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HomeMy WebLinkAbout10-7896t I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NA, Plaintiff, vs. Nicholas Sworen Defendant. TO: DEFENDANT YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 3476 STATEVIEW BLVD. MAC # X7801-013 FT. MILL, SC 29715 AND THE DEFENDANT: 144 Red Tank Road Boiling Springs, PA 17007 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFE CTED BY THIS LIEN IS 144 Red Tank Road, Boiling Springs PA 17007 Municipality: South Middleton Kimberly A Bonner, Esquire ATTORNEY FOR PLAINTIFF ATTY FILE NO.: XCP 146769 CIVIL DIVISION I NO.: O TYPE OF PLEADING r r r ?, c ?rn CIVIL ACTION - COMPLAINT -< ;. ' --c) ? IN MORTGAGE FORECLOSURE ?° -v -n (n xn ^=C= C i dr" FILED ON BEHALF OF: Wells Fargo Bank, NA r` 73 COUNSEL OF RECORD FORTH IS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 Joel A. Ackerman, Esquire Pa I.D. #202729 Ashleigh L. Levy, Esquire Pa I.D. #306799 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX office@zuckergoIdberg.com File No.: XCP- 146769/pl -0 c a.oo?1) 14 1 2'.-k Zucker, Goldberg & Ackerman, LLC XCP-146769 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) 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(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Zucker, Goldberg & Ackerman, LLC XCP-146769 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NA, CIVIL DIVISION Plaintiff, NO.: vs. Nicholas Sworen Defendant. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 Zucker, Goldberg & Ackerman, LLC XCP-146769 s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NA, Plaintiff, vs. Nicholas Sworen CIVIL DIVISION NO.: Defendant. AVISO LISTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y redicando en la Corte por escrito sus defensas de, y objeciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demands o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Listed puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A LINO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 LAWYER REFERRAL Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 Zucker, Goldberg & Ackerman, LLC XCP-146769 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NA, : CIVIL DIVISION Plaintiff, : NO.: vs. Nicholas Sworen Defendant CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Wells Fargo Bank, NA, by its attorneys, Zucker, Goldberg & Ackerman, LLC, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Wells Fargo Bank, NA, having its principal place of business at 3476 STATEVIEW BLVD. MAC # X7801-013, FT. MILL, SC 29715. 2. The Defendant, Nicholas Sworen, is an individual whose last known address is 144 Red Tank Road, Boiling Springs, PA 17007. 3. On or about July 31, 2007, Nicholas Sworen executed a Note in favor of Novastar Mortgage, Inc. in the original principal amount of $165,000.00. 4. On or about July 31, 2007, as security for payment of the aforesaid Note, Nicholas Sworen made, executed and delivered to Mortgage Electronic Registration Systems, Inc. as nominee for Novastar Mortgage, Inc. a Mortgage in the original principal amount of $165,000.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on August 7, 2007, Instrument #200730808. A true and correct copy of said Mortgage and a description of the premises subject to said Mortgage is marked Exhibit "A" and Exhibit "B", respectively, attached hereto and made a part hereof. 5. The aforesaid Note and Mortgage was assigned by Mortgage Electronic Registration Systems, Inc. as nominee for Novastar Mortgage, Inc. to Wells Fargo Bank, NA, plaintiff herein, pursuant to an assignment of mortgage to be recorded. Zucker, Goldberg & Ackerman, LLC XCP-146769 11 6. Nicholas Sworen, single man is the record and real owner of the aforesaid mortgaged premises. 7. Defendant is in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. 8. On or about October 24, 2010, Defendant was mailed a combined Notice of Homeowners' Emergency Mortgage Assistance Act of 1983 and Notice of Intention to Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. §101, et seq. 9. The amount due and owing Plaintiff by Defendant is as follows: Principal $162,508.50 Interest through 12/06/2010 $4,860.72 Attorneys' Fees $1,250.00 Title Search & Costs $2,500.00 Suspense Balance ($686.84) Escrow $-265.84 Corporate Advance $ 15.00 Other $ 50.50 Total $170,232.04 plus interest on the principal sum ($162,508.50) at the rate of $ 30.94 per diem plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Zucker, Goldberg & Ackerman, LLC XCP-146769 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $170,232.04, with interest thereon at the rate of $ 30.94 per diem and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. ZUCKER, GOLDBER & AC RMAN, LLC BY: Dated: December 23, 2010 Scott A. Diet Brick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Levy, Esquire; PA I.D. #306799 Attorneys for Plaintiff XCP-146769/pl 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Zucker, Goldberg & Ackerman, LLC XCP-146769 EXHIBIT A Zucker, Goldberg & Ackerman, LLC XCP-146769 12-10-'10 12:37 FROM- . This Instrument Prepared By: After Recording Return To: STEWART L&NDNR 5ERV1CES 9700 BISSONNET, SUZ E 1500, MAIL STOP - 27 HOUSTON, TEXAS 77003 Loan Dumber: 07-HM2670 Uniform Parcel Identifier Number: 4o ` f ,-)- - 6-:?;, a-- 6 Property Address: 144 RED TANK RD BOILING SPRINGS, PENNSYLVANIA 17007 7-491 F0023/0048 F-661 [SMoe Above This Line For Recalling Data) MORTGAGE MIN: 100080190066377920 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined, in Sections 3, 11. 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided In Section 16. (A) "Security Instrament" means this document, which Is dated JULY 31 , 2007 together with all Riders to this document. (B) "Borrower" is NCCHOLAS SWOREN, Borrower is the mortgagor under this Security Instrument. (C) "MFRS" Is Mortgage Electronic Registration Systems, Inc. MFRS is a separate corporation that is acting solely as it nominee for Ltnder and Lender's successors and assigns. MERS 6 the mortgagee under this Security Instrument. MER$ is orgarii2ed and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-20Z6, tel. (888) 679-MERS. M=-, NbcPL44F'ORM INS7Rt1MJT - MFRS 0ocumuk Oftnm oov~iayr Form 3039 01101 Page 1 Of 17 "WHA x"WomCtpt/1 12-10-'10 12,37 FROM- T-491 P0024/0048 F-661 (D) "Lender" Is NOVASTAR MORTGAGE, INC. Lender is a CORPORATIOIN organized and existing under tke laws of VIRGINIA Leader's address is 6:'00 OAK TREE BLVD. THIRD rLOOR, INDEPENDENCE, OHIO 99131 (E) "Note" means the promissory note signed by Borrower and dated JULY 31, 2007 The Note states that Borrower owes Lender ONE HUNDRED SIXTY-FIVE THOUSAND AND 00/100 . Dollars (U.S. 3 165, 000 .00 ) plus interest. Borrower has promised to pay this debt In regular Periodic Payments and to pay the debt in full not later than AUGUST 1, 2037 (F) "Property" metros the property that is described below under the }reading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. 00 "Riders" means all Riders to this Security Instrument that are executed by Borrower, The following Riders are to be executed by Borrower (check box as applicable]: Adjustable Rate Aider 0 Planned Unit Development Rider ® Balloon Rider F-1 Biweekly Payment Rider E] 1-4 Family )tide' n Second Home Rider © Coudomintum Rider ® Other(s) (specify] ADJUSTABLE RATE BALLOON RIDER, PREPAYMENT RIDER TO SECURITY INST e ye\ (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. U) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed an Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Trawfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Item" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other then insurance proceeds paid tinder the coverages described In Section 5) for. 0) damage to, or Famle Mae/F iddi n- 1®c 11 U1VFt)17NI O?NryR?y noeArawd 6AWM eoaarsrsus Form Miaa 3039 0 01/0e1/07 Fe Ma IrySTRt1NIFNT - Page MFRS age 2 of 17 S" M dow"q*.cam m 12-10-'10 12;37 FROM- T-491 P0025/0048 F-661 destruction of. the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurasce" means losumnce protecting Lender against the noupsyment of, or default on, the Loan. (O) "Perie+tNt: Payment" means the regularly scheduled amount due for (n principal and interest under the Note, plus (il) any amounts under Section 3 of this Security Instrument. (P) "ItESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seg.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" .even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Succeswr is Itreeteeat of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instmment. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender; (t) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (it) the perrormaoee of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for bender and Lender's successors and assigns) and to the successors and assigns of MFRS the following described property located In the CC UNTY of CUM13ERLAND Hype of RAw ting Jta?sdlca* Pew of RecwAggJoris Won) SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. (STATE: PENNSYLVANIA, COUNTY: CUMBERLAND) which currently has the address of 144 RED TANK RD Isinxt) BOILING SPRINGS Pennsylvania 17007 ("Property Address"); (11tyl frp Cade) TOGETHER WITH all the improvements cow or hereafter erected on the property, and all easements, appurtenances, and fixture -% now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security instrument as the "Property." Borrower understands and agrees that MFRS holds only legal tide to the interests granted by )Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's sueceason and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose P11:NN5VWAMArSirgIe FarARy Ooraala V4VdMWsoo-a19.1sw Fannie MaaTTed tiie Mae U M INSIRUMW - WAS wwmdaatasgsrc-cam Form 3039 01101 Page 3 or 17 12-10-'10 12:38 FPOM- +. T-491 P0026/0048 F-661 and sell the Property; anti to take any action required of Lender including, but not limited to, releasing and canceling lids Security Instrument. BORROWER COVENANTS that Borrower is lawfidly seised of the estate hereby conveyed and has the right to mortgage, grant and convoy the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any emnibrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-umlform covenants with limited variations by jurLcdiction to constitute a uniforin security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows, 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrowersball pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 8. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Leader as payment under the Note or this Security Instrument is returned to Leader unpaid, Lender nay require that any or all subsequent payments due antler the Note and this Security Instrument be made to one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, back check, treasurer's check or cashier's check, provided any such check Is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Tragsfer. Payments are deemed received by Lender whoa received at the location designated in the Note or at such other location as may be designated by Leader In accordance with the notice provisions in Section 15, Lender may return any payment or partial payment if the payment or partial payments are Insufficient to bring the Loan current. Leader may accept any payment or partial payment insufScfent to bring the Loan current, without waiver of any rights hereunder or pmtijudice to its rights to refuse such payment or partial payments In the future, but Lender is not obligated to apply such payments at the time such payments are accepted, If each Periodic Payment is applied as of its scheduled due date, then Lender need not pair interest on unapplied funds. Leader may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the Store against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the followIng order of priority: (a) Interest dire under the Note: (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment In the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note, If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge- If more than one Periodic Payment Is autstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may PEmle fi eWraddle' F t?ocarayrc l89WOM am.84V61$ Y Fanrtle 39 01101 Niac UN 1 INSTRUMENT • MFRS Page 4 of 17 WWW.ddy7W9i?-.COM Form 3t)039 01/01 12-10-`10 12:38 FROM- T-491 P002710048 F-661 v be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of 'payments, Insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend of postpone the due date, or ebange the amount, of the Periodic Payments, 3. Funds for Escrow Items. Borrower shall pay to Leader on the day Periodic Payments are due under the Note, until the Note Is paid In full, a sum (the "Funds") to provide for payment of amounts due for; (a) taxes and assessments and other items which can attain priority over this Security lostmment as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, If any, or any sums payable by Borrower to Leader in lieu of the payment of Mortgage Insurance premiums.in accordance with the provisions of Section 10. 't'hese items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item, Borrower shall promptly furnish to Leader all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow heats unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Leader may waive Boaower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be In writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, If Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as The phrase "covenant and agreement' is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower foils to pay the amount due for an Escrow Itero. Leader may exercise its rights under Seaton 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 1'serow Items at any time by a notice given In accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and In such amounts, that are then required under this Section 3. Lendermay, at any time, collect and hold Funds In an amount (a) sufficient to permit Leader to apply the Funds at the time specified wider RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow items or otherwise in accordance with Applicable Law. The Funds shall be held in an Institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, If Lender is an institution whose deposits are so insured) or In any Federal Home Loan Bank. Lender shall apply-the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Vender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made In writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Fuads as required by RESPA, If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance wilb RESPA. If there is a shortage of Funds held in escrow, as defkted under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but to no more than 12 monthly psymeafs. If there is a deficiency of ren r 1towpoe plyda; amd49.1Xz tNSTRUM[ NT - NERS Page 5 of 17 6*1vw abvPw 9k c" 12-10-`10 12;38 FPOM- T-491 P0028/0048 F-661 Funds held in escrow. as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordaneewlth RESPA, but in no more than 12 monthly payments- Upon payment In full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender, i. Charges; Liens:. Borrower sh3U pay all taxes, assessments, charges, flues, and impositions attributable to the Property which can attain priority over this Security Instrument, leasebold payments or ground rents on the Property, if any, and Community Assoclation Dues, Fees, and Assessments. if any. To the extent that these Items Are Escrow Items, Borrower shall pay them in the mariner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Leader, but only so long as Borrower is aerforuring such agreement; (b) contests the lien In good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Leader determines that any part of the Property is subject to a lien which can attain priority over this Security instruatent, Tender may give Borrower a notice ideutlfying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section A. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by tire, hazards included within the term "extended coverage," and any other hazards Including, but not limited to, earthquakes and floods, for which Leader requires insurance. This insurance sham be maintained in the amouaus (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the psecediag sentences can change during the term of the Loan. The insurance carrier providing the insistence shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one- time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination, and certHlcadon services and subsequent charges each time remappings or similar changes occurwhich reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal firnergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. . If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. 't'herefore, -inch coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously In effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower securest by this Security Instntmertt. These amounts shall bear interest at the Note rate from the date of disbursernerrt and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance polities required by Lender and renewals of such policies shall be subject to Lender's tight to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an Fantle Mw/freddiv t4c UwNFpRM IN5TRCMAt~NT • MFRS Form 3039 01101 page 6 of 17 12-10-'10 12:38 FROM- T-491 P0029/0048 F-661 additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. ff'Bormwer obtains any form of Insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such paticy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender mazy imahe proof of lose if tat made promptly by Borrower. Unlem Lender and Borrower otherwise agree in writing, any Insurance proceeds, whether or nut the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property. if the restoration or repair is economically feasible and Lender's security it not lessened. During such repair and restoration period, Leader shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such Inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work Is completed- Unless an agreement Is made in writing or Applicable Law requires Interest to be paid on such insurance proceeds. Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Pees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sale obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, If ally, POW to Borrower. Such insurance proceeds shall be applied In the order provided for in Section Z. It Borrower abandons the Property, Lender may file, negotiate and settle any available Insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given, In either event, or if Leader acquires the Properly under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any Insurance proceeds In an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all Insurance polities covering the Property, Insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy. eltabilsh, and use the Property as Borrower's principal residence within 80 days after the execution of $his Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at ',east one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspectioms. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing In the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless It is determined pursuant to Section S that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. if insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property. Borrower shall be responsible for repairing or restortng the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration In a single payment or in a series of progress payownts as the work is completed. If the Insurance or condemnation proceeds are not sufficient NSYIVMNAk Fatn(M voaar.,tpc ?DPo?9ssos aaoar?tses Fa Nllreb la c UNtFt} tNSTRtJWNT - MRS wKtivtataar!a 3039 ic.carrr ege7of 17 12-10-`10 12:39 FROM- T-491 P0030/0048 F-661 to repair or restore the Property, Borrower Is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender orits agent may make reasonable entries upon and Inspections of the Property. If it bas 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 in Interior Inspection specifying such reasonable cause. S. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or Inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence, 9. Protection of Lender's Interest in the Praperfy and Rights Under this Security Instrument. If (a) Borrower falls to perform the covenants and agreements contained to this Security Instrument, (b) there is a legal proceeding that might significantly affect Leader's Interest in the Property and/or rights tinder this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority aver this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Leader may do and pay for whatever Is reasonable or appropriate to protect Leader's Interest In the Property and rights under this Security Instrument, Including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by alien which bas priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its Interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the 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 turned on or off. Although Leader may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so, It is agreed that Lender Incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of borrowersecured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. Borrower shall not surrender the leasehold estate and Interests borein conveyed or terminate or cancelthe ground lease. Borrower shall not, without the express written consent of Lender, alter or amend the ground lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger In writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If. for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender, If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the Insurance coverage teased to be In effect, Lender will accept, use and retain that payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non.refundable, PEN VAN ddie h7?(ac Ea t1NIFbRM INS ttataraptc eZ 80084 .U2 Fannie Freda I (?UMENT - MER5 ? ? Form 3D39 01 /01 Page t3 of 17 WKW?ff 12-10-`10 12;39 FROM- T-491 P0031/0048 F-661 notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Leader can no longer retln lywarer payments seliecMortgage Lender agate coverage (in the amount sad for the period that Lender requires) provided by a becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance ass condition of making the Loan and Borrower was required to snake separately designated payments toward the premiums for Mortgage Insurance. Borrower shall pay the premiums required twmaintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, unto Lender's requirement for ;Mortgage Insurance ends in accordance with any written agreement Nbetw gn Borrower in this Section and Lender providing for suit termination or until termination Is required by Applicable 10 affects Borrower's obligation to pay Interest at the rate provided in the Note. Mortgage insurance reimburses Leader (or any entity that purchases the Note) for certain losses It may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require 0te mortgage insurer to make payments using any source of funds that the mortgage Insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any putcbaser of the Note. another insurer, any coinsurer, any other entity, or any affiliate of any of the foregoing. may receive (directly or Indirectly) amounts that derive from (or alight be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an aftiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer. the arrangement Is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they wlU not entitle Borrower to any refund, (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1988 or any other law. These rights may Include the right to receive certain disclosures. to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insuranceterininated automatically, and/or to receive a refund of any Mortgage lnsuraaneepreadum s that were unearned at she time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds: Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous proceeds shall be applied to restoration or repair of the Property, If the restoration or repair Is economically feasible and Lender's security is not lessened. Durfttg such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such Inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progressapayments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to lie paid on such Miscellaneous Proceeds, Leader shall not be required to pay Borrower any Interest OF earnings on such Miscellaneous Proceeds. If the restoration or repair is not eco. Ically feasible or Lender's security would Ite lessened, the Miscellaneous Proceeds shall bs applied to the sums secured by this Security 09r,magic Cz-%"= mµowWTaW INSTRUNEW - NUTS VA40W dxmspwc-cdM Page 9 of 17 12-10-'10 12:39 FPOM- T-491 P0032/0048 F-661 Instrument, whether or not then due, with The excess, if any. paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secumd by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by tbss Security Instrument immediately before tie partial taking. destruction, or loss in value, unless Borrower and Leo4er otherwise agree is writing, (be sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction' (a) the total amount of the sutsis secured immediately before the partial taking, destruction, or loss In value divided by (b) the fW market value of the Properly immediately beft a the partial taking, destruction, or loss in value. Any balance shall be paid to Botmwer. In the event of a paidal taking, destruction, or loss in value of the Property in which the fah market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of The sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceedsshall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Leader to Borrower That the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower falls to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration of repair of the Property or to the sums secured by this Security Instrument, whether or not then due. *Oppoaog Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be is) default if any action or proceeding, whether civil or crioainal. Is begun that, Is Lender's judgment, could result M forfeiture of the Property or other material impairment of Lender's Interest In the Property or rights under this Security Instrument. Borrower can cure such a default and, if aeeeleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forNture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Leader's Interest In the Property are hereby assigned and shall be paid to tender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Set lion 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor In lnterest of Borrower shall not operate to release the liability of Borrower or any Successors N Interest of Borrower. Lender shall not be required to commence proceedings against any Successor to Interest of Borrower or to refuse to extend time for paynent or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. I S. Joint and Several Liability; Co-signers; Successors aad Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall bejolnt and several. However, any Borrower who co-signs this Security 470" am"imAz INSTRUWNT- MFRS DoeA{agtC daerrpp%mcmr Page 10 Of 17 12-10-110 12:40 FROM- T-491 F0033/0048 F-661 Instrument but does not execute the Note (a "co-signer'): (a) Is co-signing this Security Instrument only to role gage, grant and convey the co-signer's interest in the property under the tenets of this Security t ln Lender and any personally obligated to pay the sutras secured by this Security Instrument; and (c) agree y Borrower can agree to extend, modify, forbear or snake any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Leader, shall obtain allof Borrower's rights and beueflts under this Sefurlty Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release In writing. The covenants and agreements of this Security Instrument shall hind (except as provided to Section 20) and benefit.the successors and assigns of Lender, 14. Loan Charges. Lender may charge Burrower fees for services performed in connection with Borrower's default, for the purpose of protecting Leader's Interest in the Property and rights under this Security Instrument, including, but not limited to. attorneys' fees, property inspection and valuation teas. In regard to any other fees, the absence of express authority in this Security Instrument to charge a speelfic fee to Borrower shall not be construed as a prohibition oa the chirglhg of such fee. Lender may not charge fees that are expressly prohibited by this Security lnstrument or by Applicable Law. If the Loan is subject to a law which sets maximum Imu charges, and that lour is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted omits. then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Honower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such imtrcharge. IS. Notices. All notices givea by Borrower or Lender in connection with this Security Instrument most be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class trail or when actually delivered to Borrower's notice address if sent by other means. Notice to any out Borrowershall constitute notice to all Borrowers unless Applicable I.aw expressly requires otherwise.' The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mall to Lender's address stated herein unltss Leader has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Leader until actually received by Lender. If any notice required bby this Security instrument is also required under Applicable Low, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrmtent. 16. Governing Law; Severability; Rates of Construction. This Security Instrument shall be governed by federal law and The law t-f the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shau not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security INSTRUMENT- MFRS dae ?e wwwdr =r9Fr- M Page 11 or 17 12-10-`10 12;40 FROM- T-491 P003410048 F-661 Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security instrument or the Note which caa be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall meat and include corresponding neuter words or words of the feminine gender, (b) words in the singular shall mean and include the plural and vice versa; and (c) the word °rnay" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 19. Transfer of file Property or a Beneficial Interest in Borrower. As used in this Section 19, "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. V all or any part of the Property or any Interest in the Property is said or transferred (or if Borrower is not a natural person and a benaflclsl interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immeeliate payment in full of all sums secured by this Security bnstrument. However, this option shall not be exercised by lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice Is given in accordance with Section 15 within which Borrower mast pay all sums secured by this Security Instrument. If Borrower fails to pay these stints prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. if Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained to this Security Instrument; (b) such other period as Applicabh: Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower; (a) pays Lender all sums which then would be due underthis Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred In enforcing this Security Instrument, including, but not limited to, rea OSMble attorneys' fees, property inspection and valuation fees, sad other fees loomed for Ike purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the suns secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (e) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an Institution whose deposits are Insured by a federal agency, instrumentality or entity; or (d) Electronic funds Transfer. Upon reinstatement by Borrower, this Stcurlty Instrument and obligations secured hereby shall remain fully effective as If no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Sutton 18. 20. Sale of Note: Change of Loan Servicer; Notice or Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result is a change In the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of The Loan Servicer unrelated to a sale of the Note. If there to a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be madeand any other PENNSYLVAM4,Single Fa*W DocaW gee 4%NBovW $do.ees+se2 rwwim tlWmddie We UNWCAM INSTRUMENT - VIERS w"w.rlocrospie,cam Form 3039 01MI Page 12 or 17 12-10-'10 12 ; 40 FROM- T-491 P0035/0048 F-661 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 L oan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by The Note purchaser. Neither Borrower nor Lender may commence, Join, or be joined to any Judicial action (as either an individual litigant or the member of a class) that artses from the other party's actions pursuant to this Security instrument or that alleges that the other party has breached any provision of, or soy duty owed by reason of, this Security Instrument, until such Borrower or Leader bas uotifled the other parry (with such notice given in compliancewith the requirements of Section 15) of such alleged breach and afforded the other party bereto a 10230041)10 period after the giving of such notice to take corrective Winn. If Applicable Law provides a titne period which must elapae before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 1 g shall be deemed to satisfy the notice and opportunity to take corrective actlou provislons of this Section 20. 21. Hazardous Substances_ As used In this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbiddes, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials: (b) "Enviromnental Law" means federal laws and laws of tbo Jurisdiction where the properly is located that relate to health, safety or environmental prolectlon: (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law: and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not c.tuse or permit the presence, use, disposal, storage, or release of say Hazardous Substances, or threaten to release any hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Properly (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of may Hazardous Substance, and (c) any condition caused by the presence, use or release of a hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediatloo of any Hazardous Substance affecting the Property Is secessmy, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Low. Nothing herein shall create any obligation on Lender for nn Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows; 22. Acceleration, Remedies, Lender 3baU give notice to Borrower prior to acceleration following Borrower's breach of arty covenantor agreement in this Security Instrument (but not prior to acceleration under PENNSYLVANIA-?g tit F DMMa& e%VM 044 Fannie Mm'Fnrddi! F712c U FMt INSTRUMENT - MFRS yt,N,N,dk-4n ,vvm Form 3039 01101 Page 13 of 17 12-10-'10 12:40 FHON- T-451 P0035/0048 F-661 Section 18 unless Applicable Law provides otherwise). Lender shat) notify Borrower of, among ether things: (a) the default; (b) the action required to cure the default; (c) when the default mast be cured; and (d) that failure to cure the default as spedfied may result in acceleration of the sums secured by tbis Security Instrument, foreclosure by judicial proceeding and sale of the Properly. Lender shall farther 3nporm borrower of the right to reinstate after acceleration and the right to assort in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require Immediate payment in full of all sums secured by this Security Isstrument without further demand and may foreclose this Securiy Instrument by judidat proceeding, fender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall teraduate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instroment_ Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging or the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permuted by Applicable Law, waives and releases any error or defects In proceedings to enforce this Security Instrument, and hereby wolves the benefit of any preaeat or future laws providing for stay of extcatton, extension of time, exemption from attacbraeRf, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to thts Security Instrument. 26. Purchase Money Mortgage, if any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27, Interest Rate After Judgment, Borrower agrees that the interest rate payable after a Judgment Is entered on the (Vote or in an actimi of mortgage foreclosure shall be the rate payable from time to time under the Note. PENNSYLVANIA-sin Fad?" yy DOCMV lc lOltastos soosrs.ralr Fannie McNFre&% UN? W INSTRUMENT - NE n ww?vobenWjA oam Fmm 3038 01/01 Page 14 of 17 12-10-' 10 12 ; 41 FROM- T-491 P0037/0048 F-661 BY SIGNING BELOW. Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it, r (Seal) NICHOLAS SWORE:N -Borrower (Seal) -'Borrower - (Seal) -Borrower (Seal) -Borrower Witness, - (Seal) -Borrower - (Seat) -Borrower F&wiv 2&fF ft m . a isttIF nOC Mp9ir ooom PENN Sk.VUNIFORM INSTRUMENT • MFRS Forth 3039 01/01 t?ac Page 1$ of 17 12-10-'10 12;41 FPOM- [Space Below This Urv For Acknovvledgnwal COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) T-491 P0038/0048 F-661 On this the 31 S?-day of Jusu, ,before me 1 f the undersigned officer, personally appeared NICHOLAS swogEN known so me (or satis rily proven) to be the person(s) whose name(saare subscribed to the within instrument and acknowledged tba h vshe/they executed the same for The purposes therein contained. In witness whereof, t hereunto set my hand and ofilcial seals. COMMO E)1LTf.; )F IYEXNSYi.VANNMA N01864180,,4 Leslie E. Taylor Notary Public Hampden 7Wp., Cemberland County (illy Commtssion FANAPS Doc. 13, 2009 Mornbw. PemSylvania A3waalion of Notaries (Notary's Scamp and Embosser) Signature Title of Officer My commission expires: (-?, 09 Fafrxlle, eM dd=FLMtARM INSTRUMENT • MFRS DocMAylcdwV~b" %Z3004149- rae2 Forth 3039 01/01 Page 16 or 17 wwtacxm 1 -10-` 10 12:41 FROM- T-491 P003,9/0048 F-651 Cird&ate of Residence of Mortgagee The undersigned bereby certifies that: (t) he/she is the Mortgagee or the duly authorized attorney or agent of the Mortgagee named in the within lostromentt and (ii) Mortgagee's precise residence is, P.0 BOX 2026, FLTNT MI 48501 Witness my band this day of? igna re of Mortgagee Maulgagee's Authorized Attorney or Agent ?1 Q orPrWNameofhiwW a sDulyAudwriaodAWmeyorAgen VANL"I FIVOR Docuawc &Vbvt? aoaoc 'Im FarrwrMaatFretldfe Nfac U4MFM INSTRIflV1FNT - MI RS w9fa-mm Fvm 3039 01/01 Page 17 or 17 ,12-10-`10 12;41 FROM- T-491 P0040/0048 F-661 Loan Number: 07-HM2670 ADJUSTABLE RATE BALLOON RIDER (LIBOR Six-Month Index (As Published In The Wall Sfitltet JowM4 - Rate Caps) T141S ADJUSTABLE RATE RIDER Is made this 313t day of JULY 2007 , and is Incorporated into and shall be deemed to amend and supplement the Mortgage. Deed of Trust, or Security Deed (the "Security Imimment") of the same date given by the undersigned ("Borrower") to secure Borrower's AdjustaMe Rate Note (the "Note") to NOVASTAR MORTGAGE, INC. , A VIRGINIA CORPORATION ("Leader") of the same date and covering the property described in the Security Instrument and located at: 144 RED TANK RD, BOTLTNG SPRINGS, PENNSYLVANIA 17007 Mro" Addreal THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN TIME INTEREST )RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONETIME AND THE MAXIMUM RATE BORROWER MUST PAY. THE LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE. LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. YOU WILL. THEREFORE BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSE'T'S THAT YOU MAY OWN, OR YOU WILL HAVE TO FIND A LENDER, WHICH MAY BE THE LENDER YOU HAVE THIS LOAN WITH, WILLING TO LEND YOU THE MONEY. IF YOU REFINANCE THIS LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDER. ADDITIONAL COVENANTS. In addition to the covenants and agreements made In the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note pros ides for as initial interest rate of 6.950 %. The Note provides for changes In the interest rate and the monthly payments, as follows 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the 1st day of AUGUST, 2009 and on that day even 6th month thereafter. Each date on which my interest rate could change is called a "Change Date." (MULTISTATE ADUU51y?RE RATE BALLOON FdDER-.LIBOR SIX-MONTH INDEX oootAtoac wtm= aW,&,*r36.t ASSU A?BLE?051171 WALL SrA frAWRNAL) p VVWWt:bWMgk.cavn Page 1 of 3 12-10-'10 12.41 FROM- T-491 P0041/0048 F-661 (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The 'Index' is the average of interbank Differed rates for six month U.S. dollar-denominated deposits In the Landon market ("LIBOR"), as pablisoed in The Wall StreetJournal. The most recent Index figure available as of the first business day of the month immediately preceding the mouth in which the Change Date occurs is called the 'Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Caleuladon of Changes Before each Cinange Date, the Note Holder will calculate my new interest rate by adding FOUR AND 600/1000 percentage points ( 4 . 600 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one perceMae point (0.125%)- Subject to the limits stated in Section 4(D) below, this rounded ansount will be my new interest rate unto the next change vate. The Note Holder will then determine the amount of the monthly payment that would be sufflclent to repay the unpaid principal that I am expected to owe at the Change Date in full on the Amordutlon Date (described below) at my new interest tale in substantially equal payments, The result of this calculation will be the new amount of my monthly payment. For purposes of calculating monthly payments beginning with the first monthly payetem due after the first Change Date and continuing tbereafter through the final Change Date, the "Amortization Date" is the date that is 120 months following the Maturity Date. (l)) Limits on Interest Rate Changes The interest sate I am required to pay at the first Change Date will not be greater than 9 . 950 % or less than 6 . 950 %. Thereafter, my Interest rate will never be increased or decreased on any single Change Date by more than ONE AND 000/1000 percentage points ( 1 . 000 %) from the rate of interest I have been pa, ing for the preceding 6 months. My interest rate will never be greater than 13-95 0 % My interest rate will never be less Than 6.950%. (E) Effecth-e Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment dale after The Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes In my Interest rate and the amount of my monthly payment before the effective date of any change- The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding, the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 18 of the Security Instrument Is amended to read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial Interest in the Property, including, but not limilee 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. MULTISTATE ADJUSIANX RATE WD" MOER-LIBOR MX•MONTH IMO DacRraplt ?ftao0oo6 aoac r rst (AS PUBLISMI) IN TfW WALL SY TJOURNQ uvWW. * C1 wjc.cum ASWkWLE OS/17/06 Pago, 2 ar 3 . 12-10-'10 12:41 FFOM- T-491 P0042/0048 F-661 if all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent. Lender may require immediate payment In full of all sums secured '3y this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Leader also shall not exercise this option if; (a) Borrower causes to be submitted to Leader Information required by Leader to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not he 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 Grader's consent to the loan assumption. Lender also may require the Iranaferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all tit promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing, If Len&r exercises the option to require immediate payment in full. Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the dote the notice is given in accordance with Section 15 within which Borrower must pay all sums m!cured by this Security Instrument. If Borrower falls to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Ridtr. ` v (Seal) NICHOLAS SWOREN -Borrower - (Sean -Borrower - (Seal) -Borrower (Seal) Borrower - (Seal) -Borrower _ (Seal) -Borrower (q?LpA AQl TAtit.B RATE 6AI10M RIDER--LIBOR SIX-MONTH IMEX p e y rye 1LSSUAM B EEOSM7^ WAIL SIREEI 1CNl?L1iAt) Page 3 of 3 erwmdxwna9fr_ m 112-10-`10 12;42 FROM- T-491 P0043/0048 F-661 -(Spade Abo" Ths time For Raoorbng Data) BALLOON RIDER Loan Number: 07-EM2670 THIS BALLOON RIDER Is made this 31st day of JULY 2007 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same data given by the undersigned ("Borrower") to secure Borrower's Note (the "Note") to NOVASTAR MORTGAGE, INC. , A VIRGINIA CORPORATION (the "Leader") of the same date and covering the property described in the Security Instrument and located at: 144 RE[ TANK RD, BOILING SPRINGS, PENNSYLVANIA 17007 (Property Ad&essl The interest rate stated on the Note is called the "Note Rate." The date of the Note is called the "Note Date." Y undersiand the Lender may transfer the Note; Securlty Instrument and this Rider. The lender or anyone who takes the Note, the Security Instrument and this Rider by transfer and who is entitled to receive payments under the Note is called the "Note Holder." ADDITIONAL COVENANTS. In addition to the covenants and agreements is tht Security Instrument, Burrower and Leader further covenant and agree as follows (despite anything to the contrary contained In the Security Instrument or the Note): THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE. THE LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. YOU WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU MAY OWN, OR YOU WILL HAVE TO VIND A LENDER, WHICH MAY BE THE LENDER YOU HAVE THIS LOAN WITH, WILLING TO LEND YOU THE MONEY. IF YOU REFINANCE THIS LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDER. aM4U/12Tg1S?TATE BALLOON RIDER ta0WAWbdti?oW aavaos-rse2 Page 1 of 2 wwwtdomutgic corn 112-10-'10 12;42 FROM- T-491 P004410048 F-661 BY SIGNING BELOW, Borrower accepts and agrees to the terms aad covenants contained in this Balloon Rider. i 2131 i Gl Borrower NICHOLAS 3WOREN Date Borrower Date Borrower Borrower Date Borrower Date Borrower Date Date MULTISTATE MLLOON ISM a pv$L?3f2 0412604 Page 2 of 2 wow dbonvoi- Para 1 -ZL1-' 10 12:4 FP rl- PREPAYMENT RIDER Loan Number: 07-HM2670 Date: JULY 31, 2001 Borrower(s): NICHOLAS SWOREN T-491 FL]L145/0048 F-661 THIS PREPAYMENT RIDER (the "Rider") is made this 3Ist day of JULY , 2007 . and is incorporated Into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrumeaf) of the same date given by the undersigned ("Borrower") to secure repayment of Borrower's promissory note (the "Note") in favor of NOVASTAR MOP.TGAGE, INC., A VIRGINIA CORPORATION ("Lender"), The Security Instrument encumbers the Property more specifically described in the Security Instrument and located at 144 RED TANK RD, BOILING SPRINGS, PENNSYLVANIA 17007 [Property Address] ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. PREPAYMENT CHARGE The Note ptovides for the payment of a prepayment charge as follows: 5 . BORROWER'S RIGHT TO PREPAY; PREPAYMENT CHARGE I have the tight to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment If I have not made all the monthly payments due under ibe Note. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under the Note, However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due dates of my monthly payment unless the Note Holder agrees in writing to those changes. It the Note contains provisions for a variable interest rate, my partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However, any reduction duct to my partial prepayment may be offset by an interest rate increase, If this Note provides for a variable Interest rate or finance charge, ant] the interest rate or finance charge at any time exceeds the legal limit under MULTISTATE PREPAYMENT RIDER p yy? Page t or 2 12-10-'10 12;42 FROM- T-491 P0046/0048 F-661 which a Prepayment penalty is allowed, then the Note Holder's right to assess a Prepayment penalty will be determined under applicable law. if Ndthin THIRTY-SIX ( 36 ) taonW from the date the Security Instrument Is. executed 1 make a full Prepayment or one or more partial Prepayments, and the total of sll such Prepayments la any 12-month period exceeds twenty peroant (20%) of the orJgiootl Ptbte qW amount of the loan, I will pay a Frepaymeot charge Ju as amount equal to $; X ( 6 ) months' advance interest on the amount by which the total of my Prepayments within any 12-month period exceeds twenty percent (20%) of the original Principal amount of the loan. BY SIGNING BELOW, Borrower accepts and agrees to the tuts and provisions contained in this Rider. 4 C Z (Seal) NICHOLAS SWOREN -Borrower (Seal) 1 -1 -Borrower - (Seal) -Borrower _.._ (Seal) Borrower - (Seal) -Borrower -._. (Seal) -Borrower ATE PREPA PIT RIDER 6/03 Page 2 of 2 EtiO? 6 W t.7St trpantj* gbcprrr 12-10-10 12:42 FROM- ROBERT' P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY' 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 tastrutneut Number - 200730808 Recorded On 8/7/2007 At 8:19:47 AM * Total Pages - 26 * Instrument'rype - MORTGAGE Invoice Number -1511 User ID - MSW • Mortgagor - SWOREN, NICHOLAS * Mortgagee - MORTGAGEE ELECTRONIC REGISTRATION SYSTEMS, INC. * Customer - AMZRICAN 'SETTLE SER INC * FEES STATE WRIT TAX STATE JCS/ACCESS TO JUSTICE RECORDING MMS - RECORDER OF flZffiDS AFFORDABLE HOUSING COUNTY ARCHIVES b'F.IC ROD ARCHIVES FEE TOTAL PAID $0.50 $10.00 $53.50 $11.50 $2.00 $3.00 $80.50 T-491 P0048/0048 F-661 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER p D nS " • Information denoted by an asterisk may change during the verification proceaa and may not be reflected on this page. EXHIBIT B ,If, Zucker, Goldberg & Ackerman, LLC XCP-146769 N Conestoga Title Insurance Company Commitment Number. 2007070001AM• SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows ALL that certain tract of land with improvements thereon situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a spike in the originei center line of Township Road T-542 feeding from Boiling Springs to Red Tank ( the original width being thirty-three (33) feet) at comer of land now or formerly of Robert Lee Kuhn; thence from said spike at the place of beginning along the original center line of said Township Road T-542, North 54 degrees 19 minutes West, a distance of One Hundred Three and Filly Hundredths (103.50) feet to a spike; thence North 39 degrees 298 minutes 10 seconds East, a distance of Six Hundred Fifty-two and thirty-one Hundredths (652.31) feet to a stake on the Southern line of land formerly, of Harrisburg Clay Company, now or formerly of Carl F. Nelson Jr.; thence along said line of land, now or formerly of Carl F. Nelson Jr., South 57 degrees 22 minutes East, a distance of One Hundred Sixty-nine and Eighty Hundredths (169.80) feet to stones at comer of land formerly of W. McClellan Whitcomb, now or formerly of Wiliam Goldstein; thence along said line of land now or formerly of William Goldstein, South 29 degrees 49 minutes West a distance of Four Hundred Twenty-two and Ninety Hundredths (422,90) feet to a stone at corner of land now or formerly of Robert Lee Kuhn; thence along the North line of said land now or formerly of Robert Lee Kuhn, North 54 degrees 19 minutes West, a distance of One Hundred Fifty (150) feet to a stake; thence along the western line of said land now or formerly of Robert Lee Kuhn, South 36 degrees 15 minutes West, a distance of Two Hundred Thirty-nine and Twenty-five Hundredths (239.25) feet to a spike in the original center fine of Township Road T-542, the place of BEGINNING. CONTAINING 2.488 acres. THE southern most twenty-five (25) feet of the above described premises is hereby dedicated to public use as a portion of Township Road T-542. Parcel Number: 40.12-0342-025 ALTA Commlhnent Schedule C (2007070001AM.PFORO 7070001AMld9) 40 VERIFICATION Kimberly A. Bonner, Esquire hereby states that she is attorney for Wells Fargo Bank, NA in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing of the pleading, that she is authorized to make this verification pursuant to Pa. R. C. P. 1024 (c) and that the statements made in the foregoing pleading in the Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of her knowledge, information and belief. Furthermore, it is the undersigned's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Scott A. Dietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Levy, Esquire; PA I.D. #306799 Attorneys for Plaintiff Dated: 12/23/10 Zucker, Goldberg & Ackerman, LLC XCP-146769 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 1Li 0-l3(3 F ICE R'! ty F l?"J '2011 1At-1 12 Aft -0, ; ?G II-IMBERLAKLI G0 11" PEf4 S L%11/A 1 fN. Wells Fargo Bank NA vs. Case Number Nicholas Sworen 2010-7896 SHERIFF'S RETURN OF SERVICE 01/06/2011 10:31 AM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on January 6, 2011 at 1031 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Nicholas Sworen, by making known unto Lurinda Kuhn, Aunt of defendant at 144 Red Tank Road, Boiling Springs, Cumberland County, Pennsylvania 17007 its contents and at the same time handing to her personally the said true and correct copy of the sam j WN G S ALL, D SHERIFF COST: $33.40 January 07, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NA, CIVIL DIVISION Plaintiff, C c NO.: 10-7896 vs. -or- Nicholas Sworen r? 4 b Z-n Defendant. ,? W p t7 Cn 2> ORDER OF COURT r l? AND NOW, this day of /??i?r Li , 2011, upon consideration of Plaintiff's Motion to Reform Mortgage to Attach Correct Legal Description, it is hereby ORDERED, ADJUDGED AND DECREED that the Mortgage, granted by Defendant in the amount of $165,000.00 dated July 31, 2007, and recorded in the Office of the Recorder of Deeds of Cumberland County on August 7, 2007 as Instrument #200730808 shall be deemed to include the attached Legal Description rather than the legal description of a Virginia property. C cc," b e r la nol It is further ORDERED the Iweme County Recorder of Deeds shall record/have recorded a certified copy of this Order, along with the Legal Description attached to Plaintiff's Motion as Exhibit "A", and shall have such copy indexed in/with the land records concerning the Real Property located at 144 Red Tank Road, Boiling Springs PA 17007, as evidencing the aforementioned reformation of the Mortgage. BY THE COURT: ?px,?4 ?ie-l-fcriek, ?? t(pJ. NiCh0109 Soren apies t? ,d? J ? 5 r . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA, CIVIL DIVISION Plaintiff, NO.: 10-7896 VS. Nicholas Sworen Defendant. AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 f -rt yk- ?t0 era ? oc> rn v 7 '.L Wells Fargo Bank, NA, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 144 Red Tank Road, Boiling Springs, PA 17007. 1. Name and Address of Owner(s) or Reputed Owner(s): NICHOLAS SWOREN, SINGLE MAN 144 Red Tank Road Boiling Springs, PA 17007 2. Name and Address of Defendant(s) in the Judgment: NICHOLAS SWOREN 144 Red Tank Road Boiling Springs, PA 17007 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: WELLS FARGO BANK, NA Plaintiff CUMBERLAND COUNTY ADULT PROBATION 1 Courthouse Square Carlisle, PA 17013 4 4. Name and Address of the last record holder of every mortgage of record: WELLS FARGO BANK, NA Plaintiff MERS AS A NOMINEE FOR NOVASTAR MORTGAGE, INC. PO Box 2026 Flint, MI 48501-2026 AND 6200 Oak Tree Blvd., 3rd Floor Independence, OH 44131 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 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: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 UNKNOWN TENANT OR TENANTS 144 Red Tank Road Boiling Springs, PA 17007 UNKNOWN SPOUSE 144 Red Tank Road Boiling Springs, PA 17007 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 I verify that the statements made in this Amended Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ZUCKER GOLDBERG & ACKERMAN, LLC Dated: l I BY: LL K U.L12), Scott A. Dietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquir ; PA.I.D. #89705 Joel A. Ackerman, Esquire; A I.D. #202729 Ashleigh L. Levy,' PA I.D. #306799 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 File No.: XCP-146769 (908) 233-8500; (908) 233-1390 FAX E-mail: Office@zuckergoldberg.com 1-1 Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND WITH IMPROVEMENTS THEREON SITUATE IN SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A SPIKE IN THE ORIGINAL CENTER LINE OF TOWNSHIP ROAD T-542 LEADING FROM BOILING SPRINGS TO RED TANK (THE ORIGINAL WIDTH BEING THIRTY-THREE (33) FEET) AT CORNER OF LAND NOW OR FORMERLY OF ROBERT LEE KUHN; THENCE FROM SAID SPIKE AT THE PLACE OF BEGINNING ALONG THE ORIGINAL CENTER LINE OF SAID TOWNSHIP ROAD T-542, NORTH 54 DEGREES 19 MINUTES WEST, A DISTANCE OF ONE HUNDRED THREE AND FIFTY HUNDREDTHS (103.50) FEET TO A SPIKE; THENCE NORTH 39 DEGREES 298 MINUTES 10 SECONDS EAST, A DISTANCE OF SIX HUNDRED FIFTY TWO AND THIRTY-ONE HUNDREDTHS (652.31) FEET TO A STAKE ON THE SOUTHERN LINE OF LAND FORMERLY OF HARRISBURG CLAY COMPANY, NOW OR FORMERLY OF CARL F. NELSON JR.; THENCE ALONG SAID LINE OF LAND, NOW OR FORMERLY OF CARL F. NELSON JR., SOUTH 57 DEGREES 22 MINUTES EAST, A DISTANCE OF ONE HUNDRED SIXTY-NINE AND EIGHTY HUNDREDTHS (169.80) FEET TO STONES AT CORNER OF LAND FORMERLY OF W. MCCLELLAN WHITCOMB, NOW OR FORMERLY OF WILLIAM GOLDSTEIN; THENCE ALONG SAID LINE OF LAND NOW OR FORMERLY OF WILLIAM GOLDSTEIN, SOUTH 29 DEGREES 49 MINUTES WEST, A DISTANCE OF FOUR HUNDRED TWENTY-TWO AND NINETY HUNDREDTHS (422.90) FEET TO A STONE AT CORNER OF LAND NOW OR FORMERLY OF ROBERT LEE KUHN; THENCE ALONG THE NORTH LINE OF SAID LAND NOW OR FORMERLY OF ROBERT LEE KUHN, NORTH 54 DEGREES 19 MINUTES WEST, A DISTANCE OF ONE HUNDRED FIFTY (150) FEET TO A STAKE; THENCE ALONG THE WESTERN LINE OF SAID LAND NOW OR FORMERLY OF ROBERT LEE KUHN, SOUTH 36 DEGREES 15 MINUTES WEST, A DISTANCE OF TWO HUNDRED THIRTY NINE AND TWENTY-FIVE HUNDREDTHS (239.15) FEET TO A SPIKE IN THE ORIGINAL CENTER LINE OF TOWNSHIP ROAD T-542, THE PLACE OF BEGINNING. CONTAINING 2.488 ACRES. THE SOUTHERN MOST TWENTY-FIVE (25) FEET OF THE ABOVE DESCRIBED PREMISES IS HEREBY DEDICATED TO PUBLIC USE AS A PORTION OF TOWNSHIP ROAD T-542. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 144 RED TANK ROAD, BOILING SPRINGS, PA, 17007. BEING THE SAME PREMISES WHICH STEPHEN V. SWOREN AND DARLENE R. SWOREN, HUSBAND AND WIFE„ BY DEED DATED JULY 31, 2007 AND RECORDED AUGUST 7, 2007 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 200730807, PAGE, GRANTED AND CONVEYED UNTO NICHOLAS SWOREN, SINGLE MAN. TAX MAP NO.: 40-12-0342-025. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA, CIVIL DIVISION Plaintiff, NO.: 10-7896 vs. TYPE OF PLEADING Nicholas Sworen Pa. R.C.P. RULE 3129.2(C) AFFIDAVIT OF SERVICE Defendant. OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST FILED ON BEHALF OF: Wells Fargo Bank, NA r " r 1 CO m Tl r-- COUNSEL OF RECORD FOR THIS PART cv ° -4 CD ZUCKER, GOLDBERG & ACKERMAN, LL5? . V } ? i Scott A. Dietterick Esquire PA I D #55i5 fE 7 -+m , . . Kimberly A. Bonner, Esquire- PA I.D. #8975 Joel A. Ackerman, Esquire- PA I.D. #202729 Ashleigh L. Levy, Esquire- PA I.D. #306799 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX office@zuckergoldberg.com File No.: XCP- 146769/dsc Zucker, Goldberg & Ackerman, LLC XCP-146769 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA, VS. Nicholas Sworen CIVIL DIVISION Plaintiff, : NO.: 10-7896 Defendant. Pa.R.C.P. RULE 3129(c) AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST I, Daniel Schlesinger, a paralegal with the firm of Zucker, Goldberg & Ackerman, LLC, attorneys for Plaintiff, Wells Fargo Bank, NA, being duly sworn according to law depose and make the following Affidavit regarding the service of Plaintiff's Notice of Sheriff's Sale of Real Property in this matter on Defendant/Owner and Other Parties of Interest as follows: 1. Defendant, Nicholas Sworen, single man, is the record owner of the real property. 2. On or about March 14, 2011, Nicholas Sworen, single man was served with Plaintiff's Notice of Sheriff's Sale of Real Property Pursuant to Pa. R.C.P. 3129, Certified Mail, return receipt requested at the address of the mortgaged premises, being 144 Red Tank Road, Boiling Springs PA 17007. A true and correct copy of said Notice and Proof of Service are marked Exhibit "A", attached hereto and made a part hereof. 3. On or about April 7, 2011, Plaintiffs counsel served all other parties in interest with Plaintiff's Notice of Sheriffs Sale according to Plaintiffs Affidavit Pursuant to rule 3129.1, via First Class U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. True and correct copies of said Notices and Certificates of Mailing are marked Exhibit "B", attached hereto and made a part hereof. Zucker, Goldberg & Ackerman, LLC XCP-146769 Finally, the undersigned deposes and says that the Defendant/Owner and all other Parties of Interest were served with Plaintiff's Notice of Sheriff's Sale of Real Property in accordance with Pa.R.C.P. 3129.2. ZUCKER, GOLDBERG & ACKERMAN, LLC Attorneys for Plaintiff Dated: April 28, 2011 CHLESINGER Paralegal/Legal Assistant Sworn to and subscribed before this 2 day of April, 2011 No y Public MY COMMISSION EXPIRES: EDWARD J. SCHWAHL II Notary P blic SState of 2383239 eersey my Commission Expires March p9, 2014 Zucker, Goldberg & Ackerman, LLC XCP-146769 EXHIBIT A Zucker, Goldberg & Ackerman, LLC XCP-146769 ?p-0 N C o x J 0 N N a Q z m n pi o D N C N N 3 N r r n ;'Z O = .0 ?..? m z v G) cn -? v cn D? C3 Cl ' ? Z o = ....?? ° Z A _ G) = ru n Ln -v D - o v - w CD v - ru D. co = .] N O O W O W O N z °J O A fn m k"l II x6 9() ut d; r, ?.7r d; ,,s& r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA, CIVIL DIVISION Plaintiff, vs. Nicholas Sworen Defendant. : NO.: 10-7896 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Nicholas Sworen 144 Red Tank Road Boiling Springs, PA 17007 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 06/01/2011 at 10:OOam prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 144 Red Tank Road, Boiling Springs, PA, 17007 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 10-7896 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF TINTS PROPERTY ARE: Nicholas Sworen A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. 10 PROFERTY THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR . Zucker, Goldberg & Ackerman, LLC XCP-146769 It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL-RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentation of the petition to the Court. Dated: February ?g2011 q , PA I.D. #202729 Ashleigh L. Levy, Esquire; PA I.D. #306799 200 Sheffield Street, Suite 101 Mountainside, NJ 070W File No.: XCP-146769 (908) 233-8500; (908) 233-1390 FAX E-mail: OMCC@zuckergoldberg.com ZUCKER GOLDBERG & ACKERMAN, LLC BY: Scott A. ' tterick, squir ? PA I.D. #55650 Kimberly A. Bonner, Esq i PA.1.D. #89705 Joel A. Ackerman Es uir VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker, Goldberg & Ackerman, LLC XCP-146769 Exhibit "A" LEGAL DESCREMON ALL THAT CERTAIN TRACT OF LAND WITH IMPROVEMENTS THEREON SITUATE IN SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A SPIKE IN THE ORIGINAL CENTER LINE OF TOWNSHIP ROAD T-542 LEADING FROM BOILING SPRINGS TO RED TANK (THE ORIGINAL WIDTH BEING THIRTY- THREE (33) FEET) AT CORNER OF LAND NOW OR FORMERLY OF ROBERT LEE KUHN; THENCE FROM SAID SPIKE AT THE PLACE OF BEGINNING ALONG THE ORIGINAL CENTER LINE OF SAID TOWNSHIP ROAD T-542, NORTH 54 DEGREES 19 MINUTES WEST, A DISTANCE OF ONE HUNDRED THREE AND FIFTY HUNDREDTHS (103.50) FEET TO A SPIKE; THENCE NORTH 39 DEGREES 298 MINUTES 10 SECONDS EAST, A DISTANCE OF SIX HUNDRED FIFTY TWO AND THIRTY-ONE HUNDREDTHS (652.31) FEET TO A STAKE ON THE SOUTHERN LINE OF LAND FORMERLY OF HARRISBURG CLAY COMPANY, NOW OR FORMERLY OF CARL F. NELSON JR.; THENCE ALONG SAID LINE OF LAND, NOW OR FORMERLY OF CARL F. NELSON JR., SOUTH 57 DEGREES 22 MINUTES EAST, A DISTANCE OF ONE HUNDRED SIXTY-NINE AND EIGHTY HUNDREDTHS (169.80) FEET TO STONES Al' CORNER OF LAND FORMERLY OF W. MCCLELLAN WHITCOMB, NOW OR FORMERLY OF WILLIAM GOLDSTEIN; THENCE ALONG SAID LINE OF LAND NOW OR FORMERLY OF WILLIAM GOLDSTEIN, SOUTH 29 DEGREES 49 MINUTES WEST, A DISTANCE OF FOUR HUNDRED TWENTY-TWO AND NINETY HUNDREDTHS (422.90) FEET TO A STONE AT CORNER OF LAND NOW OR FORMERLY OF ROBERT LEE KUHN; THENCE ALONG THE NORTH LINE OF SAID LAND NOW OR FORMERLY OF ROBERT LEE KUHN, NORTH 54 DEGREES 19 MINUTES WEST, A DISTANCE OF ONE HUNDRED FIFTY (150) FEET TO A STAKE; THENCE ALONG THE WESTERN LINE OF SAID LAND NOW OR FORMERLY OF ROBERT LEE KUHN, SOUTH 36 DEGREES 15 MINUTES WEST, A DISTANCE OF TWO HUNDRED THIRTY NINE AND TWENTY-FIVE HUNDREDTHS (239.15) FEET TO A SPIKE IN THE ORIGINAL CENTER LINE OF TOWNSHIP ROAD T-542, THE PLACE OF BEGINNING. CONTAINING 2.488 ACRES. THE SOUTHERN MOST TWENTY-FIVE (25) FEET OF THE ABOVE DESCRIBED PREMISES IS HEREBY DEDICATED TO PUBLIC USE AS A PORTION OF TOWNSHIP ROAD T-542. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 144 RED TANK ROAD, BOILING SPRINGS, PA, 17007. BEING THE SAME PREMISES WHICH STEPHEN V. SWOREN AND DARLENE R. S WOREN, HUSBAND AND WIFE„ BY DEED DATED JULY 31,2007 AND RECORDED 7, 2007 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME AUGUST 200730807, PAGE, GRANTED AND CONVEYED UNTO NICHOLAS SWOREN, SINGLE MAN, TAX MAP NO.: 40-12-0342-025. ?y Zucker. Cloldberg & Ackerman, LLC XCP-116769 m cn ?I j: ?I g ?-' Official USPS use ONLYI P W ?! 0 ?- O = Z cr PPAY ?? Coo o ? o ti .A Q I N G M o- o- ti 0 N r GAO(' ICA Z Z D g co o c?~o ro o? cr ti Ln ?...?? tl" mm=-- O L{ r ti L" D. r N Z N I ax A m rn ?a PL n3 V < ? W f ?? ?$ r EXHIBIT B Zucker, Goldberg & Ackerman, LLC XCP-146769 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NA, Plaintiff, vs. Nicholas Sworen Defendant. CIVIL DIVISION : NO.: 10-7896 NOTICE TO LIENHOLDERS_AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: CUMBERLAND COUNTY TAX CLAIM BUREAU UNKNOWN SPOUSE Cumberland County Courthouse 144 Red Tank Road One Courthouse Square Boiling Springs, PA 17007 Carlisle, PA 17013 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 UNKNOWN TENANT OR TENANTS 144 Red Tank Road Boiling Springs, PA 17007 CUMBERLAND COUNTY ADULT PROBATION 1 Courthouse Square Carlisle, PA 17013 MERS AS A NOMINEE FOR NOVASTAR MORTGAGE, INC PO Box 2026 Flint, M148501-2026 CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 MERS AS A NOMINEE FOR NOVASTAR MORTGAGE, INC. 6200 Oak Tree Blvd., 3rd Floor Independence, OH 44131 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in: the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 Zucker, Goldberg & Ackerman, LLC XCP-146769 146769D I 004CO404201 I P I On 06/01/2011 at 10:00am, the following described real estate which Nicholas Sworen, single man are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 144 Red Tank Road, Boiling Springs, PA 17007 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). Zucker, Goldberg & Ackerman, LLC XCP-146769 146769DI004C040420111)2 The said Writ of Execution has been issued on a judgment in the action of Wells Fargo Bank, NA VS. Nicholas Sworen, et al Plaintiff Defendant(s) at EX. NO. 10-7896 in the amount of $172614.42 plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments v should contact your attorney as soon as possible. Dated: 14 1 ZUCKER GO the^i riffs Sale or this Notice, you LLC BY: ' ScotAAck rick, Es'qt ire; PA)-.1f#55650 Kimnner, Esquire; PA I.D. #89705 Joel an, Esquire; PA I.D. #202729 Ashleigh L. Levy, Esquire; Pa I.D. #306799 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: XCP-146769 (908) 233-8500; (908) 233-1390 FAX E-mail: Office@zuckergoIdberg.com Zucker, Goldberg & Ackerman, LLC XCP-146769 146769D 1004C0404201 1 P3 Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND WITH IMPROVEMENTS THEREON SITUATE IN SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A SPIKE IN THE ORIGINAL CENTER LINE OF TOWNSHIP ROAD T-542 LEADING FROM BOILING SPRINGS TO RED TANK (THE ORIGINAL WIDTH BEING THIRTY-THREE (33) FEET) AT CORNER OF LAND NOW OR FORMERLY OF ROBERT LEE KUHN; THENCE FROM SAID SPIKE AT THE PLACE OF BEGINNING ALONG THE ORIGINAL CENTER LINE OF SAID TOWNSHIP ROAD T-542, NORTH 54 DEGREES 19 MINUTES WEST, A DISTANCE OF ONE HUNDRED THREE AND FIFTY HUNDREDTHS (103.50) FEET TO A SPIKE; THENCE NORTH 39 DEGREES 298 MINUTES 10 SECONDS EAST, A DISTANCE OF SIX HUNDRED FIFTY TWO AND THIRTY-ONE HUNDREDTHS (652.31) FEET TO A STAKE ON THE SOUTHERN LINE OF LAND FORMERLY OF HARRISBURG CLAY COMPANY, NOW OR FORMERLY OF CARL F. NELSON JR.; THENCE ALONG SAID LINE OF LAND, NOW OR FORMERLY OF CARL F. NELSON JR., SOUTH 57 DEGREES 22 MINUTES EAST, A DISTANCE OF ONE HUNDRED SIXTY-NINE AND EIGHTY HUNDREDTHS (169.80) FEET TO STONES AT CORNER OF LAND FORMERLY OF W. MCCLELLAN WHITCOMB, NOW OR FORMERLY OF WILLIAM GOLDSTEIN; THENCE ALONG SAID LINE OF LAND NOW OR FORMERLY OF WILLIAM GOLDSTEIN, SOUTH 29 DEGREES 49 MINUTES WEST, A DISTANCE OF FOUR HUNDRED TWENTY-TWO AND NINETY HUNDREDTHS (422.90) FEET TO A STONE AT CORNER OF LAND NOW OR FORMERLY OF ROBERT LEE KUHN; THENCE ALONG THE NORTH LINE OF SAID LAND NOW OR FORMERLY OF ROBERT LEE KUHN, NORTH 54 DEGREES 19 MINUTES WEST, A DISTANCE OF ONE HUNDRED FIFTY (150) FEET TO A STAKE; THENCE ALONG THE WESTERN LINE OF SAID LAND NOW OR FORMERLY OF ROBERT LEE KUHN, SOUTH 36 DEGREES 15 MINUTES WEST, A DISTANCE OF TWO HUNDRED THIRTY NINE AND TWENTY-FIVE HUNDREDTHS (239.15) FEET TO A SPIKE IN THE ORIGINAL CENTER LINE OF TOWNSHIP ROAD T-542, THE PLACE OF BEGINNING. CONTAINING 2.488 ACRES. THE SOUTHERN MOST TWENTY-FIVE (25) FEET OF THE ABOVE DESCRIBED PREMISES IS HEREBY DEDICATED TO PUBLIC USE AS A PORTION OF TOWNSHIP ROAD T-542. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 144 RED TANK ROAD, BOILING SPRINGS, PA, 17007. BEING THE SAME PREMISES WHICH STEPHEN V. SWOREN AND DARLENE R. SWOREN, HUSBAND AND WIFE„ BY DEED DATED JULY 31, 2007 AND RECORDED AUGUST 7, 2007 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 200730807, PAGE, GRANTED AND CONVEYED UNTO NICHOLAS SWOREN, SINGLE MAN. TAX MAP NO.: 40-12-0342-025. 1 s Page 1 of 5 UNITED TED STATES ` VaNPOSTAL SERVI CEO This Certificate o(MeNing provides evidence that mall has been presented to VSPSe for mailing. This form may be used for domestic and intematlonal mail. From: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 P%g, may, "MET HOWES 02 1M $ 01.150 0004282036 APR 0 7 2011 MAILED FROM ZIPCODE 0 7092 Mountainside, NJ 07092 XCP-146769/sde TEAM C To` CUMBERLAND COUNTY TAX CLAIM BUREAU Postmark Here Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 A PON /°ZM? • ` "Mcir a~oWes . ` 0 15 mo VIMPOSTAL UNI TED ST13TES SERVICE 02 IM o00 2820 36 o MAILED FROM ZIP s S r,•. r r. ia_aa??. . This certificate of MalNng provides evidence that mail has been presented to USPS• for mailing. This form maybe used for domestic and international mall. From: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 AI N fii ? Mountainside, NJ 07092 ?O XCP-146769/sde TEAM C To: COMMONWEALTH OF PENNSYLVANIA Post ark Here,," DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 G._...- S AS County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 POSTAL CERT OF MAILING: NOTICE TO LIEN HOLDERS Page 2 of 6 PVes PON •? L v? arrnty ttowr:s 02 Im $ 01e'f5n MAILED FROM ZIPCODE 0 7092 V.?-POSTAL UNITED ST1 SERVICE sru?a This Cartifcate of Malling pnovkles evidence that mall has been presented to USP5e for mailing, This form maybe used for domestic and international mail. From: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XCP-146769/sde TEAM C To! UNKNOWN TENANT OR TENANTS 144 Red Tank Road Boiling Springs, PA 17007 County of P.Q,: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 Postmark Here ? ? rsta? l? 'pawn SOVA UNI TED STATES POST/11 SERVICE _eeeer_isea?eeet.eer_err. ??oo. This Certificate of Melling provides evidence that mall has been presented to USPSe for mailing. This form may be used for domestic and international mall. From' Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XCP-146769/sde TEAM C TO: CUMBERLAND COUNTY ADULT PROBATION 1 Courthouse Square Carlisle, PA 17013 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 02,M $01.150 0004282036 AFAR 0 7 2011 MAILED FROM ZIP CODE 0 7092 S 0-7 4f %' POSTAL CERT OF MAILING: NOTICE TO LIEN HOLDERS 4yoPN. Page 3 of 5 Aww-&?` 'aa>,aaosv q.NEV BOWES 0 5 UNITED STATES ' 0004 82056 01712011 MAILED FROM ZIPCODE 0 70 92 V10 POSTAL SERVICEe This Certificate of =1ing provide evidence that mall has been presented to USPS" for mailing. This form maybe used for domestic and intemational mail. rrom: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XCP-146769/sde TEAM C To: MERS AS A NOMINEE FOR NOVASTAR MORTGAGE, INC Postmark Here PO Box 2026 Flint, MI 48501-2026 County of P.Q.: CUMBERLAND _ PS Form 3817, April 2007 PSN 7530.02-000-9065 pses 4.D ?s PFFNEe BO WEg NITEDSTATES Ce I?osrAL sERVIcEs 0 000'4282036 ?APRR07 751 i MA ILED FROM ZIP CODE 0 7092 ?.??This Certificate of Mailing provides evidence that mall has been presented to USPS" for mailing. This form may be used for domestic and international mad. From' Scott A. Dietterick Esquire c/o Zucker, Goldberg & Ackerman, LLC - 200 Sheffield Street, Suite 101 Mountainside , NJ 07092 XCP-146769/sde TEAM C ( To' MERS AS A NOMINEE FOR NOVASTAR MORTGAGE, INC. Postmar ere\\ 6200 Oak Tree Blvd,, 3rd Floor Independence, OH 44131 ?ti, County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 POSTAL CERT OF MAILING: NOTICE TO LIEN HOLDERS Page 4 of 5 UNITED ST12TES 02 ,M $01-150 r UUU4282036 APKul 201 V.?MPOSTAL SERVICEe MAILED FROM Zip CODE 07092 This Certificate of MaAin` provides evidence that mailhas been presented to USPS* for maatng. This form may be used for domestic and Internatlonal mall. From: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XCP-146769/sde TEAM C To: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Postmark Here Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES POSTAL SERVICE This Certificate of Mailing provides evidence that mall has been presented to USPS* for mating. This form ma and international mail. From: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 9 02 1M UUU4 8203-§,. APRU7 2011 UAnr-a#FW1W.?N CODE 07092 /?"1 HI IV S /?y? XCP-146769/sde TEAM C .. S T°` PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Postmark Here Dept. 280601 Harrisburg, PA 17128-0601 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530.02-000-9065 POSTAL CERT OF MAILING: NOTICE TO LIEN HOLDERS .7.1 Page 5 of 5 • 7 rase" MN" 6DYJES 02 IM 004282036 $A R O 715° 2011 UNITED STMES • 0 MAILED FROM ZiPCODE 07092 POST/J1. SER' frCEe This Certificate of Mailing provides evidence that mall has been presented to USPS• for mailing. This form may be used for domestic and international matl. Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XCP-146769/sde TEAM C To: UNKNOWN SPOUSE Postmark Here 144 Red Tank Road Boiling Springs, PA 17007 County of P.Q.; CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 ???-rr; Ihlu/0 ? a fI ? \? +i q ?\r,•,7 1?.• li Jn POSTAL CERT OF MAILING: NOTICE TO LIEN HOLDERS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA, CIVIL DIVISION Plaintiff, NO.: 10-7896 vs. Nicholas Sworen Defendant(s). PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: rnm -•c ' >C-11 Please mark the judgment filed at the above-captioned term and number satisfied without prejudice. t ' n' su ZUCKER, G pMG , LLC 1 , BY: Dated: June 8, 2011 Scott A. ie terick, Esquire; PA I.D. #55650 Kimberl . Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Levy, Esquire; PA I.D. #306799 Attorneys for Plaintiff XCP-146769/ka 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email : Office@zuckergoldberg.com OD P C aA R-'?? 0 3y? Zucker, Goldberg & Ackerman, 1A,C XCP-146769