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Home My WebLink About11-8364IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET INVESTMENT LOAN TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-4, Plaintiff, VS. MICHAEL P. MEYER Defendant. CIVIL DIVISION NO.. 11 0 IV ( i -2 TYPE OF PLEADING CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE F'.' FILED ON BEHALF OF: r, i v t 4.., TO: DEFENDANT YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAYBE ENTERED AGAINST YOU. I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 3476 STATEVIEW BLVD. MAC # X7801-013. FT. MILL. SC 29715 AND THE DEFENDANT: PO BOX 534 CAMP HILL. PA 17001 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 485 Nursery Drive North. Mechanicsburg PA 17055-0000 Municipality: Uaaer Allen ATTORNErFOR PLAINTIFF ATTY FILE NO.: XCP 154510 US Bank National Association, as Trustee for Structured Asset Investment Loan Trust Mortagage Pass-Through Certificates, Series 2006-4 COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 Joel A. Ackerman, Esquire Pa I.D. #202729 Ashleigh L. Levy, Esquire Pa I.D. #306799 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX office@zuckergoldberg.com File No.: XCP- 154510/rltz O pd a? aU0aLC) a Zucker, Goldberg & Ackerman, LLC XCP-154510 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Zucker, Goldberg & Ackerman, LLC XCP-154510 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CIVIL DIVISION STRUCTURED ASSET INVESTMENT LOAN TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES NO.: 2006-4, Plaintiff, VS. Michael P. Meyer Defendant. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 LAWYER REFERRAL Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 Zucker, Goldberg & Ackerman, LLC XCP-154510 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CIVIL DIVISION STRUCTURED ASSET INVESTMENT LOAN TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES NO.: 2006-4, Plaintiff, VS. Michael P. Meyer Defendant. AVISO USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en [as siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notificacion de' esta Demanda'y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y redicando en la Corte por escrito sus defensas de, y objeciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A LINO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 Zucker, Goldberg & Ackerman, LLC XCP-154510 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET INVESTMENT LOAN TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-4, CIVIL DIVISION NO.. Plaintiff, VS. MICHAEL P. MEYER Defendant. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET INVESTMENT LOAN TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-4, by its attorneys, Zucker, Goldberg & Ackerman, LLC, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET INVESTMENT LOAN TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-4, (hereinafter "plaintiff°) through its servicing agent WELLS FARGO BANK, NA. located at 3476 STATEVIEW BLVD., MAC # X7801-013, FT. MILL, SC 29715. 2. The Defendant, Michael P. Meyer, is an individual whose last known address is PO BOX 534, CAMP HILL, PA 17001. 3. On or about December 12, 2005, Michael P. Meyer executed a Note in favor of New Century Mortgage Corporation in the original principal amount of $162,621.60. 4. On or about December 12, 2005, as security for payment of the aforesaid Note, Michael P. Meyer made, executed and delivered to New Century Mortgage Corporation a Mortgage in the original principal amount of $162,621.60 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on February 1, 2006, in Mortgage Book Volume 1938, Page 4743. A true and correct copy of said Mortgage containing a Zucker, Goldberg & Ackerman, LLC XCP-154510 description of the premises subject to said Mortgage is marked Exhibit "A", attached hereto and made a part hereof. 5. The note and mortgage was assigned by Assignment of Mortgage date August 31, 2009 from New Century Mortgage Corporation to US Bank National Association, as Trustee for Structured Asset Investment Loan Trust, Series 2006-4, said assignment was recorded on October 5, 2009 as Instrument # 200934262. 6. The aforesaid Mortgage was amended and increased in principal amount of $197,810.27 pursuant to a certain Modification Agreement by and between America's Servicing Company (service of the loan) and Defendant, Michael P. Meyer, which is unrecorded at this time. The terms of said modification set forth the interest rate at 4.000% with a new monthly payment and interest amount of $ 826.73 commencing January 1, 2011 and continuing thereon with the due date of obligation December 1, 2050. A true and correct copy of said Modification Agreement is marked Exhibit B, attached hereto and made a part hereof. 7. Defendant Michael P. Mayer made payments in accordance with the aforesaid agreement and the lender\servicer accepted payments under the agreement subsequent to its execution by Defendant(s) 8. 'Therefore, although the agreement was not executed by the lender, as a result of the execution and performance by Defendant(s) and the acceptance of the payments by lender/servicer, the modification is enforceable 9. Michael P. Meyer, an adult individual is the record and real owner of the aforesaid mortgaged premises. 10. Defendant is in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. 11. On May 1, 2011, Defendant was mailed a combined Notice of Homeowners' Emergency Mortgage Assistance Act of 1983 and Notice of Intention to Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. §101, et seq. Zucker, Goldberg & Ackerman, LLC XCP-154510 12. The amount due and owing Plaintiff by Defendant is as follows: Principal $197,642.91 Interest to 08/17/2011 $4,958.22 Escrow ($1,638.52) Late Charges $41.34 Corporate Advance $645.00 Total $201,648.95 plus interest on the principal sum ($197,642.91) in the.amount of $ 21.66 per diem , and all other additional amounts authorized under the Mortgage, actually and reasonably incurred by Plaintiff, including but not limited to, late charges, costs (including escrow advances) and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above-captioned action to add such additional sums to the above amount due and owning when incurred. 13. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability under the aforesaid Note in a bankruptcy proceeding, this action is in no way an attempt to re-establish such liability. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $201,648.95, with interest thereon in the amount of $ 21.66 per diem plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. ZLICKER, LDBERG & ACKERMAN, LLC BY: Dated: '2011 Scott A. Dietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Levy, Esquire; PA I.D. #306799 Attorneys for Plaintiff XCP-154510/rltz 200 Sheffield Street, Suite 101 Mountainside, N1 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Zucker, Goldberg & Ackerman, LLC XCP-154510 EXHIBIT A Zucker, Goldberg & Ackerman, LLC XCP-154510 ? #I k Prepared By: /. 7 1 1lLr'1: !1?L.. i' i. C1 X006 10 1 M 10 17 New Century Mortgage Corporation 18400 Won Karman. Ste 1000 Irvine, CA 92612 800-967-7623 Ra!,, o: RESOURCE REAL ESTATE SERVICES, LLC 300 Red Brook Blvd, Suite 300. O Ings Mills, MO 21117 (410 654-5550 -file (K-.I 6U. Premises: 485 Nursery Road North Parcel Number: Mechanicsburg 42-10-0256-105 -._- - ---- - -- --- ----[Space Above This Line For Recording Data) MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated December 12, 2005 together with all Riders to this document (B) "$orrower" is M i c h a e l P M e y e r? Borrower is the mortgagor under this Security Instrument. (C) "I.,ender" is New Century Mortgage Co rporat ion Lender is a Corporation PENNSYLVANIA - Single Family - !,*-1e (Freddie Mac UNIFORM INSTRUMENT 6(PA) 105021 Page 1 01 16 In' ia)s: VMP Morgage Solutions, Inc- 1 OOf521 729 1005152185 Form 3039 1101 BK 1938PG4743 S organized and existing under the laws of C a l i f o r n i a Lender's address is 18400 Von Karman. Suite 1000, Irvine, CA 92612 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated December 12, 2005 'I'he Note states (hat Borrower owes Lender ONE HUNDRED SIXTY - TWO THOUSAND SIX HUNDRED TWEN I Y -ONE AND 60/100 Dollars (U.S. S 162 , 621 .60 ) plus interest. Borrower has promised to pay this debt in regular Periodic payments and to pay the debt in full not later than 01 /01 /2036 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property. " (F) "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. (G) "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): F Adjustable Rate Rider ® Condominium Rider ? Second Home Rider U Balloon Rifler 0 Planned Unit Development Rider [::] 1-4 Family Rider n VA Rider EJ Biweekly Payment Rider EO Other(s) (specify] Prepayment 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. (1) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by it condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than it 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. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) arty amounts under Section 3 of this Security Instrument. 1005152185 I uals: (0-6(PA) (0502 Page 2 or 16 Form 3039 1101 T BK 1938PG4744. (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA_ (P) "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 Lender the following described property located in the County (Type of Recording )urisdictionl of Cumber] and [Name of Recording Jurisdiction]: See Legal Doscription Attached Hereto and Made a Part Hereof which currently has the address of 485 Nursery Road North lStreetl Mechanicsburg Icityl, Pennsylvania 17055 [ZipCodel ("Property Address"): 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." =-6(PA) t0502l O Page 3 of 16 1005152185 Initials: Form 3039 1101 BX 1 938PG47.45. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Paymmts are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the 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 Borrowei for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the eaten that, each payment can be 1005152185 Initials: 40 -6tPA110502) Page 4 of 16 Fonn 3039 1101 O OX 1938PG4746, paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property, (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance: premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. I.ender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall riot be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest 1005152185 -6TA1(05021 Pnye 5 of 16 Form 3039 1101 1 C BK 1 938PG47.4T" shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA; Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. . 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any pan 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. Leader 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 teen "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-rime charge for flood zone determination and certification services and subsequent charges each time rernappings 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 ob_}ecuon by Borrower. 1005152185 -WA) sosw2 Pape s of 16 Form 3039 1/01 0 BK 19 3 8 PG 4 7-4 8, If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or. liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, 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. It 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 o1' Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property on to pay arnounts unpaid under the Note or this Security Instrument, whether Or not then due. 1005152185 4Z -61 PA) to 502) Pape 7 of 16 Form 3039 1101 C SK 1938tG4749, 6. Occupancy. Borrower shall occupy, establish, and use ttte Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the 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 regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs n ty for not taking any or all actions authorized under this Section 9. 1005152185 Initials: _ _ (0-6(PA) (0502) Pa9a 6 W 16 Form 3039 1/01 m BK 1 938PG4750 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 11) affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Stich agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borro .er-to anv refund. 1005152185 Initials: _____ 40-61PA) (0602) Page 9 01 16 Form 3039 1/01 BK 1938PG475 I (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 if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action Or proceeding to be 1005152185 In- ials: / / -61 PA) (ow 21 page io of 16 Form 3039 1/01 O BKI938PG4752 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 an}, 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 riot 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, properly inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security lustrutfie'nt}shall be deemed to J 1005152185 I itlals: -6(PA) 10502) Pape I I of 16 Form 3039 1101 5KI938PG4753 have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower hax designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shalt not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules or 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 OF the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be givers effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or ,?- 10Q51.521$5 Ingi 5: -61PA) (0502) Pepe 12 or 10 Form 3039 1101 m - 9KI938PG4754 agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. It' the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the outer 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. ?? 1005152185 i II18?5: W-6(PA) r)502i Page 13 Ot 16 Form 3039 1101 SK 1938PG4755 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 oil Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of 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 tent 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. 1005152185 I itials: ______ 40-6(PA) (ot o21 Page to 01 16 Form 3039 1101 8K 1938PG4756 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: (Seal) MichaCI P Meyer -Borrower (Seal) Borrower _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower 1005152185 Ck•61PA1 io5o21 Page 15 of 16 Form 3039 1101 SK ! 938PG4757 marb?u?? COMMONWEALTH OF A, l'')r [hWM Countv ss: On this, the A;7- day of >F C,4 5F/e-- before me, the undersigned officer, personally appeared m [ J, abi P - . C? known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: Title of Officer Certificate of Rest e?e t h?? I(l?rc do herebv certifv that the correct address of the within named Mortgagee is 18400 Von Karman. Sui to 1000. -- Irvine, CA 92612 f ?n , ??,?p 1 o .-- Witness my hand this I day of b'lXX m v `r / S . Agent of Mortgagee ®-6tPAl I05021 0 1005152185 Page 16 of 16 Form 3039 1101 SK 1938PG4758, C M 693 EXHIBIT "A" ALL THAT CERTAIN UNIT, BEING UNIT NO. T8 (THE "UNIT"), OF GALA SQUARE, A TOWNHOME CONDOMINIUM (THE "CONDOMINIUM"), LOCATED IN UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, WHICH UNIT DESIGNATED IN THE DECLARATION OF CONDOMINIUM OF GALA SQUARE, A TOWNHOME CONDOMINIUM (THE "DECLARATION OF CONDOMINIUM") AND DECLARATION PLATS AND PLANS RECORDED IN THE OFFICE OF THE CUMBERLAND COUNTY RECORDER OF DEEDS IN MISCELLANEOUS BOOK 719, PAGE 1313 AND RIGHT OF WAY PLAN BOOK 13, PAGE 111, RESPECTIVELY, TOGETHER WITH ANY AND ALL AMENDMENTS THERETO. TOGETHER WITH THE UNDIVIDED PERCENTAGE INTEREST IN THE COMMON ELEMENTS APPURTENANT TO THE UNIT AS MORE PARTICULARLY SET FORTH IN THE AFORESAID DECLARATION OF CONDOMINIUM, AS LAST AMENDED. TOGETHER WITH THE RIGHT TO USE THE LIMITED COMMON ELEMENTS APPLICABLE TO THE UNIT BEING CONVEYED HEREIN, PURSUANT TO THE DECLARATION OF CONDOMINIUM AND DECLARATION PLATS AND PLANS, AS LAST AMENDED. UNDER AND SUBJECT TO THE DECLARATION OF CONDOMINIUM, TO ANY AND ALL OTHER COVENANTS, CONDITIONS, RESTRICTIONS, RIGHTS-OF-WAY, EASEMENTS AND AGREEMENTS OF RECORD IN THE AFORESAID OFFICE, AND MATTERS WHICH A PHYSICAL INSPECTION OR SURVEY OF THE UNIT AND COMMON ELEMENTS WOULD DISCLOSE. BEING THE SAME LOT OR PARCEL OF GROUND WHICH BY DEED DATED MARCH 2, 2005, AND RECORDED AMONG THE LAND RECORDS OF CUMBERLAND COUNTY IN BOOK 268 PAGE 693, WAS GRANTED AND CONVEYED BY UPPER ALLEN PARTNERS, L.P., A PENNSYLVANIA LIMITED PARTNERSHIP, UNTO CLASSIC COMMUNITIES CORPORATION, A PENNSYLVANIA CORPORATION. BEING THE SAME LOT OR PARCEL OF GROUND WHICH BY DEED DATED NOVEMBER 29, 2005, AND TO BE RECORDED AMONG THE LAND RECORDS OF CUMBERLAND COUNTY IN BOOK XXX PAGE XXX, GRANTING AND CONVEYING BY CLASSIC COMMUNITIES CORPORATION, A PENNSYLVANIA CORPORATION, UNTO MICHAEL D. MEYER, AN ADULT INDIVIDUAL. I Certify this to be recorded fn Cumberland CountyPA . ` ?? ,?L /Y9 y1i?? Recorder of Deeds BK.1'9'3'B:P6 4.7:6,6 A SC ot. artlNCa't 41009,1cle1 aorrewr llerian Mtll opvn?a.? n,?, Mx i a+w r'. M.1m, M 10.106-01RN eon of f 40 LOAN MODIFICATION AGREEMENT LOAN NUMBER: 106 PROPERTY ADDRESS 4 ?Dr N Mechanicsburg PA 17055 THIS LOAN MODIFICATION AGREEMENT ("Agreement"), made on October 14, 2010, by and between Michael P Meyer and and (the "Borrower(s)") and America's Servicing Company (the "Lender", together with the Borrower(s), the "Parties")- ?ep,J- 0--rf WITNESSETH WHEREAS, Borrower has requested and Lender has agreed, subject to the following terms and conditions, to a loan modification as follows: NOW THEREFORE, in consideration of the covenants hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby'acknowledged•by the Parties, it is agreed as follows (notwithstanding anyChing to the contrary in the Note and Security Instrument dated 12/12/2005.) 1. BALANCE. As of October 14, 71010, the amount payable under the Note and Security Instrument (the "Unlpaid Principal Balance") is U.S. $ 3.61, 939.99. 2. EXTENSION. This Agreement hereby mcdifias the following terms of the Note and Security Instrument desicribed herein above as follows: A. The current contractual due data Yeas beer, extended txvm 03-G1.-fl9 to 01/01/2011. The first modified contractual due date is on 01/01/2011. B. The maturity date has been extended trom 01-36 (month/year) to 12/01/2050. rv)L C. The amount of interest to be ;included (Capitalized) will be U.S,-)L $ amount 24,641-76, The e amount of the Escrow Advanca_!to be capitalized will be U.S. $8,844.86. The amount of Recoverable Expenses,, to be capitalized will be U. S. $2r383.66. The modified Unpaid Principal Balance is U.S. $ 197,810.27. w Recoverable Expenses may include, but are not limited to: Tit e, Attorney fees/costs, SPO/Appraisiil, and/or Property 'preservation/ Property Inspections I D. The Borrower(s) promises to pay the Unpaid Principal Balance plus interest, to the order of the Lender. Interest will be charged on -the Unpaid Principal Balance of U.S.'$ 197,810.27. The Borrower(s) promises to make monthly payments of principal and interest of U.S, $ 826.73, at a yearly rate of 4.000%, not including any escrow deposit, if applicable. If on the maturity date the Borrower(s) still owes an amount under the Note and Security Instrument, as amended by this Agreement, Borrower(s) will pay this amount in full on the maturity date. LM521/15H/a, p a? 12/16/2010 5:17PM (GMT-07:00) f 4 J k TIME IS OF THE ESSENCE: If the above documents and payments are not received within ten (10) business days from the date of this letter, we will conclude that you are no longer interested in modifying your existinq loran and will cancel your request for a modification. Until we receive your exgcuted documents and payment as requested above, we are unable to complete the modification; we will continue to service your mortgage loan - which may include continued collections communications via. telephone calls and/or lettexs and any legal proceedings. DETAILS OF THE MODIFICATION: 1. Due date of first payment: 01/01/2011 2_ New principal and interest payment amount: $626.734 r 3. Escrow Payment (if applicable): $296.68 The required escrow payment is based on you.t previous analysis. Please af?i review the escrow disclaimer on the Borrower Acknowledgements, Agreements, and Disclosures document for more information on your escrow payment. 4. Estimated new net payment: $1,123.411V This payment amount includes Principal, Interest, and Escrow (if applicable) 5. Modified maturity date: 12/01/2050 6. Interest rate: 4.000% There could still be outstanding fees/costs that are owed after the modification is completed. These fees would be reflected on the Loan Modification Settlement Statement. If we can be of further assistance, please call us at 877-222-7875, Monday - Thursday 7 AM - 10 PM CST, Friday 7 AM - 9 PM CST, Saturday 8 AM - 2 PM, CST, Sincerely„ ' Ilk, This communication is an attempt to collect a debt and any information obtained will be used for that purpose. However, if you have received a discharge of this debt in bankruptcy or are c,arrsntly jr, a bankruptcy case, this notice is not intended as an attempt to collect a debt and this company has a security interest in the property and will only exercise its rights as against the property. LM550/I5H/2 007 12/16/2010 5:17PM (GMT-07:00) a .- J AS Cor AUeMICA'• 99 "ICI.{ CV.rAMY Rem µd1 tIPKIM1 P.O. BOA 10]" 0% Munn.. IA ;%JQQ-0118 di consideration of the approval, closing ng of this % ' :d-in pay undersigned's monthly principal ar ments as modified by - this agrBpment. Any of these Sppci'f`J.gf?? ? 's m ust he executed undersigned's Modifa.Cation. (Borrower(s) initial) by You will not be billed messages you may receive cellular or mobile phone by your mobile carrier. 04--4 oio CQARECTZON AGREEMENT. The undersigned bo ower(s), for and in Modification, hereby grants America's S any, as lender, limited power of attorney to c initial all typographical oclerical errazs disc adifi.cation I.1greement_ ,required to be signed. In the a limited power of attorney is exercised, the undersigrlej? ified and receive a copy of, the document executed or ant Ors -their behalf. This provision may not be used to modify,- - t rate, modify the term, modify the outstanding principa. - .0•or modify the directly by the undersigned. This limi eci;pgwQZ of attorney shall automatir_ally terminate in i20 /?a s from tYie closing date of the G IN WITNESS WHEREOF, the pantie hereto have executed this Agreement the date first above written. By signing this Agreement I hereby consent to being contacted concerning this loan at any cellular or mobile telephone number I may have. This includes text messages and telephone calls including the use of automated dialing systems to contact my cellular or mobile telephone. Dated as of this day of Michael Meyer Signature America's; Servicing Company Name: Its: _ LM527/15H/3 your cellular or mobile carrier for any text from us, however, any calls we place to youz will incur normal airtime charges assessed ell 20 /0. ?7_?- Signatu.re as 12/16!2010 5:17PM (GMT-07:00) •M1J422/,dd11 06:57 13014475634 PAGE 02/02 A S's ..eft,W# PPAYICIMG G#-IAMV it.-MWI cgmv.M P.P, re io9W r7 MM". A ". ("i0389 CORRECTION AGREEMENT. The undersigned borrower(s), for and in consideration of the approval, closing and funding of this Modification, hereby grants America's Servicing Company, at. lender, limited power of attorney to correct and/or initial all typographical, or clerical errors discovered i,n the Modification Agreement required to be signed. In the event this limited power of attorney is exercised, the undersigned will be notified and receive a copy of the document executed or initialed on their behalf. This provision may not be used to mod:?fy the interest rate, modify the term, modify the outstanding principal, balance or modify the undersigned's monthly principal and interest payments as modified by this agreement. Any of Chese specified changes must be executed directly by the undersigned. This limited power of attorney shall automatically terminate in T20,4g-y 7from the closing date of the undersigned's Modification, orrower(s) initial.) IN WITNESS WHEREOF, the Parties h reto have executed this Agreement as the date first above written. By signing this Agreement Z hereby consent to being contacted concerning this loan at any cellular or mobile telephone number I may have, This includes text messages and telephone calls including the use of automated dialing systems to contact my cellular or mobile telephone. You will not be billed by your cellular or mobile carrier for any teat messages you may receive from us, however, any calls we place to your cellular or mobile phone will incur normal airtime charges assessed by your mobile carrier, Dated s of this clay of 20 Michael P Meyer ure America's Servicing Company Name: its. S _. LM52T/z5H/ _ Ndr,9,?y / i??il CoM Th 0 Pol A Net FW seed cuang C. Dart& ftfary PUNIC Hwp!k TWP., omberfe 4 ca%mw My 4, 2014 Member, PennsyWrtla AsWdidan of NC40@s 03/22/2019 1:32PM (nMT-n7•nnN V ?t J VERIFICATION Justina Luna, hereby states that he/es Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff or mortgage servicing agent for plaintiff in this matter, that he&s authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of hispe information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 032-PA-V3.1 XCP-154510 Title: Vice President Loan Documentation Robert P. Kline, Esquire Kline Law Office 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 telephone (717) 770-2553 facsimile US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET INVESTMENT LOAN TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-4, PLAINTIFF VS. MICHAEL P. MEYER, 210!2 JA.N -5 AM 8: CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-8364 CIVIL TERM CIVIL ACTION- MORTGAGE FORECLOSURE DEFENDANT : ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes the Defendant, Michael P. Meyer, by his attorney, Robert P. Kline, Esquire, and files this Answer to the Complaint in Mortgage Foreclosure as follows: 1. Admitted upon information and belief. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part, denied in part. Admitted that Defendant, Michael P. Meyer, was approved by Plaintiff for modification at an interest rate set forth at 4%. Attached hereto as Exhibit "A" is the original version of the Modification Agreement, marked up by Defendant pursuant to a telephone conversation and contemporaneously with said telephone conversation, with a representative of Plaintiff. Despite repeated requests for a corrected Modification Agreement, Plaintiff has, to date, failed to provide Defendant with said corrected Modification Agreement. Therefore, the allegation of this paragraph setting forth other, incorrect, terms of said Modification Agreement are hereby denied. 7. Denied as stated. Defendant Michael P. Meyer was specifically advised by a representative of Plaintiff that no payments would be necessary until such time as he received an invoice due to a credit on the account at the time of the Modification. Said credit was based, upon the belief of the Defendant, upon certain payments that he had made in December, 2010, totaling $3,559.91 (copies of the cancelled checks are attached as Exhibit "B" hereto). Despite the fact that said payments were deposited by Plaintiff on January 4, 2011, it is believed and, therefore, averred that said payments were not posted, if they were, in fact, posted at all, to Defendant's account until the end of April, 2011. Subsequent attempts on the part of Defendant to make payments have been refused and returned by Plaintiff. 8. The allegation of this paragraph is a legal conclusion to which no responsive pleading is required. To the extent an answer is required, the allegation is denied. By way of further answer, the response to Paragraph 7 above is hereby incorporated by reference herein. 9. Admitted. 10. Denied as stated. On the contrary, Defendant has been advised by representatives of Plaintiff, at various times, that no payments were necessary based upon credits to the account, and that he would begin receiving invoices when such payments were necessary. Except for a series of invoices received within two (2) days of each other at the beginning of May, 2011 (copies of which are attached hereto as Exhibit "C"), Defendant has received no invoices whatsoever from Plaintiff. Furthermore, attempts by Defendant to make payments to Plaintiff were returned by Plaintiff. Repeated attempts to resolve these issues, or at least obtain a reasonable explanation, have been unsuccessful. Any purported default, if proven by Plaintiff, is the direct result of Plaintiff's failure to adequately and truthfully communicate with Defendant regarding these issues. 11. Denied. On the contrary, said notices were forwarded to Defendant in either late December of 2010 or early January of 2011. At that time, Defendant was advised by a representative of Plaintiff that there was, in fact, a credit balance on his account, that the notices were forwarded by mistake, and that Defendant should disregard said notices. No further notice has been received since said representation was made by Plaintiff's representative on or about January, 2011, including the alleged May 1, 2011, notice. 12. Denied. Despite repeated attempts to obtain verification as to the alleged figures from Plaintiff and repeated attempts on the part of the Defendant over the course of the last fourteen (14) months to correct disputed figures, Plaintiff has been unable to clarify or rectify the actual amount due and communicate that amount to Defendant and, therefore, Defendant denies the allegation of this paragraph and proof is demanded. 13. The allegation of this paragraph is a legal conclusion to which no responsive pleading is required. Respectfully submitted, Ak ZAf-? 2a t2 DATE ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Defendant VERIFICATION I verify that the statements made in the foregoing Answer to Complaint in Mortgage Foreclosure are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating 0 unworn falsification to authorities. Iz/ zz/?,;) ti Date fit.. wt a„? MICHAEL P. MEYER to. exla.o .3 •RnrIRiM• CDr?ANr Aolam Mall DOarNnn, ?---^.., i7w MOlnnlA SC76R'D366 I LOAN MODIFICATION AGREEMENT LOAN NUMBER: 106 1100184358 PROPERTY ADDRESS 485 Nursery Dr N Mechanicsburg PA 17055 THIS LOAN MODIFICATION AGREEMENT ("A,greement"), made on Y? octo0er 14, 2010, by and between Michael P Meyer and / and (the "Borrower(s)") and America's Servicing Company (the "Lender", together with the Borrower(s), the "Parties"). WITNESSETH MiERFAS, Borrower has requested and Lender has agreed, subject to the following terms and conditions, to a loan modification as follows: NOW THEREFORE, in consideration of the covenants hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Parties, it is agreed as follows (notwithstanding anything to the contrary in the Note and Security Instrument dated 12112/2005.) 1. BALANCE. As of October 14, 203.01 the amount payable under the Note and Security Instrument (the "Unpaid Principal Balance") is U.S. $ 161,939.99. 2. CXTENSION. This Agreement hereby modifies the following to ins of the Note and Security instrument described herein above as follows! A. The current contractual due date has been extended from 03-0109 to 01/01/2011. The first modified contractual due date is on 01/01/2011. S. The maturity date has been extended from 01-36 (month/year) to 12/01/2050. C. The amo inter st to be inc ed a a z } 1 b U . ?,/Cr?L Tbl amount of the Escrow Advance to be capitalized W?.Il be 3.5. ???.6 wh The amount of Recoverapl.e Expenses* to be capitalized will, be U. S. $2,383.66. The modified Unpaid Principal Balance is U.S. 2-, ???? Q ' * Recoverable Expenses may include, but are not in%ited to: Title, Alr1 Attorney fees/costs, BPO/Appraisal, and/ot 4Preservation/ Property Inspections t -?!?'t 1 ? D. Tha Borrower(s) promises to pay the Unpaid ? Mncipal Balance plus interest, to the order of the Lender, Interest will be charged on the Unpaid Principal Balance of U.S. $ TU77 ; 'The Borrower(s) promises to mace monthly payments of principal and interest of U.S. $ at a yearly rate of 4.0008, not including any escrow deposit, if applicable. If on the maturity date the Borrower(s) still owes an amount under the Note and Security instrument, as amended by this Agreement, Borrower(s) will pay this amount in full on the maturity date. 7?M521/15H/1 4JK 12/25/2010 2:54PM (GMT-06:00) Exhibit "A" I ?, 3. NOTE AND SBCVRSTY INSTRUMENT. Nothing in this Agreement shall, be understood or construed to be a satisfaction or release, its whole or in part of the Borrower's obligations under the Note or Security Xnstrume Further, except as otherwise specifically provided in this Agreement the ..,J Mote and security Instrument will remain unch=ged, and Borrowex and Cf Tender will be !sound by, and shai,l conpiy with, all of the terms and provisions thereof, as amended by this Agreement, 4. The undes:s3gned Sorrower(s) cknowledge receipt and acceptance of the Loan Modification Settle wi ement. Borrower(s) agree with the information discloSedJi rs tand thAt rlw,e am/aye rsspnai3sle for payment of any outstanding balances outlined in the Loan Modification Settlement. 5. The undersigned Borrower(s) acknowledge receipt and acceptance of the G Borrower Acknowledgements, Agreements, and Disclosures Documant (BAAD). 6. It included, the undersi ed 8orrower(s ask wle era eipt nd OV acceptance of the Truth in Lending statement. ' 4" ,k 7, If included, the undersigned Borrower(s) acknowle,19a receipt and acceptance of the Special Flood Hazard Area (SFHA),0MP 6, That (he/she/they) (is/are) the Borrower(s) on the above-referenced Mortgage Loan serviced by America's Servicing Company. That (he/she/they) have expexi,enced a financial hardship or change in financial circumstances since the oxigi"ti.on of (his/her/their) Mortgage Loan. That (he/she/they) did not intentionally or purposefully default on the Mortgage Loan in order to obtain a loan modification. LM1521/I5H/2 .? Oa7 ,y i h 'F a ?a• 1y ,;?3 ,G'. :i'ay0r b Y' 1 2;5?+PM (GMT-06:Oa'. 12/25/2010 eera?a?•a I??VICI?a CaY?FNY Retw?t MMt gantl«? rn ae. ray+e Dle MaG10. IA Amaa-airs CORRECTION AGREEMENT. The undersigned borrower(s), for and in consideration of the approval, closing and funding of this Modification, hereby grants America's Servicing Company, as lender, limited power of attorney to correct and/or initial all typographical or clerical errors discovered in the Modification Agreement required to be signed, Xn the event this l,imztecl power of attorney is exercised, the undersigned wi U. be notified and receive a ropy of the document executed or initialed on their behalf. This pxovision may not be used to modify the interest rate, modify the termr modify the outstanding principal balance or modify the undersi.rned's monthly principal and interest payments as modified by this agreement. Any of these specified changes must be executed directly by the undersigned. This 1' f ed power of attorney shall automatically terminate in 12 s am the closing state of the undersigned's Modification. orrower(s) initial) IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as the date first above written. By sighing this Agreement I hereby consent to being contacted concerning this loan at any cellular or mobile telephone number I may have. This includes text messages and telephone calls including the use of automated dialing systems to contact my cellular or mobile telephone. You will not be billed by your cellular or mobile carxier for any text messages you may receive fxozn us, however, any calls we place to your cellular or mobile phone will incur normal airtime charges asseseed by your mobile carrier. Dated as of thi day of i ?IO Michael ? MFyer Signature Signature America's Servicing Company Name: Its; L*2527/ISm/3 y V 4 l? 12/25/2010 2:54PM (GMT-06:00) m l4 m ,Ijg ?Cr O. S 0 LMi R h pl- w m? L m m a m T ? tD ul r `--I o N m r V- O 1?o?a?caROttp aoao, '?ourt 5$9 P4fiOQ(53? LG empim 1.PAIUMI O Ifs ??m IV FO C. Q $ '? zfj• ?? tm IIARTRO BANK. COIL30LBLI . 53 82'1424 OF D5fik Acct# 538211290 - For $2,741.08 - Chk# 581- 01/05/2011 D1/0412011 - foe - B Deposit only Fells Fargo Sank NA Dim avariaas Svcs) co As Trustees for ?axious Investors 4121206965 538241290 - For $2,741.08 - Chk# 581- 01/05/2011 Exhibit "B" Cl) CD I- c14 w: C3 f a- 9 s i W A LO rco 9 Lo ? ?r m S m m O m m ?o m r ? O Ej r CJ m r r O r a J dOX esi HOLDEN WtOUC LTD 03ft CAAW"LPAIT001 hG? m arba -Mn it MI K VOL 1:L33Z301B4Gl: 53 OV LN ?d' 05,80 ^V \j d r T A?cot## 538241290 - For $818.33 - Chk# 580- 01/05/201- 01/04/2011 - 146 - 9 Deposit only t4C11s Fargo Aaak NA DVA Americas Svcg Cc As 'trustees for various investors 4121206965 538241290 - For $818.33 -- Chk#¢ 580- 01/05/2011 ASC54. aMEAIL?'S SEAVILIMG CJMA.Mv Return Mail Operations PO Box 10388 Des Moines, IA 50306-0388 1 MB 0800/000800/001612 005 01 ACNVZQ 106 007 MICHAEL P MEYER PO BOX 534 CAMP HILL PA 17001-0534 Summary Payment (Principal and/or Interest, Escrow) $1,363.59 Unpaid Principal Balance $197,810.27 Optional Product(s) $0.00 (Contact Customer Service for your payoff amount) Current Monthly Payment 05/01/11 $1,363.59 Interest Rate 4.000% Interest Paid Year-to-Date $0.00 Overdue Payments 01/01/11 - 04/01/11 $5,454.36 Taxes Paid Year-to-Date $678.47 Unpaid Late Charge(s) $0.00 Escrow Balance $1,101.66 Other Charges $60.00 TOTAL PAYMENT DUE 05/01/11 $6,877.95 Activity Since Your Last Statement Date Description Total Principal Interest Escrow Other 04/22 LATE FEE $280.00 $280.00- 04/22 PAYMENT $31.25- 04/22 INSPECTION $3125 04/22 PAYMENT $999.99 $999.99- 04/22 PAYMENT $999.99 $999.99- 04122 PAYMENT $999.99 $999.99- 04/22 PAYMENT $688.78 $688.78- 04/18 CITY TAX PMT $678.47- $678.47- UPPER ALLEN TOWNSHIP (3) Page 1 of 2 Monthly Mortgage Statement Statement Date 04/26/11 Loan Number 1100184358 Property Address 485 NURSERY DR N MECHANICSBURG P A 17055 Customer Service ® Online mortgageaccountonline.com 0*1 Fax 'r Telephone (866) 453-6315 (800)842-7654 Correspondence Hours of Operation PO Box 10328 Mon- Fri 8 AM - 6 PM CT Des Moines IA 50306 n Payments PO Box 1820 Newark NJ 07101 Important Messages Your monthly mortgage payment has not been received. Please make your payment immediately. If you have any questions about your account or are unable to send your payment, please contact one of our loan counselors at (800) 842-7654. 000800/001612 ACNVZQ 0800 ETM10001 12 Exhibit "C" ASCA4. Return Mail Operations PO Box 10388 Des Moines. IA 50306-0388 ?IIIIIIII?II??I?II?II?IIII111111??{11???11?4?1111111?1?1????111?1 WE 0944/000944/001922 005 01 ACNW23 106 007 MICHAEL P MEYER PO BOX 534 CAMP HILL PA 17001-0534 6?C? 1. i Page 1 of 2 Monthly Mortgage Statement Statement Date 04/27,1 1 Loan Number 1100184358 Property Address 485 NURSERY DR N MECHANICSBURG PA 17055 Customer Service N Online mortgageaccou ntonli ne.com Fax M Telephone (866) 453-6315 (800) 842-7654 Correspondence Hours of Operation PO Box 10328 Mon- Fri 8 AM - 6 PM CT Des Moines IA 50306 Payments PO Box 1820 Newark NJ 07101 Important Messages Summary Payment (Principal and/or Interest, Escrow) $1 Optional Product(s) Current Monthly Payment 05/01/11 1 Overdue Payments 02/01/11 - 04/01/1 Unpaid Late Charge(s) 7 3.59 Unpaid. Principal Balancc $197,642.91 0.00 (Contact Customer Service for your payoff amount) ,363.59 Interest Rate 4.000% Interest Paid Year-to-Date $659.37 ,090.77 Taxes Paid Year-to-Date $678.47 $0.00 Escrow Balance $1,638.52 $0.00 YMENT DUE 05/01/11 ]1 $5,454.36 Since Your Last Statement Date Description Total Principal Interest Escrow Other 04127 PAYMENT $60.00- 04/27 INSPECTION $60.00 04/27 PAYMENT $519.48 $519.48- 04127 PAYMENT $167.36 $659.37 $536.86 $1,363.59- Your monthly mortgage payment has not been received. Please make your payment immediately. If you have any questions about your account or are unable to send your payment, please contact one of our loan counselors at (800) 842-7654. 72 4::, -t- /7 0009441001922 ACNW23 9944 ETM7 001 1 ?Z7 ASC50!:. 4ME VIC4'S Sc R4'l!':1N?, ?'?. MCS N. Return Mail Operations PO Box 10388 Des Moines, IA 50306-0388 I1111111?"?'?1'??III11'1"I?1'i"III111?111111???111"??1?1'I?'I 1 MB 2164/002164/004357 008 01 ACNW76 106 007 MICHAEL P MEYER PO BOX 534 CAMP HILL PA 17001-0534 Summary Payment (Principal and!or Interest, Escrow Optional Product(s) Current Monthly Payment 05/01/11 Overdue Payments 02/01/11 - 04/01/11 Unpaid Late Charge(s) Other Charges Page I of 2 Monthly Mortgage Statement Statement Date 04/29/11 Loan Number 1100id4358 Property Address 485 NURSERY DR N MECHANICSBURG PA 17055 Customer Service ® Online mortgageaccountonline.com 049 Fax 'r Telephone (866) 453-6315 (800) 842-7654 Correspondence Hours of Operation PO Box 10328 Mon - Fri 8 AM - 6 PM CT Des Moines IA 50306 Payments PO Box 1820 Newark NJ 07101 $1,111.76 Unpaid Principal Balance $197,642.91 $0.00 (Contact Customer Service for your payoff amount) $1,111.76 Interest Rate 4.000% Interest Paid Year-to-Date $659.37 $3,335.28 Taxes Paid Year-to-Date $678.47 $0.00 Escrow Balance $1,638.52 $0.00 TOTAL PAYMENT DUE 05/01/11 $4,447.04 Date Description Total Principal Interest Escrow Other No transactions have occurred on your loan between the last billing statement and this statement date. Important Messages Your monthly mortgage payment has not been received. Please make your payment immediately. If you have any questions about your account or are unable to send your payment, please contact one of our loan counselors at (800) 842-7654. 002164/004357 ACNW7B 2164 ETM10001 i CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Answer to Complaint in Mortgage Foreclosure upon Plaintiff by depositing same in the United States Mail, first class, postage pre-paid on the 5th day of January, 2012, from New Cumberland, Pennsylvania, addressed as follows: Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 r ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,E IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYA0 T`' 24 P-1 10: %53 US Bank National Association, as Trustee for Structured CIVIL DIVISIft Asset Investment Loan Trust Mortgage Pass-Through u MBERLAND COUNTY Certificates, Series 2006-4 NO.: 11-8364-CIVLr"YLAy)q Plaintiff, vs. Michael P. Meyer; Defendant(s). PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Please mark the case filed at the above-captioned term and number SETTLED and DISCONTINUED, without prejudice. Respectfully Submitted: ZUCKER, GOLDBERG kACKERMAN, LLC BY: 0- ///( by / / Scott A. D/*tterick, EsgO'rrre; PA I.D. #55650 Kimberly/A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh Levy Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Attorneys for Plaintiff XCP-154510/ka 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX