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Home My WebLink About12-2307File No. 14871-12-05274 PARKER McCAY P.A. By: Katherine E. Knowlton, Esquire Attorney ID# 311713 9000 Midlantic Drive, Suite 300 P.O. Box 5054 Mount Laurel, NJ 08054-1539 (856) 810-5815 Attorneys for Plaintiff pt } ?i F n11 T L 1"A Deutsche Bank National Trust Company, as Trustee for Argent Securities Inc., Asset-Backed Pass- Through Certificates, Series 2005-W3 4875 Belfort Road, Suite 130 Jacksonville, FL 32256 Plaintiff, V. Brian M. Morrow and Donna L. Morrow 350 W Penn Street Carlisle, PA 17013 Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY APRIL TERM 2012 /Ny NO. a1>/a- d967 U'vif CIVIL ACTION MORTAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. Q?? i6 3.7.Spd a,? ej# ?2,o2737Sa 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 File No. 14871-12-05274 PARKER McCAY P.A. By: Katherine E. Knowlton, Esquire Attorney ID# 311713 9000 Midlantic Drive, Suite 300 P.O. Box 5054 Mount Laurel, NJ 08054-1539 (856) 810-5815 Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee for Argent Securities Inc., Asset-Backed Pass- Through Certificates, Series 2005-W3 4875 Belfort Road, Suite 130 Jacksonville, FL 32256 COURT OF COMMON PLEAS CUMBERLAND COUNTY APRIL TERM 2012 NO. Plaintiff, V. Brian M. Morrow and Donna L. Morrow 350 W Penn Street Carlisle, PA 17013 CIVIL ACTION MORTAGE FORECLOSURE Defendants. COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is Deutsche Bank National Trust Company, as Trustee for Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-W3 (the "Plaintiff'), whose address is c/o American Home Mortgage Servicing Inc., 4875 Belfort Road, Suite 130, Jacksonville, FL 32256. 2. Brian M. Morrow and Donna L. Morrow (hereinafter referred to as "Defendants") are adult individuals and are the real owners of the property hereinafter described. 3. Defendants reside at 350 W Penn Street, Carlisle, PA 17013. 4. On August 10, 2005, in consideration of a loan in the principal amount of $85,850.00, Defendants executed and delivered to Argent Mortgage Company, LLC, a fixed rate note (the "Note") with an interest rate at 7.650% per annum, and monthly payments of $803.18 commencing on October 1, 2005, continuing each month until the maturity date of September 1, 2020. 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, Defendants executed and delivered to Argent Mortgage Company, LLC, a mortgage (the "Mortgage") dated August 10, 2005 and recorded on August 15, 2005 in the Recorder of Deeds in and for the County of Cumberland in Book 1918, Page 3921. A true and correct copy of the Mortgage is attached hereto and made a part hereof as Exhibit "B". 6. By Assignment of Mortgage, Argent Mortgage Company, LLC assigned its Mortgage to Deutsche Bank National Trust Company, as Trustee for, Argent Securities Inc. Asset-Backed Pass-Through Certificates, Series 2005-W3, which Assignment of Mortgage was recorded on February 27, 2008 in the Recorder of Deeds in and for the County of Cumberland as Instrument No. 200805582. A true and correct copy of the Assignment of Mortgage is attached hereto and made a part hereof as Exhibit "C". 7. The Mortgage secures the following real property (the "Mortgaged Premises"): 350 W Penn Street, Carlisle, PA 17013. A copy of the legal description of the Mortgaged Premises is attached hereto and made a part hereof as Exhibit "D". 8. Defendants are in default of their obligation pursuant to the Note and Mortgage because payments of principal and interest due October 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. 9. The following amounts are due on the Mortgage and Note: Balance of Principal $62,561.85 Accrued but Unpaid Interest from 9/1/2011 - 3/16/2012 7.650% $2,602.78 Accumulated Late Charges $844.89 Recoverable Balance $532.94 Title Search Fees $250.00 Reasonable Attorney's Fees $1,300.00 TOTAL as of March 16, 2012 $68,092.46 Plus, the following amounts accrued after March 16, 2012: Interest at the current Rate of 7.650% per annum ($13.11 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. 10. 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. 11. A pre-foreclosure notice was sent to the Defendants, on December 16, 2011, via certified and regular mail. Pursuant to the supplemental notice published in the Pennsylvania Bulletin, (41 Pa.B. 3943), Act 91 Notice is no longer required nor applicable to any mortgage foreclosure action filed August 27, 2011 or later. 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 9, namely, $68,092.46 plus the following amounts accruing after March 16, 2012, to the date of judgment: (a) interest of $13.11 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. PARKER McCAY P.A. Dated: April A-, 2012 By: Katherine E. Knowlton, Esquire Attorney for Plaintiff VERIFICATION I, Angela Edwardshereby certify that I am a Vice President of American Home Mortgage Servicing, Inc. attorney-in-fact for Plaintiff Deutsche Bank National Trust Company, as Trustee for Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-W3. As /ice PresOP%erican 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 unworn falsificati ties` Kurd. N e: Title: Vice President Docket No. PMC File No. 14871-12-05274 Defendant Name: Brian M. Morrow and Donna L. Morrow Property: 350 W. Penn Street, Carlisle, PA 17013 EXHIBIT A 1 0 LoaTRo. 0085729556 - 9705 FIXED RATE NOTE THIS LOAN HAS A PREPAYMENT PENALTY PROVISION. August 10, 2005 Rolling Meadows IL [Date] Icityl [state] 350 W PENN STREET, CARLISLE, PA 17013 [Property Address] BORROWER'S PROMISE TO PAY In return for a loan that I have received, 1 promise to pay U.S. $ 85,850.00 (this amount is called "principal"), plus interest, to the order of the Lender. The Lender Is Argent Mortgage Company, LLC . 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" INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 7.650 %. The interest rate required by this Section 2 is the rate I will pay before and after any default described in Section 6(B) of this Note. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the first day of each month beginning on October 1, 2005. 1 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 September 1, 2020, 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: 505 City Parkway West, Suite 100, Orange, CA 92868 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payments will be In the amount of U.S. $803.18. BORROWER'S RIGHT TO PREPAY I may repay this Note at any time as provided for in this paragraph. If the original principal amount of this loan is $50,000.00 or less, I may make a full or partial prepayment without paying any penalty. However, If the original principal amount of this Note exceeds $50,000.00, and if within the first 3.00 year(s) after the execution of this Mortgage, I make full prepayment or, in certain cases a partial prepayment, and the total of such prepayments in any one (1) year exceeds twenty percent (20%) of the original principal amount, I will pay a prepayment charge in an amount equal to the payment of six (6) months advance Interest on the amount prepaid which is in excess of twenty (20%) of the original principal amount. 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; (]) any such loan charged shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (11) 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 1 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. i. 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 fifteen calendar days after the date it is due, 1 will pay a late charge to the Note Holder. The amount of fhe merge w-ill- 6e V.oOD eoo of my-overdue- payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that If I do not pay the overdue amount by a certain 'tale the mote Holder may require me to pay immediately the full amount of principal which has not been paid and all the Interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed me. Initials: 1 of 2 08H020049999:22 AM t00.1PA [Rev. 10!001 0 Ao. 0085729556 - 9705 (D) No Waiver by Note Holder Even if, at a time when I am In default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so If I am In default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately In full as described above, the Note Holder will have the right to be paid back by me for all its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorney's fees. 1. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing It by first class mail to me at the Property Address above or at a different address If I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mall 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. 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. WAIVERS i and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "PresentmenP 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. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some Jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result If I do not keep 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 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 prohibited by federal law as of the date of this Security Instrument. If the 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 ordemand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED , BRIAN M. MORROW _(Seal) grower: DONNA L. MORROW SSN: - Borrower: SSN: Initials: 2of2 08/1012005 9:09:22 AM IQ=) EXHIBIT B RC!;4??Y p ZIEGLER ,c?:• OF DEE:;el, . , ,.f ,,,:., ?..,,.( ?- . ,... ZOOS RUB 15 Pfd 2 4$ Prepared By:Argent Mortgage Company, LLC Return To: Donna Mordica Arggent Mortgage Company, LLC 2550 Golf Road, East Tower, 10th F,O. Box 5047 Floor,Rolling Meadows, IL 60008 Rolling Meadows, IL 60008 Parcel Number: 05202798212 (Space Above TU Une For Recordhig Data] MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used In this document are also provided In Section 16. (A) "Security Instrument" means this document, which is datedAugust 10, 2005 , together with all Riders to this document. (B) "Borrower" is BRIAN M. MORROW and DONNA L. MORROW, Husband and Wi fe, as tenants by the entireties Borrower is the mortgagor under this Security Instrument. (C) "Lender" is Argent Mortgage Company, LLC Lmderisa Limited Liability Company 0085729556-9705 PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3099 1101 4ft-01PA) foooel 08/10/2005 9:09;22 Paps 1 of 18 IN4W:? VMP MORTGAGE FOAMS - (800)621-7291 dO"Ipa (05/M05)Rev.0t t19{8PG392i (Vlss organized and existing under the laws of Delaware Lender's address is One City Boulevard West Orange, CA 92868 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and datedAugust 10, 2005 The Note states that Borrower owes Lender ei ghty- fi ve thousand eight hundred fifty and 00/100 Dollars (U.S. $85.850. 00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than September 1, 2020 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower (check box as applicable]: Adjustable Rate Rider Condominium Rider Second Home Rider Balloon Rider Q Planned Unit Development Rider P1-4 Family Rider ? VA Rider [] Biweekly Payment Rider Other(s) (specify] (H) "Applicable Law" means all controlling applicable federal, state and local statutes. regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (1) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (.1) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft; or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (1q "Escrow hems" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; 00 condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (l) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. no8r.7295 6 -9705 m2m -tlPnliooos) P.Qazorte 08/10/2005 9: 9:22 Form 3039 1101 D06-02PA (05n005)Rnv.01 Bl91HUM- (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3300), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instilment, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor In Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note: and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the County rrrm of aecorftMisdicaoul of CUMBERLAND [Name of Recorftg lueiadicdonl: LEGAL DESCRIPTION ATTACHED HERETO AND HARE A PART HEREOF: which currently has the address of 350 W PENN STREET (Strw) CARLISLE [aryl, Pennsylvania 17013 [zip Code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter crectod on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. Ail replacements and additions shall also be covered by this Security Instrument. All of the foregoing Is referred to in this Security Instrument as the "Property008572 5511 - 9705 (WWA) (ooos) Page3 of ie 08/10/2005 9:022 Fomn 3039 1/01 doh-03pa(05/=5)Rev.01 BK 19 18PG3923 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and' that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and say prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits arc insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current, Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on utraapplied funds. Leader may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Leader shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Insert ment, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Leader may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be 00857290 e19 =9705 In sw4te M/0 -4ft-61PA) (oooe) Page 'of '6 08/10/20(}5 9.09:22 Form 3038 1ro1 (x "4PA (05/2005)Rev.01 BK 19 18PG39-24 paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayment* shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Fmow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the Tunds') to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender tinder Section 5; and (d) Mortgage Insurance premiums, if any, or any sutras payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Pees, and Assessments, if any, be escrowed by Borrower, and such duce, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Itans unless Lender waives Borrower's obligation to pay the Funds for say or all Escrow Items. Leader may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Leader and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as reader may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated) to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Leader any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a leader can require under RESPA. Leander shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Leader is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Leader pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Leader shall not be required to pay Borrower any interest or earnings on the Funds, Borrower and Leader can agree in writing, however, that interest 008W 6-9705 r,wtlu TI, A Popa6 ? ®-G(PAImoom of 16 08/10/2005 :09:2 F0f"3O39 7107 D06-OPA (05=05)Rev.01 W{191.8PG3925 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RWPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Leader the amount necessary to make up the shortage in accordance with RLSPA, but in no more than 12 monthly payments. If these is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by PESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges, Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments. if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Im rance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Leader requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occu which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. - 556 -9705 008v iniWer 1,1 ,/?7 fts(PA)Ioooe1 P&Q46of16 08/10/2005 9:0922 FO-3039 1101 D06-06PA (0512005)Rev.01 BK 1918PG3926 If Borrower fails to maintain any of the coverages described above, Leader may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Leader, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against arty risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Leader under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clam, and shall harm Lender as mortgagee and/or as an additional loss payee. Leader shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premium and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee- In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Leader and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was mquired by Leader, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened, During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is grade in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shalt not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property. Leader may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Leader that the insurance carrier has offered to settle a claim, that Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 00857 9556 - 9705 rte: 4W-G(PA) moos) Pep7of 16 08/10/2005 9:09:22 Fortm 3039 1/01 D064YMA (05/2005)Rov.01 B 1918PG3927 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year alter the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspectlons. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause, 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include. but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest In the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned' the Property, then bender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessiog the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other cock violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. 0085 2955 - 9705 -G(PA) mmi Pao* ao"s 08/10/2005 9: 9: 2 ft- 3039 1101 4k D06-08PA (05/2005)Rev.01 8K 19-18PG3928 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires foe title to the Property. the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to matte separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effort, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the Insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refltndabie, notwithstanding the fact that the Loan is ultimately paid in full, and Leader shall not be required to pay Borrower any interest or earnings on such loan reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lander requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to matte separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends In accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affe e s Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance In force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or patties) to these agreements. These agreements may require the mortgage insurer to melts payments using any am= of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsures, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Purther: (a) Any such agreesnents will not affect the amouots that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agremremts will mot increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. 008 29556, 9 705 -01PA) 100081 Pp" 9 of 16 08/10/2005 9:09:27 Form 3038 1/01 D06-09PA (0V20o5)Rev,01 BK-1918PG3929 (b) Any such agreements win not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1946 or any other law. ThM rights may Include the right to receive oertain awWourea, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage lump roe twmhmged automatically, and/or to receive a refind of any Mortgage Insurance premium that were unearned at the time of such canodlati0n or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible sad Lender's security is not lessened. During such repair and restoration period, Lender shalt have the right to bold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to mom the work has been completed to Leader's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is Meted. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower my interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Leader's security would be lessened, the Miscellaneous Proceeds shall be applied to the sumo; secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss . in value of the Property, the Miscellaneous proceeds shall be applied to the sutras secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property innnediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing party (as defined in the next sentence) offers to stake an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Leader is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sutras secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in. forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be 008 55f -9705 i08 SIPAI =081 Pogo ,°o"a 08/10/2005 22r?Form 3039 1/01 D06-1OPA (05=05)Rov.01 BK 91.. 8PG3930 dismissed with a ruling that, in bender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. 1be proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Linda Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Asdgas Bound. Borrower covenants and agrees that Borrower's obligations and liability shell be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the term of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Iustrurneat; and (c) agrees that Lender and say other Borrower can agree to extend, modify, forbear or make any aecomnrodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. 71e covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's Interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property Inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Leander may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to 0085 55 9705 WGMA?(oooe( Pogo 11011$ 08/10/2005 9:09:22 Form 3039 1101 D06-1 IPA (05I2005)Rev.01 BK 19 18PG3931 have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified prowdtue. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Leader until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severabillty; Rules of Contraction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property Is located. All rights and obligations contained in this Security Insm ment are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the patties to agree by contract or it might be silent, but such silence shall not be corrstnral as a prohibition against agreemmt by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Trrrnater of the Property or a Be clad Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which Is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial Interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Sectuity Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instru rnent and the Note as if no acceleration had oecuned; (b) cures any default of my other covenants or 0085 955A - 9705 WWA) ime) P'o'rr°'10 08/10/2005 9: 9: 2mFoen3O39 1101 D06-12PA (05/M5)Rev.o1 89191 BPG3932 agreements; (c) pays all expenses incurred in enforcing this Security Instruct, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees Incurred for die purpose of protecting Lender's interest in the Property and- rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's Interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as adexxed by Louder: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Elecuomic Funds Transfer. Upon reinstatement by Borrower, this Security instrunwat and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Serview; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loam Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. 'There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will am the name and address of the new Loan Servicer, the address to which payments should be made and any other information RE.SPA requires in connection with a notice of transfer of servicing. ff the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given; in compliance with the requirements of Sectinn 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Raaardous Substances. As used in this Section 21: (a) "Hazardous Substances' are those substances defined as toxic or hazardous substances, pollutants, or wastes by Envimmtnental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, tonic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) *Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an 'Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. 00857 955 05 WOMA) {oom Page 13 of if 08/10/2005 9:09:22 Form 3039 1101 D06-13PA (05rW05)Rev.01 OWK 19 1 8PG3933 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that Is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (e) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the property. The preceding two sentences shall not apply to the ppreseace, use. or storage on the Property of small qusatlties of Hazardous Substances that are, generally recognized to be appropriate to normal residential uses and to maintenance of the Property (iluding, but not limited to, hazardous substances in eonsus nee products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition cursed by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or to notified by any governmental or regulatory authority, or any private party, that any removal or other remediatioa of any Hazardous Substance affecting the Property is necessary, Borrower shall prowpdy take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Leader for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Leader further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to aeedee stiaa following Borrower's breach of any eoverumt or agro meat in this Security lmtrumod (bat not prior to acceleration under Section 18 unless a Law provides otherwise). Lender dwil notify Borrower of, among other things: (a) the Applicable the action 'd to carve the d0sk; (c) when the ddanit must be cured; and (d) that fanfare to cum Vdeflanlt as specified pray result in acceleration of the sums new-ed by this Secsarlty Iorstrvment, facecaoerwe by judicial plnoOedBrtg and sale of the Property. Lender shall brother inform Borrower of the riobt to rebntite attar aoodaratlon and the right to assert in the foreclosure prooee I the non-exislnoe of a ddm* or any other defense of Borrower to accelea don and foreclosure. the ddmdt is sot caned as specified, Lmdw at its option may require immediate paymed in flog of ail aura secured by this Seew* Imbu eet without tYrrthex demand and may foreclose .ibis Stan* Iwtrmnent by had iclid onneed Ws. Lender shall be entitles) to collect all expenses incurred In pursuing the reamdies provkled this Section 22, including, but not !molted to, attorneys' fees and costs of title evidence to the =tart permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument. this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, lender shall discharge and satisfy. this Security Insaument. Borrower shall pay any recordation costs. I.ender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third patty for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waives. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the caimnencement of bidding at a sheriff s sale or other sale purtruant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security instrument is lent to Borrower to acquire title to the Property. this Security Instrument shall be a purchase moony mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 008 2955? 705 k B(PA) (cocci Pa" 14 °' Ia 2 F°"" 3039 1101 08/10/2005 9:09:22 D06-I4PA (05/2005)Rev.01 °t918PG3934 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this security instrument and in any Rider executed by Borrower and recorded with it. Witnesses: --? ` - C- (Seal) BRIAN M. MORROW -Borrower L. MORROW -Borrower _ (Seal) (Seal) -Borrower -Borrower _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower _ (seal) .Borrower 0085729556-9705 evPA) toooaf Pogo 16 of 16 08/10/2005 9:09:22 Form 3039 1101 &6-15pa(05/2003)Rev.01 SKI918PG3935 Certificate o Residence I, , do hereby certify that the correct address of the within-named Mortgagee is witness my hand this!__ ?(?//`/7/??/?. day of /A ?? ?• A M0 COMMONWEALTH OF PENNSYLVANIA County $$:a V6i9e/f4W On this the ' day of C7"'"'sT ??3" before me, Day the undersigned officer, personally ap eo known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged that heishe/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: MMMONWEALTH OF PENNSYLVANIA Notarfil8e? - _ . BWWfti!Mheft gw,No"PuM LowPubnTkp., t&NaC%mty ?_ 071'?? ?? My COM60M 6>? NOV. 94,200? sMSr_ Ms ulwmsls lsseelWan alsdam Title Of Officer he r,P?.C,Orded , Solis W1012005 9:W.22 AM 400-18PA (03/2003)Rev•01 of Dv";Js 091' 8-f %3 9.13's 1"k?c;oiu Time: 3:04:56 PM Date: 8!812005 r' ^^?, ' Order Number: 000027162 350 WEST PENN STREET Re: Brian H. !Sorrow CARLISLE, PA 17013 Downs L. Morrow CUMBERLAND County ZIBIBIT 'A' ALL THAT CERTAIN tract of land with the improvements thereon erected situate iri the fourth (4th) Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, said point being a 1/4 inch drill hole 6 feet South of the Southern curb line of West Penn Street and 209.85 feet East of the Eastern line of Franklin Streets thence along lands now or formerly of William D. Shultz, South 15 degrees 58 minutes West 120.00 feet to a'stake on the Northern side of a 12 foot wide public alley; thence along the Northern side of said public alley North 74 degrees 00 minutes West 44.83 feet to a stake; thence North 15 degrees 58 minutes East 120.00 feet through the partition wall of a concrete block garage and the partition wall of 350 West Penn Street and 352 West Penn Street to a 1/4 inch drill hole, said drill hole located 6 feet South of the Southern curb line of West Penn Street and 165.02 feet East of the Eastern side of Franklin Street; thence South 14 degrees 00 minutes East 44.63 feet to a 1/4 inch drill hole, the place of BEGINNING. HAVING thereon erected a two story frame dwelling house the Eastern portion of which is included herein and frame garage and Eastern half of a concrete block garage; being known and numbered as 350 West Penn Street, Carlisle, Pennsylvania. BK-1-9 18 PG 3 9 3 7 Order Number 000027162 Page: 6 of 6 EXHIBIT C Prepared By and Return To: Dan Callahan GOLDBECK McCAFFERTY & McKEEVER evlr. Mellon Independence Center - Suite 5000 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 0085729556 GMM File Number: 60315FC Parcel ID#: 05-20.1798-212 ASSIGNMENT OF MORTGAGE ARGENT MORTGAGE COMPANY, LLC (Assignor), for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is acknowledged, does grant, bargain, sell, assign and transfer to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT SECURITIES INC., ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-W3. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT SECURITIES INC., ASSET BACKED PASS- THROUGH CERTIFICATES, SERIES 2005-1VV3 (Assignee), all of its right, title and interest, as holder of, in, and to the following described mortgage, the property described and the indebtedness secured by the mortgage: Executed DONNA L. MORROW and BRIAN M. MORROW, Mortgagor(s); to ARGENT MORTGAGE COMPANY, LLC. Bearing date of, August 10, 2005; Amount Secured: $85,850.00; Recorded on August 15, 2005; in Book 1918, Page 3921; in the Recorder of Deeds Office of Cumberland County, Commonwealth of Pennsylvania ("Mortgage") Property: 350 West Penn Street, Carlisle,PA 17013 AS FURTHER DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED INTO THIS ASSIGNMENT. Together with the note or obligation described in the Mortgage endorsed to the Assignee, ("Note") and all moneys due and to become due on the Note and Mortgage, with interest. Assignee its successors, legal representatives-and assigns shall bold-all-rightsunderthe-Note and Mortgage foreveri-subject 'however, to --- the right and equity of redemption, if any, of the maker(s) of the Mortgage, their heirs and assigns forever. Assignor, ARGENT MORTGAGE COMPANY, LLC, by its appropriate corporate offs ers, has executed and sealed with its corporate seal this Assignment of Mortgage on this day of (YiZ , 2008. ARGENT MORTGAGE COMPANY, LLC BY CITIRESIDENTIAL LENDING INC. AS ATTORNEY INFACT (Affix Corporate Seal) (SEAL) Name: Tamara Price Title: Vice President (SEAL) &JV?d?- Dawn L. Reynolds STATE OF 'wild" to ) COUNTY OF 6e'(, --- IM. BE IT REMEMBERED, that on this .- day of 2008, before me, the subscriber, a Notary Public personally appeared Tamara Price, Vice Presi t for CITMESIDENTIAL LENDING INC. AS ATTORNEY IN FACT FOR AMERIQUEST MORTGAGE COMPANY, and Dawn L. Reynolds, Authorized Agent of CITIRESIDENTIAL LENDING INC. AS ATTORNEY IN FACT FOR AMERIQUEST MORTGAGE COMPANY, officers of Assignor, ARGENT MORTGAGE COMPANY, LLC, who I am satisfied are the persons who signed the within instrument and they acknowledged that they signed, sealed with the corporate seal and delivered the same as such officers aforesaid, and that the within instrument is the voluntary act and deed of such corporation made by virtue of a Resolution of its Board of Directors. Notary Pu l My eomrm lion expires: I hereby certify the address of the Assignee is: utaG 10801 6th treet, Suite 130 ancho C 7 7onga, CA 91730 Commissbn At 1639640 o..4 na, ?•-:?•;,, .csy Pubic - CaNFornic orange county 5y Comrn. EXp1:0s Fsb 18, 2010 0085724556 Case #: 60315FC ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the fourth (4a`) Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, said point being a Y4 inch drill hole 6 feet South of the Southern curb line of West Penn Street and 209.85 feet East of the Eastern line of Franklin Street; thence along lands now or formerly of William D. Shultz, South 15 degrees 58 minutes West 120.00 feet to a stake on the Northern side of a 12 foot wide public alley; thence along the Northern side of said public alley North 74 degrees 00 minutes West 44.83 feet to a stake; thence North 15 degrees 58 minutes East 120.00 feet through the partition wall of a concrete block garage and the partition wall of 350 West Penn Street and 352 West Penn Street to a 114 inch drill hole, said drill hole located 6 feet South of the Southern curb line of West Penn Street and 165.02 feet East of the Eastern side of Franklin Street; thence South 74 degrees 00 minutes East 44.83 feet to a Y4 inch drill hole, the place of BEGINNING. HAVING thereon erected a two story frame dwelling house the Eastern portion of which is included herein and frame garage and Eastern half of a concrete block garage; being known and numbered as 350 West Penn Street, Carlisle, Pennsylvania. This policy is invalid unless the insuring provision and schedules A and B are attached . ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200805582 Recorded On 2127/2008 At 10:28:46 AM * Total Pages - 4 * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number -15098 User ID - RAK * Mortgagor - MORROW, DONNA L * Mortgagee - REGISTERED HOLDERS OF ARGENT SECURITIES INC * Customer - GOLDBECK ET AL * rEEB STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES. FEE $3.00 TOTAL PAID $27.00 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA c? cuye? RECORDER O D DS ?tao * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. IIIIIIhIIIIAMIIGh EXHIBIT D All that certain tract of land with the improvements thereon erected situate in the fourth (4th) Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: Beginning at a point, said paint being a 1/4 inch drill hole 6 feet South of the Southern curb line of West Penn Street and 209.85 feet East of the Eastern line of Franklin Street; thence along lands now or formerly of William D. Shultz, South 15 degrees 58 minutes West 120.00 feet to a stake on the Northern side of a 12 foot wide public alley; thence dong the Northern side of said public alley North 74 degrees 00 minutes West 44.83 feet to a stake; thence North 15 degrees 58 minute East 120.00 feet through the partition wall of a concrete block garage and the partition wall of 350 West Penn Street and 352 West Penn Street to a 1/4 inch drill hole, said drill hole located 6 feet South of the Southern curb line of West Penn Street 165.02 feet East of the Eastern side of Franklin Street; thence South 74 degree 00 minutes East 44.83 feel to a 1/4 inch drill hole, the place of beginning. Having thereon erected a two story frame dwelling house the Eastern portion of which is included herein and frame garage and Eastern half of a concrete block garage. Tax ID - 05-20-1798-212 For information purposes only - property a/k/a 350 W Penn Street Carlisle, PA 17013-2232. Title to said premises is vested in Brian M. Morrow and Donna L. Morrow, husband and wife, as tenants by the entireties, by deed from Ronald L. Morrow and Loretta A. Morrow, his wife, dated 5/31/1996 and recorded 6/10/1996 in Book 140, Page 731. EXHIBIT E Amg i an Home Mortgage Servicing Inc. PO Box 9092 Temecula, CA 92589-9092 Send Payments to: American Home Mortgage Servicing Inc P.O. Box 660029 Dallas, TX 75266-0029 7196 9006 9295 6594 8058 PRESORT First-Class Mail U.S. Postage and Fees Paid W SO 20111216-156 Send Correspondence to: American Home Mortgage Servicing Inc. P.O. Box 632237 Irving, TX 75063-2237 K DONNA L MORROW 350 W PENN ST CARLISLE, PA 17013-2232 OP001 _PA P.O. Banc 631730 AUX41 Wng, TX 7 5 063-1 7 30 12/16/2011 DONNA L MORROW 350 W PENN ST CARLISLE, PA 17013-2232 Loan Number: 4000861551 Property Address: 350 W PENN STREET CARLISLE, PA 17013 www.ahmsi3.com Sent Via Certified Mail 7196 9006 9295 6594 8058 American Home Mortgage Servicing, Inc is currently servicing your Mortgage Loan that is secured by the property located at: 350 W PENN STREET CARLISLE, PA 17013 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 10/01/2011: $2,921.06 Late Charge(s) (if applicable): $652.13 Other Charge(s): NSF and Advances (if applicable): $0.00 Less: Credit Balance: X00 TOTAL YOU MUST PAY TO CURE DEFAULT: $3,623.19 You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,623.19 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 within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off IN OP00 ] _PA Page Iof2 7196 9006 9295 6594 8058 the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately six (6) months from the date of this Notice. A notice of the date of the Sheriff 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 will be by calling us at the following number: (877) 304-3100. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU 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 (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. 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. Attention Servicemembers and dependents: The Federal Servicemembers' Civil Relief Act ("SCRA") and certain state laws provide important protections for you, including prohibiting foreclosure under most circumstances. If you are currently on active duty in the military service, or have been within the last nine (9) months, please notify American Home Mortgage Servicing, Inc immediately. When contacting American Home Mortgage Servicing, Inc as to your active duty status, please provide positive proof as to your active duty status, i.e. a copy of your active duty orders. This information is also applicable to you if you are considered a "dependent", as defined by the "SCRA", of a servicemember who is currently on active duty in the military service, or has been within the last nine (9) months. If you do not provide this information, it will be assumed that you are not entitled to protection under the above-mentioned Act. American Home Mortgage Servicing, Inc is attempting to collect a debt, and any 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. If you 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 of such judgment or verification. Upon your written request within thirty (30) days after the receipt of this letter, we will provide you with the name and address of the original creditor, if the original creditor is different from the current creditor. Sincerely, American Home iviortgage Servicing, Inc P.O. Box 632237 Irving, TX 75063-2237 Phone: (877) 304-3100 OP001 _PA Page 2of2 7196 9006 9295 6594 8058 American Home Mortgage Servicing Inc. Pt Box 9092 Temecula, CA 92589-9092 Send Payments to: American Home Mortgage Servicing Inc P.O. Box 660029 Dallas, TX 75266-0029 7196 9006 9295 6594 8041 PRESORT First-Class Mail U.S. Postage and Fees Paid W SO 20111216-156 Send Correspondence to: American Home Mortgage Servicing Inc. P.O. Box 632237 Irving, TX 75063-2237 Kill 'IIIIIII III1111111111111' Il,lilllll?l"I?'1?111111??1p-I--pIII BRIAN M MORROW 350 W PENN ST CARLISLE, PA 17013-2232 OP001 _PA AU „, ?r P.O. Bax 631730 Irving, TX 75063-1730 12/16/2011 BRIAN M MORROW 350 W PENN ST CARLISLE, PA 17013-2232 Loan Number: 4000861551 Property Address: 350 W PENN STREET CARLISLE, PA 17013 www.shmsi3.com Sent Via Certified Mail 7196 9006 9295 6594 8041 American Home Mortgage Servicing, Inc is currently servicing your Mortgage Loan that is secured by the property located at: 350 W PENN STREET CARLISLE, PA 17013 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 10/01/2011: $2,921.06 Late Charge(s) (if applicable): $652.13 Other Charge(s): NSF and Advances (if applicable): $0.00 Less: Credit Balance: 0.00 TOTAL YOU MUST PAY TO CURE DEFAULT: $3,623.19 You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,623.19 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 within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off ft", OP001_PA Page] of2 7196 9006 9295 6594 8041 the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately six (6) months from the date of this Notice. A notice of the date of the Sheriff 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 will be by calling us at the following number: (877) 304-3100. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU 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 (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. 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. Attention Servicemembers and dependents: The Federal Servicemembers' Civil Relief Act ("SCRA") and certain state laws provide important protections for you, including prohibiting foreclosure under most circumstances. If you are currently on active duty in the military service, or have been within the last nine (9) months, please notify American Home Mortgage Servicing, Inc immediately. When contacting American Home Mortgage Servicing, Inc as to your active duty status, please provide positive proof as to your active duty status, i.e. a copy of your active duty orders. This information is also applicable to you if you are considered a "dependent", as defined by the "SCRA", of a servicemember who is currently on active duty in the military service, or has been within the last nine (9) months. If you do not provide this information, it will be assumed that you are not entitled to protection under the above-mentioned Act. American Home Mortgage Servicing, Inc is attempting to collect a debt, and any 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. If you 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 of such judgment or verification. Upon your written request within thirty (30) days after the receipt of this letter, we will provide you with the name and address of the original creditor, if the original creditor is different from the current creditor. Sincerely, American Home Mortgage Servicing, Inc P.O. Box 632237 Irving, TX 75063-2237 Phone: (877) 304-3100 OP001 _PA Paget of2 7196 9006 9295 6594 8041 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor F -FD-UFF1CE JF" THE PRDTHQNQTA 1' ,( 2012 APR 23 PM 12: 11 CU}?R?ANp COUNTY PfkNSYLVANIA Deutsche Bank National Trust Company I vs. Brian M. Morrow (et al.) Case Number 2012-2307 SHERIFF'S RETURN OF SERVICE 04/13/2012 03:52 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on April 13, 2012 at 1552 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Donna L. Morrow, by making known unto herself personally, at 350 W. Penn Street, Carlisle, Pennsylvania, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the sa e. SH SH LL, DEPUTY 04/13/2012 03:52 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on April 13, 2012 at 1552 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Brian M. Morrow, by making known unto Donna Marrow, Wife of Defendant at 350 W. Penn Street, Carlisle, Pennsylvania, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. GUTS LL, DEPUTY SHERIFF COST: $50.00 April 19, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF is C9ur1yS?.aiie jh;^'rf, U'1. Irc PARKER McCAY P.A. By: Katherine E. Knowlton, Esquire Attorney ID# ,311713 9000 Midlanltic Drive, Suite 300 P.O. Box 5054 Mount Laurel, NJ 08054-1539 (856) 810-58115 Attorneys fo1 r Plaintiff File No. 14811-12-05274 / 14871-0828 Deutsche Bonk National Trust Company, a$ Trustee for Argent Securities loc., Asset-Backed Pass- Through Cehrtificates, Series 2005-W3 4875 Belfort Road, Suite 130 Jacksonville, FL 32256 COURT OF COMMON PLEAS CUMBERLAND COUNTY APRIL TERM 2012 NO. 2012-2307 Plaintiff, V. CIVIL ACTION Brian M. Morrow and Donna L. Morrow 350 West Penn Street Carlisle, Per 17013 Defendants. = M MORTGAGE FORECLOSURE PRAECIPE TO SETTLE AND DISCONTINUE COMPLAINT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: w T ?A Please mark Plaintiffs Complaint for Mortgage Foreclosure settled and discontinued, without prejudice. PARKER McCAY P.A. Dated: Malt 24, 2012 By: Katherine E. Knowlton, Esquire Attorney for Plaintiff cc: Brian M. Morrow cc: Donna L. Morrow 350 West Penn Street 350 West Penn Street Carlisle, PA 17013 Carlisle, PA 17013