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HomeMy WebLinkAbout12-11977 8i File No. 14871-11-04562 C? _n rn PARKER McCAY P.A. *-;o rn F U m By: Christine A. Pinto, Esquire Attorney ID# 205622 -a 9000 Midlantic Drive, Suite 300 ; P.O. Box 5054 y Mount Laurel, NJ 08054-1539 -- r (856) 810-5815 Attorneys for Plaintiff Wells Fargo Bank, N.A., as Trustee for MASTR Asset Backed Securities Trust 2005-OPT1, Mortgage Pass-Through Certificates, Series 2005-OPT1 4875 Belfort Road, Suite 130 Jacksonville, FL 32256 COURT OF COMMON PLEAS CUMBERLAND COUNTY FEBRUARY TERM 2012 NO. is_ 1lgl Cl vTerm Plaintiff, V. Zane D. Furry 104 Cleversburg Road Shippensburg, PA 17257 CIVIL ACTION MORTAGE FORECLOSURE Defendant. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. ('\ 103.'75 PO A-" ?? 3ndR a ?? d 7 /500 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (800) 822-5288 / (717) 243-9400 AVISO USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente or por medio de un abogado una comparecencia escrita y redicando en la Corte por escrito sus defensas de, y objeciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero O propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (800) 822-5288 / (717) 243-9400 I File No. 14871-11-04562 PARKER McCAY P.A. By: Christine A. Pinto, Esquire Attorney ID# 205622 9000 Midlantic Drive, Suite 300 P.O. Box 5054 Mount Laurel, NJ 08054-1539 (856) 810-5815 Attorneys for Plaintiff Wells Fargo Bank, N.A., as Trustee for MASTR Asset Backed Securities Trust 2005-OPT1, Mortgage Pass-Through Certificates, Series 2005-OPT1 4875 Belfort Road, Suite 130 Jacksonville, FL 32256 Plaintiff, V. Zane D. Furry 104 Cleversburg Road Shippensburg, PA 17257 COURT OF COMMON PLEAS CUMBERLAND COUNTY FEBRUARY TERM 2012 NO. CIVIL ACTION MORTAGE FORECLOSURE Defendant. COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is Wells Fargo Bank, N.A., as Trustee for MASTR Asset Backed Securities Trust 2005-OPT1, Mortgage Pass-Through Certificates, Series 2005-OPT1 (the "Plaintiff'), whose address is c/o American Home Mortgage Servicing, Inc., 4875 Belfort Road, Suite 130, Jacksonville, FL 32256. 2. Zane D. Furry (hereinafter referred to as "Defendant") is an adult individual and is the real owner of the property hereinafter described. 3. Defendant resides at 104 Cleversburg Road, Shippensburg, PA 17257 with a mailing address at 104 Cleversburg Road, Shippensburg, PA 17257. 4. On December 22, 2004, in consideration of a loan in the principal amount of $88,000.00, Defendant executed and delivered to H&R Block Mortgage Corporation, a Massachusetts Corporation, an adjustable rate note (the "Note") with an initial interest rate at 9.300% per annum, and initial monthly payments of $727.15 commencing on February 1, 2005, continuing each month until the maturity date of January 1, 2035. A true and correct copy of the Note is attached hereto and made a part hereof as Exhibit "A". 5. To secure the obligations under the Note, Defendant executed and delivered to H&R Block Mortgage Corporation, a Massachusetts Corporation, a mortgage (the "Mortgage") dated December 22, 2004 and recorded on January 3, 2005 in the Recorder of Deeds in and for the County of Cumberland in Book 1893, Page 347. A true and correct copy of the Mortgage is attached hereto and made a part hereof as Exhibit "B". 6. By Assignment of Mortgage, H&R Block Mortgage Corp., A Massachusetts Corp. assigned its Mortgage to Option One Mortgage Corporation, which Assignment of Mortgage was recorded on September 15, 2005 in the Recorder of Deeds in and for the County of Cumberland in Book 720, Page 4045. A true and correct copy of the Assignment of Mortgage is attached hereto and made a part hereof as Exhibit "C". 7. Sand Canyon Corporation f/k/a Option One Mortgage Corporation, a California Corporation, is in the process of executing and recording an assignment of mortgage in favor of Wells Fargo Bank, N.A., as Trustee for MASTR Asset Backed Securities Trust 2005-OPT1, Mortgage Pass-Through Certificates, Series 2005-OPT1. The Mortgage secures the following real property (the "Mortgaged Premises"): 104 Cleversburg Road, Shippensburg, PA 17257. A copy of the legal description of the Mortgaged Premises is attached hereto and made a part hereof as Exhibit "D". 9. Defendant is in default of his obligation pursuant to the Note and Mortgage because payments of principal and interest due August 1, 2011, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. 10. The following amounts are due on the Mortgage and Note: Balance of Principal $83,390.05 Accrued but Unpaid Interest from 7/1/2011-1/3/2012 9.300% $3,941.36 Accumulated Late Charges $918.33 Escrow Advance $1,446.15 Recoverable Balance $258.00 Less Suspense Balance ($1,015.36) Title Search Fees $250.00 Reasonable Attorney's Fees $1,300.00 TOTAL as of January 3, 2012 $90,488.53 Plus, the following amounts accrued after January 3, 2012: Interest at the current Rate of 9.300% per annum ($21.25 per diem); late charge of 6.000% of the overdue payment of principal and interest; any amounts expended for future recoverable advances; corporate advances; taxes and insurance along with additional costs and attorney fees incurred in this foreclosure action. 11. During the course of this action, the plaintiff may be obligated to make advances for the payment of taxes, assessments, insurance premiums and necessary expenses to preserve the security, and such sums advanced under the terms of the Note and Mortgage, together with interest, will be added to the amount due on the mortgage debt and secured by the plaintiff's Mortgage. 12. The notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance program, Act 6 of 1974 has been sent to the Defendant, on August 15, 2011, via certified and regular mail, in accordance with the requirements of the Act. A true and correct copy of such notice is attached hereto and made a part hereof as Exhibit "E". WHEREFORE, Plaintiff demands an in rem judgment against the Defendants for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 10, namely, $90,488.53 plus the following amounts accruing after January 3, 2012, to the date of judgment: (a) interest of $21.25 per diem; (b) late charges of 6.000% on any overdue payment of principal and interest per month; (c) plus interest at the legal rate allowed on judgments after the date of judgment; (d) additional attorney's fees (if any) hereafter incurred; (e) costs of suit; and (f) any amounts expended for future recoverable advances, corporate advances, taxes and insurance. Dated: February C?` , 2012 PARK JcJCA P .A. , By: t ? Z Christine A. Pinto, Esquire Attorney for Plaintiff i a VERIFICATION I, Daniel Staten hereby certify that I am a V"Pil"M of American Home Mortgage Servicing, Inc. attorney-in-fact for Plaintiff Wells Fargo Bank, N.A., as Trustee for MASTR Asset Backed Securities Trust 2005-OPT1, Mortgage Pass-Through Certificates, Series 2005-OPT1. As a VIp0for American Home Mortgage Servicing, Inc. attorney-in-fact for the Plaintiff, I am authorized to make this verification on behalf of the Plaintiff. I verify that the facts and statements set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief, based on review of business records during the normal course of business. This verification is made subject to the penalties of 18 Pa. C.S.§ 4904, relating to unswo alsification to authorities. Name: en Title: Via pteddat Docket No. PMC File No. 14871-11-04562 Defendant Name: Zane Furry Property: 104 Cleversburg Road, Shippensburg, PA 17257 EXHIBIT A Loan Number: 281 01 3 271 Servicing Number: OD1498575-- ADJUSTABLE RATE NOTE (LIBOR Index - Rate Caps) Date: 12/22/04 THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. CER 1ED TO aE T U A D CO R F H O I NA BY 104 CLEVERSBURG RD, SHIPPENSBURG, PA 17 7-9418 [Property Addressl t. BORROWER'S PROMISE TO PAY In return for a loan that I have received, 1 promise to pay U.S. $88,000.00 (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is 14.8R Block Mortgage Corporation, a Massachusetts Corporation I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. Interest will be calculated on the basis of a 12-month year and a 30-day month. I will pay interest at a yearly rate of 9.3008 The interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 70 of this Note. 3. PAYMENTS (A) Time and Place of Payments 1 will pay principal and interest by making payments every month. 1 will make my monthly payments on the first day of each month beginning on February 01 2005 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on, January 01 , 2035 1 still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at Option One Mortgage Corporation P.O. BOX 92103 LOS ANGELES, CA 90009-2103 or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. $727.15 This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. (D) Application of Payments Payments received by the Note Holder will be applied in the following order: (i) prepayment charges due under this Note; 00 amounts payable under paragraph 2 of the Security Instrument (defined below); (iii) interest due under this Note; ([v) principal due under this Note; and (v) late charges due under this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Darts The interest rate I will pay may change on the first day of January 01 , 2007 and on that day every sixth month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index." If the Index is no longer available, the Note Holder wilt choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding SEVEN AND 50/1000 percentage point(s) ( 7.0509 ) to the Current Index. The Note Holder will then round the result of this addition to the next higher one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that 1 am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. PENNSYLVANIA ADJUSTABLE RATE NOTE-LIEOR INDEX - Single Family Page I of 3 PANT0021.wp (02-08-02) - Loan Number: 28101 3271 Servicing Number: 001498575-8 Date: 12/22/04 (D) Limits on Interest Rue Cbanges The interest rate I am required to pay at the first Change Date will not be greater than 12.300% or less than 9.300% . Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one percentage point (1.04'0) from the rate of interest I have been paying for the preceding six months. My interest rate will never be greater than 15 .3006 or less than 9.300% (E) Effedive Date of Changes My new interest rate will become effective on each Change Date. 1 will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any lime before they are due, together with accrued interest. A payment of principal only is known as a "prepayment." When I make a prepayment, I will tell the Note Holder in writing that I am doing so. If 1 make a partial prepayment, there will be no changes in the due dates of my monthly payments unless the note Holder agrees in writing to those changes. My partial prepayment may reduce the amount of my monthly payments after the first Change Date following my partial prepayment. However, any reduction due to my partial prepayment may be offset by an interest rate increase. If within 24 Months from the date of execution of the Security Instrument 1 make a full prepayment or, in certain cases a partial prepayment, 1 will at the same time pay to the Note Holder a prepayment charge. The prepayment charge will be equal to six (6) months advance interest on the amount of any prepayment that, when added to all other amounts prepaid during the twelve (12) month period immediately preceding the date of the prepayment, exceeds twenty percent (20%) of the original principal amount of this Note. Notwithstanding the foregoing, 1 will not be required to pay a prepayment charge to the Note Holder if the original principal amount of the Note is $50,000 or less. In no event will such a charge be made unless it is authorized by state or federal law. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 6.0008 of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If 1 do not pay the full amount of each monthly payment on the date it is due, I will be in default. If I am in default, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all interest that I owe on that amount, together with any other charges that I owe under this Note or the Security Instrument, except as otherwise required by applicable law. (C) No Waiver by Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (D) Payment of Note Holder's Costs and Exponaes If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law, whether or not a lawsuit is filed. Those expenses include, for example, reasonable attorneys' fees, 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the property Address above or at a different address if 1 give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. Page 2 nt 3 PANr6022.wp (02.08.02) Loan Number: 281013271 0 it Servicing Number: 001998575-8 Date: 12/22/09 10. WAIVERS I and any other person who has obligations under this Note waive the rights of presentmcm and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. SECURED NOTE In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises that I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any pan of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent. Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However. this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shalt not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Gender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. t.Z. (Seal) (Seal) ZANE D F RY 17 -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower [Sign Original Only) Page 3 of 3 PANT0023.wp (02-08-02) Loan Number: 281013271 0 0 Servicing Number: 001498575-8 ALLONGE TO NOTE (HRBMQ This allonge makes reference to the following Note: Date: 12/22/04 Borrowers: ZANE D FURRY Loan N: 281013271 Property Address: 104 CLEVERSBURG RD, SHIPPENSBURG, PA 17257-9418 Loan Amount: $88,000.00 Note Date: 12/22/04 Therefore, in reference to the captioned note, the following applies: Pay to the order of. OPTION ONE MORTGAGE CORPORATION, A CALIFORNIA CORPORATION Without Recourse By: H&R Block Mortgage Corporation, a Massachusetts Corporation A Yint SecretaryPage l of l US1-13 ISI,wp (09-02-04) r Loan Number: 281013271 0 Servicing Number: 001498575-8 0 Date: 1.2/22/04 ALLONGE TO NOTE (INVESTOR) This allonge makes reference to the following Note: Borrowers: ZANE D FURRY Loan #: 281413271 Property Address: 104 CLEVERSBURG RD, SHIPPENSBURG, PA 17257-9418 Loan Amount: $88, 000.00 Note Date: 12/22/04 Therefore, in reference to the captioned note, the following applies: Pay to the order of. Option One Mortgage Corporation A California Corporation By: Assistant Secretary Without Recourse Page I of 1 USD3050.wp (03-14-03) EXHIBIT B j-- '01 Lcyt WHE RECORD D MAIL TO: 1 OPTIO ONE ORTGAGE CORP. P.O. BOX 096 IRVINE, 2619-7096 ATTN: ECORDS NAGEMENT Loan Number: 281013271 Servicing Number: 001498575-8 ?C Parcel Number: 39-37-2092-054 ., "c/?-,aR"r P.I?ZiEGLCR {t/t ICCUG r,4l 01' DEEDS RECORD& 1?0 Diversified Settlement Services, Inc 1206 Now Rodgers Rd. Bristol; PA (9007 [Space Above 11m Lim For Rwmhng DMI MORTGAGE THIS MORTGAGE ("Security instrument") is given on December 22, 2004 . The mortgagor is ZANE D FURRY A SINGLE MAN ("Borrower"). This Security Instrument is given to H&R Block Mortgage Corporation, a Massachusetts Corporation which is organized and existing under the laws of MASSACHUSETTS and whose address is 3 Burlington Woods, 2nd Floor, Burlington, MA 01803 ("Lender"). Borrower owes Lender the principal sum of EIGHTY EIGHT THOUSAND ... AND NO/100THs Dollars (U.S. 588, 000.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier. due and payable on January 01 , 2035 This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note: (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument, and (e) 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 Cumberland County, Pennsylvania: SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART THEREOF. PENNSYLVANIA - Single Family Page 1 of 10 PAD10011 (01112101) BKl893PGO347 Loan Number: 281013271 Servicing Number: 001498575-8 Dater 12/22/04 which has the address of 104 CLEVERSBURG RD, SHIPPENSBURG Istreet. City] Pennsylvania 17257-9418 ("Property Address"); [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property. " BORROWER 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. COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest: Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for. (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may 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 such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may 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. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid. Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. Page 2 of to PAD 10012 (01112101) OK 1893PGO348 Loan Number: 28101 3271 Servicing Number: 001498575-8 Date: 12/22/04 If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such ease Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property. Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shalt be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly. Borrower shall promptly furnish to Lender receipts evidencing the payments. 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: (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property bsurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shalt not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. 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, or applicable Law otherwise requires, insurance proceeds shall be applied first to reimburse Lender for costs and expenses incurred in connection with obtaining any such insurance proceeds, and then, at Lender's option, in such order and proportion as Lender may determine in its sole and absolute discretion, and regardless of any impairment of security or lack thereof: (i) to the suns secured by this Security Instrument, whether or not then due, and to such components thereof as Lender may determine in its sole and absolute discretion: and/or (ii) to Borrower to pay the costs and expenses of necessary repairs or Page 3 of 10 PAD10013 (01/12/01) ,6K 1893PG0349 Loan Number: 281013271 Servicing Number: 001498575-8 Date: 12/22/04 restoration of the Property to a condition satisfactory to Lender. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, Lender may collect the insurance proceeds. Lender may, in its sole and absolute discretion, and regardless of any impairment of security or lack thereof, use the proceeds to repair or restore the Property or to pay the sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. If Borrower obtains earthquake insurance, any other hazard insurance, or any other insurance on the Property and such insurance is not specifically required by Lender, then such insurance shall (i) name Lender as loss payee thereunder, and (ii) be subject to the provisions of this paragraph 5. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrowers Loan Application; Leaseholds. Borrower acknowledges that the Lender does not desire to make a loan to Borrower secured by this property on the terms contained in the Note unless the property is to be occupied by Borrower as Borrowers primarylsecondary residence. Lender makes non-owner residence loans of different terms. Borrower promises and assures Lender that Borrower intends to occupy this property as Borrower's primary/secondary residence and that Borrower will so occupy this property as its sole primarylsecondary residence within sixty (60) days after the date of the Security Instrument. If Borrower breaches this promise to occupy the property as Borrower's primary/secondary residence, then Lender may invoke any of the following remedies, in addition to the remedies provided in the Security Instrument; (1) Declare all sums secured by the Security Instrument due and payable and foreclose the Security Instrument, (2) Decrease the term of the loan and adjust the monthly payments under the Note accordingly, increase the interest rate and adjust the monthly payments under the Note accordingly, or (3) require that the principal balance be reduced to a percentage of either the original purchase price or the appraised value then being offered on non-owner occupied loans. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. 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. Borrower shall, at Borrower's own expense, appear in and defend any action or proceeding purporting to affect the Properly or any portion thereof or Borrower's title thereto, the validity or priority of the lien created by this Security Instrument, or the rights or powers of Lender with respect to this Security Instrument or the Property. All causes of action of Borrower, whether accrued before or after the date of this Security Instrument, for damage or injury to the Property or any part thereof, or in connection with any transaction financed in whole or in part by the proceeds of the Note or any other note secured by this Security Instrument, by Lender, or in connection with or affecting the Property or any part thereof, including causes of action arising in tort or contract and causes of Page 4 of 10 PAD 10014 (01/12/01) ?K 1893PGO350 Loan number: 28 101 3271 Servicing Number: 001498575-8 Date: 12/22/04 action for fraud or concealment of a material fact, are, at Lender's option, assigned to Lender, and the proceeds thereof shall be paid directly to Lender who, after deducting therefrom all its expenses, including reasonable attorneys' fees, may apply such proceeds to the sums secured by this Security Instrument or to any deficiency under this Security Instrument or may release any monies so received by it or any part thereof, as Lender may elect. Lender may, at its option, appear in and prosecute in its own name any action or proceeding to enforce any such cause of action and may make any compromise or settlement thereof. Borrower agrees to execute such further assignments and any other instruments as from time to time may be necessary to effectuate the foregoing provisions and as Lender shall request. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate in effect from time to time and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 9. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, 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 approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Lender may apply, use or release the condemnation proceeds in the same manner as provided in paragraph 5 hereof with respect to insurance proceeds. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or 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 proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. Page 5 of 10 PAD10015 (01112/01) BFI 893PGO35 I Loan Number: 28101 3271 Servicing Number: 001498575-8 Date: 12/22/04 11. 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 any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or 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 Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower'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 may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument 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 under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by 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. Page 6 of 10 PAD10016 (01/12/01) BK 1893PGO352 Loan Number: 28101 3271 Servicing Number: 001498575-8 Date: 12/22/04 18. Borrower's Right to Reinstate. If Borrower meets certain conditions. Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees: and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the 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 paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument, There also may 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 in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. The holder of the Note and this Security Instrument shall be deemed to be the Lender hereunder. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. 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. Borrower shall promptly give Lender written notice of 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. If Borrower learns, or is notified by any governmental or regulatory authority, 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. Borrower shall be solely responsible for, shall indemnify, defend and hold harmless Lender, its directors, officers, employees, attorneys, agents, and their respective successors and assigns, from and against any and all claims, demands, causes of action, loss, damage, cost (including actual attorneys' fees and court costs and costs of any required or necessary repair, cleanup or detoxification of the Property and the preparation and implementation of any closure, abatement, containment, remedial or other (required plan), expenses and liability directly or indirectly arising out of or attributable to (a) the use, generation. storage, release, threatened release, discharge, disposal, abatement or presence of Hazardous Substances on. under or about the Property, (b) the transport to or from the Property of any Hazardous Substances, (c) the violation of any Hazardous Substances law, and (d) any Hazardous Substances claims. As used in this paragraph 20. "Hazardous Substances" are those substances defined as toxic or hazardous substances 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. As used in this paragraph 20. "Environmental Law" means federal laws and taws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. ADDITIONAL COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. If any installment tinder the Note or notes secured hereby is not paid when due, or if Borrower shouW be in default under any provision of this Security Instrtmtent, or if Borrower is in default under any otter mortgage or other instrument segued by the Property, all sums seared by this Senuity Grstruntett and accrued interest hereon shall at once become due and payable at the option of Lender without prior notice, except as otherwise required by applicable law, and regardless of Page 7 of 10 PAD 10017 (01112/O 1) 9(K 1893PGO353 Loan Number: 28101 3271 Servicing Number: 001498575-8 Date: 12/22/04 any prior forbearance. In such event, Lender, at its option, and subject to applicable law, may then or thereafter invoke the power of sale and/or any other remedies or take any other actions permitted by applicable law. Lender will collect all expenses incurred in pursuing the remedies described in this Paragraph 21, including, but not limitod to, reasonable attorneys' fees and costs of title evidence. 22. Release.Upon payment of all sums secured by this Security Instrument, Lender shall release this property without warranty to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for releasing the Property for services rendered if the charging of the fee is permitted under applicable law. 23. 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. 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 26. 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. 27. Misrepresentation and Nondisclosure. Borrower has made certain written representations and disclosures in order to induce Lender to make the loan evidenced by the Note or notes which this Security Instrument secures, and in the event that Borrower has made any material misrepresentation or failed to disclose any material fact. Lender, at its option and without prior notice or demand, shall have the right to declare the indebtedness secured by this Security Instrument, irrespective of the maturity date specified in the Note or notes secured by this Security Instrument, immediately due and payable. 28. Time is of the Fssetce. Time is of the essence in the performance of each provision of this Security Instrument. 29. Waiver of Statute of Limitations. The pleading of the statute of limitations as a defense to enforcement of this Security Instrument, or any and all obligations referred to herein or secured hereby, is hereby waived to the fullest extent permitted by applicable law. 30. Modification. This Security Instrument may be modified or amended only by an agreement in writing signed by Borrower and Lender. 31. Reimbursement.To the extent permitted by applicable law, Borrower shall reimburse Trustee and Lender for any and all costs, fees and expenses which either may incur, expend or sustain in the execution of the trust created hereunder or in the performance of any act required or permitted hereunder or by law or in equity or otherwise arising out of or in connection with this Security Instrument, the Note, any other note secured by this Security Instrument or any other instrument executed by Borrower in connection with the Note or Security Instrument. To the extent permitted by applicable law, Borrower shall pay to Trustee and Lender their fees in connection with Trustee and Lender including, but not limited to assumption application fees; fees for payoff demands and, statements of loan balance; fees for making, transmitting and transporting copies of loan documents, verifications, full or partial lien releases and other documents requested by borrower or necessary for performance of Lender's rights or duties under this Security Instrument; fees arising from a returned or dishonored check; fees to determine whether the Property is occupied, protected, maintained or insured or related purposes; appraisal fees, inspection fees, legal fees, broker fees, insurance mid-term substitutions, repair expenses, foreclosure fees and costs arising from foreclosure of the Property and protection of the security for this Security Instrument; and all other pose 8 of 10 PAD 10018 (01/1Z101) gK 1893PG0354 Loan Number: 281013271 Servicing Number: 001998575-8 Date: 12/22/04 fees and costs of a similar nature not otherwise prohibited by law. Permitted by applicable law, Borrower shall pay to Lender their fees in connection with Lender providing documents or services arising out of or in connection with this Security Instrument, the Note, any other note secured by this Security Instrument or any other instrument executed by Borrower in connection with the Note or Security Instrument. 32. Clerical Error. In the event Lender at any time discovers that the Note, any other note secured by this Security Instrument, the Security Instrument, or any other document or instrument executed in connection with the Security Instrument, Note or notes contains an error that was caused by a clerical mistake, calculation error, computer malfunction, printing error or similar error, Borrower agrees, upon notice from Lender, to re-execute any documents that are necessary to correct any such error(s). Borrower further agrees that Lender will not be liable to Borrower for any damages incurred by Borrower that are directly or indirectly caused by any such error. 33. Lost Stolen, Destroyed or Mutilated Security Instn mmt and Other Documents. In the event of the loss, theft or destruction of the Note, any other note secured by this Security Instrument, the Security Instrument or any other documents or instruments executed in connection with the Security Instrument, Note or notes (collectively, the "Loan Documents"), upon Borrower's receipt of an indemnification executed in favor of Borrower by Lender, or, in the event of the mutilation of any of the Loan Documents, upon Lender's surrender to Borrower of the mutilated Loan Document, Borrower shall execute and deliver to Lender a Loan Document in form and content identical to, and to serve as a replacement of, the lost, stolen, destroyed, or mutilated Loan document, and such replacement shall have the same force and effect as the lost, stolen, destroyed, or mutilated Loan Documents, and may be treated for all purposes as the original copy of such Loan Document. 34. Assignment of Rents. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property. Borrower shall have the right to collect and retain the rents of the Property as they become due and payable provided Lender has not exercised its rights to require immediate payment in full of the sums secured by this Security instrument and Borrower has not abandoned the Property. 35. Riders to this Security Instnunmt. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] x? Adjustable Rate Rider ? Condominium Rider ? 1-4 Family Rider ? No Prepayment Penalty Option Rider ? Planned Unit Development Rider ? Occupancy Rider ? Other(s) (specify) ? Page 9 of 10 PAD 10019 (0I I l UO I ) OK I $93PGO355 Loan Number: 28101 3271 Servicing Number: 001498575-8 Date: 12/22/04 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witness 111 (Seal) -Borrower (Seal) -Borrower (Seal) (Seal) ZANE66 FURRY -Borrower -Borrower (Seal) (Seal) -Borrower .Borrower Certificate of Ratidenna /? ?,? / 1, Valk ? ,! • 2 r / 6e, do hereby certify that the correct address of the within-named Mortgagee is 3 Burlington woods, 2nd Floor, Burlington,,KA 01803 Witness my hand this ?/ aA(? day or_ Agent of Mortgagee COMMONWEALTH OF PENNSYLVANIA, County ss: On this, the ? hN day of?PC? ?06efore me, the undersigned officer, personally appear 7:?r y known to me (or satisfactorily proven) to be the Pepon whose name 1_?5 subscribed to the within instrument and acknowledged that (/CA- executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. M Commission Ex ires: __- y p NOTARIAL SEAL KARLA M INTILE Notary Public STRABAN EUW TOWNSHIP ADAMS COUNTY Commission Expires Feb 10, 2007 -MY Tide of Officer "We 10 of 10 PAD 10020 (01112101) '- BK 1893PGO356 Exhibit A AIL THAT CERTAIN property in the Southampton Township, County of Cumberland and Commonwealth of Pennsylvania, Parcel ID # 39-37-2092-054, being more fully desenW in Deed dated January 11, 2002, and recorded January 29, 2002, in the land records of the County and State set forth above, in Deed Book 250, page 822. TSS240-00022 Certify this to be recorded :11 Cumberland County PA Recorder of Deeds BK 1893VG0357 Loan Number: 281 01 3271 Servicing Number: 001498575-8 Date: 12/22/04 ADJUSTABLE RATE RIDER (LIBOR Index - Rate Caps) THIS ADJUSTABLE RATE RIDER is made December 22, 2004 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Adjustable Rate Note (the "Note") to H&R Block Mortgage Corporation, a Massachusetts Corporation (the "Lender") of the same date and covering the property described in the Security Instrument and located at: 104 CLEVERSBURG RD, SHIPPENSBURG, PA 17257-9418 [Property Address] THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE L134I7'S THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: The Note provides for an initial interest rate of 9.3008 The Note provides for changes in the interest rate and the monthly payments, as follows: 4, INTEREST RATE AND MONTHLY PAYMENT CHANGES (Al) Change Dates The interest rate I will pay may change on the first day of January 01 2007 and on that day every sixth month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding SEVEN AND 50/1000 percentage point(s) ( 7,0508 ) to the Current Index. The Note Holder will then round the result of this addition to the next higher one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will MULTISTATE ADJUSTABLE RATE RIDER-LUM INDEX - Seigle F=4 Page 1 of 3 USR10021 (02-23-99) BK i 893PGQ358. Loan Number 28101 3271 Servicing Number: 001 49857 5-8 Date: 1 2/22/04 be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that 1 am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 12 .300% or less than 9.300% . Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one percentage point (1.0%) from the rate of interest I have been paying for the preceding six months. In no event will my interest rate be greater than 15.300% or less than 9.300% (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question 1 may have regarding the notice. TRANSFER OF THE PROPERTY OR A BENEFICIAL QVTEREST IN BORROWER Covenant 17 of the Security Instrument is amended to read as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of, the date of this Security Instrument. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full. Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed 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. MULTISTATE ADJUSTABLE RATE RmER-IJBOR INDEX-Single Family Page 2 of 3 USR10022 (02-23-99) BK 1893PGO359 Loan Number: 281013271 Servicing Number: 001498575-8 Date: 12/22/04 BY SIGNING BELOW. Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Riderr%?/?/? ' ?" ? /r,L" (Seal) (Seal) ZANE FURRY (Seal) MULTISTATE ADJUSTABLE RATE RIDER-LIBOR INDEX-Single Faaaity Page 3 of 3 USR10023 (02-23-99) BK 1893PG0360' EXHIBIT C RECORDING REQUESTED AND PREPARED BY: American Document Services Inc. 258 Commerce, 2nd Floor Irvine, CA 92662 (714) 665-2800 IHIELDA DAVALOS (AMR DOCS) And When Recorded Mail To: American Document Services Inc 250 Commerce, 2nd Floor Irvine, CA 92602 Gi'Zt ¢; 11EGLER ..t?.nLa?^?t}??OSF Space above for Recorder's use Loan#: 281013271 Service: 164USASI I - MINS MMMEI + ASSIGNMENT OF MORTGAGE 6689 HIRB For good and valuable consideration, the sufficiency of which is hereby acknowledged, R&R BLOCK MORTGAGE CORP., A MASSACHUSETTS CORP., 20 BLANCHARD ROAD BURLINGTON MA 01803-0000. By these presents does convey, grant, bargain, sell, assign, transfer and set over to: OPTION ONE MORTGAGE CORPORATION, 3 ADA IRVINE CA 92618-0660. The described Mortgage, together with the certain note(s) described therein with all interest, all liens, and any rights due or to become due thereon. Said Mortgage for $88,000.00 is recorded in the State of PENNSYLVANIA, Township of SOUTHAMPTON, Couaty of CUMBERLAND Official Records, dated and recorded on JANUARY 03, 2005, as Iastrament No. ---, in Book No. 1893, at Page No. 347. Original Mortgagor: ZANE D FURRY A SINGLE MAN. Original Mortgagee: H&R BLOCK MORTGAGE CORPORATION; A MASSACHUSETTS CORPORATION. Legal Description: ALL. THAT CERTAIN PROPERTY IN THE SOUTHAMPTON TOWNSHIP, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSLVANIA, PARCEL ID # 39-37-2092-W, BEING MORE FULLY DESCRIBED IN DEED DATED JANUARY 11, 2062, AND RECORDED JANURARY 29, 2062, IN THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED BOOK 240, PAGE 822.. Property Address: 104 CLEVERSBURG RD, SEMPENSBURG PA 17257, PARCEL# 39-37-2092-054. Date: AUGUST 27, 2005 H&R BLOCK MORTGAGE CORPORATION, A MASSACHUSETTS CORPORATION By: Rachel Warmack, Vice President (1 BOOK 720 eAcE4045 Loan#: 281013271 Srv##: 104248AS1 Page 2 State of gALffORNIA } County of OR G } ss. On AUGUST 27, 2005, before me, Elizabeth Garcia, personally appeared Rachel Warmack, Vice President of H&R BLOCK MORTGAGE CORPORATION, A MASSACHUSETTS CORPORATION personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hialberltheir authorized capacity(ies) and that by hiskerAheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ELiZAd@TH OARCIA taM.il?eTSJT rty ?. CO Witness my hand an vial us Noorry Pubk-Cel tornle to ORANOECOUNTY s My Corns. E* Aug 30,20H (Notary N e): E ci I hereby certi thathe?reci address of the arced assignee is: 3 ADA IRVINE CA. 92618-0000 By: Rachel Warmack, Vice President P ?. ?-? Recorder of Deeds Bom 720 PACE 4046 Loan#:281013271 Service#:104248AS1 1mmumn+ ASSIGNMENT OF MORTGAGE Between: H&R BLOCK MORTGAGE CORP., A MASSACHUSETTS CORP., 20 BLANCHARD ROAD BURLINGTON MA 01803-0000, assignor. And OPTION ONE MORTGAGE CORPORATION, 3 ADA IRVINE CA 92613-OM , assignee. Mail To: American Document Services Inc. 250 Commerce, 2nd Floor Irvine, CA 92602 CERTIFICATE OF RESIDENCE does hereby certify that ASSIGNEE'S precise residence is 3 ADA IRVINE CA 92618-0000 Acknowledged by: Rackel Warmack, Vice President BOOK 720 PAGE 4047 ADPAALAS EXHIBIT D All that certain tract of real estate together with improvements erected thereon known as 104 Cleversburg Road, situate in Southampton Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: Beginning at a corner in the middle of the road leading to Fayetteville; thence along the middle of said road, Westerly sixty (60) feet to a corner on land now or formerly of C. Clever, thence South, One hundred and ninety-five (195) feet to the middle of an alley; thence in said alley, East sixty (60) feet to a corner of land now or formerly of Jane Hoch's lot; from thence, North one hundred and ninety-five (195) feet to the place of beginning, Containing a full lot of ground according to the plot of said Village acres total area. Excepting, However, that the present water system and main running through the premises shall not be interfered with or changed except insofar as it directly affects the within described premises. And Also Including The Following Described Lot, Beginning at a point being a post along the Cleversburg Road at lands now or formerly of Raymond Diven and Dorothy Diven, his wife; thence along lands now or formerly of Raymond Diven and Dorothy Diven, his wife, South four (04) degrees thirty (30) minutes East, four hundred forty-two (442) feet to a stake; thence along other lands now or formerly of Raymond Diven and Dorothy Diven, his wife North eighty-four (84) degrees fifteen (15) minutes East, one hundred thirty-six (136) feet to a post; thence along lands now or formerly of Trustees of Cleversburg Community Playground, North three (03) degrees fifty (50) minutes West, two hundred fifty-three and eight tenths (253.8) to a post; thence along lands now or formerly of Kate Gutshall, Chas. And Clara G. Lynch, and John E. and Violet L. Strayer, South eighty-eight (88) degrees ten (10) minutes West, one hundred thirty-five (135) feet to a point; thence along lands now or formerly of John E. and Violet L. Strayer, North four (04) degrees thirty (30) minutes West, one hundred eighty (180) feet to a point along the Cleversburg Road; thence along the Cleversburg Road, South eighty-nine (89) degrees West, ten (10) feet to a point, being a post, the place of beginning. Containing 87/1 00th acres, more or less, according to survey and draft made March 29, 1949, by T.L. Essick, Reg. Prof Eng., of Shippensburg, Pennsylvania, and recorded in Cumberland County Deed Book "E", Volume 36, at Page 128. Subject to agreement to maintain a fence along the western boundary line of the above described tract as more fully set forth in Cumberland County Deed Book "E", Volume 36, at Page 127. Excepting, However, that the present water system and main running through the premises shall not be interfered with or changed except insofar as it directly affects the within described premises. Tax ID No. 39-37-2092-054 For information purposes only - property a/k/a 104 Cleversburg Road Shippensburg, PA 17257 Title to said premises is vested in Zane D. Furry by deed from Zane D. Furry and Tracy D. Furry, husband and wife, dated 1/11/2002 and recorded on 1/29/2002 in Book 250, Page 823. EXHIBIT E American Home Mortgage Servicing Inc. PO Box 9092 Temecula, CA 92589-9092 PRESORT First-Class Mail U.S. Postage and Fees Paid W SO 2253478884 20110815-156 ? k c .1I???I???II?IIII?IIIII??III?I??I???II?I'1111111v-11-1-1111111.1 ZANE D FURRY 104 CLEVERSBURG RD SHIPPENSBURG, PA 17257-9418 OP001 _PA P.O. Box 631730 Irving, TX 75063-1730 08/15/2011 ZANE D FtJRRY 104 CLE VERSBURG RD SHIPPENSBURG, PA 17257-9418 Loan Number: 0014985758 Property Address: 104 CLEVERSBIJRG RD SHIPPENSBURG, PA 17257 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE www.ahmsi3.com This is an official Notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Aeencv. The name address and phone number of Consumer Credit Counseling Agencies servingyour County are listed at the end of the Notice If you have any questions you may call the Pennsylvania Housing Finance Agency toll-free at (800) 342-2397. (persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICAC16N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCC16N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. a HOMEOWNER'S NAME(S): ZANE D FURRY OP00]_PA Pagel of6 2253478884 e i PROPERTY ADDRESS: 104 CLEVERSBURG RD SHIPPENSBURG, PA 17257 LOAN ACCT. NO.: 0014985758 ORIGINAL LENDER: American Home Mortgage Servicing, Inc CURRENT LENDER/SERVICER: Wells Fargo Bank, N.A., as Trustee for MASTR Asset Backed Securities Trust 2005-OPTI, Mortgage Pass-Through Certificates, Series 2005-OPTI HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are enttled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses, and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program, and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE" YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. OP00 ] _P A Page 2of6 2253478884 AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date.) NATURE OF THE DEFAULT - American Home Mortgage Servicing, Inc is currently servicing your Mortgage Loan that is secured by the property located at: 104 CLEVERSBURG RD SHIPPENSBURG, PA 17257 YOUR LOAN IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Payments from 06/01/2011: $3,276.96 Late Charge(s) (if applicable): $830.87 Other Charge(s): NSF and Advances (if applicable): $0.00 Less: Credit Balance: $500.00 TOTAL YOU MUST PAY TO CURE DEFAULT: $3,836.63 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH $3,836.63 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: American Home Mortgage Servicing, Inc P.O. Box 660029 Dallas, TX 75266-0029 or Overnight to: American Home Mortgage Servicing, Inc 1525 S. Beltline Road Coppell, TX 75019 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal ' K OP001 _PA Page3of6 2253478884 proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: American Home Mortgage Servicing, Inc Address: 1525 S Beltline Rd Coppell, TX 75019 Phone Number: (877) 304-3100 Fax Number (866) 497-1263 Contact Person: Brandon Wirth or Michael Heath Email Address: brandon.wirth@ahmsi3.com or miehael.heath@ahmsi3,com Website: www.ahmsi3.com EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale and that other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE (3) TIMES IN ANY CALENDAR YEAR) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. OP001_PA Page4 of6 2253478884 A s F M TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. You may also contact a HUD-approved housing counseling agency toll-free at (800) 569-4287 or TDD (800) 877-8339 for the housing counseling agency nearest you. These services are usually free of charge. CREDIT COUNSELING AGENCIES SERVICING YOUR COUNTY CM BE LOCATED ON THE ATTACHED LIST OF COUNSELING AGENCIES LOCATED IN THE STATE OF PENNS'YVANrA American Home Mortgage Servicing, Inc is attempting to collect a debt, and ary information obtained will be used for that purpose. Unless you notify us within thirty (30) days after receiving this notice that you dispute the validity of this debt or any portion thereof, we will assume this debt is valid. Uyou notify us within thirty (30) days from receiving this notice that you dispute the validity of this debt or any portion thereof, we will obtain verification of the debt or obtain a copy of a judgment and mail you a copy d such judgment or verification. Upon your written request within thirty (30) days after the receipt of this notte, we will provide you with the name and address of the original creditor, if the original creditor is different frtn the current creditor. Sincerely, American Home Mortgage Servicing, Inc P.O. Box 631730 Irving, TX 75063-1730 Phone: (877) 304-3100 k1l'-, OP001_PA Page 5 of 6 2253478884 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY rrttrp , 1 t , 2w§ I2 MAR -6 AN 8: q,5 11 r"E1R9J.SYE.,VANdA Wells Fargo Bank, N.A. vs. Zane D Furry Case Number 2012-1197 SHERIFF'S RETURN OF SERVICE 03101/2012 03:50 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 1, 2012 at 1550 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Zane D. Furry, by making known unto Nickolas Furry, Son of Defendant at 104 Cleversburg Road, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to him personally the said true and correct copy of the same. ROBE T BSHERIFF COST: $48.00 March 06, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF PARKER McCAY P.A. By: Katherine E. Knowlton, Esquire Attorney ID# 31713 9000 Midlantic Drive, Suite 300 P.O. Box 5054 Mount Laurel, NJ 08054-1539 (856) 810-5815 Attorneys for Plaintiff File No. 14871-11-04562 / 14871-0752 Wells Fargo Bank, N.A., as Trustee for MASTR Asset Backed Securities Trust 2005-OPT1, Mortgage Pass-Through Certificates, Series 2005-OPT1 4875 Belfort Road, Suite 130 Jacksonville, FL 32256 a F 3 c N1 0 Ii ii , 208? APR -9 PH 1: 44 I UMBERLAND COUNT'S' PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY FEBRUARY TERM 2012 NO. 2012-1197 Plaintiff, V. CIVIL ACTION Zane D. Furry 104 Cleversburg Road Shippensburg, PA 17257 Defendant. MORTAGE FORECLOSURE PRAECIPE TO SATISFY AND DISCONTINUE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please withdraw Plaintiffs Complaint for Mortgage Foreclosure and mark same Satisfied and discontinued without prejudice. PARKER McCAY P.A. Dated: April 3, 2012 By: Katherine E. Knowlton, Esquire Attorney for Plaintiff cc: Zane D. Furry 104 Cleversburg Road Shippensburg, PA 17257