against agreement by contract. In the event that any provision or clause of this Security instrument or the Note conilicb with Applicable Law, such eatfliet shaII sot affect older provisions of this Security Instrument or the Note which can bo given offeetwithout thecoreliiet6tg provision. As used in this Security lnstrumeat: (a) words of rho masculine gender shall mean and include corresponding neuter words or words of fire fembtine gender; ro) words in the singuhtr shall mean and include the plural and vita vee8a; and (c) the word "racy" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of theNatn and of this Security Instrument, 18. Transfer of tLa Property or a BeaeScial Interest in Borrower. As used in this Section I8, "Interest !n lira Property"means any legal or beneHciai interest in the Property, iacludnag, but not 1mtited to, those beneficial interests transferred in a bond for dead, contract for deed, instalhnc~ sales contract or escrow agreement, the hrtent of which is the transfer of titleby Barrawer at s fietwe date to a pumhaeoc if ail or any pert of the Property or any Interest in the Property Is sold or transferred (ar if Borrower is not a natural person and a beneficial interest is Borrower is sold or lransf'eaed) without Lenders prior written consent, Lander may rcquiro immediate payenmet in full of all sums seared by Chia Security Instrument. Aowever, this option shall not be exercised by Louder If such exercise is prohlbitedbyAppiicable Law. If lender exercises this optiaa,Lender shall give Bonvwernotice ofaccoleration. The notka shall provide a period of not lass than 30 days 6~om the date the notice is given in accordance with Section 1 S within which Borrower must pay sit sums secured by this Saarrity Iastrutnant. If Borrower fails to pay These sums prior to the atpiratioa of this perlad, Lender nay invoke anyremediea permitted by this Seauritylnatntment wiWoutfurthernodce or demand onBorrower. i9. Borrower's Wght to Reiaatate Alter Acceleration. If Borrower meets certain coadttions, Borrower shall have the right to have enforcorttetit of this Secta'ity Instrument discontinued at anytime prior to the earlkst ats (a) live days before sale of the Property pursuant to any power of solo contained is this Security Instrument; (b) such other period as Applicable Law might specify for the terminatiaa of Borrower's right to reinstate; of (c) entry of a judgment enforcing this Security inahvracat. IIdYY~~ ®~ ei4ipgl (as~)Dt v.r.rsatte Form 3039 1101 DD6-GPA Those conditions are that Borrower, (a) pays Lender ell sums which then would be duo under this Security Instrument and the Nate as if no acceleration had occurred; (b) cuss any default of any other covenants or agreamena; (c) pays all expenses incurred in enforcing this Sacnrity Inshvment, btteluding, but not timtted to. rensoaebla attorneys' fees, property iaspectioa end valuer;on faos, end other fees lncunred for tho patpoae of protecting L.endar's interest In the Property and rights under this Security Ltnttvmeaq and (d) takes such action as Lender maynasonabiy regnira to assuro that Lenders interest is the Property and rights uadar thin 9eeurity Instrument, and Borroweta obligation to pay the sums secured by this Security Instrument, shall continue uachaaged. Leader may require drat Borrower pay auah relnstatetnent sums and expenses In one or rnora of the fdlowhtg forms, as selected by Lender. (a) cash; (b) money order; (o) certified check, beak check, tteasurnr's cheek or cashier's check. provided say such check is drawn upon an instituti~ whose deposits ere insured by a federal agency, inatrtrmantality or entity; or (d) Blectroalc Funds Transfer. Upon reinstatement by Borrower, this Secnrity hnstrument and obligtttloaa secured hereby shall ramala fully effective as if no accelastion had occurred. However, this right to relagtnte shalt sot apply in the case of acceleration under Saotion 18. Z4. Sale of Nota; Chaago of Laan Servtcer; l~totiee of Grtevanee. Tba Note or a partial interest in the Note (together with dtis Security Truhwnent) Dart be sold one or mare times witlmttt prior notice to Borrower. A sale might result in a change is the entity (Imown as the 'Loan Servieer'7 that eallecta Periodic Payments due under theNote and this Security Mstrument sad performs other mortgage loan servicing obligations under the Notc, this Security Instrument, and Applicable Law, There also might ba one or mare changes of the Lonn Servicer unrelated to n sale of the Note. if there is a change of the Loan Sarvieer, Borrower will be given written notice of the change which will state the name and address of the sow Loan Servlcer, lira address to which Payments shanld be made and any other information RESPA requires is connection with a notice of transfer of sarvlcitrg. Tf the Nota is sold and theroafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the tnortgege loan sarvictag obligations to Borrower will remain with the Loam Sen+icer orbs hansferred to a successor Loan Servicer and aro not assumed by the Noto purohaserunleas otherwise previdedbytheNoto purchaser', Neither eotrowar nor Lender tray canmenw, join, or be joined to tttty 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 Instromeat or that alleges that the other patty has btroaahed any provision of, or any duty owed ~ reason of; this 3ecurlry Instrument, until such Borrower ar Lender has sotlfled the other party (with auah aortae given In compliance with the requirements of Section 15) of such alleged breach and afforded the other patty hereto a reeaoaablo period after rho giving of snah notice to take corrective action. Ef Applicable Law provides a lima period which must elapse before certain action can be taken, that time period wtU be deemed to be reasonable forpurpasw of this paragraph. The notice of acceleration and opportunity to aura given to Borrower pursuant to 3ectioa 2Z and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportuairy to take corrective action provisions of this Section 20. 21. Hazsrdona Subahnces. As used in Wis Section 21 ~ (a) "Hazardous Substances" ere those substances defined as toxic or hazardous substances. Pollutants, or wastes by Environmental Law and the following substances: gasoline, keroseno, other flammable or toxic petroleum products, toxic pastteldes sad hecbieIdes, volatile solvents, matcriais containing asbestos a farmaldahyde, andradioactlve rnaarials; ro) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety ar environmental protection; (c) "Environmental Cleanup" includes arty response action, remedial notion, or removal action. as defined in Environmental Law; and (d) an "Fstvironraentat Condition" tneens a condition that can cause, contribute to, or otherwise trigger an Environmental Cloanup. W Wlr.~ ~meA(PA){asogn~ P~w~sona Rorrna6~a 1101 DD5-6PA 0orrower shall not cause or permit the praseace, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substaatxs, oa or in We Property. Borrower shell not do, nor allow anyone else W do, anything affecting the Property (a) that is in violation of any F.ttvironm~rtal Law, (b) which creates ao Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a coadidon that adversely afFacts the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage an the Property of small quantities of Hazardous Substances that ere generally recognized to be appropriate to normal residential uses aad to maintenance of the Property (Including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lendarwritton notice of (a) any investlgatien, claim, demand, lawsuit or other action by any governmental or regulatory agency or private patty involving the Property and say Hazardous Substance or Environmental Law of which Borrower has actual Imowladga, (b) say Ertvimamantal Condition, inclading kwt not limited to, any spilling, leaking, discltarga, coicaae or threat of retaese of any Hazardous Substance, and (c) any condition caused by the presence, tuc or please of n Hazanioua Substance which adversely affects the value of the Property. IEBorrower learns, or is notified by any govemmeatal or regulatory authority, or any private party, that any removal or other remedkation of any Hazardous Subsaaaca affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance vvit6 l~vironmamel Law. Nothing herein shall create any obligation onLenderforan Enviroomentalt:laeaup. NON-IJN)FORM COVfit~1ANT5. Borrower aad Leadarfutihercovenaat end agree as follows: 22. Acceleration;Remedies. Lendershallgivenotlaeto$orrowerpriortoaccelerationfollowing$orrower's breach of any covenant or agreement is this Security instrument (but sot prior to accekratleo ender Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other thiugs: (a) the default; (b) the action required to cure the default; (c) wben the da[sult moat be cored; sad (d) tbnt failure to cure the default as specified may result in accelcsation o[ the Gums secured by tbia Secnrlty Instrument, foreclosure by judicial proceeding add sale of the Property. Leader aha11 turthar Inform Borrower of the right to reirtatate attar acceleradton and the right to aaaert is the foreclosure proceeding the eon-eaNtence of a default or any other defense of Borrower to accolerstioa and [orecloaure. ff the default b not cured as specified, Lender at its option may regniro immediate payment in tall of all arms secured Dy this Security Instrument without further demand and may foreclose this Secnrlty Inatrumaat by judtdal praceediag. Leader ahs116c aatktled to collect all eapesaes incurred in pursuing the remedies provided In this Section 2Z, iaciudiog, but not limited to, attorneys' fees and costs of title evidaaca to the eYteatpermitted bpAppllaabte Law, 23. Release. Upon payment of all sums second by Chia Security Insuturrent, this Security Instrumept and the estate coaveyad shalt terminate and become void. After such oxuaanee, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costa. Lander may charge Borrower a fee for releasing tbIa Security Instrument, but only if the fee is paid to a tb ird party for services rendered sad the charging of the fan is parmttted under ApplicabkLaw. 24. Watvera. Borrower, to the extant pannftted by Applicable Law, waives and roloaees any error or defects in proceedinga to enforcn this Security lnatrument, aad herby wolves the beaeflt of any present or future laws providing for stay of execution, extension of time, exemption tiom attachment, levy aad sate, and homestead exemption. 2S. Reiastatemeat Period. Borrower's time to niastale provided in Section 19 shall extend to one hour priorto the comme~emont of bidding nt a aherig's sale or other sale pursuant to Win SanrityInswarent. 2b. Purchase Money Mortgage. If any of the debt secured by this 3eeurity Instrument is lent to Borrower to acgntre title to the Property, this Security hratrument shalt be a purchase money mortgages 27. Interest Rate Attec Judgment. Borrower agrees that the inbetest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shallbe the rata payable from time to lima under the Noto. tdtlde 1 lr (~, ®OA{PA){osoe).o~ P'a'~~0r~a -f~'- Farm 30391/01 DDS-6PA BY Sit3NJNG BELOW, Sarrower accepts and agrees to the terms and covenants contained in this Security Instrument sari in any Rider executed by Borrower and recorded with it. Witrteasoa: _ (Seal) -Borrower (Seen . - Borrower _ (Sent) -Borrower (Seal) -Borrower 'chael S. Bucher Jr. (Seal) -Horrowcr (Seep -Borrower (S~n -Horrowor (Seal) -Borrower -t1A(PAl loaoe}ot aw.tsdte Form 5039 1/a1 DDS-6PA COMMOiVWLALTH OF~P NNSYLVANIA, }~~ ~pQ,~,r-~ County ss: Oa tlua. the p?p~ daY of f~l.~.c~-t,~.r't ~ -1 at7(~(p , before me, tha undersigned officer, paraonaily appeared ((// !mown to me (ar satisfactorily proven) to be the person(~j whosa namel~'are subscribed to the within irntruraent sad acknowledged that~c she/tbey axccutad the same for the purposaa herein contained. IN WITNESS WEIIrREOF, I hereunto satmyhand and offiaiai seal. My Commission Express: T{QeofOtttcer IAONW NN8 V talolnrtSaal Lytn lul. tldaNok Noiaty P~fa txytx wr~Waap, t7auphtttbuigl ~ coimieJon ei~,ay ~ ~,'oro ter, lhnayNada Aaoolstlon M t~etntw CertiticateofResideace ~ ~ ``~-~ ' I, ~ A ~ f 1 v~ v1 ~J1 do hereby certify Wet the coarse! address of the within-named Mortgageo is P.O. Box 2026, Flint, MI 48501-2026. e~ r~ ~ ~~~ ~ 0~0 0~v Witness myhend this ~ P day of AgeatotMo~tg~gx YaYtlz .7i. aA(PAl toSOgAt Pay~teol~a Fotm303S 1107 ADS-6PA ALL THAT CERTAIN tract or parcel of land situate in Fairview Township, York County, Pennsylvania, more particularly bounded and described ecconiing to a subdivision plan for Paul E. Knudsen, recorded at Plan Book X, page 306, York County records, as follows, to wit: BEGINNING at a point on the eastern dedicated right-of-way line of L.R. 86003 at the Ilne of Tract No. 2 on the aforesaid plan; thence along the right-of-way line of L.R. 68003, thetoiiowing courses and distances: (a) North 30 degrees, 29 minutes Wesi, 28.29 teat, more ar lass, to a point; (b) around a curve to the right, 184.28 feet, more or lass, to a poinl; (c) North 19 degrees, 29 minutes West, 34.33 feat, more or less, fo a point; (d) around a curve to the right, 91.27 feek, more or less to a point; (e} North 11 degrees, 1 B minutee 40 seconds East, 47.45 feet, more or less, to a point; {f} around a curve to the right, 8027 feat, more or less, to a point at line of lands now or late of Herbert K. Hoffmeier, thence along said Hoffinefer lands, 5auth 42 degrees, 12 minutes East, 7 feet, more or less, to an iron pin; thence still along the same, South 42 degrees 12 minutes East, 234.39 feet 10 an iron pin; thence South 58 degrees, 58 minutes Eset, 84.12 feet to Ilne of Tract No. 2 on the aforesaid Plan; thence along the same, South 39 degrees, 27 minutes 47 seconds West, 229.68 feet to the eastern right-of-way Sine of L.R. 88003, the Place of BEGINNING. CONTAINING 1.05 acres, more or less, thereon erected atwo-story single home. TOGETHER with title of said tract to the center Tine of L.R. 88003. EXHIBIT "A"-LEGAL OESCRlPTION (PL Zo08-008.PFO/PL 2d08.OOB/34) Date: Michael S. Bircher 756 Fishing Creek Road New Cumberland, PA 17070 7~~9 2820 X004 2452 1556 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Saecific information about the nature of the default is provided in the attached~a~es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to hel~savevour home. This notice explains how the~ro~ram works. To see if HEMAP cancan helavou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCYmust 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 Counselin~A~encv. The name, address and~hone number of Consumer Credit Counselin~A~encies serving your Coun~are listed at the end of this Notice. If you have anv~uestions you may call the Pennsylvania Housin~Finance A~encv toll free at 1-800-342-2397. (persons with impaired hearingcan call (717) 780-1869)call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA 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. i ' ~. .,... ~~; ~~ ~ ~ F~ ~~ ::~, ~,. ~"` ~` HOMEOWNER'S NAME(S): Michael S. Bircher PROPERTY ADDRESS: 756 Fishing Creek Road, New Cumberland, PA 17070 LOAN ACCT. NO.: 9800531734 ORIGINAL LENDER: Mortgage Electronic Registration Systems, Inc., as nominee for Wilmington Finance, Inc. CURRENT LENDER/SERVICER: Vericrest Financial Inc. LAW FIRM FILE NO 10-037632 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 PROVISION OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOU 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 THIRTY-THREE (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 M_ ORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications have 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 stilt 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: 756 Fishing Creek Road, New Cumberland, PA 17070 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: December 1, 2009 to May 1, 2010 Other charges (explain/itemize): Late Charges: December 16, 2009 Pre-Default Late Charges: Appraisal Fees @ $752.51 to April 16, 2010 @ $37.63 _ $4,515.06 _ $188.15 _ $75.20 _ $90.00 TOTAL AMOUNT PAST DUE: _ $4,868.41 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 $4,868.41, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Vericrest Financial Inc. c/o Shapiro & DeNardo, LLC 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 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 THIlZTY (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 time 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 the Sheriffs Sale as specified in writing by the lender and b~performing_any other requirements under the mort~a~e. 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 3 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: C10 The Law Firm of Shapiro &DeNardo, LLC Address: 3600 Horizon Drive, Suite 150, King of Prussia, PA 19406 Phone number: (610)278-6800 Fax number: (610)278-9980 Contact person: Christopher A. DeNardo, Esquire EFFECT OF SHERIFF'S SALE- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You _ 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. i~ • YOU ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (Fill in a list of all Counseling Agencies listed in Appendix C, FOR THE COUNTY in which the property is located, using additional pages if necessary). 1 1 ~ HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 11/27!2009 2:21:07 PM ~ccs or western ra 2000 l_inglestown Road Harrisburg, PA 17102 888.511.2227 888.511.2227 Community Action Commission of Captiai Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PA Interfaith Community Programs Inc 40 E High Street Gettysburg, PA 17325 717.334.1518 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 „ . VERIFICATION Christopher A. DeNardo hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Verification, and that the statements made in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. SHAPIRO & DENARDO, LLC BY: dam' Christopher A. DeNardo, Esquire Dated:~~ ~ U Attorney for Plaintiff