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HomeMy WebLinkAbout10-7195~1= T~EEPRDflNO TARY 1010 ~~~ l 5 PM 3= 58 CUMBER~AP~D COl1PITY RE~~NSYLVAFlIA BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 717.299.5201 Attorneys for Plaintiff Fulton Bank, N.A., formerly known as Fulton Bank,~Assignee of Mortgage Electronic Registration Systems, Inc. FULTON BANK, N.A., FORMERLY KNOWN AS FULTON BANK, ASSIGNEE OF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., v. PATRICK K. PARK, Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. ~~ - 7~4 ~ ~t V ti~`~>~ l Defendant NOTICE TO DEFEND Pursuant to PA RCP No. 1018.1 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice to you for any money claimed in the Complaint or for any other claim or relief requested by Plaintiff(s). other rights important to you. 3029261 You may lose money or property or S ~a.o~ ~ ~ ~~ ~rL~~ ~ a s~a3 y' YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 Telephone: (717) 249-3166 Effective September 1, 2003 3029261 BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 717.299.5201 Attorneys for Plaintiff Fulton Bank, N.A., formerly known as Fulton Bank, Assignee of Mortgage Electronic Registration Systems, Inc. FULTON BANK, N.A., FORMERLY KNOWN AS FULTON BANK, ASSIGNEE OF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff PATRICK K. PARK, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. v. Defendant AVISO PARR DEFENDER Conforme a RCP No. 1018,1 del PA LE HAN DEMANDADO EN CORTE. Si usted desea defender contra las demandas dispuestas en las paginas siguientes, usted debe tomar la accion en el plazo de veinte (20) dias despues de esta queja y el aviso es servido, incorporando un aspecto escrito personalmente o por el abogado y archivando en escribir con la corte sus defensas u objeciones a las demandas dispuestas contra usted. Le advierten que si usted no puede hacer asi que el caso puede proceder sin usted y un juicio se puede incorporar contra usted por la corte sin aviso adicional a usted para cualquier dinero demandado en la queja o para cualquier otra demands o relevacion pedida por Plaintiff(s). Usted puede perder el dinero o la caracteristica u otra endereza importante a usted. 3029261 LISTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE Un ABOGADO, VAYA A O LLAME POR TELEFONO La OFICINA DISPUESTA ABAJO. ESTA OFICINA PUEDE PROVEER De USTED La INFORMACION SOBRE EMPLEAR A un ABOGADO. SI USTED NO PUEDE PERMITIRSE AL HIRE A un ABOGADO, ESTA OFICINA PUEDE PODER PROVEER DE LISTED LA INFORMACION SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURIDICOS de la OFERTA de MAYO A LAS PERSONAS ELEGIBLES EN Un HONORARIO REDUCIDO O NINGUN HONORARIO. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 Telephone: (717) 249-3166 Efectivo 1 de Septiembre, 2003 Queja 3029261 BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. $3774 126 E. King Street Lancaster, PA 17602 717.299.5201 Attorneys for Plaintiff Fulton Bank, N.A., formerly known as Fulton Bank, Assignee of Mortgage Electronic Registration Systems, Inc. FULTON BANK, N.A., FORMERLY KNOWN AS FULTON BANK, ASSIGNEE OF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., PATRICK K. PARK, Plaintiff v. Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. ~ d` 7 ~ `~ ,J C 3 ~ COMPLAINT 1. Plaintiff, Fulton Bank, N.A., formerly known as Fulton Bank, Assignee of Mortgage Electronic Registration Systems, Inc. ("Fulton"), is a national banking association having an office at One Penn Square, P.O. Box 4887, Lancaster, Pennsylvania 17604. 2. Defendant, Patrick K. Park, is an adult individual with a last known address of 403 Huckleberry Road, New Bloomfield, Pennsylvania 17068. 3. On or about August 15, 2006, Defendant executed and delivered to Fulton a Note (the "Note") in the original principal sum of $260,000.00. A true and correct copy of the Note is attached hereto as Exhibit "A" and incorporated herein by reference. 3029261 4. The Note carries interest at the initial rate of 7% per annum and requires Defendant to make monthly payments of principal and interest in the initial amount of $1,729.79, beginning October 1, 2006 and continuing thereafter on the first (1st) day of every month until all outstanding principal and all accrued interest are paid in full. 5. The Note requires Defendant to pay a late charge of five percent (5%) of the overdue payment of principal and interest when Fulton does not receive Defendant's monthly payment within fifteen (15) days of the date that the payment is due. 6. The Note is secured and accompanied by a Mortgage (the "Mortgage") dated August 15, 2006 and recorded in the Office of the Recorder of Deeds of and for Cumberland County, Pennsylvania, on August 17, 2006, on Defendant's property being located at 907 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania (the "Premises"). A true and correct copy of the Mortgage which contains the complete description of the Premises, is attached hereto as Exhibit "B" and incorporated herein by reference. 7. Defendant is in default under the Note and Mortgage for failure to make monthly payments which were due beginning April 1, 2010 and each month thereafter. 8. Notice as required by the Homeowner's Emergency Mortgage Assistance Act of 1983 (Pennsylvania Act 91) was sent to Defendant by Certified Mail, Return Receipt Requested on August 9, 2010. A true and correct copy of this notice is attached hereto as Exhibit "C" and incorporated herein by reference. 9. Pursuant to the Note, in the event of Default, Fulton may, and hereby does, declare all amounts owed under the Note, including principal, accrued interest, late charges, and all other charges, including reasonable attorneys' fees, to be immediately due and payable. 3029261 2 10. Pursuant to the Note, in the event of Default, Fulton is entitled to be reimbursed for all costs and expenses, including reasonable attorneys' fees incurred in bringing any action to enforce the Note. 11. For purposes of this action, Fulton believes, and therefore avers, that $3,000.00 constitutes reasonable attorneys' fees for enforcing the Note. However, Fulton recognizes that it is restricted by law to those attorneys' fees that are actually incurred. If those fees are less than $3,000.00, Fulton agrees to adjust its demand for attorneys' fees, if applicable, at the time payment on any judgment is made. 12. As of September 17, 2010, the amount due on the Note and the Mortgage is as follows: Principal Balance .................................. Interest through 09/17/10 at a rate of $47 92 per diem ..................................... $249,890.22 ..................................................... Late Charges ............................................................................... Negative Escrow Balance .......................................................... Other Bank Fees----------------------------- - Attorneys' Fees Total 9,512.93 518.88 2,062.79 100.00 3,000.00 $265,084.82 plus continuing interest after September 17, 2010 at a rate of $47.92 per diem, plus continuing late charges, attorneys' fees and costs. 13. Fulton has demanded payment of the amount owed from Defendant but Defendant has failed and/or has refused to pay the same. 14. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., Defendant may dispute the validity of the debt or any portion thereof. If Defendant does so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and 3029261 3 provide Defendant with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendant the name and address of the original creditor if different from the above. 15. This is an action in personam on a Note accompanying a Mortgage and is not an action in Mortgage Foreclosure. WHEREFORE, Plaintiff, Fulton Bank, N.A., formerly known as Fulton Bank, Assignee of Mortgage Electronic Registration Systems, Inc. demands judgment against Defendant, Patrick K. Park, in the amount of $265,084.82, plus continuing interest after September 17, 2010 at a rate of $47.92 per diem, plus continuing late charges, attorneys' fees and costs. BARLEY SNYDER LLC Date:_~_~ ~ ~'~ By: Shawn M. Long, Esquir Attorneys for Plaintiff Fulton Bank, N.A., f erly known as Fulton Bank, Assi ee of Mortgage Electronic Registration Systems, Inc. Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 717.299.5201 3029261 4 VERIFICATION FULTON BANK, N.A., FORMERLY KNOWN AS FULTON BANK, ASSIGNEE OF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. vs. PATRICK K. PARK I, Christopher L. Demko, being duly affirmed according to law, depose and say that I am Senior Vice President for Fulton Bank; that I am authorized to make this Verification on its behalf and that the facts set forth in the foregoing Complaint aze true and correct to the best of my knowledge, information, and belief. To the extent that any of the averments in the foregoing document aze based upon the understanding or application of law, I have relied upon counsel in making this Verification. This Verification is made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: D,~~., ___.-M Christopher L. Demko 3029261 ~~~,a,~ /~ ~~ EXHIBIT A 1 LOAN p 5700533890. MINa* 100124200000184262 FIXED/A.DJUSTA.BLE RATE NOTE (OneYear Treasury lade: -Rate Caps) THIS NOTE PROVIDES FOR A CHANGE IN MY FIXED INT6iEST RATE TO AN ADJUSTABLE INTEREST RATE TH19 NOTE LIMITS THE AMOUNT MY ADJUSTABLE INTBtEST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. August 15, 2006 SLIZABSTHVII.L6 PBNN9YLVJ1M71 (Deal IcilY1 ISUIeJ 907 RSP'l DRIVB, ID3CH7WICSBORO, PA 17050 [Propcrry Addrrssl I. BORROWER'S PROMISE TO PAY In return for a loan that t have received, 1 promise to pay U. S. S 260, 000.00 (this amount is called "Principal"), plus interest, to the order of Lender. Lender is PDLTON B71N1C I will make all paymrnts under this Note in the form of oath, check or money order. 1 understand that Lrndcr may transfer this Note. Lrndtt or anyone who takes this Note by transfer and who is rntitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will lx charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at e yearly rate of 7.000 %. The interest rate I will pay may change in accordance with Section 4 of this Nole. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before end after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly paymrnts on the first day of each month beginning on Octoboz O1, 2006 I will make these paymenu every month until 1 have paid ell of the principal and interest and any other charges described below that l may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to inlttest before Principal. If, on septembar Ol, 2036 , 1 still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." [ will make my monthly payments atOlYB PHlBr SQOARS, LA,NGSTBR, PA 17602 or at a different place if roquired by the Note Holder. (B) Amount of My IniHel Monthly Payments Each of my initial monthly payments will be in the amount of U.S. S 1, 729.79 .This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that 1 must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in acwrdance with Section 4 of this Note. 4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Datea The initial fined interest rate 1 will pay will change to an adjustable interest rate on the first day of September, 2013 ,and the adjustable interest rate 1 will pay may change on that day every l2th month thereafter. 5700533890 5700533890 M UL7ISTATE fl%EDIAD~USTA9lE RATE NOTE - ONE•VEAR TREASURY INDQt • Single Family • Fannq Mai UNIFORM INSTRUMENT ~~tN toto/t Form ~St2 1/01 ~~D VNY NGrtTG~GE rORM5 ~t100t5r1~l2Yf ~/~/ Vy~ 1 °I 5 Mail\Y: The date tm which my initial fixed interest rate changes to an adjttstabk intcesst rate, and torch date on which my adjusuble interest rue could change, is called a "Change Date." (B) The Index Beginniog with dse first Chartgc pate, my adjtrstabh: interest cart will be based an an Index. The "Index" is the weekly average yield on United Stat« Treasury scarcities adjusted to a constant rrtettuity of one year, as made available by the Federal Reserve Board. The most recertt Ittdex figure available as of the due 45 days before txch Change Date is called the "Current Indat." If the Irtdex is no longs available, the NtNe Holder will choose a new index Ihu is based upon comparable information. The Note Holds will give me notice of this choice. (L~ Caietshttioa of Changes Before each Change Date, the Note Holder will calculue my new interest rate by adding Three percentage poinlc ( 3.000%) to the Current Index. The Note Holds will then round the result of this addition to the nearest onaeighth of one percentage point (0.125°A). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new inter«t rate until the next Change Datc. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that 1 am expected to owe et the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Cbanges The interest rate I am required to pay at the first Change Date will not be greats than 12.000 % or hxs than 3.000 %. Thatxfler, my adjustable intatxt rate will never be increased or decreased on any single Change Data by more than two percentage points from the rate of inter«t I have been paying for the preceding 12 months. My interest rate will never be greater than 12 , 000 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first rrtonthly payment date after the Change Date until the amount of my monthly payment changes again. (F~ Notice of Changes The Note Holder will deliver or mail to rrte a notice oC any chang« in my initial fixed interest rate to an adjustable interest rate and of any chang« in my adjustable interest rate before the effective data of any change. The notice will include the amount of my monthly payment, any information required by law to be given to me and also the title and telephone numbs of a person who will answer any question 1 may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY f have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When 1 make a Prepayment, I will tell the Note Holder in writing that t am doing so. 1 may not d«ignate a payment as a Prepayment if 1 have not made all the monthly paymcros due under this Note. I may make a full Prt:paymrnt or partial Prepayments without paying any Prepaymrnt charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid iota«t on the Prepayment amount before applying my Prepayment to reduce the Principal amount of this Note, If I make a partial Prepaymen[, there will be no changes in the due dates of my rrtonthly payments unless the Note Holder agre« in writing to those Chang«. My parial Prepayment may reduce the amount of my monthly paymrnts after the first Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an inter«t rate increase. 6. LOAN CHARGES !f a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan chazgcs collected or to be colltcted in connxtion with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any stuns already collected from me that exceeded perrrtiued limits will be refunded to rate. The Note Holder may choose to make this refund by reducing rho Principal I owe under this Nole or 6y making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 5700533890 5700533890 Form 332 0 ~13N p:osl v.r. x .~ s N°K: L 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) I.alc Charges fee Overdue Paymeols If the Note Holder has not received the full amount of any monthly paymrnt by the end of FS i teem calrndar days aAtt the date it is due, 1 wiU pay a late charge to the Note Holder. The amount of the charge will be 5.000 %. of my overdue paymrnt of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) DHtuII If 1 do not pay the full errtount of each monthly paymrnt on the date it is due, I will be in default. (C) Notice of DNault If 1 am in default, the Note Holder may send rtte a writtrn notice telling me that if 1 tfo not pay the overdue amount by a certain data, the Note Holder may require me to pay immediately the full anwunt of Principal that has not barn paid and all the interest that I owe on that amount. That date must be at least JO days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require Ina to pay immediately in full as described above, the Note Holds will still have the right to do so if 1 am in default at a later time. (E) Paymcnl of Note Holtkr': Costs aad Expenses If the Note Holder has required me to pay itttmodiately in full as described above, [he Note Holdtt will have the right to be paid back by me for all of its costs and exprnses in enforcing this Note to the extrnt not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' foes. 8. GIVING OF NOTICES Unless applicable law requires a different rrtelhod, any notice That must be givrn to me under this No[e will be givrn by delivering it or by mailing it by first class mail to Ina at the Property Address above or at a different address if I give the Note Holder a notice of my differrnt address. Unless the Note Holds requires a diffttrnt nxthod, any notice that must be given to the Note Holder under this Notc will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) about or at a difftteN address if 1 am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep ell of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated [o do these things. Any person who [ekes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Thr Note Holder Inay enforce its rights Itndtt this Note against each person individually or against all of to Iogethtt. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS i and any other person who has obligations mtder This Note waive the rights of Presentment and Notice of Dishonor. "Presemment" means the right to require the Note Holder to demand paymem of amouns due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have nut been paid. I1. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Decd of Trust, or Security Deed (the "Security Instrtursrnt"), dated the same date as this Note, protects the Note Holder Crom possible losses that might resuh if I do not keep the promises that I make in this Note. That Satuiry Instrurttrnl describes how and under what conditions 1 may be required to make immediate payment in full of all amounLS 1 owe under this Note. Some of those conditions read as follows: (A) Until my initial fixed interest rate changes to an adjustable interest rate tinder the terms stated in Section 4 above, Uniform Covenant 18 of the Security Instrument shall read as follows: 5700533890 5700533890 Form 754 01 17 N torus I r•t• r of s Mlob Transfer of the Property or a lieneBeial Interest is Borrowu. As treed in this Section 18, "Luuest in dtc Property" moetta any legal or beneficial interest in the Property, including, but not litnilod to, those bateficial interests transferred in a bond for tfeod, contract for deed, installment safes contract or escrow agreancnt, the intrnt of which is the umtsfu of title by Horrowu at a tuttuc date to s pttrchttser. If all or any part of the Property or any Inteest in the Property is sold or transferred (err if Borrowu is not a nattusl perwn and a beneficial interest in Borrower is sold or transferred) without Lentfa's prior written consent, Lendu may require immediate payment in full of all sums secured by this Stxurity Instrument. Howevu, this option shall not be exercised by Leader if sttch exucise is prohibited by Applicable Lew. (f Lrnder exucises this option, Lender shall give Borrowu notice of acceleration. The notice shall provide a puiod of not less than 30 days from the date the notice is givrn in accordance with Section IS within which Borrower must pay all surm secured by this Security Instrument, if Borrower fails to pay rhea sums prior to the expiration of this period, Lendu may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrowu. (B) When my initial fixed interest rate changes to an adjustable intucst tale under the terms stated in Sxtion 4 about, Uniform Coverant 18 of the Security Instrument described in Section I I(A) above shall then cease to be in cffen, and Uniform Covenant 18 of the Secttrity Instrwnrnt shall instead read as follows: Tramfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Inteest in the Property" means any legal or brneficial interest in the Pzoputy, including, but not limited to, those beneficial intuests transfured in s bond for deed, contract for deed, installment sales contract or escrow agreement, the intrnt of which is the uansfu of title by Borrower at a future date to a purchaser. ff all or any part of the Property or any Interest in the Property is sold or transferod (or if Borowu is not a nahual person and a beneficial interest in Borrower is sold or transkrred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Saurity Instrument. Howevu, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lrnder also shall not exercise this option if: (a) Borrower causes to be submitted to Lendu information requirod by Lender to evaluate the intended vansfera as if a new loan were being made to the transferee; and (b) Lendu reasonably duemtirtes that Lender's soctuity will not be impaired by the loan assumption and that the risk of a breach of any covenant or agrcemrnt in this Security Irutrtunent is acceptable to Lrnder. To the extent permitted by Applicable Law, Lendu may charge a reasonable fce as a condition to Lendu's consent to the loan assumption. Lrnder also may require the transfuce to sign an assumption agrcenxnt that is acceptable to Lender and Ihat obligates the transferce to keep all the promises and agrcemenls made in the Note end in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrumcnl unless Lender releases Borrowu in writing, If Lender exercises the option to require immediate payment in full, Lender shell give Borrower notice of acceleration. The notice shall provide a puiod of not less than 30 days from the date the notice is given in accordance with Section IS within which Borrower must pay ell sutra secured by this Security Instrument. !f Borower fails to pay these sums prior to the expiration of this period, Lender may invoke any rernodits permitted by this Security Instrument without further notice or demand on Borowu. 5700533890 5700533890 Form 7a (~lqN {oxosl Pp.. m s „ice 5 WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. ~~ (~) - PATRIQC 1C PARK -Bortower -Bortower -(Seal) •aOROWtt _~JWI) -Bor.ow<r (Seal) -BOrtawa ~~~) -BOROWR l~l) •BOrrOWtt (Seal) -Bvrrowcr (Sign Origins! Unly/ 5700533890 5100533890 '. ~apNroros) v.p.a ors Form ]52t 1101 ~~-r~=~, -r- Exhibit B v RG9ER7' , ..~IF~LEft'~ \ ~~ RECORQEP. •OF uEEDS CUMBERLAND COUtl7•Y-•P'~~' 2006 RUG 1? AEI 11 34 Prepercd By: Donna Chmielaarokt. 2797 Century Boulevard ~' NYO1tISSI17fi, PA 19610 (610)898-8391 Return To: FULTON BANK 1695 Statc Street East Petersburg, Pa 17520 parcel Numbs: 10-17-1037-085 Premises: 907 ICSIRT DANA tNECHANIC8811RO, PA 17050 tSp~ee Abeve 7'als Lioe For RerorOloC Uaisl MORTGAGE DEFINITIONS MIN 100124200000184262 Words used in multiple sections of this document arc defined below and other words are defined in Sections 3, I I, 13, I8, 20 and 21. Certain rules regarding the usage of words rued in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated August 15, 2006 , together with all Riders to this document. (B) 'Borrower" is PATRICK R PARR Borrows is the mortgagor under this Security Instrtunenl. II (C) "HERS" is Mortgage Electronic Registration Systems, Inc. HERS is a separate corporation that is acting solely as a nonunce For Lender and t.ender's successors and assigns. HERS is the mortgagee under this Seturlty lnstrummt. HERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint M] 48501-2026, tcl. (888) 679-MEAS. 5700533890 5700533690 ' PENNBTLVANIA • Slnpb Family • FannA M»1FnddN Nae UNIFORM INSTRUMENT WITH HERS ~•aA1PA)lososroi Form 01Sa~ vsar ~ or n s.n•.r VMP Menpaps Sawllonr. Mc "~gtt ~ g62PG3360 1 -~ (D) "f,eoder" is POLTON BANK Lender is a CORPORATIOlI organized and existing under the laws of STATE OF PENNSYLVANIA Lrnder's address is ONS PffiiN SQIIARS, yAIfCA3TaR, PA 17602 (E) "Note" nrcaiu the promissory note signed by Borrower and dated August 15, 2006 The Note states that Borrower owes Lender Two 8und:od Sixty Thowaad load Zero/100 Dollars N•S. S ]60, 000.00 )plus interest. Borrowtt has promised to pay this debt in regular Periodic Payments acrd to pay the debt in full not later then Sept~b~r Ol, 2036 (F) 'Troperty" means the property that is described blow under the heading "Transfer of Rights in the Property." tttertt char C,1 and late char eS (G) "Loan" means the debt evidenced by the Note, plus interest, any prt~ay B B due untkr the Note, and all sums due under this Sxtuity Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that ere executed by Borrower. The following Riders are to be executed by Borrower [chxk box as applicable): © Adjustable Rete Rider ~ Condominium Rider ~ Second Horne Rider ^ Balloon Rider ~ Planned Unit Development Rider 1-0 Family Rider VA Rider O Biweekly Payrnrnt Rider ®Other(s) fstxcifvl Legs! Description (I) "Applicable Law" means all t:ontrolling applicable federal, state and local statutes, regulations, ordinances and administrative rules end orders (that have the etl'ect of law) as well as all applicable final, non-appealable judicial opinions. (.~ "Commualty Association Dues, Fees, and Assessments" means ell dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners auociation or similar organization. (K) "Ekclrook Funds Transfer" means any uansfer of funds, other than a vansaction originated by check, draft, or similar paper instrument, which is initiated through an elecvonic terminal, telephonic instruttrrnt, computer, or magnetic tape so es to order, instruct, or authoriu a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, aWOmatod teller machine vensaaions, vansfcrs initiated by telephone, wire vansfers, end automated clearinghouse transfers. (L) "Escrow Items" means those items that ere described in Section 3. (111) "Mlscellaoeous Proceeds" ttteans any compensation, settlemrnt, award of damages. or proceeds paid by any third party (other then insurance proceeds paid under the coverages described in Sectron 5) for: (i) damage to, or destruction of, the Property: (ii) condemnation or other taking of all or any part oC the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions es to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance proleaing Lender against the nonpayment of, or default on, the Loan. (O) 'Terlodic Payment" means the regularly scheduled amount due for (i) principal and intttcst under the Note, plus (ii) any amounts under Section 3 of this Security Insvument. 5700533890 ~ 5700533690 MNbb. ~<A(DA) losorloi rwr r ai io form 3039 1101 ___ BK1962PG3361 - 3 i „ - , (P) "RLSPA" rtteans the Rat Estate Settlexrtatt Procedures Atx (12 U.S.C. Section 2601 et seq.) and iu implerrsntting regulation, Regulation X (24 C.F.R. Part 3500), as they might be ametrded from tune to ume, or any addtuonal or suex.FSSOr legislation or regulation that governs the same subject maaer• As used ~ in this $exwity Instrument, "RESPA" refers to all requirements and rutrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan hoes not qualify as a "federally related mortgage loett" under RESPA. (Q) 'Sueceaor fn [alerts! of Borrower" rrtesns any party that hag taken tide to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or [his Security Instrument. TRANSFER OF RIGHTS SN THE PROPERTY This Sexwity Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, eattensions and modifications of the Note; and (ii) the performance of Borrower's covutattu and agreements under this Security Instntrnatt and the Notc. For this purpose, Borower does hereby mortgage, grant and convey to MERS (solely as nomince for Lender and tender's successors and assigns) and to the successors and assigns of MERS, the following described property located in the County (Type of Recording JurisdMeion] of Cumberland, Township of Hampden lNamc ofRttordina Jurisdicuan): BEING the same premises more fully described in Exhibit "A" attached and made a part hereof. which curtently has the address of 907 !CENT DRIVE [StrcctJ IeCHItNIC88QR6 (CIryJ, Pennsylvania 17050 [Z~p Codcl ("Property Address"): TOGETHER WITH aH the improvernertu now or hereafter erected on the property, and all eesenxnts, eppurterrances, and fix[wes now or hereafter a part of the property. All rcplaarrtrnu and additions shall also be covered by this Secwity Instrument. All of the foregoing is referred to in This Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower m this Sexwiry Inslrrunrnt, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or alt of those interesu, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling tMs Stxwiry Instrument. 5700533890 5700533990 mxni, -gA(PA) rosotlo~ v.r•~ o~ +a Fortn 7039 1101 81(`1~9G2PG3362' - _ _ _ __ 4 BORROWER COVENANTS that Borrower is lawfully seised of the estate htxeby conveyed and has the right to rrartgege, gent and convey the Property and that the Property is unenctrmbacd, except for entaunbrtrrrces of record. Borrower warranu acrd will dtFend grnsally the title to the Property against all claims and demands, subjxt to any encumbrances of record. 'PHIS SECURITY INSTRUMENT wmbirres uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security insvtunem covering real property. UNIFORM COVENANTS. Borrower and Lender covenant end agee as follows: 1. Payrrrent of PMtttiPd, lotattat, Eacmw items, Prepayment Charges, sad Late Charges. Borrower shall pay when dtu the principal of, and interest on, the debt evidenced by the Note and any prcpayrrrprt charges and Tate charges due under the Note. Borrower shall also pay funds for Escrow items pursuant to Section 3. Paymrnts due under the Note and this Security instrument shall be made in U. S. currency. However, if any check or other inswrrtrnt received by Lender as payment under the Nole or this Saauiry lnswment is returned to !.ender urgtaid, Lender may require that any or all subsequent payments dire under the Note and this Sxurity ltuttwnent be made in one or more of the following forms, as seleged by Lender: (a) cash; rb) money order; (c) certified check, bank check, treasurer's check or cashier's chxk, provided any such check is drawn upon an institution whose deposits aze insured by a federal agency, insvumentality, or entity; or (d) Elecvonic Funds Transfer. Paymenu are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the aotice provisions in Section I5. Lender may rearm any paytnenl or partial payment if the payment or partial paymrnts are insufficient to bring the Loan current. Larder rosy accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such paymrnt or partial payments in rite future, but Lender is not obligated to apply such payments at the tirrre such paymrnts are atxcpted. !f each Periodic Payment is applied as of its scheduled due dale, then Lender need not pay imsest on ttnapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of tune, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Insvtunent or performing the covenants and agrecmenu secured by !his Security Inswment. 2. Applkation of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lends shall be applied in the following order of priority: (a) interest due under Ure Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security lnswment, and then to reduce the principal balance of the Note. If Lrnder rxeives a paymrnt from Borrower for a delinquent Periodic Payment which includes a sufTicirnt amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Peymrnt is outstanding, Lender may apply any pavment received from Borrows to the repayment of the Periodic Payments if, and to the extent that, each payment 5700533690 5700533890 InxnN L~ '. `mo'b;AIPA) Nso6l of rrvr ~ of is Form 7139 1101 8K 19~62PG3363~ __ _ _. 5 can be paid in full. To the extent that any excess exists after the payment is applied to the full paylttrnt of one or more Periodic Paymrnts, such access may be applied to any late charges due. Voluntary prepayrrxrrts shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceods, or Miscellaneous Proceeds to principal due under the Note shalt not extend or Postpone the due data, or change the amount, of the Periodic Payrnrnls. 3. F\tnds for Escrow Items. Borrower shall pay to Lender on the day Periodic Paytrtents are due under the Nole, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments end other item9 which can attain priority over this Sectuiry Instrument as a lien oc encumbrance on the Property; (b) h:asehold payments or ground rrnls on the PropMy, if any; (c) premiurrts for any end all insurance required by Lender under Suction 5; and (d) Mortgage Insuren« premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage [nstuance praniums in accordance with the provisions of Section f0. There iterrn arc called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Cotnmuniry Association Dues, Foes, and Assessments, it any, be escrowed by Borrower, end such dttes, fns and assessmenu shall lx on Escrow start. Borrower shall promptly famish to Lender all notices of artrounts to be paid under this Seuion. Borrower shall pay Lrnder the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Fturds for any or all Escrow (tans. Lender rrry waive Borrower's obligation to pay to Lender Funds for any or all Escrow Uems at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow (tans for which paymrnl of Funds has been waived by Lender and, if Lender requires, shalt furnish to Lertder receipts evidencing such paymrnt within such time period as Lender may require. Borrower's obligation to make such payrnrnts and to provide re«ipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. 1f Borrower is obligated to pay Escrow Ilemc directly, pursuant to a waiver, and Borrows fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Suction 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section ]5 and, upon such revocation, Borrows shall pay to Lender all Funds, and in such amounts, chat are then required under this Section 3. Lender may, at any time, rnlleet end hold Funds in an amount (a) su~cirnt to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to extxxd the maximum amount a lends can • require under JtESPA. Lender shall estimate the amount of Funds due un the basis of current data end reasonable estimates of expendittues of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shell be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lends shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lrnder shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or vsifying the Escrow ]terns, unless Linder pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires intsest Io be paid an the Funds, Lrnder shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and [.ender can agree in writing, however, that interest i 5700533890 5700533890 I„i, 411. l9~Ih;AtVA) losoelor rw~ s of ,s Foen 3079 1101 BK 1962PG336~•4 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds az required by ttESPA. [t there is a sttrplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with 1tESPA. !f there is a shortage of Funds held in escrow, az defined undo RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount ntxxssary to make up the shortage in accordtnce with RESPA, but in no more than 12 trtonthly payments. if there is a deficiency of Funds held in escrow, az defined unds RESPA, Lender shall notify Borrower az required by RESPA, and Borrows shall pay to Lender the artaunt necessary to make up the deficiency in accordance with RESPA, but in no ttrore than 12 trwnthly paymrnts. Upon paymrnt in full of all swrts secured by this Security Instrument, Lrnder shall promptly refund to Borrows any Funds held by Lender. 4. Charges; Liens. Borrows shall pay all texts, assesstttents, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, Icasettold payments or ground rents on the Property, if any, and Commuairy Association Dtxa, Ftxs, and Assessrttents, if any. To the extent that these items arc Escrow ]toms, Btrrrows shall pay them in the manner provided in Section 3. Borrows shall promptly discharge any lien whidt has priority ova this Security Instrument unless Borrower: (a) agrees in writing to the payrtrrnt of the obligation sectued by the lien in a trtanns acceptable to Lender, but only so long az Bortower is psforming such agreement; (b) contests [he lien in good (with by, or deferda against rnforcement of the lien iq legal proceedings which in Lrnder's opinion operate to prevent the enforcement of the lirn white those proceedings are pending, but only until such proceedings are concluded; or (e) secures from the holder of the lien an agrcetnent satisfactory to Lends subordinating the lien to this Security instrument. If Lender detsmines that any part of the Property is subject to a lien which can attain priority over this Security Instrumrnt, Lender may give Borrower a rrotice identifying the lien. Wi[hin 10 days of the date on which that notice is given, Burrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay none-time charge for a real estate tax verification and/or reporting service used by Lender in connection with [his Loan. S. Property lasunnce. Borrower shall keep the improvements now existing or hereafter erected on the Property insurrd against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes end floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires ptusttant to the preceding sentences can change during the term oC the Loan. The insurance carrier providing the irtsurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lcndcr may require Borrower to pay, in connxtion with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrows shall also be responsible for the paytncrtt of any fees imposed by the Federal Emsgrncy Management Agrncy in connection with the review of any hood zone detemtination resulting from an objection by Borrower. 5700533890 ~~6AIPA)tosorl.or 5700533890 mnwr P,a~ S ,r r e Fonn 7079 1101 6 ' BK 1962PG3:136r5~ ___ __ If Borrows fails to maintain any of the coverages described above, Lender tray obtain insurance coverage, at Lcnds's option and Borrower's expense. Lrnds is under no obligation a purchase any particular type or amount of coverage. Thsefore, such covsage shall covs Lends, but might or might not protxt Borrows, Borrower's equity in the Property, or the contents of the Propsty, against any risk, hazard or liability and might provide greats or lesser covvage than was previously in effect. Borrower acknowledges That the coat of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Sxtion 5 shall btxomc additional debt of Borrows secured by this Stxurity lnstrumenl. "fhtxe amounts shall bear intsest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All irowance policies required by lender and rerrewals of such policies shall be subject to Lends's right a disapprove such policies, shall include a standard rrartgage clause, and shall name Leads es mortgagee and/or as an additional loss peyce. Lends shall have the right to hold the policies artd rtatcwal certificates. [f Lentkr requires, Borrows shall promptly give to Lends all receipts of paid premiums and ratewal ratites. If Borrows obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clatae and shall name Lcnda as mortgagee and/or as an additional loss payce. In the evrnt of loss, Borrower shall give protrtpt notice to the inswance carrier and Lender. Lends may make proof of loss if rat [Wade promptly by Borcower. Unless Irnds.and Borrower otherwise agrce in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, it the restoration or repair is ewnornirally feasible and i L.ends's secwity is not lessened. Dtuing such repair and restoration period, Lends shall have the right to hold such iosurance procceds until Lends has had an opportunity to inspect such Propsry to ensure the work has been completed to Lrntler's satisfaMion, provided that such inspection shall be undertaken prorrrplly. Lends may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is wmpleted. Unless anagreentent is made in writing or Applicable Law requires intsest to be paid on such iasurartce proceeds, Lards shall not be required to pay 8orcows any interest or eart7ings an such procceds. Fes for public adjustors, or other third parties, retained by Borrows shall rat be paid out of the insurance proceeds and shall be the sole obligation of Bonowa. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Scctaity [nstrtunem, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in i Section 2. If Borrower abandons the Property, Lends may file, negotiate and settle any available insurance claim and rdated mattes. If Borrower does not respond within 30 days to a notice Crom Lends that the insurance carries has o(faed to settle a claim, then Lends may negotiate and settle the claim. The 30-day I psiod will begin when dre notice is given. In tithe event, or if Lends acquires the Property under Section 22 or othswise, Borrows hereby assigns to Lends (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrtrrttcnt, and (b) any other of Borrower's rights (o[hs then the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the covsage of the Property. Lender may use the instuance proceeds either to repair or restore the Property or to pay amounts unpaid ands the Note or this Security Instrument, whether or not then due. 5700533890 ~ 5700533890 Ini11~N ~dAtPAltosorbor r,ye / of n Form 7079 1101 BK ! 962PG3366 8 6. pcwpaacy. Borrower shell occupy, establish, end tree the Property u Borrower's principal residence within ti0 days attar the execution of this Security Instrument and shall continue to occupy the Property as Bortower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrtxs in writing, which consent shall not be unreasonably withheld, or unless extenuating circutrtetmces exist which are beyond Borrower' s control. 7, Preservation, Malntenaace and Protection of the Property; Irrspectaos. Borrower shall not destroy, damage or impair the Property, allow the Propmy to deteriorate or commit waste on the Property. Whether or trot Borrower is resttfing in the Properly, Borrower shall maintain the Propaty in order to prevent the Property from deteriorating or decreasing in value due so its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Btxrower shall protnptty repair the Property if datrtaged to avoid fitrther deterioration or damage. If insurance or condemnation proceeds are paid in connertion with damage to, or the taking of, the Property, Bortower shall be responsible for repairing or restoring the Property only if Lendtt has released proceeds for such purposes. Lender may disburse proceeds for the repairs end restoration in a single paymrnt or in a stties of progress payments as the work is conrplded. !f the insurance or rnndttttnalion proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Bortowtt's obligation for the completion of such repair or restoration. Linder ar its agent may make reasonable entries upon and inspections of the Properly. If it haz reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the loan application process, Bortowtt or any persons or entities acting at the direction of Borrower or wish Bortower's knowledge or consent gave materially false, misleading, or inaccurate information or statemrnts to Lender (or failed to provide Lender wiUt matttia] information) in connection wish the Loan. Material representations include, but art not limited to, representations concerning Borrower's occupancy of the Property es Bortower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Uodcr this Security Instruoent. If (a) Borrower fails to perform the covenants and agrarrtettts wntained in This Stxurity Instrument, (b) there is a legal procading that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condetnnatan or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the PropMy, then Lender may do and pay for whalevtt is reasonable or appropriate W protest Lendei s interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but ere not limited to: (a) paying any sotto secured by a lien which has priority over this Security lnslrutttenr (b) appearing in cotut; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrumrnt, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities tttrned on or off. Although Lender may take action under this Section 9, Lender does not have to do so end is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or ell actions authorized under this Section 9. 5700533690 /' / / 5700533890 ~,xa~ (it~[~=S ~~6A(PA) tosoal.ar P.p. a ,r , e Form 3039 1101 ~K 1962PG336T~t _..._ ___ __ 9, Any amounu disbrused by Lrndu undo this Section 9 shall become additional debt of Borrowu secured by this Secruity Ittstrunrettt. These amounts shall bear interest at the Notc rate from the date of disbwsemrnt and shall be payable, with such intuest, upon notice from Lrnder to Borrower requesting payrttmt. IC this Security Instrumrnt is on a leasehold, Bonowu shall wmply with all the provisions of the lease. If Horrowu acquires fce title to the Property, the leasehold and the Cee title shall not merge unless Lcndu egrets to the mergtx in writing. f0. Mortgage Insuraace. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. -t, for any reawn, dtc Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such irtsrumtcc and Horroww was required to make aeparetety designated paymenu toward the premiums for Mortgage Ittsararroe, Borrower shall pay the premiurrg required to obtain coverage substantially egtrivalrnt to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrowu of the Mongagc ]nsurana previously in elfxt, from an alternate mortgage insures selected by Lender. !( substantially equivalent Mortgage Insurance coverage is not available, Borrowu shall cattinue to pay to Lender the amount of the separately designated paymenu that were due when the insurance coverage ceased to be in effect. Lrndu will accept, rise and retain these payments as a non-refundable k7sa reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstmrding the fan that the Loan is Wtimatcly paid in full, and Lender shall not be required to pay Bortowu any intuest or earnings on such loss reserve. Lendu can no longu require loss resuve payments it Mortgage [tlsrtrarrtx wverage (in the atrromt and for the period that Lender requires) I provided by an irtsuru selected by Lendu again becomes available, is obtained, and Lrnder requires separately designated payments toward the premiums for Mortgage Insurance. !f Lender required Mortgage Insurarta as a condition of Ireaking the Loan and Borrower was required to make separately designated payments lowatd the premiums for Mortgage [asur7utce, Borrower shall pay the premiwns required [o Inainuin Mortgage Irtatrarrce in effect, or to provide atan-refundable loss restive, until Lender's requiremrnt for Mortgage Insurance ends in accordance with any writtrn agreement betwcen Borrowu and Lender providing for wch termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage lnsurancc reimburses Lendu (or any rntity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrowu is not a party to the Mortgage Insurance. Mortgage insures evaluate their total risk on all such insurance in force from time to time, and may enter info agreements with olhu parties That share or modify their risk, or redure losses. These agreemrnts ~ are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or partirs) to these agreements. These agioemenu may require the mortgage insurer w make payments using any source of funds that the Ir7ortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchase of the Note, another insurer, any reinsurer, any othu rntity, or any affiliate of any of the foregoing, may receive (directly or indircetly) amounts that duive from (or might be characluized as) a portion of Borrower's payments fur Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. if wch agreement provides that an affiliate of Lrndu takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often tamed "capuvc reln3Ufance." Further: (a) Any web agreements will not affect the amounts that Burrower bas agreed to pay for Mortgage Insurance, or aay other terms of the Loan. Such agrcemtots wiU not increase the amount Borrower well cwt for Mortgage Insurance, and they will not entitle Borrower to any refund. 5700533890 5700533890 Imli~b' ~iA(PA)tosogai v.a.rol ,s Form J07a 1107 9K 1962PG3368~~ 1'0 (b) Any wed agreements w01 trot affect the rights Borrower dos - if say -with respect to the Mortgage Insurance under the Homeowoera Protection Act of 1998 or aoy other law, Tdese rigba may ladt:de the rlgbt to receive certain diseiowrea, to request sad obtafe eaacellatbo of the Martgstge loerrance, to have tde Mortgage Inwnace ternriaated automatically, astd/or to receive a «fuad of aoy Mortgage [nsusyaee p«miums tbat were unnraed at the time of wch nstcellatba or teemMatioa. 11. Auigatment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lcndu. If the Property is dttmsged, such Miscetlant:ous Prtxtxds shall be applied to restoration or repair of the Property, if the restoration or repair is ewnomically feasible and Lender's security is not ltsaerted. During stmh repair and restoration puiod, Lrnder shall have the right a hold sttch Miscellaneous Proceods until Lendu hat had an opportunity to inspect such Property a ensure the work has born completed to Lender's satisfaction, Provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disburstmtertt or in a series of progess payments as the work is cotrtpleted. Unless an agrtxment is made in writing or Applicable Law rogtrtres interest to be paid on such Miscellaneous Proceeds, Linder shall clot be required to pay Bortowu any interest or earnings on such Miscdlatxrous Prt~ctxds. If the restoration or repair is not oconomiwlly feasible or Lender's security would be lessened, the Miscellaneous Proceeds shell be applied to the stare secured by this Security Instrurttent, whethu or tat thrn due, with the excess, if any, paid to Borrows. Such Mistxllaneotu Proceeds shall be applied in the order proviticd for in Section 2. [n the event of a total taking, destruction, or loss in value oC the Property, the Miscellaneous Procoeds shall be applied to the suttty secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property itrunediately before the partial taking, destruction, or loss in value is equal to ur greats than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lrnder otherwise agree in writing, the sums secured by this Security Instrtunmt shell be reduced by [he amount of the Miscell9ntrous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, a loss in value divided by (b) the fair market value of the Property immediately before the panial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Properly in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the stuns secured immediately before the partial taking, destruction, or loss in value, unless Borrowu and Lrndu otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or it; after notice by Lender to Borrows that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrowu fails a respond to Lender within 30 days after the daft the notice is given, Lrndei rs authonzed to collect end apply the Miscellaneous Proceeds sther to restoration or repair of the Properly or to the sums secured by this Security instrument, wheths or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Procoeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Bortowu shall be in default if any action or proceeding, whether civil or siminal, is begun that, in Lrndu's judgmrn4 could result in forfeiture of the Property or othu material impairment oC Lcndu's imerest in the Propury or righLS under this Security lnsirumcnt. Borrower can cure such a default and, if acceluation has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be 5700533890 ~.6AIPA) tosrq o, 5700533890 mnaa vat. ro of tr Form 9079 1101 BK 1962PG3369 __. __ __ 1.1 _ _ __---- • dittrrtissod with a ruling that, is I.ertdtt's judgmrn4 P~l~ forfeiture of the Property or other material impairment of Lttnd«'s interest in the Property or rights under this Security Ins7rumrnt. The prtxeeds of any award or claim for tinntagts that are attributable to the impairntertt of lend«'s intertxt in ttte Property are h«eby asaigtted and shall be paid to Lrnder. All Mistxllatreous Proceeds that are not applied to restoration or repair of the Properly shall be applied in the order provided for in Station 2. l2. Borrower Not ttelused; Forbearance By Leader Not a Waiver. Extension of the time for paymertt or modification of amortization of the sums secured by this Security Instrument granted by Lender to Btrrrow« or .ny Successor in lntertxt of Borrows shall not operate to rdcase the liability of Borrower or any Successors in Interest of Borrow«. Lrndtt shall not be required to corrtmence prtrccedings against any Successor in interest of Btx7owtt or to refuse to extend time for payrrtrnt or otherwise modify tttttonization of the sums sauced by this Security Instrument by reason oCatry dorr>ertd trtade by the original Bortt3wa tx any Successors in ]nl«cet of Bortow«. Any forbearantx by Lrntkr io exercising any right or r«rtody including, without limitation, Lender's acceptance of payments from third persons, entities or Strcccesors in Interest of Borrower or in amounts less than the amount then due, shall not be a waives of or preclude the exercise of any right tx remedy. 13. Joist sad Several Liability; Co-signers; Sutxesaan aed Assigns Bound. Borrower covt:rtants and agrees that Borrowd s obligations and liability steel I be joint end sevttal. tiowev«, any Bortow« who rn-signs thin Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Stxurity Irtstrurrtent only to tnorlgage, grant and convey the co-signer's intttcel in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the stuns secured by this Stxurity lnstrturtertt; end (c) agrees that Lender and any othu Borrower can agr« to extend, modify, forbear or make any accommodations with regard to the Icrms of this Security InsUumrnt or the Note without the co-signtt's consrnt. Subjtxt to the provisions of Section !g, any Successor in Intercet of Borow« who assumes Bortow«'s obligations under this Security Instrttmcnt in writing, and is approved by Lender, shall obtain all of Borrowtt's rights and benefiu under this Security Instrument. Borrower shall not be released from Borrow«'s obligations and liability under this Security lnslrumcnt unless Lend« agrees to such release in writing. The covenants and agreements of this Security lnstrtunent shall bind (except as provided in Staion 20) and brnefit the successors and assigns of Lend«. 14. Loan Chsrga. Lrntier may charge Borrower fees for scrvitxs pttformed in connection with Bortower's default, for the purpose of protecting Lrndcr's interest in rho Property and rights antler this Security Instrument, including, but not limitod to, attorneys fees, property inspection and valuation fees. In regard to arty other fees, the absence of express authority in this Security Instrurrterrl to charge a spxific fce to Bonaw« shall not be constrtrod as a prohibition on the charging of such f«. Lend« may not charge fees thu ere expressly prohibited by this Security Instrumrnt or by Applicable I.aw. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the intercet or oth« loan charges collected or to be collated in connection with the Loan exceed the permitted limits, thrn: (a) any such loan charge shall be reduced by the artwunt necessary to redutx the charge to the permitted limit; and (b) any sums already collected from Bortow« which excooded permitted limits will be refunded to Borrower Lend« may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borower. if a rc(und reduces principal, the reduction will be treated as a partial prepayment without any prt:paymrnt charge (whcth« or not a prepayment charge is provided for tender the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any nght of action Borrower might have arising out of such ovttcharge. 15. Notitts. All notitxs given by Borrow« or Lend« in conntx[ion with this Security lnstrttmcnt must be in writing. Any notice to Borower in wnnection with this Security Irutrumcnl shall be deemed to 5700533890 5700533890 i•ma• ~iA(VA)loswlo+ wp•~+oi,r Form 303a 1101 BK 1962PG3370 12 have ban given to Borrower when mailed by first class rrtail or what actually ddivsed to Borrowds notice address if sent by other means. Notice to arty one Borrower shall wretitute notice to all Borrowers trrtless Applicable Law expressly requires otherwise. The notice address shall be the Propsry Address unless Borrower has designated a substitute ttotice address by notice to Lettds. Borrows shall promptly notify Lrnds of Borrower's change oC address. If Lertds specifies a procedure for reporting Borrower's change of address, then Borrows shall Drily report a change oC address through that specified procedwe. Thse may be only one designated notice addrtss ands this Security ]nnttrment m any one time. My notitx to Lendu shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unltxs Lender hat deeigttated tutoths address by nonce to Borrows. Any notice in conttxtion with this Security InsUument shall not be deemed to have been givrn to Lender until actually received by Lender. If any ttotice required by this Security Instrttmatt is also required under Appliarble ]aw, the Applicable Law requirement will satisfy the corresponding requiremrnt urttler this Security Insttvment. 16. Governing L,aw; Sevenbllity; Rules of ConstruMion. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Ittslrument are subject to any requiremrnts and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agra by contract or it might be silent, but such siltxtce shall ttol be corutrtxd as a prohibition against agrcemcnt by wntract. In the event tftat any provision or clatrse of this Security Instntment or the Note conflicts with Applicable Law, such conflict shall not effect other provisions of this Security Instrtunent or the Note which can be given efftx4 without the conflicting provision. As used in this Security Instrument: {a) words of the masculine gender shalt mean and include corresponding rteuts words or words of the feminine gender; (b) words in the singular shall mean and include the plwal and vice vttsa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrows shall be given one copy of the Note and of this Stxwiry lnstrtunrnt. I8. Transfer of the Property or a Benetlcisl Interest in Borrower. As used in this Section lg, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial intsests transfsreJ in a bond for decd, contract (or deed, installment sales contract or escrow agtx;ment, the intent of which is the lransfs of title by Borrower at a futwe dale to a pwchass. If all or any part of the Property or any [nteresr in the Property is sold or transferred (or if Borrower is not a natwal person and a brneficial intsest in Borrower is sold or transferred) without Lender's prior written consent, Lends may require immediate paymrnt in full oC all sums sawed by this Sectuity lnsttwttcnt. ]iowevs, this option shall not be exercised by Lends if such exercise is prohibited by Applicable Law. If Lends exercises this option, Lends shall give Borrower notice of acceleration. The notice shall provide a psiod of not less than 30 days Gem the dale the police is given in accordance with Section IS within which Borrowtt must pay all sums secwed by this Secwity Instrument. if Bortower fails to pay these sums prior to Ute expiration of this period, Lender may invoke any remedies permitted by this Security Itutrument without further twtice or demand on Borrower. t9. Borrower's Rlght to Reinstate After Acceleration. if Borrower meets certain conditions, Borrows shall have the right to have eaforocment of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuartt to any power of sale contained in this Secwity Instrument; (b) such oths period as Applicable Law might spxify for the termination of Borrower's right to reinstate; or (c) entry of a judgmcm enforcing this $xwity Instrument. Those conditions are that Borrower: (a) pays Lrnds all sttms which then would be due under this Secwity tnstrtrment and the Note as if ra acceleration had occurred; (b) ewes any defauh of any other covenants or 5700533890 ~i,z/ ` 5700533890 mnrn "~~//~~ ®!A(VA) tososi o+ rs. +z o, n Form 5079 1101 ~i1962PG3371'+ agreenterrts; (e) pays ell expenses incurred k enforcing this Security lastrttntenl, including, btu not limited to, reasonable attorneys' fees, property inspxtion and valuation fete, and other fees itxurred for the purpose oC prottxting Lender's intttet in the Property and rights undo this Security Instrurrlrnr, and (d) takes such action as Lender may reasonably require to assure that Lendtt's intcres[ in the Property and rights undo this Setatrity lnstrtrrttent, and Borrowtt's abligatan to pay the sums secured by this Security lnswment, shall continue unchanged. Lender may require that Bortower pay such reinstalemrnt sums and expenses in one or more of the following forms, es selected by Lender: (a) cash; (b) money order; (c) certified attack, bank check, treastuer's check or cashier's check, provided any stuh.check is drawn upon an isutitution whose deposits are inwrred by a fetittal agrncy, instrttntrntality or entity; or (d) Electrortic Futlda Transfer. Upon reinatatanem by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective a if no acceleration had occlured. However, [his right to reinstate shall tat apply in the tae of rtccderation under Section 18. 20. Sak of Note; Change of Loen Servitxr, Notice of Grlevaoce. The Notc or a partial intttest in the Note (together wish this Security lnetrumrnt) can be sold otte or more times widaut prior ratite to Borrowtt. A sale might result in a change in the entity (known as the "Loan Services") that coUats Periodic Payrrtrnts due urtder the Note and this Security Instrument and performs othu mortgage loan servicing obligations undo the Note, this Security Instrument, and Appliable Law. Thtte also might be one or [rare changes of the Loan Sevier unrelated to a sale of the Note. If there is a change of the Loan Savicer, Bortowtt will be given written notice of ttre change which will state the name and address of the now Loan Services, the address to which payments should be made and any othu information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Services other than the purchaser of the Note, the mortgage loan servicing obligations to Borrowtt will remain with the Loan Services or be transferred to a successor Loan Suvicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commrnce, join, or tx joined to any judicial action (as cutter an individual litigant or the member of a class) that arises from the odttt party's actions ptasuent W this Security Instrument or that alleges that the othtt party has breactuxl any provision of, or any duty owed by reason of, this Security Instrument, until such Borrows or Lender has notified the other party (with such notice given in compliance with the requirements of Sation 15) of such alleged breach end afforded the other party hueto a reasonable period after the giving of such notice to take corrective action. If Applicabk Law provides a time period which must elapse before certain action can be taken, that tutu period will be deemed to be reasonable for purposes of this paragraph. The ratite of acceleration and opportunity to cure givrn to Bortowtt pursuant [o Section 22 and the notice of acceleration given to Borrows pursuant to SeGion IB shall be deenaxi to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Scclion 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kuosene, other Oammable or toxic petroleum products, toxic pesticides and herbicide, volatile solvents, materials containing asbestos or formaldehyde, end radioactive materials; (b) "Environmental Law" means federal laws and laws of Ihejurisdiction where the Property is Icxated that relate to health, safety or environmemal protection; (c) "F.nvironmrntel Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, wntribute to, or otherwise trigger an Environmental Cleanup. 5700533890 ~•aA(PA) Issory of 5700533890 u,nim: vp. a of le Form 3a]f tlOt 13'. ,9!(_196.2PG3372~ Borrower shell not cause or permit the presrnce, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrows shall not do, nor allow anyone dse to do, anything afleUing the Property (a) chat is in violation of any Environmental Law, (b) which seates an Environmental Condition, or (c) which, due to the presence, use, or rdease of a Hazardous Substance, sestes a condition that adversely affects the value of the Property. The preceding two srntrnces shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substatrccs that are gettaally recognized to be appropriate to raxmal «sidential uses and to maintatance of the Propsry (including, but not limited to, hazardous substances in consumer produru). Borrower shall promptly give Lender written notice of (a) any investigation, claim, detttartd, lawsuit or other anion by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Eavirtnttrtrntal Law of which Borrows has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, releax or thhrrtal of release of any Hazardous Subatartce, erred (c) any condition caused by the presence, use or release of a Haavdous Subata,tce which adversely affats the value of the Property. If Borrows leattts, or is notified by any govetuntentsl or regulatorX wthoriry, or any private parry, that m removal or oths rcmediation of any Hvardous Substance ttffectmg the Propsty is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Enviromtterttai Law. Nothing hsein shall create any obligation on Lends for an Environmental Cleanup. NON-UNIFORM COVENAN'£S. Borrows end Lends furths covenant and agree as follows: 21. Aecekrotlon; Remedia. Lender stall glue notitt to Borrower prbr fo aceelentioa folbwing Borrower's breach of nay covenant or agreement is this Security Instrument (bat not prior to accdexatbn under Section 18 nukes Applicable Law provides otberwbe). Lender shill notify Borrows of, among other things: (a) the efault; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure Me default as specified may result in accekratio^ of the sums secured by thh Security loslrumen[, forcebsure by Judicial proceeding and sale of the Property, Lender shall further inform Borrower of the right to reinNate after acceleration and the tight to asxrt in Me foralosure proceeding the erne-a:istence of a default or say other defense of Borrower to acoekratioa and forecbsura [f the default b not cured as spceittcd, Lender at Its optbn may require immediate payment in full of all cams secured by this Security lastrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shah be entltkd to colkct NI expenses incurred In pursuing the remedies provided in this Section 22, Including, but not limited tq attorneys' fees and costa of Iitk eridrncr to the extent permitted by Applkabk Law. 23. Release. Upon payment otall sumo secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate wd bexome void. Atls such occturence, Lender shall discharge and satisfy this Security Instrument. Borrows shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Sextuity Instrument, but only if the ice is paid to a third party for services rmdsed and the charging of the fee is pemtitted under Applicable Law. 20. Waivers. Borrows, to the extent Permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Securrry Jnstrument, and hereby waives the benefit of any present or future laws providing for stay of cxtx:ution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reiastatetneot Period. Borrows's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a shaitT s sale or oths salt ptusuant to this Security Instrtunwt. 26. Purehax Money Mortgage. ]f any of the debt secured by this Security instrument is lent to Borrows to acquire title to the Property, this Security Instrument shall be a purchase rnoney mortgage. 27. Interest Rate Alter Judgment. Borrows agrces that the interest rate payable after a judgment is entsed on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 5700533890 ~•OA(PAI tosotto+ 5700533890 InNIW v.r.+~ o++c Form 3030 1101 14 ,BK 196.2PG33~73 _--- -- - 15 BY SIGNING BELOW, Bortower accepts and agrees to the terrttq and covrnants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses. v L/ `~~ " Seal ~ ) PATRIC7C R PARE •6orrowcr (Seal) -norrowcr ~ (Seal) Scal ~ ) •Borrowcr -Borrows (Sarl) (Seal) -Borrowcr •Borrowcr ~~) (Seal) -t3ortowcr -Borrower 5700533890 5700533890 -aA(PA)~osoe~o~ rq. ,s oin Form ~03i 1101 8K 19.62PG3374: COMMONWEALTH OF PENNSYLVANIA, eetelsltsnam DAUPHIN County ss: On this, the 15th day of August, 4006 ,before me, the undersigned officer, personally appcarcd kATRirat R PARK 1 61 known to trte (or satisfactorily proven) to be the person(s) whose name(s) islarc subscribed to the within inatnunent end acknowledged that Ix/shdthey executed the satne for the purposes herein contairted. DV WITNESS WHEREOF, 1 hereunto set my hand and official seal. My Commission Expires: COMMONbVEALTH Of PENNSYLVANIA •'i. ~` ~ "~ ' ~'' NalaialSod ~=_' (w`u~y ~ `, ;b'• : ,~ -. ~. was~pta,' ~ ~ Notary Pua~c ~' * :. : ~ . . Dauphin Couruy ,~;~ My Cormtissun ErOrires May 21,2009 S ,r Member, Pennsylvania ASSOCIaI1~JR of Nolarie5 NOTARY PUBLIC Tirk ol'On'iccr ; _a'~~Je ._ _ ..}~lrV CertiOcate of Residence I, Terrence J. Kerwin, Esquire , do hereby certify that 1 the correct address of the within-named Mortgagee is P.O. Box 2026, Flint, MI 48501-2026. 1 Witness my hand this 15th day of august, 2006 ~~ ERRENC KERWIN, ESQUIRE Agenr of Mpng~gee 5700533890 5700533890 In LL1.4: ®-6AIPAl tosor).o~ v,p. ia., ,e Fonn 30)9 7107 BK 1962PG3375 ^ 1~ _. ~' t , FIXED/ADNSTABLE RATE RIDER (One-Year Treasury (sdex -Rate Caps) THIS FIXEDIADJUSTABLE RATE RIDER is made this 15th day of August, 2006 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the 'Security Instrument"j of the same dale given by the undersigned ('Borrower') to secure Borrower's Fixed/Adjustable Rate Note (the "Note') to pOLTON BANK (" Lender") of the same date and covering the property described in the Security Instrument and bcaled at: 907 RffitT DRIVE 1BCFUNICSBQRO, pA 17050 (Property Address) THE NOTE PROVIDES FOR A CHANGE IN BORROWER'S FIX® INTEREST RATE TO AN ADJUSTABLE INTEREST RATE THE NOTE UMITS THE i, AMOUNT BORROWER'S ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender fuAhar covenant end agree as follows: A. ADJUSTABLE RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial fixed interest rata of 7.000 %. The Note also provides for a change in the Initial fixed rate to an adjustable interest rate, as follows: 4. ADJUSTABU5INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The initial fixed interest rate I will pay will change to an adjustable Interest rate on the first day of September, Y013 ,and the adjustable interest rate 1 wiN pay may change on that day every 12th montA thereafter. The date on which my initial fixed interest rate changes to an adjustable interest rate, and each data on which my adjustable interest rate could change, is called a'Change Date.' (B) The Index ~, Beginning with the first Change Oate, my adjustable interest rate will be based on an Index. The 'Index' is the weekly average yield on United States Treasury securities adjusted to a constant maturity of one year, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the 'Current Index." 5700533690 .5700533890 MULTISTATE FIXED/ADJUSTABLE RATE RIDER -ONE-YEAR TREASURY INDEX -Single Family -Fannie Mae Untlorrn Inetrumsnt Form 3182 1107 ~43R (0405) / Pag 1 of 4 Initials: VMP Mortgage Solutions, Inc. (800 )521-7291 -•~8K 19~62PG3375 ff the Index is no bnger available, the Note Holder wiN choose a new index that is based upon comparable information. The Note Holder w III give me notice of this choice. (C) Calculaton of Chanpss Before each Change Date, the Note Holder will calculate my new interest rate by adding Three percentage points I ( 3.000 %) to the Current Index. The Nole Folder will then round the resuh of this addition to the nearest one~ighth of one percentage point (0.125'yo). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be ~ sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) lJmks on Intares! Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than ~ 12.000 % or less than 3.000 %. Thereafter, my adjustable interest rate will never be increased or decreased on any single Change Date by more than two percentage points from the rate of Interest I have been paying for the preceding 12 months. My interest rate will never be greater than 12.000 ~ . (E) EHectbe Data of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (~ Notka of Cttarrysa The Note Holder will deliver or mail to me a notice of any changes in my Initial fixed interest rate to an adjustable Interest rate and of any changes in my adjustable interest rate before the effective date of any change. The notice will include the amount of my monthly payment, any information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFi3t OF THE PROPERTY OR A BENEFlCIAL INTEREST IN BORROWER 1. Until Borrower's initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section A above, Uniform Covenant 18 of the Security Instrument shall read as follows: Trenafer of the Property or a Beneikial Interest In Borrower. As used in this Section 18, "Interest in the Property' means any legal or beneficial interest in the Property, including, but not limited to, those beneficial Interests transferred in a bond for deed, contract for dead, Installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower al a future date to a purchaser. If all or any pars of the Roperty or any Interest in the Roperty is sold or transferred (or If Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. 5700533890 ~ 5700533890 Initials: ~y-843R (0405) Page 2 of 4 Form 3182 1!111 _--_ - 18 61<1962PG3377 ,~ 19- However, this option shell not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, lender shall give Borrower notice of accelerffiion. The notice shah provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by This Security Instrument. If Borrower fails to pay these sums prior to the expiraton of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 2. When Borrower's inRlal fixed Interest rate changes to an adjustable Interest rate under the terms stated in Section A above, Uniform Covenant f 8 of the Security Instrument described in Section B1 above shall Then cease to be in effect, and the provisions of Uniform Covenant 18 of the Security Instrument shall be emended to read as follows: Trarnter of the Property or a BeMflclel Interest fn Borrower. As used in this Section 18, 'Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, ~ the intent of which is the transfer of title by Borrower at a future date to a ' purchaser. i If all or any part of the Roperty or any Interest in the Property Is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, This option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if anew loan were being made to the transferee: and (b) lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to lender and that obligates the transferee to keep all the promises and agreements made in the Nole and in this Security Instrument. Bottower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not lass than 30 days from the date the notice Is given In accordance with Section 15 within which Borrower must pay all sums secured by this SecurBy Instrument. Ii Borrower fails to pay these sums prior to the expiration of this period. Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 5700533890 5700533890 Initials: ~~ ~r843R (0405) Page 3 of 4 Form 3182 1101 j gK I g62PG.337 8 __--- __ ao ~, BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained Adjust in this Fixed/ le Rate Rider. ' / (Seal) (~) YATRIQf R P •BorroW ef -BOrrow6r (Seal) (Seal) -Borrow er -Borrower (~aI) (Seal) -Borrow er -Borrower (Seal) (Seel) -Borrow er -Borrower ~. 5700533690 5709533890 843R (0405) Page 4 of 4 Forth 3182 1101 1 Certify this to be recorded Tn Cumberland Countv PA -~~ a ~~Ci;-~~'i; -s.,. ~. r•ar; ~1' a,. ~l'Cfer ' 8K 1962PG3379~ __ _ 27~~ ..,. ALL THAT CERTAIN tract or pazcel of land and premises, situate, lying and being in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the North side of Horsham Drive, said point being also a distance of 89.98 feet West of the intersection of the West side of Kent Drive and the North side of Horsham Drive; thence by the line of Lot No. 371 North l0 degrees 43 minutes 58 seconds East a distance of 162.00 feet to a point at line of Lot No. 366; thence by same and Lot No. 367 North 82 degrees 42 minutes 50 seconds East a distance of 11.28 feet to a point at line of Lot No. 369; thence by same South 51 degrees 18 minutes 40 seconds East a distance of 1 S3.SS feet to a point on the West side of Kent Drive; thence by same South 38 degrees 41 minutes 20 seconds West a distance of 112.21 feet to a point at a curve; thence by same and a curve to the right having a radius of 15.0 feet, an arc length of 19.64 feet to a point on the North side of Horsham Drive; thence by same North 66 degrees 17 minutes 20 seconds West a distance of 38.83 feet to a point at a curve; thence by same and a curve to the left having a radius of 175.00 feet an arc length of 39.64 feet to the place of , BEGINNING. BEING Lot No. 370 Final Subdivision Plan No. 3, Hampden Square, by D.P. Raffensperger Associates, dated April 19, 1983 and recorded in Plan Book 43, Page 139, Cumberland County Records. CONTAINING 17,596 square feet. HAVING thereon erected a dwelling known and numbered as 907 Kent Drive, Mechanicsburg, Pennsylvania. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and rights of way of record. IT BEING the same premises which Bernard E. Kask and Carol L. Kask, husband and wife, by a Deed dated August l S, 2006 and to be recorded herewith in the Recorder of Deeds Office of Cumberland County, granted and conveyed unto Patrick K. Park, the MORTGAGOR herein. EXHIBIT "A" D: W LIDESC1Park-907•Kent-Dnve.wpd ~{ ! 9.62PG338O ~f f 1$1'"~ ~. ii .. ... .... Exhibit C 1057.FL-5700533890 PATRICK K PARK 403 HUCKLEBERRY RD NEW BLOOMFLD, PA 17068-8204 Page 1 of 7 August 5, 2010 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice. If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1 (800) 342-2397 (Persons with impaired hearing can call (717) 780-1869) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO (1-800- 342-2397). PUEDES SER ELEGIBLE PARR UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL COAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Page 3 of 7 HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: Patrick K Park 907 Kent Dr Mechanicsburg, PA 17050-2225 FL-5700533890 Fulton Bank, NA Fulton Bank, NA HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IFYOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing): During that time you must arrange and attend a "face- to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE 1F YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which theproperty is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign, and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU NAVE AMEET/NC WITH A COUNSEL/NG AGENCY WITHIN 33 DAYS FO THE POSTMARK DATE OF THIS NOT/CE AND FILE AN APPLICATION WITH PHFA WITH/N 30 DAYS OF THAT MEETINCj THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARYSTAY OF FORECLOSURE. " YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM START/NG A FORECLOSURE ACTION, BUT /F YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHER/FF'S SALE, THE FORECLOSURE WILL BE STOPPED. Page 4 of 7 AGENCY ACTION -Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (Ifyou have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it un to date) NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at:-907 Kent Dr, Mechanicsburg, PA 17050-2225 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS FROM 04/01/10 THROUGH 08/01/10 and are currently past due for the following amounts: Total PaymentAmount: $10,394.70 Late/Other Charges: $345.92 Attorney Fees: $O.UO TOTAL AMOUNT PAST DUE: $10,740.62 HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $10,740.62, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or mony order made payable and sent to: ATTN: Melinda Zellers Fulton Bank, NA PO Box 4887 Lancaster, PA 17604-4887 IF YOU DO NOT CURE THE DEFAULT -Ifyou do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within 'THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE l5 FORECLOSED UPON -The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. !f you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -Ifyou have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paving the total amount then past due plus any late or other char¢es then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performin any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. Page 5 of 7 EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Fulton Bank, NA Address: PO Box 4887 Lancaster. PA 17604-0887 Phone Number: (800) 521-8617 x8584 Fax Number: X717) 391-2908 Contact Person: Melinda Zellers Residential MortQaee Collector EFFECT OF SHERIFF'S SALE -You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and you right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - If permitted by your mortgage documents, you may be able to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBTOR "f0 BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS lF NO DEFAULT HAD OCCURRED, lF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, } ,>'. - //!fir: Lc i,r-,' L .. ~ ,r t ~ ~ u..-~ Melinda Zellers Authorized Representative Fulton Bank, NA Certified and Regular Mail Consumer Credit Counseling Agencies CUMBERLAND COUNTY Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.51 1.2227 Page 6 of 7 Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 The Pennsylvania housing Finance Agency can be reached TOLL FREE at 1-800-342-2397 Page 7 of ? ACT 91 LETTER -dated 08/05/10 7009 2820 0002 6233 8545 CERTIFIED RECEIPTS PARK PATRICK K / #5700533890 (105 a 0 ~ P !~1 ~,('~ ! ( O m ~ ~ ~ poi' ' P'~ ~ ~ i ~ ~~ ~ _ ~ ~ CeNaaa Fea i '3 f ~ o Rea.o Reo.~pe Fee C ~ (EndoroemeM Revolted) "~ ~ ReW+cbdDeMvsryFee `~ O~s~ d~ i (EndoraemerN Required) / '~7 ~ O Tl1 ~ RJ Q. ~ PATRICK K PARK _____ ____ _ o ~ 907 KENT DR - - ° ~ MECHANICSBURG, PA 17050-2225 -------------- $... SSo ~ ~Q o >~ ~ o o^ ~ oo s ~ g U ~ 3 r ~ ~ ~ ~ i ~ ~ ~ ~~0 ~ fr'1 m ~~ ~ g ~ ~ ~ .~ ~;~ ~ ~ ~ o~ ~. ~ ~ .~ Q o^ ~ ~, a x m o~ M •r n i _ _., ~ ~,, ~ QI R 1 S2 i m _~ ~ -Q ~~ _ ~ ~ Q `CC~ O ~ o. .. a ~ "' ~ ~- ~: m ~~~- ~o ~~ :~~~~ ~ m ~~ m~~i~~ a av~ i~ ~ ~ c~p o s0.` NQ o M_ w ^ N N N O L!7 O Q a N a ~ '~ U ~ Q ~a ~ _ F` ~ ~ arn~ ~ ~P~ ~'( ~` w 1 !t ~ ~~ ~ carne ~,r ~ Q 02 1M AU< i OOQ~239024 '~ MA-LEO FROM ~ GG ~, m f'T1 .tl E1.1 O p O ~~ ~ ~.... ~- .____.. o ~~ o C`- ~ r _~~ a '~ :~ ,~ N d ~' ; ~:_&:,~ ,~-w~ A ~. S W J s r ~ ~ ~, U \' Q A n ~+ ~= 0 ~. R. ~ c ~'. +` "~ ~~f J ~.. '~~ U ~- Z ~. J G' ~'; r 1057.FL-5700533890 PATRICK K PARK 907 KENT DR MECHANICSBURG, PA 17050-2225 Page 1 of 7 (This page intentionally left blank) Page 2 of 7 August 5, 2010 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name address and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice. If you have any questions. you may call the Pennsylvania Housing Finance Agency toll free at I (800) 342-2397 (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SOMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO (1-800- 342-2397). PUEDES SER ELEGIBLE PARR UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL COAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Page 3 of 7 HOMEOWNER'S NAME(S): Patrick K Park PROPERTY ADDRESS: 907 Kent Dr Mechanicsburg, PA 17050-2225 LOAN ACCT NO.: FL-5700533890 ORIGINAL LENDER: Fulton Bank, NA CURRENT LENDER/SERVICER: Fulton Bank, NA HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS lF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAYBE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • lF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IFYOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • lF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay o1' foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face- to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NO_T APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign, and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. /F YOU HAVE A MEETING WITH A COUNSEL/NG AGENCY W/TH/N 33 DAYS FD THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION W/TH PHFA WITHIN 30 DAYS OF THAT MEETINGS THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, !N THE SECTION CALLED "TEMPORARYSTAY OF FORECLOSURE. " YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPL/CAT/ON WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BG~T IF YOUR APPLICATION /S EVENTUALLYAPPROVED AT ANY TIME BEFORE A SHER/FF'S SALE, THE FORECLOSURE W/LL BE STOPPED. Page 4 of 7 AGENCY ACTION -Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION [N BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have tiled bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 907 Kent Dr, Mechanicsburg, PA 17050-2225 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS FROM 04/01/10 THROUGH 08/01! l0 and are currently past due for the following amounts: Total PaymentAmount: $10,394.70 Late/Other Charges: $345.92 Attorney Fees: $0.00 TOTAL AMOUNT PAST DUE: $10,740,62 HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $10,?40.62, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check certified check or money_order made payable and sent to: ATTN: Melinda Zellers Fulton Bank, NA PO Box 4887 Lancaster, PA 17604-4887 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mort~a¢e debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortQased property. IF THE MORTGAGE [S FORECLOSED UPON -The mortgaged property will be sold by the Sherifl~ to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attomey's tees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, ~u still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You may do so by paying the total amount then past due plus any late or other charees then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Shenff's Sale as specified in writing by the lender and by_performing any other requirements under the mort>;aee. Curing your default ~n the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. Page 5 of 7 EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Fulton Bank. NA Address: PO Box 4887 Lancaster. PA 17604-0887 Phone Number: (800) 521-8617 x8584 Fax Number: (717) 391-2908 Contact Person: Melinda Zellers Residential Morteaee Collector EFFECT OF SHERIFF'S SALE -You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and you right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - If permitted by your mortgage documents, you may be able to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO NAVE THE RIGHT: • T'O SELL THE PROPERTY TO OBTAIN MONEY "f0 PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAl' OFF THIS pEBT. • 1'O HAVE 'T'HIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO I~HE SAME POSITION AS IF NO DEFAULT' HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, Melinda Zellers Authorized Representative Fulton Bank, NA Certified and Regular Mail Consumer Credit Counseling Agencies CUMBERLAND COUNTY Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.51 (.2227 Page 6 of 7 Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 The Pennsylvania housing Finance Agency can be reached TOLL FREE at 1-800-342-2397 Page 7 of 7 ACT 91 LETTER -dated 08/05/10 7009 2820 0002 6233 8613 ' CERTIFIED RECEIPTS PARK PATRICK K / #5700533890 (10571 4 N - N .~ m /. _: FTC rmu s ' ~,: y '~ .~ ~ 'c ~ Wre C O (EndomeM Re4~~1 ~ >v ~ ~ Td91 f ~ I ~ o PATRICK K PARK .._.- °' 403 HUCKLEBERRY RD _ 0 o ro NEW BLOOMFLD, PA 17068-8204 ~ ~~~ ~`' cay Si m m _.a 0 0 a 0 .q,, I ®~ r ~ 05.71° o z 1~n 0004239024 AUG09 2010 MAILED FROM ZIPGODE 1 7520 t7 OQ Q'~ L ~ t ``^^ O 2 vJ ~~~ ,, ~C ~ m'' O ~~~ ,~Q ~~ O 'J 2 m ~. ~ ~ .~ _ ~ '"""'~~ m ~ ~ , m ~ Ej -~-=- ~ ff ~ ~ ~ I . Q ~ 1 ~ o $ ~ t o . +.~„~, ,.~..~ (1J ~~~ ~ .r- f1.1 ..~.~~wr~..i ff' ~; ~ O ~~ m I r CL ~ ~ ~ ~ a T N -.~ ~- W A ~• ~ ~ r z ~" u ~ ~ Q -- ~ _..____ ~_ , SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff fIF T-OFFICE Tf OOTAI;,, Jody S Smith Chief Deputy Richard W Stewart Solicitor 2010 DEC -8 PM 3: h g CUMBERLAND COUNTY PENNSYLVANIA Fulton Bank, NA vs. Patrick K. Park Case Number 2010-7195 SHERIFF'S RETURN OF SERVICE 11/18/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Patrick K. Park, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Perry County, PA to serve the within Complaint and Notice according to law. 11/22/2010 Perry County Return: And now, November 22, 2010 I, Carl E. Nace, Sheriff of Perry County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Patrick K. Park the defendant named in the within Complaint and Notice and that I am unable to find him in the County of Perry and therefore return same NOT FOUND. Request for service at 403 Huckleberry Road, New Bloomfield, PA 17068 the defendant was not found. Deputies were advised Patrick K. Park currently resides at 907 Kent Drive, Mechanicsburg, PA 17050. 12/01/2010 02:30 PM - Sheldon Marshal, Deputy Sheriff, who being duly sworn according to law, states that on December 1, 2010 at 1430 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Patrick K. Park, by making known unto H. Christy Lim, adult in charge at 907 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. SHELDON MARSHAL, DEPUTY SHERIFF COST: $65.00 December 06, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF SHERIFF'S RETURN Fulton Bank NA VS Patrick K. Park 403 Huckleberry Road New Bloomfield, PA 17068 In the Court of Common Pleas Of the 41st Judicial District of Pennsylvania- Perry County Branch No. 2010-7195 Cumberland Co. Carl E. Nace, Sheriff, who being duly sworn according to law, says that he made a diligent search and inquiry for the within named Defendant(s) to wit Patrick K. Park, but was unable to locate him/her in his bailiwick. He therefore returns the within Complaint for the above named Defendant(s) Patrick K. Park, 403 Huckleberry Road, New Bloomfield, PA 17068. NOT FOUND. DEFENDANT MOVED 3 YEARS AGO. CURRENT ADDRESS IS 907 KENT DRIVE. MECHANICSBURG, PA 17050 Sincerely, 12 Carl E. Nace Sworn and subscribed to before me this o7V day of , 2010. Sheriff of Perry County TH JOY S. ZERANCE, NOTARY PUBLIC NEW BLOOMFIELD BORO., PERRY COUNTY MY COMMISSION EXPIRES MARCH 6, 2014 FILED-0°=F CE 0_,F TH ^R0THC!-M art, 7.1011 FIRE i i AH 1 1 BARLEY SNYDER LLC PEl'!,Iq, 'i_'1' 1%1 "1 `? Shawn M. Long, Esquire Court I.D. No. 83774 Attorneys for Plaintiff 126 E. King Street Fulton Bank, N.A., formerly known as Lancaster, PA 17602 Fulton Bank, Assignee of Mortgage 717.299.5201 Electronic Registration Systems, Inc. FULTON BANK, N.A., FORMERLY KNOWN AS FULTON BANK, ASSIGNEE OF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintif URT OF COMMON PLEAS OF MBERLAND COUNTY, PENNSYLVANIA ACTION -- LAW 10-7195 Civil Term V. PATRICK K. PARK, Defendant STIPULATION FOR ENTRY OF JUDGMENT THIS STIPULATION ("Stipulation") dated this day of , 20_, by and between the Plaintiff, Fulton Bank, N.A., formerly known as Fulton Bank, Assignee of Mortgage Electronic Registration Systems, Inc. by and through its attorneys, Shawn M. Long, Esquire and Barley Snyder, LLC, and the Defendant, Patrick K. Park, by and through his attorney, James H. Turner, Esquire. WITNESSETH: WHEREAS, on or about August 15, 2006 Defendant executed and delivered to Fulton Bank a Note ("Note") in the original principal amount of $260,000.00; and 3084526 WHEREAS, the Note is secured by a mortgage dated August 15, 2006 on Defendant's property being located at 907 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania (the "Premises"); and WHEREAS, on or about April 21, 2010, the Defendant filed a voluntary petition under Chapter 7 of the United States Bankruptcy Code to docket number 1: 1 0-bk-03 3 2 1 -MDF; and WT. JEREAS, on cr about, July 15, 2010, Fuiton Bank obtained stay relief to exercise its rights and remedies as concerns its mortgage lien against the Premises; and WHEREAS, on November 15, 2010, the Plaintiff filed a Complaint against the Defendant to the above number in the Court of Common Pleas of Cumberland County, Pennsylvania; and WHEREAS, service of the Complaint was effected upon the Defendant, Patrick K. Park on December 1, 2010 by the Sheriff of Cumberland County serving the Complaint upon Christy Lim, adult in charge of Premises; and NOW, THEREFORE, intending to be legally bound hereby, the parties hereto have stipulated and agreed as follows: The aforesaid recitals are incorporated herein as a substantive part of the within Stipulation. 2. The parties hereto consent to an Order being entered forthwith by the Court of Common Pleas of Cumberland County, Pennsylvania approving the Stipulation and entering judgment in rem in favor of the Plaintiff, Fulton Bank, N.A., formerly known as Fulton Bank, Assignee of Mortgage Electronic Registration Systems, Inc. and against the Defendant, Patrick K. Park, as prayed for in the Complaint, in the total amount of $265,084.82 plus continuing 3084526 interest after September 17, 2010 at a rate of $47.92 per diem, plus continuing late charges, attorneys' fees and costs. 3. The Plaintiff and the Defendant reserve all other rights and remedies at law or in equity permitted, without prejudice. 4. The Plaintiff agrees that it will not proceed against the Defendant personally as a discharge was granted on August 18, 2010. IN WITNESS WHEREOF, the undersigned counsel, being duly authorized by their respective clients as parties hereto, have caused this Stipulation to be executed on the date and year first above written. BARLEY SNYDER LLC By: Z 'Shawn M. Long/,fo?nerly re Attorneys for PlFulton Bank, N. known as Fulton Bank, Assignee of Mortgage Electronic Registration Systems, Inc. 126 East King Street Lancaster, PA 17602 (717) 299-5201 James H. Turner, Esquire Attorney for Defendant, Patrick K. Park 4701 North Front Street Harrisburg, PA 17110 (717) 232-4551 3084526 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OFFICE OF THE PROTHONOTARY CARLISLE, PA TO: Patrick K. Park Defendant YOU ARE HEREBY NOTIFIED that Fulton B Bank, Assi ?' N.A., formerly known as Fulton gnee of Mortgage Electronic Registration Systems, Inc, has caused a judgment by to be entered against you in rem with the Y judgment was entered on Prothonotary Of Cumberland County. The to No. 10-7195 Civil T Pleas of Cumberland Count erm with the Court of Common Y - Civil Division. The judgment is in the Plus continuing interest from amount of September 17 $265,084.82, late charges 2010 at a rate of $47.92 Per diem, fees Plus continuing for the foreclosure and sale of the Premises located at 907 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania. PROTHONOTARY By: Deputy Clerk 3134129 r r OuBI a- 0 w it, w O O 03 w r r O Ln . On Cr3. O :t x. CAW c C ? CL 0 r L p . C) w 0 3 O 0 ? to CL M r i 1 Z,' Z 1 o 1 J ? i w D D ? ? a c ? r n N a .p N CF) O S 0 N m c a C m CL g m cMii 0 0 0 °o Ja BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 717.299.5201 7011 FEB 15 PCB 2: 1 C''„1` BERLA gI J 1 c 1,,, C Attorneys for Plaintiff Fulton Bank, N.A., formerly known as Fulton Bank, Assignee of Mortgage Electronic Registration Systems, Inc. FULTON BANK, N.A., FORMERLY KNOWN AS FULTON BANK, ASSIGNEE OF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff V. PATRICK K. PARK, Defendant OURT OF COMMON PLEAS OF UMBERLAND COUNTY, PENNSYLVANIA ACTION -- LAW o. 10-7195 Civil Term ORDER AND NOW, TO WIT, this ?S day of J C-110 , 20_jL, upon consideration of the Stipulation for Entry of Judgment of the Plaintiff, by and through its counsel and Defendant, by and through his counsel, it is ORDERED that said Stipulation is hereby approved as an Order of this Court, and judgment in mortgage foreclosure against Defendant, Patrick K. Park, in rem is hereby entered in favor of the Plaintiff, Fulton Bank., N.A., formerly known as Fulton Bank, Assignee of Mortgage Electronic Registration Systems, Inc. in the total amount of $265,084.82 plus continuing, interest after September 17, 2010 at a rate of $47.92 per diem, plus continuing late charges, attorneys' fees and costs and for the foreclosure and sale of the premises located at 907 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania. Shwa M1 Lo . ?? ?e? 4&nVS fl. turner, ?i"* a fr??K6 3084526 BY THE COURT: .? J. 414-00 PO ArH as6aa ! WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NOIO-7195 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FULTON BANK N.A. FORMERLY KNOWN AS FULTON BANK,ASS?nef_ 3F MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff (s) From PATRICK K. PARK (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $265,084.82 L.L.$.50 Interest after 9/17/10 at a rate of $47.92 per diem, plus continuing late charges, attorney's fees and costs. Atty's Comm % Due Prothy $2.00 Atty Paid $197.50 Other Costs Plaintiff Paid Date: 3/11/2011 e QBuell., Prothonotary (Seal) By: Deputy REQUESTING PARTY: Nam SHAWN M. LONG, ESQUIRE --garle-y &4&r" Address: ?126 EAST KING STREET LANCASTER, PA 17602 Attorney for: PLAINTIFF Telephone: 717-299-5201 Supreme Court ID No. 83774 C1 C-) ? C rnrrn :P- r rt ? N? a c? C:) =C) Q BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 Attorneys for Plaintiff 126 E. King Street . FULTON BANK, N.A., formerly known as Lancaster, PA 17602 Fulton Bank, Assignee of Mortgage Electronic 717.299.5201 Registration Systems, Inc. FULTON BANK, N.A., FORMERLY KNOWN AS FULTON BANK, ASSIGNEE OF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff V. PATRICK K. PARK, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 10-7195 Civil Term PRAECIPE FOR WRIT OF EXECUTION To the Prothonotary: Kindly issue a Writ of Execution in the above matter: (S) ,ay. oo fd a4q Us.ooew 0I ?L. 06 ? y oa a u Principal Balance ................. Interest through 09/17/10 at a rate of $47.92 per diem Late Charges ......................... Negative Escrow Balance .... Other Bank Fees ................... Attorneys' Fees .................... Total $249,890.22 9.512.93 ..................................... 518.88 ...................................... 2,062.79 ...................................... 100.00 ...................................... 3,000.00 $265,084.82 00 btAe- do. 3145407-1 $D L- I CV4- 47gq? Q* a-% 4u? 1.V.'L _C'OCTcciiP.I plus continuing interest after September 17, 2010 at a rate of $47.92 per diem, plus continuing late charges, attornevs' fees and costs. BARLEY SNYDER By: 'Shawn M. Long, Esquir Attorneys for Plaintiff FULTON BANK, N A., formerly known as Fulton Bank, Assi ee of Mortgage Electronic Registration Systems, Inc. Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 717.299.5201 3145407-1 -G-F IUL n UjtBERLAND CD?NT` ?ENNSYLVANI A BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 Attorneys for Plaintiff 126 E. King Street FULTON BANK, N.A., formerly known as Lancaster, PA 17602 Fulton Bank, Assignee of Mortgage Electronic 717.299.5201 Registration Systems, Inc. FULTON BANK, N.A., FORMERLY KNOWN AS FULTON BANK, ASSIGNEE OF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff V. PATRICK K. PARK, Defendant No. 10-7195 Civil Term AFFIDAVIT THAT THE DEFENDANT IS NOT IN THE MILITARY SERVICE, PURSUANT TO "SOLDIERS AND SAILORS" CIVIL RELIEF ACT OF 1918, RE-ENACTED 1940 The undersigned, Shawn M. Long, Esquire, doth depose and say that Patrick K. Park, Defendant is not in the military service of the United States of America, based on the following facts: Age of Defendant is unknown; present place of employment is unknown; present place of residence is: 907 Kent Drive, Mechanicsburg, Pennsylvania 17050, as of the date of this affidavit. 3145335 ADDITIONAL FACTS, if any. The statements set forth in this Affidavit are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. BARLEY SNYUE1rLLC By: Shawn M. Long, Es ire Attorneys for Plai iff Court I.D. No. 774 126 E. King reet Lancaster, A 17602 717.299. 01 3145335 d(-` << A BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 717.299.5201 Attorneys for Plaintiff FULTONBANK, N.A., formerly known as Fulton Bank, Assignee of Mortgage Electronic Registration Systems, Inc. FULTON BANK, N.A., FORMERLY KNOWN AS FULTON BANK, ASSIGNEE OF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff V. PATRICK K. PARK, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 10-7195 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 FULTON BANK, N.A., formerly known as Fulton Bank, Assignee of Mortgage Electronic Registration Systems, Inc., plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at 907 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. (1) Name and address of owner(s) or reputed owner(s): Patrick K. Park 907 Kent Drive Mechanicsburg, Pennsylvania 17050 (2) Name and address of defendant(s) in the judgment: Patrick K. Park 907 Kent Drive Mechanicsburg, Pennsylvania 17050 (3) Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: /!.0/a, 3145407-1 Fulton Bank, N.A., formerly known as Fulton Bank, Assignee of Mortgage Electronic Registration Systems, Inc. One Penn Square P.O. Box 4887 Lancaster, PA 17604 (4) Name and address of the last recorded holder of every mortgage of record: Fulton Bank, N.A., formerly known as Fulton Bank, Assignee of Mortgage Electronic Registration Systems, Inc. One Penn Square P.O. Box 4887 Lancaster, PA 17604 (5) Name and address of every other person who has any record lien on the property: None known to Plaintiff at this time. (6) Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None known to Plaintiff at this time. (7) Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Commonwealth of Pennsylvania Dept. of Revenue Bureau of Compliance 7th Floor Strawberry Square Harrisburg, PA 17128-0101 Internal Revenue Service Wm. S. Moorhead Federal Building Advisory 1000 Liberty Avenue, Room 704 Pittsburgh, PA 15222 Cumberland County Tax Claim Bureau One Courthouse Square Room 303 Carlisle, PA 17013 3145407-1 . t I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 17 Pa. C.S. Section 4904 relating to unswom falsification to authorities. BARLEY SNYDER LLC Date: 3 I31 By: Shaft M. Long, Esqu Attorneys for Plaintiff FULTON BANK, N. . Fulton Bank, Assig ee Electronic Registr for Court I.D. No. 8 74 126 E. King Strket Lancaster, PA17602 717.299.520f , formerly known as of Mortgage Systems, Inc. 3145407-1 . . ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the North side of Horsham Drive, said point being also a distance of 89.98 feet West of the intersection of the West side of Kent Drive and the North side of Horsham Drive; thence by the line of Lot No. 371 North 10 degrees 43 minutes 58 seconds East a distance of 162.00 feet to a point at line of Lot No. 366; thence by same and Lot No. 367 North 82 degrees 42 minutes 50 seconds East a distance of 11.28 feet t a point at line of Lot No. 369; thence by same South 51 degrees 18 minutes 40 seconds East a distance of 153.55 feet t a point on the West side of Kent Drive; thence by same South 38 degrees 41 minutes 20 seconds West a distance of 112.21 feet to a point at a curve; thence by same and a curve to the right having a radius of 15.0 feet, an arc length of 19.64 feet to a point on the North side of Horsham Drive; thence by same North 66 degrees 17 minutes 20 seconds West a distance of 38.83 feet to a point at a curve; thence by same and a curve to the left having a radius of 175.00 feet an arc length of 39.64 feet to the place of BEGINNING. BEING Lot No. 370 Final Subdivision Plan No. 3, Hampden Square, by D.P. Raffensperger Associates, dated April 19, 1983 and recorded in Plan Book 43, Page 139, Cumberland County Records. CONTAINING 17,596 square feet. HAVING thereon erected a dwelling known and numbered as 907 Kent Drive, Mechanicsburg, Pennsylvania. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and rights of way of record. BEING THE SAME PREMISES which Bernard E. Kask and Carol L. Kask, husband and wife, by Deed dated August 15, 2006 and recorded August 17, 2006 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 276, Page 1.068, granted and conveyed unto Patrick K. Park. SEIZED IN EXECUTION as the property of Patrick K. Park on Judgment No. 10-7195 Civil Term. 3145407-1 FILED-OFFICE ,. OF TIE PRO T HONOTAR 2011 MAR I I AM 11: 04 CD PENKSYtLVA,H'A T`' BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 717.299.5201 Attorneys for Plaintiff FULTONBANK, N.A., formerly known as Fulton Bank, Assignee of Mortgage Electronic Registration Systems, Inc. FULTON BANK, N.A., FORMERLY KNOWN AS FULTON BANK, ASSIGNEE OF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., V. PATRICK K. PARK, Plaintiff Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 10-7195 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Patrick K. Park 907 Kent Drive Mechanicsburg, Pennsylvania 17050 Your house (real estate) at 907 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania is scheduled to be sold at Sheriff s Sale on September 7, 2011 at 10:00 a.m., by the office of the Cumberland County Sheriff in Office, Cumberland County Courthouse, I Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of $265,084.82 obtained by FULTON BANK, N.A., formerly known as Fulton Bank, Assignee of Mortgage Electronic Registration Systems, Inc., against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 3145407-1 To prevent this Sheriff's Sale you must take immediate action: (1) The sale will be canceled if you pay to FULTON BANK, N.A., formerly known as Fulton Bank, Assignee of Mortgage Electronic Registration Systems, Inc. the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorney's fees due. To find out how you must pay, you may call Shawn M. Long at 717.299.5201. (2) You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. (3) You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below to find out how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. (1) If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price by calling the Sheriff of Cumberland County, at 888-697-0371 ext 6390. (2) You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. (3) The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County, at 888-697- 0371 ext 6390. (4) If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 3145407-1 (5) You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. (6) You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on or about October 7, 2011. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after October 7, 2011. (7) You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 Telephone: (717) 249-3166 3145407-1 ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the North side of Horsham Drive, said point being also a distance of 89.98 feet West of the intersection of the West side of Kent Drive and the North side of Horsham Drive; thence by the line of Lot No. 371 North 10 degrees 43 minutes 58 seconds East a distance of 162.00 feet to a point at line of Lot. No. 366; thence by same and Lot No. 367 North 82 degrees 42 minutes 50 seconds East a distance of 11.28 feet t a point at line of Lot No. 369; thence by same South 51 degrees 18 minutes 40 seconds East a distance of 153.55 feet t a point on the West side of Kent Drive; thence by same South 38 degrees 41 minutes 20 seconds West a distance of 112.21 feet to a point at a curve; thence by same and a curve to the right having a radius of 15.0 feet, an arc length of 19.64 feet to a point on the North side of Horsham Drive; thence by same North 66 degrees 17 minutes 20 seconds West a distance of 38.83 feet to a point at a curve; thence by same and a curve to the left having a radius of 175.00 feet an arc length of 39.64 feet to the place of BEGINNING. BEING Lot No. 370 Final Subdivision Plan No. 3, Hampden Square, by D.P. Raffensperger Associates, dated April 19, 1983 and recorded in Plan Book 43, Page 139, Cumberland County Records. CONTAINING 17,596 square feet. HAVING thereon erected a dwelling known and numbered as 907 Kent Drive, Mechanicsburg, Pennsylvania. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and rights of way of record. BEING THE SAME PREMISES which Bernard E. Kask and Carol L. Kask, husband and wife, by Deed dated August 15, 2006 and recorded August 17, 2006 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 276, Page 1068, granted and conveyed unto Patrick K. Park. SEIZED IN EXECUTION'as the property of Patrick K. Park on Judgment No. 10-7195 Civil Term. 3145407-1 BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 717.299.5201 Attorneys for Plaintiff FULTON BANK, N.A., formerly known as Fulton Bank, Assignee of Mortgage Electronic Registration Systems, Inc. FULTON BANK, N.A., FORMERLY KNOWN AS FULTON BANK, ASSIGNEE OF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff V. PATRICK K. PARK, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 10-7195 Civil Term NOTICE OF SHERIFF'S SALE TO: All Parties in Interest and Claimants OWNER(S): Patrick K. Park PROPERTY: 907 Kent Drive Mechanicsburg, Pennsylvania 17055 COUNTY: Cumberland, Pennsylvania The above-captioned property is scheduled to be sold at the Sheriff s Sale on September 7, 2011 at 10:00 a.m. at Office of the Cumberland County Sheriff, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, PA. Our records indicate that you may 3145407-1 hold a mortgage or judgment on the property which may be extinguished by the sale. You may wish to attend the sale to protect your interest. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after the sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. Sincerely, BARLEY SNYDER LL Shawn M. Long, Esquip 3145407-1 ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the North side of Horsham Drive, said point being also a distance of 89.98 feet West of the intersection of the West side of Kent Drive and the North side of Horsham Drive; thence by the line of Lot No. 371 North 10 degrees 43 minutes 58 seconds East a distance of 162.00 feet to a point at line of Lot No. 366; thence by same and Lot No. 367 North 82 degrees 42 minutes 50 seconds East a distance of 11.28 feet t a point at line of Lot No. 369; thence by same South 51 degrees 18 minutes 40 seconds East a distance of 153.55 feet t a point on the West side of Kent Drive; thence by same South 38 degrees 41 minutes 20 seconds West a distance of 112.21 feet to a point at a curve; thence by same and a curve to the right having a radius of 15.0 feet, an arc length of 19.64 feet to a point on the North side of Horsham Drive; thence by same North 66 degrees 17 minutes 20 seconds West a distance of 38.83 feet to a point at a curve; thence by same and a curve to the left having a radius of 175.00 feet an arc length of 39.64 feet to the place of BEGINNING. BEING Lot No. 370 Final Subdivision Plan No. 3, Hampden Square, by D.P. Raffensperger Associates, dated April 19, 1983 and recorded in Plan Book 43, Page 139, Cumberland County Records. CONTAINING 17,596 square feet. HAVING thereon erected a dwelling known and numbered as 907 Kent Drive, Mechanicsburg, Pennsylvania. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and rights of way of record. BEING THE SAME PREMISES which Bernard E. Kask and Carol L. Kask, husband and wife, by Deed dated August 15, 2006 and recorded August 17, 2006 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 276, Page 1068, granted and conveyed unto Patrick K. Park. SEIZED IN EXECUTION as the property of Patrick K. Park on Judgment No. 10-7195 Civil Term. 3145407-1 r?E PI'rOTLJVtNOT;kf,1 t, 2C"'2 MAR -8 PFD 2= 1 I CUMBERLAND COUNT';' PENNSYLVANIA BARLEY SNYDER Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 717.299.5201 Attorneys for Plaintiff FULTON BANK, N.A., formerly known as Fulton Bank, Assignee of Mortgage Electronic Registration Systems, Inc. FULTON BANK, N.A., FORMERLY KNOWN AS FULTON BANK, ASSIGNEE OF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff V. PATRICK K. PARK, Defendant TO THE PROTHONOTARY: COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 10-7195 CIVIL TERM PRAF.CIPE Kindly mark the above-captioned matter discontinued and ended, without prejudice, and the judgment vacated. Dated: J/14 Z BARLEY SNYDER r? By: Shawn M. Lo Attorneys for Plaintiff Fulton Bank, N.A., formerly known as Fulton Bank, Assignee of Mortgage Electronic Registration Systems, Inc. 126 E. King Street Lancaster, PA 17602 717.299.5201 3493672-1