HomeMy WebLinkAbout11-3947
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVA ?.
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US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CIVIL DIVISION N
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THE STRUCTURED ASSET SECURITIES CORPORATION r?C?t y. pie
MORTGAGE PASS-THROUGH CERTIFICATES, 2006- NO.: zC
EQ1,
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Q
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TYPE OF PLEADING
Plaintiff,
vs. CIVIL ACTION - COMPLAINT
IN MORTGAGE FORECLOSURE
KERRSIA SHEMORY
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
AGAI N5T YOU.
FILED ON BEHALF OF:
US Bank National Association, as Trustee for
the Structured Asset Securities Corporation
MortRaRe Pass-Throueh Certificates. 2006-
EQ1
COUNSEL OF RECORD FOR THIS PARTY:
I HEREBY CERTIFY THAT THE ADDRESS
OFTHE PLAINTIFF IS:
3476 STATEVIEW BLVD., FT. MILL, SC 29715
AND THE DEFENDANT
848 Erford Road
Enola. PA 17025
CERTIFICATE OF LOCATION
I HEREBY CERTIFY THAT THE LOCATION OF
THE REAL ESTATE AFFE CTED BY THIS LIEN IS
FF
ATTY FILE NO.: XCP 152590
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@zuckergoldberg.com
File No.: XCP- 152590/swo
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Zucker, Goldberg & Ackerman, LLC
XCP-152590
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-152590
16
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CIVIL DIVISION
THE STRUCTURED ASSET SECURITIES CORPORATION
MORTGAGE PASS-THROUGH CERTIFICATES, 2006- NO.:
EQ1,
Plaintiff,
vs.
Kerrsia Shemory
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-152590
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CIVIL DIVISION
THE STRUCTURED ASSET SECURITIES CORPORATION
MORTGAGE PASS-THROUGH CERTIFICATES, 2006- NO.:
EQ1,
Plaintiff,
vs.
Kerrsia Shemory
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 demanda o cualquier otra reclamacion o remedio solicitado por el demandante
puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero O
propiedad u otros derechos importantes para usted.
LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI LISTED NO TIENE UN
ABOGADO O 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 LAWYER REFERRAL
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (800) 990-9108
(717) 249-3166
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (800) 990-9108
(717) 249-3166
Zucker, Goldberg & Ackerman, LLC
XCP-152590
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CIVIL DIVISION
THE STRUCTURED ASSET SECURITIES CORPORATION
MORTGAGE PASS-THROUGH CERTIFICATES, 2006- NO.:
EQ1,
Plaintiff,
vs.
KERRSIA SHEMORY
Defendant.
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
And now comes US Bank National Association, as Trustee for the Structured Asset Securities
Corporation Mortgage Pass-Through Certificates, 2006-EQ1, by its attorneys, Zucker, Goldberg &
Ackerman, LLC, and files this Complaint in Mortgage Foreclosure as follows:
1. The Plaintiff is US Bank National Association, as Trustee for the Structured Asset
Securities Corporation Mortgage Pass-Through Certificates, 2006-EQ1, (hereinafter "plaintiff")
through its servicing agent AMERICA'S SERVICING COMPANY located at 3476 STATEVIEW BLVD., FT.
MILL, SC 29715.
2. The Defendant, Kerrsia Shemory, is an individual whose last known address is 848
Erford Road, Enola, PA 17025.
3. On or about May 4, 2006, Kerrsia Shemory executed a Note in favor of Equifirst
Corporation in the original principal amount of $101,000.00.
4. On or about May 4, 2006, as security for payment of the aforesaid Note, Kerrsia
Shemory, single woman made, executed and delivered to Mortgage Electronic Registration Systems,
Inc. as nominee for Equifirst Corporation a Mortgage in the original principal amount of $101,000.00
on the premises hereinafter described, with said Mortgage being recorded in the Office of the
Recorder of Deeds of Cumberland County on May 10, 2006, in Mortgage Book Volume 1950, Page
0872. A true and correct copy of said Mortgage containing a description of the premises subject to
said Mortgage is marked Exhibit "A", attached hereto and made a part hereof.
Zucker, Goldberg & Ackerman, LLC
XCP-152590
I
5. The Plaintiff is presently the legal owner of the mortgage which has been assigned to
Plaintiff or the assignment is in the process of formalization and to be recorded. The mortgage and
assignments, if any, are matters of public record and are incorporated herein by reference in
accordance with Pa. R.C.P. 1019(g).
6. The aforesaid Mortgage was amended and increased in principal amount of
$122,705.32 pursuant to a certain Modification Agreement by and between Wells Fargo Bank, N.A.
d/b/a America's Servicing Company, as servicer and Defendant, Kerrsia Shemory, recorded in the
Office of the Recorder of Deeds of Cumberland County on May 12, 2009 in Instrument #200915531.
The terms of said modification set forth the interest rate at 5.00% with a new monthly payment and
interest amount of $ 688.87 commencing May 1, 2009 and continuing thereon with the due date of
obligation June 1, 2036. A true and correct copy of said Modification Agreement is marked Exhibit B,
attached hereto and made a part hereof.
7. Kerrsia Shemory, a single woman is the record and real owner of the aforesaid
mortgaged premises.
8. 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.
9. On or about March 13, 2011, 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.
Zucker, Goldberg & Ackerman, LLC
XCP-152590
10. The amount due and owing Plaintiff by Defendant is as follows:
Principal $117,992.86
Interest through 04/18/2011 $4,207.90
Attorneys' Fees $1,250.00
Title Search $325.00
Complaint Filing Fee $ 92.00
Sheriff's Service Fee $ 100.00
Late Charges $ 62.46
Escrow (216.36)
Bad Check/NSF $ 20.00
Corporate Advance $ 105.00
Other $ 563.39
Total $124,502.25
plus interest on the principal sum ($117,992.86) at the rate of $ 16.16 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.
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of
$124,502.25, with interest thereon at the rate of $ 16.16 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-152590
BY
Dated: Apri, 2011 Scott A. Ashleigh L. Levy, Esquire; PA I.D. #306799
Attorneys for Plaintiff
XCP-152590/swo
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, RG & ACKERMAN, LLC
Die terick, Esquir PA I.D. #55650
I.D. #89705
Kimberly A. Bonner Esq r
Joel A. Ackerman, E e; e; PA IPA .D. #202729
'
Zucker, Goldberg & Ackerman, LLC
XCP-152590
EXHIBIT A
Zucker, Goldberg & Ackerman, LLC
XCP-152590
Prepared By:
Karen Cornwell
500 Forest Point Circle,
Charlotte, NC 28273
(704)625-4840
Return To:
EquiFirst Corporation
Attn: Collateral M
500 Forest Point Circle
Charlotte, NC 28273
(800)272-3477
Parcel Number:
09-17-104-40-58
Premises: 848 Erford Road, Enol a. PA
17025
RC-9ERT %. !'GLEri
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MORTGAGE
DEFINITIONS MIN 100200100096400514
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 Instrument" means this document, which is dated May 4. 2006
together with all Riders to this document. '
(B) "Borrower" is Kerrsi a Shemory, a Si ngle Woman
Borrower is the mortgagor under this Security Instrument.
(C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is
acting solely as a nominee for Lender and Lender's successors and assigns: BIERS is the mortgagee
under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an
address and telephone number of P.O. Box 2026, Flint MI 48501-2026, tel. (888) 679-MERS.
964005
PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS
(0-6A(PA) (0508) Form 3039 1101
Page 1 of 16 Initials:
VMP Mortgage Solutions, Inc. (800)521-7291
BKI95OPGO872
(D) "Lender" is Equi First Corporation
Lenderisa Corporation
organized and existing under the laws of North. Carolina
Lender's address is 500 Forest Point Circle, Charlotte, NC 28273
(E) "Note" means the promissory note signed by Borrower and dated May 4 . 2006
The Note states that Borrower owes Lender one hundred one thousand and 00/100
Dollars
(U.S. $ 101 .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 June 1 . 2036
(F) "Property" means the property that is described below under the heading "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.
(H) "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 Rider Condominium Rider 0 Second Home Rider
FJ Balloon Rider 0 Planned Unit Development Rider El 1-4 Family Rider
0 VA Rider Biweekly Payment Rider Other(s) [specify]
ARM Floor/ Prepay Rider
(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.
(d) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
(K) "Electronic Funds Transfer" 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 Items" 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 than insurance proceeds paid under the coverages described in Section 5) for: (i)
damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the
Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the
value and/or condition of the Property.
(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
the Loan.
(O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
964005
fniliels:
40-BAWAI (0508) Page z of 16 Form 3039 1101
BKI950PGO873
(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) 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) "Successor in Interest 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 Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ii) the performance 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 Lender and Lender's successors and assigns) and to the successors and
assigns of MFRS, the following described property located in the County [Type of Recording Jurisdiction]
of Cumberland [Name of Recording Jurisdiction]:
See Attached Exhibit A
which currently has the address of 848 E r f o r d Road
Enola
("Property Address"):
[Street]
[City], Pennsylvania 17025 [zip Code]
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements, appurtenances, and fixtures 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 title
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 successors and assigns) has the right: to exercise any
or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to
take any action required of Lender including, but not limited to, releasing and canceling this Security
Instrument.
9640,05
(0-8A(PA) to5oal
8K1950PGO874
wt als:
Page 3 of 16 Form 3039 1101
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to mortgage, grant and convey 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 encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform 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.
Borrower shall 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 3. 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 Lender as payment under the Note or this
Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments
due under the Note and this Security Instrument be made in one or more of the following forms, as
selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or
cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a
federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at
such other location as may be designated by Lender in accordance with the 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. Lender may accept any payment or partial payment insufficient to bring the Loan
current, without waiver of any rights hereunder or prejudice to its rights to refuse such 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 pay
interest on unapplied funds. Lender may hold such unapplied funds until Borrower snakes 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 future against Lender shall relieve Borrower from making payments due under
the Note and this Security Instrument or performing the covenants and agreements secured by this Security
Instrument.
2. 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
due 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 outstanding, Lender may apply any payment received
from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment
964005
hitlals:
40-6A(PA) (o5os) Page4 of 16 Form 3039 1101
BK195.OPGO875
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 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 or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender 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 Instrument 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 Lender in lieu of the payment of Mortgage
Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow
Items." At origination or at any time during the term of the Loan, Lender may require that 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 Lender all notices of amounts to
be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives
Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower'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 fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9
and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such
amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in
accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in
such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply
the Funds at the time specified under 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 Lender 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
964005
Initials: fg?s
40-6A(PA) (0508) Page s or 16 Fonn 3039 1101
OK I950P6u876
shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the
Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to
Borrower for the excess funds in accordance with RE-SPA. If there is a shortage of 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 shortage in accordance with RESPA, but in no more than 12
monthly payments. If there is a deficiency of 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 accordance with 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.
4. Charges; Liens. Borrower shall pay all taxes, -assessments, charges, fines, and impositions
attributable to the Property which can attain priority over this Security Instrument, leasehold payments or
ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To
the extent that these items are Escrow Items, Borrower shall pay them in the manner 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 Lender, but only so long as Borrower is performing 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 Lender determines that any part of the Property is subject to a lien
which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying 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 4.
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 fire, hazards included within the term "extended coverage," and any
other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance.
This insurance shall be maintained in the amounts (including deductible levels) and for the periods that
Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of
the Loan. The insurance carrier providing the insurance 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 certification services and subsequent charges each time remappings or similar changes occur which
reasonably might affect such determination or certification. Borrower shall also be responsible for the
payment of any fees imposed by the Federal Emergency Management Agency in connection with the
review of any flood zone determination resulting from an objection by Borrower.
964005
40-6A(PA) (0508) Page s of 16
Initials:
Form 3039 1101
OKI95OPGO877,
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. Therefore, such 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 secured 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.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's
right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as
mortgagee and/or as an 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. If Borrower obtains any form of insurance coverage, not otherwise required by Lender,
for damage to, or destruction of, the Property, such policy shall include a standard mortgage 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
may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree
in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall
be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and
Lender's security is not lessened. During such repair and restoration period, Lendcr 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. Fees for public adjusters, or other third parties, retained by
Borrower shall not be paid out of the insurance proceeds and shall be the sole 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 any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in
Section 2.
If 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 Lender acquires the Property 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 policies 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.
964005 vcc Initials: 40-6A(PA) (o5o8) Page 7 of is Form 3039 1/01
m
V 1.9aOPG.0878.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after the execution of this Security Instrument and shall continue to occupy the
Property as Borrower's principal residence for at least 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; Inspections. 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 5 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 restoring 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 payments as the work is completed. If the insurance or condemnation proceeds are not sufficient
to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of
such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default ill, 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 Property and Rights Under this Security Instrument. If
(a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there
is a legal proceeding that might significantly affect Leader's interest in the Property and/or rights under
this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or
regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is
reasonable or appropriate to protect Lender'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 a lien
which has 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 Lender 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.
964005
Ntials: '?
(a-6A(PA) (0508) Page 11 of 16 I Form 3039 1141
3K 1950PGO879_.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the Note rate from the 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. 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 ceased to be in effect. Lender will accept, use and retain these
payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be
non-refundable, 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. Lender can no longer require loss
reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires)
provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires
separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage
Insurance as a condition of making the Loan and Borrower was required to make separately designated
payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to
maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's
requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and
Lender providing for such termination or until termination is required by Applicable Law. Nothing in this
Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (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 the 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 purchaser of the Note, another insurer, any reinsurer,
any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that
derive from (or might 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 affiliate 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 will not entitle Borrower to any refund.
964005
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(0-6A(PA)(0508) Page9 of 18 Form 3039 1/01
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(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 1998 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 Insurance terminated automatically, and/or to receive a
refund of any Mortgage Insurance prentiunts that were unearned at the 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.
During 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 progress payments as the work is
completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such
Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such
Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would
be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security 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 secured by this Security Instrument, whether or not theft 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 this Security Instrument immediately before the partial
taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the 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 sums secured immediately before the
partial taking, destruction, or loss in value divided by (b) the fair market value of the Property
immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is less than the
amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless
Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums
secured by this Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the
Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages,
Borrower fails 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 or repair of the Property or to the
sums secured by this Security instrument, whether or not then due. "Opposing 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 in default if any action or proceeding, whether civil or criminal, is begun that, in
Lender's judgment, could result in 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
acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be
964005
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(0-6A(PA) (0508) Page 10 or 16 Form 3039 1101
SK ! 95OPGO88 I.
dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material
impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of
any award or claim for damages that are attributable to the impairment of Lender's interest in the Property
are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be
applied in the order provided for in Section 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 Interest of Borrower shall not operate to release the liability of Borrower
or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against
any Successor in Interest of Borrower or to refuse to extend time for payment 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.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants
and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who
co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this
Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the
terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security
Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or
make 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 Lender, shall obtain
all of Borrower's rights and benefits under this Security 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 bind (except as provided in
Section 20) and benefit the successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this
Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees.
In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific
fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge
fees that are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so
that the interest or other loan charges collected or to be collected in connection with the Loan exceed the
permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the
charge to the permitted limit; and (b) any sums already collected from Borrower 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 overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument
must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to
964005
IrAlais:
-6A(PA) (osoa) Page 11 of 16 Form 3039 1(01
SK ! 95QPGO882.
have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's
notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers
unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address
unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly
notify Lender of Borrower's change of address. 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 mail to Lender's address
stated herein unless Lender has designated another address by notice to Borrower. Any notice in
connection with this Security Instrument shall not be deemed to have been given to Lender until actually
received by Lender. If any notice required by this Security Instrument is also required under Applicable
Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security
Instrument.
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be
governed by federal law and the law of the jurisdiction in which the Property is located. All rights and
obligations contained in this Security 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 shall not be construed as a prohibition against agreement by contract. In
the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable
Law, such conflict shall not affect other provisions of this Security Instrument or the-Note which can be
given effect without the conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean 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 "may" gives sole discretion without any obligation to
take any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property 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 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,
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 by this Security
Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by
Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of 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 must pay all sums secured by this Security Instrument. If Borrower fails to pay
these sums prior to the expiration of this period, Lender may invoke any 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 in
this Security instrument; (b) such other period as,Applicable 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 under this Security
Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or
964005
,?p? Initials:
(0-6A(PA) (0508) Page 12 or is Form 3039 1101
a
BKI95OP60883
agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited
to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the
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 sums 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; (c)
certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon
an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic
Funds Transfer. Upon reinstatement by Borrower, this Security 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 Section 18.
20. Sale of Note; Change of Loan Servicer; Notice of 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 in 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 is 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 made and any other information RESPA
requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is
serviced by a Loan 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 arises from the other party's actions pursuant to this
Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by
reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such
notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the
other party hereto a reasonable period after the giving of such notice to take corrective action. if
Applicable Law provides a time period which must elapse 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 18 shall be deemed to satisfy the notice and opportunity to take corrective
action provisions 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 herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials;
(b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection; (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.
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OKI95OPGO884
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any 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 Property (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 any 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 remediation
of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary
remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on
Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to
acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify
Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when
the default must be cured; and (d) that failure to cure the default as specified may result in
acceleration of tilt sums secured by this Security Instrument, foreclosure by judicial proceeding and
sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration
and the right to assert in the foreclosure proceeding the non-existence of a 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 iii .full of all sums secured by this Security Instrument
without further demand and may foreclose this Security Instrument by judicial proceeding. Lender
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 terminate and become void. After such occurrence, Lender shall discharge
and satisfy this Security Instrument. 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 of the fee is permitted under Applicable Law.
24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or
defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or
future laws providing for stay of execution, extension of time, exemption from attachment, 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 sheriffs sale or other sale pursuant to this 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 Note or in an action of mortgage foreclosure shall be the rate payable from time to time
under the Note.
964005
initials:
40-6A(PA) (0508) Page 14 of 16 Form 3039 1101
M
8KI9501GO885
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.
Witnesses:
964005
10-6A(PA) (osos)
m
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
H W'W'? (Seal)
Kerrsi a Shemory - mower
Page 15 or 16
_ (Seal)
-Borrower
_ (Seal)
-Borrower
_ (Seal)
-Borrower
_ (Seal)
-Borrower
Form 3039 1101
BK ! 95O GO886',
I
COMMONWEALTH OF PENNSYL AN1A, 4MOk'?
On this, the day of May. 2006
undersigned officer, personally appeared Ke r r s i a S h emo ry
County ss:
, before me, the
known to me (or
satisfactorily proven) to be the person(s) whose name(s) islare subscribed to the within instrument and
acknowledged that he/she/they executed the same for the purposes herein contained.
rN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires:
NOTAIM M AL
]AMTS A. MILLER, Notary RM
CLnp Hill Boro, CumWand County
Cone doW B#U.Aplil 30, 2M
CertiI cate lyw nTl // /L 4
do hereby certify that
the correct ddress of the within-named Mortgagee is P.O. Box 2026, Flint, MI 48501-2026.
Witness my hand this 4th
964005
-6A(PA) (0506)
m
dayof May. 2006
8KI950PG0887*
Iniliais:
is
t:? Form 3039 1101
Page 16 of 16 ?
,
SCHEDULE C
Legal Description
Commitment Number: G1106-1106REP
ALL THAT CERTAIN piece or parcel of land with the buildings and improvements thereon erected situate in the
Township of East Pennsboro, Cumberland County, Pennsylvania, more particularly bounded and described
according to a survey made by Ernest J. Walker, Professional Engineer dated January 14, 1980, as follows, to
wit:
BEGINNING at a point on the southern line of Erford Road at the line dividing Lots Nos. 15 adn 15x on the
hereinafter mentioned Plan of Lots; said point being measured 329.71 feet to right of way line of David Drive;
thence along the southern line of Erford Road by an arc curving to the left having a radius of 185 feet, an arc
distance of 29.33 feet to a point; thence south 00 10' west 198.33 feet to a point; thence north 460 50' west 87.25
feet to the line dividing Lots Nos. 15 and 15x; thence along the said line north 13° 50' east 147.65 feet to the point
of BEGINNING.
BEING Lot No. 15x on Plan No. 18 of Ridley Park as recorded in Cumberland County Recorder's Office in Plan
Book 21, Page 97.
HAVING thereon erected a dwelling house numbered 848 Erford Road.
UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and rights of way of
record.
I Certify this to be recorded
In Cumberland County PA
STEWART TITTLE
GUARANTY COMPANY
8K1950PGO89[
EXHIBIT B
Zucker, Goldberg & Ackerman, LLC
XCP-152590
ASCIP?.
?VIO.C"t Jf•ri.?f CO-r-
- Rd-Mrl Op-ii-
P Q BOX 101"
Us Maned U 7D706A7ff
LOAN MODIFICATION AGREEMENT
LOAN NUMBER: 1100208977
THIS LOAN MODIFICATION AGREEMENT made on March 09, 2009, by and
between KERRSIA SHEMORY and
(the "Borrower(s)") and America's Servicing Company ("Wells Fargo
Bank, N.A. doing business as America's Servicing Company }
W I T N E S S E T H
WHEREAS, Borrower has requested, and America's Servicing Company
has agreed, subject to the following terms and conditions, to a
modification of the note as follows:
NOW THEREFORE, in consideration of the covenants hereinafter set forth
and of other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged by the parties, it is agreed as follows
(notwithstanding anything to the contrary contained in the Note and
Mortgage):
1. BALANCE. As of March 09, 2009, the amount payable under the Note and
Mortgage (the "Unpaid Principal Balance") is U.S. $ 100,194.68.
2. EXTENSION. This agreement hereby modifies the following terms of the
Note and Security Instrument described herein above as follows:
A. The current due date has been extended from 09-01-07
to 05/01/2009.
B. The maturity date has been extended from 06-36
I to 06/01/2036.
C. The amount of interest to be capitalized will be U.S. $15,363.12.
The modified unpaid principal balance is U.S. $120,BB1.54.
D. The borrower promises to pay the unpaid principal balance plus
interest, to the order of the Lender. Interest will be charged on
the unpaid principal balance of U.S. $ 120,881.54. The borrower
promises to make monthly payments of principal and interest of
U.S. $ 678.64, at a fixed yearly rate of 5.000%, not
including any escrow'deposit, if applicable. If on the maturity
date the borrower still owes amount under the Note and Security
Instrument, as amended by this Agreement, borrower will pay these
amount in full on the maturity date.
3. NOTE AND MORTGAGE. Nothing in this Agreement shall be understood or
construed to be a satisfaction or release, in whole or in part of the
Borrower's obligations under the Note or Mortgage. Further, except as
otherwise specifically provided in this Agreement, the Note and
Mortgage will remain unchanged, and borrower and
America's Servicing Company will be bound by, and shall
comply with, all of the terms and provisions thereof, as amended by
this Agreement.
LC375/E7H/Page 1
Loan Modification Agreement
Page 2 of 2
Loan Number 1100208977
CORRECTION AGREEMENT. The undersigned borrower(s), for and in
consideration of the approval, closing and funding of this modification,
hereby grants America's Servicing Company, as lender, limited power
of attorney to correct and/or initial all typographical or clerical
errors discovered in the Modification Agreement required to be signed.
In the event this limited power of attorney is exercised, the
undersigned will be notified-and receive a copy of the document executed
or initialed on their behalf. This provision may not be used .to modify
the interest rate, modify the term, modify the outstanding principal
balance or modify the undersigned's monthly principal and interest
payments as modified by this agreement. Any of these specified changes
must be executed directly by the undersigned. This limited power of
attorney shall automatically terminate in 120 days from the closing
date of the undersigned's Modification._ (Borrower Initial)
By signing this Agreement I hereby consent to being contacted concerning
this loan at any cellular or mobile telephone number I may have. This
includes text messages, at no cost to me, and telephone calls including
the use of automated dialing systems to contact my cellular or mobile
telephone.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
as the date first above written.
--, I 64UR
o rower/Date Borrower/Date
Borrower/Date Borrower/Date
as Servicing Company (the "Lender")
Americ'
LC375/E7H/Page 2
007
PREPARED BY:
VANNAPHASOUNRAJ
WELLS FARGO BANK,
N.A.. MBIA AMERICA'S SERVICING COMPANY
3176 STATEVIEW BLVD, MAC# X7601.03K
FORT MILL, SOVni CAROLINA 39713
RECORD AND RETURN TO:
i FIRST AMERICAN TITLE
P.O. BOX 27670
SANTA ANA, CA 92799-7670
ATTN: LMTS
Phone:
Parcel No. 09-17-1044-058
Space Above This Line for Recording Datal
Original Recorded Date: MAY 10, 2006
Original Principal Amount: S 101,000.00 Fannie Mae Loan No.: 120986781
Loan No.: 1100208977
LOAN MODIFICATION AGREEMENT
(Providing for Fixed Interest Rate)
This Loan Modification Agreement ("Agreement"), made this 9TH day of MARCH, 2009
between KERRSIA SHEMORY '
("Borrower") and WELLS FARGO BANK, N.A., D/B/A AMERICA'S SERVICING COMPANY
("Lender"),
amends and supplements (1) the Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), and
Timely Payment Rewards Rider, if any, dated MAY 4, 2006
Book or Liber 1950, at page(s) 872 and recorded in
of the Official Records of
CUMBERLAND COUNTY, PENNSYLVANIA (Name of Records)
and (2) the Note bearing the some date as, and
(County and State, or other}urisdiction)
secured by, the Security instrument, which covers the real and personal property described in the Security
Instrument and defined therein as the "Property", located at
848 ERFORD ROAD, ENOLA, PENNSYLVANIA 17025
(Property Address)
the real property described being set forth as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF;
LOAN MODIFICATION AGREEMENT-Single Family. Fannie Mae Uniform Instrument Form 3179 1101 (rev. 01109)
First American Loan Production Services (Pov !'f S)
First American Real Estate Solutions LLC PENNSYLVANIA
FALPSM PAFM3179 Rev. 02-06-09
1100208977
In consideration of the mutual promises and agreements exchanged, the parties hereto agree
as follows (notwithstanding anything to the contrary contained in the Note or Security Instrument):
1. As of APRIL 1, 2009 , the amount payable under the Note and the Security Instrument
(the "Unpaid Principal Balance") is U.S. $ 120,881.54 consisting of the unpaid amount(s)
loaned to Borrower by Lender plus any interest and other amounts capitalized.
2. Borrower promises to pay the Unpaid Principal Balance, plus interest, to the order of Lender.
Interest will be charged on the Unpaid Principal Balance at the yearly rate of 5.000 %, from
APRIL 1, 2009 . Borrower promises to make monthly payments of principal and
interest of U.S. $ 678.64 , beginning on the 1ST day of MAY, 2009 , and
continuing thereafter on the same day of each succeeding month until principal and interest
are paid in full. The yearly rate of 5.000 % will remain in effect until principal and interest
are paid in full. If on JUNE 01, 2036 (the "Maturity Date"), Borrower still owes
amounts under the Note and the Security Instrument, as amended by this Agreement, Borrower will
pay these amounts in full on the Maturity Date.
3. 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 by the Security Instrument.
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 delivered or mailed
within which Borrower must pay all sums secured by the Security Instrument. If Borrower
fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies
permitted by the Security Instrument without further notice or demand on Borrower.
4. Borrower also will comply with all other covenants, agreements, and requirements of the Security
Instrument, including without limitation, Borrower's covenants and agreements to make all
payments of taxes, insurance premiums, assessments, escrow items, impounds, and all other
payments that Borrower is obligated to make under the Security Instrument; however, the
following terms and provisions are forever canceled, null and void, as of the date specified in
paragraph No. I above:
(a) all terms and provisions of the Note and Security Instrument (if any) providing for,
implementing, or relating to, any change or adjustment in the rate of interest payable
under the Note, including, where applicable, the Timely Payment Rewards rate reduction,
as described in paragraph 1 of the Timely Payment Rewards Addendum to Note and
paragraph A.I. of the Timely Payment Rewards Rider. By executing this Agreement,
Borrower waives any Timely Payment Rewards rate reduction to which Borrower may
have otherwise been entitled; and
(b) all terms and provisions of any adjustable rate rider, or Timely Payment Rewards Rider,
where applicable, or other instrument or document that is affixed to, wholly or partially
incorporated into, or is part of, the Note or Security Instrument and that contains any such
terms and provisions as those referred to in (a) above.
LOAN MODIFICATION AGREEMENT - Single Family - Fannie Mae Uniform Instrument Form 3179 1/01 (rev- 01101) (Page 2 of 5)
First American Loan Production Services PENNSYLVANIA
First Amencan Real Fwate Solutions LLC
FALPSM PAFM3179-2 Rev. 02406-09
1100208977
5. Borrower understands and agrees that:
(a) All the rights and remedies, stipulations, and conditions contained in the Security
instrument relating to default in the making of payments under the Security Instrument
shall also apply to default in the making of the modified payments hereunder.
(b) All covenants, agreements, stipulations, and conditions in the Note and Security instrument
shall be and remain in full force and effect, except as herein modified, and none of the
Borrower's obligations or liabilities under the Note and Security Instrument shall be
diminished or released by any provisions hereof, nor shall this Agreement in any way impair,
diminish, or affect any of Lender's rights under or remedies on the Note and Security
Instrument, whether such rights or remedies arise thereunder or by operation of law. Also,
all rights of recourse to which Lender is presently entitled against any property or any other
persons in any way obligated for, or liable on, the Note and Security Instrument are
expressly reserved by Lender.
(c) Nothing in this Agreement shall be understood or construed to be a satisfaction or release
in whole or in part of the Note and Security Instrument.
(d) All costs and expenses incurred by Lender in connection with this Agreement, including
recording fees, title examination, and attorney's fees, shall be paid by the Borrower and
shall be secured by the Security Instrument, unless stipulated otherwise by Lender.
(e) Borrower agrees to make and execute such other documents or papers as may be necessary
or required to effectuate the terms and conditions of this Agreement which, if approved and
accepted by Lender, shall bind and inure to the heirs, executors, administrators, and assigns
of the Borrower.
6. This Agreement modifies an obligation secured by an existing security instrument recorded in
CUMBERLAND County, PENNSYLVANIA , upon which all recordation taxes
have been paid. As of the date of this Agreement, the unpaid principal balance of the original
obligation secured by the existing security instrument is S 100,194.68 . The principal balance
secured by the existing security instrument as a result of this Agreement is $ 120,881.54 ,
which amount represents the excess of the unpaid principal balance of this original obligation.
LOAN MODIFICATION AGREEMENT. Single Family- Fannie Mae Uniform instrument Form 3179 1101 (rev. 01109) (range 3 2(5)
First American Loan Production Services PENNSVI.VANIA
First American Real Estate Solutions LLC
FALPSM PAFM3179-3 Rev. 02-0"9
1100208977
WELLS FARGO BANK, N.A., D/B/A AMERICA'S SERVICING COMPANY
(Seal)
Name: -Lender
Its:
hwa'?WW3WM (Seal)
Borrower
(Seal)
Borrower
(Seal)
- Borrower
(Seal)
- Borrower
(Seal)
Borrower
(Seal)
- Borrower
LOAN MODIFICATION AGREEMENT- Single Family - Fannie Mac Unifurm Instrument Form 7179 1101 (rev. 01/09) (page 4 00)
First American Loan Production Services PENNSYLVANIA
First American Real Estate Solutions LLC
FALPSN PAFM3179.4 Rev. 02.06-09
1100208977
[Space Below This Line For Acknowledgment)
BORROWER ACKNOWLEDGMENT 1
STATE OF PENNSYLVANIA COUNTY 0_U nj 6 rtOtri)±
On this, the _c2aday of r-C , before me, the undersigned officer, personally appeared
KERRSIA SHEMORY
known to me (or satisfactoril proven) to be the person whose name subscribed to the within instrument
and acknowledged that 4he. executed the same for the purposes herein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official sea
My commission expires:
COMMONWEALTH OF PENNSYLVANIA
Notarial a" CI v44?
Michael J. Pykosh, Notary Public Title of Officer
Camp Hip Bolo, CumbeAand County
My Commission Expire, March 2./, 2010
Member, Penrta pssoClWM ENDER ACKNOWLEDGMENT
STATE OF COUNTY
The foregoing instrument was acknowledged before me this by
the
of
a on behalf of said entity.
Signature of Person Taking Acknowledgment
Printed Name
Title or Rank
Serial Number, if any
CERTIFICATE OF RESIDENCE
I do hereby certify that the precise address of the within name mortgagee is
WELLS FARGO BANK, N.A., D/B/A AMERICA'S SERVICING COMPANY
3476 STATEVIEW BLVD, MACH X7801-03K
FORT MILL, SOUTH CAROLINA 29715
By:
Name:
Title:
LOAN MODIFICATION AGREEMENT- Single Family - Fannie Mae Uniform instrument Form 31791/01 (rev. 01/09) (page 3 „f3)
Fim American Loan Production Services PENNSYLVANIA
First American Real Estate Solutions LLC
FALPSR PAFM3179.5 Rev. 02.06.09
EXHIBIT A
BORROWER(S): KERRSIA SHEMORY
LOAN NUMBER: 1100208977
LEGAL DESCRIPTION:
ALL THAT CERTAIN PIECE OR PARCEL OF LAND WITH THE BUILDINGS
AND IMPROVEMENTS THEREON ERECTED SITUATE IN THE TOWNSHIP OF
EAST PENNSBORO, CUMBERLAND COUNTY, PENNSYLVANIA, MORE
PARTICULARLY BOUNDED AND DESCRIBED ACCORDING TO A SURVEY MADE
BY ERNEST J. WALKER, PROFESSIONAL ENGINEER DATED JANUARY 14,
1980, AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE SOUTHERN
LINE OF ERFORD ROAD AT THE LINE DIVIDING LOTS NOS. 15 AND ISX
ON THE HEREINAFTER MENTIONED PLAN OF LOTS; SAID POINT BEING
MEASURED 329.71 FEET TO RIGHT O WAY LINE OF DAVID DRIVE;
THENCE ALONG THE SOUTHERN LINE OF ERFORD ROAD BY AN ARC
CURVING TO THE LEFT HAVING A RADIUS OF 185 FEET, AN ARC
DISTANCE OF 29.33 FEET TO A POINT; THENCE SOUTH 0' 10' WEST
198.33 FEET TO A POINT; THENCE NORTH 46' 50' WEST 87.25 FEET
TO THE LINE DIVIDING LOTS NOS. 15 AND 15X; THENCE ALONG THE
SAID LINE NORTH 13' 50' EAST 147.65 FEET TO THE POINT OF
BEGINNING. BEING LOT NO. 15X ON PLAN NO. 18 OF RIDLEY PARK AS
RECORDED IN CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN BOOK
21, PAGE 97.
ALSO KNOWN AS: 848 ERFORD ROAD, ENOLA, PENNSYLVANIA 17025
FANDA EXHIBIT.A Rev. 07-03-07
Date: APRIL 1, 2009
Loan Number: 1100208977
Lender: WELLS FARGO BANK, N.A., DIWA AMERICA'S SERVICING COMPANY
Borrower: KERRSIA SHEMORY
Property Address: 848 ERFORD ROAD
ENOLA, PENNSYLVANIA 17025
NOTICE OF NO ORAL AGREEMENTS
THIS WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL ACREEMENT BETWEEN THE
PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS
OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES.
THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
Receipt of Notice. The undersigned hereby admit to having each received and read a copy of this Notice on or before
execution of the Loan Agreement. "Loan Agreement" means one or more promises, promissory notes, agreements,
undertakings, security agreements, deeds of trust or other documents, or commitments, or any combination of those
actions or documents, pursuant to which a financial institution loans or delays repayment of or agrees to loan or delay
repayment of money, goods or any other thing ofvalue or to otherwise extend credit or make a financial accommodation.
KERRSIA SHEMORY
Borrower
Date
Borrower
Date
Borrower
Date
Borrower
Date
Borrower
Date
First American Loan Production Services
02006 First American Real Estate Solutions LLC Notice of No Oral Agreements
FALPSN FAND033 Rev. 12-10.08
Date: APRIL 1, 2009
Loan Number: 1100208977
Lender: WELLS FARGO BANK, N.A., DB/A AMERICA'S SERVICING COMPANY
Borrower: KERRSIA SHEMORY
Property Address: 848 ERFORD ROAD
ENOLA, PENNSYLVANIA 17025
ERRORS AND OMISSIONS
COMPLIANCE AGREEMENT
In consideration of WELLS FARGO BANK, N.A., DB/A AMERICA'S SERVICING COMPANY
(the "Lender") agreeing to modify the referenced loan (the "Loan") to the Borrower, the Borrower agrees that if
requested by the Lender, the Borrower will correct, or cooperate in the correction of, any clerical errors made in any
document or agreement entered into in connection with the modification of the Loan, if deemed necessary or desirable
in the reasonable discretion of the Lender, to enable Lender to sell, convey, seek guaranty or market the Loan to any
entity, including without limitation, the Federal National Mortgage Association, the Federal Home Loan Mortgage
Corporation, the Government National Mortgage Association, the Federal Housing Authority, the Department of
Veterans Affairs or any municipal bond authority.
The Borrower agrees to comply with all such requests made by the Lender within 30 days of receipt of written request
from the Lender. Borrower agrees to assume all costs that maybe incurred by the Lender, including without limitation.
actual expenses, legal fees and marketing losses, as a result of the Borrower's failure to comply with all such requests
within such 30 day time period.
The Borrower makes this agreement in order to assure that the documents and agreements executed in connection with
the modification of the Loan will conform to and be acceptable in the marketplace in the event the Loan is transferred,
conveyed, guaranteed or marketed by the Lender.
Date
Date
Date
Date
Date
Date
First American Loan Production Services
02008 First American Real Estate Solutions LLC Errors and Omissions Compliance Agreement
FALPSH FAND034 Rev, 12-10-08
VERIFICATION
I V l IIQQ (f Esquire rl..? hereby states that he is attorney for US Bank National
Associati n, as Trustee for the Structured Asset Securities Corporation Mortgage Pass-Through
Certificates, 2006-EQ1 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 he 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 his 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 autboritipr
Dated: n
Scott A. Di tteri , Esquire; PA I.D..#55650
Kimberly A. o er, Esquire; PA I.D. #89705
Joel A. Ackerman, Esquire; PA I.D. #202729
Ashleigh L. Levy, Esquire; PA I.D. #306799
Attorneys for Plaintiff
Zucker, Goldberg & Ackerman, LLC
XCP-152590
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
US Bank National Association, as Trustee for the CIVIL DIVISION {'
3
Structured Asset Securities Corporation,
Mortgage Pass-Through Certificates, 2006-EQ1 NO.: 11-3947 i
t .?
Plaintiff,
vs. ,�
Kerrsia Shemory;
Defendant. G ^
.h
PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT(MORTGAGE FORECLOSURE)
TO: PROTHONOTARY
Please enter judgment, in mortgage foreclosure (in rem only), in the above-captioned case in favor of
Plaintiff and against Defendant's), for failure to file a response to Plaintiff's Complaint within the
appropriate time limits from service thereof, and assess Plaintiff's damages as set forth in Complaint:
Amount as set forth in Complaint $126,485.25
plus interest on the judgment amount($126,485.25)from April 19, 2011, at the statutory rate and for
foreclosure and sale of the mortgaged premises.
I hereby certify that the defendant's last known 848 Erford Road
address is: Enola, PA 17025
ZUCKER, GOLBERG &ACKERMAN, LLC
Dated:ll 1( BY: 0 A W M_
L
❑ Joe A. Acker an, Esquire; PA I.D.#202729
Ashleigh L. Marin, Esquire; PA I.D.#306799
Jaime R.Ackerman, Esquire; PA I.D. #311032
Attorneys for Plaintiff
XCP-152590
200 Sheffield Street, Suite 101
Mountainside, NJ 07092
(908) 233-8500; (908) 233-1390 FAX
Email: Office @zuckergoldberg.com
DAMAGES ARE H EBY ASSESSED AS INDICATED
T
_
Date ' ' 3
Prothonotary
O aN
��01i 4 � �
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
US Bank National Association, as Trustee for the CIVIL DIVISION
Structured Asset Securities Corporation,
Mortgage Pass-Through Certificates, 2006-EQ1 NO.: 11-3947
Plaintiff,
VS.
Kerrsia Shemory;
Defendant.
AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF
NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT
STATE OF NEW JERSEY
SS:
COUNTY OF UNION
I, the undersigned attorney for the plaintiff in the above action, being duly sworn according to
law, do hereby depose and say that the statements made herein are true in and correct to the best of
my knowledge, information, and that:
1) The Defendant is not in the military service of the United States of America to the best
of my knowledge, information and belief as evidenced by the attached copies;
2) The Notice of Intent to take Default Judgment was mailed in accordance with Pa. R.C.P.
237.1 and that the time limits provided for that notice have expired.
ZUCKER, GOLBERG &ACKERMAN, LLC
Dated: I f 1 BY:
111
Fl/Joel A. Ncl erman, Esquire; PA I.D.#202729
12 Ashleigh L. Marin, Esquire; PA I.D. #306799
❑ Jaime R.Ackerman, Esquire; PA I.D.#311032
Attorneys for Plaintiff
XCP-152590
200 Sheffield Street, Suite 101
Mountainside, NJ 07092
(908) 233-8500; (908) 233-1390 FAX
Email: Office @zuckergoldberg.com
Sworn to and subscribed before me
This 16'day of �/ , 20
Notary Public
My Commission Expires:
Cheryl Debeneadto Notary Public
My Comm. Expires Oct. 16, 2016
ID#2280276
State of New Jersey
Zucker,Goldberg&Ackerman, LLC
XCP-152590
-Department of Defense Manpower Data Center Results as of:NDv-14-2013 07:31:02
SCRA 3.0
StaMs Report
Pursuant to Serviclemembers Civil Relief Act,
Last Name: SHEMORY
First Name: KERRSIA
Middle Name:
Active Duty Status As Of: Nov-14-2013
On Active Duty On Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA No NA
This response reflects the IndhAduals'active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA No NA
This response reflects where the Individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
Order Notification Start Date Order Notification End Date Status Service Component
NA NA No NA
This response reflects whether the Individual or hWher unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY
ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY
IDENTIFY AN INDIVIDUAL.
Mary M.Snavely-Dixon,Director
Department of Defense-Manpower Data Center
4800 Mark Center Drive,Suite 04E25
Arlington,VA 22350
The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility
Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as
the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the
individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family
member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the
protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the
"defenselink.mil"URL:http://www.defenselink.mil/faq/pis/PC09SLDR,html. If you have evidence the person was on active duty for the active duty status
date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c).
This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active
Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active
duty on the Active Duty Status Date.
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less
than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service
authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the
President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the
unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve
Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S.
Public Health Service or the National Oceanic and Atmospheric Administration(NOAH Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be
reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1).
Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website
certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service.
Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not
actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA
extend beyond the last dates of active duty.
Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA
are protected
WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing
erroneous information will cause an erroneous certificate to be provided.
Certificate ID: T5081E99003FN00
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
US Bank National Association, as Trustee for the CIVIL DIVISION
Structured Asset Securities Corporation,
Mortgage Pass-Through Certificates, 2006-EQ1 NO.: 11-3947
Plaintiff,
VS.
Kerrsia Shemory;
Defendant.
NOTICE OF ORDER, DECREE OR JUDGMENT
TO: Kerrsia Shemory
848 Erford Road
Enola, PA 17025
[ ] Plaintiff
[V] Defendant
[ ] Additional Defendant
You are hereby notified that an Order, Decree or Judgment was entered in the above captioned
proceeding on �f1U �13 .
[ ] A copy of the Order or Decree is enclosed,
or
[V] The judgment is as follows: $126,485.25 plus S.
Pro onotary
Zucker,Goldberg&Ackerman, LLC
XCP-152590
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
US Bank National Association,as Trustee for the CIVIL DIVISION
Structured Asset Securities Corporation, Mortgage
Pass-Through Certificates, 2006-EQ1 NO.: 11-3947
Plaintiff,
vs.
Kerrsia Shemory
Defendant.
IMPORTANT NOTICE
TO: Kerrsia Shemory
848 Erford Road
Enola, PA 17025
DATE OF NOTICE: 10/30/2013
You are in default because you have failed to enter a written appearance personally or by attorney
and file in writing with the court your defenses or objections to the claims set forth again you. Unless
you act within Ten (10)days from the date of this notice, a judgment may be entered against you
without a hearing and you may lose your property or other important rights. You should take this
notice to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone
the following office to find out where you can get legal Help.
NOTICE TO DEFEND& LAWYER REFERRAL SERVICE
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
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
US Bank National Association,as Trustee for the CIVIL DIVISION
Structured Asset Securities Corporation, Mortgage
Pass-Through Certificates,2006-EQ1
NO.: 11-3947
Plaintiff,
VS.
Kerrsia Shemory
Defendant.
AVISO IMPORTANTE
TO: Kerrsia Shemory
848 Erford Road
Enola, PA 17025
FECHA DEL AVISO:10/30/2013
USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION
REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE
LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR
UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE
PERDER SU PROPIEDAD Y OTROS DERECHOS INIPORTANTES. USTED DEBE
LLEVAR ESTE DOCUMENTO INMEDIA.TANIENTE A SU ABOGADO. SI USTED NO
TIENTE UN ABOGADO 0 NO PUEDE PAGAR UNO, VAYA 0 LLANIE LA OFICINA
ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA
LEGAL.
NOTICE TO DEFEND &LAWYER REFERRAL SERVICE
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
BY: Scott A. D iebterick
Scott A. Dietterick,Esquire
Attorneys for Plaintiff
PA I.D. # 55650
200 Sheffield Street, Suite 301
P.D. Box 1024
Mountainside,NJ 07092-0024
(717) 533-3560
FIRST CLASS U.S. MAIL, POSTAGE PREPAID 152590
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
.Ronny R Anderson
Sheriff
of Qor6P��
Jody S Smith.
Chief Deputy
Richard W Stewart
Solicitor ovFs++ IFF
US Bank National Association Case Number
VS.
Kerrsia Shemory 2011-3947
S:HERWF'S;RETURR.O,F.SERNI.CE
05/05/2011 07:20 PM-:Noah Cline,Deputy 8heriff,who being dulyswom acoc.o ing to law,.states that on May 5,2011
at 1920 hours,he served a true copy of,the within Complaint in Mortgage Foreclosure,upon the within
named defendant,to wit:Kerrsia Shemory,by making known unto herself personally,at 848 Erford Road,
Enola,Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her
personalty the said true and correct:copy of the same.
NOAH CLINE,DEPUTY
SHERIFF COST:$43.00. SO ANSWERS,-
May 06,2011 KONIV R ANDERSON,SHERIFF
(c)CowtiSuite Sheriff,Teleosok Inc.