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HomeMy WebLinkAbout12-3588File No. 14871-12-06207 ` f 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 Wells Fargo Bank, N.A., as Trustee for Citigroup Mortgage Loan Trust, Series 2004-OPT1, Asset Backed Pass-Through Certificates, Series 2004-OPT1 4875 Belfort Road, Suite 130 Jacksonville, FL 32256 Plaintiff, V. Anita L Marley-Fox and Richard C Fox 502 E Keller Street Mechanicsburg, PA 17055 Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY TERM 2012 NO. /01- 3588 NO le'rm 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 O HIRING A LAWYER. 4t03-775 AA A'Ty O's 140&q5 0 a703Y 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. File No. 14871-12-06207 PARKER McCAY P.A. By: Katherine E. Knowlton, Esquire Attorney lD# 311713 9000 Midlantic Drive, Suite 300 P.O. Box 5054 Mount Laurel, NJ 08054-1539 (856) 810-5815 Attorneys for Plaintiff Wells Fargo Bank, N.A., as Trustee for Citigroup Mortgage Loan Trust, Series 2004-OPT1, Asset Backed Pass-Through Certificates, Series 2004-OPT1 4875 Belfort Road, Suite 130 Jacksonville, FL 32256 COURT OF COMMON PLEAS CUMBERLAND COUNTY r,I TERM 2012 NO. Plaintiff, V. Anita L Marley-Fox and Richard C Fox 502 E Keller Street Mechanicsburg, PA 17055 CIVIL ACTION MORTAGE FORECLOSURE Defendants. COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is Wells Fargo Bank, N.A., as Trustee for Citigroup Mortgage Loan Trust, Series 2004-OPTI, Asset Backed Pass-Through Certificates, Series 2004-OPT1 (the "Plaintiff ), whose address is c/o Homeward Residential, Inc. f/k/a American Home Mortgage Servicing, Inc., 4875 Belfort Road, Suite 130, Jacksonville, FL, 32256. 2. Defendants, Anita L Marley-Fox and Richard C Fox (hereinafter referred to as "Defendants") are adult individuals and are the real owners of the property hereinafter described. 3. Upon information and belief, Defendant, Anita L Marley-Fox, resides at 502 E. Keller Street, Mechanicsburg, PA 17055 with a mailing address at 502 E. Keller Street, Mechanicsburg, PA 17055. 4. Upon information and belief, Defendant, Richard C Fox, resides at 502 E. Keller Street, Mechanicsburg, PA 17055 with a mailing address at 502 E. Keller Street, Mechanicsburg, PA 17055. On July 2, 2004 in consideration of a loan in the principal amount of $119,850.00, Defendants, Anita L Marley-Fox and Richard C Fox, executed and delivered to Option One Mortgage Corporation, a California Corporation a fixed rate note (the "Note") with an interest rate at 7.24% per annum, and monthly payments of $816.78 commencing on September 1, 2004 continuing each month until the maturity date of August 1, 2034. A true and correct copy of the Note is attached hereto and made a part hereof as Exhibit "A". 6. To secure the obligations under the Note, Defendants, Anita L Marley-Fox and Richard C Fox, executed and delivered to Option One Mortgage Corporation, a California Corporation, a mortgage (the "Mortgage") dated July 2, 2004 and recorded on July 12, 2004 in the Recorder of Deeds in and for the County of Cumberland in Book 1873, Page 1329. A true and correct copy of the Mortgage is attached hereto and made a part hereof as Exhibit "B". 7. An Assignment of Mortgage from Option One Mortgage Corporation, a California Corporation to Wells Fargo Bank, N.A., as Trustee for Citigroup Mortgage Loan Trust, Series 2004-OPT1, Asset Backed Pass-Through Certificates, Series 2004-OPT1, was recorded on February 4, 2008 in the Cumberland County Recorder of Deeds as Instrument No. 200803376. A true and correct copy of the Assignment of Mortgage is attached hereto and made a part hereof as Exhibit "C". 8. The Mortgage secures the following real property (the "Mortgaged Premises"): 502 E Keller Street, Mechanicsburg, PA 17055. A copy of the legal description of the Mortgaged Premises is attached hereto and made a part hereof as Exhibit "D". 9. Defendants are in default of their obligation pursuant to the Note and Mortgage because payments of principal and interest due August 1, 2011, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. 10. The following amounts are due on the Mortgage and Note: Balance of Principal $108,851.62 Accrued but Unpaid Interest from 7/1/2011 - 4/11/2012 7.24% $6,148.17 Accumulated Late Charges $196.04 Escrow Advance $610.96 Recoverable Balance $178.40 Title Search Fees $250.00 Reasonable Attorney's Fees $1,300.00 Suspense Balance ($116.26) TOTAL as of April 11, 2012 $117,418.93 Plus, the following amounts accrued after April 11, 2012: Interest at the current Rate of 7.24% per annum ($21.59 per diem); late charges of 6.0% of the overdue payment of principal and interest; any amounts expended for future recoverable advances; corporate advances; taxes and insurance along with additional costs and attorney fees incurred in this foreclosure action. 11. During the course of this action, the plaintiff may be obligated to make advances for the payment of taxes, assessments, insurance premiums and necessary expenses to preserve the security, and such sums advanced under the terms of the Note and Mortgage, together with interest, will be added to the amount due on the mortgage debt and secured by the plaintiff's Mortgage. 12. A pre-foreclosure notice was sent to Defendants on February 13, 2012, 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 10 amely, $11.7,418.93 plus the following amounts accruing after April 11, 2012, to the date of judgment: (a) interest of $21.59 per diem; (b) late charges of 6.0% 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: By: Katherine E. Knowlton, Esquire Attorney for Plaintiff VERIFICATION I, Angela Edwards hereby certify that I am a Vice President of Homeward Residential, Inc. f/k/a American Home Mortgage Servicing, Inc. as attorney-in-fact for Plaintiff, Wells Fargo Bank, N.A., as Trustee for Citigroup Mortgage Loan Trust, Series 2004-OPT1, Asset Backed Pass-Through Certificates, Series 2004-OPT1. As a -Vi.c?nt for Homeward Residential, Inc. f/k/a American Home Mortgage Servicing, Inc., attorney-in-fact for Plaintiff, I am authorized to make this verification on behalf of 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 unsworn falsification to authorities. Name: n Title: Vice President Docket No. PMC File No. 14871-12-06207 Defendant Name: Anita Marley-Fox and Richard C. Fox Property: 502 E Keller Street, Mechanicsburg, PA 17055 EXHIBIT A Loan Number: 231053132 ? Servicing Number: 001375984-0 • Date: 07/02/04 NOTE 502 E KELLER ST, MECHANICSBURG, PA 17055-6528 property Address) I. BORROWER'S PROMISE TO PAY In return for a loan that I have received. I promise to pay U.S. $119,850.00 (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is Option One Mortgage Corporation, a California Corporation I understand that the Lender may transfer this Note. Tlne Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. Interest will be calculated on the basis of a 12-month year and a 30-day month. I will pay interest at a yearly rate of 7.240% The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments 1 will pay principal and interest by making payments every month. I will stake my monthly payments on the first day of each month beginning on September 01, 2004 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on August 01 1 2034 ,1 still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." 1 will snake my monthly payments at Option One Mortgage Corporation P.O. BOX 92103 LOS ANGELES, CA 90009-2103 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $816.76 (C) Application of Payments Payments received by the Note Holder will be applied in the following order: (i) prepayment charges due under this Note; (ii) amounts payable under paragraph 2 of the Security Instrument (defined below); (iii) interest due under this Note; (iv) principal due under this Note; and (v) late charges due under this Note. 4. BORROWER'S RIGHT TO PREPAY 1 have the right to make payments of principal at any time before they are due, together with accrued interest. A payment of principal only is known as a "prepayment." When I make a prepayment, I will tell the Note Holder in writing that I am doing so. If I make a partial prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. If within 36 Months from the date of execution of the Security Instrument I make a full prepayment or, in certain cases a partial prepayment, I will at the same time pay to the Note Holder a prepayment charge. The prepayment charge will be equal to six (6) months advance interest on the amount of any prepayment that, when added to all other arnOunts prepaid during the twelve (I2) month period immediately preceding the date of the prepayment, exceeds twenty percent (20%) of the original principal amount of this Note. Notwithstanding the foregoing, 1 will not be required to pay a prepayment charge to the Note Holder if the original principal amount of the note is $50,000 or less. In no event will such a charge be made unless it is authorized state or federal law. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded pemtiued limits will be refunded to me. The Note Holder may choose u, make this refund by reducing the principal I owe under this Noe or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Lase Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amountDf the,charge will be 6.000% of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If] do not pay the full amount of each monthly payment on the date it is due, 1 will be in default. If I am in default, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all interest that I awe on that amount, together with any other charges that 1 owe under this Note or the Security Instrument. PENNSYLVANIA NIXED KXrE NOTE- Si.Sk Family Pqr I of i PANT0011.wp(12-21-01) Loan Number: 231053132 .Servicing Number: 001375984-0 • Date: 07/02/04 (C) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay inunediately in full as described above, the Note Holder will still have the right to do so if 1 am in default at a later time. (D) Payment of Note Holdcr's Costs and Expenses If the Note Holder has required me to pay imnrtdia(ely in full as described above, the Note Holder will have the right to be paid back by ore for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. 'Those expenses include, for example, reasonable attorney fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address it I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may cliforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts awed under this Note. 9. WAIVERS 1 and any other person who has obligations under this Note waive the rights of presentment and notice of dishutwr. "Presenument" means the right to require the Note Holder to demand payment of anwunts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that anwunts due have not been paid. 10. SECURED NOTE In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. Tlhat Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts 1 owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Bcacftcial Interest in Borrower. If all or ;my 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'BorrowleY`ih not a natural person) without Lender's prior wrinen consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new luan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Burrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HA (S D LA THE DERSIGNED. ANITA L MARL -FOX -Burrower SSN: 19 - (S<al) ICHARD C FOX -Borrower SSN: 187-50-9253 SSN: SSN: -Borrower -Borrower -Burrower SSN: -Burrower SSN: (Sign Original Only) Page 2 of 2 PAN10012.wp (1221-01) EXHIBIT B WHEN RECORDED MAIL TO: OPTION ONE MORTGAGE CORP. P.O. BOX 57096 IRVINE, CA 92619-7096 ATTN: RECORDS MANAGEMENT Loan Number: 231053132 Servicing Number: 001375984-0 Parcel Number: 17-23-0563-082 71EGLER GF DEEDS COUNTY-FA '04 JUL 12 AEI 11 [Space Above This Line For Recording Data) MORTGAGE THIS MORTGAGE ("Security Instrument") is given on July 02, 2004 The mortgagor is ANITA L MARLEY-FOX AND RICHARD C FOX ("Borrower"). This Security Instrument is given to Option One Mortgage Corporation, a California Corporation which is organized and existing under the laws of CALIFORNIA and whose address is 3 Ada, Irvine, CA 92618 ("Lender"). Borrower owes Lender the principal sum of ONE HUNDRED NINTEEN THOUSAND EIGHT HUNDRED FIFTY ... AND NO/100THs Dollars (U.S. $119,850.00 }. This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on August 01, 2034 This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (e) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in Cumberland County, Pennsylvania: SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART THEREOF. PENNSYLVANIA - Single Family Page 1of10 k4L? PAD 10011 (01/12/01) BK 1873PG 1329 t Loan Number: 231053132 Servicing Number: 001375984-0 which has the address of 502 E KELLER ST, MECHANICSBURG Pennsylvania 17055-6528 ("Property Address"); [Zip Code] Date: 07/02/04 [Street, City] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. Al[ replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 et seg. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law, The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charges' However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting s2tvite'used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. Page 2 of 10 PAD 10012 (01/12/01) 6K1873PG1330,' Loan Number: 231053132 Servicing Number: 001375984-0 Date: 07/02/04 If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such ease Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Paymeats. Unless applicable law provides otherwise, all payments received by Lender under paragraphs I and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, tines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforceni'tsttl df the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain pribfny over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by tire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. if Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, or applicable Law otherwise requires, insurance proceeds shall be applied first to reimburse Lender for costs and expenses incurred in connection with obtaining any such insurance proceeds, and then, at Lender's option, in such order and proportion as Lender may determine in its sole and absolute discretion, and regardless of any impairment of security or lack thereof: (i) to the sutras secured by this Security Instrument, whether or not then due, and to such components thereof as Lender may determine in its sole and absolute discretion; and/or (ii) to Borrower to pay the costs and expenses of necessary repairs or Page 3 of 10 PAD 10013 (01/12/01) BK 1873PG 1331 Loan Number: 231053132 Servicing Number: 001375984-0 Date: 07/02/04 restoration of the Property to a condition satisfactory to Lender. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, Lender may collect the insurance proceeds. Lender may, in its sole and absolute discretion, and regardless of any impairment of security or lack thereof, use the proceeds to repair or restore the Property or to pay the sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. If Borrower obtains earthquake insurance, any other hazard insurance, or any other insurance on the Property and such insurance is not specifically required by Lender, then such insurance shall (i) name Lender as loss payee thereunder, and (ii) be subject to the provisions of this paragraph 5. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower acknowledges that the Lender does not desire to make a loan to Borrower secured by this property on the terms contained in the Note unless the property is to be occupied by Borrower as Borrower's primary/secondary residence. Lender makes non-owner residence loans of different terms. Borrower promises and assures Lender that Borrower intends to occupy this property as Borrower's primary/secondary residence and that Borrower will so occupy this property as its sole primary/secondary residence within sixty (60) days after the date of the Security Instrument. If Borrower breaches this promise to occupy the property as Borrower's primary/secondary residence, then Lender may invoke any of the following remedies, in addition to the remedies provided in the Security Instrument; (l) Declare all sums secured by the Security Instrument due and payable and foreclose the Security Instrument, (2) Decrease the term of the loan and adjust the monthly payments under the Note accordingly, increase the interest rate and adjust the monthly payments under the Note accordingly, or (3) require that the principal balance be reduced to a percentage of either the original purchase price or the appraised value then being offered on non-owner occupied loans. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument-or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application prb6e3"s,?'gavc materially false or inaccurate information or statements to Lender (or failed to provide Lender with '"any"material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. Borrower shall, at Borrower's own expense, appear in and defend any action or proceeding purporting to affect the Property or any portion thereof or Borrower's title thereto, the validity or priority of the lien created by this Security Instrument, or the rights or powers of Lender with respect to this Security Instrument or the Property. All causes of action of Borrower, whether accrued before or after the date of this Security Instrument, for damage or injury to the Property or any part thereof, or in connection with any transaction financed in whole or in part by the proceeds of the Note or any other note secured by this Security Instrument, by Lender, or in connection with or affecting the Property or any part thereof, including causes of action arising in tort or contract and causes of Page 4 of 10 PAD10014 (01112101) RG?" BK 1813PG 1332 Loan number: 231053132 Servicing Number: 001375984-0 Date: 07/02/04 action for fraud or concealment of a material fact, are, at Lender's option, assigned to Lender, and the proceeds thereof shall be paid directly to Lender who, after deducting therefrom all its expenses, including reasonable attorneys' fees, may apply such proceeds to the sums secured by this Security Instrument or to any deficiency under this Security Instrument or may release any monies so received by it or any part thereof, as Lender may elect, Lender may, at its option, appear in and prosecute in its own name any action or proceeding to enforce any such cause of action and may make any compromise or settlement thereof. Borrower agrees to execute such further assignments and any other instruments as from time to time may be necessary to effectuate the foregoing provisions and as Lender shall request. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate in effect from time to time and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by. Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Lender may apply, use or release the condemnation proceeds in the same manner as provided in paragraph 5 hereof with respect to insurance proceeds. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. Page 5 of 10 PAD10015 (01112/01) 9K 1873PG 1333 Loan Number: 231053132 Servicing Number: 001375984-0 Date: 07/02/04 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrurrierif shall be governed by federal law and the law of the jurisdiction in which the Property is located. 'In''the eveitf that any provision or clause of this Security Instrument or the Note conflicts with applicable law, sucN:conflicr'shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. Page 6 of 10 PAD 10016 (01112/01) BK i 873PG 1334 Loan Number: 231053132 Servicing Number: 001375984-0 Date: 07/02/04 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of. (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law, The holder of the Note and this Security Instrument shall be deemed to be the Lender hereunder. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any govemmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Borrower shall be solely responsible for, shall indemnify, defend and hold harmless Lender, its directors, officers, employees, attorneys, agents, and their respective successors and assigns, from and against any and all claims, demands, causes of action, loss, damage, cost (including actual attorneys' fees and court costs and costs of any required or necessary repair, cleanup or detoxification of the Property and the preparation and implementation of any closure, abatement, containment, remedial or other (required plan), expenses and liability directly or indirectly arising out of or attributable to (a) the use, generation, storage, release, threatened release, discharge, disposal, abatement or presence of Hazardous Substances on, under or about the Property, (b) the transport to or from the Property of any Hazardous Substances, (c) the violation of any Hazardous Substances law, and (d) any Hazardous Substances claims. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and taws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. ADDITIONAL COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. If any installment ;oWcr'the Note or notes secured hereby is not paid when due, or if Borrower should be in default under any provision of this Security Instrument, or if Borrower is in default under any other mortgage or other instrument secured by the Property, all sums secured by this Security Instrument and accrued interest thereon shall at once become due and payable at the option of Lender without prior notice, except as otherwise required by applicable law, and regardless of 0?,Pa e 7 10 PAD 10017 (01/12/01) BK 1873PG 1335 Loan Number: 231053132 Servicing Number: 001375984-0 Date: 07/02/04 any prior forbearance. In such event, Lender, at its option, and subject to applicable law, may then or thereafter invoke the power of sale and/or any other remedies or take any other actions permitted by applicable flaw. Lender will collect all expenses incurred in pursuing the remedies described in this Paragraph 21, including, but not limited to, reasonable attorneys' fees and costs of title evidence. 22. Release.Upon payment of all sums secured by'this Security Instrument, Lender shall release this property without warranty to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for releasing the Property for services rendered if the charging of the fee is permitted under applicable law. 23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 27. Misrepresentation and Nondisclosure. Borrower has made certain written representations and disclosures in order to induce Lender to snake the loan evidenced by the Note or notes which this Security Instrument secures, and in the event that Borrower has made any material misrepresentation or failed to disclose any material fact, Lender, at its option and without prior notice or demand, shall have the right to declare the indebtedness secured by this Security Instrument, irrespective of the maturity date specified in the Note or notes secured by this Security Instrument, immediately due and payable. 28. Time is of the Essence. Time is of the essence in the performance of each provision of this Security Instrument. 29. Waiver of Statute of Limitations. The pleading of the statute of limitations as a defense to enforcement of this Security Instrument, or any and all obligations referred 16'lterein or secured hereby, is hereby waived to the fullest extent permitted by applicable law. 30. Modification. This Security Instrument may be modified or amended only by an agreement in writing signed by Borrower and Lender. 31. Reitnbursement.To the extent permitted by applicable law, Borrower shall reimburse Trustee and Lender for any and all costs, fees and expenses which either may incur, expend or sustain in the execution of the trust created hereunder or in the performance of any act required or permitted hereunder or by law or in equity or otherwise arising out of or in connection with this Security Instrument, the Note, any other note secured by this Security Instrument or any other instrument executed by Borrower in connection with the Note or Security Instrument. To the extent permitted by applicable law, Borrower shall pay to Trustee and Lender their fees in connection with Trustee and Lender including, but not limited to assumption application fees; fees for payoff demands and, statements of loan balance; fees for making, transmitting and transporting copies of loan documents, verifications, full or partial lien releases and other documents requested by borrower or necessary for performance of Lender's rights or duties under this Security Instrument; fees arising from a returned or dishonored check; tees to determine whether the Property is occupied, protected, maintained or insured or related purposes; appraisal fees, inspection fees, legal fees, broker fees, insurance mid-term substitutions, repair expenses, foreclosure fees and costs arising from foreclosure of the Property and protection of the security for this Security Instrument; and all other Page 8 of 10 PAD10018 (01/12!01) BK t 873PG 1336 Loan Number: 231053132 Servicing Number: 001375984-0 Date: 07/02/04 fees and costs of a similar nature not otherwise prohibited by law. Permitted by applicable law, Borrower shall pay to Lender their fees in connection with Lender providing documents or services arising out of or in connection with this Security Instrument, the Note, any other note secured by this Security Instrument or any other instrument executed by Borrower in connection with the Note or Security Instrument. 32. Clerical Error. In the event Lender at any time discovers that the Note, any other note secured by this Security Instrument, the Security Instrument, or any other document or instrument executed in connection with the Security Instrument, Note or notes contains an error that was caused by a. clerical mistake, calculation error, computer malfunction, printing error or similar error, Borrower agrees, upon notice from Lender, to re-execute any documents that are necessary to correct any such error(s). Borrower further agrees that Lender will not be liable to Borrower for any damages incurred by Borrower that are directly or indirectly caused by any such error. 33. Lost Stolen, Destroyed or Mutilated Security butntment and Other Documents. In the event of the loss, theft or destruction of the Note, any other note secured by this Security Instrument, the Security Instrument or any other documents or instruments executed in connection with the Security Instrument, Note or notes (collectively, the "Loan Documents"), upon Borrower's receipt of an indemnification executed in favor of Borrower by Lender, or, in the event of the mutilation of any of the Loan Documents, upon Lender's surrender to Borrower of the mutilated Loan Document, Borrower shall execute and deliver to Lender a Loan Document in form and content identical to, and to serve as a replacement of, the lost, stolen, destroyed, or mutilated Loan document, and such replacement shall have the same force and effect as the lost, stolen, destroyed, or mutilated Loan Documents, and may be treated for all purposes as the original copy of such Loan Document. 34. Assignment of Rents. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property. Borrower shall have the right to collect and retain the rents of the Property as they become due and payable provided Lender has not exercised its rights to require immediate payment in full of the sums secured by this Security instrument and Borrower has not abandoned the Property. 35. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a pan of this Security Instrument. (Check applicable box(es)] ? Adjustable Rate Rider ? Condominium Rider ? 14 Family Rider ? No Prepayment Penalty Option Rider ? Planned Unit Development Rider ? Occupancy Rider ? Other(s) (specify) ? Page 9 of 10 PAD10019 (01/12/01) BK1873PG1337 Loan Number: 231053132 Servicing Number: 001375984-0 Date: 07/02/04 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: (Seal) -Borrower 104'wj"??'K (Seal) -Borrower Certificate of Residence //?? 1, 1 6t (tit" the within-named Mortgagee is (Seal) -Borrower (Seal) -Borrower , do hereby certify that the correct address of 3 Ada Irvine, CA 9261 Witness my hand this day of Y Agent of Mortgagee COMMONWEALTH OF PENNSYLVANIA, CVr% sft? UArID County ss: On this, the ?Jll day of JJ LY a ooy , before me, the undersigned officer, personally appeared Ari,-rA L. MAALO_Fax Ato / (CK.406 (. 6C known to me (or satisfactorily proven) to be the persons whose names Alk subscribed to the within instrument and acknowledged that _T" executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto ?„`set my hand and official seal. My Commission Expires: COM M ON W EALTM-Or_rENNSYLV AN&A NOTARIAL SEAL MATTHEW GLINN, Notary Public Lower Allen Twp., Cumberland County M Commission Expires February 3,2008 2008 Page 10 of 10 SKI873PG1338, ?Zlzooo? Title of Officer PAD 10020 (01 / 12(01) Date: 7112004 Order Nuaber: 000021357 Re: Richard C. Fox Anita L. Marley-Fox MMIBIT 'A' 502 EAST KELLER STREET MECHANICSBURG, PA 17055 CUMBERLAND County ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the South side of East Keller Street (50 feet wide) as shown on the hereinafter Plan of Lots, at the dividing line between Lots Nos. 14 and 15, Section "F", on said Plan; thence North 72 degrees 48 minutes East along he South side of Keller Street, a distance of seventy-two and eighty-two one-hundredths (72.82) feet to Lot No. 16, Section "F"; thence South 17 degrees 12 minutes East along said Lot No. 16, Section "F", a distance of one hundred thirty (130) feet to a point; thence South 72 degrees 48 minutes West,a distance of fifty-seven and eighty-nine and one-hundredths (57.89) feet to Lot No. 13, Section "F"; thence North 23 degrees 45 minutes West along Lots No. 13 and 14, section "F", a distance of one hundred thirty and eighty-five one-hundredths (130.85) feet to the South side of Keller Street, the place of BEGINNING. BEING Lot No. 15, Section "F" on the plan of Blackburn Village as recorded in the Recorder's Office in and for Cumberland County in Plan Book 6, Page 7. HAVING THEREON ERECTED a single brick dwelling house known as No. 502 East Keller Street, Mechanicsburg, PA. I Certify this to be recorded In Cumberland County PA Recorder of Deeds SK 1873PG 1339 Time: 1:12:30 PM Page: 7 of 7 Order Number 000021357 EXHIBIT C ?j ?PtAed By and Return To: ELIZABETH GRADEL GOLDBECK McCAFFERTY & McKEEVER ' Mellon Independence Center - Suite 5000 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 0013759840 GMM File Number: 60264FC Parcel ID#: 17-23-0563-082 ASSIGNMENT OF MORTGAGE OPTION ONE MORTGAGE CORPORATION (Assignor), for and inconsideration 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 WELLS FARGO BANK, N.A., AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST, SERIES 2004- OPTI., ASSET BACKED PASS-THROUGH CERTIFICATES. WELLS FARGO BANK, N.A., AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST, SERIES 2004-OPTI, ASSET BACKED PASS-THROUGH CERTIFICATES (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 RICHARD C. FOX and ANITA L. MARLEY-FOX , Mortgagor(s); to OPTION ONE MORTGAGE CORPORATION. Bearing date of: July 02,2004; Amount Secured: $119,850.00; Recorded on July 12,2004; in Book 1873, Page 1329; in the Recorder of Deeds Office of Cumberland County, Commonwealth of Pennsylvania ("Mortgage") Property: 502 East Keller Street, Mechanicsburg,PA 17055 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 hold all rights under the Note and Mortgage forever, subject however, to the right and equity of redemption, if any, of the maker(s) of the Mortgage, their heirs and assigns forever. Assignor, by its appropriate corporate officers, l if executed and sealed with its corporate seal this Assignment of Mortgage on this day of 4 , 2008. OPTION ONE MORTGAGE CORPORATION (Affix Corporate Seal) ss: STATE OF COUNTY OF ) BE IT REMEMBERED, that on this S2% day o - , 2008, before me, the subscriber, a Notary Public personally appeared ;'eter'iead SaCi'cASt GVJ' Eric Tate . kS i S AA r r,. to m. e F -Se U{? to NtOC COI p©ta}?ovt officers of Assignor, who I am satisfied aree perso s who sigu'ed 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. JACQUELYN FREEMAN NOTARY PUal,10 • MIPMESOTA MY COMMISSION EXPIRES JAN. 31, 2011 ES P.- W -1 - - I hereby certify the address of the Assignee is 8 6501 Irvine Ce Drive, Irvin CA 9261 40 6A 0013759840 No ublic My commission expires: Case #: 60264FC Oate: =2004 Order tabor: 000021357 Re: Richard C- Ids Anita L. X&r2W-!0r Tkne; 1:12:30 FM $02 Fd1ST KNIAER STREET MECHARICSHORG, PA 17055 CUMOW tAND County EXHIBIT W AML TRAT CERTAIN piece or parcel of land situate in the Borough Of Mechanicsburg, County of Cumberland and State of Pennsylvania, sore particularly bounded and described ao'follows, to wit, BEGINNING at a point on the South side of East Keller Street (80 feet wide) as shown an the hereinafter Plan of Lots, at the dividing line between Lots No*. 14 and 15, Section "F-, on said Phan. thence North 72 degrees 48 minutes Soot along he. South side of Keller Street, a distance of seventy-two and eighty-two one-hundredths (72.82) feet to Lot No. 16, Section -r; thence South 17 degrees, 12 minutes Beat along said Lot No. 16, Section "F-, a distance of one hundred thirty (1301 n- tb a "00iiif; tWW0F "SWtK 72"dQW6_V48"i U-uT_e`s Wst; 4-41-1 sae of fifty-seven and eighty-nine and one-hundredths (87.89) feet to Lot no. 13, section "F"1 thence North 23 degrees 45 minutes Nest along Lots No. 13 and 14, section "r", a distance of one hundred thirty and eighty-five one-hundredths (130.85) feet to the South aide of Keller Street, the place of BEGINNING. 88YNG Lot No. 15, Section "P" on the plan of Blackburn Village as recorded in the Recorders Office in and for Cumberland County in Plan Bock 6, Page 7. HAVING THEREON ERECTED a single brick dwelling house kno1A?n as No. 502 East Keller Street, Mechanicsburg, PA. 1 Certify this to be recorded in Cumberland County PA Recorder of Deeds i ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND. COUNTY i COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200803376 Recorded On 2/4/2008 At 11:52:06 AM * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number -13711 User ID - JM * Mortgagor - FOX, RICHARD C * Mortgagee - OPTION ONE MORTGAGE CORP * Customer - GOLDBECK MCCAFFERTY * FEES 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 * Total Pages - 4 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA t RECORDER O D DS * - Information denoted by an asterisk may change during the verifleation process and may not be reflected on this page. Illl?gl 111111111111111111111111 EXHIBIT D Legal Description All that certain piece or parcel of land situate in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follow, to wit: BEGINNING at a point on the South side of East Keller Street (50 feet wide) as shown on the hereinafter Plan of Lots, at the dividing line between Lots Nos. 14 and 15, Section "F", on said Plan; thence North 72 degrees 48 minutes East along the South side of Keller Street, a distance of seventy-two and eighty-two hundredths (72.82) feet to Lot No. 16, Section "F"; thence South 17 degrees 12 minutes East along said Lot No. 16, Section "F", a distance of one hundred thirty(130) feet to a point; thence South 72 degrees 48 minutes West, a distance of fifty-seven and eighty-nine hundredths (57.89) feet to Lot No. 13, Section "F"; thence North 23 degrees 45 minutes West along Lots No. 13 and 14, Section "F", a distance of one hundred thirty and eighty-five hundredths (130.85) feet to the South side of Keller street, the place of Beginning. Being Lot No. 15, Section" F" on the Plan of Blackburn Village as recorded in the Recorder's Office in and for Cumberland County in Plan Book 6, Page 7. HAVING THEREON ERECTED a single brick dwelling house known as NO. 502 East Keller Street, Mechanicsburg, PA. Tax ID- 17-23-0563-082 For information purposes only - Property also known as: 502 E Keller St Mechanicsburg, PA 17055-6528 TITLE TO SAID PREMISES IS VESTED IN Richard C. Fox and Anita L. Marley-Fox, by deed from James E. Marley, individually, dated 7/2/2004 recorded 7/12/2004 in Book 264, Page 488. EXHIBIT E American 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 PRESORT First-Class Mail U.S. Postage and Fees Paid W SO 2259471102 20120213-156 Send Correspondence to: American Home Mortgage Servicing Inc. P.O. Box 632237 Irving, TX 75063-2237 i '??'il?'?II'I?II'I'?'I?I'?III?I'1111'Illlll'I???I?IIIIII'I?I'?II RICHARD C FOX 502 E KELLER ST MECHANICSBURG, PA 17055-6528 OP001 _PA A UA d 11+4 P.O. Box 631730 ?acMa ..v n? Irving, TX 75063-1730 02/13/2012 RICHARD C FOX 502 E KELLER ST MECHANICSBURG, PA 17055-6528 Loan Number: 0013759840 Property Address: 502 E KELLER ST MECHANICSBURG, PA 17055 www.ahmsi3.com American Home Mortgage Servicing, Inc is currently servicing your Mortgage Loan that is secured by the property located at: 502 E KELLER ST MECHANICSBURG, PA 17055 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 08/01/2011: $7,257.25 Late Charge(s) (if applicable): $196.04 Other Charge(s): NSF and Advances (if applicable): $0.00 Less: Credit Balance: 116.26 TOTAL YOU MUST PAY TO CURE DEFAULT: $7,505.43 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 $7,505.43 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 pavable 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 OP001 _PA Pagel of 2 2259471102 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 Mortgage Servicing, Inc P.O. Box 632237 Irving, TX 75063-2237 Phone: (877) 304-3100 OP001 PA Page 2of2 2259471102 American 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 PRESORT First-Class Mail U.S. Postage and Fees Paid W SO 2259471101 20120213-156 Send Correspondence to: American Home Mortgage Servicing Inc. P.O. Box 632237 Irving, TX 75063-2237 IIIII??IIII"I?"??I?I?IIII?I'III"I'Il????l?llllll??ll,???lllll? ANITA L MARLEY-FOX 502 E KELLER ST MECHANICSBURG, PA 17055-6528 OP001 _PA AMp9F A M P.O. Box 631730 t^? Irving, TX 75063-1730 02/13/2012 ANITA L MARLEY-FOX 502 E KELLER ST MECHANICSBURG, PA 17055-6528 Loan Number: 0013759840 Property Address: 502 E KELLER ST MECHANICSBURG, PA 17055 www.ahmsi3.com American Home Mortgage Servicing, Inc is currently servicing your Mortgage Loan that is secured by the property located at: 502 E KELLER ST MECHANICSBURG, PA 17055 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 08/01/2011: $7,257.25 Late Charge(s) (if applicable): $196.04 Other Charge(s): NSF and Advances (if applicable): $0.00 Less: Credit Balance: 116.26 TOTAL YOU MUST PAY TO CURE DEFAULT: $7,505.43 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 $7,505.43 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 VIAW? lam OPOO]_PA Page 1 oft 2259471101 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 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 Sheriff's 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 OP00 ] _PA Page 2 of 2 2259471101 FORM 1 Wells Fargo Bank, N.A., as Trustee et al Plaintiff(s) vs. Anita L. Marley-Fox and Richard C. Fox Defendant(s) IN THE COURT OF COMMON PLEAS OF) CUMBERLAND COUNTY, PENNSYLVA:R ' :P CD r co Civil /er#4 NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference, First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no. charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your tender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and + our lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will"prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date '[Signature of Counsel for Plaintiff] FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different) City: Phone Numbers Email: # of people in household: Mailing Address: City: Phone Numbers: Email: # of people in household: First Mortgage Lender: _ Type of Loan: Loan Number: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Date of Last Payment: PriMM Reason for Default: State:_ Zip: Yes ? No ? Listing date: Price: $ Realtor Phone: Yes E] No ? State: Zip: Home: Cell: Office: Other: How long? State: Zip: Horne: Cell: How long? Date You Closed Your Loan: Office: Other: Included Taxes & Insurance: Is the loan in Bankruptcy? Yes ? No ? If yes, provide names, location of court, case number & attorney: _ _ Assets Amount Owed: Value: Home: $ $ _ Other Real Estate: $ $_ Retirement Funds: $ $_ _ Investments: $ $ _ Checking: $ $ _ Savings: $ $ _ Other: $ _ $ _ Automobile #1: Model: Year: Amount owed: Value: Automobile #2: Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): I . monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: _ Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" Mortgage Utilities Car Payment(s) CondolNei . Fees Auto Insurance Med. not covered Auto fuel/re airs Other prop. payment Install. Loan Payment Cable TV Child Su rt/Alim. Spending Mane Da /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ? No ? If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): _ Fax: _ 2 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? No ? If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ? No ? If yes, please indicate the status of those'negotiations: Please provide the following information, if know, regarding your lender or lender's loan servicing company: Fender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I/We, , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. l/We understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: Proof of income _?tr Past 2 bank statements V Proof of any expected income for the last 45 days Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) FORM 3 Wells Fargo Bank, N.A., as Trustee et al IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. Anita L. Marley-Fox and Richard C. Fox Defendant(s) CIVIL REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated , 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel/Appointed Legal Representative Signature of Defendant Signature of Defendant Date Date Date FORM 4 Wells Fargo Bank, N.A., as Trustee et al IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) CIVIL ACTION vs. Anita L. Marley-Fox and NO. Richard FF Defendant(s) CASE MANAGEMENT ORDER AND NOW, this day of , 20 , the defendant/borrower in the above-captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on at M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendantiborrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ,tita? of a ir?bn? M -r ... Jody S Smith 4 ? Chief Deputy 1 r. r • , 4" -- `' ` - C_ Richard W Stewart c Solicitor OFFICE F 7HE s",:RIFF , Wells Fargo Bank, N.A. vs. Anita L. Marley-Fox (et al.) Case Number 2012-3588 SHERIFF'S RETURN OF SERVICE 06/11/2012 04:45 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June 11, 2012 at 1645 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Anita L. Marley-Fox, by making known unto herself personally, at 502 E. Keller Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. A G SHAL UTY 06/11/2012 04:45 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June 11, 2012 at 1645 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Richard C. Fox, by making known unto Anita L. Marley-Fox, Wife of Defendant at 502 E. Keller Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. TSHA SHERIFF COST: $54.00 June 12, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF tC) CountySuite Sheriff. Teleosoft. Inc. File No. 14871-12-06207 PARKER McCAY P.A. By: Chandra Arkema, Esquire Attorney ID# 203437 9000 Midlantic Drive, Suite 300 P.O. Box 5054 Mount Laurel, NJ 08054-1539 (856) 810-5815 Attorneys for Plaintiff Wells Fargo Bank, N.A., as Trustee for Citigroup Mortgage Loan Trust, Series 2004-OPT1, Asset Backed Pass-Through Certificates, Series 2004-OPT1 4875 Belfort Road, Suite 130 Jacksonville, FL 32256 ,.. u ;,` , _T ~1 r ~~ ti~ r COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 12-3588 CIVIL TERM Plaintiff, v. Anita LMarley-Fox and Richard C Fox 502 E Keller Street Mechanicsburg, PA 17055 CIVIL ACTION MORTAGE FORECLOSURE Defendants. PRAECIPE TO SETTLE AND DISCONTINUE ACTION TO THE PROTHONOTARY OF .CUMBERLAND COUNTY: Please mark the above captioned action in Mortgage Foreclosure as discontinued without prejudice. PARKER McCAY, P.A Dated: November 13, 2012 gy, Chandra Arkema Esquire Attorney for Plaintiff