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Home My WebLink About12-4166MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 -? To: m . mss _s M You are hereby notified to G'0 ?S file a written response to the enclosed within twenty (26) days from the service hereof or a judgm ma nter against you. Attorne r Pla ti f Attorney for Plaintiff File: 45.19504 THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2006-14 475 Crosspoint Parkway Getzville, NY 14068, Plaintiff, Vs. Joseph M. Gross 4204 Allen Road Camphill, PA 17011, and Tanya M. Gross 4204 Allen Road Camphill, PA 17011, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY I No.: I a- L4 I (1 ?0 CACTION / RESIDENTIAL OWNER OCCUPIED MORTGAGE FORECLOSURE c"s c MW rn zm ?r -C Z Z c.n co C-3 1 o? r? x ?„+ l0 3. ?s?,,L '? -asst NOTICE You have been sued in court. If you wish to defend against the claims set f rth in the following pages, you must take action within twenty (20) days afte t is complaint and notice are served, by entering a written appearance person Ily r by attorney and filing in writing with the Court your defenses or objections to t e claims set forth against you. You are warned that if you fail to do so the cas m y proceed without you and a judgment may be entered against you by the co rt without further notice for any money claimed in the complaint or for any oth r claim or relief requested by the plaintiff. You may lose money or property or oth r rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU D N HAVE A LAWYER, TELEPHONE THE OFFICE SET FORTH BELOW TO FIN O WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABI PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER L SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This communication is from a debt collector. This is an attempt to col debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by o r offices. 3. If you notify our offices in writing within 30 days of receipt of this notic that the debt, or any portion thereof, is disputed, our offices will provide you verification of the debt or copy of the Judgment against you, and a copy of s verification or judgment will be mailed to you by our offices. ich MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2006-14 475 Crosspoint Parkway Getzville, NY 14068, Plaintiff, Vs. Joseph M. Gross 4204 Allen Road Camphill, PA 17011, and Tanya M. Gross 4204 Allen Road Camphill, PA 17011, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No.. CIVIL ACTION / RESIDENTIAL OWNER OCCUPIED MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET- BACKED CERTIFICATES, SERIES 2006-14 (the "Plaintiff'), is registered to conduct in the Commonwealth of Pennsylvania and having an office and place of business at 475 Crosspoint Parkway, Getzville, NY 14068. 2. Defendants, Joseph M. Gross and Tanya M. Gross, (collectively, the "Defendants"), adult individuals and are the real owners of the premises hereinafter described by virtue ofa Deed dated April 30, 2004, recorded May 3, 2004 in Deed Book 262, Page 3941, 2004-016408. The Deed is attached hereto as Exhibit "A" and made a part hereof. 3. Defendant Joseph M. Gross, upon information and belief, resides at 4204 Allen Camphill, PA 17011. Defendant Tanya M. Gross, upon information and belief, resides at Allen Road, Camphill, PA 17011. 4. On June 20, 2006, in consideration of a loan in the principal amount of $121,500. Defendants executed and delivered to Countrywide Home Loans, Inc. an Adjustable Rate (the "Note") with interest thereon at 7.875 percent per annum, payable as to the principal interest in equal monthly installments of $833.43 commencing August 1, 2006. The Note i attached hereto as Exhibit "B" and made a part hereof. 5. A Loan Modification Agreement was executed on or about March 9, 2010 Defendants (the "Borrower") and BAC Home Loans Servicing, LP (the "Lender") to unpaid principal balance due on the Note to $129,976.92, consisting of the amount(s) Borrower by the Lender which may include, but not limited to, any past due principal interest, fees and/or costs capitalized. Effective March 1, 2010 the interest rate decreased 3.625 per annum. The Loan Modification Agreement is attached hereto as Exhibit "C" a part hereof. 6. To secure the obligations under the Note, the Defendants executed and delivered to Mortgage Electronic Registration Systems, Inc. acting soley as nominee for Countrywide Loans, Inc a mortgage (the "Mortgage") dated June 20, 2006, recorded on June 23, 2006 v Department of Records in and for the County of Cumberland under Mortgage Book 1955, l 4858. The Mortgage is attached hereto as Exhibit "D" and made a part hereof. 7. Plaintiff is proper party Plaintiff by way of an Assignment of Mortgage recorded 2011 under Instrument 201112855. The recorded Assignment of Mortgage is attached Exhibit "E" and made a part hereof. 8. The Mortgage secures the following real property (the "Mortgaged Premises"): Allen Road, Camphill, PA 17011. A legal description of the Mortgaged Premises is hereto as Exhibit "F" and made a part hereof. 9. The Defendants are in default of their obligations pursuant to the Note and because payments of principal and interest due October 1, 2010, and monthly thereafter and have not been paid, whereby the whole balance of principal and all interest due become due and payable forthwith together with late charges, escrow deficit (if any) and collection including title search fees and reasonable attorney's fees. 10. The following amounts are due on the Mortgage and Note: Principal Balance ......................... Accrued but Unpaid Interest from 9/1/10 to 5/21/12 ........................... Escrow Advances .......................... Late Charges ................................. Foreclosure Fees ............................ Property Inspection Fees .............. Partial Payment Adjustment......... Reasonable Attorney's Fees ......... TOTAL as of 05/21/2012 .............. ....$128,091.22 .............. $7,994.67 ..............$3,901.52 .................$187.88 ................. $250.00 ................. $135.00 ................$207.84 ..............$1,450.00 ..........$141,802.45 Plus, the following amounts accrued after May 21, 2012: Interest at the Rate of 3.625 percent per annum (12.6866 per diem); Late Charges per month if applicable. 11. Plaintiff has complied fully with Act No. 91 (35 P.S.'1680.401(c) of the 1983 Session the General Assembly ("Act 91 ") of the Commonwealth of Pennsylvania, by mailing to the Defendants at 4204 Allen Road, Camphill, PA 17011 as well as to address of residences as listed in paragraph 3 of this document on November 1, 2010, the notice pursuant to § 403 Act 91, and the applicable time periods therein have expired. The Act Notices are attached as Exhibit "G" and made a part hereof. 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 namely, $141,802.45, plus the following amounts accruing after May 21, 2012, to the date judgment: (a) interest of 12.6866 per day, (b) late charges per month if applicable, (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) and costs of suit. MILSTEAD & ASSOCIATES, LLC Dater Attorney VERIFICATION hereby states that he@h To-- f America, N.A., successor by merger to BAC Home Loans Servicing, L.P., Servicing Agent for PIE this matter, that he/authorized to make this Verification, and verify that the statements made foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his er?cnowled information and belief. The undersigned understands that this statement is made subject to the of 18 Pa. C.S. Sec. 4904 relating to unsworn falsificat'on to authorities. Name: [y`?d L f C ?} 1 r Title: c Tc3Vl ?'? i?? 2 f w , - - E coriDER "vr DEED DEED wARRANTY : R LA ti C O U ti3 Y , i + IND. OR CORP. I A 6E03 ? "9? 3 ?'? ? ? SG PARCEL NO.: 13-240797-186 This Deed, made the Between °- day of 2004 Douglas M. DiMartiie and Linda S. DiMardle, formerly known as Linda H. Lettish, husband and wife, herein designated as the Grantors, And Joseph M. Gross and Tanya M, Gross, husband and wife, herein designated as the Grantees, Witnesseth, that the Grantors, for and in consideration of One Hundred Thirteen Thousand Nine Hundred dt 00/100 Dollars ($113,940.00) lawful money of the United States ofAmerica, to the Grantors in hand well and truly paid by the Grantees, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged and the Grantors being therewith fully satisfied, do by these presents grant, bargain, sell and convey unto the Grantees forever, ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of Lower Allen in the County of Cumbaland being known as Lot No. 61 on Plan of Lon laid out for Allen Park Development Corporation, called Cumberland Park as recorded in Plan Book 4, Page 86, Cumberland County records, situate on the northwesterly side of Allen Road (formerly Avenue R), Cumberland Park bounded and described as follows, to wit: BEGINMNG at a point on the northwesterly side of Allen Road (formerly Avenue R) 40 feet wide, at a distance of 194.85 feet measured South 58 degrees 30 minutes 00 seconds West fro n the intersection ofsaid Allen Road (formerly Avenue R) with the westerly side of Locust Street, 60 feet wide; thence along the said side ofAllen Road (formerly Avenue $1, South 58 degrees 30 minutes 00 seconds West, a distance of 60 feet to the dividing lino between Lots Nos. 61 and 62 on the above referenced plan; thence along said dividing line North 31 degrees 30 minutes 00 seconds West, a distance of 126.86 feet to a point,• thence along Lot No. 80, North 43 degrees 06 minutes 00 seconds East, a distance of 62.23 feet to a point; thence along Lot No.63, South 31 degrees 30 minutes 00 seconds East, a distance of 143.39 feet to the first mentioned point and place of BEGINMNG. HAVING THEREON ERECTED a dwelling house being known and numbered as 4202 Allen Road Camp Hill, Pa. BEING THE SAME PREMISES which Edward A. Palek, Jr. and Anglea M. Palek by their Deed dated September 13, 1995, recorder October 30, 1995 in the ice of the Recorder ofDeeds in andfor Cumberland County, Pennsylvania in Deed Book 130, Page 325, granted and conveyed unto Douglas M. DiMartile and Linda H. Lettish, now know as Linda H. DiMardle by virtue of her marriage to Douglas M. DlMaridle, the Grantors herein, UNDER AND SUBJECT, NEFERTFIELESS, to all reservations, restrictions, covenants, conditions, easements, leases and rights of way appearing of record, including but not limited to those appearing at peed Book C 36, page 812, et seq. tom 262 PA fna JOAnn11 A•91 •R.A AM CUMBERLAND COUNTY Inst.# 2? 041t08 - Page 1 of 3 Together with all and singular the buildings, imptrtvemvas, wa)w, wioo&, %wen, watercourses, rights, liberties, hereditaments and appurtenances to the same belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents issues and profits thereof, and of every part and parcel tha eof,• And Also all the estats right title, interest, use, possession, property, claim and demand whatsoever of the Grantors both in law and in equity, or, in and to the premises herein described and every part and parcel thereof with the appurtenances. To HaveAnd To Hold all and singular the premises herein described together with the hereditaments and appurtenances unto the Grantees and the Grantees'prrper use and benefit forever. And the Grantors covenant that, except as may be herein set forth, they do and will Specially Warrant and Defend the lands andpremises, hereditaments and appurtenances hereby conveyed, against the Grantors and all other persons lawfully claiming the same or to claim the same. In all references herein to any parties, persons, entities or corporations, the use of any particular gender or the plural or singular number is intended to include the appropriate gender or number as the tent of the within insoument may squirt. Wherever in this instrument any party shall be designated or referred to by name or general reference, such designation is intended to and shall have the same effect as # 'the hard; "9ietrs, executors, administrators, personal or legal representativa. successors and assigns" has been inserted after each and every such designation. In Witness Whereof, the Grantors have hereunto set their hands and seals, or tf a corporation, it has caused theseprosatts to be signed by its proper corporate off ices and its corporate seal to be affixed hereto, the day and year first above written. Signed, Seated and Delivered in the presence of or Attested by -? V Douglas M. DiMartile inda H. iMar le Linda H. Lettich Commonwealth of Pennsylvania, County of &, 1V(A _ )ss: Be It Remembered, that on before me the subscriber personally appeared Douglas M. Dt'Martde and Linda H DiMarWe, formerly known as Linda H. LaWch, husband and wife, known to me (or satisfactorily provem) to be the persons whose names are subscribed to the within deed and acknowledged that they executed the same for the purposes therein contained. Witness my hand and seal th 6001( 262 PACE3942 2W011 8721:58 Ann CUMBERLAND COUNTY Inst.# 201041 08 -Page 2 of 3 2ee2 Douglas M. DiMartile Linda H. DiMartile TO Joseph M. Gross Tanya Gross Dated The Undersigned certifua that the precise residence and complete post offlee address of the Grantee is, 4204 Allen Road Camp M Pennsylvania 17011 mmil A•91AR AMI /mot. Minn a i Ccrti fv this to be rccordcc F Z 4 -. -+ b w p E in Cumberland County Pty to m ? . K ? 90 » ?^ • ?' _ x 1 ?T ? . h_ 'TS!)fr Recorder of Dee( b.' IO ??.iN d1~+b+0 .4 Y N `? g i Si S g g ibog 262 Puu-3 43 CUMBERLAND COUNTY Inst.# 200416#08 - Page 3 of 3 Prepared by. JAMIE CRAWFORD DDD LOAN #1 ADJUSTABLE RATE NOTE (LIBOR Index - Rate Caps) THIS NOTE.CONTAIjNS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PA MENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY Q E TIME AND THE MAXIMUM RATE I MUST PAY. JUNE 20, 2.006 CAMP HILL PENNSYLVANIA [Date) [City] istatel 4204 A11en Rd, Camp 14111, PA 17011-6601 [Property Address] 1. BORROWER'S PROMISfD TO PAY In returnfora loan that I ave received, I promise to pay U.S. $ 121, 500.0 0 (this amount is called "Principal"), plus interest, to the order of thLender. The Lender is COUNTRYWIDE HOME LO S, INC. I will make all payments unde this Mote in the form of cash, check or money order. I understand that the Le der may transfer this Note. The Lender or anyone 'who takes this Note by transfer and who is entitled to receive payments u der this Note is called the 'Note Holder." 2. INTEREST Interest will bef charged in unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 7.87S "/o. The in erest rate I will pay may change in accordance with Section 4 of this Note. The interest rate require by this Section 2 atid, Section 4 of this Note is the rate I will pay both before and after any default described in Section17(13) of is Note. 3. PAYMENTS (A) Time and Place of -ayments I will pay Principal and i terest by making a.payment every month. I will make my. monthly syment on the first day of each month beginning on AUGUST 01, 2006 I will make these, payments every month until I have paid all of the Principal and interest and any other charges described b low that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on JULY 01, 2046 , 1 still owe amounts under this Note, I will pay those amount, in full on that date, which is called the "Maturity Date." I will make my monthly payments at P.O. Box 660694, Dal as, TX 75266-0694 or at a different place if requir d by the Note Holder. (B) Amount of My Initl I Monthly Payments Each of my initial monthly payments will be in the amount of U.S. $ 833.43 This amount may changq. (C) Monthly tayment Changes Changes in my monthly3ayment will reflect changes in the unpaid Principal cif my loan and in the interest rate that I must pay. The Note Holdbr will de I rmine my new interest rate and the changed amount of my monthly payment in accordance'with Section 4 of this Note. 4. INTEREST RATE AND 1VIONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of JULY, 2008 and on that day every sixth month thereafter. ach date on which my interest rate could change is called a "Change Date," (B) The Index Beginning with the first Mange Date, my interest rate will be -based on an Index. The "Index" is the average of interbank offered rates for six month U. . dollar-denominated deposits in the London market ("LIBOR'), as published in The Wall $'treet Journal The most r6cent Inde figure available as of the date 45 days before the Change Date is called the "Current Index."' If the Index is,no longe available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give met otice of this choice. (C) Calculation of Charges Before each Chang Date, the Note Holder will calculate my new interest rate by adding six & ONE-HALF percentage point(s) ( 6.500 %) to the Current Index. The Note Holder will'then round the result of this addit on to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this roun led amount will be my new interest rate until the next Change Date. W W LOAN #i:: The Note Holder will en determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected t owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments. The result of this c culation will be the new amount of my monthly payment, (D) Limits on Interest Late Changes The interest rate I am required to pay at the first Change Date will not be greater than 9.375 % or less than 7. 875 %. Thereafter, y interest rate will never be increased or decreased on any single Change Date by more than ONE & ONE-HALF' percentage point(s) ( 3. . Soo %) from the rate of interest I have been paying for the preceding six months. My interest rate will never be greater than 3,4.875 % or less than 7.875 %. (E) Effective Date of C anges My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will d liver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me andalso the title and telephone number of a person who will answer any question I may havd regarding the notice, 5. BORROWER'S RIGHT O PREPAY I have the right to ma a payments of Principal at any time before they are due. A prepayment of all of the unpaid principal is known as a "F 11 Prepayment." A prepayment of only part of the unpaid principal is known as a "Partial Prepayment." If the original Princip 1 amount of this loan is $50,000 or less, I may make a Full or Partial Prepayment without paving a penalty. Ikowever, f the original Principal amount of this Note exceeds $50,000, I may prepay:this Note in full at any time without penalty. © If within the first TWENTY FOUR months after the execution of the Note, I make any prepayment(s) within any 12-month peribd, the to al of which exceeds 20 percent (200/6) of the original principal amount of this loan, I will pay a prepayment pendity in an mount equal to the payment of six (6). months' advance interest on the amount by which the total of my prepayment(s) lithin that 12-month period exceeds 20 percent (20%) of the original principal amount of the loan. d. LOAN CHARGES If a law, which applies t 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 petmitted limits, then: (a) any such loan charge shall be reduced by the amou-it necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded) permitte limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this No a or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a Partial Prepayment. 7. BORROWER'S;FAILURIr TO PAX AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of FIFTEEN calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay-the full ount of each monthly payment on the date it is due, I will be in default. (C) Notice of befault If I am in default, the to Holder may send me a written notice telling me that if I do not pay the overdue amount by 2 certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver by Note Holder Even if; at a tine when am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still hav the right to do so if I am in default at a later time. (E) Payment df Note H Ider's Costs and Expenses If the Note Holder has r quired me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of it costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for exampl , reasonable attorneys' fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my differe t address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by firsi class mail to the Note Holder?at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. C • BC - ARM Note 2Dt75-PA (12/06) Page 2 of 3 X - W LOAN #1: 9. OBLIGATIOiVS?OF I'E ONS UNDER THIS NOTE If more than one parson igns this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promi a to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these thin . Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is als obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each p Eson individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed ui!ider this Note. 10. WAIVERS I and any other person ho has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right.to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Hold+ tb give notice to other persons that amounts due have not been paid. 11. SECURED NOTE In addition to the protect "Security Instrumentdated t not keep the promises which I required to make immediate p follows: If all or any part o1 natural person and a ber Lender may require imm shall not be exercised by If Lender exercises period of not less than 30 must pay all sums secure this period, Lender may on Borrower. WI'T'NESS THE HAND(S) cns given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the to same date as this Note, protects the Note Holder from possible losses which might result if I do make in this Note. That Security Instrument describes how and under what conditions I may be tyment in full of all amounts I owe under this Note. Some of those conditions are described as the Property or any interest in the Property is sold or transferred (or if Borrower is not a eficial interest in Borrower is sold or transferred) without Lender's prior written consent, diate payment in full of all sums secured by this Security Instrument. However, this option .ender if such exercise is prohibited by Applicable Law. this option, Lender shall give Borrower notice of acceleration. The notice shall provide a days from the date the notice is given in accordance with Section IS within which Borrower i by this Security Instrument. If Borrower falls to pay these sums prior to the expiration of woke any remedies permitted by this Security Instrument without further notice or demand SEAL(S) OF THE UNDERSIGNED. All'- JOSEPH M. GROSS TANYA M. [Sign Original 60 -ARM Note 2D 178-PA (17/06) Page 3 of 3 Bank of America' Home Loans After Recording Return To: f ! ' BAG Home Loans Servicing, LP Home Retention Division 4500 Amon Carter Blvd. J) If (?1 Jli I Fort Worth, TX 76155 I 610 ,_,OD 001 This document was prepared by BAC Home Loans Servicing, LP [Space Above This Line For Recording Data] HOME AFFORDABLE MODIFICATION AGREEMENT (Step Two of Two-Step Documentation Process Borrower CT )1: JOSEPH M GROSS and TANYA M GROSS Lender ("Lender"): BAC Home Loans Servicing, LP Date of first lien Securitv Instrument ("Mortgage") and Note ("Note"): June 20, 2006 Loan Number Property Address ("Property"): 4204 Allen Rd, Camp Hill, PA 17011 MERS: '100015700068453436 MERS is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting, solely as a nominee for Lender and Lender's successors and assigns MERS is organized and existing under the laws of Delaware, and has an address and, telephone number of P.O. Box 2026, Flint, MI 48501-2026, (888) 679-MERS. If my representations in Section 1 continue to be true in all material respects, then this Home Affordable Modification Agreement ("Agreement") will, as set forth in Section 3, amend and supplement (1) the Mortgage or Deed of Trust on the Property, and,(2) the Note secured by the Mortgage. The Mortgage and Note together, as they may previously have been amended, are referred to as the "Loan Documents." Capitalized terms used in this Agreement and not defined -have the meaning given to them in Loan Documents. I understand that after I sign and return two copies of this Agreement to the Lender,.the Lender will send me a signed copy of this Agreement. This Agreement will not take effect unless the preconditions set forth in Section 2 have been satisfied. My Representations I certify, represent to Lender and agree: A. I am experiencing a financial hardship, and as a result, (i) I am in default under the Loan Documents, and (ii) I do not have sufficient income or access to sufficient liquid assets to make the monthly mortgage payments now or in the near future; B. I live in the Property as my principal residence, and the Property has not been condemned; 1. If there is more than one Borrower or Mortgagor executing this document, each is referred to as '1.' For purposes of document words signifying the singular (such as '1') shall include the plural (such as 'we") and vice versa where appropr MULTISTATE }TOME AFFORDABLE MODIFICATION AGREEMENT - Single Family - Form 3167 3/09 (page f of 7) 8116 08109 f Investor Loa, C There has been no change in the ownership of the Property since I signed the Loan Documents; D I have provided documentation for all income that i receive (and I understand that I am not required to disclose child support or alimony unless I chose to rely on such income when requesting to qualify for the Home Affordable Modification program ("Program'); E. Under penalty of perjury, all documents and information I have provided to Lender in connection with this Agreement, including the documents and information regarding my eligibility for the Program, are true and correct, F. If Lender requires me to obtain credit counseling in connection with the Program, I will do so; and G. I have made or will make all payments required under a Trial Period Plan or Loan Workout Plan. , 2. Acknowledgements and Preconditions to Modification. I. understand and acknowledge that- A. If prior to the Modification Effective Date as set forth in Section 3 the Lender determines that my representations in. Section 1 are no longer true and correct, the Loan Documents will not be modified and this Agreement will terminate. In this event, the Lender will have all of the rights and remedies provided by the Loan Documents, and, B. I understand that the Loan Documents will not be modified unless and until (i)1 receive from the Lender a copy of this Agreement signed by the Lender, and (ii) the Modification Effective Date (as defined in Section 3) has occurred. I further understand and agree that the Lender will not be obligated or bound to make any modification of the Loan Documents if I fad to meet any one of the requirements under this Agreement. 3. The Modification. If my representations in Section 1 continue to be true in all material respects and all preconditions to the modification set forth in Section 2 have been met, the Loan Documents will automatically become modified on the 1st day of April, 2010 (the "Modification Effective Date") and all unpaid late charges that remain unpaid will be waived, I understand that if I have failed to make any payments as a precondition of this modification under a workout plan or trial period plan, this modification will not take effect. The first modified payment will be due on 1 st day of April, 2010. A. The new Maturity Date will be- July 1, 2046. B. The modified Principal balance of my Note will include all amounts and arrearages that will be past due as of the Modification Effective Date (including unpaid and deferred interest, fees, escrow advances and other costs, but excluding late charges, collectively, "Unpaid Amounts") less any amounts paid to the Lender but not previously credited to my Loan. The new Principal balance of my Note will be $129,976.92 (the "New Principal Balance'. I understand that by agreeing to add the Unpaid Amounts to the outstanding principal balance, the added Unpaid Amounts accrue interest based on the interest in effect under this Agreement I also understand that this means interest will now accrue on the unpaid interest that is added to the outstanding principal balance, which would not happen without this Agreement MULTISTATE HOME AFFORDABLE MODIFICA71ON AGREEMENT - Single Family - Form 3167 3109 (page 2 of 7) 8116 08/09 C Interest at the rate of 3.625% will begin to accrue on the New Principal Balance as of March; 1, 2010 and the first new monthly payment on the new principal balance will be due on April 1, 2010. My payment schedule for the modified Loan is as follows: Years Interest Rate Interest Rate Change Monthly Prin & Monthly Escrow Total Monthly Payment Begins On N or Date Int Payment Payment Payment* Mon hly Amount Amount* Paym ents 1-5 3.625 March 01, 2010 $536.72 $199.10 $735.82 April 01, 2010 60 May adjust May adjust periodically periodically 6 4.625 March 01, 2015 $60750 May adjust May adjust April 01, 2015 12 1 periodically periodically 7-37 5 000 March 01, 2016 $634.52 May adjust May adjust April 01, 2016 364 periodically periodically * The escrow payments may be adjusted periodically in accordance with applicable law and therefore my total monthly payment may change accordingly. The above terms in this Section 3.C. shall supersede any provisions to the contrary in Loan Documents, including but not limited to, provisions for an adjustable or step inte rate. I understand that, if I have a pay option adjustable rate mortgage loan, upon modification, minimum monthly payment option, the interest-only or any Ether payment options will longer be offered and that the monthly payments described in the above payment schec for my modified loan will be, the minimum payment that will be due each month for remaining term of the loan. My modified loan will not have a negative amortization feat that would allow me to pay less than the interest due resulting any unpaid interest to added to the outstanding principal balance. THIS LOAN IS PAYABLE -IN FULL AT MATURITY. YOU MUST REPAY THE ENI PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE. LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. 1 WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSI THAT YOU MAY OWN, OR YOU WILL HAVE TO FIND A LENDER, WHICH MAY BE " LENDER YOU HAVE THE LOAN WITH, WILLING TO LEND YOU THE MONEY. IF) REFINANCE THIS LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR ALL THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF OBTAIN REFINANCING FROM THE SAME LENDER. D. I will be in default if I do not comply with the terms of the Loan Documents, as modified this Agreement E. If a default rate of interest is permitted under the Loan Documents, then in the event default under the Loan Documents, as amended, the interest that will be due will be the n set forth in Section 3.C 4. Additional Agreements. I agree to the following MULTISTATE HOME AFFORDABLE MODIFICATION AGREEMENT - Single Family - Form 3167 3109 (page 3 of 7) Bile 08109 A That all persons who signed the Loan Documents or their authorized representative(s) have signed this Agreement, unless () a borrower or co-borrower is deceased; (ii) the borrower anc co-borrower are divorced and the property has been transferred to one spouse in the divorce decree, the spouse who no longer has an interest in the property need not sign this Agreement (although the non-signing spouse may continue to be held liable for the obligatior under the Loan Documents); or (III) the Lender has waived this requirement in writing. B. That this Agreement shall supersede the terms of any modification, forbearance, Trial Perioc Plan or Workout Plan that I previously entered into with Lender. C. To comply, except to the extent that they are modified by this Agreement, with all covenants agreements, and requirements of Loan Documents including my agreement to make al payments of taxes, insurance premiums, assessments, Escrow Items, impounds, and a other payments, the amount of which may change periodically over the term of my Loan. D. That this Agreement constitutes notice that the Lender's waiver as to payment of Escrov Items, if any, has been revoked, and I have been advised of the amount needed to fully fun( my escrow account. Funds for Escrow Items: I will pay to Lender on the day payments are due under the Loan Documents as amender by this Agreement, until the Loan is paid in full, a sum (the "Funds' to provide fo payment of amounts due for: (a) taxes and assessments and other items which can attali priority over the Mortgage as a lien or encumbrance on the Property; (b) leasehol( payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under the Loan Documents; (d) mortgage insurance premiums, i any, or any sums payable to Lender in lieu of the payment of mortgage insuranc premiums in accordance with the Loan Documents; and (e) any community associatioi dues, fees, and assessments that Lender requires to be escrowed. These items an called "Escrow Items! I shall promptly furnish to Lender all notices of amounts to be paie under this Section 4.D. I shall pay Lender the Funds for Escrow Items unless Lende waives my obligation to pay the Funds for any or all Escrow Items. Lender may waive m, obligation to pay to Lender Funds for any or all Escrow Items at any time. Any sucl waiver may only be in writing. In the event of such waiver, I shall pay-directly, when ane where payable, the amounts due for any Escrow Items for which payment of Funds ha: been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. My obligation to make sucl payments and to provide receipts shall for all purposes be deemed to be a covenant am agreement contained in the Loan Documents, as the phrase "covenant and agreement is used in the Loan Documents If I am obligated to pay Escrow items directly, pursuan to a waiver, and I fail to pay the amount due for an Escrow Item, Lender may exercise it rights under the Loan Documents- and this Agreement and pay such amount and I sha then be obligated to repay to Lender any such amount. Lender may revoke the waiver a; to any or all Escrow Items at any time by a notice given in accordance with the Loai Documents, and, upon such revocation, I shall pay to Lender all Funds, and in sucl amounts, that are then required under this Section 4.D. Lender may, at any time, collect and hold Funds in an amount (a) sufficient t permit Lender to apply the Funds at the time specified under the Real Estate Settlemen Procedures Act ("RESPA"), and (b) not to exceed the maximum amount a lender cai require under RESPA. Lender shall estimate the amount of Funds due on the basis o current data and reasonable estimates of expenditures of future Escrow items c otherwise in accordance with applicable law The Funds shall be held in an institution whose deposits are insured by a fedea agency, instrumentality, or entity (including Lender, if Lender is-an institution whose deposits are sd insured) or in any Federal Home Loan Bank. Lender shall apply the MULTISTATE HOME AFFORDABLE MODIFICATION AGREEMENT - Single Family - Form 3167 3149 (page 4 of 7) 8116 06109 Funds to pay the Escrow Items no later than the time specified under RESPA Len( shall not charge me for holding and applying the Funds, annually analyzing the escn account, or verifying the Escrow Items, unless Lender pays me interest on the Funds a applicable law permits Lender to make such a charge. Unless an agreement is made writing or applicable law requires interest to be paid on the Funds, Lender shall not required to pay me any interest or eamings on the Funds. Lender and I can agree writing, however, that interest shall be paid on the f=unds. Lender shall provide n without,charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lenc shall account to me for the excess funds in accordance with RESPA If there is shortage of Funds held in escrow, as defined under RESPA, Lender shall notify me required by RESPA, and I shall pay to Lender the amount necessary to make up t shortage in accordance with RESPA, but in no more than 12 monthly payments. If the is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify I as required by RESPA, and i shall pay to Lender the amount necessary to make up t deficiency in accordance with RESPA, but in no more than 12 monthly, payments. Upon payment in full of all sums secured by the Loan Documents, Lender st promptly refund to me any Funds held by Lender.] E. That the Loan Documents are composed of duly valid, binding agreements, enforceable I accordance with their terms and are hereby reaffirmed. F That all terms and provisions of the Loan Documents, except as expressly modified by thi Agreement, remain in full force and effect; nothing in this Agreement shall be understood c construed to be a satisfaction or release in whole or in part of the obligations contained in thl Loan Documents; and that except as otherwise specifically provided in, and as expressl modified-by, this Agreement, the Lender and I will be bound by, and will comply with, all of thi terms and conditions of the Loan Documents. G. That, as of the Modification Effective Date, notwithstanding any other provision of the Lo Documents, 1 agree as follows: If all or any part of the Property or any interest in it is sold transferred without Lender's prior written consent, Lender may, at its option, requ immediate payment in full of all sums secured by the Mortgage. However, Lender shall r exercise this option if state or federal law, rules or regulations prohibit the exercise of su option as of the date of such sale or transfer. If Lender exercises this option, Lender sh give me notice of acceleration. The notice shall provide a period of not less than 30 da from the date the notice is delivered or mailed within which I must pay all sums secured by tl Mortgage. If I fail to pay these sums prior to the expiration of this period, Lender may Invo any remedies permitted by the Mortgage without further notice or demand on me. H. That, as of the Modification Effective Date, I understand that the Lender will only allow t transfer and assumption of the Loan, including this Agreement, to a transferee of my prope as permitted under the Gam St. Germain Act, 12 U.S.C. Section 1701j-3. A buyer transferee of the Property will not be permitted, under any other circumstance, to assume t' Loan. Except as noted herein, this Agreement may not be assigned to, or assumed by, buyer or transferee of the Property. I. That, as of the Modification Effective Date, if any provision in the Note or in any addendum amendment to the Note allowed for the assessment of a penalty for full or.•partial prepayme of the Note, such provision is null and void. J. That, I will cooperate fully with Lender in obtaining any title endorsement(s), or similar ti insurance product(s), and/or subordination agreement(s) that are necessary or required the Lender's procedures to ensure that the modified mortgage loan is in first lien positii and/or is fully enforceable upon modification and that if, under any circumstance and r withstanding anything else to the contrary in this Agreement, the Lender does not recel MULTISTATE HOME AFFORDABLE MODIFICATION AGREEMENT - Single Family - Form 3167 3109 (page 5 of 7) 8116 08109 such title endorsement(s), title insurance product(s) and/or subordination agreement(s), then the terms of this Agreement will not become effective on the Modification Effective Date anc the Agreement will be null and void K. That I will execute such other documents as may be reasonably necessary to either ('i) consummate the terms and conditions of this Agreement; or (ii) correct the terms and conditions of this Plan if an error is detected after execution of this Agreement. I understand that a corrected Agreement will be provided to me and this Agreement will be void and of no legal effect upon notice of such error. If i elect not to sign any such corrected Agreement, the terms of the original Loan Documents shall continue in full force and effect, such terms will not be modified by this Agreement, and I will not be eligible for a modification under the Home Affordable Modification program. L. Mortgage Electronic Registration Systems, Inc. ("MERS', is a separate corporation organized and existing under the laws of Delaware and has an address and telephone number of P O. Box 2026, Flint, MI 48501-2026, (888) 679-MERS. In cases where the loan has been registered with MERS who has only legal title to the interests granted by the borrower in the mortgage and who is acting solely as nominee for Lender and Lender's successors and assigns, MERS has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling the mortgage loan. M That Lender will collect and record personal information, including, but not limited to, my name, address, telephone number, social security number, credit score, income, payment history, government monitoring information, and information about account balances and activity In addition, I understand and consent to the disclosure of my personal information and the terms of the Trial Period Plan and this Modification Agreement by Lender to (a) the U S. Department of the Treasury, (b) Fannie Mae and Freddie Mac in connection with their responsibilities under the Home Affordability and Stability Plan, (c) any investor, insurer, guarantor or servicer that owns, insures, guarantees or services my first lien or subordinate lien (if applicable) mortgage loan(s); (d) companies that perform support services for the Home Affordable Modification Program and the Second Lien Modification Program, and (e) any HUD certified housing counselor. N. I agree that if any document related to the Loan Documents and/or this Agreement is lost, misplaced, misstated, inaccurately reflects the true and correct terms and conditions of the loan as modified, or is otherwise missing, I will comply with the Lender's request to execute, acknowledge, initial and deliver to the Lender any documentation the Lender deems necessary. If the original promissory note is replaced, the Lender hereby indemnifies me against any loss associated with a demand on the original note. All documents the Lender requests of me under this Section 4.N: shall be referred to as "Documents." I agree to deliver the Documents within ten (10) days after I receive the Lender's written request for such replacement. MULTISTATE HOME AFFORDABLE MODIFICATION AGREEMENT - Single Family - Form 3167 3103 (page 6 of 7) Bile 08/09 1 The Lender and i have executed this Agreement. Mortgage Electronic Registration Systems, Inc. - Nominee For BAC Home Loans Servicing, LP 1100714(.Y. By. - tw crt -? /?t1S?zs 7?7 "L q, ZO t 0 Date COMMONWEALTH OF PENNSYLVANIA Notartal seal Susan Kirby Rosis. Notary Public Hampden Tmq, Cumberland Count/ My Canm^s;•.on F-Vres June 21, 2©11 Member, Peimsylvan,a Assoclabon of Notaries JOS PH GROSS 3 A-) Date TANYA.M GROSS 3 _9 - /0 Date MULTISTATE HOME AFFORDABLE MODIFICATION AGREEMENT - Single Family - Form 3167 3/09 {page 7 of 7) 8116 08109 The Lender and I' have executed this Agreement Mortgage Electronic Registration Systems, Inc. - Nominee For BAC Home Loans Servicing, LP James L Smith By, APR 19 2010 Date Date Date MULTISTATE HOME AFFORDABLE MODIFICATION AGREEMENT -Single Family - Form 3457 3/09 (page 7 of 7) 8116 08109 0"990546 GROSS &A W 001 081 214 SENATE DR STE 701 CAMP HILL PA 17011-7204 Phone: (717)730-5300 After Recording Return To: COUNTRY1nTI B HOME LOANS, INC. MS SV-79 DOCUMENT PROCESSING P.O.Box 10423 Van Nuys, CA 91410-0423 Parcet Number. 13-24-0797-186 Premises: 4204•Allen Rd Camp Hill PA 17011-6501 ZOOS JUN 23 RM 1154 [51wee Above TI& Line For Recording Data] 30763 [Escrow/closing #l MORTGAGE [Doc 2b #l PENNSYLVANIA - Single Family - Fannie MaelFreddle Mac UNIFORM INSTRUMENT WITH MERS Page 9 of 17 C -M(PA) (0508) CHL110MC,)(d) VMP Modoge Solution% Inc, (800)621-7291 Form 8439 1104 Y.+ci .Nt4 • 1 3 7 4 3 2 4 8 4 0 0 0 0 0 1 0 0 6 A" R.i 955PG485•8 DOC ID #: - -- -- Miid 1000157-0006845343-6 DEFII4MONS Words used in multiple sections of this document are defined below and other words are def(ned in Sections 3, 11, 13, 18, 24 and 21. Certain rules regarding the usage of words used in this documenrt are also provided in Section 16. ' (A) "Security Instrument" means this document, which is dated JUNE 20, 2006 , together with all Riders to this document. (B) "Borrower" is JOSEPH M GROSS, AND TANYA M GROSS, HUSBAND AND WIFE Borrower is the mortgagor under this Security Instrument (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender-and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. NMS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, W 485111-2M6, tel, (888) 679-HERS. (D}) "Lender" is COUNTRYWIDE HOME LOANS, INC. Lender is a CORPORATION organized and existing under the laws of NEW YORK Lender's address is 4500 Park Granada MSN## SVB-314 Calabasas, -Ch 91302-1613 (E) "Note" means the promissory note signed by Borrower and dated JIM 20, 2006 The Note states that Borrower owes Lender ONE HUNDRED TWENTY ONE THOUSAND FIVE HUNDRED and 00/100 Dollars (U.S. $ 121, 500. 00 -GA(PA) (0508) Cull: (10/05) ) plus interest. Borrower has promised to pay this debt in regular Page 2d17 Form 3039 1101 . .J5 5 PG-418 DOC ID #: 00013703249406006 Periodic Payments and to pay the debt in full not later than JULY 01, 2 04 6 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by,the Note, plus interest, any prepayment charges and lute charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all hiders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower Aeck box as applicable]: Adjustable Rate Rider Q Condominium Rider E:3 Second Home Rider Balloon Rider Q Planned. Unit Development Rider 1-4 Family Rider © VA Rider 0 Biweekly Payment Rider 0Q Other(s) [specify) (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative riles and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (3) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (IQ "Electronic F wds Transfer" means any transfer of funds, other than a transaction originated by cheek, draft, or similar paper instrument, which is -initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (I,,) "Escrow Items" means those items that are described in Section 3. M "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (1) damage to, or destruction 4 the Property; (ii) condemnation or other taking of all or any part of the Property; (iii'} conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (I) "Mortgage Imsurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment's means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgages loan" even if the Loan does not qualify as a "federally related mortgage loans under RESPA. (Q) "Successor In Interest of Borrower" means any party that has taker title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. ®-SA(PA)(os©) CHL(90105) Page 3of17 Form 3039 iwt r/ IUI% r U 4 tii7 -6-0 DOC 2D #: TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: 0) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MM (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns ofMERS, the following described property located in the COUNTY of CUMBERLAND [Type of Recording Jncisdiction] [Name of Recording JwTsdicdon] SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. which currently has the address of 4204 Allen Rd, Camp Hill [Streeucity] Pennsylvania 17 01.1- 6 6 01 ("Property Address"): [Zip Code] TOGETHER WITH all the bVrovements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be coveted by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the ' Froper•ty." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or oustom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. 4&.6A(FA) (osW CHL (10705) Page4 of 17 Form 3039 1101 ElK.195SP6486.1 DOC ID #: 00013703249406006 THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1, Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shalt pay when due the principal of and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender. (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied fiords. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately.prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements scoured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3, Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Nate. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied fast to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic 1'ayrnents. 40 -6A(PA) (0508) GHL (10105) Page 5 of 17 Form 3039 1101 ?PG T'v, _ ...... r _ _ _ _ _ DOC ID #: 3, Funds for Escrow Items. Borrower shall pay to Lender on the day Periodio Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage insurance premiums in accordance with the provisions ?of Section 10. These items are called "Escrow Items.* At origination or at any time daring the term of the Loan, Lender may require that Community Association Dues, Pees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly fiarnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lander waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be doemed to be a oovenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9• to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no latex than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can 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 as required by RESPA. If there is a surplus of Funds. held in escrow, as defned under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. -T"F\G jMA3 4M-WPA) (4508) CHL (10M) Page6 of 17 Form 3039 1109 BK95.rG DOC ID #: - ------ Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which In bender`s opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice Ident*ing the lien. Within IQ days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge fdr a real estate tax verification and/or reporting service used by Lender in connection with this Loan. S. Property Insurance. Borrower shall keep the Improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the terns "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one ime charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might aft such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower flails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense, Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously In effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section $ shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payer shall have the right to hold the policies and renewal certificates. If ®-6A(PA) ( 5M CHI (10105) Page 7 of 17 Forrn 3039 1101 8&1.955PG49'64 DOC ID #: Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices, if Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement Is made in writing or AppIiohble Law requires interest to be paid on such. insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair Is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Seem 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters, If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then header may negotiate sad settle the claim, The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the arhounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the data of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste'on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section S that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid finther deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is -T(;, 3YVVY 40 -SA(PA) (vw) CHL laott?s> page s of'17 Faro 3039 vat W% J Fu Ilu 7 IOC ID #: l - completed, If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may Inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include3 but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9, Protection of Lender's Interest in the Property and Righis Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lenders interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a. lien which may attain priority over this Security Iristrumeut or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can Include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court, and (a) paying reasonable attorneys' fees to proted its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires f$e title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required t0 maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that wetie due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insuran a loss reserve shall be non-refundable, notwithstanding the fact that the Loan C' 4;A(PA) (o5oeV) CHL (90105) Page 9 of 17 Form 3039 1101 'K 195 5 PG 4 8-6.6 DOC ID #: is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes avatitable, is obtained, and Lender requires separately designated paymmu toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of waking the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrowers obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgpge Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify, their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or Wright be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further. (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will net affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insuranice premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lenders security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or - Wo ? j "cam ®-6A(PA) (0608) CHL (10105) Page 10 of 17 Form 3039 1101 OBAK i 955! G 867 DOC ID #: 0 repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reducer] by the amount othee Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Securriy Instrument whether or not the sums are then due, If the Property is abandoned by Borrower, or if, after notice by Leader to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender`s judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument The proceeds of any award or claim for damages that are attributable to the impairment of Lender`s interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors In Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitatiio'. nder's tance of payments from third persons, entities or Successors in Interest of dft -GA(PA) (psos) CH (10!055) Page 11 of v Form 3038 1101 Mu, 19 55 PG-4 8.6 8,. DOC ID # Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Cosigners; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property' under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent, Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower"s obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be 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 sefimd reduces principal, the reduction will be treated as a partial prepayment without any prepayment eharge (whether or not a prepayment charge Js provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15, Notices. All notices given by Borrower or Leader in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall he deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrowers notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless bender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by / -6A(PA) (050e) CHL (10105) Page 12 of 17 Form 3038 9101 I 7-55Pt?4.8-69 DOC ID #: this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract, In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words. in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and ofthis Security Instrument, 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a land for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender=s prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall, provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of (a) five days before sle of the Property- pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower. (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument; including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the fallowing forms, as selected by Lender: (a) cash; (b) money order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution wliose deposits are insured by a federal agency, 40 -6A(PA) (osoa) CHL (10)0 Page 13 of 17 Form 30.38 1101 DOC ID #: instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Mote and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loran Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing, If the Note is sold and theieafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Norte purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises fxo the other parry's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of; or any duty owed by reason of; this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions ofthis Sectiou 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances. gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos. or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (o) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). 7dr (01-WPA) (asps) CHL (10105) Page 14 of V Form 3038 1101 ?1.955PG4- 67 1 DOC ID #: 3 Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other reutediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender farther covenant and ague as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of; among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that fallure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale ofthe Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this. Security instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging ofthe fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured 6y this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rata 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. cl'-*Q3 . J VtG? ® -SA(PA) (05M aHL (Iof l Page 15 of 17 Form 3039 1101 0 K 1.955=P'•4'872 DOC TD #: BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. JOSEPH M. GROSS TANYA M.0 GROSS (Seal) (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower •6WAj (0608) CHL {10103} Page 18 of 17 Form 3035 1101 1955PG4$73, J DOC ID #: 0 COMMONWEALTH M PENNSYLVANIA, C LJ^AGA A" County ss: On this, they day of 370N& X 170 before the eJ #4 undersigned of6m, personally appeared Sm? EP rA s- known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/shetthey executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my band and official seal. My Commission Expires: Uju 14-40. a . xVd:rfi o, v? Notows" Wq&m R. f indafNolwyPabl)a NOTAlk"VALI e - SMftn'iivp Adam County Title of Officer My OM=W*n Bj;;s Wv. 24, 2IXY1' Mail PenngjkwlaAsw*tknof NobAn Certfficate of Residence the correct addrm U) A. L i o & S L it f , do hereby certify that within-named Mortgagee is P.O. Box 2426, Flint NO 48501-2026. Witness my hand this day of TV 1J1: ) ?- co 6 Ageat of MMtgagea KQ Ptl" -GA(PA) (066) CHL (10M) page 17 of 17 atq) Form 3039 4111 BK 19'n.PG,4 8-7-4 a t ADJUSTABLE RATE RIDER (LIBOR kdex , Rate Caps) After Recording-Retum To: COUNTRYWIDE HOME LOANS, INC. MS SV-79 DOCUMENT PROCESSING P.O.H©x 103423 Van Nuys, CA 91414-0423 PARCEL ID #: 13-24-0797-186 Pmpared By: JAMIE CP"FORD 3.0763 C [Escrow/Closing #1 [DOC ID #) THIS ADJUSTABLE RATE RIDER is made this TWENTIETH day of JUNE, 2006 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Deed to Secure Debt (the "Security Instrument"} of the MULTISTATE ADJUSTABLE RATE RIDER - LIBOR INDEX - Single Farr y cow * BC - ARM Rider 1U193-XX (06/04)(d) Page 1• of 5 Initiats: 1111111 11111 1 " 2 3 9 9 1 e ` 1 3 7 0 3 2 4 9 4 0 0 0 0 0 1 U 1 9 3 DOC ID #: same date given by the undersigned (the "Borrower") to secure Borrower's Note to COUNTRYWIDE HOME LOANS, INC. (the "Lender") of the same date and covering the property described in the Sec u:rity Instrument and located at: 4204 Allen Rd, Camp Hill, PA 17011-6601 [Property Address] THE NOTE CONTAINS PROVISIONS AWOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS: in addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 7.8 7 5 %. The Note provides for changes in the interest rate abd the monthly payments, as follows: 4, INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first clay of JULY, 2008 , and on that day every-sixth month thereafter. Each date on which my interest rate could change Is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The 'Index" Is the average of Interbank offered rates for six-month U.S. dollar-dominated deposits in the London market ("LIBOR'), as published In The'WO Street Journal. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable Information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding SIX & ONE-HALF percentage point(s) ( 6.500 %) to the Current Index. •BCVARM Rider initials: ma=y 1U193-XX (06104) Page 2 of 5 '9 5 U ?F'! i. Y •r 3 DOC Tb #: The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change pate. M The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date In full on the maturity date at my new interest rate in substantially equal payments. The result of this calculation will be the neW amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 9.375 %or less than 7.875 % . Thereafter, my interest rate will never be increased or decreased on any single Change Date by more then ONE & ONE-HALF percentage point(s) ( I.5 40 %) from the rate of Interest I have been paying for the preceding six months. My interest rate will never be greater than 14.875 % or less than 7.875 %. (E) Effective Date of Changes My new Interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning ort the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or trail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will Include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 18-of the Security Instrument-is amended to read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including. but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, Installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or ariy Interest in the Property is sold or transferred (or if a Borrower is not a natural person and a beneficial intent in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also phall not exercise this option If (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee, and (b) Lender reasonably determines that Lender's security will not *e 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. CONY + BC -ARM Rider 1 U9 93-XX (06/04) Page 3 of 5 Initials: l IVG J/V11 955-P64877 8 i a DOC TD #: 0 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 Instrumerrt. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender sh6H give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which -Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may Invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. COW ,?A F •BC-ARM Rider initials:? 1U193-XX (06/04) Page 4 of 5 OVIKI I' 9 55'4 8 7'$ V ? 'y a DOC ID #: )06 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. . JOSEPH NI. GROSS ar ? r 1 TANYA . GROSS - Borrower (Seal) - Borrower (Seal) - Borrower CONV • BC - ARM Rider 10193-XX (06/04) Page 5 of 5 this to be 'recorded Cbjind COun R ec r er Of beeds - Borrower Order Number: 000030763 Re'4 *8ph M. Gross 4204 ALLEN ROAD '4Tanya X. Gross CAMP HILL, PA 17011 CUMBERLAND County EXHIBIT 'A' ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of Lower Allen, County of Cumberland being known as Lot No. 62 on Plan of Lots laid out for Allen Park Development Corporation, called Cumberland Park as recorded in Plan Book 4, Page 86, Cumberland County records, situate on the northwesterly side of Allen Road (formerly Avenue R), Cumberland Park bounded and described as follows, to wit: BEGINNING at a point on the northwesterly side of Allen Road (formerly Avenue R) 40 feet wide, a distance of 194.85 feet measured South 58 degrees 30 minutes 00 seconds West from the intersection of said Allen Road (formerly Avenue R) with the westerly side of Locust Street, 60 feet wide; thence along the said side of Allen Road (formerly Avenue R), South 58 degrees 30 minutes 00 seconds West, a distance of 60 feet to the dividing line between Lots Nos. 61 and 62 on the above referenced plan; thence along said dividing line, North 31 degrees 30 minutes 00 seconds West, ,,a distance of 126.86 feet to a point; thence along Lot No. 80, North 43 degrees 06 minutes 00 seconds East, a distance of 62.23 feet to a point; thence along Lot No. 63, South 31 degrees 30 minutes 00 seconds East, a distance of 143.39 feet to the first mentioned point and place of BEGINNING. HAVING THEREON ERECTED a dwelling house being known and numbered as 4202 Allen Road, Camp Hill, Pa. UNDER AND SUBJECT, NEVERTHELESS, to all reservations, restrictions, covenants, conditions, easements, leases and rights of way appearing of record, including but not limited to those appearing at Deed Book C 36, page 812, et seq. Page: 6 of 6 UK 1.9 515 ?" "? l Order Number ? ? ?gs5 EXHIBIT' Recording Requested By: Bank of America Prepared By: Mercedes Judilla 888-603-9011 430 E. Boundary St. Chapin, SC 29036 When recorded mail to: CoreLogic 450 E. Boundary St. Attn: Release Dept Cha in, SC 29036 I, 1 DocID9 Tax ID: 13-24-0797-186 Property Address: 4204 Alien Rd Camp Hill, PA 17011 Property Location: Township of LOWER ALLEN PAO-AM 13739741 411912011 This span for RopunWs on I CI 00 MIN 4: 1000157-0006845343-6 MFRS Phone C 888-679-6377 ASSIGNMENT OF MORTGAGE For Value Received, the undersigned holder of a Mortgage (herein "Assignor") whose address is 3300 S.W. 34th Avenue, Suite 101 Ocala, FL 34474 does hereby grant, sell, assign, transfer and convey unto THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK,AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2006-14 whose address is 101 BARCLAY ST - 4W, NEW YORK,NY 10286 all beneficial interest under that certain Mortgage described below together with the note(s) and obligations therein described and the money due and to become due thereon with interest and all rights accrued or to accrue under said Mortgage. Original Lender. COUNTRYWIDE HOME LOANS, INC. Mortgagor(s): JOSEPH M GROSS, AND TANYA M GROSS, HUSBAND AND WIFE Date of Mortgage: 6/20/2006 Original Loan Amount: 5121,500.00 Recorded in Cumberland County, PA on: 6123/1006, book 1955, page 4858 and instrument number N/A This Mortgage has not been assigned unless otherwise stated below: IN WITNESS WHEREOF, the undersigned has caused this Assignment of Mortgage to be executed on y v { MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. By: Chester Levings, Assistant Secretary r-e ILARFRI ANn r.Ot INTY/ Intl 201112$55 - Page 1 of 4 State of California County of Ventura On before me, Evette Ohanian, tary Public, personally appeared Chester Levings, who proved to me on the basis of satisfactory evidence t ?ft person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that he/sh executed the same in his/herrtheir authorized capacity(ies), and that by his4witheir signature(s) on the ins the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ??4 I certify under PENALTY OF PERJYRY under the laws of the State of California that the foregoing paragraph is true and correct. / a,r?' WITNESS my rand and offici seal. t7e Notary Public: Eve hantan (Seal) My Commission E ires: 12/27/2011 I hereby certify that the address of the within named assignee is: 101 BARCLAY ST - 4W, NEW YORK NY 10286 Signature inn?nna+ o.nA-nn %Ks ('IIMRFRIAmnrrl imw lnst#2tlttt: • Page 2 of 4 ACKNOWLEDGMENT State of California County of On ?jcofa 201 k before me, ?M*t Ohoj jan. OoL-yA (insert name and title of We officer) personally appeared C-'l 6W ?y 41n!5 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/am subscribed -to the within instrument and acknowledged to me that held eAMy executed the same in hislho#Wo* authorized capacity(wer), and that by his/he#4i+ 4r signature(a) on the Instrument the person(a), or the entity upon behalf of which the person(@) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. EVEITE GHANIAN COMM. #1787925 9 Q• NOTARY PUBLIC - CAUFORWA 0 _ LOS ANGELES COUNTY i My Comm, E*ra 01e.2T, 211 Signature (seal) kve'tite, Dhant- Ac-6 i5nmx-orl 0-1 0r-t'5 borrov -{'(C') SO4 M , G-rnss ro MA44 A-W,na ALA CIIMRFRI AND COUNTY lnst# 20111 - Page 3 of 4 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201112855 Recorded On Si3/2011 At 10:41:16 AM * Total Pages - 4 * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 86275 User ID -'ES * :Mortgagor - GROSS, JOSEPH M & TANYA M * Mortgagee - CWABS INC ASSET-BACKED CERTIFICATES * Customer - CORELOGIC * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $50.50 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDERPO D EDS ?' - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 11002M N ?II?I nnmi t R•9d•nQ AU 01MRFRt AND COUNTY Intl 201112055 - Page 4 of 4 EXHIBI , F ALL TRAS CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of Lower Allen, County of Cumberland being known as Lot No. 62 on Flan of Lots laid out for Allen Park Development Corporation, called Cumberland Park as reoozded in Plan Book 4, page 06, Cumberland County recor4a, situate on the northwesterly side of Allen Road (formerly Avenue R), Cumberland Park bounded anti described as follows, to wit: BESINNING at a paint an the northwesterly *Ida of Allen Road tfaraerly Avenue Rj 40 fset wide, a distance at 194.85 feet measured South 58 degrees 30 minutes 00 seconds west from the intersection of said Allen Road G€orrarly Avenue R) Kith the weaterly side of Locust Street. 0 feet vide; thence along the said side of Allen Road (fc=orly Avenue R), youth 58 degrees 30 minutes 00 seconds West, a distance of 60 feet. to the #divictLag jinn bs%vvgp lots Hoe. 61 and 62 an tho above referenced plan; thence along said dividing line, North 31 degrees 30 minutes 00 seconds West, a distance of 126.95 feet to a point: thence ailonq Lot No. 80f North 43 degrees 06 minutes 00 seconds East, a distance of 52.23 feet to a point; thence along Lot No. 63, South 31 de;rees 3D siinutes 00 seconds East, a distance of 143.39 feet to the first mentioned point and place of SEGIVNING. HAVING THEREON ERECTED a dwelling house being known and numbered as 9202 Allen Road, Camp Hill, Pa. UNDER AND SUBJECT, NEVERTHELESS, to all reservations, restrictions, covenants, conditions, eaaementa, leases and righta of ray appearing of re=d, including but not limited to those appearing at Deed Book C 35, page 812, et seq. EXHIBIT BankefAmerica PRESORT First-Class Mail Loans Hoeg U.S. Postage and 9048 PO Box Fees Paid Temecula, , C CA 92589-9048 WSO 2241956826 Send Payments to: P_O. Box 15222 Wilmington, DE 19B86-5222 Send Correspondence to: PO Box 5170, MS SV314B 20101101-7 Simi Valley, CA 93065 nlilillilll?lr?i?liil?illl?rn??lnl"'I Il,ii??l?liilllilll?ll ,Joseph M Gross 4204 ALLEN RD CAMP HILL, PA 17011-6601 BLQPA111722 Bankof America 0 Send Payments to: Hbm Leans P.O. Box 15222 Wilmington, DE 19886-5222 P.O. Box 660694 Dallas, TX 752 66-06 9 4 November 1, 2010 Account No.: Property Address: Joseph M Gross 4204 Allen Rd d ALLEN RD 4204 17011 Camp Hill, P CAMP HILL, PA 17011-6601 Current Servicer: BAC Home Loans Servicing, LP ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE 1 1-800-342-2397 (Persons with impaired hearina can call 1-717-780-1869 This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIEN O EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTiFICACi6N OBTENGA UNA TRADU CION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NI.IMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LL MADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA E LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA- HOMEOWNER'S NAME(S): Joseph M Gross PROPERTY ADDRESS: 4204 Allen Rd Camp Hill. PA 17011 LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: BAC Home Loans Servicina. LP. a subsidiary of Bank of America, N.A. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM BAC Home Loans Servicing, LP is a subsidiary of Bank of America, N.A. Please write your account number on all checks and correspondence. We may charge you a fee for any payment returned of rejected by your tnencial institution, subject to applicable law. BLaPAl 11 03MM010 Payment instnrctiona: Account Number. 131 •7 Balance Due for charges listed above: $2,316.17 as of Novem r 1, 2()10. • check payable to BAC Joseph M Gross Make your Home Loans Servicing, LP 4204 Allen Rd Please update e-mail information on the reverse side this coupon. Den! eend Cash • Please include coupon with your Camp Hill, PA 17011 A&yeaiy payment BLQPAI Pdndpel For all full month payment periods, Addiional interest is calculated on a monthly basis. 1' 1.1 1 1 1 I I 1 L I I n I l I I I I I 1" 1' III " ?' I "' 1111 ?' I I I I I' I Escrow Accordingly, Interest for all full months, including February, is calculated as BAC Home Loans Servicing, LP 301380 of annual interest, irrespective of PO BOX 15222 eOk the actual number of days in the month. For partial months, interest is calculated Wilmington, DE 19886-5222 otel •-, c daily on the basis of a 385 day year. 1 13703249470000023116170002-516i t: 5869900 58t: 13 70 3 249411' IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for Thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with on of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR ^ WITHIN THE NEXT THIRTY BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for Thirty (30) days after the date of this meeting. The ames. addresses and telephone numbers of desi nated consumer credit ounselin a encies for the county in which the ro is I sated are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immedi tel of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within Thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHE TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINSTYOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the gency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a cision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met t e time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision n your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWIN PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTE PT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 4204 Allen Rd Camp Hill. PA 17011 IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts a e now past due: Monthly Charoes: 09/01/2010 Late Charaes: 0910112010 Other Charoes: Uncollected Late Charges: Uncollected Costs: Partial Payment Balance: TOTAL DUE: YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable) $2,207.49 $53.68 $0.00 $55.00 ($0.001 $2,316.17 HOW TO CURE THE DEFAULT -You may cure the default withinTHIRTY (30) DAYS of the date of this notice BY PAYING I HE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,316.17 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check certified check or money order made payable and sent to: BAC Home Loans Servicing, LP at P.O. Box 15222, Wilmington, DE 19886-5222. BAC Home Loans Servicing, LP is a subsidiary of Bank of America, NA. E-mail use: Providing your e-mail address belowwill allow us to send you information on your account. How we post your payments: All accepted Account Number: 137032494 payments of principal and Interest wI be applied to Joseph M Gross E-mail address: the longest outstanding installment due, unless otherwise expressly prohibited or tin d by law. If you submit an amount In addition to ur scheduled monthly amount, we will apply you payments as follows: (i) to outstanding mwrft payments of principal and irfterest, (-a) escrow deft es, (11) late charges and other amounts you ow, in connection with your loan and (iv) to reduce is outstanding principal balance of your loan. Pleas specify if you want an additional amount applied to payments, rather than principal reduction. Postdated checks: Postdated ecks will be processed on the date received less a loan counselor agrees to honor the date written on the check as a condition of a repayment p applicable) IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of tlhis debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payme of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal a ion to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time u to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges t n due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs ale as specified in writing by the lender and by performing any other requirements underthe mortgage. Curing your default in the anner set forth in this notice will restore your mortgage to the same position as if you had never defaulted EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of them rtgage property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual dat of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer yc)u wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: BAC Nome Loans Servicing, LP Address: P. O. Box 660694 Dallas, TX 75266-0694 Phone Number: 1-800-669-6654 Fax Number: 1-817-230-6811 Contact Person: MS TX2-977-01-13 Attention. Loan Counselor Email Address: To ensure secure email communications please log on to the BAC Home Loans Servicing, LP ebstte at www.bankofamerica.com and email us by navigating through the Customer Service link pro ided EFFECT OF SHERIFF'S SALE -You should realize that a Sheriffs Sale will end your ownership of the mortgaged property nd your right to occupy it. If you continue to live in the property after the Sheriff's sale, a lawsuit to remove you and your furnishings nd other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who will assume the mortga a debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that t e other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONE-V FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CU E THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER WSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Your loan is in default. Pursuant to your loan documents, BAG Home Loans Servicing, LP may, enter upon and conduct an nspectioi of your property. The purposes of such an inspection are to (1) observe the physical condition of your property, (Ii) verity that the property is occupied and/or (Iii) determine the Identity of the occupant. If you do not cure the default prior to the inspection, other actions to protect the mortgagee's interest in the property (including, but not limited to, winterization, securing the property, and valuation services) may be taken. The costs of the above-described inspections and property preservation efforts will be charged to your account as provided in your security instrument. If you are unable to cure the default on or before December 1, 2010, BAG Home Loans Servicing, LP wants you to be ware of various options that may be available to you through BAG Home Loans Servicing, LP to prevent a foreclosure sale of your roperty. For example: • Repayment Plan: It is possible that you may be eligiblefor some form of payment assistance through BAC H Servicing, LP. Our basic plan requires that BAC Home Loans Servicing, LP receive, up front, at least '/z of N e Loans amount BAC Home Loans Servicing, LP is a subsidiary of Bank of America, NA. 22 1956836 necessary to bring the account current, and that the balance of the overdue amount be paid, along with the regular monthly payment, over a defined period of time. Other repayment plans also are available. Loan Modification: Or, it is possible that the regular monthly payments can be lowered through a modification of the loan by reducing the interest rate and then adding the delinquent payments to the current loan balance. This fore' P losure alternative, however, is limited to certain loan types. i Sale of Your Property: Or, if you are willing to sell your home in order to avoid foreclosure, it is possible that the sale of your home can be approved through BAC Home Loans Servicing, LP even if your home is worth less than what i owed on it. • Deed-in-Lieu: Or, if your property is free from other liens or encumbrances, and if the default is due to a serious financial hardshipwhich is beyond your control, you may be eligible to deed your property directly to the Noteholder and a old the foreclosure sale. If you are interested in discussing any of these foreclosure alternatives with BAC Home Loans Servicing, LP, you must co tact us immediately. If you request assistance, BAC Home Loans Servicing, LP will need to evaluate whether that assistancewill bee ended to you. In the meantime, BAC Home Loans Servicing, LP will pursue all of its rights and remedies under the loan documents and as permitted by law, unless it agrees otherwise in writing. Failure to bring your loan current or to enter into a written agreement by December 1, 2010 as outlined above will result in the acceleration of your debt. Time is of the essence. If you have any questions concerning this notice, please contact Loan Counseling Center immedi 1-800-668-6654. at BAC Home Loans Servicing, LP is a subsidiary of Bank of America, NA 224 956836 Attachment: Itemization of Charges and Fees Monthly Charges: 0910112010 - 11/30/2010 @ $735.83 $2,207.49 Late Charges: 09/01/2010 - 10/31/2010 @ $26.84 $53.68 Other Charaes: Uncollected Late Charges: $0.00 TRIP CHARGE $40.00 INSPECTION-OCCUPIED $15.00 Partial Payment Balance: .00 TOTAL DUE: $2,316.17 Uhrzirz BAC Home Loans Servicing, LP is a subsiclary of Bank of America, N.A. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBERLAND COUNTY PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 886.511.2227 Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 BankofAmerica lbmelnans PO Box 9048 Temecula, CA 92589-9048 Send Payments to.- P.O. Box 15222 Wilmington, DE 19866-5222 Send Correspondence to: PO Box 5170, MS SV314B Simi Valley, CA 93065 BW PRESORT First-Class Mail U.S. Postage and Fees Paid WSO 2241956826 20101101-7 ?illlli?iltll,ii,.ILiulu„Il.il-IiI'v.lli„I,Il.llril?il11-i Tanya M Gross 4204 ALLEN RD CAMP HILL, PA 17011-6601 BLQPA111722 Bankof America Send Payments to., Hoare Loans P.O. Box 15222 Wflmfngton, DE 19886-5222 P. 0- Box 660694 Dallas, TX 75266-0694 November 1, 2010 Account No.: 1 Property Address: Tanya M Gross 4204 Allen Rd 4204 ALLEN RD Camp Hill, PA 17011 CAMP HILL, PA 17011-6601 Current Servicer: BAC Home Loans Servicing, LP ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE 1-800-342-2397. (Persons with impaired hearing can call 1-717-780-18691 This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The to I bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIEP SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACI6N OBTENGA UNA TRADI INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARG NOMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LL, "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Tanya M Gross PROPERTY ADDRESS: 4204 Allen Rd Camp Hill- PA 17011 LOAN ACCT. NO.: --" ORIGINAL LENDER: CURRENT LENDER/SERVICER: BAG Home Loans Servicina. LP, a subsidiary of Bank of America. N.A. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAKE FUTURE MORTGAGE PAYMENTS. BAC Home Loans Servicing, LP is a subsidiary of Bank of America, N.A. EN ON AL LA Please write your account number on all checks and correspondence. We may charge you a fee for any payment returned or rejected by your finandal institution, subject to applicable law. BLWAI 11722 031082010 Payment Instn=tlons: Account Number • snake your check payable to BAC Tanya M Gross Balance Due for charges listed above: $2,316.17 as of Nove r 1, 2010. Home Loans Servicing, LP 4204 Allen Rd Please update small information on the reverse side (this coupon. • Don't send cash • Please include coupon with your GanTp Hill, t'A 1 7011 AdtlaidW payment pdnpy? BLClPA1 For all full month payment periods, AdtAiorref interest is calculated on a monthly basis. 11 I 11 1 I 1 11 I I 1 I I I esaow Accordingly, interest for all full months, .. . . .. including February, is calculated as BAC Home Loans Servicing, LP 301360 of annual interest, irrespective or PO BOX 15222 the actual number of days in the month. For partial morths, interest is calculated Wilmington, DE 19886-5222 T? daily on the basis of a 385 day yew. c 1 3703249470000023'16'1 700023'1 61 7 1: 58 6 9 900 581: 13 70 3 249411' IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortg?ge for Thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with on of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT HIRTY CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies liste at the end of this notice, the lender may NOT take action against you for Thirty (30) days after the date of this meeting. The barnes. are set forth at the end of this Notice. It is only necessaryto schedule one face-to-face meeting. Advise your lender immedi tel of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Noti (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency- Your application MUST be filed or postmarked within Thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINSTYOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the %gency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a ecision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met a time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision n your application- NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWIN PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTE PT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 4204 Allen Rd Camp Hill, PA 17011 IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts past due: Monthly Charaes: 0910112010 Late Charges: 09/01/2010 Other Charges: Uncollected Late Charges: Uncollected Costs: Partial Payment Balance: TOTAL DUE: YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable) $2,207.49 $53.68 $0.00 $55.00 ($0.00 $2,316.17 HOW TO CURE THE DEFAULT - You may cure the default withinTHIRTY (30) DAYS of the date of this notice BY PAYING TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,316.17 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check. certified check or money order made payable and sent to: BAG Home Loans Servicing, LP at P.O. Box 15222, Wilmington, DE 19886-5222. BAC Home Loans Servicing, LP is a subsidiaryof Bank of America, NA. E-mall use: Providing your e-mail address below will allow us to send you information on your account. How we post your payments: Account Number: 137032494 payments of principal and Interest w Tanya M Gross E-mail address: the longest outstanding inshallmen otherwise expressly prohibited or lim you submit an amount in addition to monthly amount, we will apply you follows: O to outstanding montht principal and interest, (-e) escrow defic charges and other amounts you owl with your loan and (iv) to reduce principal balance of your loan. Pleas want an additional amount applied to fi rather than principal reduction. Postdated checks: Postdated c processed on the data received counselor agrees to honor the date check as a condition of a repayment pl now AN accepted be applied to due, unless 3d by law. If our scheduled payments as payments of ncies, (I6) late in connection e outstanding specify If you ure payments, will be a loan on the applicable} IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise lits rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage clbt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against y u, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.0 . Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other su s due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (3C) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale_ You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs ale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the anner set forth in this notice will restore your mortgage to the same position as if you had never defaulted EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of them rtgage property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: BAC Home Loans Servicing, LP Address: P. O. Box 660694 Da//as, TX 75266-0694 Phone Number: 1-800-669-6654 Fax Number: 1-817-230-6811 Contact Person: MS TX2-977-01-13 Attention: Loan Counselor Email Address: To ensure secure email communications please log on to the BAC Home Loans Servicing, LP at www.bankofamerica.com and email us by navigating through the Customer Service link pro EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property a d your right to occupy it. If you continue to live in the property after the Sheriff's sale, a lawsuit to remove you and your furnishings arid other belongings could be started by the lender at anytime. ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CU THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES 114 ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Your loan is in default. Pursuant to your loan documents, BAC Home Loans Servicing, LP may, enter upon and conduct an i pectior of your property. The purposes of such an inspection are to(!) observe the physical condition of your property, (ii) verify that tie property is occupied and/or (iii) determine the identity of the occupant. If you do not cure the default prior to the inspection, of er actions to protect the mortgagee's interest in the property (including, but not limited to, winterization, securing the property, an valuation services) may be taken. The costs of the above-described inspections and property preservation efforts will be charged to your account as provided in your security instrument. If you are unable to cure the default on or before December 1, 2010, BAC Home Loans Servicing, LP wants you to be are of various options that may be available to you through BAG Home Loans Servicing, LP to prevent a foreclosure sale of your p operty. For example: • Repayment Plan: It is possible that you maybe eligible for some form of payment assistance through BAC Hom Loans Servicing, LP. Our basic plan requires that BAC Home Loans Servicing, LP receive, up front, at least'/. of the mount US BAC Home Loans Servicing, LP is a subsidiary of Bank of America, NA. 224: necessary to bring the account current, and that the balance of the overdue amount be paid, along with the 1'egular monthly payment, over a defined period of time. Other repayment plans also are available- • Loan Modification: Or, it is possible that the regular monthly payments can be lowered through a modification of tlhe loan by reducing the interest rate and then adding the delinquent payments to the current loan balance. This fore losure alternative, however, is limited to certain loan types. • Sale of Your Property: Or, if you are willing to sell your home in order to avoid foreclosure, it is possible that the ale of your home can be approved through BAG Home Loans Servicing, LP even if your home is worth less than what i owed on it. I Deed-in-Lieu: Or, if your property is free from other liens or encumbrances, and if the default is due to a serious financial hardship which is beyond your control, you may be eligible to deed your property directly to the Noteholder and a old the foreclosure sale. If you are interested in discussing any of these foreclosure alternatives with BAC Home Loans Servicing, LP, you must co tact us immediately. if you request assistance, BAC Home Loans Servicing, LP will need to evaluate whetherthat assistancewill bee ended to you. In the meantime, BAC Home Loans Servicing, LP will pursue all of its rights and remedies under the loan documents and as permitted by law, unless it agrees otherwise in writing. Failure to bring your loan current or to enter into a written agreement by December 1, 2010 as outlined above will result in the acceleration of your debt. Time is of the essence. If you have any questions concerning this notice, please contact Loan Counseling Center immediately at 1 -800-668-6654_ BAC Home Loans Servicing, LP is a subsidiary of Bank of America, NA. 224: Attachment: Itemization of Charges and Fees Monthly Charges: 09/01/2010 - 11/30/2010 Late Charges: 09/01/2010 - 10/31/2010 Other Charaes: Uncollected Late Charges: TRIP CHARGE INSPECTION-OCCUPIED Partial Payment Balance: RUM $735.83 $2,207.49 ?a $26.84 $53.68 $0.00 $40.00 $15.00 0.00 TOTAL DUE: $2,316.17 BAC Home Loans Servicing, LP is a subsidiary of Bank of America, N.A. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY F--- CUMBERLAND COUNTY PHFA Adams County Interfaith Housing Authority Loveship, Inc. 211 North Front Street 40 E High Street 2320 North 5th Street Harrisburg, PA 17110 Gettysburg, PA 17325 Harrisburg, PA 17110 717.780.3940 717.334.1518 717.232.2207 800.342.2397 CCCS of Western PA Community Action Commission of Captial Maranatha 2000 Linglestown Road Region 43 Philadelphia Avenue Harrisburg, PA 17102 1514 Derry Street Waynesboro, PA 17268 888.511.2227 Harrisburg, PA 17104 717.762.3285 888.511.2227 717.232.9757 OF THE PROTNONOTA``, l 7012 JUL -5 AN 14.51 PENNSYLVANIA BULLETIN, VOL. 42, NO. 13, MARCH 31, 2012 CUMBERLAND COUNTY nNNSYLVANIA THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2006-14 475 Crosspoint Parkway Getzville, NY 14068, Plaintiff, Vs. FORM 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 19-k-1 1 U ? CIVIL Joseph M. Gross 4204 Allen Road Camphill, PA 17011, and Tanya M. Gross 4204 Allen Road Camphill, PA 17011, home. Defendants NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your 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 effc 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 mull contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extensic 2510 and request appointment of a legal representative at no charge to you. once you have bee 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 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 resolutio 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 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 representativ of your lender 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 your 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 Conferenc with the Court, which must be filed with the Court within sixty (60) days of the service upon y 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 forwa 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 Milstead & Asso ate LLC 220 Lake Drive E t, uite 301 Cherry Hill, NJ 080Y2 856-482-1400 856-482-9190 (f) THE COURTS 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 ci 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: Primary Reason for Default: State: Zip: Yes ? No ? Listing date: Price: $ Realtor Phone: _ Yes ? No ? State: _Zip: _ Home:_ Office: _ Cell: Other: Home: Cell: How long? State:_ Office: Other: _ How long? Date You Closed Your Loan: Included Taxes & Insurance: Is the loan in Bankruptcy? Yes ? No ? 45.19504 1666 THE COURTS I If yes, provide names, location of court, case number & attorney: j_ Assets Amount Owed: Value: Home: $ _ $ Other Real Estate: $ _ $ Retirement Funds: $ $ Investments: $ _ $ Checking: $ $ Savings: $ _ $ Other: $ $ Automobile #1: Model: Amount Owed: _ Value: Automobile #2: Model: Amount Owed: Value: Other transportation (automobiles. boats. motorcycles): Model: Year: Year: Year: Amount Owed: Value Monthly Income Name of Employees: 1. z. 11 3. Additional Income Description (not wages): 1. 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) Condo/Nei . Fees Auto Insurance Med. not covered Auto fuel/re airs Other prop. payment Install. Loan Payments Cable TV Child Support/Alim. Spending Money Day/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: 45.19504 1 2 THE COURTS 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: Lender's Contact (Name): Servicing Company (Name): Contact: Phone: Phone: 1 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. I/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 ? Past 2 bank statements ? Proof of any expected income for the last 45 days ? Copy of a current utility bill ? Letter explaining reason for delinquency and any supporting documentation (hardship letter) ? Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor PR?) ?0, E2 JUL 23 AN 8' 37 "UMBERLAK GOUW "r PENNSYL\'ANIA ?????^ of uetufzrf47? The Bank of New York Mellon vs. Joseph M. Gross (et al.) Case Numbe 2012-4166 SHERIFF'S RETURN OF SERVICE 07/12/2012 06:46 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on July 12, 2012 at 1846 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Joseph M. Gross, by making known unto Christopher Oliver, adult in charge at 4204 Allen Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at t e same time handing to him personally the said true and correct copy of the same. RONALD HOOVER, D 07/12/2012 06:47 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on July 12, 2012 at 1847 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Tanya M. Gross, by making known unto Christopher Oliver, adult in charge at 4204 Allen Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at t e same time handing to him personally the said true and correct copy of the same. RONALD HOOVER, DEP SHERIFF COST: $59.00 July 17, 2012 SO ANSWERS, 6z w? RONNY R ANDERSON, SHERIFF MILSTEAD & ASSOCIATES, LLC Bl": Patrick .l. Wesner, Esquire . j 1D No. '_03145 220 Lake Drive East, Suite 301 Cherry Hill, N.1 08002 - ~ ~ ~~~ ~ °~ ~ ° ' ~` e ,.i .. (856) 482-1='I00 ~ . _._ Attorney for Plaintiff ~ ~ i ,~ !; r..~ File i~o. 45.I~9504 _ .. THE BANK OF NEW YORK MELLON FKA THE I COURT OF COMMON PLEAS BANK OF NEW YORK, AS TRUSTEE FOR THE CUMBERLAND COUNTY CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SER[ES 2006-14 475 Crosspoint Parkway I Getz~~ille, NY 14068, ~ No.: 12-4166 Civil Plaintiff, ~~' V s. Joseph M. Gross 4204 Allen Road Camphill, F'A 17011, and Tanya M. Gross 4204 Allen Road Camphill, PA 17011, Defendants PRAECIPE FOR JUDGMENT, !N REM, FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PF:OTHONOTARY: Kindly enter Judgment, in rem, in favor of Plaintiff and against Defendants, for failure to file an Answer on Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and sale of the mortgaged premises, and assess Plaintiff s damages as follows: As set forth in Complaint $141,802.45 Interest 5/22/12 through 10/12/l2 1,820,52 Inspection Fees 60.00 Additional Escrow Advances 1,336.25 Additional Corporate Advances 2,803'5 TOTAL $147,822.47 I hereby certify that (1) the addresses of the Plaintiff and Defendants are as shown above and (2 ) that notice a~ has been given in accordance with Rule 237.1. copy r"~~'-~a Q~~~~~.~ Gib ~ ~y9S ~ ~c~ ailed ~~ M DAMAGF;S ARE HEREBY ASSESSED AS III DATE: 1 1 MILS"fEAI~ & ASSOCIATES, L,LC 13Y: Patrick J. Wiesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-] 400 Attorney for Plaintif]~ Our file number: 4.19.504 TH F. BANK OF NEW YORK MELLON ~ COURT OF COMMON PLEAS FKA TIIE BANK OF NEW YORK, AS CUMBERLAND COUNTI' TRtTSTEE FOR THE CERTIFLCATEHOLllERS OF THE ~ No.: 12-4166 Civil CWABS, INC., ASSET-BACKED CER'['IFICATES, SERIES 2006-14, Plaintiff, Vs. Joseph M. Gross and Tanya M. Gross, Defendants. TO: Joseph M. Gross Tanya M. Gross 4204 Allen Road, 4204 Allen Road, Camphill, PA 17011 Camphill, PA 17011 DATE OF NOTICE: September 19, 2012 THIS FIRM IS A DEBT COLLEC7['OR ATTEMPTING TO COLLECT A DEBT. THIS NOTTCE TS SENT TO YOU IN AN ATTEIt-1PT TO COLLECT THE INDEBTEDNESS REFERRED TO }-IEREIN. ANl i ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR 'I'HA7~ PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY. 'T'HIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED 'TO BE AN A1'TEMI'T [ O CX)LLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with. the court your defenses or objections to claims set forth against you. Unless you act. within ten (:10) days from the date of this notice, a judgment may be entered against you without. a hearing and .you may lose your property or other important rights. You should take this paper to your lawyer at once. If you do not have a lawyer, go to or telephone the office set forth below. This office can provide you with information about hiring a lawyer. If ;00020971 Page I of 2 you cannot afford to hire a lawyer, this office may be able to provide youu with information about agencies that may o1Ter legal services to eligible persons at a reduced fee or no fee. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 MILSTEAD & ASSOCIATES, LLC Y~V By•k'3. V~esner, Esquire ID No. 203145 ' Attorney for ~la~,itiff dooo2o9~~} Page 2 of 2 MILS~f1/AD ~ ASSOCIATES, LLC BY: Patricl': •I. Wesner, Esquire ID No. 2031 ~~ 220 Lake ~>rive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1.400 Attorney for Plaintiff File No. 45.19504 THE BANK OF NEW YORK MELLON FKA ~ COURT OF COMMON PLEAS THE BANK. OF NEW YORK, AS TRUSTEE ~ CUMBERLAND COUNTY FOR THE CERTH+ICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2006-14, ~ No.: 12-4166 Civil Plaintiff, Vs. _. Joseph M. Gross, ~ - and ~ ~ .. ~, Tanya M. Gross, ~ - ~ - f - ~,. , i ... Defendants VERIFICATION OF NON-MILITARY SERVICE Patrick J. Wesner, Esquire, hereby verifies that he is attorney for the Plaintiff in the above- captioned matter, and that on information and belief, he has knowledge of the following facxs, to wit: 1. that the defendants are not in the Military or Naval Service of the United States or its Allies, or otherwise v~~ithin the provisions of the Servicemembers Civil Relief Act of 2003, 50 USC App. ~ 501., 2 defendant, Joseph M. Gross, is over 18 years of age and resides at 4204 Allen Road, Camphill, PA 1701 1, 3. defendant, Tanya M. Gross, is over 18 years of age and resides at 4204 Allen Road. Camphill, PA 1701 r. ., _ _ ~\ , ,. . Patrick J. Wesner, E~quE~ire ~Depar~ment of Defense Manpower Data Center ~rl ' ,. +~i :° Jr f:... p ~C$t'LIS ~~p~rt pursuant tc~ ~~rvic~rn~~~s L`~rii Rcl~f :pct Last Name: GROSS First Name: JOSEPH Middle Name: Active Duty Status As Of: Oct-16-2012 h.esilts .as of Oe1-16-2012 01 58:33 SCRA 2.3 On Active Duty On Active Duty Sta[us Date Active Duty Start Date Ac[ive Duty End Date Status Service Component NA NA No NA This response reflects the individuals' acive duty status based on the Acfive Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Ac[ive Duty Stan Date Active Duty End Date Status Service Component __NA_ NA No T NA ?his response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Dale The Member or His/Her Unit Was Notified of a Future Ca1HJp to Alive Duty on Active Duty Status Dale Order Notification Start Date Order Not~cafwn End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the cata banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public hlealth, and Coast Guard ). This =_tatus includes information on a Servicenlember or his/her unit receiving notification of future orders to report for Active Duty. ~ r~_ ,cam,-.~.. Mary M. Snavely-Dixon.. Director Department of Defense -Manpower Data Center 4800 Mark Center Drvve, Suite 04E25 Arlington, VA 22350 Department of Defense Manpower Data Center f ~ r~,a; -. `~1~t135 Rt;'~-~rt ~u~rit ter ~~rvc~nven~lt~s C''i~rl ~~Ii~C:~~t Last Name: GROSS First Name: T,ANYA Middle Name: Active Duty Si:atus As Of: Oct-16-2012 -.isul L< ~s of :Oct-16-2012 01:58:56 SCRA 2.3 On Active Duty On Active Duty Status Date Active Duty ;Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Alive Duty Stan Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or HislHer Unit Was Notified of a Future CatWp to Active Dury on Active Duty Status Dale Order Notitcation Stan Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the indivdual or hislher unit has received early notification to report for active dory Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force. NOAA, Public Flealth, and Coast Guard 1. This status includes information on a Servicerclember or his/her unit receiving notification of future orders to report fcr Active Duty. n,~,~ ,c~.~,-,ate.. Mary M. Snavely-Dixon. Director Department of Defense -Manpower Data Center 4800 Mark Center Drive. Suite 04E25 Arlington. VA 22350 MILSI~E~D & ASSOCIATES, LLC BY. Patrick J. Werner, Esquire ID No. 203145 220 Lake Driye Fast, Suite 301 Cherry Hill. NJ 08002 (856) 482-1400 Attorney for Plaintiff File No. 4.5.19504 THF, BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2006-14 Nlaintiff, V . Joseph M. Gross Tanya M. Gross Defendants COURT OF COMMON PLF,AS CUMBERLAND COUNTY No.: 12-4166 Civil CERTIFICATE OF SERVICE I. Patrick J. Werner, Esquire, do hereby certify that the Complaint in Mortgage Foreclosure was served upon Defendants, Joseph M. Gross and Tanya M. Gross on .lulu 12, 2012 by the. Cumberland County Sheriff A copy of the Service Returns are attached hereto and made a part hereof as Exhibit "A". I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18Pa.C.S. § 4904 relating to unsworn falsification to authorities. ~~__ ~ _~~ , Patrick J. e`sner,- ui~re Attorney for Plaintiff ,'~ ', ~. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff a~~tittti, at CuutGr;"fT~ .~ € ~e CjFF{CE ~ F 7h:4 ~!-~FFIFF ~5 - ~ i ~`'~ `"I Jody S Smith Chief Deputy Richard W Stewart Solicitor The Bank of New York Mellon vs. Joseph M. Gross (e± al.) Case Number 2012-4166 SHERIFF'S RETURN OF SERVICE 07/12/2012 06:46 PM -Ronald Hoover, Deputy ~~heriff, who being duly sworn according to law, states that on July 12, 2012. at 1846 hours, he served a True copy ofi the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Joseph M. Gross, by making known unto Christopher Oliver, adult in charge at 4204 Allen Road, Camp Hill, Cumberland County. Pennsylvania 17011 its contents and at the samE; time handing to him personally the said true and correct copy of the same. ~' ~ ~~~ RONALD HOOVER. DEPU' 07/12/2012 06:47 PM -Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on July 12, 2012 at 1847 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Tanya M. Gross, by making known unto Christopher Oliver, adult in charge at 4204 Allen Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST. $59.00 July 17, 2012 ~~~ ~~ ~ ~~ RONALD HOOVER, DEPUTY SO ANSWERS, ----_ RON ~ R ANDERSON, SHERIFF ;ci ~cui ;Suite Sherrct. Teiaoroil. Ins. OFFICIO OF THE PROTHONOTARY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY "THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2006-14, COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 12-4166 Civil Plaintiff, 'V s, Joseph M. Gross, and Tanya M. Gross, Defendants To: Tanya M. Gross 4204 Allen Road Camphill, PA 17011 NOTICE PURSUANT TO RULE 236 Pursuant to Rule 236 of the Supreme Court of Pemisylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated belo~~. Prothonotary MORTGAGE FORI~CLOSURE JUDGMENT BY DEFAULT iF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: PATRICK J. WESNER, ESQ. #203145 MILSTEAD & ASSOCIATES, LLC 856-482-1.400 Notice Pursuant To Fair Debt Collection Practices Act This is an attempt to collect a debt a:nd any information obtained will be used for that purpose. Prothono of C mberl• County .~ 1~ a ~ (a -- -~-__ _ __ _ ~~ OFFIC:L OF THE PROTHONO'I~ARY COLJRT OF COMMON PLEAS OF CUMBERLAND COUNTY THE BANK OF NEW YORK MELLON FK.A THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEIIOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2006-14, Plaintiff, 'V s, COURT OF COMMON PLEAS CUMBERLAND COUNTY" i No.: 12-4166 Civil Joseph PVI. Gross, and Tang a M. Gross, I Defendants To: Joseph M. Gross 4204 Allen Road Camphill, PA 17011 NOTICE PURSUANT TO RULE 236 Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a .lodgment has been entered against you in the above proceeding as indicated belo~ti~. Prothonotary MORTGAGE FORI~CLOSURE JUDGMENT BY DEFAULT IF YOU HAVE ANY QUESTIC-NS CONCERNING THIS NOTICE, PLEASE C'AI_:L: PATRICK J. WESNER, ESQ. #203145 MILSTEAD & ASSOCIATES, LLC 856-482-1400 Notice Pursuant To Fair Debt Collection Practices Act This is an attempt to collect a debt and any information. obtained will be used for that purpose. Prothonotary of Cumberland County Il~a~ia ~ ~ - -- - WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-4166 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2006-14 Plaintiff (s) From JOSEPH M. GROSS, TANYA M. GROSS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $147,822.47 L.L.: $.50 Interest FROM 10/13/12 TO DATE OF SALE AT 512.69 PER DIEM (6%) Atty's Comm: % Due Prothy: $2.25 Atty Paid: $210.25 (lthPr ~nctc• Plaintiff Paid: Date: 11/13/12 (Seal) REQUESTING FARTY: Name: PATRICK J. WESNER, ESQUIRE Address: MILSTEAD & ASSOCIATES, LLC 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF Telephone: 856-482-1400 Supreme Court ID No. 203145 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2006-14 Plaintiff, CIVIL ACTION NO.: 12-4166 Civil PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) vs. Joseph M. Gross Tanya M. Gross Defendants. TO THE PROTHONOTARY OF CUMBERLAND COUNTY: ~ .~..~ `~..~'~` __ _ i'w7 1. Directed to the Sheriff of Cumberland County; ;~ ~~ :°' 2. Against the Defendant(s) in the above-captioned matter; ~.~.. ~ ~' _ ~' `~'t ='. 3. and index this writ against the Defendant(s) as follows: ._~ -~ ~ ~-~~, ~=-' ~`` r ~,. J Joseph M. Gross `~, c~ ' Tanya M. Gross '~" Real Property involved: 4204 Allen Road Camphill, PA 17011 Amount Due Interest from 10/13/12 to date of sale at $12.69. per diem (6%) TOTAL (Costs to be added) DATE: October 25, 20122 ~ mag, so-~ a~ ~'` 5°~ . ~ CAF ... ~~,, ~ ~ So ~~ ~, ~~ ~- i©.2~~°i~ `~ $147,822.47 Respectively submitted, Milstead & Associates, Attorney for Plai ti 220 Lake Drive t, Suite 301 Cherry Hill, NJ 08002 S~~ ~~. a ,~, So w ~, ~ ~ 7y ~ b .~-, '~ ~ ~~~ All that certain tract or Parcel of land and premises, situate, lying and being in the Township of Lower Allen in the County of Cumberland being known as Lot No. 62 on Plan of Lots laid out for Allen Park Development Corporation, called Cumberland Park as recorded in Plan Book 4, Page 86, Cumberland County records, situate on the northwesterly side of Allen Road (formerly Avenue R), Cumberland Park bounded and described as follows, to wit: Beginning at a point on the northwesterly side of Allen Road (formerly Avenue R) 40 feet wide, at a distance of 194.85 feet measured South 58 degrees 30 minutes 00 seconds West from the intersection of said Allen Road (formerly Avenue R) with the westerly side of Locust Street, 60 feet wide; thence along the said side of Allen Road (formerly Avenue R), South 58 degrees 30 minutes.00 seconds West, a distance of 60 feet to the dividing line between Lots Nos. 61 and 62 on the above referenced plan; thence along said dividing line, North 31 degrees 30 minutes 00 seconds West, a distance of 126.86 feet to a point; thence along Lot No. 80, North 43 degrees 06 minutes 00 seconds East, a distance of 62.23 feet to a point; thence along Lot No. 63, South 31 degrees 30 minutes 00 seconds East, a distance of 143.39 feet to the first mentioned point and place of beginning. Having thereon erected a dwelling house being known and numbered as 4202 Allen Road, Camp Hill, PA Being the same premises which Edward A. Palek, Jr. and Angela M. Palek by their Deed dated September 23, 1995, recorder October 30, 1995 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 130, Page 325, granted and conveyed unto Douglas M. DiMartile and Linda H. Lettich, now known as Linda H. DiMartile by virtue of her marriage to Douglas M. DiMartile, the Grantors herein. Under and subject, nevertheless, to all reservations, restrictions, covenants, conditions, easements, leases and rights of way appearing of record, including but.not limited to those appearing at Deed Book C36, Page 812, et seq. Title to said premises vested in Joseph M. Gross and Tanya M. Gross, husband and wife by Deed from Douglas M. DiMartile and Linda H. DiMartile, formerly known as Linda H. Lettich, husband and wife dated 04/30/04 and recorded 05/03/04 in the Cumberland County Recorder of Being known as 4204 Allen Road, Camphill, PA 17011 Tax Parcel Number: 13-24-0797-186 i MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Werner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856)482-1400 Attorney for Plaintiff File Number: 45.19504 THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2006-14 Plaintiff, vs. Joseph M. Gross Tanya M. Gross Defendants. ~ k r .. ~ Inc ~-~' 3aT.;;~ ~' ' t' ~E~r~ z~ f 3 ~Si"~ ~~~ ''.~~._ r COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 12-4166 Civil AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 The Bank of New York Mellon FKA The Bank of New York, as trustee for the certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2006-14, Plaintiff in the above entitled cause of action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 4204 Allen Road, Camphill, PA 17011: 1. Name and address of Owners(s) or Reputed Owner(s): Joseph M. Gross 4204 Allen Road Camphill, PA 17011 Tanya M. Gross 4204 Allen Road Camphill, PA 17011 2. Name and address of Defendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: The Bank of New York Mellon FKA The Bank of New York, as trustee for the certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2006-14 (Plaintiff herein) 475 Crosspoint Parkway Getzville, NY 14068 Lower Allen Township Authority 120 Limekiln Road New Cumberland, PA 17070 4. Name and Address of the last recorded holder of every mortgage of record: The Bank of New York Mellon FKA The Bank of New York, as trustee for the certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2006-14 (Plaintiff herein) 475 Crosspoint Parkway Getzville, NY 14068 5. Name and address of every other person who has any record lien on the property: None Known 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 4204 Allen Road Camphill, PA 17011 Commonwealth of Pennsylvania Department of Welfaze P.O. Box 2675 Harrisburg, PA 17105 Department of Domestic Relations Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 Lower Allen Township Tax Office 2233 Gettysburg Road Camphill, PA 17011 Cumberland County Tax Bureau 21 Waterford Drive, Suite 201 Mechanicsburg, PA 17050 West Shore School District 507 Fishing Creek Road, P.O. Box 803 New Cumberland, PA 17070 I verify that the statements made in the Affidavit are true and correct to the best of my ersona knowledge or information and belief. I understand that false statements herein are made su 'ect to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Attorney for Date: October 25, 2012 NOTICE OF SHERIFF' S SALE OF REAL PROPERTY TO: ALL PARTIES IN INTEREST AND CLAIMANTS OWNER(S) Joseph M. Gross Tanya M. Gross PLAINTIFF/SELLER: The Bank of New York Mellon FKA The Bank of New York, as trustee for the certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2006-14 ,._~ `- _._, ~... ....~ DEFENDANT(S): Joseph M. Gross ,~ t ~3 ~;,, Tanya M. Gross ;:~`~ ' `~ ~-' :~~"". r J , .t ~_ ~ ~°~? PROPERTY: 4204 Allen Road ~ ~ <~;:;`~:~> Camphill, PA 17011 -`~~,.~' :~'. T-~ ~„,:. (Improvements erected thereon) ~"~ ~' ~~ ~ JUDGMENT AMOUNT: $147,822.47 CUMBERLAND COUNTY No.: 12-4166 Civil The above captioned property is scheduled to be sold at Sheriffls Sale on March 6, 2013 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013. You may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interest. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after the sale. Distribution will be made in accordance with the schedule unless exceptions are filed hereto within 10 days after the filing of the schedule. Sincerely, , Patnck~s r, squire MILSTEAD & AS OCIATES, LLC Woodland Fall C rporate Park 220 Lake Drive t, Suite 301 Cherry Hill, NJ 08002 MILSTEAD & ASSOCIATES, LLC ' ' ',',,•; ~ - BY: Patrick J. Wesner, Esquire ~ ' ' " "" ~~ ~~ ~'~' ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff File Number: 45.19504 ~ C 0 t~~~ r'~' ~'t~~°~SYI_~'.~P~IA THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2006-14 Plaintiff, vs. Joseph M. Gross Tanya M. Gross Defendants. TAKE NOTICE: COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 12-4166 Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PA.R.C.P.3129 Your house (real estate) at 4204 Allen Road, Camphill, PA 17011, is scheduled to be sold at sheriff's sale on March 6, 2013 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $147,822.47 obtained by The Bank of New York Mellon FKA The Bank of New York, as trustee for the certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2006-14. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To Prevent this Sheriff's Sale you must take immediate action: 1. The Sale will be cancelled if you pay to Milstead & Associates LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 2. You may be able to stop the Sale by filing a petition asking the court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the Sale for good cause. 3. You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the Sale. (See notice on following page on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Milstead & Associates at 856-482-1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the Sale. To find out if this has happened, you may call Milstead and Associates at 856-482-1400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff not later than thirty days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE, THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166