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`'~ 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) $10-5815 Attorney for Plaintiff File #:14027-0200 The Bank of New York Mellon f/Wa The Bank of New York, as Trustee for the holders of the Certificates, First Horizon Mortgage Pass-Through Certificates Series FH07-FA4, 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. Milton M. Nunez and Lina M. Nunez 4525 Woods Way Mechanicsburg, PA 17055 Defendants. n ~ _ ~. r .~ , ::. ~-; ~=` _ COURT OF COMMON PLEASr° r" r ~;, ~ -,~ `;~ CUMBERLAND COUNTY ~'~ ~` v N F' ~ ~' ,`-- JULY TERM, 2010 .~- ~ - - `~~-' ~_ .~ N, -• _ . : CIVIL ACTION ~ ~ ~=~ MORTGAGE FORECLOSURE ~~, ~~/7 NOTICE C~~vi 1 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 mone~r property or other rights important to you. ~ ~ 9~ ~Q J~~ wu 1~~ sa ~t'~ ~ysur~~ 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 Lowther 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 Mazlton, NJ 08053-0974 (856) 810-5815 Attorney for Plaintiff File #:14027-0200 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 FH07-FA4, 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. Milton M. Nunez and Lina M. Nunez 4525 Woods Way Mechanicsburg, PA 17055 Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY JULY 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 FH07-FA4, 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. Defendants, Milton M. Nunez and Lina M. Nunez (hereinafter referred to as "Defendants") are adult individuals and aze the real owners of the premises hereinafter described. 3. Defendants reside at 13437 Highland Road, Highland, Maryland 20777 with mailing addresses at 13437 Highland Road, Highland, Maryland 20777 and 4525 Woods Way, Mechanicsburg, Pennsylvania 17055. 4. On April 27, 2007, in consideration of a loan in the principal amount of $296,000.00, Defendant, Milton M. Nunez, executed and delivered to First Horizon Home Loan Corporation, a note (the "Note") with an interest rate at 6.500% per annum, payable as to the principal and interest with monthly installments of $1,870.93 commencing on June 1, 2007 and continuing each month until the maturity date of May 1, 2037. A true and correct copy of the Note is attached hereto and made a part hereof as Exhibit "A". 5. To secure the obligations under the Note, Defendants executed and delivered to Mortgage Electronic Registration Systems, Inc., as nominee for First Horizon Home Loan Corporation a mortgage (the "Mortgage") dated April 27, 2007 and recorded on May 10, 2007 in the Recorder of Deeds in and for the County of Cumberland as Instrument No. 200715924, Book 1991, Page 3940. A true and correct copy of the Mortgage is attached hereto and made a part hereof as Exhibit "B". 6. 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 FH07-FA4, 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 is in the process of being recorded in the Cumberland County Recorder of Deeds. 7. The Mortgage secures the following real property (the "Mortgaged Premises"): 4525 Woods Way, Mechanicsburg, Pennsylvania 17055. A legal description of the Mortgaged Premises is attached hereto as Exhibit "C" and made a part hereof. 8. Defendants aze in default of their obligation pursuant to the Note and Mortgage because payments of principal and interest due April 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 chazges, escrow deficit (if any) and costs of collection including title seazch fees and reasonable attorney's fees. 9. The following amounts are due on the Mortgage and Note: Balance of Principal $285,886.68 Accrued but Unpaid Interest from 3/1/2010 - 7/23/2010 6.500% $7,381.95 Accumulated Late Chazges $374.20 Pro Rata PMUMIP $45.00 Title Search Fees $595.00 Reasonable Attorne 's Fees $1,300.00 TOTAL as of July 23, 2010 $295,582.83 Plus, the following amounts accrued after July 23, 2010: Interest at the current Rate of 6.500% per annum ($50.91 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. 10. 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. 11. The notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance program, Act 91 of 1983 has been sent to the Defendants on June 8, 2010, via certified and regulaz mail, in accordance with the requirements of the Act. A true and correct copy of such notice is attached hereto as Exhibit "D" and made a part hereof. WHEREFORE, Plaintiff demands an in rem judgment against the Defendants for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in pazagraph 9, namely, $295,582.83 plus the following amounts accruing after July 23, 2010, to the date of judgment: (a) interest of $50.91 per diem, (b) late chazges 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 Dated: o~ ~ ~ By; Mary Wu, uire Attorney r Plaintiff 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 FH07-FA4, 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.1024(c), and the statements made in the foregoing Complaint in Mortgage Foreclosure 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. e: ary u, Esquire Title: Attorney for Plaintiff EXHIBIT A 0060824497 :, ,i . NOTE April 27th, 2007 , (Daft) l~uYl 4525 WOODS WAY, Mechanicsburg, PA 17055 lI'rvpcrty A+ldnsu] 1. 8ORRO~YER'S PRO11~11SE TO PAY 15ratcl In return for a loalt that 1 have receivrd, I promise to pay U.S. S 2 96 , 000.00 (this amount is called "Principal', lus interest, to the order of the Lender. The E.ender is ~IR3T HORIZON HONG LOAN CORPORATION 1 will make all payments under this Note in the form of cash, check or money order. 1 underswnd that the Lender may transfer this Note. The Lender or anyone who takes this Nate by transfer and who is entitled to receive payt-tents under this Note is called thr "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. [will pay interest at a yearly rate of 6.500 c~ The interest rate required by this Section 2 is the rate ! tivill pay both before and after any default described in Section tS(B) of Lh15 NotC. 3. PAYA~[ENTS (A) Time turd Place of Payments 1 will pay principal and interest by maki a ayment every month. I will make my monthly payment on the~s~ day of each month beginn[ng on June 1st, 2007 I will make these payments every month until 1 have paid all of the princlpa] and interest and any other charges described below that I may owe under this Note. Each monthly payment wilt be applied as of its scheduled due date and will be applied to itterest before Principal. If, on ~Y 1st:, 2037 , 1 still owe amounts under this Note, E will pay those amounts in Ittll on that datr, which is called the "Maturity Date." I wilt make my monthly payments at PO 80X 809 MEMPHIS, TN 38101 or :tt a different place if required by the Note Holder. (B) Amount oY A~lonthly Payments My monthly paynten[ will be in the amount of U.S. S 1, 870.93 . 4. BORROI~'ER'S R1CNT TO PREPAY 1 have the right to m;-ke payments of Principal at any time before they are due. A payment of Priru:ipal only is known as a "Prepayment. " Wtten 1 m:eke a Prepayment, (will tell the Note Holder in writing that l atn doing so. !Wray not designate a payment as a Prepayment if 1 have: not made all t!-e monthly payments due under the: Note. 1 may make a full Prrp:tyment or partial Prepxyntrnts without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce d-e :unount of Principal that [owe under this Note. However, the Note Holder may apply my Prepaymera to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. ]f I make a partial Prepayment, there: will be no ch:utges in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. MULTIBTATE FIXEt) RATE NOTE-Single FamRy Fannle Maa/Freddte Mao UNIFORM IN8TRUMENT Form 32001J01 Wolters Kluwer Financial Servioes (~/1~ ~~ VMP ~•5N to2orl.ot N I Pw. + a s INtMk: ~_ 5. 1;,ialAN CHARGES If a law, which applies to this loan and which sets maximum loan chaises, is finally interpreted so that the interest or other yloan charges collected or to be collected in connection with this loan excced 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) itny swats already collected from I11C which exceeded permitted limits will be refunded to me, The Note Holder Wray choose to make this refurul by reducing the Principal 1 owe under this Note or by making a direct payment to mt. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORR0IVER'S FAILURE TO PAY AS REQUIRED {A) Lnte Charge Yor 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, 1 will pay a late charge to the Note Holder. The amount of the charge will be 5.00 56 of my overdue payment of principal and interest. I will pay this late charge promptly but ordy once on each late payment. (B) Default If I do nut pay the full amount of each monthly payment on the date it is due, I will be itt default. (C) Notice of Default If I am in default, dte Note Holder tray send the a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me Itt pay itnntediately the full amount of Principal which 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 rnaited to me or delivered by other means. (D) No Waiver By Note Holder liven if, at a time when i am in default, dte Note Holder does not require ttte to pity irtunediately in full as described above, the Note Holder will still have the right to du so it' 1 am in det'auli at a later time. (E) Payment of Note Holder's Costs anti Expenses If the Note Holder ltas required me to pay inunediately in full as described above, the Note Holder will have the right to be paid back by the for all of its costs anti expenses in enforcing this Note to fire extent not prohibited by applicable law. Those expenses irtelude, t'or example, reasonable attorneys' fens. 7. GIVING OF NOTICES Unless applicable law requires a different method, illty tutdce that must be given let the 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 Npte Holder a notice of my different address. Any notice that must be given to the Note Harder under this Noce will be given by delivering it or by mailing it by first class mail to the Nola Holder itt the itddress stated in Section 3(A) above or at a different address if !ant given a notice of that dltt'ereIIt address. S. OBLIGATIONS OF PERSONS UNDER THIS NOTE !f more chart one person signs this Note, each person is folly and personally obligated to keep all of the promises tradetn this Note, irx;ludins the promise to pay the full atttount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to da these things. Arty 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 Nute. The Note Holder may enforce its rights under this Note against each parson 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. 9. WAIVERS 1 and any other person who has obligations under this Note waive rite rights of Presenunent and Notice of Dishonor. "Presentment" means the right to require the Note Molder to demand payment of atttounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to ocher parsons that iunounts due have not bean paid. 0060824497 Fam620pt101 VMP •-SN (ozo~~.o, rey. z or a aruw: ~^ 10. G"YIllr'ORM SECURED NOTE , 'This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the 7Yote Holder under this Note, a Mortgage, Deed of Trust, or Se~vrity Deed (the "Security instrument"), dated the same date as this Note, protects the Nose Holder from possible losses which might result if I do »ot keep the promises which 1 make in this Note. That Security lnctrument describes how aad under what condition 1 may be required to make immediate payment in full of all amounts I own under this Note. Some of those conditions are described as follows: If all or any part of the Property or any interest in the Property is said or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transfemd) 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 acceIeradon. 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 xll Burns secured by this Security Instrument. if Borrower fails to pay these sums prior to tiu expiration of this pericxl, Lender may invoke any remedies permitted by this Security lnscrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERS[GNED. 14ILTON M NUNEZ (Seal) (S~) -Borrower -Borrower _ (Seal) -Borrower (Seal) -Borrower _ (Seal) -Borrower (~~ -Borrower . (Seal) -Sorrowcr (~) -Borrower /Sign Origwrl OniyJ 00608a4497 VMP ®•SN (oso~l.ot Paps ~ d s Form 9200 l/01 EXHIBIT B ~~~ ~ ~4~~ RECORD AND RETURN TO CEIlTRl;L PROPERTY SEARCH 8 LAWN AYENU: SUITE 200 ' NORRISTOWq, PA 18403 :ytt ~3t~ Prepared By: FIRST HORIZON HOME LOAN CORPORATION ~ .~_ :;~"', pct". •' ^ _._~'•f i 100p ,~tuy 10 ~;~ IZ 53 6210 pLD DOBBIN LN BLD 3 SUIRE 190 COLUl~IA, MD 22045 ~~« +Q mar~rrrr~ vTrr rv wn~.. - - - ~rrs ~~IPA ~ Parcel Number: County:l~~+ City: 13-jQ•~o~-0~ PrCrnises: 4525 WOODS WAY Mechanicsburg, Pennsylvania 17055 S1H-rn A1H1~~ •I•Lis Lido t~or Ke~co~,nlurg Ihilal 2 Ql ~'` G~.~ 0060624497 DEFINITIONS L~-~- M!N 1000852006082`4978 Words used in multiple sections of this document are defin below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules rcgardiltg tJte usab~e oP words used in this document are also provided in Section ]6. (A) "Sccurlty lnstrumeatt" ntcatu this document, which is dated April 27th, 2007 , together with all Riders to this dot:wnent. (B) "Borrottier" is MILTON M NUNEZ ANl~1 L.1NA jiff, rt1UA,~EZ. borrower is the mortgagor utxler this Security 1lstrwnent. (C) "A•IERS" is A4oltgage Electruttir Registration Systems, lnc. MERS is a separate corporation that is acting solely as a nrnuiltre for Lender a+~ Lender's sut:cesson and assigns. MERS is the mort~eee under this Security lrlstrument. MERS ir• urganizrd and existing under the laws of Drla~.~arc, and hax :tn addrers and telephone nulllbcr of P.O. Box ?026, Flint MI 48501-2026, tel. (888) G79-MERS. PENNSYLVANIA • Single Famiy - Farrnle MadFreddle Mae UNIFORM INSTRUMENT WITH MERS -8A(PAl losoe> Form 3038 1/01 Pipe t of 16 I,ylyl~; ~ , ~~P~~~.o.sa~.l~.{~~~-~, ~ IIIIIIIIIIIII~I~Ii~~IN~I - BK 199 ! PG3940 (D) "Lender" is FIRST HORSZON HOME LOAN CORPORATION Lender is a CORPORATION organized and existing under the laws of THE STATE OF i<ANSAS Lender's address is 4000 Horison pray, Irving, Texas 75063 (E) "Note" means the promissory note signed by liorruwer and dated April 27th, 2007 The Note states that Borrower owes bender TutO HUNDRED NINETY SIX THOUSAND & 00/100 Dol(~ (U.S. S 296, OOD.00 )plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than MAY 1, 2037 . (F) "Property" means the property that is described below under the heading "Tr:tncfer of Righu in the Property. " (G) "Loan" means the clebt evidenced by the Noce, plus interest, a»y prepayment charges and late charges due under the Note, and all sums due under this Security [nstrwnent, plus interest. (H) "Riders" means all Riders «r this Security instrument that are executed by Borrower. The following Riders are to be executed by Borrower check box :er' applicablej: Adjustable Rate Rider Cnndomi-tium Rider ^ Second Home Rider Balloon Rider ~ Planned Unit Development Rider ®1.4 Family Rider Q VA Rider ^ Biweekly Payment Rider ^ Other(s) [specify (q "Applicable Low" n~,-ns all controlling applicable federal, state and laal statutes, rebmlations, ordinances and administrative rules and orders (that have the effect of law) as well as aU applicable final, not--appealable judicial opinions. (J) "Community Association Dtres, Fces, and Assessritents" means ail dues, fees, assessments and other charges that are impc~ced on Borrower or the Properly by a condominium association, home^owncrs association or similar organization. (K) "Electronic Funds Transfer" means any transfer of furdc, other than a transaction originated by check, dram, or sinular paper ittctruu-rnt, which is initiated through an electronic tern»nal, telephoNc instrument, con-puter, or magnetic tape so as to order, instruct, or authorize a fin:-ncial institution to debit or credit an account. Such teen includes, but is --ot li-nitrtl to, point-of--sale transfers, auttmated teller machine transactions, transfers initiated by telephone, wire; transfers, :tnd automated clearinghouse transfers. (L) "Csea•ow Items" means those items chat are described in Section 3. (A1) "Mlscelluneotts Proceeds" means :u-y compensation, settlemetu, awaM of damages, or proceeds paid by any third party (other tl-an incur:trtce prot:erds paid under the ccrve:rages described in Section S) 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 cundentn:uiun: or (iv} misrepresentations oi', or omissions :tc tu, the value andlor condition of the Property. (N) "A4orignge Insurance" means i--.eurance 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) arty amounts under Section 3 of dos Security 1-utnunent. 0060824497 ~~w: ~ N t~-6A(PA) (o6oe- Paoezwie Forrn3038 1101 BK1991PG3941 (P} "1RESPA" means the Real Estate Settlement Procedures Act (l2 U.S.C. Section 2601 et seq.) and its implementing reb~ulatian, 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 Hutt governs cite same subject matter. As used in this Security Inttrttment, "RESPA" refers to a!1 requirements and restrictions that are imposed in regard to a "federallyy related mortgage loan" even if the i.oan does not qualify as a "federally related mortgage loan" under RESPA. {Q) "Successor in 1[Merest of [3orrower" means any party that har• Uken 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 1N THE PROPERTY This Security Inetruntent secures to Lender: (i} tl-r rep;-ymrni of the Loan, and all ra>ewalr•, extensions and mcxiificauons of the Notr; and (ii) the prrfonnatx;e of Borrower'. covetu-t-ts and agreements under this Security Instrument and the Nnte. for this purpuse. Born>wrr does hereby mortgage, lr~tttt attd convey to MERS (solely as nominee for Lrixler and Lender's successors and assigns) a-xi to the successors and assigns of MERS, the following described property Icx:atrd in tltr County lTyn~ ortteeord'u~ Iurisdictionl esf Cumbe=land l\aure of RecnrJine Jurixtictioul: HEINC THE SAME PROPERTY WHICH BY DEED OP EVffiN DATE HEREWITH AND RECORDED OR IN INTENDED TO HE RECORDED AMONG THE LAND RECORDS OF CUb>BERLAND COUNTY IN3IEDIATELY PRIOR HERETO WHIGH WAS GRANTED AND CONV$YED SY RCPtcP LLC UNTO TH$ SAID BORROWER(S) , MILTON NtJNEZ IN FEE SIMPER. which currently has the address of 4525 WOODS WAY IS-s~i Mechanicsburg (City), PCnnsylvi-nia 17055 (ZipCodel ("Property Address"): TOGETHER WITH all the in-provrments now or hereafter erected on the property, and all easemetus, appurtenattces, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security tnstrunlrnt. AI! of the fore~oinb~ is referred to in this Security hutrutnent as the "Property." Borrower understands at-d agreee that M ~RS holds only legal title to the interests granted by Borrower in this Srcurity lnstrumrnt. but, if necessary to comply with law or custom, ,tilERS (xs nominee for Lender and Lender's succrswrs a-xl assigns) has the right. u1 rxercist; any or all of those interests, including, but not limited to, the right to lilrrclnse and sell the Property; and to take any action required of Lender iru:luding, but not limited to, retracing and canceling this Security btstrument. 0060824497 ®-8A(PAl rorael Paq~3ot ~6 Form 31130 1101 6K ~ 99 I I'G3942 BORROWER COVENANTS that Borrrnver is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant atxl convey the Property and that the Property is unencumbered, except for encumbrat-ces of record. Borrower warrants and wilt defend grnertliy the title to file Property against all claims and demands, subject w any encwnbrancrs of rtxurd. TH1S SECURITY INSTRUMENT conlbinrs unifoml covenants For natiotlal use and nun-uniform covenants with limited variations by jurisdiction to cotutitute a uniform security itntrwnent covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree av follows: 1. Payment of Principal, interest, Escrow Items, Prepa~•ment Charges, and Late Charges. Borrower shall pay when due fife principal of, and interest on, the debt evidenced by the Note artd any prepayment charges and late charges due under the Note. Borrower shall alw pay funds for Escrow Items pursuant to Section 3. Payment. due under file Note and this Security lnstrutnent shall be made in U.S. currency. However, if any check or other inetrwnent received by Lender as payment under the Note or this Security Instnullenn is returned to Lender unpaid, Lender may require that any or all subsequent payments due udder the Note and tins Security )nsttwnrnt be made in one or mare 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, itls[rwnentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the locatinn designated in the Note or at such other locatiotl as may be designated by Lender in accordance with the tlotice provisions in Section 15. Lrndrr nwy return any payment ur partial payment if the payment or partial payments are inufficient to bring the Lunn current. Lender ntxy act:ept .-ny payment nr partial payment incufticient to bring the Loan current, without waiver of any rights herCUnder ar prejudice [o it. rights to refuse such payment or partial payments in the future, but Lender is rust obligated w apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of ite scheduled due date, then Lender nerd not pay interest on unapplied funds. Lrndrr may hold such unapplied funds until Borrower nlake,~ payment to bring the Loan current. if Borrower does nut do so within a rraconable period of tune, Lender shall either apply such funds or return theta to Borrower. If not applied earlier,such funds will be applied to the outstanding principal balance under the Note itnnlediately prior to foreclosure, No offset ur claim which Bormwer might have now or in the future against Lender xltall relieve Borrower from making payment, due u-lder the Note and dlis Security Instrument or perfornting the coverlults ;old agreements secured by this Security Instrument. 2. Appllc~uion 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 udder the Note; (b) principal due under the Nnte; (c) atnounte due ulxler Section 3. Such payments shall be applied to each Periodic Paylttent in the order itt which i[ becwne due. Any retllaining ;unounts shall be applied first to ]ate charges, second to any other amounts due under this Security hlstrtrment, and then to reduce the principal balanx:e of the Note. !f Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay Duly Tate cl>:lrge due, the payment may be applied to the delinquent payment and the late charge. If morn than one Periodic Payment is c~utetanding, Lender tray apply any payment received from Qorrower to the repayment of the Periodic Payments iF, and to the rx[ent dial, each payment can be paid in BA(PA) taaoat Irvti~k: ~ f ~ Pnya 4 0l t8 Form 3039 1101 BK199lPG3943 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 Wray be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Nntc. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due d:ue, ur change the amount, of the Periodic Payments. 3. F~,tnds Yor f~scrow Items. Burrower shall pay to Lender on the day 1'ericxlic Payments are due under the Note, until ate Note is paid in full, :~ sunt (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instnunent as a lien or encttntbrdnce nn the Property; (b) leasehold payments or ground rents on the Properly, if any; (c) premiums for any and all insurance required by Lender u:tder Section 5; and (d) Mortgage Insurance pret»ituns, if any, or any sums payable by Borrower to Lender in lieu of the payment of Monuage insurance premiums in accordance with the provisinns 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 Connnunity Association Durs, Fees, and Assessments. if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall pmntptly furnish to Lender all notices of antountc ttt be paid under this Section. Borrower shall pay Lender the Funds for Escrow Itrnts unless Lender waives &-rrou~er's obligation to pay the Funds for any or all Facrow Item.. Lender Wray waivC Borrower's obligation to pay to !.ender Furxls For any or all Escrow Items :u any time. Any sue:h wah~er Wray only be in writing. In the event of such waiver, Borrower shalE pay directly, when and where payable, the amounts due for any Escrow Items fur which payment of Fwtds has been waived by Lender and, it' Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Leader may require. Borrower's obligation to make such payments and to provide receipts shall for all put;xtses be deemed to be a covenant and agreement contained in this Security lnctrument, as tits phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, attd Borrower fails to pay the amount due for an Escrow Item, Leader Wray exrrt:ise its rights under Seuion 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 arty ttr all Escrow Items at any time by a notice given in acatrd:uxe with Section 15 and, upon such revcx:ation, Borrower shall pap to Lender all Funds, and in such :unnunts, that are then required under this Section 3.. Lender may, at any time, collect and hold Ponds in an amount {:t} sufficient to permit Lender to apply the Funds at dtr time specified utxlrr RESPA. and (b) not to exceed the maximum :tmuunt a lender can require under RESPA. Lender shall rstintate the amount of Funds due on the basis of current data and reawcuble estimates of expenditures of future Escrow lten>,e ar otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are incurrd by a Yederal agency, instnunentality, or entity (including Lender, it' Lender is an institution whose deposits are so imured) or in any Federal Home Loan Bank. Lender slrtll apply the Futxls to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower ti-r holdinb and applying the Funds, annually analyzing the escrow account, or verifying the Escrow !tents, utiless Lender pay` Burrower interest on the Funds and Applicable Law perntits Lender to make such :: charge. Unless an agreement is tn:tde in writing or Applicable Law requires interest to be paid on dtr Funds, Lender shall not be required to pay Borrower any interest or earnings on ate Funds. &~rrower and Lertdrr ~:an agree in writing, however, drat interest shall be paid on the -8A{PA) ~- ~m-.~.: ~K ~N rays a of i a Form 3039 1/D1 BK ! 99 ! PG3944 Fulxls. Lender shall give to Borrower, without charge, an almual 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 accordalue with RESPA. !f there is a shortage of Funds held in escrow, as defined raider RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount t~cessary to make up the shortage in accordance with RESPA, but in no [Wore than 12 monthly payments. If titere is a deftciency of Funds held in escrow, ac defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender tl)e amount necessary to make up the deficiency in accordance with RESPA, but in tx) more than l2 monthly payments. Upon payment in full of all sums secured by this Security Instntment, Lender shall promptly rotund to Borrower any Funtls held by Lender. 4. CFutrges; Uens. Borrower shall p;ly all taxes, assessments, charges, tines, and impositions ;lttributabie to the Property which c:ln attain priority aver this Security Instrument, leasehold payments or ground rents on the Property, if any, and Conununity Assaiation Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Itrnls, Borrower sl>all Tray them in thr man)ler provided in Section 3. Borrower shall promptly discharge airy lien which has priority over this Security Gtstrumrnt unless Borrower: (a) agrees in writing to the paytnent of the oblig;ltion secured by t1)e lien in a n)arlner acceptable to Lender, but only so long as Borrower is perfartning such agrren)rnt; (b) contests the lien in good faith by, or dC1C1)dS agi)Inst CnFOrcell]Cr1I Of [he lien In, legal proceedings Which in Lender's c-pinion opCrate to prevent the rntnn;e:ment of die lien while those pmcerdings are pending, but only until such prlx:eedings are cancludrd; ar (c) src;ures front the balder of tl)r lien an agrrentent s;ltisf:lctury t<) Lender subordinating the lien to this Security Insttvolent. !f Lender determines that any part of the Property is subject to a lien which can attain priority over this Security 6tstrument, Lender nl)ly give liC)rrower a notice identifying the lien, Within 10 days of the date on which that notice is given, Bnrmwer shall satisfy the lien ar take one or mare of the actions set forth above in this Section 4. Lender may require 8orrowrr u) pay none-tint[ charge for a real estate tax verification and/or reporting service used by Lerxler in connection with this Loan. 5. Property )nsurance. Borrower shall keep the improvements now existing or hereafter erected on the Property ittcured against loss by fire, hazards included within the tent) "extended coverage," and any other hazards ilxauding, but not limited tu, eartilquakes and Acx)ds, fur which Lender requires ilsurance. This insurance shall be maintained in the. amounts (including tleductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can cl><tnge during the term of the Loan, The irtcuralue carrier providing the: insurance; shall be chosru by Borrower subjeta to Lender's right to dis:lpprove Borrower's choice, which righ[ shall not br exercised unreasonably. Lrndrr nlay require Borrower to pay, in connection with this Loan, either: (a) a one-time charge tier flood ume drtcmtination, cenitication and n•acltillg srrvicec; or (b) a onetime charge for fiotrci zone drtrnnination and certification services and subsequent charges each tine renlappings or similar changes occur which reasoll:lbly might affect such deterlninxtiun or certitic)uil-n. Borrower shall also be responsible for the payment of any fees inlpnscd by d>e Fcdrral Elncrgcncy i\lanagClllClll AgC11Cy Itl CUlll)CCl1Ult with the review of any flood ZUnC detenniluttion resulting from an objeuiun by Borrower. wa•]s: ~, •6A(PA) (oboe) Pa9sea118 Form 7099 1/Ot ~{ 199 t PG3945 If Borrower fails [o mainutin any of the covemtges described above. Lender may obtain insurance coverage, at Lender's option aad Borrower's e.~cpence. 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 Cite Property, or the contents of the Property, against any risk, hazard or ]lability and might provide greater ur lesser Coverage than was previously in effect. Bot7ower acknowledges that the cost of the insurance coverage so obtained might signitic;xntly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section S shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at die Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insur;trice 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 Lander as ,uortgagee andlor as an additional loss payee. Leader shall have the right to hold ate policies and renewal certificates. if Lender requires, ~arrowerrhall promptly give w Lender all receipts of paid premituns and renewal rx,tices. If Borrower obtains ;toy faro] of insurarx:e coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage Clause and shall triune Lender as mortgagee anchor as an additional loss payee. In the event of loss, Borrower shall give prompt notice tc, ate insurance carrier and Lender. Lender may make proof of lows if not made promptly by Borrower. Unlewr• Lender and Born,wer 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 Properly, if Cite rextor;ttion c,r repair is economically feasible and Lender's security is not lessened. During such relrair and maturation period, Lender shall have the right to hold such iruurance proceeds until Lerxler has had an opportunity to irtcpect such Properly to ensure the work hits been completed to Lender's satisfaction, providtxl that such inspection shall bt: undertaken prcunptly. Lender may disburse proceeds ti,r the repairs and restoration in a single payment or iu a series of progress payments as lice work is cotupletcd. Unless an agreement is made in writing or Applicable L;tw requires interest to be paid on such insur;ux:e proxeeds, Lender shall not be required to pay ec,rrower any interest or earnings on such proceeds. Fees far public adjusters, or other third parties, retained by Harrower shat] not be p,uc! out of the insurance proceeds anti shall be the sole obligation of Borrower. If the restoration or repair is not cconomical{y feasible or lxnder's security ~~~ould be lessened, the insurance proceeds shall be applied to the sums secured by this Security lnsttua~ent, whether or not then due, with the excess, if any, paid to Harrower. Such insurance proceeds shall be applied in the order provided for in Secaian 2. If Borrower abandons the Property. Lender may file, negotiate and settle any av;tilable insurance claim and rel~~ted matters. If Borrower does nut respond within 30 days to a notice from Lender that the insurar~e Carrier has offered w settle a claim, then Lender may negotiate and settle the claun, The 30-day period will begin when the notice is given. In either event, ar if Lender acquires the Property under Section 22 or othdnvise, Borrower hereby assi,bms to Leruter (a) Borrower's rights to any irrurance proceeds in an amount not to exceed the amounts unpaid under the Note; or this Security ]nstrument, and (b) any other of Borrower's rig!-ts (other than the right to any refund of unearned premiums paid by BnrrowCr) under all insurance policies Covering the Property, insofar as such rights are appticabte t<, the coverage of the Property. Lender may use die irLCUr~tnce proceeds eitlnr a- repair or restore the Property or to pay amounts unpaid under the i,ote or this SCCUrity Instrumenr, whr:drrr or not then due. inMSk t~•tiA(PAl ~osoet Pops ~ or re Form 3038 t/01 6K ! 99 ! PG3946 6.Occuptutcy. Borrower ,hall occupy, establish, and use the Properly as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to octcupy the Property as Borrower's principal residencx fur at Irast one year after the date of occupancy, unless !.ender otherwise agretc in writing, which consent shall not be unreasonably withheld, or unless rxtrnuating eirtturnsutnces exist +vhich arc beyond Borrower's contrt-!. 7. Presen•ation, 11•Ittlntenttnce and Protection of the Property; Inspections. Borrower shall not destroy, damage ur impair the Pmpcny, allow dtc Property u- deteriorate or commit waste on the Property. Whedter or »Rx Borrower is rrsidin@ in die Property, Borrrnver shall maintain the Property in order to prevent die Pmpeny Prom deteriorating or decreasing in value due to iu cotrdition. Unless it is determined pursuant to Srctian S that repair or restoration is not ettnnc-mically feasible, Borro+ver shall promptly repair the Property if damaged to avoid further deterioration or d:u-ucge. if insuranctt nr condemnation proceeds are paid in crnntection with damage to, or the taking of, die Properly, Borrower shall be responsible for repairing or restoring the Property only if Le-xier has released prcxteeds for such purposes. Lender Wray disburse proceeds fi-r the repairs and restor:uiun In a single payment or in a series of progress payments as the work is unnplcted. If the insuratxte ur condemtutian proceeds are not sufficient to repair or restart the Properly, Borrower is nut relieved of Borrower's obligation fur the completion of such repair or restoration. Linder or its agent may make reasonable ecuries upon and iruprctions of the Property. if it has rrasottable cause, Lender may ituprct the interior of the improvetnenu on the Properly. Lender shall give Borrower notice at die time of or prim to such an interior inspection spettifying such reasonable cause. A. Borrower's Lo:ui Appliealion. Borrower shall be in default if, during the l.erm application process, Borrower or tuty persons or cutities cutting at the direction of Borrower ur with Sorn-wer's knowledi,~e or consau gave materially false, mislcadinb, or inaccurate information or statements to Letxier (or failed to provide Le-xler with material infonttation) in ccuu+ection with the Loan. Material representations include, but are riot limited w, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection o1' Lender's Interest in the Property and RigF-ts Under this Security Instrutrtent. [f (a) Borrower tails to perfotrn die a>vetuuus and agreetnentc contained in this Severity hutrument, (b) there is :- legal preceding that might signilicantly affect Lender's interest in the Property and/or rights under this Security Instrument (such ax a proceeding in bankruptcy, prob:ur, for condemrtsuiun or forfeiture, for enfarcetnent of a lien which may atutin priority over this Security Instrument or to enfort:e laws or regulations), or (c) Borrower has abandoned der Properly, then Lender may do and pay for whatever is reasonable or appropriate to pnnrct Lerxler's interest in the Properly anti rights under this Security 1-tetrvntent, including protecting ant!/or assessing the value of der Property, and securing and/or repairing the Properly. Lender's actions can include, but are ncx limited to: (a) paying any sums secured by a lien which h:c,~ priority over this Security Instru~nenr (b) appearing in court; and ~c) paying reasonable attorneys' fees to pruteta itc interest in the Prc,prrty atxl/or rights wxler this Security h~strutnent, including its secured position in a bankruptcy proceeding. Securing the Prnperty includes, but is nix limited to, entering the Property to tn:tke repairs, change locks, replace or board up doors and windows, drain water from pip~c, eliminate building or other code violatic-ns or dangers-uc cr>nditions, and have utilities turned on or off. Although Lender may utke action under this Srtttinn 9, Lender dues not h:-vr to do so and is not under any duty or obligation to do so. ]t is agreed dial Lender incurs no liability for not taking any or all actions authorized under this Section 9, ~,~~.: N -BA(PA) taaoe- r.3• e a is Form 3039 1/01 BK 1991 PG3947 Any :uuounts disbursed by Lender under this Section 9 shall became additional debt of Borrower secured by this Security ltutrument. These amounts skt;d# bear intents[ at the Note rate from the date of disbursement and shall be pa~hble, with such interest, upon notice from Lender u, Borrower requesting payment. if this Security Insttvtrtent is on a leasehold, &,rrower shall comply with all the provisions of the lease. if Borrower acquires fee title a, the Properly, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. ltlortguge Insurtttue. If i.t:nder required Mortgage Insurance as a condition of ttrrking the Loan. Borrower shall pay the premiwna required to maintain dte Mortgage Insurance in effect. lf, for any reason, the Morrgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such ineuranc:r. and Borrower was required to make separately designated payments toward the premiums for Mortgage insurance, Borrower shall pay the prentiwns required to obtain coverage subst;rntially equivalent to the Mortgage Insurance previously in tttrct, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insun!txe previously in effee:t, from au alternate morrgage insurer stltctrd by Lrnder. if su~tatuially equivalent Mortgage Ntrurant:t covtragr is !wt available, 8orrowtr shall continue to pay to Lrnder the anwunt of the stp;rrattly designated p:,yntrnu that weer due wlttn the insurance covtrrgt craned to bt in effcc;t. Lttxirr will accept, use and retain d}ese payments as anon-refundable loss rtstrvt in lieu of Aortgage h>suratx:e. Such loss rrsen'e shall br oat-refundable, notwithstanding the fact that [he Loan is ultimately paid in full, and Lender shall tall be required u} pay Borrower any interest or earnings nn such loss rrstne. Lrnder can no longer require h,ss reserve payrttCnts if Mortgage Inuurance coverage (in the ;u,rount and fc-r the period that Lrnder rrgtrirts) provided by an insurer selected by Leader again becomes available, is obtained, and Lender requires srp:rr,rtely designated payments tow;rrd the prrutiunrs for Mortgage u>,.ur,rnct. If Lettdrr required Mortgage (nsur!nce as s co:xlition nt' ,Waking the Lc,an and Borrower was required to make separately designated payments toward the prrmiu!ns ti,r Morrgage Insurance. Borrower slt;rll pay the premiums required to maintain lt~lorrgage Insurance in effect, or to provide anon-refundable loss reserve. until Lender's requirement for Mongage lnsunurce ends in ;rccordance with any wriurn agreement betwrtn Bocrowtc and Lrnder providing i'or such ttnnin;rtiun or until tem}ination is required by Applicable Law. Nothing in this Section f0 afl'tcts Borrower's obligation to pay interest at the tart provided in the Note. Mortgage Insurance rtintbursts Lender (or any entity that purchases the Note) for cerl:rin losses it may incur if Borruwtr does nr,t repay the Loan aS agreed. Borrower is oat a party to the Morrgage Insurance. Mortgage insurers evaluate their total risk on al] .ruck itnuratx;r in force from time to tune, and tray Inter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are ssrtisfactory to dtc tnortgaee insurtr and the outer party (or parries) to these agreements. These agree:rents may require the mongage inettrer to make pa}nnents using any source of fonds 41tat dlt RlOrlgagC lntiUrrr 11}ay i}aVC a~'aililblC (a'hid} Wray include funds obtained from Mortgage lnsurdtx:e prttt,iunts). As a resuh of these agre•enrtnts. Lender, any purchaser of the Nute, another insurtr, any reittsurer, any other entity, or auy affiliate of any c,f the forrgoinb, may receive (dirrcaly or indirectly) unuuntc that derive fratn (or might bt charM:trrizrd as) a ponion c,f Be,rrnwer's payments t'or i•7ortgage insuraiur, in exchange for slurring or modifying the nwrrg;rge ineurrr'a risk. or reducing losses. !f such agreement provides that an affiliate of Lrnder takes a chart of the iruurrr's risk in exchange for a shnrr of the premiums paid to the insurer, the arrangrmtn[ is often termed "captive reinsurance." Further: (a) Any such ag~•erments +~•itl not ul'fect the amounts that lion•o«•er has agreed to pay for Aiortµtge Insurance, or nny other terms of thc! L~o:u}. Such agrrcrnents will not inea•etrse the amount Borrower rviU oa~e for l1•lortg:rbe Insurance, :uul they will not entitle Borrower to aay refund. ®-6A~PA) paos~ P.o•oo, ~e Form 3039 tiD1 BK 199 I PG3948 (b) Any such agreements will not ;effect the rights Borrower hits • IP any -with respect to the 11•lortgege Insurance under the Homemvners Protection Act oY 1998 ar tiny other law. These rights may include the right to receive certain disclosures, to request :end oWain cancellation of the p•Iortgiltge Insurance, to ha+•e the !1.lortgttge insurance terminated twtomtttically, and/or to receive a refund of any Alortgage Insurance premiums drat were unearned ut the time of such cancellation or termination. ] 1. Assigatment oP 117iscellaneous Proceeds; Fort'eiture. All Miscellaneous Proceeds arc hereby acxigtted to and shall be paid to Lender. If the Properly is damaged, such Miscellaneous Prtx:erds shall be applied to restoration or repair of the Property, if dte restoration or rep;tir is economically frarible attd Leader's security is not lessened. During such repair rued restoration period, Lender shall have the right to hand such Miscellaneous Proceeds until Lender has had an opportunity to ittspeu such Property to ensure tltr work has been completed to Lender's satisfauion, provided that such ittspruiant shall be utedenaken promptly. Lender may pay for the repairs and restoration in a single ciisbursetttettt t-r in a series of progress payments as the work is completed. Unless an agreement is neade in writing or Applicable Law requires interest to be paid on such Miscellaneous Praet:ds, Lender shall not be required to pay Borrower any interest or earnings on such hliscellarteous Proceeds. If the restoration or repair is rxtt ecrnxtmically feasible or Lender's ~curity would be lessened, the Miscellaneous Proceeds shall be applied to dtc sums secured by this Security Instrument, whether or trot then due, with the excess, if any, paid to Bormwer. Such 111iscellatteous Proceeds shall be applied in the order provided for in Section 2. In the event of a total utking, destruuion, ur lass in value of the Property, the A9isce[Ittneous Proceeds shall be applied to dte runts secured by this Security Instrument, whether or not then due, wilt the excess, if any, paid tat Borrower. [n the event of a partial taking, destruction, or loss in valor of the Property in which dte fair market value of the Property immediately befrne the partial taking, destructirnt, or loss in value is equal to ur greater drtn the amount of der runts securral by this Security Instrument intneediately before the partial taking, drs[tvction, or loss in value, unlrsr• Borrower and Lender ttherwise agree in writing, the sums secured by this Src;urity lnsttument shall be reduced by the atncwnt of the Mise;rllarteous Proceeds multiplied by the following fraction: (a) dte total ;mu-unt of dte sums stx:ured immediately before the partial taking, destruction, or ions in valor divided by (b) the fair market value or' the Property itnntrdiately befitre rite partial taking, destruction, or loss in valor, Any balance shall ba: pitid to Born-++•rr. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Properly immediately before the partial utking, destruction, or loss in value is Irss than the amount of the sums set;ured iuuncdiately beti-re the partial taking. destruction, or loss in value, unless Barmwer and I_endrr otherwise agree in writing, dte Mircrllaneaus Proceeds shall lee applied to the sums secured by tltis Security Instrument a•Itether or rx~t the Bunts arc darn due. If the Pmprrty is ab;utdoned by Borrower, or if, after notice by Lender to Borrower th;tt der Opposing Party (as defined in der next sentence) offers to make an award to Bettie a claim for damages, Borrower fails to respond to Leader within 30 days after the date dee tmticc is given, Lender is authorized to collect and apply the Miscellaneous Praxxeds Tither to restoration or repair of the Property ar to the sums secured by this Security Instrument, whedter ar not deco due. "Oppavit:g Party" means the dried party that owes Borrower Miscellaneous Proceeds or the party agaittct whom Bomtwer h:ts a right of action in regard to Miscellaneous Proceedsr•. Burrower shall be in default if any action or prcx:eeding, whether civil or criminal, is begun that, in Lender's judgment, could result in ti-rfeiturr of the Property or other material impainnrnt of Lender's interest in the Property or right,. under this Security Instrument. Borrower can cure such a default and, if acceleration hxs occurred, reinstate as provided in Section 19, by causing the action or pmceeding to be dismissed with a ruling drat, in Lender's judgtnrnt, prrt:}udes forfeiture of tits Property ur other material intpainttent of IniU.k: ~•6A1PA) rosoe- P,ga raof,e Form 3039 1/01 B~ 199 I PG3949 Lender's interest in the Property nr rights wxier this Security htstrument. The proceeds of any award or claim for damages that are attribu4tble to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceetls that ++re not applied tcy restoration ar repair of the Property shall be applied in the order provided for in Section ?. 12. Borro~~er Wot Released; forbearance By Lender hot a Wai~•er. Extension of the time for pa}'ntent or tnodificatian of atnnrtizuion 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 Stttxessors in Interest of Borrower. Lender shat) not br requirccl to commence proceedings against any Successor in Interest of Borrower or to refuse to Cxtend tine ti-r payment or otherwise modify tunortizadon of the sums secured by this Security Insttwrnnt by reason af' arty dem:uui made by dte origi+tal Borrower or any Successors itt Interest of Borrn~ver. Am• forbearance by Lender in exercising any right or remedy including, without IhniLUlun, Letxler's acceptant:e of payments ftrnn third persons, entities or Successors In lntcrest of Borrower ar in amounts Irss than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joirn and Se~•ernl Llttbiliq'; Cosigners; Successors turd Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shsdl be joint and. several. However, any Borrower who co-signs this Security Instrument but does not execute the Nate (a "co•sigtter"): (a) is co-signing this Security lnstrument only to mortgage, gran[ and ccmvey the co-signer's intermit in dte Prc-perty under the teens of this Security Inctrttrtlettt: (b) is not pCrsot>+tlly obligated to pay the sums secured by this Security inrtrumenr, and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any acu)mmod:uions with reg:u'd to the teens of this Security ]nslru+nent or the Note without the cn-silmer's consent. Sub}ec[ to the pravisiUns of Section 18, atn• Successor in ]nterert of Borrower who aseuntes Borrower's obligationu under this Secut7ty Instnuttent in K'riting. and is approved by Lender, shall obtain ail of Borrower's rights and benetlts under this Security lnstruntent. Borruwrr shall txrr be released from Borrower's obligations and liability under this Security htstruntent unless Lender agrees to such release in writing. The covenants and agre+erttents of this Security hrtrument shall bind (except ai provided in Section 20) and benefit the successors atxl assigns of Ixrtder. 14. Lo:tn Charges. LCtxler may charge BarroWCr fees for services perfornted in connection with Borrower's default, far the pur}x)sr of protecting [.finder's interest in dtc Property and rights under this Security instrument, itx:ludfitg, but not limited to, :Ittorncys' fCCS, prnperty inxpecticrn and valuation fees. In regard to any other fees, d,e absence of express authority in this Security Instrument to charge a specific fee to Borrower shall oat be construCd ar• a prc,hibition on the charging of such fee. Lender may oat charge fees that afC CxprCSS1}' prohibited by dtis Srt:urity InstrUntent or by Applicable Law. if the Lawn is subject [o a law which sets maximum loan charges, and that law is finally interpreted so that die interest or txlter Icrui charges ccrllcctrd or to ht: cullrcted in cotutecdun with the Loan exceed the prrntitted limits, dtcn: (:t) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit, and (b) any sums already collcc[ed t'nnn Burrower which exceeded permitted limits will bC refunded to Bamnver. LCnder may choose to make this refund by reducing the prlrxapal owed under the i`ote or by making a direu payment to Borrower. If a refund reduces principal, the reduction will be treated as a parti;d preps}intent without any prepayment charge {whether or oat a prepayment charge is pro~•ided for under dte Nate). Borrower's acceptance of any such refund Made by direct payment u, Borrower wit! constitute a waiti•er of any right of action Borrower rnighl have arising out of such ovCrohargC. IrWSr1 r!V t~•fA(PA) tosoer Ppe s+ a ,a Form ~0~8 1/01 ~I(I 99 ! PG3954 15. Notices. Alt notices given by Borrower or Lender in conrtectian with dtis Security lnetnuncnt must bC In Writing. Any nottt.'C fU Borroaet• in connection with this Security Instrument shall be deemed to have born given to Harrower when mailed by first clasr• mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall concdtute native to all 8atrowers unless Applicable Law expressly requires otltrrwise. The notice address shall be the Property Address unless Borrower has designated a substitute native address by Warier to L(:nder. Harrower shall promptly notify Leader of Borrower's change of address. if Lender specifies a procedure far reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There Wray be only atte designated notice address under this Security Instrument at any one time, Any notice u) Lender shall be given by delivering it or by mailing it by first class mail m Lender's address stated herein unless Lender Itas designated another address by notice to Borrower. Any notice in rnttnection with this Security Inctrtmtent shall not be deemed to have been given to Lender until actually received by Leader. [f any Holier required by this Security lnetrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Imtruntent. l6. Co~•erning La~v; Severability; Rules of Construction. This Security Ins[rotnent shall be governed by federal law and the la~v of the jurisdiction in which the Property is I(x;ated. All rights attd obligations cantaitted in [Iris Security Insuvntent .ve subject to arty requirements and limitations of Applicable Law. Applicable Law might explicitly or impUcitly allow the parties to agree by amtract ar it might be silent, but such silence shall not be cons?rued as a prohibition againxt agreement by Contract. In the event that any provision or cL•iuse of this Security In~trutnent nr the Nutt catttlicts ~~•itlt Applicable Law, such conflict shall not affe(:t other provisions of this Security lnstnmtent ar the Note which pan br given effect without the conflicting provision. As used in this SCCUCIh' lnstnunent: (:Q H•ords of the masrulinC gender shall mean and include cctrrrsputtding neuter wards or words nC the feminhtr grader; (b) wards in the singular shall mean and include the plural and vice versa; and (c) the ~~•ord "utay" gives sole discretioct without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security htetrument. l8. Trm>sfer of the Property or a 13enel'icial Interest in Horrower. As used in this Section 18, "Interest in tt>C Pn-peny" means any legal or beneficial interest in the Property, including, but not limited to, thc-xc brneticial interests tramferred in a bond for deed, contract for deed, instalbnern sales contract or escrow agreemetu, the intent of which is the trtnfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in Utc Property is sold or transferred (or if' Borrower is Hat a natural person and a betteticial interest in Borrower is sold or transferred) without Lender's prior written con,.•ent, Lender may require itttmrdiate payturnt in thll at all sums secured by this Setxirity Enatuntent. However, this option shall Hat be exercised by Letxler if such exercise is prohibited by Applicable LaW. [f Lender exercises this option, Letxier shaii ~eive Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date tltr notice is given in accordance wilt Section 15 within which Horroa~er must pay ail sums secured by this Security htstrument. if Borrower fails w pay these sums prior to ate expiration of this peri(xl, Lender miry invoke any remedies pemtitted by this Security Instrument without further notice or demand un Borrower. 19. Borrower's Right to Reittctatc After Aceelcr:tllon. if Borrower meets certain conditions, Borrower shall have the right to have entitr(:emrnt of dtis Security Instrument discontinued at any time prior to the earliest ot': (a) tier days before sale of tltr Prnl>Crty pursuant u) any power n1' sale contained in this Security Instrument; (b) such other period as Applicable Law might specify file the terntintttion of Borrower's right to reinstate; ar (c) retry of a judgment enforcing [Iris Security htstruntent. Those conditiutts are that Burrower, (a) pays Lender all sums which the~t would be due under this Security Irtsuvutettt attd the Notr as if iw acceleration had occurred; (b) corr. any det;wlt ut any other covenants or agreements; (c) pays all irylrs: /~/ t~•6A(PA) roeoe~ Pa~O 1201 f8 Forte X039 1~1 6K ! 99 I PG395 ! 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrwnent must be in writing. Any notice u~ Born>wer 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 w Borrower's notice address if sent by other rneanc. 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. tf 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 oNy one designated notice address under this Security tnstnunent ac any one tirue. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein uNess 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 required by this Security tnstrumern is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Tnstrument. 1ti. Governing 1Lt1tiv; Severabfliq; Rules of Construction. This Security instrument shall be governed by federal law and the law of the jurisdiction in which rite Property is located. All rights and obligations contained in this Security 1»,~trutnent 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 prohibitiuu against agreement by contract. In the event that any provision or clause of this Security Instrument or the No[e cuntlictc with Applicable Law, such conflict shall nut affect other provisions of this Security Instrument or the Noe which can be given effec[ without the conflicting provision. As used in this Securiq~ Gtstnnnent: (a) words of the masculine gender shah mean and include corresponding neuter words ur woM.c of the feminine gender;. (b) wards 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 nr :t Beneficial interest in Borrower. As used in this Section 18, "Interest in the Property" meant any legal or beneficial interest in the Propeny, including, but not limited to, those berafcial interests transferred in a bond fur deed, contract for deed, installment sales contract or escrow agreement, the intern of which is the transfer of title by Borrower at a future date to a purchaser, If all or any part of the Property ar any interest i~t the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) withou[ Lender's prior written consent, Lender may require itnntediate payment in full of all sums secured by this Security Itutrumern. However, this option shall not be exrrcised by Lender if such exercise is prohibited by Applicable Law. Ef 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 IS 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 retnedier• pemtitted by this Security Urstrument without Por~ttter notice or demand on borrower. 19. Borro~~^er's Rfght to Relrutate After Acceleratio». if Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instnunent 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 sl~cify for the tennlnation of Borrower's right to reinstate; or (c) entry of x judgment cntim;ing this Security Instrument. Thnse conditions are that Borrower. (a) pays Lender all sums ~~fiiclt then would be due under this Security Instrument and the Note as if no acceleration had occurrrd; (b) cures any dertult of any other covenants or agreements; (c) pays all IMhls: /V ~•BMPA- towel Pnge t2 d 16 Form 3039 1/tlt 6~199fPG3952. expenses int:urred in enfortyng this Security Instrumen[, itx:luding, but not limited to, reasonable atwrtteys' Pecs, property inspection and valuation fees, and other fees itx:urrrd far the purpose of protecting Lerxler's interest in the Property and rights under this Security Gutruntent; a»d (d) takC,r• such action as !.ender may re;tsonably require to trssure that Lender's interest in the Property and rights wider this Security lnstrtunent, and Barrower's obligation to pay the sums secured by this Security lrtstruutent, 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 bender: (a) cash; (b) ntttttey ruder; (c) certified check, bank check, treasurer's check or cashier's check, provided any such cltec;k is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; ur (d) Electronic Funds Transfer. Upon reinstatement by Borntwer, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right [o reinstate shall na apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Ser~~icer; Notice of Crle~•unce. The Note or a partial interest in the Note (together with this Security [nstrumeru) can br sotd one or more times without prior notice to Borrower. A sale might result in a change im the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Itutrument and performs other mortgage loan servicing obligations under the Notts, this Security Instrument, and Applicable Law. There also might be one or more changes of dtc Loan Servitxr unrelated to a sale of the Note. )f there is a change of the Loan Servicer, Borrower will be given written notice of the chat:ge which will state tJte name arxi address of the new Loan Servicer, the address to whicJt payments should be made and any other information 12ESPA requires in connection with a notice of transfer of servicing. If the Note is sold and dtereatier the baan is serviced by a Loan Servicer other than the purchaser of the ]Vote, die mortgage loan servicing obligations to Borrower will remain with the loan Servicer or be transferred to a successor Loan Servicer and arc not assumed by the Notr purchaser unless otherwise provided by the Nate purchaser. Neither Borrower nor Lender stay conunencC, join, or be joined to any judicial action (tic either an individual litigant or the mrmber of a class) drat arises from tht other party's .tctions pursuant to this Security Inettvment or that alleges that the ather parry has breached any provision of, or any duty owed by mason of, this Security Instrument, undi such Borrower or Leader h.u notltSed the other party (with such notice given in compliance with the requirtimente 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. !f Applicable Law pravides a time period which must elapse before certain action can be taken, that time period will be deemed to be rea.onable fur purposes of this paragraph. The rtotfce of acceleration anti 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 m take corrective action provisions of dtis Section 20. 21. Httzartlous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances deYuted as toxic ar hazardous substances, pollutants, or wastes by Environmental Law and die following substances: gasoline, kerosene, other flantntable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or forntaldehyde, and radioactive materials; ro) "Ettvimnmental I,aw" means federal laws <<nd laws of dtr jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, ur removal action, as defined in Envimnntental Law; and (d) an "Enviromnental Condition" meanr• a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. -6A(PA) to~oet ~".w.: L P"9" 13 0l 56 Form 9039 1/01 6K 199 I PG3953 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, un ar in the Property. Borrower shill not do, nor allow anyone else to do, anything affectingg the Properly (a) that is in violation of any Environmental Law, (b) which creates an Environmental Cotdition, or (c) which, due to the presence, use, or release of a Hazardous Substattee, creates a eondidon that adversely affects the value of the Property. The preceding two sentences shall not apply to the prt:sCnce, use, or star,tge on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to rtorntal residential uses and to maintenance of dtC Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, de-nand, lawsuit or olltrr action by any gaverruttental or reb~ulatory agency or private party involving the Property and any Hazardous SubsGlnce or Enviruntnrnutl L:-w c,f which Borrower hat actual knowlcdgC, (b) any Envimnmental Condition, including but +>ot lintitrd ta, any spilling, leaking, discharge, release or threat of release of any Hazardous Subsuutce, anti (c) a,iy condition t:aused by the presetue, use or release of a Hazardous Substance which adversely at'fects dte value of dte Property. If Borrower learns, or is nuttfied by any governmental or regulatory authority, or any private parry, that any removal or other remcdiation of arty Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothirig herein shall create any obligation on Lender far an Em•ironmental 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 of any covenant or agreement in this Security lnstrument {but not prior to ucceteration under 5edion l8 unless Applicable l.tnv provides otherwise). Lender shall notify Borrower of, urnong other thtng5: (.~) the default; (b) the action required to cure the default; (c) when the default must be cured; :rncl (d) that P:tilure to cure the def:tttlt :ts specified may result in acceleration of the sums secured by this Security lnstrtrment, t'oreclasure 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 def.-ult or :ury attter defense or Borrower to acceleration .Antt foreclosure. If the default is oat cured :rs specified, Lender at its option m:»• require immediate payment in full of tdl sums secured by this Security Instrument without Further demrtnd and m;ty foreclose this Security Irrstrtunent by judicial proceeding. Lender shall be entitled to collect all expenses Incurred in pursuinb the remedies prm•ided in this Section 2Z, Including, but not limited to, attorneys' fees and costs of Htle evidence to the extent permitted by Applicable Law. 23. Release. Upun paymwu of all sums secured by this 5ecuriry lnstrwttent, this SCCUrity lnstnunent and the estate conveyed !hail Ierntin;ttr and breotne void. After such txxurrent~e, Lender shill discharge and satisfy this Security Instnuncnt. l3nrrc»ver shall day any rcc:ordation c,rsts. Lender may charge Borrower a fee far releasing this Security Instrument, but only +f the fee ir• paid to a third party fur xervices• rendered and the charging of the fee is permitted under Applicable Law. 24. VI':tivers. Bormwer, to ti)C CXFCIlt pCl'In1FlCd by Applicable Law, waives and releases troy error or defects in proceedings to enti,rcC this Security hixtrument, and hereby waives the benefit of any preseru or future laws providing for stay of rxecutiun, exFettcion of time, exemption frrnn attachment, levy and sale, and twmestead exemption. 25. Reinst:riement Period. Borrower's time tt+ reinstate provided in Section 19 shall extend to one hour prior to the conunencement of bidding at a sheritl s sale or other sale pursuant to this Security Instrument. 26. Purchase t•9oney D9artg:tge. tf any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Proprny, this Security hts[rument shall be a purchase money mongage. 27. Interest Rule Myer Judgment. Burrower agrees drat the interest rate payable after a judgnnent is entered on the Note or in an action of mortgage foreclosure shall be the rate payable tTOm time to time under the Noce. 6A(PA) tosoa- +Nw+. ~~~ ra9• a •~ ,e // ~~~ ~~- Form 303!1 1101 6Kt99iPG3954- BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Incttutnent and in any Rider executed by Borrower and recorded with it. Witnesses: MILTON M ~ (Seal) NUN -borrower (S~ I NA (11 ~ ~NE'L. rrowcr _ (Se:ti) -Borrowrr _ (Seal) -Dorrowcr (Seal) -borrower - (~ -bortower - (~ -borrower _ (Seal} •borrower EXHIBIT C DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in the Township of Lower Allen, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern right-of--way line of Woods Way, said point being a common corner with Lot 38 of the Final Subdivision Plan of the Manor at Westport; of which this is a part; THENCE, along the northern right-of--way line of Woods Way, North 82 degrees, 58 minutes, 53 seconds West, for a distance of 90 feet to a point, said point being a common corner with Lot 40 of the aforementioned subdivision plan; thence, along Lot 40, North 07 degrees, O 1 minutes, 07 seconds East, for a distance of 140.00 feet to a point, said point being along the property line of Lot 36 of the aforementioned subdivision plan of which this is a part; thence, along Lot 36 and Lot 37 of the aforementioned subdivision plan, of which this is a part; South 82 degrees, 58 minutes, 53 seconds East, for a distance of 90.00 feet to a point, said point being a common corner with Lot 38 of the aforementioned subdivision plan of which this is a part; thence, along Lot 38, South 07 degrees, O1 minutes, 07 seconds West, for a distance of 140.00 feet to a point, the POINT OF BEGINNING. CONTAINING 12,600 square feet of land. BEING KNOWN AND DESIGNATED AS Lot No. 39, 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 No. 4525 Woods Way. The ABOVE DESCRIBED REAL ESTATE is part of the same premises conveyed by Deed dated September 15, 2003 and recorded among the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania in Book 259, Page 2188 from Richard Hart and John E. Slike, Executors of the Will of Kenneth K Hart, unto the Grantor herein. PARCEL IDENTIFICATION NO: 13-10-0256-083 BEING THE SAME PREMISES CONVEYED TO Milton M. Nunez and Lina M. Nunez, unmarried, by Deed from RCP & P LLC, a Pennsylvania Limited liability company, dated 05/04/2007, recorded 05/10/2007 in Book 279, Page 4688. AND BEING THE SAME PREMISES CONVEYED TO Milton M. Nunez and Lina M. Nunez, by Corrective Quit Claim Deed from Terence M. Coldren and Valerie J. Coldren, h/w, dated 09/14/2009, recorded 09/28/2009 in Instrument Number 200933247. EXHIBIT D ~F~'N01~oN, Junc 8.2010 M11,TUN M NUNCI. 4525 WOODS WAY MECHAN1CS13URG PA 17055 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE THIC tc wN ATTEMPT '1G'O COLLECT A DEBT HOWEVER,1)EYOUR LOAN IS CURRENTLY OR WAS ~R>~VIOUSLY. INVOLVED IN A BANKRUPTCY WHERE YOUR CASE WAS DISCHARGED AND/OR YO~ARE SURRENDERING THE REAL PROPERTY 1N WHICH FIRST HORIZON HOME LOANS HAS AN 1 TEREST WE ARE NOT SEEKING PERSONAL LIABILITY AGAINST YOU WE ARE PURSUING OUR RIGHTS A5 THEX 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) rnav be able to help to save xour 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 DAT£ OF THIS NOTICE. Take this notice with you when you meet with the Counseling Agency. / The name, address and shone 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 Penns~vania 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 of 5 LA NOTIICACION EN EDJUNTO ES DE SOMA IMPORTANCIA, PUSS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. Sl NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION 1MMEDlTAMENTE LLAMANDO ESTA AGENCIA (PENNSYL.VIAN HOUSING F[NANCE 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. MortgagorName MI1.T~ON M NUNF7_. 452 WOUDS WAY MECI~IANiCS13URG PA 170x5 Loan Number : 006032497 Original Lender 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"), XOU 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 EL1GIBiLITY 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 T_HE 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-lf 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 desienated consumer credit counseling agencies for the county in which the aroverty 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 wil! 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 VOUR 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: 1F 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: =125 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 !u 2,409.10 0 ;u: 0 0 .c ~ 0 Late Charges X74.20 Other charges: Bad Check Fee .00 Inspection 30.04 Minus Suspense .00 TOTAL AMOUNT PASTDUE: 7,631.50 ACT 91 Page 3 of 5 B. YOU HAVE FAILED TO TAKE THE I=OLLOW3NG 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 7.631.SU 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 ?5063 Attn: Cashiering You can cure any other defauk 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, t1~e 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 anon vonr mortgaged aroperty. IF THE MORTGAGE 1S 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. [f you cure the default within the THIRTY f30) DAY period, you will not be required to Pay attomey'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 ri hg t to cure the default and prevent the sale at anv tie up to one hour before the Sheriff's Sale. You may do so by paving the total amount then trast due, plus anv late or other charres then due, reasonable attorney's fees and costs connected with the foreclosure sale and anv other costs connected with Sheriffs Saie as specified in writing by the lender and by performing anv other requirements under the mort8aae. 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 X64-7662lPhone 1-214-441-73921Fax EFFECT OF SHERIFF'~S!~I•E- 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 I-800-364-7662. Sincerely, First Horizon Home Loans: Collections Department ACT 91 Page 5 of 5 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 11/27!2009 2:217 PM CCCS of Western PA 2000 Linglesfown Road Harrisburg, PA 17102 888.511.2227 888.5112227 Community Action Commission of Captiat Region 1514 ~Y 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 Postage L Certified Fee ~ Retum Race' Fee Q ..a Restricted Degvery Fee ~ (Endaaement Requira0) m N ~ Total Postage & Fees ~ Sent To: ~ -.: ... D"' .. ._ ... .. R7 O .,D .. ~ _ Postrnark Flere t`~ PS Form 3800, September 2062 US Postal service Certified Mail Receipt ~F~srHo~or~ Junc &, 20I U LINA M NUNCZ 4525 WOODS WAY MECHANICSBURG PA I7D~> ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Otis is an official notice that the mortgage on your home is in_defauit, and the lender intends to foreclose. ~ific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP ma rLbe able to help to save Xqur home. This notice explains how the program works. To see if HELvtAP can help you must MEET WITH A CONSUMER CREDIT COUNSELMG AGENCY WITHIN (3~DAYS OF THE DATE OF THIS NOTICE. Take this notice with you when you meet with the Counseling Agenc,~ The name, address and phone number of Consumer Credit Counseling_Agencies serving_your County aze listed at the end of this Notice. Ifyou have any uestions, you may call the Pennsylvania Housing Finance ,~eencv toll free at I-800-342-2397. (Persons with imaaired hearing can call (70?) 780-) 869 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 9l Page I of 5 O_UR RIGHTS AS TREY RELATE T THE REAL PROPERTY UNDER THE TERMS OF THE DEED OF TRUST OR MQRTGAGE. 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 AGENC[A (PENNSYLVIAN HOUSING FINANCE AGENCY) SIN CARG05 AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELIGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOME0IVNER'S £M£RGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Mortgagor Name LINA M N[1NEZ 452 Vv'UUDS WAY MECHANICSBURG PA 17055 Loan Number :0060524497 Original Lender 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 Nottce. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE_ YOU MUST BRING YOUR MORTGAGE UP T DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATI< 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 designs, ted consumer credit couns~linQ agencies for the county in which the_ rp Ouerty 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 yow 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. 1F 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. AGI~NCY ACTION- Available funds for emergency mortgage assistance are very Iimited. 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 wilt 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 ua to date). NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located at: ~szs woovs wAY MECHAN{CSE3URG 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 ~ 2,09.10 O jQi V U ;1r; 0 Late Charges 374.20 . Other charges: Bad Check Fee .00 Inspection 30.00 Minus Suspense .00 TOTAL AMOUNT PASTDUE: 7,631.5(! 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 7.631.50 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 ap lip cable.} 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 iateads 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 vour mortgages pro 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 incltEde other reasonable costs. If you cure the default within the THIRTY (30} DAY period. you will not be required to ~av attorne 'v 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 anv tie up to one hour before the Sheriff s Sale. You may do so by pavins the total amount then past due, plus anv 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 performin>; anv other requirements under the mortga~. Curing your default in the manner set forth in this police wet[ restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-lt 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 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 LENDt;R: First Horiwn 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 Sate will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property aRer 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, 1F YOU CURE THE DEFAULT. (HOWEVER YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TJMES 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 S of 5 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 11127!2009 2:21:07 PM CCCS of We~stem PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 888.511.2227 Community Action Commission of Gaptiai Regton 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 soo.342.z397 rm auuu, ~epcernver cwc ~~ ~~~~ .,6~•...o (,;er[R~ep Mall 1'teCelpi ~Fi~rHo~zo~, lone 8, 2U 1(1 M1l,T()N M NUNE% 13437 HIG1~[LAND RD H1GHI,AND ~ MD 20777 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 VOU ARE SURRENDERING THE REAL PROPER'1~ IN WHICH FIRST HORIZON HOME LOAN5 HAS AN INTEREST,, WE ARE NOT SEEKING PERSONAL LIABILITY AGAINST YOU. WE~A RE 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 (HEMAPI may be able to help to save your home. This notice explains how the protzram 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 ofthis Notice. if ou have any questions, you may call the Pennsylvania Housing Finance Agency toll free at l -800-342-2397. (Persons with impaired hearing can call (707) 780-i 869). 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 9 i 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 ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDITAMENTE LLAMANDO ESTA AGENClA (P£NNSYLVIAN HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGc ASSISTANCE PROGRAi1it" Eti CUr~.I_ PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Mortgagor Name MILTON M NUNS"/. as?s woOns wnY MECHANICSBURG PA 20777 Loan Number :0060824497 Original Lender 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 19$3 (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 BE1NC 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-lf you meet with one of the consumer credit counseling agencies listed ai 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 teleahone numbers of deli ng sled consumer credit counseling agencies for the county in which the aropertv 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 9l 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 ftling a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days oFyour face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. 1F 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 uTEMPORARY 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 ua to date). NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located at: 4521 VJUODS 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 ;u; 2.409. ! 0 0 !u; 0 0 Cad U Late Charges 37.20 Other charges: Bad Check Fee .00 Inspection 30.00 Minus Suspense .OU TOTAL AMOUNT PASTDUE: 7,631.50 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 7.631.SU 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, certifed 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 us~if not applicable.) IF YOU DO NOT CURE THE DEFAULT-[f 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 ttwrtga¢e 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 forecbse upon your mort~a¢ed 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 550.00. 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. !f 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-[f 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 anv tie up to one hour before the Sheriff s Sale. You maY do so by paving the total amount then past due, plus anv late or other chargLs then due, reasonable attorney's fees and costs connected with the foreclosure sale and anv other costs connected with Sheriff s Sale as specified in writing by the lender and by performin>± anv. other reQUirements under the morteaee. Caring 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 wilt 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. 1-800-364-766?/Phone I-214-441-7392 /Fax 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 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 HEIIAAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 11/27/2009 2:21:07 PM CCCS of Western PA 2000 Linglestown Road Harristxmg, PA 17102 888.511.2227 888.513.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Maranatha 43 Philadelptda Avenue Waynesboro, PA 17268 717.762.3285 PA Interfaith Community Programs !nc 40 E High Street Gettysburg, PA 17325 717.334.1518 PiiFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 Postage $ Certifi e d Fee ~ ~ p ~ ~ i ~ ' d [7 Er oraem ( etM R ~S f ' .!t Rest (~ ~ mem Rry a E+b ase eq m tom- Totai Postage & Fees ,~ o: s '~ ~ ... ~ 1T' o .. tr .. .. .. .. . m a .~ ~ N ... _ . Postmark Here PS Form 3800, September 2002 us Poscai service Cefi;fi8t3 Mail Re©eipt ~FI~~~bRQON~ June 8. ?O!(1 LINA M NUNFL 13437 HIGHLAND RD HIGHLAND MD 20777 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. lNVOLYED IN A BAi,V,~CRUPTCY WHERE YOUR CASE VfrAS DISCHARGED AND(OR YOU ARE SURRENDERING THE R~~-L PROPERTY IN WHICH FIRST BQRIZON HOME 4QANS HAS AN INTEREST, WE ARE NOT SEEKING PERSONAL LIABILITY AGAINST YOU. WE ARF 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 mortg,~ae 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 EET 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 Counselint; Agencies serving your County are listed at the end of this Notice. If you have any uuestions. you may call the Pennsylvania Housing Finance Agencv toll free at 1-800-342-2397. (Persons with impaired hearing can call (707) 780-18691. This Notice contains important legal information. if you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain ii. 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 t of 5 LA NOTIICACION EN EDJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. Sf 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 PROGRAIvI" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Mortgagor Name LiNA M NUNEZ 4525 WUODS W`AY MECHAN[CSBURG 1'A 20777 Loan Number :0060324497 Original Lender 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: *1F 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 fisted 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 YOU_R____M4RTGAGE 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 deli Hated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. [t 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 S 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 Iender 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 app) ication. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE 1S 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: =~s2s woons wAY MECHANICSBURG l'A 1S SERIOUSLY [N 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 ~~: a,~o~. i a o tiu: o o ca; o Late Charges 37.20 Other charges: . Bad Check Fee .00 Inspection 30.00 Minus Suspense .OU TOTAL AMOUNT PASTDUE: 7.631.SU 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 ofthe date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS 7,631.50 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 latter: (Do not use if not applicable.) iF YOU DO NOT CURE THE DEFAULT-]f you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its riahta 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 vonr mortgaged proaerty. 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 ail reasonable attorney's fces 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. tf you cure the default within the THIRTY (30) DAY Qgriod you will not be required to pav attorneX'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 anv tie up to one hour before the Sheriff's Saie. You may do so b~ payine the total amount then oast due, plus anv late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and anv other costs connected with Sheriff s Sale as specified in _writinQ by the lender and by performing another requirements under the mortgage. Curing your defanlt 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 dale of the Sheriffs Sale will be sent to you before the sale. Of ACT 41 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. I -800-364-7662/Phone 1-214-441-7392 /Fax EFFECT OF SHERIFF'S SAL>l- 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 Safe, 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. YOi1 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 HEIIAAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 1127!2009 2:21:07 PM CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Maranatha ' 43 Ph~adelphia Avenue Waynesboro, PA 77268 717.762.3285 PA tMerfaith 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 A .D f*t m tti tr 0 m a .~ N P5 Form 3800, September 2002 US Postal Service Certified Mail Receipt SHERIFF'S OFFICE OF CUMBERLAND GO_UNTY Ronny R Anderson Sheriff ~~ ~ ~~~ ~~~xttr o[ ~umbcr~~fi~ Jody S Smith ~ ~~ Chief t)eputy ~~:- , ~,~,• ~ 14 AUG 3 L A!I 8~ 35 ,~~~at . _ Richard W Stewart '~ ~~''"~ Solicitor ~r~c~ cF ~~E s~~al€r ~I~~.EV~ The Bank of New York Mellon Case Number vs. 2010-4817 Milton M. Nunez (et al.) SHERIFF'S RETURN OF SERVICE 07/29/2010 04:50 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on July 29, 2010 at 1650 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Occupant of 4525 Woods Way, Mechanicsburg, PA 17055, by making known unto Sherry Christian, current occupant of 4525 Woods Way, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. A ANDA COBAUGH, DEP TY 08/27/2010 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: Lina M. Nunez, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Lina M. Nunez. Request for service at 4525 Woods Way, Mechanicsburg, PA 17055 the defendant was not found. To date The Mechanicsburg Postmaster does not have a good forwarding address for Lina M. Nunez. 08/27/2010 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: Milton M. Nunez, 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 Milton M. Nunez. Request for service at 4525 Woods Way, Mechanicsburg, PA 17055 the defendant was not found. To date The Mechanicsburg Postmaster does not have a good forwarding address for Milton M. Nunez. SHERIFF COST: $82.00 August 27, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (ci CountySuite SheatF. T'eleosoft. Inc. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-4817 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEES FOR THE HOLDERS OF THE CERTIFICATES FIRST HORIZON MORTGAGE PASS-THROUGH CERTIFICATES SERIES FH07-FA4, 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 Plaintiff (s) From MILTON M. NUNEZ LINA M. NUNEZ (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $307,426.04 L.L. $.50 Interest FROM 12/18/10 TO 6/1/11 (AT THE PER DIEM RATE OF $50.91) --$8,400.15 Atty's Comm % Atty Paid $214.50 Plaintiff Paid Date: 1/7/11 Due Prothy $2.00 Other Costs ?d D. Buell, rothonotary (Seal) By: Deputy REQUESTING PARTY: Name: CHRISTINE A. PINTO, ESQUIRE Address: PARKER McCAY P.A. THREE GREENTREE CENTRE 7001 LINCOLN DRIVE WEST, P.O. BOX 974 MARLTON, NJ 08053-0974 Attorney for: PLAINTIFF Telephone: 856-810-5815 Supreme Court ID No. 205622 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. #:14027-0200 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 FH07-FA4, 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. Milton M. Nunez and Lina M. Nunez 4525 Woods Wav Mechanicsburg, PA 17055 Defendants. _ F11 14 t1'' ILL;; A; [4 ? JAN -7 Psi 2: . 3r oL 0 COURT OF COMMON PLEAS CUMBERLAND COUNTY : JULY TERM, 2010 : DOCKET NO. 10-4817 : CIVIL ACTION : MORTGAGE FORECLOSURE PRAECIPE TO ENTER DEFAULT JUDGMENT T'O THE PROTHONOTARY: Kindly enter Judgment by Default in favor of 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 1 H07-FA4, 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 Agreemem and against Defendants, Milton M. Nunez and Lina M. Nunez, for failure to file an Answer on Plainfifls Complailtt within 20 days from service thereof and for Foreclosure and sale of the mortgaged premises, a,id assess Plaintiff's damages as follows: As set forth in Complaint ---- $295,582.83 Interest Cad $50.91 per diem _ $7,4-32.86 (07/24/10 to 12'17 /10) L«te _Chaes -__- $467.75 ---__ - Escrow Advance ------- -- $1,$77.60 Corporation Advance $2,065.00 [1-01-AL $307,426.041 p?,j. 'Ojy.6o fi*j P* r?e# X6 gl ftff X33W Together with interest at the contract rate after the date of judgment, and costs. I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT IN MORTGAGE FORECLOSURE AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT IN MORTGAGE FORECLOSURE. I hereby certify that the attached Notices of Intention to Take Default were forwarded to Defendants more than ten (10) days ago. PA McCAY P.A. By: Christine A. Pinto, Esquire Three Greentree Centre 7001 Lincoln Drive West P.O. Box 974 Marlton, NJ 08053-0974 Date: December 17;2010 2 File No. 14027-0200 Law Offices PARKER McCAY P.A. By: Mary Wu, Esquire Attorney ID. 4209171 Three Greentree Centre, Suite 401 7001 Lincoln Drive West P.O. Box 974 Marlton, NJ 08053-0974 (856) 810-5815 Attorneys 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 FH07-FA4 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 P.O. Box 630148 Irving, TX 75063 COURT OF COMMON PLEAS CUMBERLAND COUNTY JULY TERM 2010 NO. 10-4817 Plaintiff, V. CIVIL ACTION MORTGAGE FORECLOSURE Milton M. Nunez and Lina M. Nunez 4525 Woods Way Mechanicsburg, PA 17055 Defendants. NOTICE OF INTENTION TO FILE PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: Milton M. Nunez 13437 Highland Road Highland, MD 20777 DATE OF NOTICE: October 7, 2010 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM "THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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 NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT: WE ARE ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. Respectfully Submitted, PARKER MCCAY.:A. BY: Mary u Attorney for Plaintiff DATE: October 7. 2010 VIA CERTIFIED MAIL, R.R.R. AND FIRST CLASS MAIL File No. 14027-0200 Law Offices PARKER McCAY P.A. By: Mary Ylru, Esquire Attorney I. D. 4209171 Three Greentree Centre, Suite 401 7001 Lincoln Drive West P.O. Box 974 Marlton, NJ 08053-0974 (856) 810-5815 Attorneys 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 FH07-FA4 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 P.O. Box 630148 Irving, TX 75063 COURT OF COMMON PLEAS CUMBERLAND COUNTY JULY TERM 2010 NO. 10-4817 Plaintiff, V. CIVIL ACTION MORTGAGE FORECLOSURE Milton M. Nunez and Lina M. Nunez 4525 Woods Way Mechanicsburg, PA 17055 Defendants. NOTICE OF INTENTION TO FILE PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: Lina M. Nunez 13437 Highland Road Highland, MD 20777 DATE OF NOTICE: October 7, 2010 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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 NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT: WE ARE ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. Respectfully Submitted, PARKER McCAY P.A. BY: /AZj;"'fbr Plaintiff DATE: October 7, 2010 VIA CERTIFIED MAIL, R.R.R. AND FIRST CLASS MAIL 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 #:14027-0200 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 FH07-FA4, 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. Milton M. Nunez and Lina M. Nunez 4525 Woods Way Mechanicsburg, PA 17055 Defendants. : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : JULY TERM, 2010 : DOCKET NO. 10-4817 : CIVIL ACTION : MORTGAGE FORECLOSURE VERIFICATION OF NON-MILITARY SERVICE I, Christine A. Pinto, Esquire, hereby certify that I represent Plaintiff in the above entitled case; that I am authorized to make this Verification on behalf of Plaintiff, that the above-named Defendants are over 18 years of age; that the address of the Defendants, Milton M. Nunez and Lina M. Nunez is 13437 Highland Road, Highland, MD 20777; that the occupations of the Defendants are unknown; and that the Defendants are not known to be in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. I also certify that the address of the Plaintiff is 4000 Horizon Way, Suite 150, Irving, TX 75063 I understand that the statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. PARKER cCAY, .P BY: Christine A. Pinto, Esquire Date: December 17, 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 #:14027-0200 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 FH07-FA4, 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 : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : JULY TERM, 2010 : DOCKET NO. 10-4817 : CIVIL ACTION : MORTGAGE FORECLOSURE Plaintiff, V. Milton M. Nunez and Lina M. Nunez 4525 Woods Way Mechanicsburg, PA 17055 Defendants. VERIFICATION OF NON-MILITARY SERVICE I, Christine A. Pinto, Esquire, hereby certify that I represent Plaintiff in the above entitled case; that I am authorized to make this Verification on behalf of Plaintiff; that the above-named Defendants are over 18 years of age; that the address of the Defendants, Milton M. Nunez and Lina M. Nunez is 13437 Highland Road, Highland, MD 20777; that the occupations of the Defendants are unknown; and that the Defendants are not known to be in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. I also certify that the address of the Plaintiff is 4000 Horizon Way, Suite 150, Irving, TX 75063 I understand that the statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. PARKER eCAY, P.A. By: Christine A. Pinto, Esquire Date: December 17, 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 #:14027-0200 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 FH07-FA4, 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 : COURT OF COMMON PLEAS : CUMBERLAND COUNTY JULY TERM, 2010 DOCKET NO. 10-4817 CIVIL ACTION MORTGAGE FORECLOSURE Plaintiff, V. Milton M. Nunez and Lina M. Nunez 4525 Woods Way Mechanicsburg, PA 17055 Defendants. VERIFICATION OF NON-MILITARY SERVICE I, Christine A. Pinto, Esquire, hereby certify that I represent Plaintiff in the above entitled case; that I am authorized to make this Verification on behalf of Plaintiff, that the above-named Defendants are over 18 years of age; that the address of the Defendants, Milton M. Nunez and Lina M. Nunez is 13437 Highland Road, Highland, MD 20777; that the occupations of the Defendants are unknown; and that the Defendants are not known to be in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. I also certify that the address of the Plaintiff is 4000 Horizon Way, Suite 150, Irving, TX 75063 I understand that the statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. PARKER cCAY, P.A. By: Christine A. Pinto, Esquire Date: December 17, 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 #:14027-0200 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 FH07-FA4, 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 : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : JULY TERM, 2010 : DOCKET NO. 10-4817 : CIVIL ACTION : MORTGAGE FORECLOSURE Plaintiff, V. Milton M. Nunez and Lina M. Nunez 4525 Woods Way Mechanicsburg, PA 17055 Defendants. VERIFICATION OF NON-MILITARY SERVICE I, Christine A. Pinto, Esquire, hereby certify that I represent Plaintiff in the above entitled case; that I am authorized to make this Verification on behalf of Plaintiff, that the above-named Defendants are over 18 years of age; that the address of the Defendants, Milton M. Nunez and Lina M. Nunez is 13437 Highland Road, Highland, MD 20777; that the occupations of the Defendants are unknown; and that the Defendants are not known to be in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. I also certify that the address of the Plaintiff is 4000 Horizon Way, Suite 150, Irving, TX 75063 I understand that the statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. PARKER cCAY, P.A. By: Christine A. Pinto, Esquire Date: December 17, 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 #:14027-0200 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 FH07-FA4, 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 : COURT OF COMMON PLEAS : CUMBERLAND COUNTY JULY TERM, 2010 DOCKET NO. 10-4817 : CIVIL AC'CION : MORTGAGE FORECLOSURE Plaintiff, V. Milton M. Nunez and Lina M. Nunez 4525 Woods Way Mechanicsburg, PA 17055 Defendants. VERIFICATION OF NON-MILITARY SERVICE I, Christine A. Pinto, Esquire, hereby certify that I represent Plaintiff in the above entitled case; that I am authorized to make this Verification on behalf of Plaintiff; that the above-named Defendants are over 18 years of age; that the address of the Defendants, Milton M. Nunez and Lina M. Nunez is 13437 Highland Road, Highland, MD 20777; that the occupations of the Defendants are unknown; and that the Defendants are not known to be in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. I also certify that the address of the Plaintiff is 4000 Horizon Way, Suite 150, Irving, TX 75063 I understand that the statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. PARKER cCAY, P.A. By: Christine A. Pinto, Esquire Date: December 17, 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 #:14027-0200 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 FH07-FA4, 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 : COURT OF COMMON PLEAS : CUMBERLAND COUNTY JULY TERM, 2010 DOCKET NO. 10-4817 CIVIL ACTION MORTGAGE FORECLOSURE Plaintiff, V. Milton M. Nunez and Lina M. Nunez 4525 Woods Way Mechanicsburg, PA 17055 Defendants. CERTIFICATION I, Christine A. Pinto, Esquire, do hereby certify that the Defendants, Milton M. Nunez and Lina M. Nunez were served with the Complaint in Mortgage Foreclosure in this action, by the Howard County Sheriff on September 16, 2010. A true and correct copy of the Howard County Sheriffs Return of Service is attached hereto as Exhibit "A". PARKS MCCAY, P.A. By: Christine A. Pinto, Esquire Three Greentree Centre 7001 Lincoln Drive West P.O. Box 974 Marlton, NJ 08053-0974 Date: December 17, 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 #:14027-0200 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 FH07-FA4, 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 COURT OF COMMON PLEAS CUMBERLAND COUNTY : JULY TERM, 2010 : DOCKET NO. 10-4817 CIVIL ACTION MORTGAGE FORECLOSURE Plaintiff, V. Milton M. Nunez and Lina M. Nunez 4525 Woods Way Mechanicsburg, PA 17055 Defendants. CERTIFICATION I, Christine A. Pinto, Esquire, do hereby certify that the Defendants, Milton M. Nunez and Lina M. Nunez were served with the Complaint in Mortgage Foreclosure in this action, by the Howard County Sheriff on September 16, 2010. A true and correct copy of the Howard County Sheriffs Return of Service is attached hereto as Exhibit "A". PARKE MCCAY, P.A. By: Christine A. Pinto, Esquire Three Greentree Centre 7001 Lincoln Drive West P.O. Box 974 Marlton, NJ 08053-0974 Date: December 17, 2010 EXHIBIT "A" J' 4 ERIp -- `? Office of the Sheriff Howard Cuugv, Ma?yl ind James E Fitzgerald Sherif AFFIDAVIT OF SERVICE I, Deputy Sheriff T.L. CHANEY, in and for the County of Howard, State of Maryland, authorized by law to serve Judicial Process in said State and County, Do hereby certify that on the 16 TH day of SEPT., 2010, at 11:00 A.M. o'clock, the within named Defendant(s) MILTON M NUNEZ C/O LINA M NUNEZ (WIFE) were personally served copies of the following papers: NOTICE/COMPLAINT IN MORTGAGE FORECLOSURE/EXHIBITS CASE # 14027-0200 at the location of 13437 HIGHLAND RD., HIGHLAND in said State of Maryland and County of Howard. The Defendant(s) is/are described as follows:W/F. (Deputy Signature) Deputy Sheriff for the County Howard, State of Maryland L . - tf A N C?PZ sr 12-q (Deputy Print Nat-he) Subscribed and sworn to me this day of , 20 . My Commission Expires YIIZ-Al'ge Notary Public WRICIA L ERGM ENTHALER Notary Public State of Maryland Howard County I(* commission exp. August 25, 2014 - MY HCSO 7003 (REV 04/08) 8360 Court Avenue, Ellicott City, Maryland 21043 • 410-313-2150 Fax 410-313-4155 Office of the Sheriff x, Hotvard County, Maryland James F Fitzgerald Sheri,,lf AFFIDAVIT OF SERVICE 11 Deputy Sheriff T.L.'.HANEY, in and for the County of Howard, State of Maryland, authorized by law to serve Judicial Process in said State and County, Do hereby certify that on the 16 TH day of SEPT., 2010, at 11:00 A.M. o'clock, the within named Defendant(s) LINA M NUNEZ were personally served copies of the following papers: NOTICE/COMPLAINT IN MORTGAGE FORECLOSURE/EXHIBITS CASE # 14027-0200 at the location of 13437 HIGHLAND RD., HIGHLAND in said State of Maryland and County of Howard. The Defendant(s) is/are described as follows:W/F. (Deputy Signature) Deputy Sheriff for the Co my o Howard, State of Marylan t- L . 014 (Deputy Print Name) Subscribed and sworn tome this /6/--k day of , 20 lD YAA?Notary Public My Commission Expires ?a0/y PATRICIA L MERGENTHALER Notary Public State of Maryland Howard County My commission W. August 25, 2014 HCSO 7003 (REV 04/08) 8360 Court Avenue, Ellicott City, Maryland 21043 • 410-313-2150 Fax 410-313-4155 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 #:14027-0200 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 FH07-FA4, 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 COURT OF COMMON PLEAS CUMBERLAND COUNTY : JULY TERM, 2010 : DOCKET NO. 10-4817 CIVIL ACTION MORTGAGE FORECLOSURE Plaintiff, V. Milton M. Nunez and Lina M. Nunez 4525 Woods Way Mechanicsburg, PA 17055 Defendants. TO: Milton M. Nunez 13437 Highland Road Highland, MD 20777 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a JUDGMENT BY DEFAULT has been entered against you in the above proceeding and that enclosed herewith is a copy of all the (record) documents filed in support of the said judgment. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEY CHRISTINE A. PINTO, AT TELEPHONE NO. (856) 810-5815 NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT: WE ARE ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. Cumberland County, Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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 FH07-FA4, 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. Milton M. Nunez and Lina M. Nunez 4525 Woods Way Mechanicsburg, PA 17055 Defendants. PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Gm m ;z i-Z 'v >.?.. CD N Kindly issue writ of execution in the above matter directed to the Sheriff of Cumberland County. Kindly index this Writ against the Defendants as follows: Milton M. Nunez and Lina M. Nunez. Real Property involved: 4525 Woods Way, Mechanicsburg, PA 17055. Amount due Interest from 12/18/110 to 6/1 /11 (at the per diem rate of $50.91 Costs Total Date: December 17, 2010 4 A-j qa. e d ff ?IL, GU f? a 5 u !? AtGy ?a r1,. sG P? 4 4 kj -s6 due. z(_ e asoss COURT OF COMMON PLEAS CUMBERLAND COUNTY JULY TERM, 2010 DOCKET NO. 10-4817 : CIVIL ACTION : MORTGAGE FORECLOSURE $307,426.04 $8,400.15 CHRISTINE A. PINTO, ESQUIRE Attorney for Plaintiff /Z(* ?s 3_3ua 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 #:14027-0200 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 FH07-FA4, 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. Milton M. Nunez and Lina M. Nunez 4525 Woods Way Mechanicsburg, PA 17055 Defendants. : COURT OF COMMON PLEAS : CUMBERLAND COUNTY JULY TERM, 2010 DOCKET NO. 10-4817 1.? M1T CIVIL ACTION va -- i MORTGAGE FORECLOSURGM ..., x ? te `? - - r ca • r .a ,. AFFIDAVIT PURSUANT TO RULE 3129.1 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 FH07-FA4, 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, Plaintiff in the above action, comes by its attorney and sets forth, as of the date the Praecipe for Writ of Execution was filed, the following information concerning the real property located at 4525 Woods Way, Mechanicsburg, PA 17055: Name and address of Owner(s) or Reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Milton M. Nunez I-- 13437 Highland Road Highland, MD 20777 Milton. M. Nunez _ 4525 Woods Way i Mechanicsburg, PA 17055 1.ina M. Nunez 13437 Highland Road Highland, MD 20777 Lina M. Nunez 4525 Woods Way Mechanicsburg, PA 17055 2. Name and address of Defendants in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) Milton M. Nunez 13437 Highland Road Highland, MD 20777 Milton M. Nunez 4525 Woods Way Mechanicsbur, PA 17055 Lina M. Nunez 13437 Highland Road Highland, MD 20777 Lina M. Nunez 4525 Woods Way Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please so indicate) The Bank of New York Mellon f/k/a The Bank of 4000 Horizon Way, Suite 150 New York, as Trustee for the holders of the Irving, TX 75063 Certificates, First Horizon Mortgage Pass-Through Certificates Series FH07-FA4, 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 Name and address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) The Bank of New York Mellon f/k/a The Bank of 4000 Horizon Way, Suite 150 New York, as Trustee for the holders of the Irving, TX 75063 Certificates, First Horizon Mortgage Pass-Through Certificates Series FH07-FA4, 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 Servicine Agreement Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please so indicate) ONLY THOSE LISTED ABOVE. 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) West Shore School District c/o Bonnie Miller 1993 Hummel Avenue Cam Hill, PA 17011 Lower Allen Township Tax Collector c/o Bonnie Miller 1993 Hummel Avenue Cam Hill, PA 17011 PA American Water 800 West Hersheypark Drive Hershey, PA 17033 Lower Allen Township Sewer/Trash 1993 Hummel Avenue Cam Hill, PA 17011 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 Cumberland County Domestic Relations 13 North Hanover Street, P.O. Box 320 Carlisle, PA 17013 Commonwealth of Pennsylvania 333 Health and Welfare Building Department of Welfare Harrisburg, PA 17105 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name ONLY THOSE LISTED ABOVE. Address (if address cannot be reasonably ascertained, please so indicate) 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. § 4904 relating to unsworn falsifi tion to authorities. CHRISTINE A. PINTO, ESQUIRE Attorney for Plaintiff Date: December 17, 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 #:14027-0200 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 FH07-FA4, 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, : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : JULY TERM, 2010 : DOCKET NO. 10-4817 CIVIL ACTION MORTGAGE FORECLOSURE V. Milton M. Nunez and Lina M. Nunez 4525 Woods Way Mechanicsburg, PA 17055 Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Milton M. Nunez 13437 Highland Road Highland, MD 20777 C!7 ? TM C...M r*.7 Cam. v rrt ----; C?-? The real estate located at 4525 Woods Way, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on June 1. 2011 at 10:00 a.m., in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. (The specific room location will be posted at every entrance to the courthouse; or Deputies posted at each entrance may direct you to the room.) to enforce the court judgment of $307,426.04 plus fees, costs and other charges obtained by 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 FH07-FA4, 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 against you. M NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 1. This sale will be canceled if you pay the judgment to Christine A. Pinto, Esquire, Three Greentree Centre, 7001 Lincoln Drive, P.O. Box 974, Marlton, NJ 08053. To find out how much you must pay, you may call (856) 810-5815. 2. You may be able to stop the sale by filing a petition asking the court to strike or open the judgment, if the judgment was improperly entered. You may also ask the court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriffs Office at (717) 240-6390 or Christine A. Pinto, Esquire at (856) 810-5815. 2. You may be able to petition the court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriffs Office at (717) 240-6390 or Christine A. Pinto, Esquire at (856) 810-5815. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on the 30th day after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days of the preparation of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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. Court Administrator Cumberland County Courthouse 4`h Floor Carlisle, PA 17013 (717) 240-6200 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 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 #:14027-0200 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 FH07-FA4, 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. Milton M. Nunez and Lina M. Nunez 4525 Woods Way Mechanicsburg, PA 17055 Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY JULY TERM, 2010 DOCKET NO. 10-4817 : CIVIL ACTION : MORTGAGE FORECLOSUREa . a= , ?? ? maw ?z C) 4 NOTICE OF SALE TO LIENHOLDERS OWNERS: Milton M. Nunez and Lina M. Nunez PROPERTY: 4525 Woods Way, Mechanicsburg, PA 17055 IMPROVEMENTS: Residential - Detached Dwelling PARCEL ID NO.: 13-10-0256-083 Please be advised that the undersigned office represents, 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 FH07-FA4, 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 a mortgage foreclosure. The above-captioned property is scheduled to be sold by the Sheriff of Cumberland County on June 1, 2011 at 10:00 a.m., in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. (The specific room location will be posted at every entrance to the courthouse; or Deputies posted at each entrance may direct you to the room.) Our records indicate that you may hold a mortgage or judgment lien on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) dajaft the filing of the schedule. CHRISTINE A. PINTO, ESQUIRE Attorney for Plaintiff Date: December 17, 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 #:14027-0200 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 FH07-FA4, 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. Milton M. Nunez and Lina M. Nunez 4525 Woods Way Mechanicsburg, PA 17055 Defendants. : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : JULY TERM, 2010 : DOCKET NO. 10-4817 : CIVIL ACTION : MORTGAGE FORECLOSURE Z v.l • r77 °sa rrI __ _ _Z3 r'- > i 2 r ?•.l 7 ?C <.- rv AFFIDAVIT OF LAST KNOWN ADDRESS STATE OF NEW JERSEY COUNTY OF BURLINGTON : SS. BEFORE ME, the undersigned authority, a Notary Public in and for the said County and State, personally appeared CHRISTINE A. PINTO, ESQUIRE, attorney for the Plaintiff, who being duly sworn according to law, deposes and says that to the best of her knowledge, information and belief that the owners of the property located at 4525 Woods Way, Mechanicsburg, PA, are Defendants, Milton M. Nunez and Lina M. Nunez who reside at 13437 Highland R9Q Highland, MD 20777. Sworn to and subs-c, ib?d to l?ejfore me tl, is __pC ( day of 10 A. PINTO, ESQUIRE Comrnissln? uRRE$ ------ Notary Public M , State of New Jerse V Commission Expires AU9---Qusf 11 2014 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 (856) 810-5815 Attorney for Plaintiff File #:14027-0020 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 FH07-FA4, 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. Milton M. Nunez and Lina M. Nunez 4525 Woods Way Mechanicsburg, PA 17055 Defendants. AFFIDAVIT OF NON-MILITARY SERVICE c- BEFORE ME, the undersigned authority, personally appeared Christine A. Pinto, Esquire, who, being duly sworn according to law, deposes and says that to the best of her knowledge, information and belief, the Defendants, Milton M. Nunez and Lina M. Nunez, are not known to be in the Military Service of the United States, nor any State or Territory thereof o i s allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments there CHRISTINE A. PINTO, ESQUIRE Attorney for Plaintiff Sworn to and subS? d to bqQre me this day of R YY? ? ,? 2010 COURT OF COMMON PLEAS CUMBERLAND COUNTY JULY TERM, 2010 DOCKET NO. 10-4817 CIVIL ACTION MORTGAGE FORECLOSUR CommissiaR # Notary 238 ry PublId, State of New t MY Commission Ex erse Au us111 ?014res ?. .PARKER McCAY P.A. rn -Orn ;0 By: Chandra M. Arkema, Esquire Nr" N : c? Attorney ID #203437 -< C7% --4c:) 9000 Midlantic Drive 's To Suite 300, P.O. Box 5054 =Z 3'C Mount Laurel, NJ 08054 ?? © g (856) 810-5815 c-n Attorney for Plaintiff File #: 14027-0200 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 FH07-FA4, 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. Milton M. Nunez and Lina M. Nunez 4525 Woods Way Mechanicsburg, PA 17055 s COURT OF COMMON PLEAS CUMBERLAND COUNTY JULY TERM, 2010 DOCKET NO. 10-4817 CIVIL ACTION MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO PaR.C.P. 3129.2 STATE OF NEW JERSEY SS: COUNTY OF BURLINGTON I, Chandra M. Arkema, Esquire, of full age, being duly sworn according to law, upon my oath, depose and say, 1. True and correct copies of the Sheriff's Sale documents were served on Defendants, Milton M. Nunez and Lina M. Nunez on August 2, 2011 via DGR Legal Services, as is evidenced by the Affidavit of Service attached hereto as Exhibit "A". 2. True and correct copies of the Notice of Sheriff's Sale of Real Estate and other applicable notices with reference to the scheduled Sheriff's sale were sent to the following parties of interest on April 19, 2011, 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 Bank of New York, as Trustee for the holders of the Certificates, First Horizon Mortgage Pass-Through Certificates Series FH07-FA4, 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 West Shore School District c/o Bonnie Miller 1993 Hummel Avenue Camp Hill, PA 17011 Lower Allen Township Tax Collector c/o Bonnie Miller 1993 Hummel Avenue Camp Hill, PA 17011 PA American Water 800 West Hersheypark Drive Hershey, PA 17033 Lower Allen Township (Sewer/Trash) 1993 Hummel Avenue Camp Hill, PA 17011 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 Cumberland County Domestic Relations 13 North Hanover Street, P.O. Box 320 Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare 333 Health and Welfare Building Harrisburg, PA 17105 EXHIBIT "A" Plaintiff THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS FO THE CERTIFICATES, FIRST HORIZON MORTGAGE PASS-THROUGH CERTIFICATES SERIES FH07-FA4, BY FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NA MASTER SERVICERJN ITS CAPACITY AS AGENT FOR THE TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT vs Defendant MILTON M. NUNEZ, ET AL Person to be served: LINA N. NUNEZ 13437 HIGHLAND ROAD HIGHLAND MD 20777 Attorney: CHRISTINE A. PINTO, ESQ. PARKER MCCAY, PA 9000 NDLAN71C DRIVE SUITE 300 MT. LAUREL NJ 08054 Papers Served: WRIT OF EMOUTION A. NOTICE OF SALE Service Data: Served Successfully Not Served ed V Delivered a copy to bbAer personally IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA DOCKET NO. 10-4817 AFFIDAVIT OF SERVICE (tar use by PMafa Servlos) Cost of Service pursuant to R4:4-30 S Date: S Z / Time: ?. Attempts: 2- --7 r Name of Person Served and relafionshilAltle Left a copy with a competent household member over 14 years or age residing therein at place of abode. Left a copy With a person authorized to accept service, e.g. managing agent, registered agent, etc. Description of Person Accepting Service: Age: t/Q Height: .6-'/ . Weight/3S- Hair 61,aC C. Unserved: Sex Few, AE, ( ) Defendant is unknown at the address furnished by the attorney ( ) All reasonable IrWiries suggest defendant moved to an undetermined address ( ) No such street In municipality ( ) No response on: Date Time Date Time ( )Other Comments or Remarks S and Sworn to this day of f Race: f 7?/S/OQ/1 G I. ? ,fr C A ?s , was at time of se a competent u t not having a direct interest in the litigation. I declare under penalty of perjury that the foregoing is true and correct. ?y 8"""" Siprmhre of Process Server Date Chance Manley DGR - THE SOURCE FOR LEGAL SUPPORT WORK ORDER No. 818090 Notary Public 1359 Littleton Road, Morris Plains, NJ 07950-3000 FILE No. 14027-0200 State of Maryland (973) 403.1700 Fax (973) 403-9222 My Commission Expires 7/28/2012 Prince George's County Plaintiff THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS FO THE CERTIFICATES, FIRST HORIZON MORTGAGE PASS-THROUGH CERTIFICATES SERIES FH07-FA4, BY FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK N.A. MASTER SERVICER, IN ITS CAPACITY AS AGENT FOR THE TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT vs Defendant MILTON M. NUNEZ, ET AL Person to be served: MILTON N. NUNEZ 13437 HIGHLAND ROAD HIGHLAND MD 20777 Attorney: CHRISTINE A. PINTO, ESQ. PARKER McCAY, PA. 9000 MIDLANTIC DRIVE SUITE 300 MT. LAUREL NJ 08054 Papers Served: VVW OF EXECUTION 3 NOTICE OF SALE IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA DOCKET NO. 10-4817 AFFIDAVIT OF SERVICE (tor use by PrMft Service) Cost of Service pursuant to 114:4-30 Service Data: ,/ Served Successfully ._..L.__ Not Served Date: e z; Z11 Time: Atfempts: 2' Delivered a copy to him/her personally Name of Person Served and miationshiplWte V/ Left a copy with a competent household 4- / n .c /Nu n G Z member over 14 years of age residing therein at place of abode. sb G y5 Left a copy with a person authorized to accept service, e.g. managing agent, registered agent, etc. Description of Person Accepting Service: // Age: L10 Height: S Weight: Hair cK Sex: ?er7 a /e Race: jSpaA?G Unserved: ( ) Defendant Is unknown at the address furnished by the attorney ( ) Ali reasonable inquiries suggest defendant moved to an undetermined address ( ) No such stmt In municipality ( ) No response on: Date Time Date Time ( ) Other. Comments or Remarks Sub Sworn to this 3W day of ZO// 1, 1 ,4 r n C. 17Lot! yes , was at time of servlo0 a competent addlt not having a direct interest In the litigation. I declare under penalty of perjury that the foregoing is true and correct. Naar slo ld- 8 // of Prooas Server ' Date Chance Manley DGR - THE SOURCE FOR LEGAL SUPPORT WORK ORDER No. 818086 Notary Public 13669 Littleton Road, Moms Plains, NJ 07950-3000 FILE No. 140274200 State of Maryland (973) 403-1700 Fax (973) 403-9222 My Commission Expires 7/28/2012 Prince George's County EXHIBIT "B" 10 t0 _ 00 co 0 -? c a r c _ 00 ft,j -5 0 Still ; III i t ?, a R m .D -J O t --'- r Z y' O O :? m ? O O X m a wil ---- --o -n pur i? OR, I .? a 0 8 b ? ? tad *e MA i? 4R 0 40 c 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 unsworn falsification to authorities. A&aadwoll? CHANDRA M. ARKEMA, ESQUIRE Atty ID #203437 Attorney for Plaintiff Sworn to and subsc ' Before this day of- LIA it 2911 -tt- otary Public ?pMELIA TRE` Commission A 2388457 Notary public, State of Newe Au a Jersey My ission 781 4