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HomeMy WebLinkAbout11-7949Vincent T. Cieslik, Esq. (85500) Conrad O'Brien Gellman & Rohn P.C. 1515 Market Street, 16th Floor Philadelphia PA 19102-1916 (215) 864-9600 11UH0 1A, for Plaintiff 011 CECT 19S Jiffoi@cial Corp. "T!lBERLAND COUNl" ` 11 'EHNSYLVANIA, SLM FINANCIAL CORPORATION, by and through its Nominee Mortgage Electronic Registrations Systems, Inc. Plaintiff V. ANTHONY OWENS II, Defendant PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO.: 11--- 4 q ' -Lv ! NOTICE TO DEFEND 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. Cumberland County Bar Association Lawyer Referral Service and Information 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 AVISO Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siquientes, usted tiene veinte (20) dias de plazo al partier de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a ]as demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del damandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVA ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA 0 LLAME PORTELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Asociaci6n de Licenciados de Cumberland Servicio de Referencia E Informacibn Legal 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 & 6b Pd 0*1 ak-W /(0-00 I2A-aec9 1 sy Vincent T. Cieslik, Esq. (85500) Conrad O'Brien Gellman & Rohn P.C. 1515 Market Street, 16th Floor Philadelphia PA 19102-1916 (215) 864-9600 SLM FINANCIAL CORPORATION, by and through its Nominee Mortgage Electronic Registrations Systems, Inc. Plaintiff V. Attorney for Plaintiff SLM Financial Corp. PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO.. ANTHONY OWENS II Defendant FORECLOSURE COMPLAINT Plaintiff, SLM Financial Corporation by way of Foreclosure Complaint says: Plaintiff SLM Financial Corp. is a residential and commercial financing institution licensed to conduct business in the Commonwealth of Pennsylvania. 2. SLM's principal place of business is located at 6000 Commerce Parkway, Suite A, Mt. Laurel, NJ, 08054. 3. Defendant Anthony Owens II ("Owens" or "Defendant"), is the owner of the property located at 1 Chester Rd, Enola, PA 17025-2076, known as Parcel No. 9-14-834-225. (A true and correct copy of the legal description of the property is attached herein as Exhibit "A") 4. On or about September 29, 2006, Owens did execute and deliver to SLM a Promissory Note ("Note"), by and through its Nominee, Mortgage Electronic Registrations Systems, Inc. (hereinafter "Plaintiff' or "SLM") in the amount of one hundred thirty-two thousand seven hundred and twenty dollars and no cents ($132,720.00), promising to repay at a rate of 7.625% per annum, with a monthly payment including principal and interest of nine hundred thirty nine dollars and thirty-eight cents ($939.38). (A true and correct copy of the promissory note is attached herein as Exhibit `B"). The first payment was due on November 1, 2006, with payments made on a monthly basis until the loan was paid in full. Id. at ¶ 3. 5. Owens agreed to pay the loan in full by October 1, 2036, known as the maturity date. Id. at ¶ 3. 6. The Note, which is incorporated into the Mortgage, provides, inter alia the following: a. If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, a late charge of 5% would be charged. Id. ¶6 (A) b. If full payment is not received each month, the loan will be considered in default. Id. ¶6 (B) c. If the Note is in default, the Note Holder may require immediate payment of the full amount of the Principal balance of the Note. Id. at ¶6 (C) 7. To secure the repayment of the loan, Owens executed and delivered to SLM a Mortgage in the amount of one hundred thirty-two thousand seven hundred and twenty dollars and no cents ($132,720.00), and thereby conveyed in fee the land and Property to SLM on the condition that said conveyance should be void if payment is made at the time and in the manner described in the Note. (See a true and correct copy of the Mortgage attached herein as Exhibit «C„ ). 8. The Mortgage was duly recorded on the 5th day of October 2006 under Book 1968, page number 2582, in the Office of the Recorder of Deeds of Cumberland County. 9. On or about August 15, 2009, SLM and Owens agreed to a Loan Modification Agreement which extended the maturity date from October 1, 2036 to August 1, 2049. (A true and correct copy of the Loan Modification is attached herein as Exhibit "D"). The Loan Modification Agreement was duly recorded on the 1 st day of October 2009 as Instrument Number 200933866. 10. On February 1, 2011 Defendant defaulted on the Note by failing to make timely payments. 11. As a result of the Owens' failure to make the above payments, on February I", and for each of the following months of March, April, and May, SLM did notify Owens of its intention to foreclose Defendant's interest in the property should Defendant fail to make all payments due and owing. (A true and correct copy of the demand letter is attached herein as Exhibit "E"). Said notice also constituted demand for prompt payment upon thirty days' written notice, pursuant to paragraph 6 (C) of the Note. 12. The Notice was sent to Owens more than thirty-one (31) days prior to the date of filing the complaint. 13. At the time of the notice there was due and owing to SLM the sum of $4,502.46 representing the principal and interest due as of May 17, 2011. 14. SLM seeks judgment against Owens for any and all principal and interest, late fees, attorney's fees, or costs related to Owens' breach, violation, and/or default under the terms of the Note and Mortgage, including but not limited to the sums outlined in paragraph 20 below. 15. In addition, SLM may be obligated to make advances for the payment of taxes and other necessary expenses, while this action is pending, to preserve the security and such sums, with legal interest. Pursuant to paragraph 9 of the Mortgage, said advances shall be added to the Judgment. 16. In addition, SLM respectfully requests judgment against Owens foreclosing, discharging and terminating any interest he may have in the Property, which are inferior and subordinate to the mortgage and lien of SLM. 17. SLM requests that the Court order Defendant Owens' Property be sold at a Judicial Sheriff's Sale, to be held by the Sheriff of Cumberland County, Pennsylvania for the purpose of satisfying the amounts due and owing to SLM. 18. Finally, SLM is entitled to possession of the Property by virtue of Defendant's above-referenced breach, violation and/or default under the terms of the Note and Mortgage. SLM requests that Judgment be entered for possession of the Property in favor of SLM, its successors and/or assigns, and/or the successful bidder at the Sheriff's sale. 19. The amount due and owing SLM as of October 12, 2011, by Defendants is as follows: Principal $128,158.43 Interest $4,296.96 Secondary Interest $3,062.23 Late Charges $280.63 Attorneys Fees Title Search, Foreclosure and Execution Costs $3,000 Other Fees/Charges $311.19 Escrow in Payoff $701.06 Escrow Balance $275.43 TOTAL $139,651.40 WHEREFORE, Plaintiff SLM Financial Corporation, by and through its Nominee Mortgage Electronic Registrations Systems, Inc., demands judgment in mortgage foreclosure against Defendant Anthony Owens, II for the amount due of $139,651.40 with interest thereon at the rate of $24.07 per diem from October 12, 2011, and additional late charges, additional reasonable and actually incurred attorney's fees, plus costs (including increases in escrow deficiency) and foreclosure and sale of the mortgaged premises by the Sheriff of Cumberland County, Pennsylvania. CONRAD O'BRIEN PC By: !V Vi cent T. Cieslik, Esquire Dated: October 17, 2011 Attorneys for Plaintiff SLM Financial Corporation VERIFICATION I, Joanne M. (Jackson) Miosi, hereby state that I am an employee of plaintiff SLM Financial Corporation, where I am employed as the President. I and/or my employees and staff have personally reviewed the Note, Mortgage, and other file documents pertaining to this loan, including the accounts of the borrower, payment history, and the status of any paidAmpaid amounts due and owing to SLM. I am authorized to take this Verification on behalf of Plaintiff named in the instant action, and that the facts contained in the forgoing Foreclosure Complaint are true and correct to the best of my knowledge, information and belief. I understand that I make this verification subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. 40anneMo iosi 1 CLSA File# 2914539 1 RR CHESTER RD EAST PENNSBORO TWP (ENOLA), PA ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED, AS FOLLOWS: BEGINNING AT AN IRON PIN ON THE NORTHERN LINE OF LOT NO. 8, SECTION A, ON THE HEREINAFTER MENTIONED PLAN OF LOTS, 117.5 FEET WEST OF THE WESTERN LINE OF CHESTER ROAD, ON THE SOUTHERN LINE OF A 15 FOOT WIDE ALLEY; THENCE THROUGH LOTS 8 AND 9 SOUTH 09 DEGREES 30 MINUTES EAST, 95 FEET TO AN IRON PIN; THENCE ALONG THE NORTHERN LINE OF LOT NO. 10, SOUTH 80 DEGREES 30 MINUTES WEST, 50 FEET TO AN IRON PIN; THENCE ALONG THE EASTERN LINE OF A SECOND 15 FOOT WIDE ALLEY, NORTH 09 DEGREES 30 MINUTES WEST, 95 FEET TO AN IRON PIN; THENCE ALONG THE SOUTHERN LINE OF THE 15 FOOT WIDE ALLEY FIRST AFORESAID, NORTH 80 DEGREES 30 MINUTES EAST, 50 FEET TO A POINT, THE PLACE OF BEGINNING. ?x? SEPTEMBER 29, 2006 [Date] NOTE owme Loan #: 8570608056 hGN:100091085706080560 CAMP HILL [City] PENNSYLVANIA [State] CHESTER RD, ENOLA, PA 17025 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. 5132,720.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is SLM FINANCIAL CORPORATION DBA SALLIE MAE MORTGAGE. 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 7.625%. 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 10T day of each month beginning on NOVEMBER 1, 2006. 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 scheduled due date and will be applied to interest before Principal. If, on OCTOBER 1, 2036, 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 6000 COMMERCE PARKWAY SUITE A, MT LAUREL, NJ 08054 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. 59 3 9.3 8. 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 refimded 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 refimd 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 15 calendar days MULTISTATE FIXED RATE NOTE -Single Family- Fannie Mae/Freddle Mae UR FORM INSTRUMENT O_M 5.106 Page 1 of 3 Form 3200 1/01 t 8570606055 after the date it is due,1 will pay a late charge to the Note Holder. The amount of the charge will be 5.000% 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. (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 I am given a notice of that different address. 8. 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 owed 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 I 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 Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument If Borrower fails to pay these sums prior to the expiration of this period, Lender may MULTISTATE FIXED RATE NOTE -Single Family-- Faauie Mae/FreddLe Mae UNIFORM INSTRUMENT *?% 5.106 page 2 of 3 Form 3200 1/01 8570608056 invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. CAUTION -- IT IS RAPORTANT THAT YOU THOROUGHLY READ THE CONTRACT BEFORE YOU SIGN IT WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. SEP 2 9 2006 - BORROWER - ANTHONY OWN14S II - DATE - [Sign 0rigin-1 Only] MULTISTATE FIXED RATE NOTE -Single Family- Fannie Mae/Freddie Mae UNIFORM INSTRUMENT °1-'-W 5.106 Page 3 of 3 Form 3200 1A1 ??"% i- x.? FR ?! U iti. fs nC, L.? N f) C o U r4 - 2006 OCT 5 An 11 19 After Recording Return To: SLM FINANCIAL CORPORATION DBA SALLIE NAB MORTGAGE 6000 COMMERCE PARKWAY SUITE A MT LAUREL, NJ 17070 (717) 774-9710 Prepared By: STACY PAGER SLM FINANCIAL CORPORATION DBA SALLIE ME MORTGAGE 518 BRIDGE STREET NEW CUMBERLAND, PA 17070 (717) 774-9710 Property Address: 1 CHESTER RD ENOLA, PA 17,0225 PIN: 09 /V- 013V-Ot(Space Abovt This Line For Rest MORTGAGE DEFINITIONS MIMS Loan #: 857060BOSS PIN: MIN:1000910135706080560 Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated SEPTEMBER 29, 2006, together with all Riders to this document. (B) "Borrower" is ANTHONY OWENS II, meaRRIED. Borrower is the mortgagor under this Security Instrument (C) "MFRS" is Mortgage Electronic Registration Systems, Inc. MFRS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. (D) "Lender" is SIX FINANCIAL CORPORATION. Lender is a CORPORATION organized and existing under the laws of DELAWARE. Lender's address is 6000 COMMERCE PARKWAY STE. A, NT LAUREL, NJ 08054. (E) "Note" means the promissory note signed by Borrower and dated SBPTmoER 29, 2006. The Note states that Borrower owes Lender ONE nuNDRED THIRTY-TWO THOUSAND SEVEN HUNDRED TWENTY AND 00/100 Dollars (U.S. $132,720.00) plus interest Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than OCTOBER 1, 2036. (F) "Property" means the property that is described below under the heading "Transfer of Rights in the PENNSYLVANIA-Single Family-Faank Mae/Freddie Mat UNIFORM INSTRUMENT 10'il 347.32 Page 1 of 13 Form 30391/01 61% 1968PG2582 8570608056 Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ? Adjustable Rate Rider O Balloon Rider ® 1-4 Family Rider ? Second Home Rider ? Biweekly Payment Rider (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (d) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (I) "Electronic Funds Transfer" means any transfer of finds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. M "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for. (i) damage to, or destruction oi, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (1) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA' refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender. (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to HERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS the following described property located in the COUNTY (Type of Recording Jurisdiction) of CUIMERLAND (Name of Recording Jurisdiction) LEGAL DESCRIPTION ATTACHED HERETO AND KADE A PART HEREOF. AHA BAST PENNSBORO TOWNSHIP which currently has the address of 1 CHESTER RD, ENOLA, Pennsylvania 17025 ("Property Address"): PENNSYLVANIASbWe Family-Fannie Mae/Freddie Mae UNIFORM INSIRUMFIVT VA % 347.32 Page 2 of 13 Form 30391/01 ? Condominium Rider • Planned Unit Development Rider • Other(s) [specify] BK 1968PG2583 8570608056 TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay fiords for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if zny check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender. (a) cash; (b) money order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refiuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted If each Periodic Payment is applied as of its scheduled due date, then Lender reed not pay interest on unapplied fiords. Lender may hold such unapplied fiords until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such fiords or return them to Borrower. If not applied earlier, such fi>ods will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the PENNSYLVANIA-Single FamHy-Faanfe Maefflmddie Mae UNIFORM INSTRUMENT eo. 347.32 Page 3 of 13 Form 30391/01 BK 1968PG2584 8570608056 Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either. (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certifiction services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be PENNSYLVANIASinee Family-Famiy MaNFreMk Mae UNIFORM INSIRUMENT 34732 Page 5 of 13 Form 3039 IM OKI968PG2586 8570608056 applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refimd of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property . Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connectiob with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default i& during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or PENNSYLVANIA-Single Family-Fanale Mae/Freddie Mae UNIFORM INSTRUMENT 16.'% 34732 Page 6 of 13 Form 3039 1/01 8KI968PG2587 8570608056 regulations), or (c) Borrower has abandoned the Property, then Lander may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Inshnffient. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease. Borrower shall not, without the express written consent of Lender, alter or amend the ground lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. Ii; for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non- refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk an all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, PENNSYLVANIA-Single Fatuity-Faaeie Mae/Freddie Mac UNIFORM INSIRUMENr ft 34732 Page 7 of 13 Form 30391/01 BKI968PG2588 8570608056 any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further. (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - If any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or iL after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's j udgment, could result in forfeiture of the Property or other material impairment of Lender's interest PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT V, 347.32 Page 8 of 13 Form 30391/01 9K 1968PG2589 8570608056 in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refimded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless PENNSYLVANIA-Single Family-Fannie MadFreMie Mac UNIFORM INSTRUMENT 9O 347.32 Page 9 of 13 Form 30391/01 BKI968PG2590 8570608056 Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security inert shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument 16. Governing Law; Severabflity; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument_ (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender, (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests t; ansferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part c Z 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 :nay require immediate payment in full of all sums secured by this Security Instrument However, thi; option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of. (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument Those conditions are that Borrower. (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation foes, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender. (a) cash; (b) money order; (c) certified check, bank check, treasurer's chock or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Vd' 34732 Page 10 of 13 Form 30391/01 8KI968PG259I SS90608056 agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of; or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 1S) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. PENNSYLVANIA-Single Family-Fannie MadFreddre Mae UNIFORM INSTRUMENT 'v.% 347.32 Page I I of 13 Form 30391/01 8KI968PG2592 $570600056 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. SEP 2 9 2006 ORROWSR - ANMONY OWENB II - DATR - PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT 0> 347.32 Page 12 of 13 Form 30391/01 8KI968PG2593 9570609056 ace Belau This Line For Aclmowled$nent STATE OF * u^ COUNTY OF On s tl day of ?/GCO before me, 41ccersigned officer, personally appeared known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that hc/she/they executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. ' W--B- ' Ai'. ' ' K- H", i V`," "?:" i, ? ?P ?W* anv M1 60m, G MyCWWWN 30t2M CERTIFICATE OF RESIDENCE: I do hereby certify that the correct address of the within named Lender is 516 BRIDGE STREET, NEW CUKBERLAND, PA 17070 witness my hand this 29TH day of SEPTElIDER, 2006. PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT 0-°`i 347.32 Page 13 of 13 Form 36391/01 BK l 968PG2594 14 FANULY RIDER (Assignment of Rents) oxWa Loan#:8570608056 M1N:100091085706080560 THIS 1-4 FAMILY RIDER is made this 29TH day of SEPTEIMER, 2006, and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to SLm FINANCLAL CORPORATION DBA SALLIE 101E MORTGAGE (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 1 CHESTER RD, ENOLA, PA 17025 [Property Address]. 14 FAMILY COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. In addition to the Property described in Security Instrument, the following items now or hereafter attached to the Property to the extent they are fixtures are added to the Property description, and shall also constitute the Property covered by the Security Instrument: building materials, appliances and goods of every nature whatsoever now or hereafter located in, on, or used, or intended to be used in connection with the Property, including, but not limited to, those for the purposes of supplying or distributing heating, cooling, electricity, gas, water, air and light, fire prevention and extinguishing apparatus, security and access control apparatus, plumbing, bath tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and curtain rods, attached minors, cabinets, paneling and attached floor coverings, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by the Security Instrument. All of the foregoing together with the Property described in the Security Instrument (or the leasehold estate if the Security Instrument is on a leasehold) are referred to in this 14 Family Rider and the Security Instrument as the "Property." B. USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower shall not seek, agree to or make a change in the use of the Property or its zoning classification, unless Lender has agreed in writing to the change. Borrower shall comply with all laws, ordinances, regulations and MULTISTATE 14 FAMILY RIDER -- Fannie MuJFreddie Mac UN FORM INSTRUMENT 32.34 (I oj3 pages) Form 31701/01 BK 1968PG2595 8570608056 requirements of any governmental body applicable to the Property. C. SUBORDINATE LIENS. Except as permitted by federal law, Borrower shall not allow any lien inferior to the Security Instrument to be perfected against the Property without Lender's prior written permission. D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent loss in addition to the other hazards for which insurance is required by Section 5. E. "BORROWER'S RIGHT TO REINSTATE" DELETED. Section 19 is deleted. R BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in writing, Section 6 concerning Borrower's occupancy of the Property is deleted. G. ASSIGNMENT OF LEASES. Upon Lender's request after default, Borrower shall assign to Lender all leases of the Property and all security deposits made in connection with leases of the Property. Upon the assignment, Lender shall have the right to modify, extend or terminate the existing leases and to execute new leases, in Lender's sole discretion. As used in this paragraph G, the word "lease" shall mean "sublease" if the Security Instrument is on a leasehold. H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and revenues ("Rents") of the Property, regardless of to whom the Rents of the Property are payable. Borrower authorizes Lender or Lender's agents to collect the Rents, and agrees that each tenant of the Property shall pay the Rents to Lender or Lender's agents. However, Borrower shall receive the Rents until (i) Lender has given Borrower notice of default pursuant to Section 22 of the Security Instrument and (ii) Lender has given notice to the tenant(s) that the Rents are to be paid to Lender or Lender's agent This assignment of Rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of default to Borrower: (i) all Rents received by Borrower shall be held by Borrower as trustee for the benefit of Lender only, to be applied to the scans secured by the Security Instrument; (ii) Lender shall be entitled to collect and receive Al of the Rents of the Property; (iii) Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender or Lender's agents upon Lender's written demand to the tenant; (iv) unless applicable law provides otherwise, all Rents collected by Lender or Lender's agents shall be applied first to the costs of taking control of and managing the Property and collecting the Rents, including, but not limited to, attorney's fees, receiver's fees, premiums on receiver's bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges on the Property, and then to the sums secured by the Security Instrument; (v) Lender, Lender's agents or any judicially appointed receiver shall be liable to account for only those Rents actually received; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and profits derived from the Property without any showing as to the inadequacy of the Property as security. If the Rents of the Property are not sufficient to cover the costs of taking control of and managing the Property and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by the Security Instrument pursuant to Section 9. Borrower represents and wan-ants that Borrower has not executed any prior assignment of the Rents and has not performed, and will not perform, any act that would prevent Lender from exercising its rights under this paragraph. Lender, or Lender's agents or a judicially appointed receiver, shall not be required to enter upon, take control of or maintain the Property before or after giving notice of default to Borrower. However, Lender, or Lender's agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of Rents of the Property shall terminate when all the sums secured by the Security Instrument are paid in frill. 1. CROSS-DEFAULT PROVISION. Borrower's default or breach under any note or agreement in which Lender has an interest shall be a breach under the Security Instrument and MULTISTATE 1-4 FAMILY RIDER - Fannie MaelFreddte Mae UNIFORM INSTRUMENT +a:% 32.34 (2 of 3 pages) Form 31701/01 OR i 968PG2596 8570608056 Lender may invoke any of the remedies permitted by the Security Instrument. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this 1-4 Family Rider. -z-- IS EP 2 9 1006 - BORROWER - ANTHONY OWENS II - DATE - l Certify this to be recorded ir1 CLimberland County pA ° c???..--,•-?.;?-moo '?'?"' s Recorder of Deeds MULTISTATE 1-4 FAMILY RIDER - Famie Mae/Freddie Mae UNIFORM EWMUMENT 32.34 (3 of3Pages) Form 31701/01 BKI968PG2597 SCHEDULE C Legal Description Commitment Number. GR06-1262REP ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin on the northern line of Lot no. 8, Section A, on the hereinafter mentioned Plan of Lots, 117.5 feet West of the western line of Chester Road, on the southern line of a 15 foot wide alley, thence through Lots 8 and 9 South 09 degrees 30 minutes East, 95 feet to an iron pin; thence along the northern line of Lot No. 10, South 80 degrees 30 minutes West, 50 feet to an iron pin; thence along the eastern line of a second 15 foot wide alley, North 09 degrees 30 minutes West, 95 feet to an Iron pin; thence along the southern line of the 15 foot wide alley first aforesaid, North 80 degrees 30 minutes East, 50 feet to a point, the place of BEGINNING. BEING the western 50 feet of Lots Nos. 8 and 9, Section "A" on the plan of West Enola, said Plan being recorded in the Office for the Recording of Deeds in and for Cumberland County in Plan Book 1, Page 29. BEING Known and numbered as 1 Chester Road Rear SK l 968PG2598 STEWART TITLE . . . . . . . . . . ??pl?llll h SUN Rnancial® A Sallie Mae Company MODIFICATION AGREEMENT- Loan # 8570608056 This agreement is made this _I Sth_ day of -August-, 2009, between SLM Financial, a Delaware Corporation, and Anthony Owens U. Property Address: 1 Rr Chester Road, Enola, Pa. 17025 In this modification Agreement (the "Agreement") the words "P', "me", and "my" mean each person individually and jointly who signs this Agreement. The words "you", and "your", and the Bank mean SLM Financial Corp. As used in this Agreement, the words "you and your" also include any person or entity that takes the loan evidenced by the Loan Documents as defined below, by purchase or transfer. WHEREAS, I have received a loan evidenced by a promissory note to you dated_9-29- 2006_ (the "Note') secured by a Mortgage of the =W(a da te recorded as Document No. in Book I qJg Pageof the Official Records of11j_ qty, (the "Security Instrument"), which Note and Security Instrument may have been amended (collectively, the "Loan Documents"); f 1 V14 Q q_ 14 - d*:g 9- Z TS WHEREAS, I have requested that you amend some of the terms of the Loan Documents; NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, you and I agree as follows: A. AMENDMENT OF LOAN DOCUMENTS Effective the date of this Agreement or such later date as may be specifically described in this Agreement, the Loan Documents are amended as follows: The date on which interest begins to accrue according to the rate option checked above, if different from the date of this Agreement, is_06-01-2009_. Interest will continue to accrue until all amounts due under this Agreement and the Loan Documents have been paid. If a court finds that I have paid an interest rate in excess of the maximum rate, you will first apply all amounts you have collected in excess of this rate to payment of principal of my loan, and then refund any remaining amounts to me. Mailing Address: P. 0. Box 3409,1Al11mingbon, DE 19804 Street Address: 300 Continental Drive, 1 South, Newark, DE 19713 Phone: 302-283-8000 Tdi Free: 800-559-3220 Prepared by: Shannon Mihalek v 2. Old Payment 939.38 New Payment 801.86 Old Int Rate 7.625% New Int Rate 7.00% Old Mat Date 10-1-2036 New Maturity Date 8-1-2049 Old Loan Term 360 mos New Loan Term 480 mos (a) Amount to mail in to complete this loan modification is $_801.24_, The following payments will be included in this loan modification: July and August 2009. Above fimds will be posted as the escrow portion of the July and August 2009 payment. Your total payment including escrow is $1,202.48 beginning September 1, 2009. (b) () other: Payments shall be made at the place you designate. All payments shall be applied in this order: (a) to any costs of collection (including attorney fees) to the extent permitted by law; (b) to accrued and unpaid interest; (c) to reduction of principal. 3. Late Charge If you have not received the full amount of any monthly payment by the end of_NA_ calendar days after the date it is due, I will pay a late charge to you. The amount of the late charge will be NA_ _NA % of my overdue payment of principal and interest. I will pay this late charge promptly but once on each late payment. B. MODIFICATION FEE I agree to pay you on or before the date of this Agreement a fee in the Amount of $ -NA re n=mting_NA points on the amount financed in the Note. C. DOCUMENT PROCESSING FEE I agree to pay a documentation processing fee of $ NA in connection with this agreement. D. SECURITY INTEREST The Security Instrument is intended to secure all obligations under Note as modified by this Agreement. This Agreement shall neither (a) affect your security interest in, or hen priority on, the property described in the Security Interest; nor (b) be constructed to be a satisfaction or partial or total release of the Note or Security Instrument. 2 If in yourjudgment it is necessary to take action to preserve the security interest and/or the lien priority created by the Security Instrument, I will assist you in such action. Such assistance may include, but is not limited to, executing additional documents and providing additional information. E. OTHER LOAN TERMS l . Except as amended by this Agreement, all terms and conditions of the Loan Documents shall remain in full force and effect. 2. You do not waive your right to: (a) prohibit or restrict any future amendments I may request or (b) enforce any of your rights or remedies under any of the Loan Documents. F. MISCELLANEOUS 1. The effectiveness of this Modification is also contingent upon: a. The making, delivery, and execution by me of any and all documents as you or your attorneys may reasonably request to accomplish the purposes of this modification. b. The original note holder/lender has obtained appropriate title msmwm policies or.endorsements insuring the position of priority of the Security Instruments not less than the position of priority of said Security Instrument when it was originally recorded. 2. 1 hereby request that you conditionally implement the modifications provided for herein as of the date of this Modification Agreement irrespective of the fact including the items specified above, are not subsequently satisfied, you may declare by written notice to me that the modifications provided for herein are not effective and you shall reverse any entries made prior thereto. 3. In the event of any conflict between any provision of the Agreement and provision of a Loan Document, the provisions of this Agreement shall control. 4. You can appoint any person or entity to: (a) service the loan evidenced by the Loan Documents; and/or (b) take any action necessary to accomplish the modification described in this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written. (Witness) (Witness) (Seal) STATE OF: ?- COUNTY OF: W_tA) C??e BE IT REMEMBERED That on this of 3e ftay ? before me, the sober personally appeared Joanne M. Jackson, Vice President of SLM Financial Corporation, satisfied is the person who ,signal the within Agreement, and he/she acknowledged that signed, sealed with the corporate seal and delivered the same as such officer aforesa?t the within Agreement is the voluntary act and deed of such corporation made by virtw Resolution of its Board of Directors. BORROWER: Seal) Antho ens II SLM By STATE OF: R n n S y /V a n ICN, COUNTY OF: , ?} awn M. MOODY otary Pnblio state W Delaware My COMMISHion Expires on Apr 15. 2011 14- - --'W BE IT REMEMBERED THAT-ON THISa 7day of ld '?07 before me, the subscriber, personally appeared Anthony Owens II , who I am satisfied, is/are the person(s) who signed the within Agreement as Borrower, and they acknowl that they signed, sealed and delivered the same as their vol act and deed. CIOtVVYEALTH OF PENNSYLVANIA Notary I'M ,al seal Diems F. Vdit Notary PL6k 0jV0fMWWxjrMD&#*10IXIII + My QanntWm E May 31, 2011 Pennsylvanl^ "•^^r4-t- of Notaries 4 Ix 1. Conrad O'Brien Pc Vincent T. Cieshk Shareholder Direct Dial: 215.523.8316 vcieslik@conradobtien.com ACT 91/ACT 6 NOTICE TO TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE NOTICE OF INTENT TO FORECLOSE May 17, 2011 VIA REGULAR AND CERTIFIED MAIL RETURNRECEIPT REQUESTED Anthony Owens, II Anthony Owens, II 2398 Camby Street, Apt. 2 1 Chester Road Harrisburg, PA 17103 Enola, PA 17025 RE: Notice of Intent to Foreclose First Mortgage on 1 Chester Road, Enola, PA 17025 Loan No. 8570608056 -Our File No. 1593-81 Dear Mr. Owens: This letter is an attempt to collect a debt and any information you provide will be used for that purpose. NOTICE. OF INTENTION TO FORECLOSE MORTGAGE. 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. Earlier this month we sent you a Notice of Intention to Foreclose on your second mortgage related to this property., that was Account Number 8570608057. This Notice relates to your first Mortgage. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HFMAP) may be able to help you save your home This Notice explains how the program works 1040 Kings Highway North, Suite 600 Cherry Hill, NJ 08034-1921 T: 856.309.3373 F: 856.309.3375 www.conradobrien.com To see if HE" can help you must MEET WITH CONSUMER CREDIT COUNSELING 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 the 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 you explain it You may also want to contact an attomey in your area The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA WORTANCIA, PUES AFFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPROHENDE EL CONTIENTIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTATA AGENCIS (PENNSYLVANIA HOUSING FINANCING AGENCY) SIN CARGOS AL NUMERO NEMCIONADO ARRIBA. PUEDES SER ELIBIGLE PARA UN PRESTAMO PRO EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Homeowners' Names: Anthony Owens, II Property Address: 1 Chester Road, Enola, PA 17025 Original Lender: SLM Financial Corporation 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 CIRCUMSTANCE BEYOND YOUR CONTROL. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND -2- 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 PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" 11L EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - if you meet with one of the consumer credit agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of the 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 late in the 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 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 your property 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. -3- 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 FIRST MORTGAGE being held by the above lender on your property located at 1 Chester Road, Enola, PA 17025, IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months: February, March, April, and May 2011. You are presently 4 monthly payments behind. 4 monthly payments of $1,085.00 are overdue. You are also required to pay late fees in the amount of $120.27 and other charges of $42.19. TOTAL AMOUNT PAST DUE $ 4,502.46 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: Paying your regular mortgage payment as noted above. 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 OUTLINED ABOVE PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD PLUS ANY ATTORNEY'S FEES, TITLE FEES, OR SHERIFF'S FEES WHICH HAVE ACCRUED FROM THE DATE OF THIS LETTER UNTIL PAYMENT IS RECEIVED IN FULL AT SLM. Payments must be made by either cash, cashiers' check certified check or money order made payable and sent to: SLM via Michael Payne at SLM Financial Corp., 300 Continental Drive, 2 South, Newark, DE 19713. You may contact him at (800) 559 3220 - Extension 18330, and at Michael.Pgyne@salliemae.com. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: Paying the full amount listed above. 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 -4- 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 paving 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 Sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the 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: SLM Financial Corporation Address: 300 Continental Drive, 2 South, Newark; DE 19713 Phone Number: (800) 559 3220 - Extension 18330 Fax Number: (317) 806-7705 -5- Contact Person: Michael Payne Email address: Nfichael.Pgyne@salliemae.com 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 Sheriffs 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 may 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 cost 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; AND TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY NORTHUMBERLAND COUNTY: CCCS of Northeastern Pennsylvania -6- 31 W. Market Street P.O. Box 1127 Wilkes-Barre, PA 18702 Phone: (570) 821-0837 OR 1-800-922-9537 Fax: (570) 821-1785 1400 Abington Executive Park, Suite 1 Clarks Summit, PA 18411 Phone: (570) 587-9163 OR 800-922-9537 Fax: (570) 587-9134/9135 201 Basin Street Williamsport, PA 17703 Phone: (570) 323-6627 Fax: (570)323-6626 PERRY COUNTY: CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 Phone: (717) 541-1757 Fax: (717) 541-4670 Urban League of Metropolitan Harrisburg 2107 N. 6 h Street Harrisburg, PA 17101 Phone: (717) 234-1757 Fax: (717) 234-9459 Community Action Commission of The Capital Region 1514 Derry Street Harrisburg, PA 17104 Phone: (717) 232-9757 Fax: (717) 234-2227 PHILADELPHIA COUNTY: Acorn Housing Corporation 846 North Broad Street Philadelphia, PA 19130 Phone: (215) 765-1221 Economic Opportunity Cabinet of Schuylkill County 225 North Centre Street Pottsville, PA 17901 Phone: (570) 622-1995 Fax: (570) 622-0429 YWCA of Carlisle 301 G Street Carlisle, PA 17013 Phone: (717) 243-3818 Fax: (717) 243-3948 Financial Counseling Services of Franklin 31 West 3`d Street Waynesboro, PA 17268 Phone: (717) 762-3285 Weatherization Office 917 Mifflin Street Huntingdon, PA 16652 Phone: (814) 643-2343 Fax: (215) 765-1427 CCCA of Delaware Valley 1515 Market Street, Suite 1325 -7- Philadelphia, PA 19107 Phone: (215) 563-5665 Fax: (215) 864-2666 Media Fellowship House 302 S. Jackson Street Media, PA 19063 Phone: (610) 565-0846 Fax: (651) 565-8567 PCCA 100 North 17th Street, Suite 600 Philadelphia, PA 19103 Phone: (215) 567-7803 Fax: (215) 963-9941 Comm. Devel. Corp of Frankford Group Ministry 4620 Griscon Street Philadelphia, PA 19124 Phone: (215) 744-2990 Fax: (215) 744-2012 Northwest Counseling Service 5001 N. Broad Street Philadelphia, PA 19141 Phone: (215) 324-7500 Fax: (215) 324-8753 RACE 167 W. Allegheny, 2nd Floor Philadelphia, PA 19140 Phone: (215) 426-8025 Fax: (215) 426-9122 CCCS of Delaware Valley One Cherry Hill, Suite 215 Cherry Hill, NJ 08002 Phone: (215) 563-5665 Housing Association of Delaware Balled 1500 Walnut Street, Suite 601 Philadelphia, PA 1102 Phone: (215) 545-6010 Fax: (215) 790-9132 Housing Association of Delaware Valley 658 North Watts Street Philadelphia, PA 19123 Phone: (215) 978-0224 Fax: (215) 765-7614 American Credit Counseling Institute 845 Coates Street Coatesville, PA 19320 Phone: (888) 212-6741 Phone: (610) 971-2210 755 York Road, Suite 103 Warminster, PA 18974 Fax: (215) 959-6344 144 E. Dekalb Pike King of Prussia, PA 19406 -8- PIKE COUNTY CCCS of Northeastern Pennsylvania 31 W. Market Street P.O. Box 1127 Wilkes-Barre, PA 18702 Phone: (570) 821-0837 OR 1-800-922-9537 Fax: (570) 821-1785 9 South 7 h Street Stroudsburg, PA 18360 Phone: (570) 420-8980 OR 800-922-9537 Fax: (570) 420-8981 1400 Abington Executive Park, Suite 1 Clarks Summit, PA 18411 Phone: (570) 587-9163 OR 800-922-9537 Fax: (570) 587-9134/9134 Should you have any questions or concerns regarding the above, please feel free to contact me. Sincerely, Vincent T. Cieslik VTC/dak /QA 197 us 1- 2- . a. p 0 E 8-E a w ~ 296h 61LLL 0000 OQLO GTOL ? • PHrtf° our?rlaner ? ?e1N?s-`?1951red. 5-a?1-t?fe reverse SW that+e can return Skis Bart ¦ .to you. Attach "ward to,tfe pack- -f the mailpiece, or? on nt N.spaee Permits 1. Artigl® Ore" to. Anthony Owens, II 2398 Camby Street, Apt. 2 Harrisburg, PA 17103 _... , --my aaa owi tJo a i Service Type, A Certliied Mall 0 Express Mail 0 Registered 0 Return Recelpt for Mgjjdise ' ? Insured Mall G3 C.O.D. Res-cted Delivery? (Extra Feel - - - ? yes 21160 If 1 -r a f t SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?„ CA clljn?"'j Jody S Smith Chief Deputy Richard W Stewart OPP1; WF Solicitor SLM Financial Corporation Case Number vs. 2011-7949 Anthony Owens, II SHERIFF'S RETURN OF SERVICE 11/14/2011 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: Anthony Owens II, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint and Notice according to law. 11/18/2011 04:03 PM - Dauphin County Return: And now November 18, 2011 at 1603 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Anthony Owens 11 by making known unto himself personally, at The Dauphin County Courthouse, 101 Market Street, Room 104, Harrisburg, Pennsylvania 17103 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $38.50 November 22, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF ?05, n C. can -T:, r-- -? ttii --0 !"" «>: CAD !? ? t :;t CD- , .+.. r\3 ,. c? `-.. Co ,.y c; Gou YyStrte Sherd ieiecso`t. Inc 10r I?11 I I 111 'to v. <<. ?aupl in County Seer ?- 10. ., t F. UV IL -1 rr QMZI& nan Jack Duigty William T. Tully Chiel'Dep Solicitor Michael W, Rinehart Assistant Chief Deputy Dauphin County 101 Market Sirect Harrisburg, Pennsylvania 17101.2079 ph: (717) 780.6S90 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania SLM FINANCIAL CORPORATION VS County of Dauphin ANTHONY OWENS,11 Sheriffs Return No, 2011-T-3976 OTHER COUNTY NO. 20117949 And now; NOVEMBER 18, 2011 at 4;03;00 PM served the within COMPLAINT upon ANTHONY OWENS, II by personally handing to ANTHONY OWENS, II 1 true attested copy of the original COMPLAINT and making known to him/her the contents thereof at DAUPHIN COUNTY COURT HOUSE, ROOM 104 101 MARKET STREET HARRISBURG PA 17103 Sworn and subscribed to before me this 22ND day of November, 2011 .-POF COMMONWEALTH OF PENNSYLVANIA NOTARIAL SRAL Karca M. Hoffman, Notary Publie City of Harrisburg. Dauphin County M Commission Expires Au gum 17 2014 So Answers, 'Do Sheriff of auphin Co ty, By G ~ Deputy Sheriff Deputy: KIMBERLY BARTO Sheriffs Costs: $41.25 11/16/2011 the 49?11-vrfff William T. Tully Solicitor Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin VS ANTHONY OWENS, II Sheriff s Return No. 2011-T-3976 OTHER COUNTY NO. 20117949 And now: NOVEMBER I$, 2011 at 4:03:00 PM served the within COMPLAINT upon ANTHONY OWENS, II by personally handing to ANTHONY OWENS, II 1 true attested copy of the original COMPLAINT and making known to him/her the contents thereof at DAUPHIN COUNTY COURT HOUSE, ROOM 104 101 MARKET STREET HARRISBURG PA 17103 Sworn and subscribed to before me this 21 ST day of November, 2011 -)P?42 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Commission Expires August 17, 2014 SLM FINANCIAL CORPORATION So Answers, Sheriff of Dauphin Coun , Pa. B'_4 y Deputy S eriff Deputy: KIMBERLY BARTO Sheriffs Costs: $41.25 11/16/2011 Vincent T. Cieslik, Esq. (85500) Conrad O'Brien PC Centre Square West Tower 1500 Market Street, 39th Floor Philadelphia PA 19102-1916 (215) 864-9600 :LED -Q? f° :. d' Fu PRoo;?neyforPlaintiff 2012 MAR 21 AM IQ'S1?IFinancial Corp. CUMBERLAND COUNTY PENNSYLVANIA SLM FINANCIAL CORPORATION, by and through its Nominee Mortgage Electronic Registrations Systems, Inc. Plaintiff V. ANTHONY OWENS II, PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO.: 11-7949 Defendant PRAECIPE TO ENTER DEFAULT JUDGMENT PURSUANT TO PA. R.C.P. 1037(b) TO THE PROTHONOTARY: Please enter default judgment in favor of Plaintiff and against Anthony Owens, II by default for failure to file an answer to Plaintiff's Complaint, or otherwise plead. In support, attached to this Praecipe is VENOM , Notice of Entry of Default, and Exhibit B, Affidavit of Non-Military Service. Assess damages as set forth below: As set forth in Complaint .............................. $139,651.40 Interest $24.07 per diem from October 12, 2011 to March 19, 2012 ........................................ $3,827.13 TOTAL ................................................ $143,478.53 * Interest continues to accrue at the rate of $24.07 per diem through the date of execution. av*4 y1b.SO?1a C' f# l ? 730 / k wobce mac fed I hereby certify that written notice of the intention to take a default judgment was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe. Copies of the Notices of Intention to Enter Judgment by Default are attached hereto as Exhibit A. Date: March 19, 2012 By: Vi cent T. Cieslik, Esq. Attorney I.D. No.: 85500 Conrad O'Brien PC Center Square West Tower 1500 Market Street, 39th Floor Philadelphia, PA 19102-1916 (215) 864-9600 Attorneys for Plaintiff SLM Financial Corp. ASSESSIMF,NT OF DAMAGES AND NOW, this ; t day of ?0 0\- , 2012, Judgment is entered in favor of the Plaintiff SLM Financial Corporation and against the Defendant Anthony Owens, II, by default for want of filing an Answer to Plaintiff's Com laint and damages assessed at' sum of $143,478.53 as per the above statement. A6 PROTHONOTARY Conrad O'Brien Vincent T. Cieslik Shareholder Direct Dial: 215,523,8316 Direct Fax: 215.523:9716 vcicslik@conradobrien.com January 4, 2012 VIA REGULAR AND CERTIFIED MAIL RRR Anthony Owens, II 2398 Camby Street. Harrisburg, PA 17103 Anthony Owens, 11 1 Chester Rd, Enola, PA 17025 RE: SLM Financial Corporation v- Anthony Owens II CCP, Cumberland County, Civil Division No. 11-7949 Our File No, 1593-284/PA Dear Mr. Owens: This letter's an attempt to collect a debt and any information you provide wil be used. for that purpose. NOTICE OF INTENTION TD ENTER DEFA ULT JUDGMEN?' YOU ARE IN DEFAULT l BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRIT1NGORT THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS WITH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DA H THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUTOA HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OIF YOU TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU. CAN G LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION, LAWYER ET REFERRAL SERVICE AND INFORMATION, 32 SOUTH BEDFORD STREET, CARLISLE, PA 17013, (717) 249.3166. VTClrsw Enclosure If you have any questions, please do not hesitate to call. Sincerely, r Vincent T. Cieslik 1500 Market Street, Centre square J West Tower, Suite 3900 I Philadelphia, PA 19102-2.100 Tel: 215.864.9600 1 Fax: 21.5.864.9620 1 wwwconradobrien.com Vincent T. Cieslik, Esq. (85500) Conrad O'Brien Gellman & Rohn P.C. 1515 Market Street, 10 Floor Philadelphia PA 19142-1916 (215) 864-9500 Attorney for Plaindff 5LM Financial Corp, SLM.FIN'ANCIAL CORPORATION, by and through its Nominee Mortgage Electronic Registrations Systems, Inc. Plaintiff V. ANTHONY OWENS II, Defendant PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO.: eivi NOTICE TO DEFEND NOTICE You have bast sued in court If you wish to defend against the claim to forth in the following pages, you must take action within twenty (20) days attet this complaint and notice are served, by entering a written appostmoo personally or by attorney and Qiing In writing with the court your defenses or objections to the claims act forth against you, You arm warned that if you fail to do so the osae may proceed without you and a judgment may be entered against you by the court without further notice for any money claitrod in the Complaint or fbr any other claim or relief toqueetod by the plaintiff: You may lose money or property or other rights important to you, AVISO Lo han domandado a usted on In aortc. Si usted quium dmfendarse de astas demandas expuestes an In paginas siquicntns, usted dose vointe (20) dims de phom at partner de la feeba do In domanda y In notificaolon. Haa felti asentar una eOmparencia eserita o en persona o can un abogado y entregar a to coute es forma escrita sus deff:rteas o hats objeoiones a In do mandas on contra de su persona, Son avisado quasi used no se defiende, is carte tontam modides y puedc oondmrar is demands on contra soya sin pmvio avLso o notifiexion. Ademas, to . aorta puede detidir a favor del damatdente y requiere quo usted cumpia con Codas Iss proviaiones do oats demands. UxW puode perdw dinero o sue prmpiod os o cues derechos impottantes pare used. YOU SHOULD TAKE TFIIS PAPERTO YOUR LAWYER AT ONCE. If YOU DO NOT HAVE A LAWYE& OR CANNOT AMRD ONE, OO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FWD OUT WHERE YOV CAN OLT LEOAL HELP. Cumberland County Bar Association .Lawyer Referral Service and tnfonnaticn 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 LLEVA ESTA DEMANDA A UN ABOOADO D'Ii BWATAMWm sl NO WENE AIIOOADO 0 W NO TMNB EL DIN KO Suft Ett1'E DE ?AGAR TAL SERVICIO, MAYA EN PERSONA 0 LI.AME FORTEi$PONO A IA OPICINA CUYA DIRECCION SE W CUMItA FSCRrrA ABANO PARA AVER=AR DoNDE se nwe comisoum Aa1S tNCIA LBOAL Asoeiaci& de Liooncisdos do Cumberland Servieio de Referencia E Informad6a Legal' 32 South Bedtbrd Street Carlisle, PA 17013 (717) 2494166 TRUIW COPY FROM RECORD "f?l ty whereof, I here unto set my hand and: ttte seat of said Court at Carlisle, pa, 1t*-J-1_dJ1Y0f_QQk1&? -201I__ `V r Q. l z-J ' "° ? W-V Vincent T. Cieslik, Esq. (85500) Conrad O'Brien Gellman & Rohn P.C. 1515 Market Street, 16t" Floor Philadelphia PA 19102,1916 (215) 864-9600 Attorney far Plaindff SLMFinancial Corp. SLM FINANCIAL CORPORATION, by and through its Nominee Mortgage Electronic Registrations Systems, Inc. Plaintiff V. PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO.. ANTHONY OwENS H Defendant FORECLOSURE COMPLAINT Plaintiff, SLM Financial Corporation by way of Foreclosure Complaint says: 1. Plaintiff SLM Financial Corp. is a residential and commercial financing institution licensed to conduct business in the Commonwealth of Pennsylvania. 2. SLM's principal place of business is located at 6000 Commerce Parkway, Suite A, Mt. Laurel, NJ, 08054. 3. Defendant Anthony Owens II ("Owens" or "Defendant'), is the owner of the property located at 1 Chcster Rd, Enola, PA 17025-2076, known as Parcel No. 9-14-834-225. (A true 'and correct copy of the legal description of the property is attached herein as Exhibit "A"). 4. On or about September 29, 2006, Owens did execute and deliver to SLM a Promissory Note ("Note"), by and through-its Nominee, Mortgage Electronic Registrations Systems, Inc. (hereinafter "Plaintiff l or "SLM") in the amount of one hundred thirty-two thousand seven hundred and twenty dollars and no cents ($132,720.00), promising to repay at a rate of 7.625% per annum, with a monthly payment including principal and interest of nine hundred thirty nine dollars and thirty-eight cents ($939.3 8). (A true and correct copy of the promissory note is attached herein as Exhibit `B"). The first payment was due on November 1, 2006, with payments made on a monthly basis until the loan was paid in full. Id. at 13. 5. Owens agreed to pay the loan in full by October 1, 2036, known as the maturity date. Id. at 9 3. 6. The Note, which is incorporated into the Mortgage, provides, inter alia the following: a. If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, a late charge of 5% would be charged. Id. 16 (A) b. If full payment is not received each month, the loan will be considered in default. Id. 16 (B) c. If the Note is in default, the Note Holder may require immediate payment of the full amount of the Principal balance of the Note. Id, at 16 (C) 7. To secure the repayment of the loan, Owens executed and delivered to SLM a Mortgage in the amount of one hundred thirty-two. thousand seven hundred and twenty dollars and no cents ($132,720, 00), and thereby conveyed in fee the land and Property to SLM on the condition that said conveyance should be void if payment is made at the time and in the manner described in the Note. (See a true and correct copy of the Mortgage attached herein as Exhibit 8. The Mortgage was duly recorded on the 5th day of October 2006 under Book 1968, page number 2582, in the Office of the Recorder of Deeds of Cumberland County. 9. . On or about August 15,, 2009, SLM and Owens agreed to a Loan Modification Agreement which extended the maturity date from October 1, 2036 to August 1, 2049. (A true and correct copy of the Loan Modification is attached herein as Exhibit "D"). The Loan Modification Agreement was duly recorded on the 1st day of October 2009 as Instrument Number 200933866. 10. On February 1, 2011 Defendant defaulted on the Note by failing to make timely payments. 11. As a result of the Owens' failure to make the above payments, on February 1 at, and for each of the following months of March, April, and May, SLM did notify Owens' of its intention to foreclose Defendant's interest in the property should Defendant fail to make all payments due and owing. (A true and correct copy of the demand letter is attached herein as Exhibit "E"). Said notice also constituted demand for prompt payment upon thirty days' written notice, pursuant to paragraph 6 (C) of the Note. 12. The Notice was sent to Owens more than thirty-one (31) days prior to the date of filing the complaint. 13, - At the time of the notice there was due and owing to SLM the sum of $4;502.46 representing the principal and interest due .as of May 17, 2011. 14. SLM seeks judgment against Owens for any and all principal and interest, late fees, attorney's fees; or costs related to Owens' breach, violation, and/or default under the terms of the Note and Mortgage, including but not limited to the sums outlined in paragraph 20 below. 15. In addition, SLM may be obligated to make advances for the payment of taxes and other necessary expenses, while this action is pending, to preserve the security and such sums, with legal interest. Pursuant to paragraph 9 of the Mortgage, said advances shall be added 1 to the Judgment. 16. In addition, SLM respectfully requests judgment against Owens foreclosing, discharging and terminating any interest he may have in the Property, which are inferior and subordinate to the mortgage and lien of SLM. 17. SLM requests that the Court order Defendant Owens' Property be sold at a Judicial Sheriff's Sale, to be held by the Sheriff of Cumberland County, Pennsylvania for the purpose of satisfying the amounts due and owing to SLM. 18. Finally, SLM is entitled to possession of the Property by virtue of Defendant's above-referenced breach, violation and/or default under the terms of the Note and Mortgage. SLM requests that Judgment be entered for possession of the Property in favor of SLM, its successors and/or assigns, and/or the successful bidder at the Sheriffs sale. 19. The amount due and owing SLM as of October 12, 2011, by Defendants is as follows: Principal $1281158.43 Interest $4,296.96 Secondary Interest $3,062.23 Late Charges $280.63 Attorneys Fees Title Search, Foreclosure and Execution Costs $3,000 Other Fees/Charges .$311,19 Escrow in Payoff $701.06 Escrow Balance $275.43 TOTAL $139,651.40 WHEREFORE, Plaintiff SLM Financial Corporation, by and through its Nominee Mortgage Electronic Registrations Systems, Inc., demands judgment in mortgage foreclosure against Defendant Anthony Owens, II for the amount due of $139,651.40 with interest' thereon at the rate of $24.07 per diem from October 12, 2011, and additional late charges, additional reasonable and actually incurred attorney's fees, plus costs (including increases in escrow deficiency) and foreclosure and sale of the mortgaged premises by the Sheriff of Cumberland County, Pennsylvania. , CONRAD O'BRIEN PC By: L,...A -u , r?-- Vifien t T. Cieslik, Esquire Dated: October 17, 2011. Attorneys for PlaintoSLM Financial Corporation I I; Joanno M, gsckson)14i , hereby state that I am an employee of p]atbtiff SLM Fimnoial'COrPoeation, where I am employed as thetPredident. I allor my employees and staff -- havo personally reviewed the Note, Mortgago, and other Me domments pertaining to this jean, including the acoovnts of the borrower, payment history, and the status of any *dhau*d amomrsts due-and owing to SLM. I am authori7ad to take this Verification on bebW of PIWnW named in the utstent action, and that the facts co'ntaiW in the forgoing Foroedosure Ci Aplaint are true and correct to the best of my knowledge, iiorwation and bclldf, I undersremd that I make touts verification subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities, oatm? M sake ios? Exhlb,it iA CLSA Fik # 2914539 1 RR CHESTER RD EAST PENNSBORO TWP (ENOLA), PA ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED, AS FOLLOWS: BEGINNING AT AN IRON PIN ON THE NOR'T'HERN LINE OF LOT NO. 8, SECTION A, ON THE HEREINAFTER ME MONED PLAN OF LOTS, 117.5 FEET WEST OF THE WESTERN LINE QF CHESTER ROAD, ON THE SOUTHERN LINE OF A 15 FOOT WIDE ALLEY; THENCE THROUGH LOTS 8 AND 9 SOUTH 09 DEGREES 30 MINUTES EAST, 95 FEET TO AN IRON PIN; THENCE ALONG THE NORTHERN LINE OF LOT NO. 10, SOUTH 80 DEGREES 30 MMMS-WEST, 50 FEET TO AN IRON PIN; THENCE ALONG THE EASTERN LINE OF A SECOND 15 FOOT WIDE ALLEY, NORTH 09 DEGREES 30 MINUTES WEST, 95 FEET TO AN IRON PIN; THENCE ALONG THE SOUTHERN LINE OF THE 15 FOOT WIDE ALLEY FIRST AFORESAID, NORTH 80 DEGREES 30 MINUTES EAST, 50 FEET TO A POINT, THE PLACE OF BEGINNING. r i Exhibit B SZPTRWIM 29, 4006 [Date] Non c ors. L"20..8370600056 MD'f:1000910657 0 6 0 60 S 60 CAMP SILL [may] pZMFBlLVA16IA [State] CEMW=R R77, ENO", PA 17025 (Proptrrty Address) I. BORROWERS PROMISE TO PAY In return' for a loan that I Dave received. I promise to pay U.S. $132,720.00 (this amount is.c4ed -Prinoipat"), plus interest, to the order of the Lendm The Leader is SLIT FEtAIn M CMMIA' X(M MM t3A1.LI>: anu: saonmm I will make all payments sander this Note in the torn of cash, die* or money order I understand that the Lea?der•mq transfer thin Now The Leader or anyone who takea this Note by transfer and who Is entitled to reoeive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be changed on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 7.62 5%. The interest me required by this Section 2 is the rate I will pay both before and after any default deem bed in Section 6(8) of this Note. 3. PAYMUM (A) Time 224 Place of Payweaab I will pay pdicipal and brttsest by tnakiag a payment every month. 1 WAl WAkr, my monthly payment on the 10T day of earn month be ninS oat N0vzM3Mt 1, 2006.1 will snake these payments avay month until I have paid all of the principal and intertxt and my other charges described below that I may we under this Note. Each monthly payment wilt be applied as of Its scheduled due date and wilt be applied to interest before PAwipaL If, m OCT(oza 1, 2036, I still owe amotmts under Wa Notc, I will pay those amounts in full an that date. which is called the "Maturity Date." I will make my monthly payments at 6000 C7 UWMC5s PARKMY 871sT= A, XT LA =L, xx 08054 or at a diftrat place lfrequirod by the Note Holder. (II) Amount of Moatkly Payments Noy moudhly payment will be in the amotrot of U.S. $9 39.3 8. 4. BORROWER'S RIGHT TO PREPAY I have the right to makc psymeats of Prino*l at any time betbm they are due. A payment of Prbx ipaal only is known a6 a "Prepayment." When I wake s Pnpsym=4 I will tell the Notes Holler in writing that I am doing so. I may act designate a payment as a Prepayment If I have not made all the monthly payments due under the Note. I any make a full Prepayment or partial Prepaymeno without paying a Prepayment charge. The Nate 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 iuteteat an the Prepayment amount, before applying my Prepayment to reduce the Principal amount of dw Note. If I make a partial Prepayment, there will be no clnaoga in the due dam err in the amours of my monthly payment unless the Note Holder agrees in writing to those changes. S. LOAN CHARCXS If a law; which applies to this loan and which sets maximum loan chargca, le finally interpreted so teat the interest or other loam charges collected n to be collected in connectim with this loan exceed the permitted limits, then: (a) any such loan ohruge shall be reduced by the amount necessary to reduce the charges to the permitted limit; and (b) any aura already collected from ax which exceeded pesamlted limits will be tefinded 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, wig be treated as a partial Prepaymai. 6. BORROWER'S FAILURE TO PAY AS REQUIRiI:D (A) Late Marge for Ovesdut Payments If the Note Holder has not received the M amount of any monthly payment by the end of 15 calendar days MMInSTATI FDCfaD RATE r*YM .-Smile Pamlty - Freak K*WFroddk lM = LFWOVM UgSTRCMMT $So 5.106 Para 3 an Forr 3100 1M aS7eioaoss after the date it is due, I will pay a late charge to the Note Holder. The amount Of the charge will be S. 00 0% of my overdue payment of principal and httmest I will pay this late charge promptly but only once an each late payment (B) Deftdt If I do not pay the full amount of each monthly payment on the date it is due, I will be in defauk (G') Notice dDedalt If I am In defitult, the Note Odder may send me a written notice telling me that if I do not pay the overdue amount by a certain dale, the Nate Holder may require me to pay imtaediatcly the fall 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 data on which the notice is maikd to me or delivered by other means. (D) No.WsJver By Note Holder Even ill at a time whea.I am in default, the Note Holder does not require me to pay immediately in full as deccdW above, the Note Holder will still have the right to do so N I am in default at a later time. (E) Paynat of Note Hoibar's Costa and Rspensa If the Note Holder has required me to pay inanediatel'y in full as described above, the Note Holder will have the right to be paid back by me for all of its coats and expenses in en&rdng this Note to the extent not prohibited by applicable law. Those expenses include, ft example, reasonable attorneys' fern 7. GMNG OF NOTICES Unlosa applicable law requires a ditlerout method, any notice that must be given to tae under this Nobs will be given by delivering it or by rwiling 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 only d 0trcot 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 firat class mail to the Note Holder at the address stated in Section 3(A) above or at a diHment address if I am given a notice of that different address. S. OBEJOATIONB OF PERSONS UMER TM8 NOTE If more than one pence si8 u this Note, each person is belly and personally obtigated to keep all, of the promises made in this Note, inchm ft the promise to pay the M smart owed. Any pettan who is a gusr> tAK surety or endorser of this Note is also dbligated to do these things. Any parson who takes over these Motions, including the obligctdoru of a guarantor surety ar radorsrr of this Notc, is nlsc obligstod to koop ail of the prong. trade in this Now. The Note Holder may mforicc its rights under this Note against each pemn. individually or against all of us together. This means that any one of to may be required to pay all of the amounts owed under this Note. 4. WAIVERS I and ary other. Person who has obligations under this Note waive the tights of Prvaccimmt and Notice of Dishonor. "Provag ment" mearst the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the bight to require the Note Holder to give notice to other persons that smau is due have not been d. 0 UNtM9M SECURXD NO't<It This Note is a uniftm instrument with limited varia loos in some jtaisdictiom. In addition to the protections given to the Note Holder under ibis Note, a MOctgage, Dad of mat or Security Deed. (the. "qty InMmcnM dated the name date as this Note, protects the Now Holder $ent possible forces wbidr Mi& result if] do not keep. the pomises which I make in tills Note. That Security`Instrummt desxibes how and under what ounditions I may be required to wAlm iromediste payment in fill of all amounts I owe under this Note. Some of those conditions are desalted as 1611ows: 9 all'or any part of the Property or any Interest in the Property is sold or trensferred (a if bomowa' Is not a natural pdmm and a burial interest in Bonvmma is sold or trans6ared) without Lender's prior written consent, Leander may requiWienmediide.payment is full of all sums secured by tiers Security Instrument. However, this option shell not b3 eutdsed by Lender if such exercise is ptnhibited'by Applicable Law. If Lender exoraiaes this option, Lender shall give Borrower notice of socelerat ion. IU notice chaff provide a period of not lose than 30 days &orn the date the notice is given in accordance with Section IS within which Borrower must pay sU sums secured by this Security Instrtmrent. If Borrower fails to pay these sums prior to the eucpimtien of this period, Lender may MULTISTATE FIRED RM NU 7V -Single Family-- Facials MaalFM"k Mae UMMM MIRUB82rr 5.106 Pager Z of 3 Farr 32M 3A1 0 (; •as?o6a6as? ? invoke any remedies permitted by d& -Security Instrument without furtber notice or demand on Borrower. CAUTION - IT IS WORTANT THAT YOU THOROUGHLY READ THE CONTRACT BEFORE YOU SIGN IT. WITNESS THE BAND(S) AND SEAL(S) OF TIM UNDEMOM. P 2 9 200& _H M_. [Sig" 0,WWI Only A[UC.XMU-TS MM RATE NOTE =Single F=14- Fmte M"Wft"k Mae UMORM R>s37WMr?T It& 5.106 Pare 3 ot3 Form 3260 1161 Exhibit C PCBERt P. Z,'EGLER ME-0011DER. OF DEUS zoos OCT S Ail 11 19 Aft Kwordiag Rehm To: BLx 8'1'ti MIAL CORP0aATIO1sr DBA BAr.L3:w K" 11ORTt1AM 6000 COIOt8 = PAMMY OUITR A XT LAUREL, NZ 17070 i717)' 774-9710 prepared By: BTAC31 RA6M+: SLw FIRANCZAL CORPORATION DBA BALLIA 1012 1sORTQAW 519 BRIDU 9TRENT N1<W CO><RUMAIM. PA 17070 (717) 774-9710 PnopeM Address: 1 COK8TZR RD 10101.k PA 17025 PIN: n 4_ icl_ MORTGAGE DBFIPIITIONS Oxon Loco M: 6570606056 PA`t hM:100091065706080560 Words used in multiple sections of this doaxnant are defined below and odu r words an defined in Sextons 3, 11, 13, 18, 20 and 21. Certain rules reSndiog the singe of words used in this document are also provided in Section 16. (A) "SeemIty ImtD'umeot" mama this document, which i7 dated BZPTZMSR 29, 3006, together with all Riders t0 this document. (0) "Borrower" Is ANTHONY Ow1NS II, MWRRnw. Bwower is the mortgagor under this Security Instnm>ent (C) WW" is Mortgage Electrvaic Regisl ation Systems, Inc, bdM Is a separate corpatadon that Is acting solely sa a nominee ii$ Leader and Leader's sucoeaaots and assigns. MW Is tke mortgagee ender this Securky Iwsttamatt. UM is Otgumized and au a ft under the laws of Dolswere, and has an address and telepbone number 60 .0. Boot 2026, [+Iiat,MI 48501-2026, tel. (888) 679-MFRS. (D) "Lomdw" is WX lI1a11C3ILL CORPMATIOw. Lender Is a CORPORATION organized and existing under the Ism of DzuumAR3L Leader's address is 6000 coum tt PA1tmmy nz. A, xT ZA13RE7„ 11J.08054. (K) "Nate" means the promissory note signed by Bommer and dated OzPTR ZR 29, 3006. 11w Note stapes that Bon wer owes Lander am 80RDym TSIRTY-Tito' TBODBAwD UVW =MR= TMIXTV AND 00/100 Delius (U.S. $132,720. 00) plus iul' , ,11 Bormwer has promised t0 pay this debt in regular Periodic Payments and to pay the debt In hill not lour than oCTOesR 1, 2036. (1) "Property" means the property that is described below under the heading -rmufcr of Rights is the PENMYLVAMA4b* Fasuiy-Faaote MsdPrWft Mee UMFORM D1$T UMENT +0 307.31 Page I of 13 Form 1$19 U81 "BX1968PG25•8Z. 6570604056 r Property.* {G) "Levu" mesas die debt evhk=d by the Note, plus interest, my prepayment obarges and late cherges due under the Note,' and all sums due under this Sec6 4 Iaet urocut, plus intemtt. (JUL) "!Coders" moans all Rid= to this Security Instramasnt that are executed by BarroweL The following Riders are to be executed by Borrower [check box ae applicable]: O A 0table Rate Rider O Condominium Rider D Second Hoare Rider Balloon Rider 0 Phoned U* Development Rider 0 Biweekly Payment Rider 041-4 Pamily Rider O Other(s) [specify] (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinanoea and administrative rules had orders (that have the effect of law) ae well a all applicable final, non4ppeakble judicial opinions. (.q "Cosamuadty c lotion Douro, Fees, acrd Mem scents" means all dues, form, assessments srd other charges that am imposed on Borrower or tha Property by a eondomalum association, homeowners association or saadlar orlpsization. VK) "Maturoote Funds Thunder" meows soy tta 11d, of fvn&, other flan a tta wwdm orlginatad by rhea, dra&, or siarist papa iurswmmot, which is initiated through sa electronic tanriml, telephaaio lnatrument, conWArr, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term hwludM but Is not limited to, point-of-sale transfers, automated teller machine tranaehons, trxw*ra initiated by telephone, wire tamefxas, and automated desvingbouse transfers. (.) "Rseriew ttrsars" moans those hems that are daaribad is Section 3. (M] "M unnamous Proceeds" means nay compensation, settlement, award of damages, or proceeds paid by any third party (other than luawanee proceeds paid under the coverages described in Section 5) for @ damage to, or de stnredon of, the Property; (ii) condemnation or other taldag of all or say part of the Properly; (iii) conveyance in lfau of condemnation; or (iv) mismpr+esentations of or omissions as to, the value and/or condition of the Property. (l) "Mortgage hunrance" means insurance protecting Lender against the nonpayment of; or default on, the Loan. (O) "Psriodie PaymanC' means the regularly scheduled amount due for (1) paneval and interest under the Note, plus QQ any amounts under Section 3 of this Sewmty Instrument. (P) "UWA" means the Real Pstate Settlement Procedures Act (12 U.S.C. 12501 et aoq.) and its implemeeft regulation, Rcgulation X (24 C.FJL Part 35011), as they might be ammdod from time to time, or any sddltioaal or successor fegblstian or regulation that governs the same subject matter. As used in this Scouaity Instrument, "PMPAa reflux.to all requirements sad restrictions that we imposed in regard to a "fndarsUy related martgaga loan" even if the Loan does not qualify a it "federally related mortgage loan" under RBSPA. (Q) "Successor In hdnwt of Borrower" mom any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note andl r this Security Xnstru mmt; TRANSFER OF RIGHTS IN THE PROPERTY Thl} $ocurity Instrument secure to Lander. (1) the repayment. of the Loan, and all reorrwals, extensions and inodifioations of the Note; and (li) the perkmance of Borrower's covenants and apw mts under this Seou my lnstru awmA and the Note. For this purpose, Borrower does hereby mortgage, giant and convey to MGRS (solely A {nominee for Le der'snd Lmder's sucoessoaa and assigns) and to the successors and assigns of WMS 'die Mewing daetibcd pmpuaty located in the Cat7i= (Type of Recording Judedictiou) of cmawRi tM (Name of Raxmliog Jurisdiction) LEMM At5t3Ci;I vox ATTACERD MM=0 Am MANI A PART MUMF. . AKL RUT PRWIOHORO T09A MUP which currently has too addroes of 1. Cn=TRR RD, to N01 A, Puunsylvanls 17 0 25 ("Property Addrese"r rZN11MVAMUSh* rawHy-Feuiala 0ladFreddb Kass gNWORM INMUMEW *# 34732 Paaa2 of 1) Form 30391101 BK i 968PG2583 851611611636 ToOETHER WITH all the improvements now er hereafter erected on the property, and all asemeuts, appmtsicances, elan fixtures now or haeafrer a pat of the property. All raps and additions shall also be covered by this Seem* Instnamcat. All of lbregaing is rn red to in this Scanty Dent as the whopedy.11 Borrower understands and agrees that MERS hholds ody logal title to the interests granted by Borrower In this Secudty Instrumm4 but, if necessary to comply with law or oustom. MERE (as nominee for Lands and Lundees successoora and assigns) has the fight: to amcise any or all of those interests, Including, but not ibpritsd to, the right to foreclose and sail the Property; and to take any action roquiied of Lander including, but not limited to, mieasing and osoceling this Security Instnnnent. BORMWER COVENANTS that Bcaower is lawfully, added of the estate hereby ocaveyed and has the right tm mortgago, great sand convey the Property and that the Property is uneacunbera4 except for aw=brsn= of record. Borrower warrants and will defend gisarrlly the title to the Property against all claims and demands. subject to any eacumbraDicell of record. THIS SELTUI'T ]NSTIIIJMBNT combines uniform ODVMMM for national use and aoa-uniform eovenams with limited variation by jurisdiction to oenstitute a unifoorm security instrument covering reel pr'operty- UN ooRM COVENANTS. Bmwwor and Lender covenant and agree as follows: L Payment of Prhaetpal, interest; &amaw Items, Prepayment Charges, and Labe Cba gee Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and lobe charges due under the Note. Borrower shall also pay Omds for Escrow Items pursuant to Section 3. Payments due under the Now and this Security Instrument shall be made In U.S. curr'y- Aowever, if my check or other instrument received by Lender as psynent under the Note or this security IMMAMMA is returned to Lender unpaid, Lender may require that a* or all subsequent paymMIM due unda the Note and this Security I ownsumt be made in coo or mono of the fallowing forms. as sleeted by Lends. (a) cash, (b) marry order; (e) ce rtified check bank check, tdsurees check or.csama's check, provided, say such check is drawn upon. an institution whose departs are i wxW by a Wad agency, instrumentality, or entity. or (d) Blechock Funds Mmusfer. Payments are dcemed received by Leader whims received at the location designated in the Note or at such other location as may be designated by bender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are lnsuifick t to .bring the Loan current. Lander may acoapt my payment or partial payment iaau>Bolent to baring the Loan ourrent, without waiver of any rights hereunder or prejudice to its rights to refine such payment Of partial paymots in the fume, but Lender is not oblippated to ripply such payments at the time mob payments m seoeptxi, is each Periodic. Payment is applied as of its s olmduded due datk than Lander need not pay isolawd on rnapplted Panda. Leader may hold such tnalOW finis until Borremwmakes payment to bring due Lover current. If Borrower does not do so within a nmsmable period of time, Lender s cc roban them to. Borrowm If not applied, easiier, such .;ands will be applied balance under the Note immediately prior to favalosum No ormt or claim which Borrower aright have now or in the li.tsm against Looder shall relieve Borrower from s payments dune under the Note and this Security Instrument or parforming the covenants and agreom ents-scoured by this Security bseu mat 2. Applleation of Payments mr Proceeds. Except as otherwise de w&cd 'in this Station 2, all payments accepted and applied by Ldndar shall be applied is the following order of priority: (a) interest due under the Note; (b) prinepal slue under the Note; (c) ameunia dud under Section 3. Such payments shall be applied to each Periodic Payment in the order in whioh it became due. Any remaining amounts ball be applied first to late charges, second to any other amounts due under this Security huttumont, and then to reduce the principal balance of the Note. Payment u_ If Lender receives a payment from Borrower for a dolio*mt Perthe iodic pwhich ayment includes the sulrieient amount to pay.agy istc charge due. tine payment may be applied YENN9nVAPF1~r=1t'-Faaa1el 119SW k MacilNIPORM DM RUhMW OW 347.32 Page 3 of 13 Perm 3939 IM BK-196sPG2s,s4 6570406036 r late ebaxg, If more 4 than cute fP?die eriodic Payments if, to t?A aleat. that, each payment can paid in full. To Borrower the to extent that thaat t any tacocas eacists niter d* payment is aPP? to die fill! payment of one a nwre i periodic payments. such excess may be applW to any late charges due. Voluntary pmjmymcnU shall be applied• first to any prepayment charges and them as described in the Note. Any applicusHam of payments. hunzaaco proceeds, or Ivllscellanoaua Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodio Payments. 3. Funds for Escrow Ltsom Boarawer shall pay to Lender on the day Periodic Payments are due under the Nots, undl the Note is paid in full, a sum (the "Funds'j to provide for payment of amounts due fine. (a) taxes and assessments and other items which can atiatn priority over Held Security i etnsme { j ?? any; enmanha toe on the Property; (b) laschold payments or ground rants on th c property. if for mV and all Insurance required by Leader under Seadan 3; and (d) Mortgage Insurance premiums, if any, or my arms payable by Borrower to Leader in lieu of the payment of Mortgage Insurance premluma in accordance with the provisions of Section 10. These itcox are ailed "Escrow Items." At origination or at any time during the tam of the Loan. Leader may require that Community Association Does, Fees, and Assessments, If any. be escrowed by Bomrxc , and such dues, Am and assem ments shall be an Escrow Item. Borrower ahall promptly fin-al to Leader all notlees of mmunto to be paid under this Section. Borrower shall pay Lender the Funds fa Escrow Rana unless Lender walves Bon ww's obligation to pay the Funds lbr any or all Escrow trans. Leader may wave Bonv*Ws obligation to pay to I arrler Funds for any at all Escrow Irma at any dine. Any such waiver may only be In writin& in the coact of such waiver, Borrower shall pay directly, when and where payable, the arnormts due Ibr any F.aeraw Loma for which payment of Funds has been waived by Leader and, iP Lender requires, :ball finxibb to Lender receipts evidencing such payment within snob time period as Leader may require- Banower's obligation to make web payments and to provide receipts shop for'all purposes be-deemed to be a covenant and agreemaat contained in this Security Inatnmtcut, as the phrase "covenant and agreement" is used in Seetioa 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, sod Borrower We to pay the amorwt due fix an Escrow hem, Leader may atercise its rights under Section 9 and pay such amount and Borrower sball then be obligated under Section 9 to repay to•Lendcr and scab amount. Loader may revoke the waiver as to any or all Escrow Items at awy time by a nod= given is accordance with Section 15 and, upon such revocation, Borrower shall pay to Leader all Fwxk, and in such amounts, that are then required vender this Section 3. Lower may, at any time. callers and hold Funds in an amount (a) suffide tt to pertak Lender to apply the Funds at the time spedW under RESPA. mod (b) tot to cwmd the nm dawn amount a leader can require under RBSPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of acpeadituees of future Escrow Items or otherwise in accordance: with Applicable Law. The Funds shall be held in an ins tutlon whose deposits are ho red by a Word agency, }nstRt,ooao4rlity? or a atrty (including L.eades; if Leader , is an institution whose dequo * are to insured) or in any Federal Home Lou Bank. Lander shall apply the Fonds to pay the Escrow Items nol Fes' annually spear under RESPA. Larder "half rot charge Bouxdrwer for holding and applying analyzing the acirow account; or verifying the Escrow Runs, unless Calcine pays Borrower interest on the Funds and-Applicable Law permits Lewder to make such a drarge. Unless an agreement is made in writing or Applicable Law requites interest to be paid on the Funds, Lander chap not be required that Borrower many interest or earnings on the Funds.-Borrower and Lander can agoea in writing. however, of tterest he Funds as paid on the Funds. Lender "ball give to Borrower, without clause, an annual accounting nqulr d by RESPA. If there is a sapho of Funds held In err,mew, a defined under RFSPA, Lander shall accent to Borrower fa the owess funds in accordance with RESPA. If there is a ahortage of Funds bald in-escrow, as defined under REWA. Lender shall notify Borrower as required by RESPA, and Boaowar shall pay to Leader the amount necessary to malm up the dwx0ge in aceardanee with RESPA, but- in no more than 12 monthly payments. If then is a delieieney of Funds bead in e6erow, as defined under RESPA. Leander sball nobly Borrower as required by RESPA. and Borrower aball, pay to Lender the• .mound necessaryto, make up the deficiency in accordance with RESPA, but in no more thorn 12 monthly paymeam. Perir MVANrA4ioale Fantle-aaaat. tNu?ee?ar tNaeUNUN aM ugtoaECarr L? 34732 Pasc 4 of 13 Farm 3639 trot BK 1988PG258,5 $370600056 Upon psymerd in full of all sums secured by this Security instrument, Lender atoll promptly refund to Borrower any Funds held by Lends 4. Charges; U=6 Borrower shall pay all taxes, ass , charge, ftok and impoWdons attributable to the Property which cam attain priority over this Seourily instrument, leaaehoid payments or ground rotas on the Pmparty, if any, and Community Am odstion Dues, Fees, and A ix, if any. lb the latent that these iteM are Ewrow Items, Borrower shall pay them in the mamwprovided in SaW m 3. Bacrower shall promptly diedwp any lien which has priority over this $=city Iastrumcat unless Bonower: (a) agrees in writing to the payment of rite oblipootion secured by the lien in a manna acceptable to •Laulm but only so long as Borrower is paftmiag such fit; (b) contests the lien in good faith by, cc defends agafixt mewcoment•of tha lien in, legal prone cbW which in Leader's opinion operate to prevent the enforcement of the lien while those pmosedings set pew tr>8, but only until such proceedings the concluded; or (e) aem rea ftom the bolder of do lien an agreement xoddra?7+ to I ssubor4inating lien to this Semity Inetrummt If Lender determines that any pat of the Property is eubjeot to it lien which can attain priority over this Seotaily hataument, Leader my Biwa Berromw a notice id g the lien. Within 10 days of tbo date on which that notice is given, Borrower shall satisfy the lien or take am or mace of the actions act forth above in this Seetiah 4. • Leader may require Borrower to pay a ore-tines charge for a real estate tax verification and/or reporting service used by Lender In connectim with this Lou. S. lroparfy lmsorance. Borrower eball keep the impr+ovemeate mw existing or lureaft erected on the Property mooed sgsluet loss by fns, hazards Included within the term "extended covacrMn and any other ha m& including, but not limited toy earthquakes and floods, for which Lender requires insursom This insurance shall be maintained in the amounts (including deductible levels) and for the penods that Leader requires. What Leader regwm pursuant to the preceding sentences an change during the term of the Loan. The insurance harrier providing the kwA=co shall be dmen by Borrower subject to Lender's right to disappmve Borrower's choice, which dot ahadl na be-exercised unreasonably. Lender may requdm Borrower to pay, in comawtion with this Loan, either. (a) a onetime chorgo for flood moose determination, certification and tracking services; or (b) a one-time charge for flood more demon and cortiiiwA= servim and subse luent chatga 'each time reunppiuge or Similar dualp' ocoanr which reasonably might affect such datamfaation or oaKiflcation. Borrower shall also be responsible for the payment of say fees imposed by rho Federal Emergency Management Agency m connection with the review -of any flood som doom resulting ham sa objection by Borrower If Borrower Gila to maintain any of the coverages ftertbad above, Leader may obtain Insurance eoveruga, at Larder's option and. Borrower's oaponte. Lender is under no obligation to purchase any particular type or amount of coverage. Thuaeforro, much oovarge shall cover Leader; but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against say risk, hazard or liability and might provide greater or leaser omwaoge than was previously in dS:ct Borrower acknowledges that the cost of the in xmc coverage so obtained might aigoific ntiy exceed the 'ood of insurance that Borrower could have obtained. Any armuets disbursed by Gender under this Soctim 5 shell become additional debt of Borrower secured by this Security lowumart. Those amounts shall bear interest at the Note rate from the data of diAxasernent and shall be payable, with such interest, upon notice from I=dcr to Borrower requesting payment. . All iosusreuoe policies required by Leader and rmawads of such poliolcs shall be subjed to Lender's right to d isapprove such policies, shall include a standard mortgage clause, and shall name Lender as nnortgagae arWor as an additional loss payee. Lender shall have the right to hold the polices and renewal certificates. If Leader inquires, Borrower :ball promptly give to Lends all receipts of paid premiums and renewal notices. If Borrower obtains any ft m of kwjn mm eoveraga,'not namwin required by L eaft for damage to, or destruction o4 the Property. such policy Shall inohade a standard mortgage clause and shall name Leader as martopgec and/or as an addhicmad loss pays. In the event of lase. Borrower shall give prompt notice to the insurance cmier and Lender. Lender shay make proof of loss if not made promptly by Borrower: Unless Lender and Borrower otherwise agree in writing, any ww anco proceeds, whether or not the underlying insuasnce was required by Lender; shall be PH6NnMVAMASb* Pn djy-PMdR KS&WM k Mae UMFORN KNFMtittEN'f 4!? 34732 Pose 5 of Z3 Form 30" t•Mr BK•1968PG2586 as?esososs .I applied to restoration or repair of the Property, if the ru or dw or send- is economically ilessible and Lemder'a security is not lcocned. During such repair and restorstion.period, Lender shall have the right to hold such insun moo prom cmtil Lender has had an oppordasity to iapeat such PropeRy to eoaae the work- b" boar complatod to Lender's satisfaction, provided that such Inspection shall be undertaken promptly. Lender may disburse pia for 00 rqu*s and restoration in a single payment or in a series of progress paymea t. as the wort- is completed. Unlea an agreement is made in writing or Applicable L.aw re9uirce intent to ba paid on such insurance proceeds, Lender shatt not be required to pay Borrower any hdareat or runings oo sach proceeds. Feet for public adjnatm% or other third parties, tetalend by-Borrower than not be paid out of the insurance roceeds and sihatl be the sole obligation of Batowm if the restoratimh or repair Is notAconoufmally feasible or Lender's security would be le secoad, the W uvm proceeds shall be applied to the arena sdacrced by this Security Instaehent, whather or not than dim with the excess, if any, paid to BMW=. Sud, insursoc a proceeds shall be applied in the order provided for In Section 2 If Bonowcr abandons the Property, Lender may file. negotiate and settle say available b"Ursaae claim and related asatters. If Borrower does not respond within 30 days to a notice from Lender that the insuranm carder has otlered to settle a claim, than Linder may negotiate and saute the claim The 30-day period will begin whan the notice is given. hk oitber rNAt, or if Lander aogdrea the Property t dsSecti nn 22 or cdarwise. Borrower-hereby assigns to Lender (a) Bor wer's rights to ICY ingcn? ptcow In to omen of amount not to exceed the amounts unpaid under the Note or this Security Inatrumten4 (b) any Borrower's tights (other than the fled to any =&end of unearned premium paid by Borrower) under all insurance p dries covering the Property, inaofar as such rights ace applicable to the coverage of the Property. Lender may use the hmmenee proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Inatnanmt, wbether or not then due ss Borrower's 6.' Oempsncy. Borrower shall occupy, establish, and use the Property ' principal residence within 60 days aft the ereeatfat of this 9ewrky Instil amst and shall continue to ocOWY the Property as Borower's principal residence for at least one year tiler the date of occupancy, unless Lender odmwisa sg= in writing, which. consent shall not be unreasonably withbeid, or unless extenuating the a exist which are beyond Boaoww's-cowl. B shall not 7. Preservation, bUju%n"ce red pmtdetdon of tie Property; +aa? destroy, damage or impair tbe- Propat%'dlow the property to detariCrata or oor mit waste on property Whedw or not Borrower is residing in the Property. Borrower stmt! mah*k the Property proms the -Prcpesty from deteriorating or deQnsing in value due to its-condition. Unless it is determined purwant to section S that repair or restoration Is not eeonomlally ikesible. Borrower shall promOY repair the PMxwtY if damaged to avoid further detedoradon or damage. N insurance or condeaundon proceeds are paid in aonncectlob with damage to, or the taking oC the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has ralaaaed proaeods for sob purposes. Lender may disburse p for the repairs cad .restoration in a single payment or in a serioa of pwpm payments as the work is e>oMbted. if the insurance or condemnation prooaeds are not suM dent to repair or restore the 1'r M", B0 rower is not relievad of Badrowees obligation forth completion of such repair or restoration. Lender or Its agent may trades reasonable mains upon and inspectiaw of tha PropertY. if it has reasonable canna, Lender tray Mspaet the interior of The;nhprovemeats on the Preppesty. Lender sb tl.give Borowa notice at tha time of as prier to such an inteoier inspection apee*hg such reasonable came. L Bemweell Loac AppIIeatioa Borrower stall be in ddsult if. during tiro Loan application process, Borrower or sal, persons or entities acting at the elaection of Boaown or with Borrower's lcuowlage or consent gave materially false, mideadiag, or fiaconata i86ormatlon at, stateanents to Lender (or fi:eted-to provide Leader with-mataW information) in connection with die Loan Material r*mm t cans include, but are not limited. to, reprciantations concerning Borrower's occupancy of the Property as Borower's prindpelresidence. 9. lirstadien of ]lender's Interest its the Property auk Rlow Under dds Seearrkty Iosbun at. if (a) Bwtowa Us to pe6mm the Ow aunts and spyraenrents coubdued in this Security Instrument, (b) these is a legal proceeding that -night sigrdHcantty affect tender's interest in the Prnpacty audlor rights under ft Security Fnstrame nt (such as a proceeding in bankncptcy, probate:, for aaademtation or foribidae, for enibreement of a lien which rnary attain priority over this Security Instrument or to eafawc laws or IENPr MANtASIM& Fa®ty-Faudh Mae/FeeMIG WW UNUMN VWMUNWr FOaS3! 10 40' 54732 hr6 U BKI968PG2587 41370606056 regWad=X or (c) Borrower has abandoned the Property, tben Lender may do and pay for whatever is .ressemable or appropriate to protect Lender's interest la the Praopcdy and rights under this Soapily hlsnvmea, including protecting and/or assessing the wizen of tite.Propuaty, and scouring and/or repairing the Property. Lender's actions can Include, but ate not limited on, (a) paying say sums secured by a Bert wbich has priority over this Security Lastrtipment; (b) appeadag in cocmt and (e) paying ressoamble attorneys' fees to protect its intereu - in the Property and/or rights under this Seorrity Instrunwat. Itiohding its seemed position is a baslmuptoy paocooding. Seaariag the Propedy -hwh dos, but is not [mailed to entering the Property to make repairs, change locks, replace or board up doors .and windows, drain water 5ram pipes, ellmloate budding at other coda violations or dangerous conditioru, and have oiifftles tanned on or off •Ak hohagb Leader may take action under- ibis Sacdm 9, Lender does not have to do so and is not -under any duty or obflgadion to do so. It is agreed that Leader ins rs no 6aidllty for not taking any or all actions authorized under this Sealer 9. Any amounts disbursed by Fender uodar this Section 9 shall become additional debt of Boaowcr scoured by this Security Instrument..1lmaa amounts shall bear interest at the Note rate item the date of disbursement and shall be payable. with omb interw% upon notice from [.ender to Borrower requesting payment. If this Security Imtrurneot is an a leasehold, Burrower shall comply with all the provisions of the lam. Borrower shall not surrender for leasehold extata and interests horeio oonveyed or twainste or cancel the WwAnd Jesse. Batrower shall not, without the eexprou written consent of Linder; alter or amend the ground lease. If Borrower acquires fee title to the Property. the leasehold and the fee title shall not merge unless Leader agrees to the merger in writing. 10. Mortpge Inmaroace. If Lander r Vnmd Mortgage Imtraoe as a condition of making the Loan, Borrower altar pay the premium 1eq*c d to maintain the Mortgage Iasunsnce in affect. If, for any reason, the Mortgage biouaance coverage requited by Lender ceases to be a"di able imam the mortgage Ineu m . that previously provided such insurance and Borrower was required to malm aspasviely designated payments towed the pretaims for Mortgage Inmuanoe, Borrower shall pay the ptemdtans required to obtain coverage Substantially equivalent to the Mortgage Insurance previously to effect, at a cost afttandally equivalent to the cwt to Borrower of -the b e iusurnoaxa previously in t tract, from an alternate mortgage low= selected by Leader. If tubsbintially equivalent Mortgage hwArsaoe covenge is not avallab* Borrower daall continue to pay to Lender the amount of the sepauddy designated. payments that. were dux when the Insurance coverage ceased to be in effect. Leader will secept, taan and retain these payments as a non- refundable loss reserve • in lieu of bloopile Ins ustim Such • low reserve shall be inn-reamdable. notwithataading the bet tbat the Loan is ultimately paid In fW. and Lwder sball not be required to pay Borrower any *Am* or earnings on such loss reserve. Lender can no longer require loan reserve paygm is if Mortgage' Insurance coverage (in the amount and for the period that Leader requires) provided by an Woo selected by Lusndar spin baoomes r4Wkb* is obtained, and Leader requites separately desipated payments toward the premium for Mortgage insurance. If Lender required Mmtpge lnsmsnce as a condition of takin the Low and Borrower w= rcq&W to make separately designated payments toward the pronitims fir engage Insurance, Harrower shall pay the premiurm r **cd in nialsitain Mmtppe Insurance in dfack or to provide a non-tefi"bi lass r+esucva, until Lenders requirement lbr Mortprgo Insunaoe ends in scoardsaoe with say written agreement between Borrower and Leader proviaiing ibr such teemleaden or until termlnatiueh is required by Applicable Law. Nothing In aria •Secdon_.10 affects Borrower's obligation to pay iarta- attlic rams provided in the Note. Mortgage Insurance toimbutses Lender (er any entity that puatobaaoa the Note) for certain losses It may meta' if Harrower does not tepaty the Doan as weed. Bamwer is not a patty to the blertpsge Jummaam Mortgage insia n evaluate their total risk an all such Insarsnea In force l1om time to time, and may enter into al is with other parties that abare or modify their risk, or reduce loses. Thin agreements are-an to rms and conditions "we sadsdetulry to tha•mortgap inaarer and the other party (or, psrtiea) to those ¦ , 37hese agraaramts may require the ma rkm Insurer to make payments using any.source of funds that the mortgage Insurer my have available (which may include fiends obtained from Mortgage Ituarmm purWDIUM41 . . As a msadt of tbese agreements. LendM any p wobaser of the Note, another insurer, any reiosumer, PENNnLVAt'!tA-gtngk Family Fannie MaWrardae Mae UNPOtaaai rf4t MUM XqT *a 34732 Page 7 of 13 Farm 3091[01 SKI968PG2588. ss7osoaess any other eatity, our my affiliate of any of the foregoing, may receive (diraxly, or indirectly) mnocmls riot drive from (or might be characterized as) a portion of Barrw*='v paymmts for Mortgage Insurmoc, in exchange for sharing or modifying the nmipgc insurer's tidy, or reducing losars. If such age cmc;ot pmidea that an affiliate of Lander Wm a share of the insurer's risk in owbpnge for a sheoe of the premiums paid to the imsnrer, die awwaameat. is of3en tented -cop five: rekasaneo." Further (a) Any such agreemenb•wfll not atlixt the amounts that Borrower has agreed to pity for Mortgage Insurance, or my other tame of the Gans. Such agreements will. net haarease the amount Borrower will awe for Mortgage )insurance, and they will net eaMe Borrower to any refund. (b) Any sorb agmusaab wdl not affect the rigkts Borrower has - If any - with respect to the Mort" Innrrame under The Homeowners Pr*bxdon Act of 1998 or nay other law. Than rkbb may Ltehsele the right to recelve certain disclosures, to request and obtain casings ion of the Mortgage Iatsmwece, to be" the Mortgage houram terminated aatumtatluft and/or 4o receive a rdkmd of any Mortgage ldasarance premiums That ware uaearded at the time of such auoa0ation or termis"wo. I.I. Assignmeaat of Mtseellswoen Proceeds; Forfeiture. All Minus Proceeds era hereby assigned to and shall be paid to Londoz If the Property is dammed, such bfiset llormus Proceeds Wall be applied to tectatation or repair of the Property, if the resmratfon our repairis economically feasible and Lender's seaueky is oat lessmod. During such repair and restoration period, Leader shall have the right b hold such Mboallancous Proceeds until Emdor has bad m oppothrulty to inspect such Property to causto the won* has bean eeanpleted to Lwda's satisfictim% provided that such inspection shall be undettato is prey. Lander may pay for the repairs and mtoratim in a single disbursement or in it series of progress payments as the wo& is completed. Unless an agreement is made in writing or Applicable Law requires interest so be paid on such Miscellaneous Proceeds, [.tinder sball not be required to pay Borrower any intern or a on such bus Pro=zis. If the roxmtation or repair is not economically fsaalblo or Landees, aonurity would be lesseooe? the Mhmilancous Proceeds shall be applied to the sums secured by this Security Imslnamart, whether or not them due. with the e=cm if any, pad to Bomi war. Such Misodlukwus Proceleds shall be applied in the order provided for in Seddon 2. In the event of a total taking, destruotian, or loan in value of the Property, the h&cellamrous Prooaeds shall be applied to the cams wowed by this Security instrument, whether of not than due, with the excess, if any, paid to Bo nowet In the event of a partial taking, destruction, or loss in value of the Property in which the A& mor act value of the Property immediately bofsre the partial tanking, destruction, or low in value is equal to or gawtnr than the amount of die sumo scouted by this Security Inswuncut immediately bolbre the partial taking, destruction, or loss- In value, unles Borrower and [.ender otherwise agree in wridmg, the sums secured by this •Swidty bet umemt shell be reduced by the amount of the h iscatiaaeauu Procee& multiplied by tba following fncdon (a) the total amount of the acasns secured immediately be:idnra the partial taking, destruo , at loss lo-value divided by (b) the Bair market value of the Proparty.•iramediasely, before the partial taking, destruction, or-low in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss to value of tbo 'Property in which the fair market value of the Property immediately, before the padW W& & destructioN. or lose in value is less than the amorist of the sums secured immediately, •befat+e the partial taking, dorms Lion, or loss in value, unless Borrower and Lander otherwise agree in wcitiug, the M welloneouus Proceeds shall be applied to the au? secured by this Security Instrument whether or not the sums are then due. If the Property in abandoned by Danvo-er, or 14 of cr notice -by Deader to. Borower that the Opposing Patty (as defined in the area sentemc) otfemt to make an award to settle a claim ft damages, Hommmer fails to respond to Lender within 30 days after duo date the notice 1s Shea, I ttder is outbcrized to collect acid apply the Mfscellameoes- Proceeds either to.resrorattion or,tepair-of the Property or to the sans socurcd by this Sacuuty Instrument, whether or not then due. "Opposing Pargr" means the third party that owes Berro*w Miscellaneous Pwcn& or the party against whom Bonower has a right of action in regard to Miscellaneous Proceeds. Bom war shall be in default if any action our proceeding, whether civA or criminal, is begun that, in Leader's judgment, could result in fbrbeitmre of the Property or other material Impairment ofLender's Intet+eat PEtHMnVArflArtHv& Pandly Fannie r&*T eddk Use DWORK 9WEI tUat M *.?' 34732 Papa of 13 !Poem 3439 tNl 6K 1968PG25.89 6570609056 in the Property or sights under this Seourity Instrument. Boaowec can cure such a det cult and, if acceleration has occurred, reinau as provided in Section 19, by causing the action or pooxoding to be dismissed with a ruling that, in Lender's judgment. precludes boafetture of the Property or other material impairment of Lender's interest in the Property or rights udder this Serxrity Ira wont. ?he proceeds of any award or claim for damegea that are attributable to the impairment of Leader's Interest in the Property are hereby assigned and shall be paid to L crates. All bliscellancous Proceeds. that are not applied -to restoration or repair of the Property shall be applied in the order provided for in Section 2. 11 Borrower Not R,elmand;.Forbearance By Leader Not a Wakes Extension of the time Lander for payment or modification of amortisation of the auras secured by this Security Instrument 8x? a? or to Borrower or awW Successor in Inleoest of Borrower shall not operate rdaese die liability any Successors in•biercat of Borrower Lender shall not be required to commanoc proceedings against any Sucoessor In Interest of Borrower or to refiase to extend thnao for payment otherwise amortization of the sums sad by this Security rustrumentby reason of any demand made by the original Ho any Suacemors in Interest of Borrower. Any forbeennoa by Leader in era vising.any rigs or remedy indodiag, without limitation, Lmder'a acceptance of payments from. third persons, entities or Successors in Interest of Borower or In amounts less them the amount than due, shall not be a waivux of or preclude the exercise of any rigid at remedy. 13. Jalat and Senor al Mability; Co-elpats; Sumesso" sad A"*M Boaa d. Bwowff covemmea and agrees that Borrower's obligatiome and Wbiilty shall be joint and several. Mowers:; any Horrower who c"Wa this Saxony Imatruawnt but does Dot exocuto the Note (a'ea9ipw): (s) is co-signing this Swurity Instrunuat only to moctgegei Brant and convey the oe4por s iater+est hi the Property under the trans of this Security Inat meat; (b) is not personally obligated to pay the stuns seared by this Security Iastrumaat and (o) agrees that Lander and any ether Bamawer ram agree to extend. modify, fo*w or make any accommodations with regard to the tams of this Seaaity Instrument or the Note without the eo-aiWWes consent. Subject to the pirwAskm of Section 18, any Successor In Interest of Borrower who asaamnw , shall obtain all 'Borrower's obligations under this Seeueigr instreffihmt is vvritinig. and is approved by Lender of Borrower's dgbts and beneffts under this Security instrument. Borrower shall not be Weased 6om Borrower's obligations and liability under this Security Instrument tales I.eadar agrees to such release its writing. The cowmsnis and agreements of this Scatuity instrument doll bled (except as provided in Section 20) and benefit the successors and assigns of Lender. . 14. Loa Charges. Lends nay charge Borrower. foes 'for services performed In connection with Borrower's debutt, Ibr the purpose of protecting Lender's interest in the Property and rights under this Security Itaft must. inoltding, but not limited to, attorneys' few, property inspection and valuation fees. in Mpard to any other few, the absence of express audwrity In this Security Imbvsaaut to dw pe a specific fee to Borrower "not be cowtrued•as a probibitiom on the charging of such fee. Lander may not charge bra that an expressly prohibited by difs Seoutity Instrument or by Applicable Law. If The Loan is subject to a law which-sets mareimemt loan charges, andthat law is finally i mqm tad so that the interest or other torn charges collected or to be collected In connection with the Lean eaAaad the permitted limits, those (a) any such lean charge shall be reduced by the amount necessary to reduce the charge to the p limit; and (b) any emu already collected ttom Borrower which exceaded permitted limits will be refiunded to Borrower. Under may choose to make thin refaced by 1 m & - ing the ' 1 > o ? the under the Note at try making a direct payment to Borrow= If a refund roderces paindpai; be treated a. a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the NotO Boa we es acceptance of any such refemd made by direct payment to Borrower will constitute a waiver of any right of action Borrower mutt have arising oraof Mich overcharge. 1S. Notices. All notices given by Harrower or Lender in conmce" with this Security Instrument most be is writing. Any notice to Borrower in connection with this Security hokumont shall be deemed tq have been given to Borrower who mailed by first class mail or when actually detivmod to Borrower's notice address if seat by other means. Notice to any one Boaower shall constitute notice to all Borrowers unless Applicable Law expressly •requirce otherwise. The notice ad*= shall.be the Property Address unless I-ErMMVA?RASio6le:Fanny-Isar¦LKdFesdMeMs&UN1FORMT1OrFRU11r9J r A` 34732 Prigs 9 ex' l3 Form J6r41Nn BK I 968PG25'9.0 637401036 Borrows has designated a substitute notice address by no" to Lender. Bauw*et. shall lrocaptiy notify Leader of Borrower's cheap of address. If Leader speaific s a procedure foe repotting Boaower's cheap of address, then Borrower shall only report a change of address through that spe dfied procedure. There may be only one designated notice address under this Security h wwummt st any me time. Any notice to Leader shall -be given by defived»g It or by matting it by first class mail to L xxWs address stated herein unless Leader has designated wotber address by notice to Borrower Any notice In comcedm with Ihia Secwih' Instrument shall not be deemed to have been given to Linda' until actually received by Leader. If any notice required by this Security Insaunne t is also required under Applicable Law, the Applicable Law requirement.will satisfy the corresponding roquiremeat under this Seats* laskumenL 16. tOvarrdag Law; Severabli1q; Rules of Comstrudtow This Security Instrument shalt be governed by federal law and the law of the jurisdiction In which the Property is located. All rights and obligates contained in this Security InstJkumeatt we subject to say and limitations of Applicable Law. AppticshI Law might explicitly or bnpiiaitly allow the patties to agree by cones or it Might be allent, but such silence shell not be construed as a prohibition against agreement by eonksat. In the. event that ary provision or clause of ibis Security Instrument or the Note core ficts with Applicable Law, such contact shall not affect other provisions of this Scanty Iastrhamemt or the Note which can be giver effect without the caadic Ling provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and inctudo caatrspouding seats wards at words of the feminine gender, (b) words in the shagtrlar shall mean and includo the plural and vice vases; and (c) the word "may" gives We discretion without any obligation to take. any action. •17. Borrower's Copy. Borrower, mhall be given are copy of the Note and of this Security bnsaurment. I& DwasSer of the Prepcrty or a Beneftial Interest ba Horrs w. As used in thin Sorties 18, "Interest is the Property" teems any legal or baneficial interest in the Property, including, but not limited to, those beneficial interests trsnefened In a bond for deed, contract for deed, installment sates contract or escrow agreement, the intent of which is the 1 uana6 of title by Borrower at a ire date to a purehosec Hall or any part c1 the Property or any Interest In the Property is sold or hmkrmd (or ifBam wer is not a sustund person and a beneficial Interest in Borrower is sold or trmaferred) without Lcoda a prior wnum • consent, Leader may require inu sediate payment its full of all sums secured by this Sochnity Instrument. h'slowever, thin option shall not be excreiiaed by Lander -if such exercise Is prohibited by Applicable Law. If Leader exercise this option, Lender shall give Borrower notice of aoeeietstim. The notice shall provide a period of not less then 30 days tram the date-the notice is given in aecardance with Section 15 within which Borrower mist pay all sums secured by this Se purity Instiramemt. If Borrower fails to pay these sutras prior to the c;pintion of this period. Lander may, invoke any remedles permitted by this Security Instrument without fimther notice or demend an Borrower. 19. Sor w?er's Right to Rebwaste Auer Acceleration. If Borrower meets certain conditions, Bommer shall have the right to have aducement of this Secretly instrument ditomdwed at any time prior to the asrlicst of. (a) live days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Barower's right to :einstwe; or (c) entry of a judgment cofordug this Seautsty Isar mtatt. Those condition are that Borrower-0) pays Leader all sums which thin would be due under this Security hw rumeot and the Note as if no acceleration had ocmrrcd, (b) -cures any default of any other aovensnts or agreements; (c) pays all. Manses Incurred is en&rcmg this Security Itdtumeak, including, but that limited to, reasonable attorneys, flees, property inspection and vshuation fees; and other fees incurred for the purpose of protecting Leader's interest in the Property and rights under -this Security Instrument; and (d) takes such sedan as Lander may reasonably require to assure that Lendces Interest in the Property and rights under this Security Inskumcnt, and Borrower's obligation to pay the sums secured by this Secmity Insaument, shalt continue unchanged. Leader may require that Borrower pay such reinstatement wane and ecgw men in one or more of the following forms, as'seheeted by Leader. (a) *ash; (b) money order; (a) oertified check, W& check, trastwer's chock or cashier's check, provided any such cht& is drawn upon an institution whose: deposits are insured by a federal PENNMVANIA.Siga & Fermis-Frank MocsTreddk btec t>MFOBM tPISi8I1KW •' 347.32 Pad" to at 13 Fern 3139 IM SKt968PG259 9a7060i06a 1 agency; iusttumentatity or entity; or (d) Eleolroroo Funds TtanefeG Upon reinstatement by Bosowe:r, this Security hwhu cant and obligations mid hereby shall remain My effective as if no accele m m had occurred. H wam this right to tsinstate shall not apply In the case of acceleration under Section 18. 20. Sale of Iota; Cha¦ge of Umm 8ervieer; Notice of Grievance. The Note or a partial Interest In the Note (together with this Security Instrument) can be sold we or more times without pder, notice to Borrov m A side might result in a change in the entity (known as the "Loam Service e" that collects Periodic Payments due under the Nutt and this Security Instrument suxi performs other mortgage loan servicing obligshow under the Note; this Security Instrument, and Applicable Law. That also might be one or more e mqp of the Loan Servicer umeolatad to a sale of the Note. If there is a change of rho Lou Scrvioer, Borrower will be given. written notice of the change which will slats the same and address of the new Loan Samoa, the address to which payments should be -made and any other 6rf ussuon RESPA requires in won with a notice of trsns&x of servicin& Nthe Note is sold and thereafter the Lout Is seuvlowl by a Loan Servioer other these the purchase of the Note, the mortgage loan servicing obligs&w to Sommer will remain with the Loan Servicer or be trarwhrrsd to a succe" r Loan Savicer and ate not assumed by the Note purchaser unless otherwise provided by the Note poc aser. Nekbor Borrower nor Leader may eowmencn, loin, or be joined to any juddal action (as either an individual HdVM or the member of a class) that miser tbnm the other party's aodow pursuant to We Seouity Instrument or that alleges that the other party has breached any provision a& or any duty owed by reason o& this Seatdty Inattument, until such Borrower or Lender has notified the other patty (with such nobles given in compliance with the requirements of Section 15) of such alleged breaeb sod afforded the other party harem, a ressomble period after the giving of such notice to take consudive action. If Applicable Law provides a time period which must elapse before certain sexton can be taken, the time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cuts given to Sommer pursuant to Swdon 22 and the notice of acccluatioo giver to Sommer pursuant to Souaion 18 shalt be dexmad to satisfy the notice sod opporturdly to take corrective naion provisions of this Section 20. 2L Hazardous Subskoce s. As used is this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following subata»cas: gasoline, kerosene, other flammable of recede pexrolcum products, toxic pesticides and herbicides, volatile solvents. materials containing asbestos or formaldehyde, said radioacdve materials; (b) metal Law" means A deaai laws and taws of the jurisdiction where the Property is located that mlate to healdt, aft or atvi aameatal pmuctlm; (c) "llavironmaotal Cleanup" includes any response action, reaehdud action, or a nsovai action, as defined in Paviesemem?l law; and (e1) an "Envkmneatal Condition" means a condition Chit tsar cause, oontritsrte to, or otherwise Wow= Eaviratmental Cleanup. Sommer snarl not cause or permit the presume, uwe dbpood, storage, or release of any Humak era Substances, or theatres to release any Hmmdous Substances, on or In tie Prapcrty. Summer shall not do, nor allow anyone elu rto do, aayd ag affecting the Property (z) tier is in violation of any R.nviromnental Law, (b) which creates an Fa6mamenral Condition, or (c) which. due to the p, 4 e m, use, or release of a Hazardous Substance, creates a ooacdilion that adversely aftcM the valm of that Property. The preceding two sentences shall not apply to the Weseaoe, use, at storage on the Property of small quantities of Hazardous Suhstaocca drat are gaaaalfy raxugnixcd to he appropriate to mornul naidentid uses and to ntahtbenenace of the Property (fnclu n& but std limited to, hazardous. subihoeat in ooasww pmdcads). Borrower shall promptly give Leader written notice of (a) mW iovestrgoti=4 claim, deumnri, lawsuit or other action by cry governmental or regulatory agency or private party involving due Property and any Ha=rdoto Substance or, Emu l Law -of which Sommer has actual knowledge, (b) any Enviromma tal t,omdittoao, Including but not limited to, any spillla& taakiv& dfse mqM relcm or threat of release of any Htmdous Substance, and (c) any condition caused by the pssaxx, use or release of a Hsrat+douu Substance which adversely affects the value of the Property. H Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that shy x val or odw re mediation of any Hazardous Substance acting the Property is necessary. Borrower shall pnxW dy take all necessary remedial actions In accordance with Utvironmeatal Law Nodit herein shalt create any obligation on Leader for an Euviroame:ntal Cleanup. PS WMVANU-6Jz le Fas>'b-Fande IKae ffNddte Mae UNIFORM UYSTRUKEN'f 0& 34732 Page 1 i cf U Fbrm 30310 Uat 6KI968PG2592 eS70i0105i r WON UNIFORM COMAN S-Borrower and Lender S,adta covenant and sg= as Ulm: 22. Acceleration; Remtdles. Leader shall give notice to Borrower prior to acceleration *&owing Borrower's bread of any covenant or agreement IA this Security Isobvatent (bat sot prior to anderadon ender Section 16 utdess Applicable Law provides odwr*lse} Leader :ball soft Bwrower of, amaoatq•ether ddngn (a) rho default (b) the action required to court the default; (c) whca the default -mast be cured; seal (d) that tailwre to care the default as specified may rant hi a=du'sdm of ties auAls sacuTed by this Ssmrity InstOment, fttreelesara by Judicial, proeeedins and sale of the Property. Lauder shall fw*er tuft an Borrower of the rW to reinstate after acceleration and the r*bt in assert in the freclosare proceeding the non-existence of a dsbah or any other defense of Borrower to acceleration and fbreclwum N the default Is mot cored as spai9ed, Leader at its apdoa may regain immediate payment In full of 4 tams secured by this Security insummosit without fartiter demand and may Swedwe this Seearlt71eet by judicial proceeding. Long doll be cudded to collect all expenses Incurred in pursuing the remedies provided in tbis Section A badudf% but ant limited on, adwasys' fees and costs of title avidence to the extent permuted by Applicable Laws 23.-Rd ass Upon payment of all some wound by this security Iaetniment, this Security Ind and the estate oenveyed 64 iermntate and become void. After such occurrence. Deader shall discharge and 'satisfy thin Set tally Instrument Borrower shall pay any recordation costa Lender may charge Borrower a fee for mkas* this Security Instrument. but only if the fix is paid to a third party for services neula+ed and the dnr&g of the ft Is permitted under Applicable Law. 24. Walwrs. Borrower: to the cxA tt permitted by Applicable Law, waives and releases any am or detects in proceedings to sm??diix ti6n. e?sion of time. and bareby waives the benefit of any exemption ftnm adachmont+ levy and ale, and future )a" pawidsB for Stay • homestead eaemnpdm 25. Reinstatement Period. Borrower°s time to reinstate provided in Section 19 *4 extend to one hour prior to the coameocament of bidding at a shaWs sale or other sale pursuant to this Security Instrument. . 26. Purchase Money Mortgage. If any of the debt wcured by this seoui* Instrument is lent to Borrower to acquire-title to the Property. this Secur* Instrument shall be a parchssc money mortgage. 27. Interest Rata After Judgment. Borrower agrees that the interest tabs payable aR.ei a judgment Is accred on the Now or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. BY WN] Vt3 BELOW, Bomwer accepts and agrees to the feints and covenants eontalned In this Security Instrmiant and in any Rider executed by Borrower and mcmded with. it W 11 .1111 SEP9 1111 in* - 11111, 1-4015401M - APIMMY t)ttM 1i - DATX rERMnVANiA-S1na1e Family-Fmwk K&dFcedit Nim UtVtl? RK IiVMUM MT 49% 347.32 Pap 12 or 13 F.rm ?391m A1968FG2S9'3 x edw 7 STATE OF COUNTY OF r. Am. e570i0sess nay before me, imdesigned officer; peisas aHy appeared k nom- to me ((Pr eaddm*wily pmm) to be the person(a) whose natne(a) n1we subHaibed to the within iaattummt sad acknowledged that helaholthey executed the same ttir the purposes therein contained. In witness whereof, I hereunto set my band and official seal. ..afi .N011tiAL SQL 3%20 CFR MCATE OF RESMENCH- I do hereby certify that the correct address of the within named Lender is 518 HR== 827RFET, HIM CaM RLMW, PA 17070 witness my hand this 29TH day of OXPT1Dl ZR, 2006. Z+@11OMAMA.9inee Feeoily-Famie W"Mmuls Mu RN1 oom IN$iitUKWT *Y' 34732 Page 13 of 13 Form 30391/01 BK:l968PG2594 1 4 FAMILY RIDER (Assignineut of Rents) on= rows as7o4ososa HN.1000210657osasesso TM l-4 FAMILY RMEIL is nnade this 29= day of oXpT=MXR, 2006, and is iaaarpm*W into and shall be deemed to ameod and stipplcment the Mortgage, Decd wf Teas! er Security Decd (the "Soauity dastrume ut") of the same date given by the undid (the "Borrower") to $am* Borrower's Non to gLu Fttnlll XAL COR PATION t>itW? I AZLZs X= MDR3G"n (the "Lender") of the name date said covering de Property described in the Seem* Instrument and Jwoatcd At I CUTER RA, KOLA., PA 17 025 [ftV" Addtea]. 1-4 FAMMY COVENANTS. In addition to de covenants and agrecmcuts made In the Security leatrurmt, Dommer and Lender Arty Bova um And agree as tone": A. ADDITIONAL' PROPERTY SUBJXCr TO THHL SECURrrY INSTRUMENT, In addition to the Propce<y described is Sconrity'? t, the follwwing items now or hereafter attached to the Property to the c** they ant fitdwrrs are added to the Property description, sad shall also owsftda the Property covered by the Security bM m ut bwlding materials, appliances and goods of every nature whatsoever now or butatkr lace in, eta, or used, or intended to be used in eounecdoo with the Property, indure#ng, but not liaaimd to, those for the purposes of supplying or diet uNng buting, cooling, electriaby, gee, water, sin and light, fire prevandoo and eafisguichiog apparatus, seoerity and access eoa ml appanahns. pbmabiag, bath tubs, water MM M waver delete, ainka. ranges, Bremen, =AigoraUm diab washem disposals, washers, dryers, Muftgp, storm wnW&,,a, stwem doers, =mesa, blinds. shads. ctanadas and autdn Ms. attached mirrors, osbineta, panning and aftwbed Boor coverings, all of which, iaoluding nFlacameub and adMom thereto. shall be deemed tw be and mein a pert of the Property covered by the Smw* Imarumeot. All of rho foregoing wgetbw with the Property described in the Security 109niment (o the leasehold es We if the Sextalty IasMment is on a leasehold) ace referred to is this 14 Family Abler aed due Seaulty b*umoat ere the "Prop"." B. USE OF PROPEZiTY; COMPLiANC19 WITH LAW. Bwnwwar shall not seek, agree to or ma&e a daagt in the use of the Property or its morning classifiention, unlde Leader has agreed in wdting to the change. Bwowrs sball comply wM all lava, ordinsocea, regulations and MULTISTATE 14 FAMRX REDER-- hank MaeWrcMe Mae tJMMAM to MUhMNT *1 32.M (2.0PS! Feco31701101 BKI.96BA2595 OS706ae6Si roquirec om of soy gove mnaentai body applicable to the Property. C. SUBORDMATZ IXENS. Except as permitted by federal law, Borrower shall not allow arty [lest infrrior to the Security lurtriurmt to be perfeeted agedtast the Property without Lender's prior written permission. D. BELT LOSS IIOURA.ML Harrower shall maintain insurance against rent loss in addition to the other ha ads Aw which insurance is required by Section 5. 9. "BORRAWRR'S RIGHT TO RZR(ffATE" DZKXTM Section 0 is deleted. V BORROWER'S OCCUPANCY. Unless Lauder and Borrower otherwise agree m writing, Section 6 eoneaming Borrower's oc atnpanoy of the Psopetty is deleted, G. ASSIGNMENT OF LEASES. Upon Leader's request attar dehuly Borrowetr shall assign to Under all leases of tine Property and all security deposits head- in connection with loam of the Property. Upon the asdgm=4 Leader shall hale the right to modify. extend or terminate the existing kases and to execute crew leases, in Gender's solo disocedon. As used in this paragraph G, the word "lease" shall mean "sublease" if the Security lostruomot is am a leasehold. H. ASSIGNMENT OF R M; APPOINTMENT OB WMEMCM, LENDER IN rOS OSION. Borrower absolutely and unconditionally assign and transttirs to Leader all the rents and revenues ('Rents' of the Property, regsrdlests of to whom the Rents of the Property are payable. Bodrowa audwrh= Lander or Grader's agmb to collect the Rents, and agrees that each tenant of the Property ahabl pay the Rants to Leander or Lender's agents. Howem Boaower shall receive the Rents until (1) Lender has given Borrower notice of de&dt pursuant to Section 22 of the Security Instrument and (li) Lender has given entice to the tenant{,) that the Rants are to be paid to Lender or Lender's agent Mda anigamwt of Rerun constitutes an absolute assignment and not an assigmment fur additional security only, If Lender gives notice of de6ult to Borrower: (f) all Rents received by Borrower shall be held by Bonoaw as trustee for the benefit of bender only, to be applied to the sums secured by the Security Instrument; Cu? Lender shall be etdded to collect and receive all of the Ranrts of the Property; (M) Borcvwrr agrees that each truant of the Property sW pay all Resets due and unpaid to Larder or Grader's agents upon Leader's wdeatt danand to fire tenant; (iv) unless applicable law provides otherwise, all Rents collected by Grader or Leader's agents shall be applied first to the costs of taking control of and managing the Property and collecting do Raarts, including, but not limlted to. attorney's feces. receiver's fees, preanlu rn od reoei4c is bonds, repair and maintenance cos% insurance premiums, taxes, arse nments and other charges an the Property, and than to the sums semered by the Socurby Inst umnt; (v) Lender, Leader's agents or my„ judicially appointed receiver shall be liable to account for only time Reams acbmlly received; and (vii) Lender shall be entitled to have a receiver appointed to talm possession of and assnegs the Property and collect the Rents and profits derived from the Property without any showing as to the insdequscy of the Prope:ttyu sectmty. If U Rents of the Property an not sufficient to cover the costs of taking control of and manalps the Property and of collecting tiro Rem any Wads expended by Leader for such pwpesea shall become indebte s of Borrowa to Gmemr secured by the Security Imtrument pursuant to Section 9. Borrower represents and warrants tbat Bom werhas not executed any prior assignment of the Reacts and bas not performed, and will not perform, any ant that would prevent Lender ftm exarcising its rights under this paragraph. Leader, or Lender's agents or a Judicially appointed recover. shall not be required to enter upon, taice control of or maintain the Property b4= or fiber giving notice of dc&ult to Borrows: However, Lander,' ar Lender's. apme or a judicially appointed ftoeiva, racy do so at any time when * debult occurs. Any application of Rants d aU not aura or waive any debult or invalidate any other eight or remedy of Grader. Tbia •aseig meat of Rem of the Property shall terminate when all. the sues secured by the Saaudty Instrument am paid in A& I; CROMI-DEEtULT PROVWOK Borrowe es de6wh or branch under nay note or agreement in which Lender has an interest shall be a breach utde r the Security lnat ument and MO1.73MTS 1-4 PAMI Y VWCB-- Ferrate MadPrcddta Mac MWORK iNSTRUNFXr 32-U (2vf$p rw) Farm 3170V41 SK-1 96-8;PG 2 5.9.6 ., a 4. 857003036 Certify this to be recorded to Cumberland -County PA •i IIN Recorder of Deeds UMTWr=14 FAMILY R=R - Firms Mae/Frtddk Mee UNRFORM U41MUMEW 196 32.34 0 00 PWO For=31701101 Y I OK 19.68PG25.:97 SCHEDULE C Legal won Commitmfent Namber. GR06-1262REP ALL THAT CERTAIN piece or parcel of land,sltuate In Fast Pennsboro Township, Cumberland County, Permylvanla, bounded and described as follows: BEGINNING at an Iron pin on the northern line of Lot no. A Section A, on the hereinafter mentioned Plan of Lots, 117.5 feet West of the•westem -line of Chester Road, on the southern One of a 15 foot wide alley; thanoe through Lots 8 and 9 South 09 degrees 30 minutes East, 95 feet to an Iron pin; thence along the northern line of Lot No. 10, South 80 degrees 30 minutes West, 50 feet to an iron pin; thence along the eastern One of a second 15 foot wide alley, North 09 degrees 30 minutes Went, 95 feet to an iron pin; thenoe along the southern One of the 15 foot wide alley first aforesaid, North 80 degrees 30 minutes East, 50 feet to a point, the place of BEGINNING. BEING the western 50 feet of Lots-Nos. 8 and 9, Sectiori "A" on the plan of West Enola, said Plan being recorded In the Office for the Recording of Deeds in and for Cumberland County in Plan Book 1, Page 29. BEING Known and numbered as i Chester Road Rear, 1:9.;68 PG25S..8 STEW.A.RT TITLE f? ff i P ? ?. V.M I. i\ M A ? M V Exhibit D 0 Mooc8cil N o JI SM Hnnndal D ATION &GBPWIN-T- Low # 8VM056 This agreement is made this 15th day of August, 2009, between. SLM Financial, a Delaware Corporation, and Anthony Owens EL property Address: 1 Rr Chester Road, Enola, Pa. 17025 In this modification Agreement (the "AV=nc fj the words "P', "me, and "my" mesa each person individually and jointly wbo signs this Agreement. The words "you", and "your", and the Bank mean SLM Financial Corp. As used in this Agreement, the words "you and your" also include any person or entity that takes the loan evidenced,by the Loan Documents d dew below, by purchase or transfer. WFMREAS, I have received a loan evidenced by a promissory note to you dated-9-29- 2006 (the "Note-) secured by a Mortgage of the me date recorded as Document No. in ?$' Pagejof the Official Records of County, (the "Security BookjO Instrument"), which Note and Security Instrument may have berended (collectively, the "Loan Documents'); P144 oq " 14 bEgq - Z2 WHEREAS, I have requested that you amend some of the tams of the Loan Documents; NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, you and I agree as follows: A. AMENDMENT Of LOAN AOCUINi Effective the date of this Agreement or such later date as may be specifically described in this Agreement, the Loan Documents are amended as follows: The date on which interest begins to accrue according to the rate option checked above, if different from the date of this Agreement, is 06-01-2009,1 Interest will continue to accrue until all amounts due under this Agreement and the Loam Documents have been paid. If a court finds that I have paid an interest rate in excess of the maximum rate, you will fast apply all amounts you have collected in excess of this rate to payment of principat of my loan, and then refund any remaining amounts to me. MOM Adams: P. 0. ft 3409, Wftk g M, DE 19804 Street Address; 300 QWft=W MK i South, Newark, DE 19713 Phone: 302.283-8000 Tog Free: 800-559.3220 Prepared by: Sharvion Mhatek r 2-?. Old P 93 938 N P ' a t gQI.M Old Int Rate 7.525% New Int .Rate Z M Old t Date 10-1 2036 hjM I hate ?S-I ZM tlid i.oaa Tenn 358 urea NM Lgan TM 48Q 0 MO urea ... (a) Amount to mall in.to.comple+te this loam moMiication_is $- 801 14_, The following payments will be included m this loan modifcition: July and August 2049. Above fnmds will be posted as flue escrow portion of the July and August 2009 paymoent. Your total payment inchWing escrow is $1,202.49 beginsing September 1, 2009. (b) () other: Payments shall be made at the place you designate. AUMments shall be applied in this order: (a) to any costs of collection (tacluding attorney fees) to the extent permitted by law; (b) to accrued and unpaid interest; (c) to reduction of pfincipai, 3. Late ChM If you have not received the full amount of say monthly payment by the end of NA calendar days after the date it is due, I will pay a late charge to you The amount-of the late charge will be NA NA % of my overdue payment of principal and interest. I will pay this late charge promptly but once on each We payment. B. IVIODIPICAMOU FEE I agree to pay you on or before the date of this Agreement a foe in the Amount of S NA repr a 4iug NAA points an the amount financed is the Note. C. DOCUMENT PROCESSING} FEE 1 agree to pay a documentation processing fee of S-NA in connection with this ajpxxneot. D. SECURIW 1TUBMT The Security Instrwnent is intended to secure all obligations under Note as modified by this Agrleement. This Agreement shall neither (a) affect your amity intereest in, or lieu pdarity on, the property described in the Security Interest; nor (b) be constructed to be a satisfaction or partial or total release of the Note or Security Instrument. I df in our judgment it is necessary to take action to preserve the security intctest andlor r the lien?priority mftd by the Security Insirtmmot, I will assist you m such action- Such assistance may include, but is not limited to, executing additional documents and providing additional inforrnadon. i E. QTM LOAN TERMS } . Fxcopt as amended by this Agreement, all teams and conditions of the Loan Dom shall remain in full farce and effect. 2. You 0 not waive y9w right e: (a) prohii*. or restrict any fixture ==dmcnb I my request or (b) enforce any ofyow rights or remedies under any of the loan Documents. F. ?st,LLArIEOUS The effectiveniss of this Modificatim is also contingeat,upon: a. The nWdng, delivery, and execution by me of any and all documents as you or your attomeys may reasonably request to accomplish the purposes of this modification. b. The original note holder/lender bas obtained appropriate tide insurance policies or•,endorseceneats insuring the position of prka4 of the Security lnst rinuents not less tban the position of priority of said Security Instrument when it was originally recorded. 2. 1 hereby request that you condition My- implement ft moMcations provided for hernia as of the date of this Modification Agreemcut Irrespective of the fact iucluding the items gmdfiied above, are not subsequently satisfied, you may declare by written notice to me 69 the modifications provided for herein are not effective and you shall reverse any entries made prior thereto. I In the event of any conflict between any provision of the Agreement and provision of a Loma Document, the pmovWwm of this Agnmment shall ovntrol. t. You can appoint any person or entity to: (a) service the loan evidenced by the Lawn Documents; and/or (b) talon any action nuecessmy to accomplish ft modification descdbad in this Agreement. Paw i??t;r?;r:u.w , ";LYrsr f+ t^!!r.'r•ct+: I . ! 1 INN wr NESS WHEREOF, theparties hemto have cxwAtBd this Avvement as ofthe date firs rlaLlagJ. BORROWER: „ (Wi6es8 Anth (Witness) SLM By. (sue) CORP. STATE OF:. f v COUNTY OF: '-)Uw hoe q BE IT That on this of sv? before me, the subm Mw=Hy Joanne M Jackson, Vice President of SLM Financial Corporation, satisfied is the pusam? who signed the within Apmmu t, and belshe acknowledged signed, sealed with the cogxxate seal and delivered the sama as awl offices doresaW the within Agreement is ft volwwy act and deed of such cogwration made by V" Resolution of its Board of Duectors. . ?. M , STATE OF: h n,s' y /v,2 f? COiT M OF: b6n1,1 ?} " +a. annoy 8141* of "n COMM561M EKO""AW 15, 2011 BE rr REMEm BERED THAT,oN 'HIS &' day of ?+ , Be are rue,.tbe subscriber, personally appeared Anthony Owens II , who I am satisfied, is/are the persona(s) who signed the within Agreement as Borrower, and they acknowl that they signed, sealed and delivered the same as their vo act and decd. /A 1 1A finM OF NM LVANIA Notary norr.sad ftwF."ft w," P,*ft MQqq?0? inlftv&MqftQ" II??Ctinrnrelcn 6CA'ei 11Ary 39, 2017 v of NoWrIa M91110 PMM. M,-u, Mx s;vJ, nVi na ii $ueet AMMSS: *.UU f4WMI M UnVe, I hCHIM. NeWarl, Vt ly/11 tjhw: *AMP-jX440lu TOO RAP,' 111111-'554•X'!,"ldt Prpcwpd by St,annon "IVApk Exhibit E Conrad O'Brien.c Vincent T. Cieslik skvdwuw Dhva Dhk 215.SZ'f.8316 vcr?h'lo®coar:rlobmen.coar ACT 91/ACT 6 NOTICE TO TAKE ACTION TO SANE YOUR T1OM[E MOM FORECLOSURE NOTICE OF INTENT TO FORECLOSE May 17, 2011 VL4 REPULAX AND GF1?TJ F= MAIL AMIN RCOL Anthony Owens, U 2398 Camby Sbft:% Apt. 2 Harrisburg, PA 17103 Anthony Owens, R 1 Chester Road Enola, PA 17025 RE: Notice of Intent to Foreclose First Mortgage gn 1. Chester Road, Enola, PA 17025 Loan No. 070600% Our File No. 1583-81 Dear Mr. Owens: This letter is an attempt to collect a debt and any information you provide will be used for that purpose. NOTICE.OFMTENTION TO FORECLOSE MORTO.4GE. This is an official notice that the mortgage on yodr home h in defauh, and the lender intends to foreclose. Specific information about the nature of the default Is provided in the attached pages Earlier this month we sent you a Notice of Intention to Foreclose on your second mortgage related to this property., that was Account Number 8570608057. This Notice relates to your first Mortgage. 1040 Kings Highway Nordi, Suite 600 Cherry HiA NJ 08034-1921 1 T: 856.309.3373 1 P. 856909.3375 1 www.conradobrien.com This Notir4 contains boWnW legal information. If M hayg_M q ions help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA DOORTANCIA, PUES AFFECTA SU DERECHO 'A CONTINUAR VIVR NDO EN SU CASA. SI NO COMPROHENDE EL CO T1D0 DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION R MEDITAMENTE LLAMANDO ESTATA AGENCIS (PENNSYLVANIA HOUSING FINANCING AGENCY) SIN CARGO{ AL NUMERO NEMCIONADO ARRIBA. PUEDES SER ELMIGLE PARA UN PRESTAMO PRO EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM' EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Homeowners' Names: Property Address: Original Lender: Anthony Owens, II 1 Chester Road, Enola, PA 17025 SLM Financial Corporation HOMEOWNER'S EM ER.GENCY 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 CIRCUMSTANCE BEYOND YOUR CONTROL. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND _2,. neanng can call (7,17) 780-1869. IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA. HOUSING FINANCE AGENCY. TEMPQ fiA STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary, stay of foreclosure on your mortgage for dArty (30) days from the-date. of this Notice. During that time you must arroge and attend a "face-to-face" meeting with one of the consumar credit couns0j?. a gocW- listed at the .smd of this Notice. T) 1 G 11NA15M D?C+G.'?R O S IT COUNSELING AG CiES - if you meet with one of the consumer CUP cralit ageiicics' listed at the oid of this ntotire, the lep may NOT take action against you for Of your intentions. one face-to-face meeting. AP LICAT ON P'OR 1 O T„VA A?SI?TAI+ -Your mortgage is in default ,for the !'I-q 1 I I 1 1 1 III P ! 11 I 1? I I TII ? reasons sot forth' late mi the Notices (s it 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 Ass3sttcePmgram Application with one of the designated consumer credit counselh* agencies listed at the. end of this Notice. Only consumer credit counseling. agencies have applications fbr the prngrait< 9"Id 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 1F Y U'DO NOT FOLLOW TIM OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME i MMKDIATELY 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 your property 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. -3- 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 (BIkE it up to daft J NATURE:OF THE,DEMAM; - The FIRST MORTGAGE being. held by the above lender on your property located at 1 Chester Road, Enola, PA 17025, IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months: February, March, April, and May 2011. You are presently 4 monthly payments behind. 4 monthly payments of $1,085.00 are overdue: You are also required to pay late fees in the amount of $120.27 and other charges of $42.19. TOTAL AMOUNT PAST DUE $ 4,502.46 B. YOU HAVE FAE,ED TO TARE THE FOLLOWING ACTION: Payingyour regular mortgage payment as noted above. HOW To CURE-THE DEPA.> II.T - You may cure the default within THIRTY (30) DAYS of the date pf this notice 13Y PAYING THE TOTAL AMOUNT PAST DUE TO-THE LENDER, WHICH IS OUTLINED ABOVE PLUS ANY MORTGAGE PAYWNTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD PLUS ANY ATTORNEY'S FEES, TITLE FEES, OR SIIERIFF'S FEES WHICH HAVE ACCRUED FROM TIM DATE OF THIS LETTER UNTIL PAYMENT IS RECEIVED IN FULL AT SLM. R@3Mg is must be made by either cash, cashiers' chocL certified check or money order made taxable and sent to: SLM via Michael Payne at SLM Financial Coip.,'300 Continental D&6, 2 South, Newark, DE. 19713. You may coiitact him at (800) 559 3220 - Extension 18330, and at Michael.fty0Ca4salliemae.com. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: Paying tfie full amount &fed above. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (3 0) DAYS of the date of this Notice; the leader intends to exercise its rishts to accelerate the wgIU se 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 -4- 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 unou your mortgaEed PrOID-Cift- IF ' THE IS FORECLOSEI) 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 ap. mst you, you will have to pay all reasonable attorney's fees actually incutred by the lender even if they exceed. $50.00. Any attorney's fees will be added to- the amount you owe the )= der, which may also include other reasonable costs. If you cuts tires wfthfn .the THIRTY 13-0) DAY ygrtod. you WM not be mulred to TJaY a rney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and ali other sums due under the mortgage. RIGHT: TO CIM THE MX& T PRIOR TO OMM'S- SALE - If you have not cured the default within the TMTY(30YPAY'peiiod and foredosure proceedings have begun, ro?u performing,any other reouuuments unde.r.the,mort e: Curing your default in the manner set forth, in this notice will restore your mortge$e to ,the same position as if you had never defaulted. EARX.XI3T POS3IDLE LHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the aetgal date of the Sheriff s Sale will be sent to you before the sale. Of couise, 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: SW Finandal Corporation Address; 300 Continental Drive, 2 South, Newark, DE 19713 Phone Number: (800) 559 3220 - Extension 18330 Fax Number: . (317) 806-7705 -5- Contact'Pe"on: Michael Mayne En Q address: Michael Pavne@salliemae com EFFECT OF ?'S SALE - You should re$lize that a Sheriffs 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. Aifi n PION OF NIQRL-.-GE - You may sell or transfer your home to a buyer or transferee who will assume the-mortgage debt, provided that all the outstanding payments, charges and attomey's frcs and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE = RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTTTIJ LION TO PAY OFF IMS 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 TIM 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 PROCEUING 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; AND TO SEEK PROTECTION UNDER. THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY NORTHUM?? COUNTY: CCCS of Northeastern Pennsylvania -6-, 31 -W. Market Street P.O. Box 1127 Wilkes-Barre, PA 18702 Phone: (570) 821-0837 OR 1-800-922-9537 Fax: ' (570) 821-1785 1400 Abington Executive Park, Suite 1 Clarks Summit, PA 18411 Phone: (570) 587-8163 OR 800-922-9537 Fax: (570) 587-9134/9135 201 Basin Street Williamsport, PA 17703 Phone: (570) 323-6627 Fax: (570)323-6626 PEIRRY COUN'T'Y: CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 Phone: (717) 541-1757 Fax: (717) 541-4670 Urban I.eat#ue of metropolitan Harrisburg 2107 N. 6 Street Harrisburg, PA 17101 Phone: (717) 234-1757 Fax: (717) 234-9459 Community Action Commission of The Capital Region 1514 Derry Street Harrisburg, PA 17104 Phone: (717) 232-9757 Fax: (717) 234-2227 PHILADELPHIA COUNTY: Acorn Housing Corporation 846 North Broad Street Philadelphia, PA 19130 Phone: (215) 765-1221 Economic Opportunity Cabinet of Schuylkill County 225 North Centre Street Pottsville, PA 17901 Phone: (570) 622-1995 Fax: (570) 622-0429 YWCA of Carlisle 3010 Strcct Carlisle, PA 17013 Phone: (717) 243-3818 Fax: (717) 243-3948 Financial Counseling Services of Franklin 31 West Yd Street Waynesboro, PA 17268 Phone: (717) 762-3285 Weathe ization Office 917 Mifflin-Street Huntingdon, PA 16652 Phone: (814) 643-2343 Fax: (215) 765-1427 CCCA of Delaware Valley 1515 Market Street, Suite 1325 -7- Philadelphia; PA 19107 Phone: (215) 563-5665 Fax: (215) 864-2666 Media Fellowship House 302 S. Jackson Street Media, PA 19063 Phone; (610) 565-0846 Fax: (651) 565-8567 PCCA 100 North 17' Street, Suite 600 Philadelphia, PA 19103 Phone: (215) 567-7803 Fax: (215) 963-9941 Comm. DeveL Corp of F'ranUord Group 4620 Onscon Street Philadelphia; PA 19124 Phone: (215) 744-2990 Fax: (215).744-2012 Northwest Counseling -Service 5001 N. Broad Street Philadelphia, PA 19141 Phone: (215) 324-7500 Fax: (215) 324-8753 HACE 167 W. Allegheny, 2' Floor Philadelphia, PA 19140 Phone: (215) 426-8025 Fax: (215) 426-9122 CCCS of Delaware Valley One Cherry Hill, Suite 215 Cherry.'Hill, NJ 08002 Phone: (215) 563=5665 Housing Association of Delaware Balled 1500 Walnut Strut, Suite 601 Philadelphia, PA 1102 Phone: (215) 545-6010 Fax: (215) 790-9132 Housing Association of Delaware Valley 658 North Watts Street Philadelphia, PA 19123 Phone: (215) 978-0224 Fear: (215) 765-7614 American Credit CounseliM Tnstitute 845 Coates Street Coatesville, PA 19320 Phone: (888) 212-6741 Phone: (610) 971-2210 755 York Road, Suite 103. Warminster, PA 18974 Fax: (215) 959-6344 144 E. Dekalb Pike King of Prussia, PA 19406 -8- PIKE C{)UN3i'Y CCCS- of Norkheastem Penn ls?van. a 31 W. Market Street P.O. Box 1127 Wilkes-Barre, PA 18702 Phone: (570) 821-0837 OR 1-800-922-9537 Fax: (570) 821-1785 9 South I" Street Stroudsburg, PA 18360 Phone: (570) 420-8980 OR 800-922-9537 Fax: (570) 420-8981 1400 Abington Executive Park, Suite 1 Clarks Summit, PA 18411 Phone: (570) 587-9163 OR.800-922-9537 Fax: (570) 587-913419134 Should you have any questions or concerns regarding the above, please feel free to contact me: Sincerely, j vincent T. Ciestik VTC/dak AIX Ln L °° E+ P ...,, , a• gn y cetOdwe t ? F?' ?" Q e (FiMlonrpnt 3 ?' y' SAY Z 7201).. DOW d S , <:' a' (?fuloreeme??Requled? nItlio p 23.9pp Lamb A 2: r.,_:. SSI arposow HarrUb (aj. i r y l C I A L =Of .k7 . Mr. oe7rm7aFee y . , . 7'101, 1 • q ca ?'iEridonee? id- - ' • t ne, • ' r C3 M1 TOW P~ a Fee. $ 6.14N TOW L 1? C .i _ . r• Q y ,? Q AnthOII OW8E9, II 1 Chester Road ? ._ ..._.. ' t ._ luola, PA 17025 RECEIPT FOR PAYMENT Cumberland County Prothonotary's Office Receipt Date 10/19/2011 Carlisle, Pa 17013 Receipt Time 10: 5:56 Receipt No. 266154 STEM FINANCIAL CORP ET AL (VS) OWENS ANTHONY II Case Number 2011-07949 Received of PD BY ATTY C IESDIK B Total Non-Cash..... + 92.00 Check## 16570 Total Cash......... t 00 Change ............. - .00 Receipt total...... _ $92.00 ------------------------ Distribut ion Of Payment ----------------------------- Transaction Description Payment Amount COMPLAINT 55.00 CUMBERLAND CO GENERAL FUND TAX ON CMPLT .50 BUREAU OF RECEIPTS AND CONTROL SETTLEMENT 8.00 CUMBERLAND CO GENERAL FUND AUTOMATION 5.00 CUMBERLAND CO AUTOMATION FUND JCP FEE 23.50 BUREAU OF RECEIPTS AND CONTROL $92.00 I ............. . Vincent T. Cieslik, Esq. (85500) Conrad O'Brien Centre Square West Tower 1500 Market Street, Suite 3900 Philadelphia PA 19102-1916 (215) 864-9600 SLM FINANCIAL CORPORATION, by and through its Nominee Mortgage Electronic Registrations Systems, Inc. Plaintiff V. ANTHONY OWENS II, Defendant Attorney for Plaintiff SLM Financial Corp. PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO.: AFFIDAVIT OF NON-MILITARY SERVICE I, Vincent T. Cieslik, Esquire, being of full age, being duly sworn according to law upon his oath deposes and says: SLM has not been informed that Anthony Owens, II is in the Armed Forces of the United States at the present time. SLM has not been notified that Mr. Owens has been ordered to report for induction under the Selective Training and Service Act, its supplements and amendments, to the best of my knowledge, information and belief. 2. SLM's counsel filed an inquiry with the Department of Defense, Human Resources Activity Department ("DOD") in order to ascertain if Mr. Owens was engaged in the Armed Forces. The DOD reported that that Anthony Owens, II is not engaged in the Armed forces. (See a true and correct copy of the DOD report attached herein as Exhibit 1). I understand that I make these statements subject to 18 Pa. C.S.A. § 4904 relating to falsified statements to authorities ZI, Dated: March 19, 2012 Vincent T. Cieslik Attorneys for Plaintiff SLM Financial Corporation Department of Defense Manpower Data Center Mar-19-2012 09:31:44 Military Status Report Pursuant to the Service Members Civil Relief Act +< Last Name OWENS irst/Middle Begin Active Duty Date Status Active Duty End Date Service NY Based on the information you have furnished, the ANTHO DMDC does not possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the of above is the current status of the individual as to all branches Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of does not possess any information indicating that the individual is currently on active duty responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is • on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http•//www defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of-contact. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was.provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:RHOPKJODOC Vincent T. Cieslik, Esq. (85500) CONRAD O'BRIEN PC tl ?vI 1500 Market Street, 39th Floor Philadelphia PA 19102-1916 '7UINKRLANTJ' CIOUli (215) 864-9600 loi-NNSYLVANIA Attorney for Plaintiff SLM Financial Corp. SLM FINANCIAL CORPORATION, by and through its Nominee Mortgage Electronic Registrations Systems, Inc. Plaintiff V. ANTHONY OWENS II, Defendant PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO.: 11-7949 PRAECIPE TO ISSUE WRIT OF EXECUTION TO THE PROTHONOTARY: Please issue Writ of Execution in the above matter, for the following amount: As set forth in Complaint .............................. $139,651.40 Interest $24.07 per diem from October 12, 2011 to March 19, 2012 ........................................ $3,827.13 Interest $24.07 per diem from March 19, 2012 to April 19, 2012 .................................... $722.10 TOTAL $144,200.63 * Please index this Writ against Defendant Anthony Owens, II. * Interest continues to accrue at the rate of $24.07 per diem through the date of execution. au+ `ate. so FA- a 99. ov OF 3g. So 9 a. oo 1lp.So 4.N 9ato..oo }?- S ?-. as'Dk 6 Ckt4 ?w jztj a-1(4083 11 "I Z De, ?'?V, %PA Date: April 19, 2012 By: r Vincent T. Cieslik, Esquire Conrad O'Brien PC 1500 Market Street, 39th Floor Philadelphia, PA 19102-1916 (215) 864-9600 Attorneys for PlaintiffSLM Financial Corp. Vincent T. Cieslik, Esq. (85500) Conrad O'Brien PC 1515 Market Street, 16th Floor Philadelphia PA 19102-1916 (215) 864-9600 SLM FINANCIAL CORPORATION, by and through its Nominee Mortgage Electronic Registrations Systems, Inc. Plaintiff V. ANTHONY OWENS II, Defendant Attorney for Plaintiff ?a? SLM Financial Corp. -p J? v PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO.: 11-7949 CERTIFICATION TO SHERIFF PURSUANT TO RULE 3129.2 I, Vincent T. Cieslik, counsel for Plaintiff SLM Financial Corp. in the above action, being authorized to do so, sets forth as the date the Writ of Execution was filed, the following information concerning the real property located at 1 Chester Rd, Enola, PA 17025-2076. ADDRESS OF PROPERTY OR PREMISES: 2329 1 Chester Rd, Enola, PA 17025- 2076. WRIT NO. This certifies that the 3129 affidavit, and the Notice of Sheriff's Sale attached hereto as Exhibit A for the above mentioned property are correct, complete, current to the date of filing of the praecipe for writ of execution, and accurate. This certifies that the Attorney on the Writ, upon demand, will substantiate information in the affidavit and its information, and further; This certifies that the Attorney on the Writ will indemnify the Sheriff of the County of Cumberland for any cost and/or claims arising out of any and all inaccuracies in and/or failure to cure defects in said 3129 affidavit. )??sseK. -l , L L:& Date: May 14, 2012 Signature (Attorney on the Writ) Vincent T. Cieslik, Esquire _ Printed Name of Attorney on the Writ Vincent T. Cieslik, Esq. (85500) Conrad O'Brien PC 1500 Market Street, 39th Floor Philadelphia PA 19102-1916 (215) 864-9600 SLM FINANCIAL CORPORATION, by and through its Nominee Mortgage Electronic Registrations Systems, Inc. Plaintiff V. ANTHONY OWENS II, Defendant Attorney for Plaintiff SLM Financial Corp. PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO.: 11-7949 AFFIDAVIT OF LIENS. JUDGMENTS AND INTERESTS PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 I, Vincent T. Cieslik, counsel for Plaintiff SLM Financial Corp. in the above action, being authorized to do so, set forth as the date the Writ of Execution was filed, the following information concerning the real property located at: 1 Chester Rd. Rear, Enola, PA 17025 1. Name and address of owners or reputed owners: Name Address Anthony Owens, II 1 Chester Rd. Rear, Enola, PA 17025 2. Name and address of defendants in the judgment: Same as paragraph 1 above. Name and address of every judgment creditor whose judgment is a lien on the property to be sold. a) East Pennsboro Township, by virtue of a judgment obtained on June 10, 2009 in the amount of $1,548.00. b) East Pennsboro Township, by virtue of a judgment obtained on June 7, 2010 in the i^& in 'P, ?;C* (<; c? p. l amount of $1,548.00. c) East Pennsboro Township, by virtue of a judgment obtained on August 30, 2011 in the amount of $2,265.00. 4. Name and address of last recorded holder of every mortgage of record: Plaintiff, SLM Financial Corporation, by virtue of a first mortgage in the amount of $132,700.00 dated August 29, 2006 recorded on the 5th day of October 2006 as Book No. 1968, Page No. 2582. Plaintiff, SLM Financial Corporation, by virtue of a first mortgage in the amount of $33,180.00 dated August 29, 2006 recorded on the 5th day of October 2006 as Book No. 1968, Page No. 2599 5. Name and address of every other person who has any record lien on the property. 6. Name and address of every other person who has any record interest in the property whose interest may be affected by the sale. United States of America-Internal Revenue Service United States of America Internal Revenue Service 600 Arch Street Philadelphia, PA 19106 and 1001 Liberty Avenue, Suite 1300, Pittsburgh, PA 15222 Commonwealth of Pennsylvania Pennsylvania Attorney General's Office 21 South 12d' Street, 3`d Floor, Philadelphia PA 19107 Commonwealth of Pennsylvania Department of Revenue 300 Liberty Avenue Pittsburgh, PA 15233 Commonwealth of PA Bureau of Compliance, Dept. 280946 Department of Revenue Harrisburg, PA 17128-0946 i 7. Name and address of every person of whom the Plaintiff has knowledge that has any interest which may be affected by the sale. See Paragraphs 1-6 above. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: May 14, 2012 By: Vincent T. Cieslik, Esq. (No. 85500) Conrad O'Brien PC 1500 Market Street, 39th Floor Centre Square West Tower Philadelphia, PA 19102 Attorney for Plaintiff SLM Financial Corp. Vincent T. Cieslik, Esq. (85500) CONRAD O'BRIEN PC 1500 Market Street, 39th Floor Philadelphia PA 19102-1916 (215) 864-9600 CP Attorney for Plaintiff SLM Financial Corp. A. 'mod SLM FINANCIAL CORPORATION, by and through its Nominee Mortgage Electronic Registrations Systems, Inc. Plaintiff V. ANTHONY OWENS II, Defendant PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO.: 11-7949 NOTICE OF SALE * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Anthony Owens, II 2329 1 Chester Rd, Enola, PA 17025-2076. Your house (real estate) located at 1 Chester Rd, Enola, PA 17025-2076, is scheduled to be sold at the Sheriff s Sale on September 5, 2012 at 10:00 a.m. in the Cumberland County Sheriffs Office located at 1 Courthouse Square, Room 303, Carlisle, PA 17013 to enforce the court judgment of $144,200.63 obtained by SLM FINANCIAL CORPORATION (the mortgagee) against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to SLM Financial Corporation (the mortgagee) the back payments, late charges, costs and reasonable attorney's fees due. To find our how much you must pay, you may call: (215) 864-9600. 2. You may be able to stop the sale by fining a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page three on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the Highest bidder. You may find out the price by calling (215) 864-9600. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives the deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the Sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin on the northern line of Lot no. 8, Section A, on the hereinafter mentioned Plan of Lots, 117.5 feet West of the western line of Chester Road, on the southern line of a 15 foot wide alley; thence through Lots 8 and 9 South 09 degrees 30 minutes East, 95 feet to an iron pin; thence along the northern line of Lot No. 10, South 80 degrees 30 minutes West, 50 feet to an iron pin; thence along the eastern line of a second 15 foot wide alley, North 09 degrees 30 minutes West, 95 feet to an iron pin; thence along the southern line of the 15 foot wide alley first aforesaid, North 80 degrees 30 minutes East, 50 feet to a point, the place of BEGINNING. BEING the western 50 feet of Lots Nos. 8 and 9, Section "A" on the plan of West Enola, said Plan being recorded in the Office for the Recording of Deeds in and for Cumberland County in Plan Book 1, Page 29. BEING Known and numbered as 1 Chester Road Rear. TITLE TO SAID PREMISES IS VESTED IN: Anthony Owens, II duly recorded in Book 1968, page number 2582, in the Office of the Recorder of Deeds of Cumberland County. ALTA LOAN POLICY Order No. GR06-1262REP EXHIBIT A LEGAL DESCRIPTION Policy No. M-9994-9026161 ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin on the northern line of Lot no. 8, Section A, on the hereinafter mentioned Plan of Lots, 117.5 feet West of the western line of Chester Road, on the southern line of a 15 foot wide alley; thence through Lots 8 and 9 South 09 degrees 30 minutes East, 95 feet to an iron pin; thence along the northern line of Lot No. 10, South 80 degrees 30 minutes West, 50 feet to an Iron pin; thence along the eastern line of a second 15 foot wide alley, North 09 degrees 30 minutes West, 95 feet to an iron pin; thence along the southern line of the 15 foot wide alley first aforesaid, North 80 degrees 30 minutes East, 50 feet to a point, the place of BEGINNING. BEING the western 50 feet of Lots Nos. 8 and 9, Section W on the plan of West Enola, said Plan being recorded in the Office for the Recording of Deeds in and for Cumberland County In Plan Book 1, Page 29. BEING Known and numbered as 1 Chester Road Rear. STEWART TITLE Page 3 of 3 GUARANTY COMPANY WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 11-7949 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SLM FINANCIAL CORPORATION, by and through its NOMINEE MORTGAGE ELECTRONIC REGISTRATIONS SYSTEMS, INC., Plaintiff (s) From ANTHONY OWENS 11 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $139,651.40 L.L.: $.50 Interest from 10/12/11 to 3/19/12 @ $24.07 per diem -- $3,827.13 from 3/19/12 to 4/19/12 @ $24.07 per diem -- $722.10 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $226.00 Plaintiff Paid: Date: 4,123/12 Other Costs: Davi . Buell, Protho otary (Seal) By: Deputy REQUESTING PARTY: Name: VINCENT T. CIESLIK, ESQUIRE Address: CONRAD O'BRIEN PC 1500 MARKET STREET, 39TH FLR PHILADELPHIA, PA 19102-1916 Attorney for: PLAINTIFF Telephone: 215-864-9600 Supreme Court ID No. 85500 • SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson f -fir p k c �� - Sheriff ' rriraGr,�7yj� t� �� ; Jody S Smith r". + 3 -AY —7 AM Chief Deputy Richard W Stewart CUMBERLAND COUN'ry Solicitor -"_ ; � PENNSYLVANIA SLM Financial Corporation Case Number vs. 2011-7949 Anthony Owens, II SHERIFF'S RETURN OF SERVICE 06/18/2012 10:38 AM - Deputy Amanda Cobaugh, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 1 Chester Road, REAR, East Pennsboro, Enola, PA 17025, Cumberland County. 06/18/2012 10:38 AM - Deputy Amanda Cobaugh, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be BETTY GREEN, who accepted as"Adult Person in Charge"for Anthony Owens, II at 1 Chester Road, REAR, East Pennsboro, Enola, PA 17025, Cumberland County. 09/04/2012 As directed by Raheem S. Watson, Attorney for the Plaintiff, Sheriffs Sale Continued to 11/7/2012 12/13/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, , 1 Courthouse Square, Carlisle PA on November 7, 2012 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Vincent T. Cieslik, on behalf of SLM Financial Corporation, by and through its Nominee Mortgage Electronic Registrations Systems, Inc. being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $829.56 SO ANSWERS, April 30, 2013 RONW R ANDERSON, SHERIFF q�-.ov per- Y r r Vincent T. Cieslik, Esq. (85500) Attorney for Plaintiff Conrad O'Brien PC SLM Financial Corp. 1500 Market Street, 391h Floor Philadelphia PA 19102-1916 (215) 864-9600 SLM FINANCIAL CORPORATION, by I PENNSYLVANIA COURT OF COMMON and through its Nominee Mortgage 1 PLEAS Electronic Registrations Systems, Inc. i CUMBERLAND COUNTY 1 Plaintiff 1 CIVIL DIVISION i 1 I V. 1 NO.: 11-7949 1 ANTHONY OWENS II, I I Defendant 1 1 I 1 1 I � � 1 1 AFFIDAVIT OF LIENS, JUDGMENTS AND INTERESTS PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 I, Vincent T. Cieslik, counsel for Plaintiff SLM Financial Corp. in the above action, being authorized to do so, set forth as the date the Writ of Execution was filed, the following information concerning the real property located at: 1 Chester Rd. Rear, Enola, PA 17025 1. Name and address of owners or reputed owners: Name Address Anthony Owens, II 1 Chester Rd. Rear, Enola, PA 17025 2. Name and address of defendants in the judgment: Same as paragraph 1 above. 3. Name and address of every judgment creditor whose judgment is a lien on the property to be sold. a) East Pennsboro Township, by virtue of a judgment obtained on June 10, 2009 in the amount of$1,548.00. b) East Pennsboro Township, by virtue of a judgment obtained on June 7, 2010 in the amount of$1,548.00. c) East Pennsboro Township, by virtue of a judgment obtained on August 30, 2011 in the amount of$2,265.00. 4. Name and address of last recorded holder of every mortgage of record: Plaintiff, SLM Financial Corporation, by virtue of a first mortgage in the amount of $132,700.00 dated August 29, 2006 recorded on the 5th day of October 2006 as Book No. 1968, Page No. 2582. Plaintiff, SLM Financial Corporation, by virtue of a first mortgage in the amount of $33,180.00 dated August 29, 2006 recorded on the 5th day of October 2006 as Book No. 1968, Page No. 2599 5. Name and address of every other person who has any record lien on the property. 6. Name and address of every other person who has any record interest in the property whose interest may be affected by the sale. United States of America-Internal Revenue Service United States of America Internal Revenue Service 600 Arch Street Philadelphia, PA 19106 and 1001 Liberty Avenue, Suite 1300, Pittsburgh, PA 15222 Commonwealth of Pennsylvania Pennsylvania Attorney General's Office 21 South 12'h Street, 3rd Floor, Philadelphia PA 19107 Commonwealth of Pennsylvania Department of Revenue 300 Liberty Avenue Pittsburgh, PA 15233 Commonwealth of PA Bureau of Compliance, Dept. 280946 Department of Revenue Harrisburg, PA 17128-0946 7. Name and address of every person of whom the Plaintiff has knowledge that has any interest which may be affected by the sale. See Paragraphs 1-6 above. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. 1 .�r�Wez�6 I Dated: May 14, 2012 By: Vincent T. Cieslik, Esq. (No. 85500) Conrad O'Brien PC 1500 Market Street, 39th Floor Centre Square West Tower Philadelphia, PA 19102 Attorney for Plaintiff SLMFinancial Corp. Vincent T. Cieslik, Esq. (85500) Attorney for Plaintiff CONRAD O'BRIEN PC SLM Financial Corp. 1500 Market Street,39th Floor Philadelphia PA 19102-1916 (215) 864-9600 SLM FINANCIAL CORPORATION, by 1 PENNSYLVANIA COURT OF COMMON and through its Nominee Mortgage PLEAS Electronic Registrations Systems, Inc. CUMBERLAND COUNTY Plaintiff f CIVIL DIVISION V. NO.: 11-7949 ANTHONY OWENS II, i Defendant I NOTICE OF SALE * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Anthony Owens, II 1 Chester Rd, Enola, PA 17025-2076. Your house (real estate) located at 1 Chester Rd, Enola, PA 17025-2076, is scheduled to be sold at the Sheriff s Sale on September 5,2012 at 10:00 a.m, in the Cumberland County Sheriffs Office located at 1 Courthouse Square, Room 303, Carlisle, PA 17013 to enforce the court judgment of$144,200.63 obtained by SLM FINANCIAL CORPORATION (the mortgagee) against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to SLM Financial Corporation(the mortgagee)the back payments, late charges, costs and reasonable attorney's fees due. To find our how much you must pay, you may call: (15) 864-9600. 2. You may be able to stop the sale by fining a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page three on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped , your property will be sold to the Highest bidder. You may find out the price by calling(215) 864-9600. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives the deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the Sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County,Pennsylvania, bounded and described as follows: BEGINNING at an iron pin on the northern line of Lot no. 8, Section A, on the hereinafter mentioned Plan of Lots, 117.5 feet West of the western line of Chester Road, on the southern line of a 15 foot wide alley; thence through Lots 8 and 9 South 09 degrees 30 minutes East, 95 feet to an iron pin; thence along the northern line of Lot No. 10, South 80 degrees 30 minutes West, 50 feet to an iron pin; thence along the eastern line of a second 15 foot wide alley,North 09 degrees 30 minutes West, 95 feet to an iron pin; thence along the southern line of the 15 foot wide alley first aforesaid, North 80 degrees 30 minutes East, 50 feet to a point, the place of BEGINNING. BEING the western 50 feet of Lots Nos. 8 and 9, Section "A" on the plan of West Enola, said Plan being recorded in the Office for the Recording of Deeds in and for Cumberland County in Plan Book 1, Page 29. BEING Known and numbered as 1 Chester Road Rear. TITLE TO SAID PREMISES IS VESTED IN: Anthony Owens, II duly recorded in Book 1968,page number 2582, in the Office of the Recorder of Deeds of Cumberland County. ALTA LOAN P00CY Order No: GR06-1262REP EXHIBIT A LEGAL DESCRIPTION Policy No. M-9994-9026161 ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin on the northern line of Lot no. 8, Section A, on the hereinafter mentioned Plan of Lots, 117.5 feet West of the western line of Chester Road, on the southern line of a 15 foot wide alley; thence through.Lots 8 and 9 South 09 degrees 30 minutes East, 95 feet to an iron pin; thence along the northern line of Lot No. 10, South 80 degrees 30 minutes West, 50 feet to an iron pin; thence along the eastern line of a second 15 foot wide alley, North 09 degrees 30 minutes West,95 feet to an iron pin; thence along the southern line of the 15 foot Wide alley first aforesaid, North 80 degrees 30 minutes East, 50 feet to a point, the place of BEGINNING. BEING the western 50 feet of Lots Nos. 8 and 9, Section "A° on the plan of West Enola, said Plan being recorded in the Office for the Recording of Deeds in and for Cumberland County in Plan Book 1, Page 29. BEING Known and numbered as 1 Chester Road Rear. STE`VART TITLE Page 3of3 GUARANTY COMPANY WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 11-7949 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SLM FINANCIAL CORPORATION, by and through its NOMINEE MORTGAGE ELECTRONIC REGISTRATIONS SYSTEMS,INC., Plaintiff(s) From ANTHONY OWENS II (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $139,651.40 L.L.: $.50 Interest from 10/12/11 to 3/19/12 ag$24.07 per diem -- $3,827.13 from 3/19/12 to 4/19/12 $24.07 per diem -- $722.10 Atty's Comm: % Due Prothy: $2.25 Arty Paid: $226.00 Other Costs: Plaintiff Paid: Date: 4/23/12 David D.Buell, Prothonota (Seal) By: —------ Deputy REQUESTING PARTY: Name: VINCENT T. CIESLIK,ESQUIRE TRUE COPY FROM RECORD Address: CONRAD O'BRIEN PC In Testimony whareof,0 here unto set my hand and the Baal of said Co �t at Carlisle,Pa. 1500 MARKET STREET,39T"FLR This a_ ' d M iJ_,201717.-- PHILADELPHIA, PA 19102-1916 1!.y�� Prothonotary Attorney for: PLAINTIFF Telephone: 215-864-9600 Supreme Court ID No. 85500 On May 16, 2012 the Sheriff levied'u'pon the defendant's interest in the real property situ at6&iWS�6"r Spring Township, Cumberland County, PA, known and numbered 1 Chester Road, Rear, Enola, PA 17025 more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 16, 2012 By: 0 i Claudia Brewbaker, Real Estate Coordinator I i l , 2011-7949 CM 7brrtt 8LM R corporation Vs AndmW Owens,fl Attr Rahsom&Watson ALL THAT , piece or parcel of land situate j,uEaqf4isborolbwoship, Cumberland Comity,PnnsyMuga, bounded and descn as follow: BEGINNING at an pin on the northern line of Lot no,6,Section A,on the hereinafter mentioped Plan of Lots, 117.5 feet West of the western line of Chester Road„on the southern line of a 15 foot wide alley;thence through Lots 8 and 9 South 09 degrees 30 minutes East,95 "feet to an iron pin;thence along the northern One of Lot No.10,South 80 degrees 30 minutes West,So feet to an Iron pin;thence along the eastern line of a second 15 foot wide alley,North 09 degrees 30 minutes West,95 feet to an iron pin;thence along the southern Hoe_ofthe 15 foot wide alley first aforesaid;North 60 degrees 30 minutes Eric 50 feet to apoint, the place BEI -tl BWORMiG.' 8 and 9,Section'N of 5thei E,nola,said Planbeing in Office for die Reco idingofDeedsinand for Cumberland Cavity i4 Plan Book 1, Page 29, BEING Known and numbered as 1 Chester Road Rear. The Patriot-News Co. 2020 Technology Pkwy t4e atr1*otwXtws Suite 300 Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s)shown below: 07/27/12 08/03/12 08/10/12 worn t d subscribed befor met ' 7d of gust, 2013 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L.Owens,Notary Public Lower Paxton Twp.,Dauphin County My Commission Ex°ices Nov.26 2015 MEMBER,PENNSYLVAl41AAS50CIAi10 OF NOTARIES CUMBERLAND LAW JOURNAL Writ No.2011-7949 Civil Term SLM Financial Corporation vs. Anthony Owens,II Atty.: Raheem S.Watson ALL THAT CERTAIN piece or par- cel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, hounded and de- scribed as follows: BEGINNING at an iron pin on the northern line of Lot no, b, Sec- tion A,on the hereinafter mentioned Plan of Lots, 117.5 feet West of the western line of Chester Road,on the southern line of a 15 foot wide alley; thence through Lots 8 and 9 South 09 degrees 30 minutes East, 95 " feet to an iron pin;thence along the northern line of Lot No. 10,South 80 degrees 30 minutes West, 50 feet to an Iron pin;thence along the eastern line of a second 15 foot wide alley, North 09 degrees 30 minutes West, 95 feet to an iron pin; thence along the southern line of the 15 foot wide alley first aforesaid,North 60 degrees 30 minutes East, 50 feet to a point, the place of BEGINNING. BEING the western 50 feet of Lots Nos.8 and 9,Section"N on the plan of West Enola, said Plan being recorded in the Office for the Record- ing of Deeds in and for Cumberland County in Plan Book 1,Page 29, BEING Known and numbered as 1 Chester Road Rear. 80 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 27, August 3, and August 10, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Y R a Marie Coyne, E itor SWORN TO AND SUBSCRIBED before me this 10 day of August,2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which SLM Corporation is the grantee the same having been sold to said grantee on the 7th day of November A.D.,2012, under and by virtue of a writ Execution issued on the 23rd day of April, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 7949, at the suit of SLM Financial Corporation by and through its Nominee Mortgage Electronic Registrations Systems Inc. against Anthony Owens II is duly recorded as Instrument Number 201314813. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. c;2 612 t corder of Deeds .eoor er of Co�a4 Cediste,PA Ay Commission res the Fast Monday Of Jam 2014