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HomeMy WebLinkAbout11-5954SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 LESLIE RASE, ESQ., ATTORNEY I.D. NO. 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-039246 US Bank Trust National Association, as Trustee for LSF7 NPL I Trust PLAINTIFF VS Kenneth W. Swartz 1122 Fernwood Avenue Camp Hill, PA 17011 Melissa M. Swartz 1122 Fernwood Avenue Camp Hill, PA 17011 DEFENDANTS NO. 78447 1 ii X11 Sul- 2-7 AM 10"13 . 7 • ? 3 C IT U J 1 Y COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: L - Sci ' bVi COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. (?D $ µ?, Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 LESLIE RASE, ESQ., ATTORNEY I.D. NO. 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-039246 US Bank Trust National Association, as COURT OF COMMON PLEAS Trustee for LSF7 NPL I Trust CIVIL DIVISION CUMBERLAND COUNTY PLAINTIFF NO: VS. Kenneth W. Swartz 1122 Fernwood Avenue Camp Hill, PA 17011 Melissa M. Swartz 1122 Fernwood Avenue Camp Hill, PA 17011 DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, US Bank Trust National Association, as Trustee for LSF7 NPL I Trust , the address of which is, c/o Vericrest Financial Inc., 715 S. Metropolitan Ave., Oklahoma City, Oklahoma 73108, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: Home Loan Investment Bank, FSB Mortgagor (s): Melissa M. Swartz and Kenneth W. Swartz (b) Date of Mortgage: July 31, 2007 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Document ID# 200731044 Date: August 8, 2007 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assignments: Assignor: Home Loan Investment Bank, FSB Assignee: Citimortgage, Inc. Date of Assignment: October 1, 2010 Recording Date: November 8, 2010 Instrument No.: 201032551 Assignor: Citimortgage, Inc. Assignee: LSF7 Bermuda NLP I Trust Date of Assignment: September 30, 2010 Recording Date: November 8, 2010 Instrument No.: 201032552 Assignor: LSF7 Bermuda NLP I Trust Assignee: US Bank Trust National Association, as Trustee for LSF7 NPL I Trust The Assignment is in the process of being formalized. 2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by operation of law. The real property which is subject to the Mortgage is generally known as 1122 Fernwood Avenue, Camp Hill, Pa 17011 and is more specifically described as attached as part of Exhibit "A": 4. Each Mortgagor named in paragraph 1 executed a note as evidence of the debt secured by the Mortgage (the "Note"). A true and correct copy of the Note is attached and marked as Exhibit "B". 5. The names and mailing addresses of the Defendants are: Kenneth W. Swartz, 1122 Fernwood Avenue, Camp Hill, PA 17011 Melissa M. Swartz, 1122 Fernwood Avenue, Camp Hill, PA 17011 6. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 7. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of April 4, 2010 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 8. The following amounts are due as of June 30, 2011: Principal Balance Due Interest Currently Due and Owing at 10% From March 4, 2010 through June 30, 2011 Uncollected Interest Escrow Advances Appraisal Fees Property Inspection Suspense/Unapplied Balance Title Fee Charges TOTAL $105,478.02 $13,946.49 $2,667.75 $1,976.14 $246.00 $21.50 ($86.36) $370.00 $124,619.54 9. Interest accrues at a per diem rate of $29.30 each day after June 30, 2011, that the debt remains unpaid, and Plaintiff may incur other expenses, costs and charges collectible under the Note and Mortgage. 10. In addition to the above amounts, reasonably incurred attorneys fees and costs as well as proof of title in conformity with the mortgage documents and Pennsylvania law, shall be sought by Plaintiff and included in any request for judgment. 11. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et seq., was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Copies of the material part of the Notice are attached hereto as Exhibit "C" in accordance with Pa.R.C.P. 1019(1). 12. Pursuant Pa.R.C.P. 1019(d), the Notice sent to the Defendant(s) contains the information required by the act of' March 14, 1978 (P.L. 11, No. 6), 41 P. S. § 403 et seq., and separate Notice of Intention to Foreclose is not required. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendants, jointly and severally, in the amount set forth in paragraphs 8 and 9, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. SHAPIRO & DeNARDO, LLC Date: 1 ?7'V BY: - Attorneys for Plaintiff S & D File No. 11-039246 ROBERT P. ZIEG EL RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Ins! c-nd Number-200731044 Roe e . On 818/2007 At 12.121:42 PM * lastr ent Type - MORTGAGE * TOE Pages -16 [nvot Number -1645 * User ID . RAK Mo 'Igor - SWARTZ, MELISSA M * Mort agee 'HOME LOAN INVESTMENT BANK * Custo or-ATM * FEES S7AT =T , TAX $0 50 STA , JCS/ACCESS TO . $10.00 Certification Page +7t7ST CE x CO 1RE ' zNC? FEES - $33..50 DO NOT DETACH CO ER or DEEDS AFFO CO ABLE HousING X ARCHIVES FEE $11.50 This page is now part ROD iffi ns nx $2.00 03 oa of this legal document TOT PAID . $60.50 . 1 Certify this to be recorded in Cumberland County pA RECORDER OF 1)6EDS ' - Information denoted by an oaterlsk may change during the verification process and may not be reflected on this page. 000?0Ttj E+ iibit'A" Ptpared By, S e, to bq ?T4 v I?Iome Loan Investment Bank, F,S.I3. ()*c Home Loan Plaza, Suite Three %Mck, Rhode Island 02996-1765 1-Ro0-223.1700 A or Recording Retum To: H c Loan Investment Bank, F.S.B. e Home Loan Plats, Suite 3 ck, Rhode island 02886.1765 1- 00-223-1700 Url Number. 13-24-0799-251 ISpaee Above Thh Line For Recording Data, MORTGAGE Loan Number ds used in multiple sections of this document are defined below and other words are defined in Sections 3, 13, 18, 20 and 21, Certain rules regarding the usage of words used in this document are also provided in on 16. "Security Instrument" means this document, which is dated JULY 31, 2007, together with ail Riders to s doeumenk `0 "Borrower" is MELISSA M SWARTZ and KENNETH W SWARTZ_ Borrower is the mortgagor er this Security Instrument. "Lender" is HOME LOAN INVESTMENT BANK, F,S.B„ under is a FEDERAL, SAYINGS BANK r anized and existing under the laws of THE UNITED STATES OF AMERICA. Lender's address is ONE ME LOAN PLAZA, SUITE 3, WARWICK, RHODE ISLAND 02886-1765, Lender is the mortgagee l5 r this Security Instrument "Note" means the pramissory note signed by Borrower and dated JULY 31, 2007. The Note states that rrowcr owes Lender ONE HUNDRED SEVEN THOUSAND ONE RUNDRED AND (10/190ths Dollars .S.S307,100.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to the debt in full not later than AUGUST 4, 2037. "Property" means the property that is described below under the heading "Transfer of Rights in the LPr erty "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due the Note, and all sums due under this Security Instrument, plus interest, ) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following lcrs are to be executed by Borrower [check box as applicable): 0 Adjustable Rate Rider O Condominium Rider O Second Home Rider O Balloon Rider 0Planned Unit Development Ender 00th s s eci U 1.4 Family Rider 0 Biweekly Payment Rider ) [ p 4'1 FomUyFannh rdae/Freddle toe UNIFOR li ltaMUiuE" Form 3039 1/01 OdRe f of m pag,,) ( ) "Applicable Lary" means all controlling applicable federal, state and local statutes, regulations, ordinances gri1 administrative rules and onleta (that have the eff ju icial opinions. ect of taw) as well as all applicable final, non-appealable (I "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other ab rges that are imposed on Borrower or the Property by a condominium association, homeowners association rr similar organization, "Electronic Funds Transfer" means any transfer of funds, other than a transaction it , or similar paper Instrument, which is Initiated through an electronic terminal, telephonic instru echeck, o rrputer, or magncdc tape so as 10 order, instruct, or authorize a financial institution to debit or credit an e 'aunt. Such term includes, but is not limited to, point-of-gale transfers, automated teller machine sections, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. "Escrow Ytems" means those items that are described in Section 3. "Miscellaneous Proceeds" means any compcesadon, settlement, award of dame , third party (other than insurance proceeds aid un ges, or proceeds paid by or destruction of, the Pro P ? the coverages described in Station S) for, (I) damage Ply; (ii) condemnation or other taking of all or any pare of the Property; . veyanee in lieu of condemnation; or (iv) misrepresentations of, or omissions 89 to, the value and/or dition ofthc Property. (iii) ) "Mortgage Insurance" means insurance protecting Lender against the nonpayment an, of, or default on, the "Periodic Payment" means the regularly scheduled amount due for (i) principal and Interest under the tr:, plus (it) any amounts under Section 3 of this Security Instrument. ) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C §2601 et seq,) and its plcmendng regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended fmm me additional or succeusur legislation or regulation that governs the same subject matter. hAs to time, or urity Instrument, "SPA" refers to all requirements and restrictions that are matter. in rugs this den, lly related mortgage loan" even if the Loan does not alr' „ imposed in regard to a SPA, qu fy as a federally related mortgage loan" under "Successor in Interest of Borrower" means any party that has taken title to the Prop", Pparty has assumed Borrowers obligations under the Note and/or this Security Instrumenwhether or not WSFER OF RIGIM IN THE PROPERTY Security Instrument securca to Lender (1) the repayment of the Loan, and all renewals, extensions and ifications of the Note; and (if) the performance of Borrower's covenants and a ument and the Note, For this purpose, Borrower d gmond co under this der th y wing described property located in the ° hereby mortgage, grant and convey to Lender the County of CillY!$ERLAND ATTACHED SCHEDULE A [Type of according Jurisdiction] [Name of Recording Jurisdictionj Fem?ly-Ftaata Ms Mreddh Mee UMFORM IMS'TRU,rtIrT Form 3039 1/91 01191 12 of 14 pages/ wr roc currently has the address of 1122 FERNWOOD AVE C P HILL Pennsylvania 17011 [Street] [City) [Zip Code] ("ftPerty Address"), TOGETHER WITH all the improvements now or hereafter erected on the property, .!p tut1ty,.. s, and fixtures now or hereafter a Part of the Property, All replacements and additions, tshalI also be Bred by this Security Instrument All of the foregoing aperty" is referred to in this Security Instrument as the BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the i ht to mortgage, grant and convey the Property n mbranees of record, Borrower warrants and will defend that the Property is unencumbered, demands, subject to a ens generally the title to the property except for m' umbrartcrs of rwoni. Ply against all claims THIS SECURITY INSTR NT combines uriffbrm covenants for national use and non-uniform eeanta with limited variations by jurisdiction to constitute a uniform security instrument covering reai rPcrtY UNIFORM COVENANTS, Borrower and Leader covenant and agree as follows; 1. Payment of principal, interest, Escrow Items, Prepayment Charges, Borrower If Pay when due the Principal of, and interest on, the debt evidenceby Late Charges, prepayment Res and late charges due under the Note. Borrower shall also a the Note and a etion 3, P Y funds for Escrow Items punoarrt to Payments due under the Note and this Scerui ?wever, if any check or other i ?' Inshumcnt shall be made in U.S, currency. wever is returned to Lender nstrumcut received by Lender as payment under the Note or this Security trument unpaid, Lender may require that any ar all suhsequent payments due under the to and this 5eourity Instrument ba medc in one or h; (b) money order, {s} certi$cd chec b morn of the following forms, as selected by Lander: (a) ck is drawn u a arils check, treasurer's check er cashier's check, pd any Po an institution whose deposits are insured by a federal agency, instrumentality, or en 1 sash Electronic Funds Transfer, Payments are do tY; or omed received by Lender when received at the location designated in the Nato or at such :r location es tray he designated b y bender in accordance with the notice provisions in Section IS. Lender return any Payment or partial payment if the payment or er?t. Lender may accept say Payment or partial a partial Payments are insufficient to bring the Loan 'er M of and rights hereunder or P yment insufficient to bring the Goan current, without 'e, but Lender is not obligated poJuapply dice soot's a ghts to refuse such payraent or partial payments in the e time suc rdic Payment is applied as of its scheduled due date, then Landerneed not pet' interest on un ? firnds?h V'WIA-4iagtr Fawlly-Faaate MAE/Freddie Mae UNIFORM iNS`rRt.VZl,T Form 3039 t/a, lP 3 ofl4P +1 L der may hold such una d is not do so within a P? d funds until Borrower mattes payment to braing the Loan current. If Borrower B Rower, If not noble period of time, Lender shall either pply such funds or rat= them to died earlier, such lirada will be applied to the outstanding principal balance under the Note i ediate[Y prior to foreclosure. No offact or claim which Burrower L der shall relieve Borrower from making might have now or in the nstru against po OrMing the covenants and agreements se payments due under the Note and this Security Instrument or Z• Application of pa cured by this Security Instrumont, c opted and a Gad yments or Proceeds. F,xctpt as otherwise described in this Section 2 all N PP by Lender shall be applied in the following order of priori payments (b) Principal due under the Note, ty: (a) laterest due under the ea h Periodic Payment charges, in the order in which it became due. Any remaining amounts shall be second to any other amounts due under this Security Instrument, and then to died first to be ante of the Note. If Lender receives a payment from Borrower for a delinquent Periodic payment which includes a sufficient 10 Pay any Into cbargc due, the payment may be applied to the dclurquent Payment and the late charge. m thanof one the Periodic Payment Payments is outstanding, Lender may apply a an3' P h repayment yment received from Borrower to ex ent, that if, and to the extent that, any excess exists alter the each Payment can be payment is applied to the full payment of one or more Perid in odicuPa To the su h excess may be applied to any late charges due. Voluntary Pr Payment charges and than as described in the Note. Prepayments shall be applied first co any l`? to tall pptlicatio Dorf Payments, insurance proceeds, or Miscellaneous principal extend 3. Funds for Escrow ]stems` the due date, or change the amount, of the pL?odicc p nts. due under the N te, until the Nate is paid in firths w shall pay to Lender on the day periodic Pa meals sare due . an 1 assessments and other items which s can um att(the ain n undds") to provide Security payment of amounts due for: (a) taxes an the Property; (b) leasehold a priority over this eUti% Instrument as a lien encumbrance in oraace required by Lender ents or etionground S?? ? the p'?°pe' if any; (c) Premiums for any and all pa able r Borrower to rider in tiro a the a (d) Mortgage lnaaranec premiums, if any, or any sums by Lender Of p visions of Section 10. These items are called payment of Mortgage insurance premiums in accordance with the of the Loan, Leader ma Escrow Itemss, At origination or at any time during the term es may require shat Community Association Dues, Fees, and Assessments, if any, be wed by Borrower, and such ch dues, tea; an fu 'sh to Leader all notices of amounts d assessments shall be as Escrow Item. Borrower shall promptly to be paid under this Section. Burrower shall pay Leader the Funds f Escrow Items uniass Lender waives Bannwer's obligation to pay the Funds for any or all Escrow Items. L L der may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time, An pa able, the amounts due for an In the event of suuh waiver, Borrower sball pay directs when Y an , l Lender requires amounts d shall y Escrow Items for which payment of Funds has y' and where der if , may re firrnish to Lender receipts evidencing such a been waived by Lender y qua. Borrower's obligation to make such P ymont within such time period all Pu sea be deemed to be a covenant and Payments and to provide receipts shah for nI P vce and agreement" is used in Section g, If agreement contained in this Security Instrumen to waiver, and Borrower fails to Borrower is obligated to pay Escrow 1 t+ as the phrase .c n 5t tion g pay the amount due for an Escrow Item toms directly, Pursuant su h amount. Lender may r may exercise its rights under and pay such amount and Borrower shall then be obligated sutler Section 9 to repay to Lender an c ord with Section 15 ev euthe waiver as to any or all Escrow Items at an time by y a notice ven in punts, that are then required under this 5 csuch tion 3ucation, Borrower shall pay to Lender all Funds and ran such Lender may, at any time, collect and hold Funds in an amount a Fu de at the time specified under () sufficient to crasit RESPA, and P Lender to apply the ) not to exceed the maximum amount it leader can require on or RESPA Lender shall estimate the amount of Funds due on the basis of current data and rcasonable es mates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. Es,aity-Fsanla hU-'jFradtne Arne UNIFORM INSTRUMENT Porm 3039 1/oI !pope a ojl4 p°l;u1 I The funds shall be held in an institution whose deposits arc insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits arc so insured) or in any Federal Rome L an Bank. Lender shall apply the Funds to pay the Facmw Items no later than the time specified under SPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow a -aunt, or verifying the Escrow Items, unless Lender pays Borrower Interest on the Funds and Applicable Law P its Lender to matte suob a charge, Unless an agreement is made in writing or Applicable Law requires in emst to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the F ds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender sh li give to Borrower, without charge, an annual accounting of the Fends as required by RESRk If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower fo the excess fords in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined u Jar RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the a aunt neca5sary to make up Ike shortage in accordance with RESPA, but in no more than 12 monthly p ments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify B newer as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the d rcieacy 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 B rrower any Funds held by Lender, 4. Charges; Liens. Borrower shall pay all tacos, assessments, charges, Fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on t6 Property, if any, and Community Association Dues, Fees, and Assessments, If any. To the extent that these it s arc 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 B rrower; (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to L rider, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or d cads against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the c on;emeat of the Lien while those proceedings are pending, but only until such proceedings are concluded; or (c secures from the holder of the lieu as agreement satisfactory to Lender subordinating the lien to this Security In trumcut. If Lender determines that any part of the Property is subject to a lien which can attain priority over th s Security fastrument, Leader may give Borrower a notice identifying the lien. Within il) days of the date o 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 se ice used by Lcudcr in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Pr petty insured against loss by fro, hazards included within the term "extended coverage," and any other h ds including, but not limited to, earthquakes and floods, for which Lender requires insurance. This irr uranee shall be maintained in the amounts (including deductible levels) and for the periods that Lender re wires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. e insurance carrier providing the insurance shall be chosen by Pormwer subject to Lender's right to di approve 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 an J tracking services; or (b) a one-time charge for flood zone determination and oertification services and su equent charges each time Mappings or similar changes occur which reasonably might affect such de crmination or ce?oation. Borrower shall also be responsible for the payment of any foes imposed by the F oral Emergency Management Agency in connection witb the review of any flood zone determination r ulting from an objection by Borrower. Famtlq-Faaale Mae/Freddte Mao UNIFOR..Nf INSTRu.NUKT Form 3039 1/01 ('page S ojld pages) If Borrower fails to maintain any of the at Lender's option and Borrower's coverages described above, Lender may obtain Insurance coverage, expense a cunt Lender is under no obligation to purchase as of coverage. Therefore, such coverage shall cover Lander, but might or might not mot protect B°rtrower, B over's equity to the PMP", or the contents of the Property, against any risk, hazard or Iit and Bore rn bt provide greater ar lesser coverage than was previously in effect. Borrower acknowledges that the cost of th insurance coverage so obtained migbt significantly exceed the cost of Insurance that Borrower Any amounts disbursed by Leader under this Section 5 shall became additionabt of Boiirow r se 'uured by this Security Iaatrument, These amounts shall bear interest at the Note rate from the date of d' bursement and shall be payable, with sucb interest, upon notice from Lender to Bomwerrequesting pa ment. All incur uce policies required by Lender Bad renewals of such policies shall b to disapprove such policies, shall include a standard mortgage e subject to Lender's right clause, and shall name Lender as mortgagee a or as an additional loss payee. Lender shall have. the right to hold the policies and renewal certificates, if L nder requires, Borrower shellpromptly give to Lender all receipts of paid premiums and renewal notices. If B rrower obtains any form of insurance coverage d traction of, the Pro not otherwise required by Lander, for damage to, or PC1i such policy shall include a standard mortgage clause and abaft name Lender M m rtgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lander may m e proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in iting, any insurance proceeds, whether or not the underl a lied to restoration or repair of the Pro a Y?g {0S?°0c was requited by Lander, shall be a ti P rtM if the restoration or repair is economically feasible and Lendcfs snurity is not lessened. During such repair and restoration period, Lender shall have the right to bold such i urance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been c pleted to Lender's satisfaction, provided that such inspection shall be undertaken di bursa proceeds for the repairs and restoratiou in a single payment or in a s promptly. Lender may A is completed, Unless an agreement Is trade in writing orApplicable Law requires interest to be paid an aics of su •b insurance proceeds, Lender shall not be required to pay Borrower an rot progress Payments s the pr cede. Fees for public adjusters, or other third any am or earnings on such in utance proceeds and parties, retained by Borrower shall not be paid out of the shall be the sole obligation of Borrower. If the restoration or repair is not cc nomically feasible or Lender's security would be lessened, the insurance poccoda shall be applied to the su s secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. S h Insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lander may file, negotiate and settle any available insurance claim and re ated matters, If Borrower does not tepond within 30 days to a notice fiom Lender that the insurance carrier offered to settle a claim, then Lender may negotiate and settle the claim. The w an the notice is given, in either event, or if Leader acquires the Property 30 Section period will begin -day H war hereby assigns to Leader (a) Borrower's rights to any insurance proceeds in an amount not toy xc ed th amounts unpaid under the Nate or this Security Instrument, and (b) any other of Borrower's rights (other th n. the right to any refund of unearned premiums paid by Borrower) under all insurance party, insofar as such rights are applicable to the coverage of the Property. Lender aylt a the Insurance pr cads either to repair or restore the Pro e Tn trument, whether or not then due, p rty or to Pay amounts unpaid under the Note or this Security 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's prutclpal residence w hire 60 Jaya after the execution of this Security Instrument and shall continue B rrowc'a principal residence for at least one year after the atff occupancy, unlesste occupy the ice agr as in writing, which consent shall not be unreasonably withheld, or unless extenuating circuma taco ex st which sr beyond Borrower's control. LVANIA.9ingla FamtlyFanote MadltraWtn Mae t1NIFORIM INSrRU.WMT Form 3039 l/07 (puRe 6 of 14 page,) 7. PrwervatlM Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, d age or impair the property, allow the Property to deteriorate or commit waste an the Property. Whether or n t Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the property fr m deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that re air or restoration is not economically feasible, Burrower shall promptly repair the Property if damaged to a id further deterioration or damage. If insurance or condemnation proceeds are paid in connection with ago to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property o ly if Lender has released proceeds far such purposes. Lender may disburse proceeds for the repairs and rc toration 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 Irrower's obligation for the completion of such repair or restoration Lender or its agent may make reasonable entries upon and inspections of the Property. Ir it has rc onabtc cause, Lender may inspect the interior of the improvements on the Property. Lander shall give B rrower notice at the time of or prior to such an interior inspection specifying such rsasormblc cause. g. Borrower's Loan Application. Harrower shall be in default if, during the Loan application process, B mower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or c cnt gave materially false, misleading, or inaccurate information or statements to Lender (or failed to p vide Lander with material Information) in connection with the Loan. Material representations include, but ar not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal rc idence. 9. Protection of Leader's Interest In the Property and Rights Under this Security Instrument, If (a) B rrowar fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this S urity Instrument (such as a proceeding in bankruptcy, probate, for rmndemnation or forfeiture, for orcement 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 ap ropriate to protect Lender's interest in the Property and rights under this Security Instrument, Including pr looting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's ac ions can include, but an not limited to: (a) paying any sums secured by a lien which has priority over this S urity Instrument,, (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in tit Property and/or rights under this Security Instrument, including Its secured position in a bankruptcy pr ceeding. Securing the property includes, but is not limited to, entcriug the Proporty to make repairs, change to , replace or board up doors and windows, drain water from pipes, eliminate building or other code vI lations or dangerous conditions, and have utilities turned on or oil„ Although Lender may take action under tit Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that L der incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement an shall be payable, with such interest, upon notice from Leader to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease, if B trower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lander agrees to he merger in writing, Femlty.Paaaie MetWreddte Dtac UNrFORM rNSTRU.MNT Fora 3039 1/01 (page 7 of !d pages) 1 10. Mortgage Insurance. If Lender acquired Mortgage Insurance a condition of making the Loan, B 'rower shall Pay the premiums required to maintain the Mortgage Insurance coverage required by Lender ceases to be available efr in iTect- om the mart for any reason, the P lously provided such insurance and Borrower was required to make gage insurer that th : premiums for Mortgage Inauance, Borrower shall pay the separately designated payments toward s stantially equivalent to the Mortgage Premiums required to obtain coverage c t to Borrower of the Mort a Insurancem?iousl previously from an hltmmte substantially equivalent to the L nder, If substantially equi?va ant Mott ape In y B 8 sumnce cov rge ttt selected by P Y to Lender the amount of the separately designated eraBe to not available, Borrower Anil all continue to ad to be in effect. Lender will accept, use and retain those payments as a non- efundablo insurance reserve in i u of Mortgage lnsurance. Such loss reserve shall be non-refundable, notwithstanding the fhct that the Loan Is tl imateiy paid in full, and Lender shall not be required to pay Borrower an interest or earnin e crve. Lender can no longer require loss reserve e any Bs on such loss for the P ymcots If Mortgage Insurance coverage (in the amout period that Lender requires) provided by an insurer selected by Lender again becomes available, is talned, and Leader requires separately designated a nder required Mortgage Insurance as a condition of maaki gwtthhe L am and Borrower was required to°?c r aratcly designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums uired to maintain Mortgage Insurance in effect, or to uirerttent for ? provide a roa-refhndable loss reserve, until Lenders Mortgage Insurance ends in accordance with any written agreement between Borrower and nder providing for such termination or until termination is required by Applicable Law. Nothing in this tion 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 curtain losses it may :ur if Borrower does not repay the Loan as agreed. Borrower is not a patty to the Mortgage Insurance, Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter o agreements with other parties that share or modify their risk, or reduce losses. These agreements are on s and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these 'cements, These agreements may require the mortgage Insurer to make payments using any source of funds it the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance omiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any er entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive m (or might be characterized as) a portion of Borrower's ring or modifying the mo a payments for %biortgage'lnsuratrce, in exchange for c insurer's risk, or reducing losses. If such agreement provides that an iiate of Loader takes a s6 am of rrer, the arrangement is often termcdt" aptive ?eWun?? „ un6 fDr a share of the premiums paid to the (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage arance, or any other terms of the Loan. Such agreements will not Increase the amount Borrower Will for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Burrower has . If any - 'tgage Insurance under the Homeowners Protection Act of 1998 or any othelaw.rinesc? rights may rde the right to receive certain disclosures, to request and obtain cancellation of the Mortgage ranee, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any tgage Insurance premiums that were unearned at the time of such cancellation or to 11. Assignment of Miaeellansous Proceeds, Forfeiture. All Miscellaneous Proceeds are ereby assigned d shall be paid to Leader. ,v Family-Faente MaHBreddie t far CNIFOP-M tNSTIUNWNT Norm 3039 1101 (pgr,,s g of l t PuR !e) • If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of thi: Pro city, if the restoration or repair is economically feasible and Lender's security is not lessened. During such rep it and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has It an opportunity to inspect such Property to onsure the work has been completed to Lender's satisfaction, pro ided that such Inspection sball be undertaken promptly. Lender may pay for the repairs and restoration in a An lc disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in tiag or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shelf not be req 'red to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration, or repair is tot economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be ap lied to the sums secured by We Security Instrument, whether or not then due, with the excess, if any, paid to orrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total felting, destruction, or loss In value of the Property, the Miscellaneous Proceeds s 1 be applied to the sums secured by this Security Instrument, whether or not then doe, with the excess, if an , paid to Harrower, In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of he Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the em unt of the sums secured by this Security Instrument immediately before the partial taking, destruction, or Ill. in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security in rnent shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction; (a) the total amount of the sores secured immediately before the partial taking, destruction, or loss in value di Ided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in va e. 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 su s secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender o erwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security in rumeat 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 Pa (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to re and to Lender within 30 days alter the date the notice is given, Leader is authorized to collect and apply the M ccilancous Proceeds either to rostoratlon or repair of the Property or to the sums secured by this Security In trument, whether or not then due, "Opposing Party" means the third party that owes Borrower M ccllancous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Pr ccei6-. Borower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in L is judgment, could result In forfeiture of the Property or other material impairment of Leader's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration he occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ru ing that, In Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's in rest in the Property or rights under this Security Instrument, The proceeds of any award or claim for da ges that are attributable to the impairment of Lenders interest In the Property are hereby assigned and sh 11 be paid to Lender, All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in th order provided for In Section 2. FaMU!"tnate MWetyr"'U- Vtac UMFORM INMUM8N7 Form 3039 1101 (pag, p ,?f-14 pages) • 1-1 Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or ideation of amortization of the this Security Instrument granted by Lender to Borrower or n Succ cams secured by ccessors in Y cssoc in Interest of Borrower shall not rrpcrate to rclce the liability of Borrower or any Su serest of Borrower. Lender shall not be required to commenceae proasadings against any Successor in In rest of Borrower or to refuse to extend time for payment or otherwise modi sec red by this Security Instrument by reason of any demand made by the original Borrower amortization any Successors in serest of Borrower. Any forbearance by Leda In exercising any right or remedy including, without lim tction, Lander's acceptance of payments frotn third pons, entities or Succea or ' amounts lass than the amount then due, shall not be a waiver of or preclude the exercise of ny right ght or re dy. y or 13. Joint and Several Liability; Co-signers; Successors and Assigas Bound, Borrower covenants and a es that Borrower's obligations and liability shall be joint and several. However, any Borrower who co 'gas this Security Instrument but does not execute the Note (a "co-signer"); (s) is co- signing this Security !ns cut only to mortgage, grant and convey the co-signer's interest in the property Se urity [nstrumcnt; (b) is not personally obligated to pay the sums scoured by this ecurity Ins the to en S $ dt (c) a as that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations ad 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 tb illations under this Seotuity Instrument in writing, and is approved by Leader, shall obtain all of Borrower's ig is and benefits under this Security Instrument Borrower shall not be released from Borrower's obligations n liability under Us Security Instrument unless Lender agrees to such release in ements of this Security Instrument shall bind (Except as provided in Section 20 ling The covenants and n assign of Lender, and benefit the successors 14. Loan Charges- ].,ender may charge Borrower fees for services perforated in connection with ewer's default, for the purpose of protecting Lender's Interest in (be Property and rights under Ibis Security meat, Including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to r other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower 1 11 not be construed as a prohibition on the charging of such fcc. Lender may not charge fees that arc ressly prohibited by this Security Instrument or by Applicable Law. If the Lose is subject to a law which sots maximum loan char e its, rhea, a ally ' ecprctcd so that interest or other loan charges collected or to be collected in connectand ion wt b the Loantc ? the omitted () any such loan charge shall be reduced by the amount necessary to reduce the charge to the fitted limit; and (b) any Was already collected firm Borrower whieb exceeded permitted limits will be uded to Borrower, Lender may choose to make this refund by reducing the by making a direct payment to Borrower, if a refund reduces Preducti owed under the Note as prepayment without any prepayment charge (whether or not principal, ethe ent r echarge is ducon will id treafbr ted under Note). Borrower's acceptance of any such refund made by direct Payment to Borrower willcd on titute a )vat of any right of action Borrower might have arising out of such overcharge. IS. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been an to Borrower when mailed by first class mart or when actually delivered to Borrower's not{cc address if by other means. Notice to any one Borrower shall constitute notice to all Borrowers Unless Applicable V expressly requires otherwise. The notice address shall be the gnnted a substitute notice address by notice to Lender. Borrow Property ss has oti y Le de of shall pro Aro m mptl tly un nti rower's change of address. If Lender specifies a Borrower shall only r Procedure for reporting Sorrowcr's change odd%ys Y epon a change of address through that specified procedure. There may be only one or in Fa?Y-p?nte M1r?elFreddie Mae UNIFORM rIVSTIZp?y, Form 3039 I/OI (page !0 oj/a Par;er/ o ated notice address under this Se by elivering it or by mailing it by fast curity class mall Instrument at any one time. Any notice to Lender shall be given des grated an address by celiac to Borrower. Secur not be deemed to have been given to Lender until acm81lt to y Lrecin connection with eiendever's d by address Lender stIfiated herein hee unless ulrcd by Lender has Sac city Instrument is also required under tY Irohareent shall this Law, the Applicable Law requirement will satisfy the c espondin re q under this Security Instrument. g q Iastrnmenb 16. Governing Laws, Seversbfilty; Rules of Construction. This Security [iutrumcat shall be governed by fed ral law and the law of the jurisdiction in which the Prome in is Security Instrument are subject to any requirements and limitations ns of iAd jicab Law, Rats contained mi lit 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 thi no Security c str a the Notaeg n agreement by contract. In the event that any provision or clause of moot Or pro 'SiOns of this Security with Applicable Law, such conflict shall not a As used is Instrument or the Note which can be given effect without the conflicting ovis other ffi this Security instrument: a provision co csponding neuter wards or words of the femimnc?endcr the masculine the plural cad ice versa; and (c) the word ". B , (b) words in the Ingnlerhahallnmcan and include act on. v may" gives sole discretion without 17. $orrowet'a Co tiny obligation to take any given one co IS. Transfer of tb Prop rtrty or ahBeneficial Interest in Borrower, As used in this Section J py of the Note and of this Security Instrument. n be Property" means any legal or beneficial interest in the Property, c eficial interests transferred in a bond for deed, contract for deed, { including, nstallmeat but sates s contract retract or ter`e ssGrOw d. cro t ement, the intent of which is the transfer of title by Borrower at a f$t» re date to a purchaser, If all or any part of the atmal Property or any interest in the Property is sold or transperson and a beneficial interest in Borrower is sold or transferred) ferout (or Lcudees prior w Is not written o sent, Lender may require immediate payment in full of all sums secured Without this this Security prior w instrument, I ever' this option shall not be exercised by by h Lender if such exercise is prohibited by If Lender exercises this option, Lender shall d a Im' Borrower notice of aea er?aaonable Law, o a period of not less than 30 days from the date the notice is given in accordance with Secti n? 5 within eb Borrower must pay all sums secured b i r to the expiration of this y this security Instrument. If Borrower fails to pay i out further notice or demand on Bow may invoke any remedies permitted by this Sao these sums I9. Borrower's Right ?' {nstriimcnt to Reinstate After Acceleration, If Borrower meets certain condition Bo I! have the right to have enforcearent of this 5ecuri Ins 1 h five days before sale n the property pursuant to any power of sale contained in the Security Instrument, period as Applicable Low might specify for the t entry of a judgment eaforoing this Securit Y Instrument, cirri{nation of B are that right to Borrower or der all sunu Thou conditions s are that a which than would be due under this Security Instrument and the Note as if no accaieigtian at ad ;urred. (b) cures any default of any other covenants or orcing this security Instrument, including, but not limited to, raasonab e'atttompays all expenses incurred in valuation foes, and other fees incurred for the ' its under this Security r ben purpose of Protecting Lender fees. property inspection tier's interest a the pro t' and (d) takes such action as Lender may reasonabl y require Property and sums Petty and rights under this Security Insbument and ?er s obli at assure that secured by this Security Iastrumettt, shalt continue unchanged. Leader may require that tiro m pay i reinstatement sums and expenses in out: or more of the followia rcted b that Borrower pay money order (e) cartified check, bank check, treasurer's check or cashier's oboe selected by Lender, rawer upon as institution whose deposits (a) cash; any tronia Fonda T am insured by a federal s en r' provided or entity such chock ransfer. Upon reinstatement Borrower, it ?'+ instrumentality ant and obligations or or (d) ahaJl remain fully effective as if no acceleration baoccurred. this i rrcd Ho Jn and obligation ecured by y in the Casa of acceleration under Section IS. '?? ibis right to reinstate shall not SYLVANIA.Siaglc romllyPim"te XImeXreddie Kee UNIFORM INSMUtiffdvT Farm 3039 I10I (page !10/'14p0Zu) ' 20. Sale of Note; Chaage of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Noe (loge tbcr with this Sorority Instrument) can be said one or more times without prior notice to rest R Borrower. A • le might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments du under the Note and this Security Instrument and performs other mortgage loan servicing obligations under th Note, this Security Instrument, and Applicable Law. Tbere also might be one or more changes of the Loan Se icer unrelated to a sale of the Note. If there is a change of the Loan Servieer, Borrower will be given ten notice of the change which will state the name and address of the new Loan Sorvieer, the address to w ch payments should be made and any other information RESPA requires in connection with a notice of sfer of servicing. If the Note is sold and thoreaiier the Loan is serviced by a Loan Servicer other than the pu chaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Setvicer and are not assumed by the Note purchaser unless otherwise pr vided by the Now purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an in ividual litigant or the member of a class) that arises from the other parry's actions pursuant to this Security I mcnt or that alleges that the other party has breached any provision of, or any duty owed by reason of, thi Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in co ptiance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a re enable period afar the giving of such notice to take corrective action, If Applicable Law provides a time pe 'od which must elapse before certain action can be taken, that time period will be deemed to be reasonable in, purposes of Ibis paragraph. The notice of acceleration and opportunity to Section 22 and the notice of acceleration given to Borrower nt to n2 a cure given l be Bdorrower pursuant th notice and opportunity to take corre ctivo action provisions of this sectiopuon ! 8 shall eem ed to satisfy 21. Hazardous Substances. As used In this Section 21: (a) "Hazardous Substances" are those substances de 'ncd as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following su stances; gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, ve stile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental L " means federal laws and laws of the jurisdiction whore the Property is located that rotate to health, safety or environmental protection; (e) "Environmental Cleanup" includes any response action, remedial action, or re oval action, as defined In Environmental Law; and (d) an "Environmental Condition" means a condition th t can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous 5 stances, or threaten to release any Hazardous Substances, on or in the Property. Borrower abaft not do, nor ;I anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) W ich creates an Environmental Condition, or (c) which, due to the presence, use, or release of a HUXdous 3 tance, creates a condition that adversely affects the value of the Property, The preceding two sentences b 11 not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that r generally recognized to be appropriate to normal residential uses and to maintenance of the Property eluding, but not limited to, hazardous substances in wnsumrr products). Borrower shall promptly give Lander written notice of (a) any investigation, claim, demand, lawsuit or I. or action by any governmental or regulatory agency or private party irrvolving the pro [ zardous Substance or Euvironinontel Law of which Borrower has actual knowledga any p°m' and any , (b) any Environmental ' ndition, including but not limited to, any spilling leaking, discharge, release or threat of release of any ous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance ich adversely affects the value of the b ad authority, or an Property. If Borrower learns, or is notified by any governmental or latory cling the Pro any private party, that any removal or other remediation of any Hazardous Substance th Environmental Lew, Nothiinngryherrein shall create any obligation all necessary on Lender for raan dEnvironmental Cleanup. n Family-Fawde Mae/Freddte.vuc uNtFOR1S rN"RU.NUNT Form 3039 1/01 (page 12 of 1d pgiXar1 NON-UMFORM COVENANTS. Borrower and ` 22. Acceleration; Lender further covenant and egret as follows; Remedies. Leader shall give notice to Borrower prior to acceleration tollowlag B rrower's breach of any covenant or agreement in this Security u er Section 18 unless Applicable Ls Instrument (but not prior to acceleration o er Shag t (1 the detatdh h w provides otherwise). Leader shalt notify Borrower at,, among o ed; and d ; () the action requires! to cure the default' (c) When () that failure to cure the default as specified may result in ac lettin mthesum? s cU be h this Security Instrument, foreclosure by judicial proceeding and Bala of the Property. fu Cher inform Borrower of the right to reinstate after acceleration and the right to alsert in the fo eclasare proceeding the aoa-existence oPa Leader shall fo eclosure, If the ng th default is not cured as default or any other defense of Borrower to acceleration and to full of all sums secured b cur specified, Lander at its option may require Immediate ayment In urt Y this Security Instrument without farther demand and ma p se this ty Instrument by judicial proceeding Lender y foreclose this P rsuiag the remedies provided in this Section 22 shall be entitled to coUect all of title evidence to the extent Including, but not limited to, attorneys' fees and cosbn 23. Release, U permitted by Applicable Law. Pen Payment of all sutras secured by (his Security instrument, this Security Instrument and th estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy th security Instrument, Borrower shalt re cos ec this Security t. pay any recordation costs. Lender may charge Bomwtir a fee for ng instrument, but only if the cb ing of the fee is permitted under Applic able Law, fee is paid to a third party for services rendered and the d( 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases an e ects in proceedings to enforce this Security Inatrumcnt, and hereby ftl rare laws providing for stay of execution, extension of time, exemption from attechmwcfi levy any present and h estead exemption, 25. Reinstatement Period. B and wit, and orrawer's time to reinstate provided in Section 19 shall extend to one hour p or to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security 26. Purchase Money Mortgage, If any of the debt secured by this Security Instrument nt Iinstrument to cquire title to the Propertslent to Borrower 27. Interest Rate y' this Security Instrument shall be a purchase money mortgage. After JudgmeaL Borrower agrees that the interest rate payable after a ' th Note, judgment is en cred on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under r P SYLVANrn•5tngie Fem(Jy-yanrtre MabF reddle Mae UNIF011" rNSIRIMUN`r Form 3039 1/01 (Ga/+e II of Id P?4CS/ t f BY SIGNING $ELOw, Borrower, aec,pts and agrees to the terms and covenants contained in this security Lv?humeat and in any Rider executed by Borrower and recorded with it. wit lems: i tL ISSAM S WART (Seal) -""?? -aa,rower KEtYlYM Wy SWARTZ (Scalj •?? (Seal) Tl; OF PENNSYLVANIA -PCFMWv TrY OF CUMBERLAND } On this, the 31ST day of jLTLy, 2007, before me, the undersigned offccr, personal! a ?LISSA M 3WARp and ICE1tIlvET'H W son(s) whose name(s) Sti'l'ARTZ , known tome (or satisfactorily Proven) to b the is/are subscribed to the within instrument, and acimowlad it that n) to be the oared the same for the proposes therein contained, ?i) NbvtR4gt hand and official seal ^? J BBiFt C UWSON (?f /r lC Notary PubQe Title of Ofs _V1 f GHSPIR6 6URROUOIi, DAUPHIN COUNTY My Comntta?ton Eeptres Aug 3, 9008 Typed Commission Expires; 200 t? -33 ped or pr intednamc: k24 Q .TIFICATE OF RESMBNCE I, Leigh A. Alglere do hereby In-named lender is ONE HOME LOAN pJ,AZA? Ste. °3 i?' that the correct address of the 16-1765. witness my hand this 3 I %t da of ' WARWICK, RHODE ISLAND --- --? Y v a4D Agent L er. Family-Faame hbe/F,sddk At'c UNIFORM nYSTRUNBNT Form 3039 1101 (page l4 of f4 p.0,) ORDER #; 5862169 . EXHIBIT A ALL TH T PARCEL OF LAND IN TOWNSHIP OF LONER ALLEN, CUMBERLAND COUNTY, COMM EALTH OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK Z65, PAGE 6, IDN 13-24-0799-251, BEING KNOWN AND DESIGNATED AS LOT 107, RANA VILLA SPRING , FILED IN PLAT BOOK 2, PAGE 42, METES AND BOUNDS PROPERTY. DEED JFM MARK K. TATE AND DAWN ASBURY TATE, HUSBAND AND WIFE ASSET FORTH IN DEED K 265, PAGE 3066 DATED 10/018004 AND RECORDED !0/058004, CUMBERLAND COUNTY RECO COMMONWEALTH OF PENNSYLVANIA. +I 1 t i 1 i i t I Page 2 of 9 NOTE Loan Number too JULY 31 2007 CfAMP HILL PENNSYLVANIA [Dale] [Citr3 (Slate] 1122 FERNWOOD AVE, CAMP HILL, PENNSYLVANIA 17011 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received. I promise to pay U.S. $107,100.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is HOME LOAN INVESTMENT BANK, F.S.B.. I will make all payments under this Note in the form of cash, check or money order, I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 10.000°/x. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 4TH Clay of each month beginning on SEPTEMBER 4, 2007. I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its date of receipt and will be applied to interest before Principal. If, on AUGUST 4, 2037, I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at ONE HOME LOAN PLAZA, SUITE 3, WARWICK, RHODE ISLAND 02886-1765 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $939.88. 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5, LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6, BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of FIFTEEN calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.00 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. DO- wtiw.7 MULTISTATE FIXED RATE NOTE-Single Family.-Fannie Mae/Freddle Mac UNIFORM INSTRUME arm 3200 1/01 (page / of 2 pages) 0 4- (Seal) KENNETH W SWARTZ if am,- (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if 1 am given a notice of that different address. S. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts awed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if 1 do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is 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 L4ndcr 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. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. MEWSWARTZ ? ?a?,"yn) (Seal) •9-o _(Seal) -amroae, 0 -Bwr"ver (Seal) -n--. (Sign Original Only] MULTISTATE FIXED RATE NOTE-Single Family--Fat(nie Mae/Freddie Mae UNIFORM INSTRUMENT Form 3200 1/01 (page 2 of 2 pager) L ?J ADDENDUM TO NOTE NOTICE TO BORROWER DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT. THIS ADDENDUM TO THE NOTE PROVIDES FOR THE PAYMENT OF A PENALTY IF YOU WISH TO REPAY THE LOAN PRIOR TO THE DATE PROVIDED FOR REPAYMENT IN THE NOTE. THIS ADDENDUM TO NOTE ("Addendum") is made this 31ST day of JULY, 2007 and is incorporated into and shall amend and supplement the promissory note of the same date in the principal amount of ONE HUNDRED SEVEN THOUSAND ONE HUNDRED AND 00/100ths Dollars ("Note") given by the prersons signing below as borrower ("Borrower") to HOME LOAN INVESTMENT BANK, F.S.B. ("Lender") and which Note is secured by a Mortgage or Deed of Trust of the same date ("Security Instrument") covering the property described the Security Instrument ("Property"). A. The terms used in this Addendum have the same meanings as in the Note. B. The terms of the Note arc revised as follows: If I make a prepayment, the Note Holder may require me to pay a prepayment penalty. (For purposes of this Addendum, "Prepayment" shall be defined as the payment of twenty percent (20%) or more of the original Note amount within any twelve (12) month period.) If I make a prepayment during the first thirty-six (36) months from the date of the Note, I may be required to pay a prepayment penalty equal to five percent (5%) of the amount 1 still owe under the Note immediately prior to my prepayment being received by the Note Holder. The Note Holder will not charge me a prepayment penalty if I am required to pay immediately the full amounts owed under the Note because I am in default under the terms of the Note or Security Instrument. I may make a prepayment any time after three (3) years from the date of the Note without being required to pay a prepayment penalty to the Note Holder. C. Except as specifically stated, above, the terms of the Note remain unchanged and in full effect. ness Witness ~^ °? ga t Borrower MELISSA M SWAR Borrower KENNETH W SWARTZ Borrower Borrower Prepayment Addendum to Note 3-01 HOME LOAN INVESTMENT BANK, F.S.B. ONE HOME LOAN PLAZA, SUITE 3, WARWICK, RHODE ISLAND 02886-1765 WITNESS ACKNOWLEDGMENT This will serve to acknowledge that on the 31ST day of JULY, 2007, MELISSA M SWARTZ and KENNETH W SWARTZ executed in my presence an original Promissory Note in favor of HOME LOAN INVESTMENT BANK, F.S.B. to secure the original principal amount of $107,100.00, a copy of which is attached hereto and made part hereof. , INd7 my G ck)Dpr) ?A ota ' Signing Agent NOWIAL SEAL BON C LAWSON tWary Pub0C pHIN COUNTY HI MAY C4)MM ;xp Aug 3. 2005 4 VERICREST"' December 20, 2010 KENNETH W SWARTZ 1122 FERNWOOD AVE CAMP HILL PA 17011-6914 Vericrest Account Number: 715 Metropolitan Ave. P.O. Box 24610 Oklahoma City, OK 73108 Tel: 800-621-1437 405-945-1514 Fax: 405-553-4702 Please See Attached Notice This letter is an attempt by a debt collector to collect a customer debt. Any information obtained will be used for that purpose. 7:50 Mailing Certified prim 20101029rev t .,C. Date: 12/20/10 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the 'nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions. you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): KENNETH W SWARTZ MELISSA M SWARTZ PROPERTY ADDRESS: 1122 FERNWOOD AVE CAMP PA 17011 LOAN ACCT. NO.: ????r ORIGINAL LENDER: Home Loan Investment Bank F.S.B. CURRENT LENDER/SERVICER: Vericrest Financial, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED"HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at: 1122 FERNWOOD AVE CAMP HILL PA 17011 IS SERIOUSLY IN DEFAULT because: Non Payment YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 9 for 12987.09 Other charges (explain/itemize): 103.00 TOTAL AMOUNT PAST DUE: 13090.09 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not aoolicable): HOW TO CURE THE DEFAULT --You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 13090.09, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Vericrest Financial, Inc. 715 Metropolitan Avenue Oklahoma City, OK 73108 Attn: Wayne Owen IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 10 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Vericrest Financial, Inc. Address: 715 Metropolitan Ave. Oklahoma City, OK 73108 Phone Number: 1 - 800 - 621 - 1437 Fax Number: 1 - 405 - 553 - 4702 Contact Person: Wayne Owen EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You mayor X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY u VERICREST December 20, 2010 MELISSA M SWARTZ 1122 FERNWOOD AVE CAMP HILL PA 17011-6914 Vericrest Account Number: S 715 Metropolitan Ave. P.O. Box 24610 Oklahoma City, OK 73108 Tel: 800-621-1437 405-945-1514 Fax: 405-553-4702 Please See Attached Notice This letter is an attempt by a debt collector to collect a customer debt. Any information obtained will be used for that purpose. 7:50 Mailing Certified sec 20101029rev Date: 12/20/10 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortaaae on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counselina Agencies servina your County are listed at the end of this Notice. If you have any auestions. you may call the Pennsylvania Housina Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): KENNETH W SWARTZ MELISSA M SWARTZ PROPERTY ADDRESS: 1122 FERNWOOD AVE CAMP HILL PA 17011 LOAN ACCT. NO.: ORIGINAL LENDER: Home Loan Investment Bank F.S.B. CURRENT LENDER/SERVICER.: Vericrest Financial, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIG_I_BLE_ FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED"HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at: 1122 FERNWOOD AVE CAMP HILL PA 17011 IS SERIOUSLY IN DEFAULT because: Non Payment YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 9 for 12987.09 Other charges (explain/itemize): 103.00 TOTAL AMOUNT PAST DUE: 13090.09 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT --You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 13090.09, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Vericrest Financial, Inc. 715 Metropolitan Avenue Oklahoma City, OK 73108 Attn: Wayne Owen IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 10 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Vericrest Financial, Inc. Address: 715 Metropolitan Ave. Oklahoma City, OK 73108 Phone Number: 1 - 800 - 621 - 1437 Fax Number: 1 - 405 - 553 - 4702 Contact Person: Wayne Owen EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You mayor X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY VERIFICATION Melinda Girardeau hereby states that4te/she is Grey urn. of Vericrest Financial Inc., servicing agent for Plaintiff, in this matter and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 4 low 0 2011 vName: Melinda Girardeau Title: Ore-o.v ,C6UW caper ?15?' Company: Vericrest Financial Inc. S&D FILE NO: 11-039246 Kenneth W. Swartz and Melissa M. Swartz SHERIFF'S OFFICE OF CUMBERLAND COUNTY rc? ."1Ye^Fr..-..r- I Ronny R Anderson - TI "• t 3 4 ?,? Sheriff „t of ir,ray?pry 0`?1( ?)U 17 erk 3 .6-7 Jody S Smith rrp r, r ; Chief Deputy Richard W Stewart Solicitor US Bank Trust National Association Case Number vs. Kenneth W. Swartz (et al.) 2011-5954 SHERIFF'S RETURN OF SERVICE 08/08/2011 04:58 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on August 8, 2011 at 1658 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Crystal Swartz, current Occupant, at 1122 Fernwood Avenue, Camp Hill, Cumberland County, Pennsylvania'f7II'fT its contents and at the same time handing to her personally the said true and correct copy of the same. Amn nh. AMANDA A UGH, D T-PiTY 08/08/2011 04:58 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on August 8, 2011 at 1658 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Kenneth W. Swartz, by making known unto Crystal Swartz, Daughter of Defendant at 1122 Fernwood Avenue, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. 6" IQ dA Pd-Al I j i i ;d 44. A COBAUGH, DEPOTY 08/11/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Melissa M. Swartz, but was unabl2 to locate her in his bailiwick. He therefore returns the within Complain iF n Mortgage Foreclosure as not found as to the defendant Melissa M. Swartz. Deputies were advised, Melissa M. Swartz is deceased. SHERIFF COST: $80.00 August 11, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF (o CoumySuite Sheriff Telensott_ Inc Davi i . Buell 1Prothonotaiy Office of the CProthonotary Cum6er[and County, (Pennsy[vania 7(irkS. Sofionage, ESQ Solicitor // S'gs,f CIVIL TERM 'ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28Th DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE — THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square 0 Suite100 e CarCisCe, TA 0 rFhone 717 240-6195 0 rFa,c717 240-6573