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e \ , ?1 s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN SERVICING GROUP c/o Faslo Solutions, LLC -- 1400 Corporate Drive CIVIL ACTION - LAW Irving, TX 75038 Case No. Ip - (cJ10 0-4v, < Is vs. BRANDON K. GANDY 229 W NORTH ST CARLISLE, PA 17013 Action in Contract NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 r-7 i - r ,) C.7 .?C'J " * > -T, rn 0 "a.00 pa A`I'T'Y C? l lo?T96 ?? a?88?ts IN?N?,I?IRIIIIIIII?II?IIIIIRIINIIIIYIYIVNIIIIrIYIIIVVIIIUNIIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN SERVICING GROUP c/o Faslo Solutions, LLC -- 1400 Corporate Drive CIVIL ACTION - LAW Irving, TX 75038 vs. BRANDON K. GANDY 229 W NORTH ST CARLISLE, PA 17013 Case No. Action in Contract AVISO NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse en contra estas demandas expuestas en las paginas siguientes, usted tiene veinte (20)dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita sus defensas o sus objeciones a las demandas en contra suya. Se ha avisado que si usted no se defiende, la cone tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demand. USTED PUEDE PERDER DINERO O PROPIEDADES O OTRO DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR TELEPHONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN SERVICING GROUP c/o Faslo Solutions, LLC -- 1400 Corporate Drive CIVIL ACTION - LAW Irving, TX 75038 Case No. VS. BRANDON K. GANDY 229 W NORTH ST CARLISLE, PA 17013 Action in Contract Counsel of Record for: American Servicing Group And Agent for Service Richard S. Ralston, PA ID 201967 WEINSTEIN & RILEY, P.S. 2001 Western Avenue, Suite 400 Seattle, WA 98121 CIVIL ACTION NOW COMES the Plaintiff, AMERICAN SERVICING GROUP, by and through its attorneys, Weinstein & Riley, P.S., and for its civil action against the Defendant for breach of contract respectfully states as follows: 1. Plaintiffs principal place of business is located at c/o Faslo Solutions, LLC -- 1400 Corporate Drive, Irving, TX 75038. 2. Defendant resides at 229 W NORTH ST, CARLISLE, PA 17013. 3. Venue is proper as the Defendant resides in Cumberland County, Pennsylvania. 4. Plaintiff hereby incorporates the above-mentioned allegations as though fully set forth herein and further states as follows: 5. On or about February 17, 2006, Defendant entered into a Promissory Note, a copy of which is attached as Exhibit A and is fully incorporated by this reference. 6. Plaintiff is assignee/holder of the attached note and is authorized to sue for its breach. uiui0,i 7. Defendant has not made the payments according to the terms of the Promissory Note, although demands for payment have been made upon said Defendant, and are therefore in default. 8. The present amount due and owing on this account is $12,973.78. 9. The agreement provides for an award of attorney's fees in the event of Defendant's default. CLAIM FOR RELIEF: WHEREFORE, Plaintiff respectfully requests a judgment against Defendant Brandon K. Gandy in the amount $12,973.78, plus accrued interest, court costs, and attorney's fees. Richard alston, PA ID 201967 Attorney or American Servicing Group WEINSTEIN & RILEY, P.S. 2001 Western Avenue, Suite 400 Seattle, WA 98121 206-269-3490 IAI?NIIIYIIIIIIIIIIIVI?NIIAIIIII?IINIIII??YIAIII?IIAIIIIIYII AFFIDAVIT OF INDEBTEDNESS AND ASSIGNMENT STATE OF TEXAS § COUNTY OF TARR.ANT § Before me, the undersigned authority, of this day personally appeared JoAnn Epperson, who, being personally known to me, stated under oath that the following information is within her personal knowledge and is true and correct. I, JoAnn Epperson, am a Manager of Faslo Solutions, LLC, and I also serve as the substitute custodian of records of AMERICAN SERVICING GROUP, the Plaintiff in this action. In such capacity, I am familiar with the transfer, storage and maintenance practices of both Faslo Solutions, LLC and AMERICAN SERVICING GROUP. The official business records regarding the promissory note account held by BRANDON KENNETH. GANDY, were transferred, stored and maintained in accordance with Faslo Solutions, LLC's and AMERICAN SERVICING GROUP's customary business practices. The attached Promissory Note is a true and accurate copy of the promissory note contained in our records and has been received, stored, and maintained in accordance with Faslo Solutions, LLC's and AMERICAN SERVICING GROUP's customary business practices. The statements and representations herein are within my personal knowledge, and are true and correct. There is due and payable from BRANDON KENNETH. GANDY, SSN# XXXXX3983, Account Number 0003100060, the amount of $12,973.78 plus interest accruing from the date of default, November 1, 2006. By the terms of the agreement between the defendant and the original creditor, interest is now accruing from the aforesaid date at the rate of 13.30% per annum. This balance reflects any payments, credits, or offsets. The Note is in default, which default has not been cured. The promissory note was originally executed and delivered to SOUTHSTAR FUNDING, LLC on 2/17/2006. AMERICAN SERVICING GROUP is the successor in interest to, or servicer for, ASG Fund II, Ltd., the owner of the note. AMERICAN SERVICING GROUP engaged Faslo Solutions, LLC. to service the account and has provided full authorization to Faslo Solutions, LLC to sue on the account, with full power and authority to do and perform all acts necessary for the collection of said claim. I confirm that to the best of my knowledge, information and belief the records of the original creditor transferred to the. servicer demonstrate that there are no uncredited payments, existing counterclaims or offsets against the said debt. Further, the records of this account show that AMERICAN SERVICING GROUP has complete authority to settle, adjust, compromise and satisfy the same. I swear, under penalty of perjury, the above information is true and correct. Affi t SWORN TO AND SUBSCRIBED before me on the J-day AIO& , 2a. s'1PeT I?j?"'6, C. SMITH Notary Public, State of Texas Notary My commission Expires rya ???? pas March 14, 2012 IIAYAIIYlY11MASIY?mIIIIpIIINtlY111111111111M 40929738 'Request for Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Service Members Civil Relief Act Pagel of 2 Sep-03-2010 11:19:04 Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency GANDY BRANDON Based on the information you have furnished, the DMDC does not possess K any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http://www.defenselink.mil/faq/pis/PC09SLDR.- If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 9/3/2010 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:VIDH87KBC2 https://www.dmdc.osd.mil/appj/scra/popreport.do 9/3/2010 Exhibit A 6 6 TW IS CER I IFf PE A TRUE COPY NOTE February 17, 2006 Tuscumbia Ault Cm 79 Timberline Drive. Russellville, AL 35553 rat pirrrA"*" AL swta 1. BORROWER'S PROMISE TO PAY In return for it loan that I have reccived, l promise to pay U.S. $ 13,000.00 (this amount will be called "principal"I plus Interest, to the order of the Lender. The Lender is SouthStar Funding. LLC . 1 understand that the lender may trenafar this Note. Ilia Lender or anyons who takes this Note by transfer and who is entitled to receive payments wukr this Note will be called the 'Tote Holder." LL INTEREST 1 will pry I itaett ai a yearly me of 13.300%. I nerem will be charged on unpaid principal until the fldl amount of principal has been paid. 3. PAYMUM I will pity principal and Imrem by making paymems each month of U.S. S 146.87 1 will make my psyments on the 1st day of each month begitming onApri l 1st , 2006 . I will make these peymeras avery month until l have paid all of the principal and Interest and any other charges, described below, that I may a" under this Note. If, on March 01. 2036 1 still owe amounts under this Note, l will pay all those mnonaas, In full, an that dear- I will make my monthly payments at P.O. Box 200010 Kennesaw, GEORGIA 30156-9246 or at a diftarert place if required by die Note Holder. 4. BORROWEWS FAII.URE TO PAY AS REQUIRED (A) late Charge for Overdue, Payments I f the Note Holder has not received the MR amount of any army monthly payments by the end of 15 calendar days after the date it is due. 1 will pay a low charge to the Dote Holder. The amour of the charge will be 5.000 % of my overdue payment, but not less than U.S. S 7.34 and not more than U.S. S 7.34 . I will pay this late charge only once on my late payment (11) Nodee from Vote, Helder If I do not pay the 1611 amount of each monthly payment on time, the Note Holder may sad me a written notice telling me that if I do not pay the overdue amount by a certain date 1 will be in defYull That date must be at least 10 days after the date on which the notice is mailed to me or, irk is not mailed. 10 days aner the dote on which it is delivered to me. (C) Weak If 1 do not pay the overdue amount by the dais stated in the notice described in (B) above, l will be In default iP I am in default, the Mae Holder may require me to pay immediately the fbll amount of pdneipsl which has not been paid and all the interest that I owe on that amoum. Fven if, at a time when 1 am in default, the Note Holder doe not require me to pay inumliately in full as described above, the Note Holder will still have the right to do so if I am in defluh at a later time. (D) Payarwt of Note Holders Coats mod Expenses If the Now Holder has required me to pay immediately in 1611 as described above, the Note I folder will have the right to be paid back for all of its costs and expense; to the extent not prohibited by applicable law. Those expenses include, for example. reasonable attorneys' fees. 3. THIS NOTE SECURED BY A MORTGAGE In addition to the protections given to the Note Holder ender this Note. a Mortgage, dated February 17, 2006 protects the Note Holder from possible losses which might moult if I do not keep the promises which I make In this Note. That Mortgage describes how and under what conditions I may be requited to make immediate payment in thil of all amounts that I owe under this Vote. 2105114828 100190821051148 ALABAMA - SECOtw MORTOACtE -1180 - FNNAMILUC UNWORN INBTRUUtNT Farm Slat r.M t «r .fall i rgALl tteerl vmF troatwae Iowa • r0401521•1191 ir.r. 10141?I? 0 . i BORROWER'S PAYMENTS BEFORE THEY ARE DUE 1 have the r to make payments of principal at any dme before they we due. A payment of principal only is known as a In e?Y "When 1 matte a prepayment, I wtlI tell the Note Holder in a letter that I am "S a. A prepayment of all of the tmperd principal is known as a " llril prepayment." A prepayment of only part of the unpaid principal is known as a "partial preplyf"M 1. I way make a fait prepayment or a partial prepayment: whhtat paying my penalty. The Note Holder will use all of my propayotems to reduce the amount of principal that I owe under this Note. If 1 make a partial prepayment, there will be no delays In the due duns or changes in the amounts of toy monthly payments unless the Note Holder agrees in writing to theses de4tys or clianges. I?me may make a wd at that a one off I dmn to make a partial cedhe Note Hold may ar may alsoer require flat the an to k t ?t an my monthly payments is due The y parual prepayment be equal to the arnoant of pmtcipal that would have been part of my nest one or morn 7. BO WER S WAIVERS 1 waive my rights to require the Note Holder to do cocain things. Those things are, (A) to demand payment of amounts due (known a "Investment"); (B) to give notice that tmwatms due have not been paid (known as "notice of dishonor"): (C) to obtain an official cenification of nonpayment (known es a '•peotest"). Myna else who agrees to keep rho promises made in this Note. or who agrees to stake psymems to the Nate Hilda if t Iltlh to keep my promises under this Nate, or who signs this Note to transfer it to someone else also waives these rights. These persons ate known as "guaremars, suredes and esrdorsers " >fr CIVING OF NOTICES Any notice that must be given to me under this Note will be given by doliveping it or by mailing it by certified mail addressed to me at the Ptoperry Address above. A notice will be delivered or mailed to me at a different address if 1 give the Now Holler a notice of my diffentat address. Any notice diet must be givat to the Note Holder wrier this Now will be given by mailing it by certified mail to the Noe Holder at the address stood in Section 3 above. A mania will be mailed to the Note Holder at a different address If I am given a notice of that differera addnas. 9. RESPONSIBILITY OF PERSONS UNDER THIS NOTE If mare dam one person signs this Note, each of to is fully and peesmnlly obligated to pay the full amount owed and to keep all of des promises nude in this Note. Arty rarahtor, sooty, or endonns of this Note (as described in Section 7 above) is aUo obligated m do these things, line Note HoWa nay enf2xa its riglhts atria skis Notes against arJt of to individually or against all of ns tagsdta. TMs mteath: that any exne of w may he tied o y aN of the amounts owed under this Nate. Ahhy person vvho takes over my rights or a6ligations trda skis Nae wilt haws all of my rights and mmt leap NI of my promises made in this Note. Any person vela tsites over the rights a obligotions of a guarantor, suray, or endorser of Chia Nae (u described in Section 7 abuvel le also obligated to keep all of rte promises mods in this Note. CALfI10N . IT IS IMPORTANT THAT YOU THOROUGHLY READ THE CONTRACT BEFORE YOU SIGN IT ! & i?j (Sol) Brandon Kenneth Gand -no no r (Seal) -H.rrawm (Seal) -marmxrr _ (Seal) -tiara" (Sal) -Narrower (Sal) (Sal) 'AWMAK .n.emlwer (Stgrr arightod arh) 2105114828 100190821051148 fft-tpALI tarp) ?ypewa Fenn 3201 (Scal) -mnnawa i 0 PREPAYb16NT PIANA1.7Y ADDENDUM TO NOTB 'chit Ptepr - itimltr AddaMam w Nos ("Addeedtaa") is rode this l7th day or February, 20M by dw u detsip ed (the "Hon*%vM in fwor or Sauhster Raiding, LLC ('Lealea"l Whaau, iteanowor siowhmom* herewith owned and delivered a p ostissory now ('14rce'1 to lender d UUMIN Harrower d Leader cis h w mite the Nate to provbla Poe a prepa) oent penally. In cceWderr(ar Im the psning nrthe low evidenea I by the Now, Burrower yrep m tWbny: 1. In WdH W notba carvansnts and q"aneste stets in tie Nose. Rarnswer Anther ooranaw end shat the Section in the Nara filled 'norrm & Wghi b PtwW or jWrmwsrs Payt0 Itwbre l ey Aha Due is ammulad so that Borrower epees to per a PnPayman ply as hIlows: Ywe Maus do right to make payatents of pmts d at any tints ken they we due. The payma s or priaelpel sully is known a • 1spwymwt". Wires UWa ethos a prepayment. We wit on the Now holder in writing thus I/We an km doing sou IS wbhin the fun 24 mtada lWkw % the dew of the Nate and the Security Imnwwu I"* motes a 14U proMmem or petal papsymam(s). Me will m the same shoe pry to the Note Haider a ptgnyment dmP. The pnpq„tem dogs wRi be egad to s % or any amass IrIll " oa the -w m of any Prapaymetd Mat when added to all abler moms (repaid during the twelve l l2) throe parind prep - the iM ormy pmpgmea, accmb twt,my paum (2016) of tk -A&II prinipal annum Of she Now. t . 2. I fa law which gpibm to this Addendum sod which seu nuxiwtum eks?es is Uadly ithterIet so dm ike chaps bnpaxd or collected In ommodion whit this Addendum rsdthe Related Documents exceeds the peendnd Rocks, tlra my such chins shell be reduced as wotxsarry to remain within the limit of the low. If cry provIs me ofdtis Addendum Is IrW to be In violas mm of say low. Men such provision dug be 4(wm IW( hares ad effect m the gdlsst seat peemhtsd by law and shell be emplaced wbb 1IrmaiiiiIIIiit du is enferoseldw ad which shell btn-a. Y closely as Me same m the xraredTwguapt and the momaderofMis Addemkn don be awdivN" ed m ifwdh wmm b ptwAsIrm were not camsleed to this Addoadaat, and the ri?n and Obligations or am owe, aid under ceder she remainder of Min Addevel m shill comae In ;M W. and o111ba 7. The We Is not aadi6al ca V as aasobd by ibis Addmdmn, All tams and conditions of the Pore rot in conflict with this Addadum shell tmmain in Itdl Ibra and efba. To the exhort sin the povisimu oribis Addsaiam w tatoaelmota mitt the provision, orthe Nola, the provisions of to Addm mm"p irmil aver red atpaxde say such inconsistent plovW m arMe Note. Hy sighing below. Bmrewa eeoepu and spec to that tern d mum eoaoined in this Addendum iWaR RHANDI ND. S)dr'rIiRIJNDERSIGNBD, (SPAT.) (SPAW (7a AD l (SEAL) (_On ad" 011W aosnaau ,aotwatwuasns Orient Nate Addendum to he returned with doahy padtap. Rj&-rPuu%M rnnwt.N. taw.aw"40 /t Here rtify This it A True Arff Ccrreet Copy Of The Original DecumOn[ Alabama acid Se vi es, Inc. I ' b'/'?.6rtify'rtlls - !? 1 A "*?• ' Correct C; Of Thl. -! DCi'.-ut'? Ala THUS copy MORTGAGE TIi1S MORTGAt1E is made ibis 17th A{NV 100190821051148283 2006 , beew+an do Geenow, day of Fand wife Brandon Kenneth Gandy and Aymee Gandy, husband MoAp11e M*Mwde RaBiM60 Systeau. Inc. [-MFRS'), (solely n n miaea for Laden, as hominafl.r)dalhoe,4 and Latch's nweeoM and maiBee). MFRS is avenind and atistitng Oder dw lava of Ddawerq and has so oN eve and "l plrlee member of Ra Bout 2026. Flits. MI 48301-3025, Id. (81111) 679-MGRS. SouthStar Fund Ing. LLC Welling under the (eves ofOELANApE ('Pander) is gpoised and 400 Northridge Read Suite loon Atlanta. GEORGIA 30350 adhaswaddtessof WIiEREAS. Bgrower is indebted to Lamer in die principd sum otU.S. S 13.000.00 whidr indelledness is evidenced by eomwiers note deed Februa ry 17. 2006 and cuenslons ad mnew s f? • ? -}, povidini ft mootkly iRatikne w of prinaipd ad kftrm with the balance of the ice, if not Po"We an No rah 01. 2036 TO SSCURE in Loa deedo repayment of the hk biedneer evidenced by tin Note, wish is wcm dwoorr do payteem or all other muns. with brand thereon, t+dvw ad in acwnhu a banvkh to protect the unwhy or this Margw. and the Perfomom of the eovow and sp maerds of Borrawar herein cceabirtsd, Bmrowa does hereby gram aid cohvey to MEW (solely as anmkm far [A%W ad Lender's summa and =Wu) and to the srtooeaaors and saipla of MW. , with poww of sale. die 6n0owing described p vpaV locoed in the Com W of . Franklin . Stab of Aldmw. See Attached Exhibit "A" %Wehhasdetsdlkessof 79 Timberline Drive ?••1 Russellville 1041. Alabama 35653 CUP Cede) [-property Addrae• TO HAVE AN') TO BOLD Asch pope r Onto MFRS 4oldy as nominee Ax Leda end Leoddes oreevesos and assigns), and to tie mo=mmrs and asopts u[ MARS, faeva. "aber akk aB the arprovem ono raw or haaafta aoood on the popOy and Oil 1 -0 ? ri*rls,appr1e and rags, all of wbich shah be deoned m be and raasin a pat of die covered by that ManRap; ad d! If 111"fingaing, -,ii er wkh said is on a lamebold) are haeinnAa rsfared m as *w • 8onowa art popty (or the Immethold comer If std: and tpee? do IERS hhol?ds only lids b the is WIM panlsd by Bonnwer in We Mq big. if es to eteapiy Wilk law q eusme. l6flum naathnlm Aar lwnda std Lsttders satasnpors and aesi/esk has 61k to any err dell of drone inMraae, fialtd , iNg brace ILn W err. the dilk to lbeabse and sell the Pyopaatir; to fife say acum required or Leader indudit but not t% essktg or toweling this Mom Bonswer Covenants aka Ro moww Is Gtwfi nosed of the estme booby conveyed and its dw doW m due a4 e? for ??s ef?w onowmwqW pm and a Bova imes do B err wsrrv and wad d etad 11akrally tie no ao the Pon &, I'roPMY olledw all manna wd deasaads, tanb)ect to ateuobrsmees of UNIFORM COVMANTS. Boar mw and I cinder coven and no" es follow= 1. Peymmul of Principal and lateral. Borrower Anil pmap yt! pay whew due the Vineipel and We= IaWdftdnys evidenced the Now and hoe chuges as pmvWW in dw Nom 2105114828 ALABAMA - aEGa101tpRTr,AC,E • 1Jaa . a'aYApNLYO Uel/DRY INaTalrtigNT ta1TM YlRa ? /f ? `1'? . at"NIAl l .wp.el ,'s'r d' m Fors out Asended Lai 41 it 1 Foods far Trims mail dreamers. Sobjeet a ap(dkcrble haw a a *risim wain by Lender. Aotta+,a shill pay a Leader of tins dry t ably payments of prineipl, and inn- I arm psymble under der Niue, MM the Nam is (Heir "Furdr? 00 ow-twelAh of do rats: end sawroerrte (inched' eondomitiuar ? its ML planned at development , it ) which sepia pcioriq am dds Moetp?e am an the, ft iparry one4welft of yarly pmmm eauHmema Lar harmed inwnr e plan oro-twdAA of yearly p ?ium •?itr ?y pia atpratere, Maigr. alb mm rommoNy a tirarud initially and Ave tune to data by Leader- m der 6ais of wemaem and mortgage rmmmbls mMUmmum bills and tbersoL Boemwer ahll not be obligated to a11ca such I--& erha of Punds to Lender a than ream due Bwroshwe rata smeb pymems a the bolder aft prior mortar w deed of sane if suoll holder is at institutional under it Burrower Fads to Le dw. do Fords slid be and a an iaa»ludon she deposits or meooaw of whith are canted or Fttanawd by a radIml or shoe mommey 11i,rdmha0 Leader if Lander is sub an inst ionj LoWer shall apply that Funds to day Raid arermatterea, ialaan0e and reoa. Emoted add dare Ibr so lalrii>j and a?IyM tha F the ft* inds. arnly?dttd meld aaooaaa or verI am tifamalsra =1111, wipe Leader pqs Bom ma (maser an edoeaurion and raj Mic kw panpittr a Vecliorge. 8arewor sad Leader may app in wdtirt0 at the dine of artgsgm that 'ate on du Funds shall be petal to Borrower, and unless such is mode or ?a?plkmbk law maladies sueb inseam to be ppaaad?, I.etder sM rot be rmgoired to pay, Aodrimm, any imam or verve. on the Euawds Leads an of .r alaB to Arrrowm withoutddnliottalamttiu and dWo to the Funds and t !! I -am, second to Purp se Aw which emcb debit a tbr w anmmda Trio ds we pledBod as security for the suns by me p ftm of 1 the eatomt z. Foods edit by Lader. together war the Aimee moodily buWanons of Finds pM* prior to the due >a . irnsurance premium aid fRaad }ems. stall exceed to tannattt requ(isd to pad said taxes, onsomau; immearice premiums and pared rests am theta fill dw, such erase shall be, to Bwoww's artier repaid to Borrower or audited to 9oemwer as ttnaddy autaBaenu of Funds. If the amount of the Funds- hilt by EWr= am be wAkbo a piny mms. wesaeata. itwaadhF a pemimas nd pound mow they f dl dtu, Burrower shaft piny a iAnder try rrnarrne nepsmmmay >a realm y?i the tlNkieaey at oa err era art Leader rimy two UPM payraau in Add of aU ems unwed by this ManptOer slap i>romFdy rolled i Borrower my Funds held by i drah?r prgraph 17 iuereo[ t(r: or use Ihapeny is ottueewise required by Cecile (.mailer rill apply, no low than aatim- y prior to ale sale L=IvssWd or on sogeumkmot by Lander, may Funds bdd by ?.eader at the time of applications as a c"t awiart the man secured ?m Applhrsdan at Fa povida al6awiae di plume mowed by i,ader under the Now amt l and 2 hereof shill be by Lioder flea it of mmoumn pmyatr6 to Lader by Barrow under par p 2 terror, that a kmerat payal on do Neer, end data to pieprsrt?y? orthe NNaootee 4. Prior MortMOes and Doods of Treat; Ckarga; Liar, Borrenata elnB pwfwm all or Bormwees otAismica under may m wlgyr, deed of rude ar odor mwucg: an with a lien whack has prioNq owe this MoryaOe, inchnfin Boeeoaeds cvvaraants a miler ?yam?tr what tar. shay pay err close a be paid all poop. mamonems and rtes relft nint*aaaarts "bubble to tie HnRuerty which may sale a priority over this M~. and aasshld pmymena or pqutd i I mad Irsmrsnea Borrower small tap der now axis liu0 or bersalhr erected an the Ptopoily kntr ed again loss by firs. kaaards includad within the win weended aid such other Iwo. r as Lander may require and in soeb mmrr , a and lbr much periods as Leader ny Tim imtranos carrier provWbrg the ireuaace?bs dnoaaa Illorroww at* to murk mPF*M shall not be meaatabty withheld. AN iaRrsocs p*I a and renewds loosest YwN be to a lbrin aloe p bletoto Lanier end shall include a stanedadd mortgage dame in dear of and Is a Ibadh socalable to Larder. Later shelf hove to rijlht to hold the pdkw and reww ols thmaef, subject to thm teeter ormay, momtppe. deed of ttwt or other security sipsere ms with a lien wdhidh its priority ever this M in die meant of lose, Bndower sk gkw prrcoipt moos ate insurance eariet am( Imidw. Leader my make praoror ku IPan made y by Borrower. If the is shredmnad by Borrower. or if Borrower Gdi to respond to Lender within 10 days Aom the der ruder is m ODOM and V* all by Lanier to Borrower AN the imumee carrier Mm to soda a dram for insurance bwaft Leader is aaharisd to dim game prueeads M La ds's option ekher to ratoretion ar repair of the Property or to the sum seated by this Monpipt. 4 P?eserradim and Maintenance of?ro(herty; Leneksdds; Condominiums; Finamed Unit Developments. Renewer shad keep der Property it jood rapine and I?f roof_ "omit wade or permit fimpaans? , or de erkm do n of do Poverty and m? comply with do provisions at any lemma krtris Mores a of a Ioasdmld. Irdiris Mortgage is an a unit in a e oa ' m err a ptarruad true aavmlplmnesx. flarrnwa sia(1 Farther cif oT Bpnot?rs boy d or pventeg ors eohwitriaiean or plaraed unit devehupnmr, the by-laws repdaiio s of the c?omdcmn'Mpeun orpiMned?ia hi dovdapnent and aoraiment document: 7. PrOulf s of Leader's }kemrily. If Bonuwwr fails to prlbrmt the eovcase and pn"man wmdn d is fit ar it say actin or proems, w eormmsteod whidh amewisily, ones Leader s konnst 5h the Property of dati upon otilla to Borrower, may male such appearances, dab urn such musts, inchding PW= dm Lahda, Peas, moil rate muck xdoo a is nwommy to ptotmat i.ardds hostm If Lender requited morip p memories u a condition of :a. the loan assured by this MorM Bornwor thail gamy the Fnamirm amgai .4 is adman each insurance It elrta anvil recce ame - the raquirarnent'ibr srt:h rannrsem Mmimus in aaaardahuea with Borrowers and Lemdefs written apieenON or applicable law. prem Any mamma disbuemed by Lender pte to this . I Ulm 7. wM Botrowv OW I at the owe two. sholl of f bmemrc sdJaiond audmbmRloes? Of BorratMSt secured by this agree a Otlkt ternm payment. mat amotm doll be payable upon medics 6mm Leader to Battesrer teqaema4 payment tbeved.. Nothing a any ikmed is this pargtmph ralukae Larder to roar rely teghelas winks any aetirtt Ierehmhder. tut L Inspaldl a Ladar may mate or east a•bo made near blf entrI upon and atspoodom of the Poo i erar In rite a Domr*w notim P? a any such lnspeotmoa sM*ing reasonable caws thamfor ri ro l.am ceS d ins Plopony. OL Condense" The proceeds of any award or chin fr damages, direct or conseqwgraial. in carrrden with any ea and dull >dmem be aa or other initial of On PaOerty, or gam dnereol. or for it lieu of conder=me-no paid to Lenda. muldoet to tie trams of my mwilopa decd ac other has priority ova tail ?' I& Berwwer ;41 B imsdt Forbearance By Leader' et a %Vahvee' Fjttamiat of do ti oe Par pryrumt or modifoom t or Matmtiot of nix eats second br this Marrpga gemmed by Larder to may w0cem w in ihuarest of Burrower elan as opama to rdwe, in any aroma, the leahilay or efkiee argpw Boaroww and Bons amessm in interest Leader shell net behmq?d W aatwmaoe Pm d?+ "ohm Rich women I a ralbae a wand time tar prime s or odumvise mods rmordsetiem of do muasa aoound by Otis Mortggyysa t remain of any demand made by the eti iral Boreewa and Barravreft successors in kmam L Any ftrbaraee by Linder it on" say rye ratody hereunder, or oterwhe aifaded by sppfiable law. *Ali not be a waiver of or pdoehtde die exam of any such right or ntnady. 2105114538 at?Ia(At) pror,,er Me.:a. wad U 4 ? ?1 ?anh 3801 1T? It. Screamers end Assigns Blamed; Jaime and Several Lloblgtyt Co-dpers. The tovemoss and adreorments lwwn Cmahwd &W bind, and the rigles haamder shall inure mis die rcgmdve sucassu s and =signs of Linda and Bamoaver, subject to the plovwoa of Forop"Is iK havot All coven- and agreements of Borrower shell be joint and savant. Any Harrower who co-eips this Manpge, but don not arum *a does, (e) is co-silidng the Mort,ge any to noetgeille, pent ad can'sy drat Sommor's ieterea in the Property to Leader order the tarots of this blar%W (b) is out personally liable on tM Note or under this Mortgage, and (c) apse dust Lander and any other Bonmwer berounda may apse to eatsd, modify, 16rtme. at make any othar accommodations with ragnrd to 'die teens of this Wittier or the Note witAnet dut Bom mall ewtseat and witim adeaimi that Borrower or modi&* this Mortpga a to that H mrowees hum In the Propaty. @xaePt Cog ay ttoeiee nqubed under applicable law b be given in aoadwr mumwr. (m) any notice to Lfarrohew phvrided for in this Mortggr =hall be given by defivautg it or by nailing =it oaten by ctmdtied mail addressed to Aarrwaw d due hapayr Address or etsuch utav s 11 4 -as llmrower may doidga a by notice 10 l coder as provided herein. and (b) any aloe to Lender droll be given by oeMBad dud to Undoes oddeou olnad heroin at to each other aldnyp a Leeds may dedpae by notice to Borrower as provided herein. Any notice provided ibr in this MwgM shall be tamest to him been give m Barromw of Lender when Skm in t ho aim= designated hetebt 11 Governing Law; Sarerrbgk•. The sate end local hears appiipbk m this MwWp shag be the leers of the jurisdiction in which don Propa cy is loealed. The hcgp ng Menem shall rot limp the appifeabilky of fedord few to the hlortgege, in the mot that may provisimh or edmse of dtis Mortpp or the Note codim with oppfieabh law; such canBip "I tat died other provisions of sits Main" or the Note which can be girea effect without rte cottietithg pooisiorh, and to this end du ptovisians of this Meatpge and the Note are declared to be seveebuh As used haein..cats,. 'exposed' and *muunoys' lbes' include all sums to the examd not ptnbibised by applicable law or limited bercin. li. Marrowsrs Cep;. Borrower shag be Ravished a conformed capy of the Now ad of this bfutgoe at the time of execution, or aRer neetMatior haent Id. Rehabilitation Loam Agreement. Bonohwr $bell Will ag of Bonowers obligations under any home relabiliatrsm, haatwemmt, tgWr, or otbef loom apsem ose which barrows eaten into with Leader. Lander, At Lemleft axon, may raquira Ramowa to smaculst and deliver to Lender, in a form aateptabfe to Lard r. an aaighrnam of any rights, claims or defenses which Barrowor may have opera parties low supply labor, mme do or arricea in awmection w iii nmpro vemortls made b the property. I& Trpeskr of 1be Properly or a Beneficial Interest to Renewer. Lf og or any put of the Property many immsest in it is sold or namlemed (w if a beneficial imam in Harrower is odd or nerafirmd oral Ilwoaa it not a mound penoo) with" Iandees prior wrinen comma, Lander may, at is option. require Immediate pmynaot in IWi of all was seotrsd by IMs M however, this option shall on be exercised by Lender if exaci a is prohibited by faderal law as of site data of this Mongaee. It I eta I evacisas this option, Leader shell give Itormwer sodas of acceleration. The notice shell provide a period ornot lm dust 30 days Awn the due rho actios is dolivarsd or malted ea'Ift which Batowa must pay pp mate secured by this Mongapt. If Hmrower fails to pay these am prior to, the expirstiah of this period, Leader may invoke any remedies pandw by this Matep®o: without Audher notice or demand on Harmer. NON-UNtRORII COVENANTS. Borrower ed L. mdm fnhe eovc.w and agrca a faIlowr 17. Andersdah; Remedies, Eeeapt as provided M paragraph ti herva4 upon Baenwer's breach of any eavemeat or sgrameot of Borrower in this Slovenage, Lneled(og Ike covenants to pay when doe may scow sacred by 96 Me 'Wit, Lander prior to acceleration shall give entire to Borrower as provided in paragraph 11 berverspetifyhhg: 11) the breach, (2) the aetan required to core such brvechi (3) a date. not lea than 10 days from the data the wire is mailed to Borrower, by which each breads most be toad; aid (;) that fkllmn to care such breach an or before the dale spadbd in the antes may ranlt In acceleration of the sums secured by Ale AfwVW and sale of Property. The notice shell farther inform Borrower of the right to reinstate alter accaleratem and the right to bring a court action to assert the maninlstence of a default or any other dokoso of Borrower to wMendaa and sale. If the brash is nel cared an or before the date specilled in it* notice. larder, at Larder's optut, may doctors a0 of the seats secured by this ltartgegs to be Immediately doe and payable wilbew hrther demand and may Imrebo the prwsr or sale and any other reawdles permltad by applabb law. Lander !hell be eadded to edbet all reaanabta costa and apenses Incurred In pursuing the mmedia provided is this put oW ph 17, toddle, but ant limited to, raaamable sttaraays' IkL If Leader hwokes the power of sale. Lender shell nag a copy of a satee otsde to Borrower to the manner provided In paragraph 12 beroef. deader shag publish the notice of sab ease s week for three connote" wceb in same newspaper pubMabeelis . Franklin County. Atabaam, and thereupon shall sell the Peuperly to the highest bidder of paNk soettem at the boat dear of the Ca=sey Cawrtheasa of said Count. leader shag doliver to the pmrcbmmsr Landers deed conveying the Property sus sold. Lender or Landers dad" may purchase the Property at any sale Berrewer eavmaob and agrees tat the proceeds of the ate abdi be eppgd to the Mlowlag ardor: (a) a ag reasonable case and eels of the sob, ineludlag. but not lindied ea, ressamew Boerne", ices mud Has of title reldeaeet (b) 1e ell sons secured by this Mortgage: and (c) the tseess, if any, to the perms. or perscas legew edded Ibarato. IL Harrowers Rlgbt to Reiesatt: Nawitrmndntg Lenders aaeakmebah of the sass secwrd by this MortiM due to d' Hommat's branch. Banower shored have the rigM to have any proapdinge baps by Lender to anfie this Mn"" scortiosmst at any time prior b due earlier to c1c.- of (r) the RAh day beaus ads orthe Property pmusmsm n tiro power of emit torched in the Mmlgngt or (h) Cary of a judgment enforcing this mlotpitc it. (s) Borrower pays Lender ag soma which would be then dim snow this Mcetpga and the Note had no accelanal t occurred; (b) Burro vor mums all br eaeues of any otter eovawft of apasmeents of Borrower aamsited in dhs h&w% , (c) 8onower pmt's all rue Me expanse incanted by Lander in mho tg dw awasnn and otesmens of Hormvwr eootainod in Luis mortgage. and in ealbecing I.ahdds remedies a Wevided.in paroaph 17 hac4 Wcl dmg, but no limited tp, ressmrobie attorneyie fare: ad (d) Blatrpwu tares such action as Lender may reasonably raqube to assure due the lien of this Mortgage, Le ndoes imterm in the Property and Botmw sr's obligation to pay dw sums secured by this Mottpge shag txntimW tmiotpsired, Upon such payment aid are by Borrower, ibis ortgsgs and the mbliptkmn soaped hereby shall tame in Aril fonro and effect = if no na* mtm led oceured t!. Amignmemt of Rents; Appointment of Receiver. I-coder k Possssdem As additional security herammder, Becrower hereby astips to Lender the mints of the Property. provided that Borrower shdl. prior to acceleration under paragraph 17 hereof a ob ndormmet of time Pmporty, lave the rot to exiled and resin such mess as they becemme due and payalk 210511828 ?rargy vin.:.., PW3Mm tams seat r Upon weelerstion order pampWk 17 hereof err absuirahmt tithe Property. Lender. is I aon, by egos or by judicially appoinhsed tm fiver, shall be amide l to attar upoe, uke poweeeion of ad manage the Property nod W collect the rents of dw hop" laeludind drone past due. All corns collected by Lender or die moaiver shalt be appeal first to p rpow of the casts of mmwwasa t of the Propww ad collocuons of reft incluft but not limited uk reeeivees feu preetiuas on recaMses bands and rtasoeable nuumgs! tea, sal than so dw sums secured by this Moetpge. Lender said the hpiver sha0 be liable w aeeorm only far these cars wanly adved. 10. Refuse. Upm payeaer of WI sums uturid by this M*1M alas Mor" shell became null and void and Leader *40 rdaw thus Moryptge wiilmet clhwp to Bottm4w. Ilwnwer shill pay all em of recordation, if my. 21. Wateer of if sestead. Dwer and Canted. 1lotowsr lweby waives all dou of homeaead emnoption in the Property trod relienuisbes all tWx of dower and eurnsy in the hops q. REQiJWr FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPRRIOR MOMACPS OR DEEDS OF TRtWr Harrow and Lader request the holder of say mwgw deed of bum or odw amumbraw with a lion which has priority over this Mwtpp so give Nodes to Lender, at 1.1d address at &A on page am of thin Mongrge, of any dafalt umber the wperiw emmilarat es and of my sak or other hecdosow aedon IN WR'NFSS WIIBREOP, Borrower hp enteaaed this Mwgw Signed, salad and delivered is the . 0- 41, ' (Seal) Brandon Kenneth Gandy A () •tenaMs --- (seal) •tteaaner (ssan • kn~ (soh) 4hWo ear _ !seal) •ttsrnrer rseatl (seal) •aermuff (sip u?181„31 OWN) SiTA•t'IS OF ALALum, I.-, Canq sat on this 17th dry of FaDruary. 2006 I Brandon Kenneth bandy ??Jrs's 1j?' S. x060 a Ninny Public' and lbe said aomuy and in said , har.by cady that 44-7Y. fwegeint c nveyanea, and who Were brown to nee. aekwmedged benhre me that, eanvfYmee. bdJbddtey eseehrad the same voiuntedly and of hisbaehheir act on the alts (liven under my hind and anal otofte this 17th der o7- r My Commission EVk Nerq canal ??lklLYli D"'a=SiS.? dTt t ? + Whose name(s) we" signed to the bein. x inkemed of the coerems of the the same bases dace. 71tis $hsutetherr ws prepared by Lynda Clark 11000 Westaaoor Circle. Itestainster, COLORADO 2105114828 tkroyatl, unAv ?y.1w, r 17 Mf poem 3141 • 6 PREPAYMENT PENALTY RIDER Thb Prepsymem Penalty Rider ('Ride') is made this! 71h day of February. 2006 by the undersigned (the "Borrower") is favor of SotuhStat Furling. LLC ("Lerida') 1 Uto Lender or olecutcd eve Band a ivered a mortp?e' deed of oust, or security Whereas. Borrower and Lender wish to revise the Swurity Induument to provide for a prepayment penalty. in mmideration far the ruling orthe loan seamed by due Security Insintment, Borrower Wars as bllows: I.In additima to the covenants and sipements made in the Security Irotrwnent, Borrower Autber covenants and spew as Mlowe; Wale have the right to mate paymenu of principal at any time before they arc due. 'fhe payment of principal only is known as a -ptepnyeace ". When I/We mak a prepayment. UWe will tell the Note Holder in writhe that Wye mohue doing so. If, within the f cat 24 months b8owing the due of the Now and the Security Instrument I/We mske a Adl prepayment or partial prepayment(s). Me will at the tame time pay to the Now Ifolder a prepayment charp. The prepayrnew Charge will be c*W to 3 % of any amount prepaid on the amount of any pnpoyment that when added in all other anbotamts prepaid daring the twelve (12) rmegIt period preceding the dale or pore in (20%) oftho orloW pdndpal amount ofrlte Noe. any Pam, exceeds twenty RECORD PREPAYMENT PENALTY RIDER WITH SECURITY 1NSTRUk!r::*NT If a law which applies to this Rider and which sets nwimum uwrgas is Meetly itrapeated so the the ehe" imposed or collected in connection with this Rider and Use Related Docwmu exceeds the Permitted limits, than any such dwr shall be reduced as necessary to remain within the limits o f the law. I f any provision of this Ride is a be in vWalioo of any law, then stub provision shelf be given Aril force and effect a the Adlest easels permitted by law cad shall be roplnW with hngtapthat u eaforceable and which shall Mae as closely a possible. due saga waning as the savetcd?, and the remainder *(this Rider shalt de construed as if such une tforreabie provision W., cauaiued in this Rider, and die rights and obligations of Borrower and Lendw water the remainder ofthis Ride doll casimus in itUl fans and ettia. 3. The Security instrument is not modified except a amended by this Rider. NI teams and conditions of the Security Instrument not in contlitx with lib Rider shall remain in ildl ktree and of Peet. 'To the extent that the provisions of this Rider are inconsistent with the provisioas of the Security itrsrbmnent, the S 7 provisions of the shall prmil over and shall supersede any such inconsiswor provision ofthe By sipiag below. Bomwmw aeoepta and agrees to the terms wad covenants contained in this Ride. GNED. E4.' THE 1 ) ND Sj OF TIM jA (SEAL) Ga ndy SE AL) (SE. L) Man 0doiru+o1 stastt4a:s toot9oatuatt? Pprreepissynmatt?Penalty Rider to he recorded with Security Imslrament. PPfMifdrr?.tJFF " RIOrr 0twe. oM.27-0e} . SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor . a~ ,is :~~. ~aanlr~r.~ ~ ,,, 1 /Ll _ _ ,: .,_: . _ _.~ .. , _, I S _~_,, :... ~- . . ij . ? .,.. ._ . American Servicing Group Case Number vs. 2010-6210 Brandon K. Gandy SHERIFF'S RETURN OF SERVICE 10/04/2010 02:50 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on October 4, 2010 at 1450 hours, he served a true copy of the within Complaint and o ~ce, upon the within named defendant, to wit: Brandon K. Gandy, by making known unto Aymee Gan ife of defendant at 229 W. North Street, Carlisle, Cumberland County, Pennsylvania 17013 ~~ co~ t is a d at the same time handing to her personally the said true and correct copy of the same. ~ ,DEPUTY SHERIFF COST: $33.40 October 05, 2010 SO ANSWERS, _ ~~ RON R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN SERVICING GROUP PLAINTIFF vs. BRANDON K. GANDY, o DEFENDANT -a w roc - NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENTSr, <o TO: BRANDON K. GANDY - 229 W NORTH ST ,, - _ CARLISLE, PA 17013 4 `n c CIVIL ACTION - LAW Case No. 10-6210 DATE OF NOTICE: t bc??a 2 '2011 IMPORTANT NOTICE C-11 a? C) r" -?T'Z 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 2011 Richayd S. f Won, PAID 201967 Attey ,fdr'American Servicing Group W TEIN & RILEY, P.S. 2001 Western Avenue, Suite 400 Seattle, WA 98121 206-269-3490 I ??s?ANUMWMi?w??i?NiiAiAiAi?iinunumuaiiuiMii 01milGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN SERVICING GROUP PLAINTIFF VS. BRANDON K. GANDY DEFENDANT CIVIL ACTION - LAW Case No. 10-6210 NOTICE IS GIVEN THAT THE PLAINTIFF, AMERICAN SERVICING GROUP, HAS LNTERED A DEFAULT JUDGMENT AGAINST BRANDON K. GANDY IN THE ABOVE- CAPTIONED MATTER. !Aqal) I &,Szz- PROTHONOTARY BY: OF CUMBERLAND COUNTY, PENNSYLVANIA D IF YOU HAVE ANY QUESTIONS CONCERNING THE ABOVE CASE, PLEASE CONTACT: Richard S. Ralston Attorney for American Servicing Group WEINSTEIN & RILEY, P.S. 2001 Western Avenue, Suite 400 Seattle, WA 98121 206-269-3490 I?IYNNANIgRII?INI111WmII?M1111111111?I111R1111 C.....__ 40928738 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN SERVICING GROUP PLAINTIFF CIVIL ACTION - LAW VS. .., Case No. 10-6210 ; BRANDON K. GANDY, P ,-I CF7 ryl ? I DEFENDANT ; c 1 PLAINTIFF'S PRAECIPE FOR DEFAULT JUDGMEN -C c ,v C) i a PURSUANT TO PA. R.C.P. 1037(b) c, TO THE PROTHONOTARY, COURT OF COMMON PLEAS: Enter Judgment in favor of the Plaintiff and against the Defendant, BRANDON K. GANDY for failure to file an answer to the plaintiffs complaint for breach of contract and in the amount of $12,973.78 computed as follows: Value set forth in Plaintiffs complaint $12,973.78 Special Damages as plead in complaint $ Sheriff s Fee $ Prothonotary Filing Fee $ Minus Amount received from Defendant $0.00 TOTAL $12,973.78 It is certified that a written notice of intention to file this praecipe was mailed to the Defendant, BRANDON K. GANDY, the person against whom judgment is to be entered, there being 40928738 OLA+ SIL100 ed a/?_ Ck At 1104 3115(0 a,4 ,9577F5 C u- Lw no attorney of record, after the default occurred, and a true and correct copy of the notice is attached hereto, and that it was mailed at least 10 days prior to the date of the filing of this praecipe. f Marc h ?L5 , 2011 Rich lston, PA ID 201967 Atto ey r American Servicing Group W EIN & RILEY, P.S. 20 Western Avenue, Suite 400 Seattle, WA 98121 206-269-3490 AND NOW, this ? \ day of AQV 1 , 20_Aj_, Judgment is entered in favor of American Servicing Group and against efendant, BRANDON K. GANDY by Default for Want of Answer and damages assessed at the sum of $12,973.78 as per the above certification. PROTHONOTARY BY: -?u MI It I . d DEPUTY 40928738 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN SERVICING GROUP PLAINTIFF CIVIL ACTION - LAW VS. BRANDON K. GANDY DEFENDANT Case No. 10-6210 PLAINTIFF'S CERTIFICATE OF NON-MILITARY SERVICE PURSUANT TO 50 U.S.C.A. APPENDIX 520 1. I am the attorney for American Servicing Group and I make this verification upon the default in appearance and answer by the Defendant BRANDON K. GANDY and I am authorized to make this certification on behalf of American Servicing Group because of my position as its attorney. 2. The records of American Servicing Group indicate that the Defendant resides at 229 W NORTH ST, CARLISLE, PA 17013. 3. BRANDON K. GANDY has not indicated that s/he was presently serving in the armed forces. 4. I verify that I have sufficient knowledge, information and belief as to the truth of the facts set forth in this verification of non-military service, and that the source of this knowledge, information and belief is reports, records, interviews and data compilations kept in the course of regularly conducted business activity of American Servicing Group as well as my own actions, and I therefore conclude that BRANDON K. GANDY is not in the active military service of the United States of America. I understand that false statements herein are made subject to the penalties of 18 Pa C.S.A. 4904 relating to unsworn falsification to authorities. ?Aa-vck 2-5 ,2011 Ri S. Ralston, PA ID 201967 A orney for American Servicing Group WEINSTEIN & RILEY, P.S. 2001 Western Avenue, Suite 400 Seattle, WA 98121 206-269-3490 IhIIIIMhINMNIII?IIBII?11111111NIAlIMII?IIIIHIIII?IIIRll11? 40928738 Request for Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Service Members Civil Relief Act Page I of 2 Mar-24-2011 11:52:30 < Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency GANDY BRANDON Based on the information you have furnished, the DMDC does not possess K any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). A1131)4. , 4 A it, 404"- Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http://www.defenselink.mil/faq/is/PC09SLDR.htm1. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 3/24/2011 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:9TS I L71895 https://www.dmdc.osd.mil/appj/scra/popreport.do 3/24/2011 Request for Military Status Department of Defense Manpower Data Center 10 Military Status Report Pursuant to the Service Members Civil Relief Act Pagel of 2 Mar-24-2011 12:05: 1.1 +K Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency GANDY BRANDON Based on the information you have furnished, the DMDC does not KENNETH possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). rte, IM Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http://www.defenselink.mil/fact/R is/PC09SLDR.htm1. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 3/24/2011 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCR,4 is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:T7QLLFUHI5 https://www.dmdc.osd.mil/appj/scra/popreport.do 3/24/2011 AFFIDAVIT OF INDEBTEDNESS AND ASSIGNMENT STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority, of this day personally appeared JoAnn Epperson, who, being personally known to me, stated under oath that the following information is within her personal knowledge and is true and correct. I, JoAnn Epperson, am a Manager of Faslo Solutions, LLC, and I also serve as the substitute custodian of records of AMERICAN SERVICING GROUP, the Plaintiff in this action. In such capacity, I am familiar with the transfer, storage and maintenance practices of both Faslo Solutions, LLC and AMERICAN SERVICING GROUP. The official business records regarding the promissory note account held by BRANDON KENNETH. GANDY, were transferred, stored and maintained in accordance with Faslo Solutions, LLC's and AMERICAN SERVICING GROUP's customary business practices. The attached Promissory Note is a true and accurate copy of the promissory note contained in our records and has been received, stored, and maintained in accordance with Faslo Solutions, LLC's and AMERICAN SERVICING GROUP's customary business practices. The statements and representations herein are within my personal knowledge, and are true and correct. There is due and payable from BRANDON KENNETH. GANDY, SSN# XXXXX3983, Account Number 0003100060, the amount of $12,973.78 plus interest accruing from the date of default, November 1, 2006. By the terms of the agreement between the defendant and the original creditor, interest is now accruing from the aforesaid date at the rate of 13.30% per annum. This balance reflects any payments, credits, or offsets. The Note is in default, which default has not been cured. The promissory note was originally executed and delivered to SOUTHSTAR FUNDING, LLC on 2/17/2006. AMERICAN SERVICING GROUP is the successor in interest to, or servicer for, ASG Fund II, Ltd., the owner of the note. AMERICAN SERVICING GROUP engaged Faslo Solutions, LLC. to service the account and has provided full authorization to Faslo Solutions, LLC to sue on the account, with full power and authority to do and perform all acts necessary for the collection of said claim. I confirm that to the best of my knowledge, information and belief the records of the original creditor transferred to the servicer demonstrate that there are no uncredited payments, existing counterclaims or offsets against the said debt. Further, the records of this account show that AMERICAN SERVICING GROUP has complete authority to settle, adjust, compromise and satisfy the same. I swear, under penalty of perjury, the above information is true and correct. Affiffit SWORN TO AND SUBSCRIBED before me on the J- day ofm '200- ()SYWA My Commission Expires 111111111 Hill Hill 1111111111111111111111111111111111 IN Hill 11111111111111111111 Hill 1111111 40928738 C. SMITH Notary Public. State of Texas Notary %',;=e?Match 14, 2012 1Fk8 ? =!2T 6E A TRUE NOTE February 17, 2006 Tuscunbia AL vale I:* sup 79 Timberline Drive. Russellville, AL 35653 Prop" ALOOM 1. RORROWER'S PROMISE TO PAY In rsturn for a loan that 1 have received, l promise to pay U.S. f 13.000.00 (this amount will be called "Principal"), plus Interest, to the order of the Lender. The Lender is SouthStar Funding. LLC . 1 undemand that the Lender may transfer this Note. T'fhs Lander or anyone who takes this Note by transfer and who Is entitled to receive payments under this Now will be celled the "Note Holder... L INTEREST I will pay intense at a yearly rate of 13.300%. Interest will be charged on unpaid principal until the full amount of principal has been paid. 3. PAYMENT'S 1 will pay principal and Interest by making payments each month of U.S. S 146.87 I will make my payments on the 1st day of each month beginning onApri 1 1st 2006 . I will make these payments evey month wail 1 have paid all of the principal and interest and any other charges, described below, tho I may owe under this rote. If, on March 01. 2036 1 still owe amounts under this Note. 1 will pay all those attotsaM in full, on that date. I will make my monthly payments at P.O. Box 200010 Kennesaw, GEORGIA 30156.9246 or at a different place if requIrW by the Note Holder. 4. BORROWER'S FAILURE TO PAY AS REQUIRFD (A) Ism Charge Isr Overdue Payments Irthe waft Holder has not received the W amount of any army monthly payments by the end of 15 calendar days slier the date h is due. I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment, but not less than U.S. S 7.34 and not mitre than U.S. S 7.34 . 1 will pay this late charge only once on sty late psymm (11) Notice from Note Holder If I do not pay the full amount of each monthly payment on time, the Note Holder may send me a written notice telling me that if 1 do not pay the overdue amount by a certain date 1 will be in default. That date must be a least 10 days alter the date on which the notice is mailed to me or, if It Is not mailed. 10 days after the date on which it is delivered to me. (C) ndaldt it I do not pay the overdue amount by the date stated in the notice described in (B) above, I will be In default. If I am in default, the dote Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. liven if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if l am in default at a later tknc. (I)0 Payment of Note Holder's Costs and Expenses irthe Note Holder has required me to pay immediately in full as described above, the Note I [older will have the right to be paid back Ibr all of its costs and expenses to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. S. THIS NOTE SECURED BY A MORTCAGF In addition to the protections given to the Note Holder under this Note, a Mortgage, dated February 17, 2006 , protects the Note Holder from possible losses which might result if I do not keep the promises which 1 make in this Nom. Thai Mortgage describes how and under what conditions 1 may be requited to make immediate payment in 6111 of all amounts that I owe under this Note. 2105114828 ALABAMA - SECOND MORTGAGE - 1180. FNMAIFHLMC UMU'oRM 11 -UMENT ryhlwr ®-r11AL) 4n") vaF ueRIGA01 FORMt • 1Nets71.7rrn 100190821051148 Form 3181 yya. ? L N N ? W 0, IL BORROWER'S PAYMENTS BEFORE THEY ARE DUE 1 bow the rtrht to make paymatss orptincipeI art arty Woe before they arodue. A pRymm t of prindpel only is known a a ' mart " when I make a prepayment, l will tell the Note Holder in a letter dot I ssn doing so. A pr ?m of sil of the 1= iroipal is known as a "foil prepaymem." A prepayment of only part of oho unpaid principal Is as a "partial I may make a full Irepeymas or a partial without paying any penalty. The Note Holder will use all of my pt1'M,WA la to reduce the amount of principel attkweunder this Note. if 1 make a partial prepayment, there will be no delays In the due data or claw in the amounts of my maphhr payman unless the Note Holder &&=a in writing to those delays or eitwWL I may make a fidl prepayment at any time. If[ choose to make a partial prepay the Note Holder may require me a make the pprereppsa on the sane day that one of my momby peymaw is dos 71re- btote?Hddc may also require that the smo nt of my partW prepayment be c*W to the amount of prindpei that would have been pat or my now one or ram mot 7. DOWER'S WAIVERS 1 waive sty rights to require the Note Folder to do oaeain things, Those things we. (A) to demmad payment or amounts due (known as "preeattuners"); (B) to give notice that amounts due have not been paid (known as "notion of dishonor" ); (C) to obtain an official certification of nonpayment (known as a '•prtsat"). Myon else who agrees to keep tho promises muds in this Note, or who arm to make payments to the Noe Heckler If 14011 to key my promises under this NoK or who signs this Note to transfer it to someone else also waives these rights. These pecans are known as "guaramors, sureties and endorsers." S, GIVING OF NOTICES Any notice that most be given to me under this Note will be given by delivering it or by mailing it by cenilled mail addressed to era at the Property Address above. A notice will be delivered or mailed to me at a different address if I give the Now Holder a notice of my fTdi sent address. Any notice that must be given to the Note Holder under this Note will be givers by mailing it by certified mail to the Note Holder at the addrau sated In Section 3 above. A mice will be mailed to the Note Holder at a different address if 1 am given a notice of that differan add=L 9. RESPONSIBILITY OF PERSONS UNDER THIS NOTE It mote than one person signs this Nose, each of as I1 *Ily and personally obligated to pay the full anornt owed and to keep all M due promise made in this Notts Any gwrantor, sooty, or endorser or this Nos (as dn:seribed in Section 7 above) is also ntlnliganed to do these things 11re Note Holder may enfernt a is rights artier this Note against each of os iadividuaiiy e>r against all of us te>ged?er. This mans dtu any orue of w nosyy lie re??ired m poy all of the anuoona owed under this Note. Any paws who ekes over my rights er ohliptimLt order this mote will Irvs all of my riQha sod motet keep all of my promises nude in this Note. Any prxsor? vvlno takes over the rights er obligations of a guarantor, spray, or endorser of this Note (as describexl in Section 7 above) is also obligated to keep dl of the promises made o this Note. CAVIlON • R IS IMPORTANT THAT YOU THOROUGHLY REAP) THE CONTRACT BEFORE YOU SIGN IT. - 2,A i?j (Seel) (Sad) Brandon Kenneth Sand .nmrarer -nn"awer 2105114828 _ (Sal) -Wwraww (Sal) -nonnwn (S-O -norr*w r f tafAL) mmi rgrra: (SaU -"Wrowel (Seal) .humover (Seal) p,,? -Wwrnw r (sign origi l Ooh} 100190821051148 'orm 3101 • 46 PREPA"IENT PWAi.TY ADDENDUM TO NOTE This Payoymen Rmaby Addendum to Not VAdA a ksts") b nrda dds 174h day Of Fallmory. 2W6 Ivy the eedersiped (the "filer mis ") to fbvar of SmaWar Funding, LLC Meadd 1 Whereas, IMorom sim akwA usly bercwbh exeetned wed ddiv=W a promissory now ("Noery b Under mid Whames. Monona- and Leader wish to revise des New to provide Ibr a prgnymeat p idty. In consideration be the main` of the ban eridmaad by the Note, Rotiow er area a fodbwt L In mddlimll b 11a tovserda aid mQtpe 1 made in the Note, Iia GWW Uthcr aaasmew -d des the Seeam in do Now Wed "IMmtowen Right m P aptly" or'8onoweft I'sytaena Melba l ey An Due" is arnmt , sm that tionimw Wass to per ¦ p gmymem penalty an Maws: I/We have site right to make payment of p1 4 'as my time beime they at due. The payment of pr, it only is known a a*pospeyeave. W1ae VWe mole a pepitamu. We wit tail site Note 1 bider in wrhing des UWe -mars doing so. If within ohs fuss 24 momthe PAlowihtg the date of1M Now and the Security Instrument VWe make a fbll pmpayeee or partial pcepay-ea*h UWa will at the sank tame pay to the Now Helder a pal ayment chwga. The preprymas charge will be aped to 3 % of say smauot prepaid on der wrmm of -ty pnpaynain d- wheal addrd w afl adw amtoams pepaid during silo twelve 112) sa-mh period peso-fntg the dote ofamy, pea m cost , exceeds twenty percent (m) of der arlgloal pineipsi anotot oflhe Non. 2. Ifs law wdmeh splden to this Addendum and which sea maxianxn chasm is finally Interpreted so dw At charger iraparel or collected Is come eclion with ibis Addendum ad the Related Donmtemn examk the petmitod gain, tM my each clear Shad be reduced a eecsoey to remain within the limbs of de how. If say provision of this Addend mar b add b be lo violation of sip haw, darn such provision shall be 41vsn fol ibroe mad eifea to the hapax exam perbiued by law and shall be n*omd with tmqwp Ow is dafotceabs aid which shall Iov e. as closely ere possible. she ante a the savored yuge, gad tin tdadnder ofthis Mldeadmm shag be a m (Ifbdt aneAirae provision were iMl antmieed la did AddsmMot and tin rigW and obiSdknw of aonvw s aw tender onkr ibc mrWnder of iris Addendum shall ewflniain M lbru col tftL 3. The Nita is not aadifmd eaoept a wvwm sd by this Addendmu. All terra and eemciitions of the Not nett In txallict with dib Ad endton shell remain in Odl Ibeve and effect. To the extant dot the pravisiaa of lids Addawhan are Imeomsittaa wfih tin pravisiote of IM Noe, site provisiwns of thug Adderdom shall prevail nver and supersede my sod inconsi Wns provbioos of the Noe. By signing below. llormwct we" and agrees in the terms and cwroems contained in this Addend= WITN6' "IEHANDIS)pNDJFMS)OFTHIS(1NDERSIONBD, dv Knen ? (SPA I.) (SP.ALI 6adl (SEAL) ISEtL) Pon Oft" 0117W 2305114M It101en2lwi l4slat Original Note Addendum to be returned with closing packer. wa P-*Addrranaura(%%11w55asi JI He dify this it A Tru4An o rrect Copt Of The Origir.31 D4cumon Alabama and Seiv!tras. inc. *brds-rrify 1-his •!M A - ' Correct Cc , Of Thc• k. Alaba THIS i$?C'ar"' ' M., Wiwi. ar MORTGAGE MIN 100190821051148283 THIS MORTGAGE is node dpi 17 th day of February, 2006 , between the Grantor, Brandon Kenneth Sandy and Aymee Dandy, husband and wife , 0writin • Monpp Electronic Registration Systt ma. Inc. f •MHW). (solely Is 110111JI 0 for Larder. ltareineAer &Aeed, and La adds stmeseors and eaaipa). MERS is arpnind and existing under the laws of Dahww% and has an mkheas and ldephone raunber of P.O. Beet 7026. Flint. MI 43501-31026. tel. (8113) 679•Mh'RS. SouthStar Fund I ng. LLC orpoind exa>gn` under the laws ofOELANARE Cllr") is and ,and has an address of 4DO Northridge Road Suite 1000 Atlanta. GEORGIA 30350 WHEREAS. Borrower b indebted to Lawler In the p iwipol snot of U.S. S 13.000.00 , which kde6tealr ass is evidenced by Borlowses nose dosed February 17. 2006 and candoos end tenewds thceaof(herein'Note'). providing!br rnomfdy issulknettas of principal end meanest, with the balance of the ice, ifnot sooner paid, due and papbk at March 01. 2035 TO 36C1JRE to Under alts7epapuni of the italebudnea avidrnoed by the Nose. with interest thereon; the prpmm or all other mans, with irmest thereon, advanced in aeoorderm herewith to prowct the security of this Mort"K and the pa bromine of the covaaenb and spemaads of Borrower herein eontainal, Born ma does hereby grant ad ooiway to MFRS (solely as novairm for Lender ad Undoes ma=ssoa and ns*m) and to du erccessors and migra of MFRS, with power of sale. the following descrillmd property basal in the County of, Frank l i n , 5tam of Alabena: See Attached ?bit "Art which has the address of 79 Timberline Drive r,I Russellville MIA. Alabanns 35653 (ztr canal ('Property Addteu-),! TO HAVE AND TO HOLD such uao MERS (sok* m a mina Ax Lender and Leader's snucessorI and assiptsl and to dw sneewors and assigns e M S, fort:vet. together with all the imptovanems now or haealler eratcd on the properly, and 10 easeNenq. rights, pptrw es and roans, all of whkb shall be damod to be end tenm in a pan or the property eovaed by thin Morcpge; and all of dta frxsgoi t ld>ar wide said property (or do lad old apace If this Al is on a bratehold) we hereinatbtr rdww to a the?F'rapeny • Borrower nmderatods ud epees drat MGRS holds only pl [MID the ithtarn I gransd by Borrower in Ibis Mortpw; if necessary to comply with law a ensma, l1fs S, ere naanoee ihr Lender and Lenders snceeaors and sar*ts), has the rigk to as P, pin any or all of thm items, hwhWiag, e rnat liraiaed to. OW right to fiarecbn OW sdl the Propwry; and to take tray action required of Lender including, but not iad t0. aleasirng er canceling this Moetpp. Borrows: oo wmais the Rorrower Is lawh§y seised of the esame hereby conveyed and has the t>ia)tt uk ro rtpge, grant and eer?aY the Property, and that the Property is unenomberad, except for eneumbmwes of record. -Bomme r eovemwe diet Harrower warrants anal will defend generany the We w the lhoperty apW sh damn and dam WWII, ends, subject to enctembrntees of UNIFORM COV04AN13. Borrower and Lender coveurn and Is foRowr 1. Payreent of 1'rimelprl sad Interest. Borrower shall prmapl rrpsy when due the principal and mums 6tdehtedrtess evidenced dw Noce and hie charps as provided in the Now 2105114828 ALABAMA • IECONO MORTnAGE . Leo - FNMARXLMG UNIFORM INSTRUMINT VA?m Italia b" Iw. d•7aN(AL) maags? s? VW gnaw sower rasoplar•ffat L4 4V. fern apt As nded Lai i I > omb hr Tae" sad UKrrears. Subject to oppifcabla low or a written Mailer by Leader, Halsor Ad pair to La Wo on the day motahly pcyasew of principal and ;tetras we pw" Under the Now until do Noe is pit III Ad 1, a arm (hrrio 'Forte") equal to nao-eraelAlt of des rely tares and a?nown (11111 - aardoasirtbmt sad plrtaed snit . developrmmt tmesesauals, it =aF ttwibner? ) which marZbeS)taarasaprdrarity over this ord natet oa tle Ptoprty,A if my- PIN otrr-iwMAh or year y pranrurn etas ae a-t Nrof yewfy prerahae irWelhsnw x monp,e itttranuoe, zany, al also apeontaby srtaareal initially end 11- w flea by Leader oa the baea of awerarasata std bilb and redogahie astitaalns tberrtnl. Benower shad no be obiigwd to later salt pspteaa or Furls to Lender to tha extent do Bonwwee mahes lath payinwn w the holder of a prior p?py or deed of in at it such holder Is an ioedtatiottal Index If Bonftw payer Finds to Lander, der Puebla ahep be (tefd in an ;nitro the deposits or socouota dwhieh we iroured w gtorwaad by a ferret or state agency (fidalind Lerrder it Laser is well an kwirrtionl Lander dyad apply dw Fends to pay aid mtes, asseepaemm, itletralk?e and ET!im" Linder no cure At so holdfios and =die FOWS, wtdyai 4 said Roca" or vail tr and W Wk hakes Lender per Noervvra tniaest on the Fmntir and ep 0*W low Pormits Lam to laterite a charge Bat swat and Leader my seta to wbing at *A time of ettearior? of *b Mange am ;newest an the Finds sW be paW to Borrower, end unless suety mah or applicrbk law wilid s such idereat to be paid, Leskr dog not bs a-q-h A to Borrower ;leapt a am the Funds. Lauder shell rive to b woww. widtout large, an raid eooowttitg of the F=& endin aad dd*s to due Funds and w purpose for whiefr each debit to the Fords was roads. The Far& we pledged m seamiy+ (or due unto If the arrant of the Fords held by Lender, together wilt the Npae momhiy instali ussis or Fads pgwo pray w the aloe dates of lava, lusaamarm, irntmsttoe MUM= red grand gab, Ad exceed 1111 MMK regal W to pay said VX ft saaawaate, mslmanes premhlms rd granted noels is they Atli due, such aaas slang bs, at Bocroveft option, eidtr repaid to Borrower or credited to Barorwar or mouldy issidaaetb or Funds. lr the eaormt of the Fwade held by l.enda" alla(1 not be saffieieot to pay cores, waeoanm Innmrthee pecodusm std ground n m n day Ail due. Borrower shelf pay to IAW" any ernount mroeeerx w malia u¢ the datkiewy in ass or moo pay Latter mqr Upon m IWI of a!f seas scoured tW this Moses, Leader b *0 ptaepdy Wt to Bortowa say Funds bell by i,ahda. I f rwder p sW;sph 17 hez the is soldor dw ?ponynot hrMnfe atRuittd by Larder Larder "I no War than taailediwly prior w the ode of the Nolinly or its wildsiiioa by Lander. any i•Wtdi bell by Unter w the time of application as a aadit rte the seem secured by *b 00= ' 3. Appliesdow or Prymosts. Unit= ;cable Paw odierwie. all pgrsen s received by Liadr under *a Nots and 1 and z heetof airl-Trost; Linda Brit b PSYN ent o(aaormo_y_ay" to Lender by Bonavmr tarter paa?t baeof, rhea to k - R5&za Nola, and dyer; to die ordw i?tate. •1. Prior a1srvo a sad CMrgee: i.bas. Bon wrtrm l perform oil or Bonarwrs obligations tanker omy nwryoge, deed u that or other aatenelty agreaama with. ire whisk has priarhy over this Meagre, ' Bserouvcrs covaurms w mdre pormab when dw. Borrower dell pay or pipe to be pled an tares. ataaawau swd Mes std bnpnedions WeibtarbIt to the Property which may stain a priority over this MorWV. and IemdioW payments or gnnatl ream, if any. !. Ftasrlyd lassrous. Borimm doll trap due improvements now arislior or ha edler =acted on der hopsity msrrtd agaims loss by lea, hsrardr includad wk* do arm •oatertded cSSmw' and such other ha:arth as Lander may and in such amounts and Aar such periods as Lader may reritsm The irm rimce carrier providing the mo raraes6ff be chosen Borrower autim ta vxh approve; ehan not be uniessorobiy widdwk. AN his Term polMa and ratow doraol shall Its In a bin bye to Leadw and sell include; a mandrd maregge dine in Aver ohud (a a Erna acceptable to Leader. Lander shall here the right to hold the policies and m newels thereof, subject to the ter=m or any nuiri , deed of aua or cow security yceemam with a lien which bas priority over this 111art? In the evert of loss, Borrower shag giver prompt not=e to the imuminee crrm rd [.corker. P ender my make proof of lass if tea node promptly by Borrower. If 1139 Fropsrry is III I ed by Borrower, or if Borrower Ails to respond to Lender within 30 days from the dm eeot>ce is mailed by I.am 10 Borrovrvr that the irturartce carrier otters to settle a clam for (oarance benefits, Leader is taidwissd to collect and apply die insurance proceeds at Lenders option either to restoration or repair nrthe Pmrsity or to the sums secured this Mortgage. IL Preservation and tii=3ateaaare or P ntPr, Lenehotds; Caadoenialuesi Masud Unit ikvehrpaaats. Aormwer Sian keep toe Property in good repair and shot not co ink wow or permit hapdrumit or dens kwmion of der praporty and shit ouhetpy wide the isrons 11 nay lease if" p? a oa a keasdnldIt this Mongage is an a unit in a aombinfitium oor r a pbrrad n. Borrower elan f of Bonororra'y under On declaration or covenrtw greeting pavormng the cordouniniatit or planned unit develaperrt, the bylaws r ip"iau of the Condominium or plweed unit develapman6 ad con=uimm" documents. T. Preseetta0 of Leader's Saarity. If Bomnar rifts to perrarm the eovatrra wd =ate eorsained in this hi a irony action w proceeding is commenced which notarially of ens Leders;accrual In die host" than Laden, it t 1.audds opthtr, upon rtettire to Borrower, may mob such appearance; ?dbursa such sums, including raemQla Naroeya' feet. NW site such action es is r Oftmy w protect Larder's imarost, If Lender required mortipip tater rm ae a condition of making the io=n secured by this Mort q% Borrower 96th pair due pramis m reti4ed to maintain sled; isaserca in CfF= umn such time w the requirement`for such mwiftwor terminates in accordance with Borrowers and Lenddy wrium agreement or appliuWe low. Any amounts disbrsed by Lade prrstonu to this pragreph 7, with inapt tbercon. at the Nine ram shad! become additional iadeeadoess of Borrower securai by this hhmpge. Unkss Borrower and I agree w other teruo of pyrnett, such amounts dWl be playable upon notice tons Lander to Borrow n quesdag payment theieot. Nothing curtained in this prgnhph 7 AW require Under w fear ay expanse or tab any alien hereunder. that Lad peedli s. Lerida m h or caw to-be m reasonable ensries upon and hispectiom or rho Ftopsnly, provFded sliall ;merest d the Prop ve Domr*vr notice p any such Imitation specifying ressorobhe caw therefor Matcd toLenders . ty. !. Caedensrtton. The procseds or pry award or claim ter d=mom direst or conatioemid, in connection with any condemnation or otter taking of the Property, or port thereof, or for conv ?yyaaw?e ih law of oosecurndemrmtimt, are hen ft asidon and sftan be paid to Leda. Subject to 1 terms of ray mortgage, ded oe auso a o wr ity sgreemew with a lien wMch has prioriq am this I Bamn"Fr Y mortgage. Forbearance By Leader Not a Waiver. Extension of the time tot payment or modilrMWon or amortization or the sums secured by this M" Valued by Lender to OW successor in ineaest of H rrowa shell amt opera$ to neissse, in any manna, the liability of 1tFhiee oriswi Bormm and Borrowers successors in aterest Lewder shall rot be required to commons prooadings against t»dh ulcaessor or ndbsa to attend time for payment or othemise modify om misataa of the am secured by this M by rewan of any datmrd made by the, on 'ud Borrower and Borrowers su ccco s in ktenet. Any forbaranc a by Lender in exem*inrg pry right or remedy cr, or otherwise Wanted by appikeW haw, don not be a wwiver of or proclude the exexciee of any inch right or remedy. 2105114828 , „...,• O•>'etfAlP ruar,.er Fyncats tars =eat ? i It. Successors sad Assigns Boumdi Joint and Several IJsbigtyi Co-elpen. The eovetwo and agreements herein curtained shall bird, std the hurts beteundw sbdl inure mo dw .e*ecdre sueoesson arid essigroi of Lender and Borrower. s**a to the provisions of paragraph is hereof: Ali covanermt and sg e n o of Borrower dmil be joitw anti several. Any Borrower who ec"Wo this Mortgage, but dons not etxamos the Noon, (s) is Co signing this 14ongye only to mortgagtt, grant and convey that BonvAWs imcceal in the property to Leader under the terms of this Moropp. (b) is trot too sotagl+ Gable an the Note or under this Mortgage. and (c) mgtmes chef Lender mod any otter Borrower leremder may sgrae to exist, mo&iS, fbrbedr, or make any other accommodations; with regard to lbe terms of ibis MartIM or then Nate widrrm tot Botrowees mosen fled wi im releasing drat Ra mooer or modii)riag this Moetg ap os to dot BotrovNes, imerest In the Property. 12. Kakis Except lbr may notice rapped ender applicable boor to be given In maolher manner, (a) ray noun to Aarmwvr provided in in M 161crollop shall be given by delivering It or by mailiehg suck notice by csrdlted mail addressed to Harrower as the property Address or at anreh other address at Bonottter may designate by notice to Ixoder o providesd herein, and (b) any notice to Lender shell be given by cerdikd mail to ]coda's addition slased bmtvm or to such other address a Leader may datigaae by notice to Borrower as provided herc6r. Any ranee provided fbr in this Mortgage shell be tleened to have bear given 10 Burrower or Lender who given in the moaner designated hereeia. 11 Gmraiag Lair, SmnibiBtl. The sot and lot laws appGaable to this Mongsge shell be the Ion of the jurisdiction in which the Property is we" The fieagoing n w mm shell no limit the appiicowliq of federal law to this %14111g19e. In 11W event that any prorhrWM Of Claude Of this MtttVW or the Note Wd" with dpplicabit law, amch Mfik:i shall not affect other provisions of this biaydge or the Note wi;icle can be given efibet without the coatlicting provision, and ro M end tiro provisions of this Mortgap and the Note one dedared so be severable. As used herein, 'ooas,' 'expenses' and 'smure ys' foes' mclude all sums to rho extort not prohiirited by applicable haw or Hooked hexes. W, lbrnwer's Copy. Borrower shalt be Wrrmtloed a comfonmed copy of the Note and of ttds Mortgage so to thus of execution or alter remrdation hereof 15. Rehabilitation IAso Agreement. Aarmor shell Adi ll all of Borrowers obligations under any home rebahdlitook 4, improvement, tapir. or colas loan agreement which HomrAw enters now with Leader. Leader, at Le rows, option, may require Borrower to amuse and deliver to Lander. in a tam oecsptable to leader. an smignmehn of any rights, claims or delbnen which Borrown may have against panties who supply labor, Materials or services in Connection with improve mar" made to the Properly. IS. Transfer or the Property or a lkmfklul Interest in Bmrrewer. If ell or any part of the Pmpery or arty iawm in it is sold or tramfernoi (m if a benefleW interest in Borrower id sold or eanafbrred and Boraww is rat a mural person) without l.ender s prior written consent. Lender may, at in option. require Immediate payment in Nil of all wms scented by this %kwq one. However, this option dill not be exacind by Lender if exercise is prohibited by federal law st of the due of Nis Mortgage. If Iander exurcises this option. Lender shell give Borrower notice of nowlerstioa The notice shall provide a period of not ins than 30 days from fro dots the notice is delivered or ruined within which Borrower must pay ao sums secured by this Mortgage. If Borrower (sirs to pay these sans prior to the axpitalion of this period, Larder may invoke may remedies permitted by this Mortgage without limner sae or demand on Ronower. NON-UMFORAt COVENANTS. Borrower and Lander Author eavem o shed agree ns toliowL 17. Aceelentlen, Remedies. Ei" ere provided In paragraph 16 hereof; upon Borrower's branch of say covenant or agrameat of Borrower in this Mortgage, lnclndin the covenants to puny when due: any scow secured by this Horologe, Lender prior to acceleration shell give media Io Borrower as provkled In pen egnpb 12 hereof specifying- {)) the borsch; (2) the action required to care sack bracki (3) s date, not bear than 10 daysArdm de data the aotiee is wailed to Borrower. by which sash breath moot be cmredi and (4) that f llun to tare such breach on or beIIere the data specified in the molke mny resort In acceleration of the mews intend by ibis Alortpp and sale of Property. The notice Atom briber Inform Borhvwer of the right to rehutoer after acceleration and eke right to bring a court sedan In aware the smaxistemce arm dehah or any ether defense of Borrower to deeelendoo sad sob. Ir obe breach is not cured on or before The date specir d In As hulks I.emder, at Lsmdar's spdbn, may deelain all of the some secured by this %Ion"$* to be Immrdietely dot and payable without broker demand and may invoks the power of sok and any other remedies permitted by applicable law. Lander scull be eadhled to celled all reasonable tub and expeosn incurred In pursuing the rrmedin provided in This prngnph 17, lael» ding, but set lishod In, reasonable steomeys' fees If Leader tweelcn eke power of sole, Lemke shall neap a eepy of a media dealt to Borrower is the manner provided In paragraph 12 hereof. Leader absg publish the mike of sale once a week for three consecutive weeks In some newspaper puNished is . Franklin Coaaty. Alabama, and thereupon shell sell Ike Properly to the highest bidder at pmMk uuedes at the beat doer of the county Courthouse of said Cnmty. Leader shall dtWer to the pureltaser Lender's deed coareybhg die Property in sold. Leader or Leselees dedgwee may purchase eke Property at any sale. Barrarrer ewaaaau sad egret that eke proceMs of the sale shali be applied lit the foiiawtag order. (ski to ell reasonable rasp dad esponi of *o sale, luciadhhg, but rot limited 04 reasonable o terneys' fen and costs of tick evidence. (b) to sit sums ;neared by this hllertgagei aid (c) the tseess, if any, to the person or persons legally eodtted thereto. ti. Borrowees Right to Reinstate. Nonwbadtmding Ia ides receleradan of the um secured by this Mortgete due to Hcurowers branch. Borrower dell have the right to have any proceedings begin by Lender to enforcer this Mmtgaga discatimnrd at any time prior to the earlier to occur of (t) the AM day bcAn ask of the property purses" to the power *rule carained in the Mortgage or (ii) entry of a judgment enforcing this Mortgage if (a) Borrower pays Lender bit stns which would be irons due railer this Mort" and lie Note had no acceleration oeeMW-. (b) harrower cures ail breaches of any other covenants or agreements of Borrower contained in lie Mnnigage; (c) Borrower pays all msonsble expenses incurred by Lender in eafineing lie arverrphn and agreements of Ilorrawsr contained in skis Nfortm. and in enforcing undies remedies as provided in parsgraph 17 hereat: includhmg, but not limited to. reasonable allornevs• fees; and (d) Borrower takes such action as Lender may mosoeebiy requite to assure that the lien of this Mortgage, tenders interest in the property and Rwrawces obligation to pay the shnss secured by this Mortgage den continua tmimpaiivoL Upon arch payment and cure by Bonawm, this Sknonge and mite obligations se mm d hereby shall remain in Nil force and effect as Iron accektatoon red occurred. 19. Assignment of Rents, Appointment of Reeeher, Lender In Possession. As additional comity bereunder, Borrowa hereby AWPH m Lender lie rents Of the property provided that Borrower atoll. prior to acceleration under paragraph 17 hrretsf or abonmlomnent or the Property, have the rot w collect and retain such rams as they become due and payable. 2105114828 ?7mn(AL) mot, at ? - r,..r J Farm 3101 r Upon acceleration under paragraph 171rreor or abtndomnau of the Property, Lander, in Pawn, by glow or by Judicially appointed receiver, sbdl be eaiMed to enter upon, ub pasession of and rsatt - do Pmmw and to wlieet the rents of doe Property io ehding drose past due. All ratio collected by Leader or titer receiver drab be applied first to paya w or the cash of manapaunt of the Property and coilecnorts of nurm inc u&n6. but not limiter! to, meivees fig, proarians on raeeivers bonds and reasonable aalumeye lees, and drat io the turns secured by this Mort p fie. Lender and dw rmivsr AW] be liable to account only Ox those rmts aetudly reeeired. 21X Relent, Upon payment of all arras stirred by thu Matpp, this Alortgaile shall bstwtns wA and vold and larder obeli release this Mortdads without dwp to Borrower. Sornrww slob pay ail Doan of recordation, If any. 21. Wakw of lleatestm& Dower and Corlesy. Borrower herby waiver all ri#as of homestead exemption in die Property and relinquishes all riSM of dower and etatesy in the Property. REQUEST FAR NOTICE OF DEFAULT AND FOREMSURE UNDER SVPRRIAR MORTGAGES OR DEEDS OF TRUMT Norrowaer and Leader request the holder of nay monpIK deed of but or other encumbrance with a lien Ait:h has priority over this Mor" to give Notice to Leader, at lender's address set fotth nn pa`s one of this Monpp, of any defiult under rise superior encumbrance and of arty sale or other foreclosure Owens IN WITNESS WHEREOF, Burrower has cacuted rMs MorgW Sipred, sealed and delivered in the Pr (Seal) ( (SOW) Brandon Kenneth Gandy aorMr.t A 91, ,ee.. (Seat) iSal) -BOSUN" am {Sat) Mall -11M Mw •amemner - (Seal) (Seal) •errmw 4wreaw (Sign Drigmoi OW STATF. OFAI:IRA1Lt,, 1%01/1/C 1'1, Ceaary sb: on this 17th dry ofFaaruary, 2006 Chxi r fr, '5' x.ive a Notary Public 'n ad Aw said cour" and in nM at6te, hereby artily dot Brandon Kenneth Gandy M. A?...,4?6 G?4 / WhM mm*sl ishre sighed to the fmpin6 conveyance, ad who Idare known to me. acknowledged bekre me thu, beirl informed of the wntems of the conveyance, held aAhey execoed the some voltraan'ly and as hiobeddicr net an the day die some bees due. j Cliven order my hand and seal of ofllfe this 17th der of Febr ry, 6 My Commission Cxpims: tldp eilwey !ether ?,??r•?'ltt5tYY0rhL4.s*i.• ? •-? ? ? ?j?r?i ?? •,. •,??,.. . r" ?fI'??J]:?i ?: ?:t?::? j? ??, L L 1::.ri : ?'? h ail' , 1 ? l'•?i 'Y .:,_.:.t •:Sa;:?+_ r `:a, • ?:,r?, a ••% This instrument win prepared by Lynda Clark 11000 ltestmoor Circle, Westminster, COLORADO t Oiri r. 2106114829 J,7 ®•7 k(AL) tM44, roe errs a •? liuA aa0? a . 0 6 PREPAYMENT PENALTY RIDER This Prepayment Penalty Rider ('Rider") is trade this 17th day of February. 200b by the undersigned (the "narrower") in fim of SotuhStsr Funding, LLC (`Lender") Wbemos, Boeower simultaneously herewith notecuW and delivered o mortgage, deed of trtett, or security deed (the `Security frstru are) to Lender of ever dam herewith. and Wbereas, PA*nwer and Lender wish to revise the Security Instrument to provide for a prepayment penalty. In cmideration for dta g uft orihe lean seawW by dw Scat ity Instrument, Borrower agrees a fbilawr Lin addition to the cavGannts and agreements made in the Seem* Instrument, Borrower fltrtlror novenas and arm as Wlloww I/Wo ha v dte right to make payments of principal at awry time before they are due. The psymeat of principal only is known w a 'prepayment". When I/We nuke a prepayment, I/We will tell the Note Holder In writing that We am/are doing so. If, within the fiat 24 months Ibllowiug the date ordw Now &W the Security Imtrument VWe make a Adl prepayment or partial prepsyme»t(s). I/We will at the some time pay to the Note Ifolder a prepayment charge. The prepayment charge will be equal to S % or any mount prepaid on the amount of ony propsymaat brat wi m added to all other amounts prepaid during the twelve (I2) month period preceding the date of my prepayment. exceeds twenty pacenl (20%) oftbe original principal amount ofthe Note. RECORD PREPAYMENT PENALTY RIDER WITH SECURITY 1NSTRW,4EN-,r if a law which applies to this Rider and which sets maximum charges is finally intetpeoted so that the d bares imposed at collected in connection with this Rider and the Related Dodaatuautt exedxds the poem axed luntits then any such chi shall be reduced as neeeu uo maain within the limits of the law. !f cry provision of the Rider is ireldta ix in violalioru oraay law, theo such provision shad be given !b1l fare nod effort to the finnan extent pdrmined by lax and WWI be mooted with Imagttage that is enforceable which shall hue, its closely as possible. the saw meaning as lie severed 1a?ua?, and the remainder of this Rider shit be wastrued =if such unrnfaroeable pmvision were not coausitued fo this Ridet, and tie don and obligations of Borrower mid Lender nmier the remainder orthis Rider sladl continue in rill ftu and ext. 3. The Security instrument is not modified extet rs am nW by this Rider. NI terms and axuditlrnas of the security instrument not in conflict with this Rider shalt rerruio us Adl farce and eA'ca. To the oxtesx Ow the provisions of this Rider are inconsistent with the provisions of the Security fratnumenk the provisions of the Rider shall prevail over and shalt supersede any soda fncrnsismnt provisions of the Security Instrument. By signing below, Borrower accepts and agrees to the terns and covenants contained in this Rider. E l l I I ) F(SEAQ OF THE UNMSIONED. M!5= I gaps Kemnth SEAL) A ndy (SE L) (Sign OtWne/ o uyl 2145114823 tao19432to5114l233 Prepayment Penalty Rider t* be reenrded with Setarky Instrument. UFF*Mft loeu (Rev. 0144224M) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN SERVICING GROUP PLAINTIFF VS. CIVIL ACTION - LAW Case No. 10-6210 BRANDON K. GANDY, DEFENDANT CERTIFICATION OF ADDRESS FOR PARTY Now comes American Servicing Group through its counsel Richard S. Ralston, and certifies that the following is the true and correct last known mailing address for the Defendant BRANDON K. GANDY: 229 W NORTH ST CARLISLE, PA 17013 The undersigned understands that false statements herein are made subject to the penalties of 18 Pa C.S.A. 4904 relating to unsworn falsification to authorities. 1-1\ Alm h 25 _'2011 Richar,?rlston, PA ID 201967 Attorney r American Servicing Group WEINSTEIN & RILEY, P.S. 2001 Western Avenue, Suite 400 Seattle, WA 98121 206-269-3490 n92n73^. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN SERVICING GROUP PLAINTIFF CIVIL ACTION - LAW VS. Case No. 10-6210 BRANDON K GANDY ri . , 07 Mf= DEFENDANT M NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDG MENTd ? 0 o`er . © TO: BRANDON K. GANDY vn G -: rn : --? .229 W NORTH ST T' p CARLISLE, PA -17013 DATE OF NOTICE: z brv ZS , 2011 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (797) 240-6200 2011 Ric S. Won, PA 201967 Atte r American Servicing Group WHWTEIN & RILEY, P.S. 2001 Western Avenue, Suite 400 Seattle, WA 98121 206-269-3490 77A47 IIIAIAYI?IpIGY11WYRIN11?11YY?YMYYYAIW ?v 40929738 C I P-11- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN SERVICING GROUP PLAINTIFF CIVIL ACTION - LAW Case No. 10-6210 co r'a =? CD _j vs. BRANDON K. GANDY, DEFENDANT NOTICE OF APPEARANCE -t "J -?. AMERICAN SERVICING GROUP, Plaintiff, hereby notifies the Court and all counsel that the below attorney is designated as lead counsel in the above-styled and numbered cause: Lawrence G. Reinhold, PA ID 51764 Attorney for American Servicing Group WEINSTEIN & RILEY, P.S. 525 Rocky Hollow Drive Akron, OH 44313 Telephone No. (330) 869-28_i? LAWRENCE G. R NHOLD, PA ID 51764 Attorney for American ervicing Group WEINSTEIN & RILEY, S. 525 Rocky Hollow Drive Akron, OH 44313 Telephone No. (330) 869-2833 lawrencer@w-legal.com 1111111111111111111111111111111I?1111111111VI?IIIIIIIIIIIIIIIINIIIIIIUIIIIIII 40928738 CERTIFICATE OF SERVICE By the signature above, counsel of record hereby certifies that a true and correct copy of the foregoing instrument was transmitted to the following on December 20, 2011 in the following manner: Facsimile X US Mail, postage prepaid BRANDON K. GANDY 229 W NORTH ST CARLISLE, PA 17013 I IIINIINIII11NoI11IIIIINIIIIIIINNNII11IIINngII111AlINlllll 40928738