HomeMy WebLinkAbout12-4455STEVEN K. EISENBERG, ESQUIRE (75736)
KEVIN P. DISKIN, ESQUIRE (86727)
JOSEPH K. REJENT, ESQUIRE (59621)
STERN & EISENBERG, PC
TLIE PAVILION
261 OLD YORK ROAD, SUITE 410
JENKINTOWN, PENNSYLVANIA 19046
TELEPHONE: (215) 572-8111
FACSIMILE: (215) 572-5025
(COUNSEL FOR PLAINTIFF)
ZOl2,/(J? 1 '
ONOTAn"PENNSrL r0(1NrY
IA
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
FOR CUMBERLAND COUNTY
HSBC Bank USA, N.A., as Trustee on behalf of
ACE Securities Corp. Home Equity Loan Trust
and for the registered holders of ACE Securities
Corp. Home Equity Loan Trust, Series 2005-SD2,
Asset Backed Pass- Through Certificates, by its
Attorney-in-fact Ocwen loan Servicing LLC
1661 Worthington Road, Suite 100
West Palm Beach, FL 33409
V.
Maria C. Shaffer
I 1 HILLCREST DR
MECHANICSBURG, PA 17055-5526
Defendant(s)
Civil Action Number:
1a-44s-5 6-VI'l
COMPLAINT IN
MORTGAGE FORECLOSURE
CIVIL ACTION - MORTGAGE FORECLOSURE
This is an attempt to collect a debt and any information obtained will be used for that purpose.
NOTICE
You have been sued in Court. If you wish to defend the claims set forth in the following pages, you must
take action within twenty (20) days after this Civil Action and notice are served, by entering a written
appearance personally or by attorney and filing in writing with the Court your defense or objections to the
claims set forth against you.
You are warned that if you fail to do so the case may proceed without you and a judgment may be entered
against you by the Court without further notice for any money claimed in the Civil Action or for any other
claim or relief requested by the plaintiff. You may lose money or property of other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN ' GET LEGAL HELP. THIS OFFICE CAN PROVIDE
YOU WITH INFORMATION ABOUT HIRING A LAWYER. ??5lG.3.75?(? Oi
or 3s?? ?.rss?
Q a7 9) ?/
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
800-990-9108
717-249-3166
STEVEN K. EISENBERG, ESQUIRE (75736)
KEVIN P. DISKIN, ESQUIRE (86727)
JOSEPII K. REJEN"I', ESQUIRE (59621)
STERN & EISENBERG, PC
THE PAVILION
26101-1) YORK ROAD, SUITE 410
JENKINTOWN, PENNSYLVANIA 19046
TELEPHONE: (215) 572.-8111
FACSIMILE: (215) 572-5025
(COUNSEL FOR PLAINTIFF)
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
FOR CUMBERLAND COUNTY
HSBC Bank USA. N.A., as Trustee on behalf of
ACE Securities Corp. Home Equity Loan Trust
and for the registered holders of ACE Securities
Corp. Home Equity Loan Trust, Series 2005-SD2,
Asset Backed Pass- Through Certificates, by its
Attorney-in-fact Ocwen loan Servicing LLC
1661 Worthington Road, Suite 100
West Palm Beach, FL 33409
V.
Maria C. Shaffer
11 HILLCREST DR
MECHANICSBURG, PA 17055-5526
Defendant(s)
Civil Action Number:
COMPLAINT IN
MORTGAGE FORECLOSURE
CIVIL ACTION - MORTGAGE FORECLOSURE
This is an attempt to collect a debt and any information obtained will be used for that purpose.
NOTICE
NOTICE
You have been sued in court. If you wish to
defend against the claims set forth in the
following pages, you must take action within
twenty (20) days after this complaint and notice
are served, by entering a written appearance
personally or by attorney and filing in writing
with the court your defenses or objections to the
claims set forth against you. You are warned that
if you fail to do so the case may proceed without
you and a judgment may be entered against you
by the court without further notice for any money
claimed in the complaint or for anv other claim or
AVISO
Le han demandado a usted en la corte. Si
usted quiere defenderse de estas demandas
expuestas en las paginas siguientes, usted
tiene veinte (20) dias de plazo al partir de la
fecha de la demanda y la notificacion. Hace
falta asentar una comparencia escrita o en
persona o con un abogado y entregar a la
corte en forma escrita sus defensas o sus
objeciones a las demandas en contra de su
persona. Sea avisado que si usted no se
defiende, la corte tomara medidas y puede
continuer la demanda en contra Suva sin
relief requested by the plaintiff. You may lose
money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO A
LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER, OR CANNOT AFFORD ONE, GO
TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A
LAWYER, THIS OFFICE HAY BE ABLE TO
PROVIDE YOU WITH INFORMATION
ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS
AT A REDUCED FEE OR NO FEE.
previo aviso o notification. Ademas, la
torte puede decidir a favor del demandante y
requiere que usted cumpla con todas las
provisioner de esta demanda. Usted puede
perder dinero o sus propiedades u otros
derechos importantes para usted.
Lleva esta demanda a un abogado
inmediatamente. Si no tiene abogado o si
no tiene el dinero suficiente de pagar tal
servicio, vaya en persona o llame por
telefono a la oficina cuya direction se
encuentra escrita abajo para averiguar
donde se puede conseguir asistencia legal.
Lawyer Referral and Information Service
(Asociacion de Licenciados
Servicio de Referencia e Information Legal)
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
800-990-9108
717-249-3166
NOTICE PURSUANT TO THE
FAIR DEBT COLLECTION PRACTICES ACT
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE
IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE.
You may dispute the validity of the debt or any portion thereof. If you do so in writing within
thirty (30) days of receipt of this letter, this firm will obtain and provide you with written
verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within
thirty (30) days of receipt of this letter, this firm will send you the name and address of the original
creditor if different from above.
IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,
THE ENCLOSED LETTER/NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD
NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE RECEIVED A
DISCHARGE IN BANKRUPTCY (AFTER ENTERING INTO THE RELEVANT MORTGAGE NOTE
AND MORTGAGE AND HAVE NOT REAFFIRMED THE DEBT) THEN THIS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO
COLLECT A DEBT, BUT SOLELY AS PART OF THE ENFORCEMENT OF THE
MORTGAGE/LIEN AGAINST REAL PROPERTY.
STEVEN K. EISENBERG, ESQUIRE (75736)
KEVIN P. DISKIN, ESQUIRE (86727)
JOSEPH K. REJENT, ESQUIRE (59621)
STERN & EISENBERG, PC
THE PAVILION
261 OLD YORK ROAD, SUITE 410
JENKINTOWN, PENNSYLVANIA 19046
TELEPHONE: (215) 572-8111
FACSIMILE: (215) 572-5025
(COUNSEL FOR PLAINTIFF)
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
FOR CUMBERLAND COUNTY
HSBC Bank USA, N.A., as Trustee on behalf of
ACE Securities Corp. Home Equity Loan Trust
and for the registered holders of ACE Securities
Corp. Home Equity Loan Trust, Series 2005-SD2,
Asset Backed Pass- Through Certificates, by its
Attorney-in-fact Ocwen loan Servicing LLC
1661 Worthington Road, Suite 100
West Palm Beach, FL 33409
V.
Maria C. Shaffer
11 HILLCREST DR
MECHANICSBURG, PA 17055-5526
Defendant(s)
Civil Action Number:
COMPLAINT IN
MORTGAGE FORECLOSURE
COMPLAINT
CIVIL ACTION - MORTGAGE FORECLOSURE
Plaintiff is HSBC Bank USA, N.A., as Trustee on behalf of ACE Securities Corp. Home
Equity Loan Trust and for the registered holders of ACE Securities Corp. Home Equity Loan
Trust, Series 2005-SD2, Asset Backed Pass- Through Certificates, by its Attorney-in-fact
Ocwen loan Servicing LLC (hereinafter referred to as "HSBC Bank USA, N.A.by its
Attorney-in-fact Ocwen loan Servicing LLC")with offices located at 1661 Worthington
Road, Suite 100, West Palm Beach, FL 33409.
2. Defendant(s) are Maria C. Shaffer, adult individuals with a last-known address of 11
HILLCREST DR, MECHANICSBURG, PA 17055-5526.
Under date of 03/19/2004, Daryl A. Shaffer and Maria C. Shaffer executed and delivered to
MERS, Inc. as nominee for Home Funds Direct a mortgage upon the property 11 Hillcrest
Drive , Bowmansdale, PA (the "Property")to secure the payment of the sum of $220,000.00 .
Ir/
The said mortgage is recorded in the Office for the Recording of Deeds in and for
Cumberland County on 04/01/2004 at Bk#1859, Pg#1203 and is incorporated herein by
reference as though set forth at length herein. A copy of the mortgage and legal description
of the Property is attached hereto and made a part hereof as Exhibit "A".
4. An assignment transferring the mortgage originally with MERS, Inc. as nominee for Home
Funds Direct (Originating Lender) to HSBC Bank USA, N.A., as Trustee on behalf of ACE
Securities Corp. Home Equity Loan Trust and for the registered holders of ACE Securities
Corp. Home Equity Loan Trust, Series 2005-SD2, Asset Backed Pass- Through Certificates,
was prepared and is in the process of being recorded in the Office of the Recorder of Deeds
of Cumberland County, Pennsylvania.
5. Daryl A. Shaffer departed this life of December 9, 2010.
6. Said Defendant(s) are the real owners of Property 11 Hillcrest Drive, Bowmansdale, PA
17008.
7. In accordance with Pennsylvania law, the required pre-foreclosure notice (under Act 91/Act
6 as may be applicable), was sent to the defendants and no response was made in the
appropriate period of time. A true and correct copy of the aforesaid notice is attached hereto
and made a part hereof as Exhibit "B".
8. The said loan is in default as a result of the failure to pay the monthly installments of
$1,882.70 due on October 1, 2011 and on the same day of each month thereafter.
9. The following is due on the loan:
PRINCIPAL BALANCE ...................................................... $190,668.00
INTEREST accrued thru 06/07/2012 of .............................. $10,679.30
Interest after 06/07/2012 shall accrue at the per diem
rate of $38.41.)
LATE CHARGES accrued thru 06/07/2012 of .................... $779.67
Late charges after 06/07/2012 shall accrue at the monthly
rate of $86.63.)
ESCROW BALANCE .......................................................... $888.80
FEES BILLED ...................................................................... $464.00
AT'TORNEY'S FEE ............................................................. $7,000.00
TOTAL .................................................................................. $210,479.77
Attorney fees are allowed in conformity with the mortgage documents and Pennsylvania law,
and may be requested as part of any judgment requested and collected in the event of a third party
purchaser at Sheriffs Sale. If the mortgage is reinstated prior to Sale, reasonable attorney fees will be
charged based on work actually performed.
WHEREFORE, Plaintiff, HSBC Bank USA, N.A.by its Attorney-in-fact Ocwen loan
Servicing LLC requests this Court to enter judgment for foreclosure of the mortgaged property for the
sum of $190,668.00 plus interest thereon of $10,679.30 plus $38.41 per day from 06/07/2012 until
judgment is paid in full, late charges of $779.67, plus late charges of $86.63 per month from 06/07/2012
until judgment is paid in full,fees billed of $464.00,attorney's fees of $7,000.00and all other amounts set
forth above, less any suspense as set forth above, together with record costs and any other amounts that
accrue over the course of the instant matter and to which Plaintiff is entitled to recover.
STERN & EISENBERG, PC
BY:
11 S V N K. EISE BERG, ESQUIRE
? KEVIN P. DISKIN, ESQUIRE
J1 JOSEPH K. REJENT, ESQUIRE
? LEN M. GARZA, ESQUIRE
Attorney for Plaintiff
Date: June 7, 2012
VERIFICATION
I, the undersigned, an authorized representative on behalf of, HSBC Bank USA, N.A., as Trustee on behalf of ACE
Securities Corp. Home Equity Loan Trust and for the registered holders of ACE Securities Corp. Home
Equity Loan Trust, Series 2005-SD2, Asset Backed Pass- Through Certificates, by its Attorney-in-fact
Ocwen loan Servicing LLC ("Plaintiff'), am authorized to make this verification on behalf of Plaintiff and hereby certify
that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief.
Except where otherwise stated and/or based upon public record, this verification is based upon a review of business records
regularly created, kept and maintained in the course of Plaintiff's mortgage servicing business conducted on Plaintiff's behalf.
In making this verification, I understand that it is a crime under 18 PA C.S. Section 4904 to make a written statement
to a public servant, or to invite a public servant's reliance upon a written statement or instrument, which I do not believe to be
true or which I know to be false.
Date: 164A
Name: Nancy Eller
Title: 4n Mana",E_
HSBC Bank USA, N.A., as Trustee on behalf of ACE Securities
Corp. Home Equity Loan Trust and for the registered holders of
ACE Securities Corp. Home Equity Loan Trust, Series 2005-
S132, Asset Backed Pass- Through Certificates, by its Attorney-
in-fact Ocwen loan Servicing LLC
}
P.71EGLER
?'*^s OF DEEDS
Preparedl3y: .. . fSeWvQ
ame Funds Direct Ateredited $omo Lenders, Inc.,
300 H. Sontorra Blvd Suits 300 A California Corporation
San Antonia, TX 78216 15430 AveAuo of Science, Suite 100
Nam tt San Diego, CA 42128
Parcel Number:
42-30-2114-014
fSpoca Adare ThY Line For Rmrd n Wal
MORTGAGE
&fW??.,p0 61o? 03,Q 5?37043
AT[ert8C0i1131g, i19tUT1110.
W"W" HWW T* W
1300 Pit od DOW. Sts 005
-%cw e, Maryland 20860
W) 79&2000 (801) 795-8884
o77Pfttn
DFFi[4ITIONS c`l(
Words used in multiple sections of this daeume3t are defined below and otter words are defined in
Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are
also provided in Section 16-
(A) S"urity Instrument" means this decumept, which iS datedt4arotx 19, 2004
together with all Riders to this doa,ment
(B) "Borrower" N DARYL A. SHAFFER AM MARIA C. SUPPER
Borrower is the mortgagor Under this Security Instrument,
(C) "HERS" is Mortgage Electronic Registration Systems, Inc. MEM is a sgmmte corporation that is
acting solely as a nominee for Lender and Lendel"s successors and assigns. MFRS is the morttatts
under thin Security instrument. MFRS is organized and existing under the laws of Delaware, and has an
address and telephone number of P.Q. Box 2026, Flint Ml 48501-2026, tel. (988) 639-1ulERS.
0403053704
PENNSYLVANIA -Single Family - Faeeia 6fa4VFCaddlo Mao UNIMPM INSTRUMWT WIT" NIERS Forte 3038 1101
-BA (PA) loxo2l
P+9* S cr t6 INIW .
v+ar M00.ra1ge FonNg - Mop 1 .r21 i?
O K I 859;f 1203
(D)"Lander"is Home Funds Direct
Lender is a Corporation
organized and existing under the laws of the State of California
Lender's address is 300 S. Sonterra Slvd Suite 340
San Antonio, Tx 78216
(E) 'Thole" meatus the promissory note signed by Borrower and dated March 19, 2004
The Note states that Borrower owes Lades two hundred twenty thousand and 00/100
Dollars
(U.S. 3220, 000.00 ) plum interest. Borrower has promised to pay tWs debt in regular Periodic
Payments and to pay the debt in full not later Near April 1, 2034
(r) 'Teeperty" menu dm property that is dewnbed below under the heeding "Transfer of Rights in the
Property."..
(G) 'Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Note, and all stuns due ender this Security iustr matt, plus interest
(H) "R.Iders" rneans all Riders to this Security instrument that are executal by Borrower, The following
Riders are to be executed by Borrower [check box as applicable]-
C7a Adjustable Rate Rider Condominium Rider QSecond Home Rider
? Balloon Rider H Planned Unit Development Rider O 14 Fandly Rider
? VA Rider ? Biweekly Payment Rider (] ()the,(.) (specify]
Arbitration Rider
(1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non appeelsble judicial opinioss.
(J) Vommoulty Asmclottan Dues, Fees, and Assessments" means all dues, fed, assessments and other
charges that are imposed on Borrowa or the Property by a condominium association, homeowners
association or similar organization.
(K) 'Vectroule Funds Transfer" means any transfer of funds, other than a transaction originated by
check, drag or similar papa instrument, which is initiated through an electronic terminal, telephonic
instrument, compute, or magnetic tape so as to order, instruct, or anthtxiae a financial institution to debit
or credit an account Such terra includes, but is not limited to, point-of-sate transfers, amounted teller
machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse
transfers.
(L) "Escrow Items" means those items that are described in Section 3.
(W "Miscellaneous Proceeds" mcans any compensation, settlement, award of damages, or proceeds paid
by any third party (outer than insurance proceeds paid under the coverages described in Section 5) far. (i)
damage tq or destruction of, the Property; (ii) condemnation or other taking of all or any pan of the
Property (iii) conveyance in lieu of cadcoutadon; or (iv) misrepresentations of, or omissions as to, the
value andfor condition of the Property.
(N) 'Marrgage Insu mce" means insurance protecting Lender against the nonpayment of, or default on,
the (O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the -
Note, plus (ii) any amourms under Section 3 of this Security lastrument.
0403053'704
?QA(PA) tazatn Par"zotna ._ni Fgr,p 3034 tf01
BK 1859FG i 204
1') 'SPA" means the Red Estate Settlement Procedures Act (12 U.S. C. Section 2601 et seq.) and its
implerneshting regulation, Regulation X (24 C.F.R. Part 3500), as they might be attended from time to
time; or airy additional or successor legislation or regnlation that governs the sanw suttjeet touter. As used
in this S= ity Instrument. "ItMe refers to all regLdraocats and restrictions that arc imposed in regard
to a "federally related mortgage loan" even if die Loan does not qualify as a "federally related mortgage
we under RESPA.
(Q 'Succauor In interest of Borrower" mesas any petty that has taken title to the Property, whetha or
not that }arty has assured Borrower's obligations under the Note and/or this Sectn ity honrment
TRANSFER OF RIGHTS IN THE PROPERTY
This Semi ty'Ihwwnent secarrs to Lender: (i) the repayment of the Loan, and 411 rextowals, extensions and
modifications of the Note; and (ft) the perfornmee of Borrower's covenants and agreements under this
Security instnvramt and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to
HERS (solely 3t: nominee for Leader and Lenders succe=rs and assigns) and to the aucce rs and
assigns of MERSy the following described property located in the county (Type oFRecmdiatJari:ei eisa(
Of CUMIRLAIM (Name o rftesotdiaR furirdKtioni:
See Legal Descripti,on Addendum Page Attached
which currently has the addmss of 11 AILLCRSST DRIVE
fsh-'1
sOtrttx2lSA1tLS (city), Pennsylvania 17008 IZiPCodal
("Property Address"):
TOGETHER Wtfi'l3 all the innprovemcnts now or hereafter crectod on the property, and all
easements, appuAcr ances, and fixtures now or hereafter a part of the property. All replt cancnts and
addedens shall also be covered by this Security hm moment. All of tee foregoing is reared to in this
Security Instntment as the "Property." Borrower understands and agroty that MERE holds only legal title
to the interests granted by Borrower in this Security himtmtent, but. if necessary to comply wilt taw or
custmn, MLRS (as nominee for Lender and Leader's successors and assigns) has the right: to excrcise any
or all of those intaests, including, but not titnited to, the right to foreclose and sell the Property; and to
take city anion required of.I.urder including, but not limited to, releasing and eanceling this Security
Instnunent.
0403053704
wi
f SA(FA) P2021 Pge1N M Form 3032 trot
Bi{ l 859F'G 12 05
BORROWER CUYEHANTS that Ilorromw is lawfiilfy sesedaC_tTi_ e-: wale.her* conveyed and haz
the right to mortgage, grant and wnvey the Property aid got Elie Property is ttnmc untbered, except for
encumbrances of record Borrower warrants and will defend generally the title to the Property against all
claims and davands, subject to any tnctmbtances of record.
THIS SECURrff INSTRUMENT amines uniform covensaw ,for nationt use and non-uniform
covenants with limited variations. by. jurisdiction to' constitute. a uoiforifi seetaity instrument covering real
property.
UNIFORM COVENANTS, Borrower and Lender oovenant and agree as follows:
1. Paymerd of Prindpat . Iat.,em$ , Fsemw Items, Prepayment Charges, and Late Charges.
Borrower shall pay' wheat 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 (tents
pursuant to Section 3_ Payments due under the Note and this Sanity Iastnanaet shall be mode in U.SS
currency. However, ifmty cheek or other insuu neut roceivcd by Lender as payn=t UrAff-the Note or this
Security Instrument is returned to Lender unpaid. Lander rosy require that any or all subsequeot payments
due under the Note and this Security Instrument be made in one or more of the following fortes, as
selected by Lender: (a) cash; (b) numoy order; (c) certified check, bark check, trcasrrer's check err
casivet's check,, provided any such. check is drawn upon an institution whose deposits are insured by a
falerai agecwy, instnuttt: Witt' or mrtity; or (d). Electronic Funds Dansfer.
payments are deemed received by Lender when received at the location designated in the Note or at
such other [option as maybe designated by Lender in accordance with the notice provisions in Section t5.
Lender may return any payment or partial payment if the payment or partial payments are insufficient to
bring the Loan current Lender may accept ay paymrnt or partial payment inrufficicat to bring the Loan
current _uyit Out .waiver of any rights hereunder_a pre- _!o its.fight4 •.t4.rc14se.such uaym nt err. partial
payments in the futtao, but Lender is not obligated to apply such payments at the time such payments are
accepted. If each Periodio Payment is applied as of its scheduled due date, then Leader need not pay
interest on unapplial funds. Lender may hold such unapptied ftmds until Borrower makes payment to bring
the Loan current. If Borrower does not do so within a reasonable period of tulle, Lender shall either apply
such fiords or return them to Borrower. If not applied earlier, such founds will be applied to the outstanding
principal balance under the Note braiediately prior to foreclosure. No offset or claim which Borrower
right have now or in the. ftNt o against.Lamder shall relieve Borrower from making payments due under
the Note-and Ws Se?uritylnaaun[eatf3tjivforininglh'e cb ehimti etid'agneemmts secured by this Security
lnsfriatnerut. _
L Appllcatlon of Paytatau Or Prveeeda. Except as otherwise desuaibed 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
shalt 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 ender this Security htstru rent, and
then to reduce the principal balance of tho Note... ... .
if Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any later rJuarge duo, the payment may be applied to the "delspueot payment and
the late eharge. If more than one Periodic Payment is outstanding. Lender may apply any payment feceii ed
from Borrower-to the repayment of-the Periodic Payments if. 'and to _the extent that, each payment
0403053704
?.+n
®; SA(PA) 4.202) N.4 d to Form 7079 1101
BK 1859PU It Z06
can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of
one or Hare Periodic Payments, such excess maybe applied to ally' late- charges due. Voluntary
prepayments shall be applied fihst to any prepayment charges and then as described in the Note. .
Any applicetioo of payments, insnancc proceeds, or Miscallmnwia Proceeds to principal due under . .
the Note shall not extend or postpone the due date, or clu nge.the arnoun4: of the Pe
3. Funds for Escrow Items. Borrower shall pay to Lender an.the day.Pgriodic Paymeat3.are.duc.
under the Now, until the IVdte , is paid in full; a sum (the Tune") to provide for psyrndtt of amoeaits due -- - -
c .. .. _ . _ w<._ _ .. ___ _..- --
for! (a) taxes and assrsanatts and°otfier iiiina which ent attest piiricify over tins"5ocatnnly imtruntatt as a
lien or encumbrance on die property; (b) leasehold payments or ground rents on the Property, if any; (c)
prenriurns for any and all insurance required by Lender under Section 5; arid (d) Mortgage insurance
premiums, if any, or any sums payable by Borrower to Lender in -lieu of the payment of Mortgage .
fnsuranec pre Wtmn in eweesde with the prevhinna of Se tion 10. 71We items are caHed "Fserow
Itexhu." At origination or at any dwin during the I= of the Loan. Leader may require that Cotmntmity
Association Dues, Foes, and Assessments, if any, be escrowed by Borrower, and such doss, fees and.
assessments shall be an Escrow Item. Borrower shall promptly finish to Lender all noRees of amounts to
be paid under this Section Borrower shall pay Leader the Funds for Escrow Iteans nttless Lander waives
Borrower's obligation- to pay the.. Funds. for any _.. or all Escrow Items, Lerxkr mn waive Borrower's
..... _ _ y-- • -
obligation to pay to Lends. Ptrads for any or all Escrow Itertrs at any fimr . Any such waives may Daly be
in writing. In the event of such waivesi, Boiriimic shall *pay directly,` when acid whciFk4bld,'the-amoun4s
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 prove rocei?ts shali for all purposes be domed to
be a.covcaant.and agreemtent ebrRaizted in this Senuity.lpatriurtent as ttx.ph>ese."covenant and agreement
is used in Section 9. If Borrower is obligated to pay. Escrow Iteras directly, pursusnt_to a waiver, and
Borrower fails to pay the amount due for an Escrow itan, Leader may exercise its rights under Section 9
and pay loch amount and Borrower shall then) be obligated under Section 9 to repay to Lender any such
arnount Lender may revoke the waiver as to any or at] Escrow Item ac any time by a notice given in
accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Fords, and in
such amounts, that are then required under this Section 3.
Lender may, at any.time,. collect and.hold Fuxh.in an amount (a) sufficient to permit Leader to apply
the Funds at the hmx sporafied :under RPSPA, aitd (b) not to exuxd-tba maxinami_ amoruit a leader- can,
r ere msdei• RESPA. -Leader -shall extitnata the artaimf of Eundi dnti'vrt tbeE barii3uFetererit dat8-taid -._ _ :: _ ___-_- -:
reasonable estimates of cxpenditurea of future Escrow Items or otherwise in accordanco with Applicable
Law. . . ... - ...,__.__._.. -- . --
The Funds shall be held in an institution whose deposits are insured by a federal agency,
irsstrumrntality, or entity (including Lender, if Under is an institution whose deposits are so insured) or in
any Federal Home Loan Bank. Leader shall apply the Funds to pay the Escrow !bens no later than the time
specified under RESPA. Leader shall not charge Borrower for holding and applying the Funds, annually
analyzing the escrow accourit, or verifying the Escrow Items, 'unless Lender pays Borrower interest on the
Funds and Applicable Law permits Lender to make such a charger-Unless an agreenient 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 e"ngs on the Funds. Borrower and Lender can agree in writing, however, that interest
0403453704
(=?-OA1PA1 (0lot) ppsSOr is form 3034 Val
$1f 185?f'a 1207
shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the
Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA. Lender shall account to
Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow,
as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to
Lender the annount 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 mount necessary to make
up the deficiency in accordance with RESPA, but in no mote than 12 monddy payments.
Upon payment in felt of all suns segued by this Security lnstrumcn; Lender shalt protupdy refntnd
to Borrower any Funds hold by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions
amblirable to the Property which call amain priority over this Searrity hatratremt, Icasdnold payments or
ground tents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To
the extent that these items are Escrow Items, Borrowt:T shall pay them in the rttalmer provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security instrument unless
Borrower. (a) agr= in writing to the payrttent of the obligation secured by the lien in a manner acceptable
to Lender, but only so long as Borrower is performing such agreement; (b) contcan the lien in good faith
by, or deknds against critbreerneni of the lien/ in, 16W proceedings which in Lerider's opinion operate to
prevent the enforcement of the lien while those proceedings are pending, but only to" such proceedings
are concluded; or (e) secures from the holder of the lien an agrecntrnt satisfactory to Lender subordinating
the lien to this Security. Instrument If L.ender.deternrines that any part of the Property is subject to a lien
which can attain priority over this Security Instnmxnt, Leader may give Borrower a notice identifying the
lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or
more of the actions set forth above in this Section 4.
Lender tray require Borrower to pay a orne-titnne charge for a real cmte tax verification and/or
reporting service used by Leader in connection with this Loan.
5. Property Insursace. Borrower shall keep the inrghrovemerits now existing or hereafter erected on
the Properly insured against loss by fire, hazards included within the term "extended coverage." and any
otber.hazardg-includin& but nMt.linniW to, earthquakes and. floods, for which Lender requires insurance.
This insurance shall be maintained in the arnounts (including deductible levels) and for the periods that
Lender requires: What Undei r egavesjxiisaatit to trine preceding aeintcricei can changeduring the term-of-
the Loan. The icnurance carrier providing the insurance shall be chosen by Borrower subject to Lender's
right to disapprove Rorrower's choice, which right shall not be exercised unreasoaably. Latch may
require Borrower to pay, in connection with this. Loan, either: (a) a one-fin's charge for flood zone
determination, ccrtifieation and tracking services; or (b) a one-tone charge for flood zone determination
and certification services and subsequent charges each time re mappings or similar changes occur which
reasonably might affect such deternnination or certification. Borrower shall also be responsible for the
poytnart of any foal imposed by the Federal Emergency MarWernent Agency in connection with the
review of any floai zone determination resulting from an objection by Borrower.
0403053704
?6A{PA} 1a20t1 vey, 6 of 16 ws,r,.
,, rr Fomn 3039 /tat
$ t85 i;in8
. If Borrower fails to maintain any of the coverages described above Landa may obtain ioswwace
coverage, at Leaders option and Borrower's expense. Lender is under no obligation to purchase any
particular type or amount of coverage. Therefore, such coverage shall cover fender, but /right or might
not protect Borrower. Borrower's equity in the Property, or the contents of the Property, against any risk,
baud or llebility and night provide greater or lesser coverage than was previously in effect Borrower
acknowledges that the cast of the insurance coverage so obtained might significantly exceed the cost of
insurance that Borrower could have obtained Any amounts disbursed by I=& under this Section 5 shall
become additialai debt of Borrower secured by this Security ln=unlcnt. These amounts shalt bear interest
at the Note rate from the date of disbursement and shall be payable, with such interest; upon notice from
fender to Borrower requesting payment.
All insurance poiicim required by (.ender and renewals of such policies 3hatl be subject to Lender s
right to disapprove such policies, shall include a standard mortgage clause. and shall name Lender as
mortgage. and/or 'a4-art addificad -loss payee. Lender shat! law the right to hot the policies and renewal
certificates. if Lender requires, Borrows shall promptly give to Lender all receipts of paid premium and
renewal notices. If Borrower obtains any form Of insurance coverage, not otherwise required by Lender,
for damage to, or destruction of the Property, such policy shall include a standard mortgage clause and
shall name Lender as mortgagee and/or as an additional loss payee-
In the event of loss, Botrowcr shall give prompt notice to the insurance carrier and Lender. Lender
may make proof of loss if not made prmWtly by Borrower. Unless Lender and Borrower otherwise agree
in writing, any insurance proceeds, whether or not the underlying insurance was required by Leader, shall
be applied to restoration or repair of the Property, if the restoration or repair is econwaicatly feasible and
Lenders sec rity.i&rtot lessated..Dutingsuelt repair ad restoration period, Lender shall have the right to
hold such insurance proceeds until Lender bas bad an opportunity to inspect such property to ensure the
work has.been coWlewd to Lcnde"s satisfaction, provided that such inspacdn shall be wdertaken
promptty. Lender my disburse proceeds for the repairs and restoration is a sixgle payment or in a series
of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law
requires interest to be paid on such insurance proceeds, Lender shall not be roquired to pay Borrower any
interest ..or:: earrings 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 tptorari?_nepwl is not economically feasible of Lender's security would be lessened, the insurance
proceeds shall be applied to the sums secured by this Security Instrument, whether or not then die, with
the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in
3auion 2.
If Borrower abandons the Properly, Lender may file, negotiate and scule any available insurance
claim and ielstod matters. If Borrower does not respond within 30 days to a notice from Lender that the
insurance carrier bas offered to settle a claim, then Leader may negotiate and settle the claim The 30-day
period will begin when the notice is given. In either event, or if Lender acquires the Property under
Section 22 or otherwise, Botrower hereby assigns to Lender (a) Borrower's rights to any insurance
proceeds in an amount not to exceed the amounts unpaid ender the Note O! this Security Inswuncat, and
(b) any ocher of Borrowers dilbts..(other-than the right to any refund of unearned premiums paid by
Borrower) under all inanraneee 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 accounts unpaid under die Note or this Security Instrument, whether or not then due
0403053704
veer
aRt9ra-tA(PA) tfiM) Pprror e6 Form 3039 1.101
BKl8 ;;G1209
b. Occupancy. Borr6i;;er shall occupy, establish, and use the Property as Borrower' s principal
residence within 60 days alter the exomdon of this Security hutzuntern and shall eontinure to omipy the
Property as Borrowce s principal residenac for at least one year after the date of occupancy, unless Lander
otherwise agreea in writing, which consent sball not be ureastmably withheld, or unless extenuating
circurnstaruxa exist which are beyond Borrower's control.
7. rruervatton, Maintenance and Protwdon of the Peoperti, Inspections. Borrower shall not
destroy, .darnage. or impair the Property, allow the Property to detetionle 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 restmsum is not economically feasible, Borrower shall
promptly repair the Property if damaged to avoid further detcriotation or damage. If insurance or
candarnmtion proceeds are paid in connection with derange ter. or the taking of, the Property. Borrower
shall be responsible for reparring, or restoring the-Property only if Lender has refused proceeds for such
purposes. Lender may disburse proceeds for the repairs and restoration in a single- paymeet or in a series of
progress payments as the work is comph:ted. If the insuranx or condemnation proceeds are not sufficient
to repair or restore the Property. Borrower is not. relieved of Borrowoes obligation for the contplediop of
such repair-or.rostoration...,
Lender-or. its. agent. nay. make, reasonable entries upon. and inspections of the Property. If it has
reasonable .ciuse' (:adder it*:ittspect the it hitir'bf the improvements on the Property. Lender shall give
Borrower notice: at the time of or prior to such an interior inspection specifying such reasonable muse.
& Borrower's Loan Application. Borrower shalt be in default if, during the Loan application
. we o , 'th Borrowers . .
pcoass, Harrower. nor. .aay_pcrswms .or, entities .acting. At
knowledge or consent gave materially false, rrosleading, or inacmata information or statements to Lender
(or failed to provide Lender with material information) in countec,ti.9 wilt the Loan.. Material
representations include, but are not limited to, representations coneet'niog Borrower s occupancy of the
property as Borrower's principal residaroG
9. Protection of Leader's Intemt to the Property and Rights Under this Security Instrument. if
(a) Borrower fails to perform the covenants and agroanents contained in this Security Instrument, (b) there
is a legal proceeding that might significantly affect Lcuder's intacst is the Property ardfor rights under
this Security [astrturtent (such as a proceeding in-banknrptcy, probate. for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to eanfora 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 riots under this Security
tnstnunent, including protecting andfor assessing the value of the Property, and securing :mdfor repairing
the Property. Lenders actions can include. but arc not limited to: (a) paying any stuns secured by a lien
which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable
attorneys' fees to prote t its interest in the Property andfor rights under this Security lmtn¢rrnk including
its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to,
entering the Property to make tepairs, change tacks, replace or board up doors and windows, drain water
from pipes, eliminate building or other code yiolations or dangerous conditions, and have iWfitics atmed
on or off. Although Lmda 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 ineuis--no liability for not taking any or 211
actions authorized under this Section 9.
040 3 05 39 04
n,as .
lz•aA(PA)122421 n4eaw,a AM Fonm3039 1101
Any acnamts disbursed by Lender under this Section 9 shall become additional debt of Borrower
secured by this Security Instr u ea These amounts shall bear interest at the Note rate, honor the dots of
d isburacromt and shall be payable, with such interest, upon notice fmm Lender to Borrower requesting
Payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the
lease. If Borrower acquires fee title to the Property,. the-leasehold did'the fee title shalt not merge unless
Lender agrees to the merger in writing.
to. Mortgage: Insuragee. jf Lemder_!eguirod. Mrtgagc_Iastgaac0 as a condi6onnof making ttie.l oan,
Borrower shall pay the prermuma requrced to ma ntait+ lhe Mortgage ]osiiianct in offeror lr for eery ieasoa;_a _._._.._:.,,.
the Mortgage Instnartce coverage required by Lender erases tut be av,itepl4 §t9lrt tliq.i> tort _gogo it?s_ + that
previously provided such insurance and Borrower was required to make separately designated payments
toward the premiutm for Mortgage Insurance, Borrower shall pay the prenatmts required to obtain -
coverage substantially emivatent to the Mortgage fourance previoualy in effect, at a cost substantially
equivalent m the ecei to Borrower. of. dte Mortgage.Instuance previously in effect, from an alternate
mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance ooverage is not
available, Borrower shall continue to pay to Lander the arnount of the separately designated payments that
were due when the insurance coverage ceased to be in effect. Lender will accept, rue and retain these
payments as a non-ref aidaMe loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be...
Cron-refundable, notwithstanding the fact that the Lout is ul inWDely paid in full, and Lender shall not be
required to pay B mower any interest-or earnings on sick Ions reserve. Leiden can no longer require lass
reserve payments if Mortgage dnnumace coverage (in the amount and for the period that Lender requites)
provided by an usurer selected by Lender again becomes availabld;--fs -bbtsiftd; and- Lender .requires .. .
separately designated psytttents toward the premiums for Mortgage insurance. If Lender require! Mortgage
Insurance as a condition of raking the Loan and Borrower was required, to make.stparatety.desigwed
payments toward the prerniurm for Mortgage Insurance, Borrower stead pay the premiums required to
maintain Mortgage Insurance in effect, or to provide a non-refundable loss suave, until Lenders
requirement for Mortgage Insurance ends in accordance vrith any written agreement betwpeo Borrower and -
Lender providing for such termination or until termination is required by Applicable Law. Nothing in this
Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (a any entity that purchase the Note) for certain losses it
my incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage
Insurance.
Mortgage itnswers evaluate their total risk on all such iti=mcc in force from time to time, and may,
enter into agre ernents with other parties the share or modify their risk, or rodw:e losses. 11= ag ommis
are on terms and conditions that are satisfactory to the mortgage insurer and tlto other patty (or parties) to
these agreements. These agreements may require the mortgage insurer to mate payments using any source
of fiords that the mortgage insurer may have available (which tray include fltnds obtained from Mortgage
Insurance premiums)_
As a result of these agreettmats, Leader, any purchaser of the Note, mother insurer, any reinstuer,
any other equity, rms. any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that
derive from (en might be characterized as) a portion of Borrowers payments for Mortgage Insurance, in
exchange for sharing or modifying the mortgage imewees risk or reducing losses. If such agreement
provides that an affiliate of Lender takes a share of the insurers risk in exchange for a share of the
premiums paid to the insurer, the atrmllenoent 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 tams of the Loan, Such agreements will not Increau the amount.
Berrower will owe for Marigage Iasumace, and they will not entitle Borrower to any refund.
0403053704
wt
A-aA(PA)matS P+re>iw ea - nom poem ?e34 1ta1
8X 1859FG 121 1
(b) Any such agreements will not affect the rights Borrower has - if any - with respect to oho
Mortgage Insurance under the homeowners Protection Act of 1999 or any other law. These rights
may include the right to n elve certain disclosures, to request and obtain cancellation of the
Mortgage Insurance, to have the Mortgage War*= terminated autom dicaliy, and/or to receive a
refund of stray Mortgage Insuraneo premiums that were unearned at the time of such eaacellation or
termination.
11. Asslgament of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds ate hereby
assigned to and shall be paid ta, Lender.
If the Property is damaged, si&h' Misceliseeous Proceeds shall be applied t0 mr1ration or repair of
the Property, if the restoration or repair is economically feasible and Lender's security is trot lessened.
During such repair and restoration period, Lender shall have the right to hold such Miscellancoos Proceeds
until Lender has bad an oppmUmity to inspect suds 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 scrip of progress payments as the work is
- completed. Unless an agrecracnit is trade in writing or Applicable Law requires interest to bd'paid on such
Miscellaneous Proceeds, Leader.shall not.be required to pay Borrower any interest or earnings on such
Misceibmus Pro= & If tic restoration or repair is not economically feasible or Lender's security would
be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security fnstrnncnt,
whether or not then due, with the exems, if any, paid to Borrower. Such Misallancous 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 scarred by this Security Instrument, whether or not then due, with
the cacess, if arty, paid to Brower.
In the event of a partial taking, destruction, or loss in value, of the Property in which the fair market
value of the Property iron ediately before the partial taking, destruction, or 'ass in value is equal to or
greater than the amount of the sums witted by this Security Instrument itrmedistely before the partial
taking, destruction, or loss in value, unless Borrower and Lerulcr otherwise agree in writing, the sums
seared by this Security Imaument shall be reduced by the amount of the Miscellaneous Proceeds
multiplied by the following fraction: (a) the total amount of the turns secured immediately before the
partial inking, destruction, or loss in value divided by (b) the fair market value of the Property
immediately before the partial taking, deortictiorr, or foes in value. Any balance shall be paid to 13otrower.
In the event of a partial taking, dwtruction, or loss in value, of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, " Mss in value is less than the
amount of the sums secured branediasely before the partial :eking, destruction, or loss in value, unless
Borrower and (:cider otherwise igree ?in writing; the Miscellaneous Proceeds shall be applied to the sums
secured by this Security Instrument whether or not the sums are theft due.
If the Property is abandoned by Borrower, or it; after notice by Lander to Borrower that the
Opposing Party (as defined in the next scmetta) offers to matte an award to settle a claim for damages,
Borrower fails to respond to Lender within 30 days after the date the notice is given, Leader is authorized
to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the
suns secured by this Security lastument, whedur or not then due. 'Opposing Party" means the third party
that owes Borrower Miscellaneous Proceeds or the party against whom Bonoxer has a right of action in
regard to Miscellaneous Prcaedt.
Borrower shall be in default if any actionolr proceeding, whether civil or criminal, is begun that, in
Lcader'a judgment, could result in forfeiture of the Property or other material impairnxnt of Lender's
interest in the Property or rights under this Seciinty "Ine anent. Borrower can cure such a defAult and, if
acceleration has occurred, reinstate as provided in Section 19, by causing the action or mg to be
0403053704,
ern
IMPAl toisr) PIN. 100! $6 Fo+m 3039 1101
s9
BK 1 859FG 1 212
dismissed with a ruling that; in Lender's judgxn mk precludes forfeiture of the Property or other material
impaimient of Lesrder's interest in the Property or rigbts under this Security fastrwnent. The proceeds of
any award or claim for damages that are attributable to the irnpairment of Lender's interest in the Property
are hereby assignee) and shall W 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; Forticamee By Lender Not a Waiver. Extension of the time for
payment or modifiestion of amortization of the sums secured by this Security Inatrusrent granted by Leander
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 comane ace proceedings against
any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise mo ity
amortintion 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 [.order is exercising my right or
reme tj including, without limitation. LeaWa acceptance of payments from third persons, entities or
Successors in Interest of Borrower of in amounts less than the amount then due, shalt not be a waiver of or
preclude the exercise of arty right or rMody..., .
13. Joint sad Severah LWAIty; C"lpmasp Suectssers and Asstgita Bound. Borrower covenants
and agrees that Borreowces obliptioas and liabilitf.sbehl be j)?ohn and several. However, any Borrower who
eelsigns thiss Secuiigi Inii aineot but does'noi'exomte'Vte Note (a "co-signer"): (a) is co-signing this
Sci*r(ty liMiiiineint'only t6 modgiuge,'grant and convey the co-signer's interest in the Property under the
terror of this Security Inshmmirt; (b) A not personally obligsled to pay the scum secured by this Security
lostrumeat, and (c) agrees that Loder and any other Borrower can agree to extend, modify, forbear or
make any accommodations with regard to the term of this Security Instrument or the Note without the
co-signers com ant.
Subject to the provisions of Section 1g, any Srrcaeasor in lidwed of Borrower who ass=es
Borrower s obligations under this Security tostrument in writing, and is approved by Lender, shell obtain
all of Borrower s rights and benefits under this Security Instrument. Borrower shall not be released from
Borrower' a obligations and liability under this Security Instrument unless Lender agrees to such release in
writing. The covenants and agreements of this Security husttument shall bind (except as provides) 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
Sorrotvet'a-default, for the purpose of protecting Lender's interest in the Property and rights under this
Security Inshvnastt,'including bat not limited to, attomcys; fees, property inspection and valuation fees.
In regard to nary other feet, the absrna' of express authority in this Security hutruvrent to charge a specific
fee to Borrower stead not be couttrvad as a-prohibition an the charging of such fen Lender -Wray not charge
fees that are expressly prohibited by this Security Instrument or by Applicable Caw.
If the Lean is subject to a law wbich sea maximum loan charges, and that law is finally intcgwcted so
that the interest or other loam charges collected or to be collected in connection with the Loan exceed the
permitted limits, then: (a) any such loon charge shall be reduced by the amount necessary to reduce the
charge to the pertrdteed limit; and (b) any mina already collected from Borrower which exceeded permitted
limits will be refunded to Borrower. Lender tray choose to stake this refund by reducing the principal
owed under the Note or by in"S a direct payment to Borrower. If it itfund reduces principal, the
reduction will be treated as a partial prepayment without any prepayment charge (whether or not a
prepayrttoat charge is provided for under the Note). Burrowers acceptance of any such refund made by
direct payment to Borrower will constitute a waiver of any right of action Borrower night have arising out
.
n such Overcharge, '"' . .- • - - -_. . .
:
is. Not[ces. All notices given by Borrower or Lender in connection with this Securry Instrument
nn)st be in writing. Any notice to Borrower in connection with this Security Ittstremcettt shall be oleerted to
0403053704
sneer.
®•sA[PA) 0202) Pp. f f of is ? four, 3034 1101
m
sK 1859FG 1213
have been given to Borrower when malted by first class mail or when aexuelly delivered to Sortower's
notice address if sent by other mesas. Notice to any one Borrower shalt constihne notice to all Borrowers
unless Applicable Law expressly requires otherwise. The notice address dull be the Property Address
unless Borrower has designated a substitute notice address by notice to Lender. Bdarower shall promptly
notify Lender of Borrower's charge of address. If Lender specifics a procedure for reporting Borrower's
change of addteas, 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 nail to Lendce's address
stated herein unless Lender bas 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 this Security fastrument is also required under Applicable
Law, the Applicable Law requitement will satisfy the corresponding requirement under this Security
Instrument.
16. Governing Lawi Severabilfty; Rules of Construction. 'this Security Instrument shall be
governed by federal law and the law of the Misdiction in which the Property is locoaA All rights and
obligations contained to this Security Instruacut are subject to any rewirunenb and limitations of
Applicable Law. Applicable Law ntight explicitly or implicitly allow fie parties to agree by contract or it
might be sitent, but such sitence shall not be construe( as a prohibition agpinst agreerltent by central In
the event that any Provision or chose of this Security hnstrwruut or diii-Noie conflicts with Applicable
Law,-si" cbiiflkd shall not affect other provisions of this Secutity instrument or the Note which can be
given effect without the conflicting provision.
As used in this Securiy Instrument; (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine getnder; (b) words in the singular shall mean and
include the plural and via versa; and (c) the word "may" gives soft discretion without any obligation to
rake any action.. .
17. Borrower's Copy. Borrower shall be given one copy of rite Note and of this Security Instrument
Ili. 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, these beneficial interests transferred in a bond for deed, contract for deed; atstaitment sales contract or
escrow agreement, tine 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 Propaty.is sold or transferred (or if Borrower
i3 not a natural person snd a beneficial interest in Borrower is sold or transferred) without Lender's prior
written consent, Lender may require irrn odiste payment in full of all sums secured by this So unity
hutrument. However, this option shall not be' exercised by LendeCif 3ue.S excrrise is prohibited by
Applicable Law-
If Lender exercises this optiotr, Leander shall give Borrower notice of acwteranon. 'Me notice shall
provide a period of not less than 30 days from the date the notice is given in acowdanoo with Section 15
within which Borrower rmid pay all sums secured by this Security lnstrurnent. If Borrower fails to lay
these sums prior to the expiration of this period, Lender may invoke any mnedies permitted by this
Security twawnent.without further notice or denantd on Borrower.
19. Borrower's Right to Reinstate After Acceleration, If Borrower mats certain conditions,
Borrower shall have the right to have enforcesoent of this Security Instrument discontinued at any time
prior to the earliest of (a) five days before sale of the Property pursuant to any power of We contained in
this Security lastruramt; (b) such other period as Applicable Law might specify far the termination of
Borrowda right to reirntate, or (c) entry of a judgment en6orcing this Security lnsaume. _Tltoae.
conditions are that Borrower. (a) gays Lender Al suns which then would be due under this Sdxttrity
instnuncnt and the Note as if no acceleration had occuaed ; (b) cures any default of any other covenants or
0403053704
4VAtPA amr
^°?''WW ? (azozl trod tr et to Farm 3039 1101
BK 1 859pV 121 14
agreements, (c) pays all expanses incurred in enforcing this Security Instrument, iocludiug, but not limited
to, reasonable attorneys' feQa, property inspections and vak>$tiotA_fees -andAtltalees_inaared for.the .
purpose of protecting Lender's interest in the Property and r(ghts oirdei-thfi .5?.?- end'(d] - -
takes such action as Lender may reasonably raluire to assure that Louder, s interest in the Property and
rights under this Security Instrurneat, and Borrowces obligation W pay 1134 SWVS seemed by this Security
lmftlw tht; shall continue unchanged. Landw may require dint Borrower pay such reinstatement stuns and
expenses in one or [Wore of the following-forma; as setoctod blr! einder:.-(a}cash; (b)-money order, (c)
certified odteck,. bank cbeok treasures check.m_cashirr's check, provided say snch:chock is drawn upon -
an institution whose deposits arc inured by a f4doral agency, kwuntert"ty or aitity; or (d) Electronic
Funds Transfer. Upon rcinstatement by Borrower, this Security Instrtmneat and obligations soared hereby
shall remain fully effective as if no acceleration had occurred. However, this right t0 reinsure shall not
apply in the case of acceleration under Section 18-
20. Sale of Note; Change of Loan Scrvleen Notice of Grievarrm Tltc Note or a partial interest in
the Note (together with this Security Inshwnent) can be sold one or more tumors without prior notice to
Borrower. A sale night result in a change in the entity (known as the 'Loan Servicco that collects
Periodic Payments due under the Note and this Security Instrument and performs odw mortgage loan
servicing obligations under the Note, this Security Instrument, and Applicable Law. 'There also might be
one or more changes of the Loan Strvicer unrelated to a sale of the Note. If there is a change of the Loan
Services, Borrower will be Om written notice of the d mge which will state the asrnc and address of the
new Loan Serviaz? the address to which payments should be made and any owner information RESPA
requires in connection with a notice of transfer of servicing. If the Note is sold and thereaRa the Loan is
serviced by a Loan Servieer other than the pmchasec of the-Note; the•riartgaw law servi - g obligations
,a Borrower will remain with the Loan Servic r or b4 transferred to a successor Loan Servicer and are not
assumed by the Note purchaser unless otherwise provided by the Nato psgchaser.
Neither Borrower not Lender may contracoce, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this
Security instrument or that alleges That the other party has breached any provision of, or any duty owed by
reason of, this Security Instrument, until such Borrower or Lender has tur ifud the other party (with such
notice given in compliance with tine rocpiremeuts 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 mast 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 IS shall be deemed to satisfy the notice and opportunity to take corrective
action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) 'Hazardous SubstanceC are those
substances defined as toxic or hnrerdous substances, pollutants, or wastes by Environmental Law and the
following substances; gasoline, kerosene, other tlamrnable or toxic petrokum products, toxic pesticides
and berbieides, volatile solvents, materials containing asbostos or formaldehyde, and radioactive materials:
(b) "Environmental Law" mess federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection; (c) 'Environmental Clean;" includes any response
action, remedial action, or removal action, as defined in Enviromiental' Law: iiid (d)'ail "Environmental
Condition' means a condition that can cause, ccmtribute to, br athetwise trigger an Environmental
Cleanup.
0403053704
re;na .
(a AIPAI(02021 aped0 is g? Form 3079 [tat
81{ 1$59; Z 1215
Borrower shatl not cause or pesmit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property. $orrown shall not do,
nor allow anyone else to do, anything affe_eliag the Property (a) that is in violation of any Snvironmenta!
LAw, (b) which creates an Enviraumental Condition, or (c) which, due to the presatcq use, or release of a
Hazardous Substance, creates a condition that adversely affects the value of the Tbo Pre«ding
two scutences shall not apply to the presence, use, or storage on the ProMV 0 small tpwntities of
Hazardous Substances that arc generally recognized to be appropriate to notntal residential uses and to
maintenance of the Property (including, but not lirnited to, hazardous substances in eom ma prodIacts).
Borrower shall promptly give Lander written notice of (s)any invcatigation, claim, demand, lawsuit
or otter action by any governmatai or regulatory agency o ivate parry tnvat: ' the Property and any
Hazardous Substance or Eavirortnental Law of Which Borrower has acursl knows gad t, (b) any
Environmental Condition, including but not limited to, any spilling, leaning, discharge, tetease or threat of
release of any Hazardous Sulwumica, and (e) any condition caused by the presence, use or release of a
Hazardous Substance which adversely affects cite value of the Property. If Borrowrer learns, or is notified
by nay ggoo 1 or regulatory authority, a try privax party, that ?y removal of other Mrxdiation
of arty Hazard hstattce eflccting tic Property t4 tneoasscry, Borrower Matt Pr6mPttY take all necessary
rcmedid soma in accordattoa with Enviratutxsrtal Law. Nothing herein shall create any obligation n
Lcndar far-sn Eaviromnaital 4'icanuP. -
t ION-UNIFORM_COV6NANT5. Borrower and Leader furtlher cevenunt and agree as follows:
22 Aoeelerattom Remedlea Leader:hall ¢ve nsdoe to 8armwer pprior to asxcioratten following
Borrower's brwtch of any eevemaat or agroemptt la lids Srxutity Instmment {bat not prior to
acrderatlan under Section IS unieu elpptlable Law ptevidn otltcr»iae}. Cr Lendshall notify
Borrower of, among other things: (a) the defattkh, (b) the aettan rafmlred to care: the default; (c) when
the default most be cared; and (d) that tatfnsre to care the defardt as specified may result in.
acceleration of the sums secured by this Security instrument, tomlosuure by Judicial proceeding and
sale of the Property. Lender shall further loform Borrower of the tight to reinstate after meleratlon
and the right to assert in the foreclosure proceeding the noes-erlttenee of a default or any other
defense of Borrower to arxeterWas and fareclosaam It the default Is not cured as specMed, Leader at
its
instrument
without further deemtmd and way f foreclose se this Security Instrument b jatldalSaurseee?di Lender
shall be entitled t9 collect all expense Incurred is pursuintt 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 some. sensed by this Security lnstrtamnt, this Security instrument
and the estate conveyed shall terminate and became void. Alta such occurrence, Lender shall discharge
and satisfy this Security Iustrument. Borrower shall pay any recordation costs. Lender may charge
Borrower a fee for releasing this Security lmtrumm4 but only if the fee is paid to a third Party for services
rendered and the charging of the fat is Permitted tinder Applicable Law.
24, Waiven. Borrower, to the extent permitted by Applicable Law, waives and releases any error or
defaces in proceedings to enforce this Security loswaramt, and hereby waives nix benefit of any present or
future Iowa providing for stay of cxccwg% extension of time, exemption from attachment, levy and sale,
and homestead exemption.
25. Relmstatemeat Perlod. Borrower's time to reinstate provided in Section 19 shall extend to one
hour prior to the oonaacnccnxnt of bidding err a sheriffs sale or other We pursuant to this Security
Innswuncut.
2$. Purchase Money Mortgagr- If any of the debt secured by this Security Inswurnent is lent to
Borrower to acquire title to the Property, this Security Inscrauncnt shatl be a purchase money mortgage.
27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is
entered on the Note or in as action of mortgage foreclosure shall be the rate payeblo from tune m time
under the Note.
0403053704
404A(PA) tr2o2h P;hr14ofIS Fa-3939 voi
BKl6S9?CI 1216
BY SIGNING BELOW, Borrower aoc" and qVm to the terms and coveMts contained in Luis
Scwnty fnstnvrcnt and in any Rider executed by 3 mower and recorded with i4
4Yimesses:
1 SM1
( }
DARn A 9HAFF8R 8orrown
????.? (Seal}
F
MARIA C S FSR •60rcawn
(Seal} (Seal)
•Bo+roara •Eortowet
(Seat) (Sol)
- -8ormwer -Rorlowm _
(Seal)
- (Seal)
-sorro+rer
0403053704
VIW .AIPAI (aZai) vq. t5 of +6 Form 3034 im
:BY13?3?1217
Certificate of Residence
L QA9ArtErS .4 \'VEv v-I,\AmnI do hereby certify that
the correct address of the udthin-oamd Lender is 300 !3. aont4rra Blvd Suite 300
San Antonio, Tx 78216
Witness my hand W3 33Mh day of March, 2004
Agent of Lender
COMMONWEALTH OF PENNSYLVANIA, ... - CureB?RA?uD Countyss:
On this, the /q dayof Mt4r4o ... O?oQY befarcme, the
undersigned officer, personally appeared DARYL A ox"PRR, MARIA C SttAFFRR
Imown to me (or
satisfactorily proven) to be the person(s) whose peal(s) isjff%mbscdbed to the within istsmunrnt mad
actmowto" that he/sh<q?mmcuwd the wale for the purposes herein contained.
114 WfI qM WfMBOF, 1 beramto sit my hand and ofFr_ial seal.
My Corrmrission Expires: Z't,,,A 6 le, o?o ac
j?aTaRV f u at t e
' Tilts of0[fiur tJLTtNCn ?N C4M1CcP.-LAVb C-++•
WoUM SMi
tine FianABa?yAw" POW
Mft CotNnteaian FJephvr Juno is, 2006
Wmber,Awomehranla atitOtsttas
0403053704
?e16A
40w4A1PA)jeml v?p160 16 faun 3039 tlnl
8Kt85??`ai218 _
EXHIBIT "Alf
ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN UPPER ALLEN TOWNSHIP,
CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT:
BEGINNING AT A POINT ON THE NORTHERN LINE OF HILLCREST DRIVE AT THE DIVIDING
LINE BETWEEN LOTS NOS. 3 AND 4 ON THE HEREINAFTER MENTIONED PLAN OF LOTS;
THENCE BY THE NORTHERN LINE OF HILLCREST DRIVE AND THROUGH LOT NO. 1 ON
PLAN, SOUTH 69 DEGREES 45 MINUTES WEST, 300 FEET TO A POINT ON THE EASTERN
LINE OF MARTIN ROAD; THENCE BY THE NORTHERN LINE OF MARTIN ROAD IN A
NORTHWESTERLY DIRECTION, 150 FEET, MORE OR LESS, TO A POINT AT LANDS NOW OR
FORMERLY OF SHEAFFER WILLIAMS; THENCE BY LANDS NOW.OR FORMERLY OF SHEAFFER
WILLIAMS, NORTH 69 DEGREES 15 MINUTES EAST, 300 FEET TO A POINT; THENCE BY
THE DIVIDING LINE BETWEEN TATS NOS. 3.AND 4 ON SAID PLAN IN A SOUTHEASTERLY
DIRECTION, 157 FEET TO A POINT, THE PLACE OF BEGINNING. BEING A PORTION OF
LOT NO. 1 AND ALL OF LOTS NOS. 2 AND 3 ON THE PLAN OF LOTS KNOWN AS ORCHARD
TERRACE, WHICH PLAN IS OF RECORD IN PLAN BOOK 8, PAGE 30, CUMBERLAND COUNTY
RECORDS.
THE DERIVATION OF SAME BEING:
The same being property conveyed by Deed executed by FLORENCIO L. GOPEZ AND
NEMESIA N. GOPEZ, on 05-23-1988, as recorded on 07-15-1988 at Book/Liber
L33, and Page/Folio-671, in the land records of CUMBERLAND COUNTY.
Parcel Identification Number: 42-30-2114-019
oil 18 . 5 . 9 i U 2 i 9
ARBITRATION RIDER
THIS ARBITRATION RIDER is made Ihis 19th day of March, 2004, and is incorporated into and shall be
deemed to amend and supplement the Mortgage, Deed of Trust or Security Owed tihe "Security
Instrument") of the Sarno date given by the undersigned (the "Borrower") to secure Borrower's Note or
Adjustable Rate Note (the "note") to
Home Funds Direct
(the 'Lander") of the same date and covering the Property described in the Security instrument and
located at:
11 HILLCREST DRIVE
BO WMANSDALE, RA 17008
[Property Addressl
This Arbitration Rider is signed as part of your Agreement with Lender or any assignee of Lender and is
made a part of that Agreement. By signing this Arbitration Rider. you agree that either Lender or any
assignee of Lender or you may request that any claim. dispute, or controversy (whether based upon
contract; tort, Intendonal or otherwise; constitution; statute; common taw; or equity and whether
pre-axisting, present or fuWo includNtg initial claims, taunter-claims, cross-clefms and third party
claims, arising from or relating to this Agreement or the relationships width result from this Agreement,
including the validity or enforceabifily of this. arbitration clause, any part thereof or the entire Agreement
('Claim shall be resolved, upon the election of Lender, any assignee of Lender or you, by bincimg
arbitration pursuant to this arbitration provision end the applicable ftoes or procedures of the arbitration
administrator selected at the tirme the Claim is filed. The party initiating the arbitmtlon proceeding shall
have the right, to select one of the following three arbitration administrators: the National Arbitration
forum ("Nl1F"), the American Arbitration Association {'AAA") or JAMS (JAW), The arbitrator stunt be
a lawyer with awe then tan years experience or a retired or former judge. The arbitrator shag be
independent of and unrelated to you or Lender or any assignee of Lender. The rules and tones of the
NAF. AAA and JAMS may be obtained by writing to or calling these organizations at the addresses
and/or telephone numbers listed below. our address for service of process under this provision is the
Lendees address as stated in page one of the Agreement or the address of any assignee of Lender.
Any participatory arbitration hearing that you attend will take place in the city nearest to your residence
where a federal district court is located or at such other location as agreed by the parties.
if Lender or any assignee of Lender tiles a Claim, Lender or any assignee of tender shall pay all filing
costs. If you fife a Claim, filing costs and administrative teas, (other than hearing fees) shag 6a aid as
follows, (a) you agree to pay for the initial cost of firing the Gain up to the maximiurn amount of 100.00;
(b) at your request or if required by the arbitration administrators rules. we will pay for filing costs over
$100.00 and for any administrative fees charged by the arbitration, adrnintsuator an any Claim submitted
by you up to a maximum of the amount of the filing fees that would be charged by the arbitration
administrator for a G21m equal to our ban amount; and (c) all filing coats ardor admirxsMativa fees in
excess of the amount of the tiling fees that would be charged by the arbitration administrator fora Claim
equal to your loan amount shag be paid by you. The cost of up to one fug day of arbitration hearings will
be shared equally between the parties. Fees for hearings that exceed one day will be paid by the
requesting party. The parties shall each bear the expense or their respective atiomey's fees. except as
othervrise provided by law. If a statute gives you the fight to recover any of these fees, or the fees paid
to the arbitration administrator, these statutory fights shall apply in the arbt"don notwithstanding
anything to the contrary contained herein. If the arbitrator Issues an award in our favor you will not be
required to reimburse us for any fees we have previously paid to the arbitration administrator or for which
we are responsible.
WIN s 100176104030537013 grix"Im
Nis ARBRIDR.SFF Page I of 3
iaitista
f,oaa 1 043053704
140
_ . _.. 8? 1050FG 1220
This Arbitration Rider is made pursuant to a transaction involving Interstate commerce, and shall be
governed by the Federal Arbiballon Ac1,4U.S.C:,Sectloas t -16 (the "FAA"t. The arbitrator shall apply
applcable substantive law Gartfiftt?{tixyjNi?s FAA, including taws concerning rer:ep8ort, re[action and
conskleration of evtderlSx;,gr)cl `3.x!€111; Bt itifiYpgt?e.;st of arty PAY, provide wrttten reasoned findings of
Fact and conclusions of lavr: Tf1e'9t4jfiat?s award shad not be subject to appeal except as permitted by
the FAA. Ttte parFfe3'agree'ltrat ttie award shah he kept cortftdantlal. Judgment upon the award maybe
entered in any courthaving jurisdiction. AN statutes of limitations that would otherwise be applicable
shaft apply to amp arbllratfon Proceeding. '
The arbitrator shall be empowered to IMose sanctions and to take such other actions as the arbitrator
deems necessary to the same extent as could be imposed by a judge pursuant to the Federal Rules of
Civil Procedure.
This Arbitration Rider shall survive repayment of your ban and/or termination of the Agreement- if any
portion of this Arbitration Rider is deemed invalid or unenforceable under any law or statute consistent
with the FAA, it shall not invalidate the remaining portions of this Arbitration Rider of the Agreement. In
the event of a conflict or Inconsistenq between We rules and procedures of the arbitration administrator
and this Arbitration Rider, this Arbitrabort Rider shat govern No class actions or joinder or consolidation
of any Claim with the claim of any other parson are permitted in arbitration without the wrkten consent of
the parties.
No provision of, nor tho exercise of any rights under this Arbitration Rider shall limit the right of any party
during the pandeocYof any Claim, to seek and use ancitaty.or.preliminary rsmedies. judicial or
otherwise, for the purposes of realizing upon, preserving. protecting or foreclosing upon any property
involved in any Gaim or subject to the loan documents. The use of the ooufts shall not constAuts a
waiver of the right of any party, including the plaintlK to submi( any Claim to arbitration nor render
inapplicable the compulsory arbitration provisions contained in this Arbitration Rider.
THE PARTIES ACKNOWLEDGE THAT THEY HAD A RIGHT TO LITIGATE CLAIMS THROUGH A
COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF EITHER PARTY
ELECTS ARBITRATION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR
RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION
OF ARBITRATION BY EITHER PARTY. YOU ALSO ACKNOWLEDGE THAT YOU WILL NOT HAVE
THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE, CLAIMANT OR MEMBER OF ANY CLASS
ACTION PERTAINING TO ANY CLAIM THAT IS SUBJECT TO ARBITRA110K EVEN IF SUCH CLASS
ACTION IS PENDING ON THE DATE OF THIS ARBITRATION RIDER, EXCEPT THAT THIS
ARBITRATION RIDER WILL NOT PRECLUDE YOUR PARTICIPATION IN ACLASS WHICH HAS
ALREADY BEEN CERTIFIED BY A COURT OF COMPETENT JURISDICTION ON OR BEFORE THE
DATE OF THIS ARBITRATION RIDER.
You may contact, obtain the arbiration rules of, or file a Claim with NAF, AAA, or JAMS as follows
National Arbitration Forum American Arbttmilon Association 1A.1111.9JEndisputo
P.O. Box 50191
4 1150 Connecticut Ave, NW, 8th Floor
t
W
i
DC
0
36 45 Broadway
05
Minneapolis, MN 55 on,
4140
ash
ng
2
0 Now York, NY 10005
www.ait4orum.org www.adr.o Www.jainsadr.Com
Code of Procedure Arbitration Rules for Consumer Fimrtdai Services
Related Disputes (Claims Arbitration Rules aiid
under $10,004). Commerclat Procedures.
'Arbitration Rules
(all other claims),
fnidal§?'
MIN r 100),76104030537043 aH&MR Loan 0 0403053704
A8L ARBRIDR2.UFF ?age 2 of 3 A%
O K I 8591-6 1221
BY SIGNING BELOW, Borrower accepts and ogees to the terms and covenants contained itithi?Srbipa?ps
Rider.
orrOwu ate Borrower Date
DARYL SH"FSR MXRIA C MAPPER
Botrow.-r Date Borrower
Date
Borrower Date Borrower
Borrower Oate Borrower
trot 4 100176104030537043 asA.FFSa
AHL A"RIDa3. UFF Page 3 of 3
Date
Date
Loan i 9403053704
BX 1858PG 1222
ADJUSTABLE RATE RIDER
(LIBOR Six-Month Index (As Published In The Wall Street Journal)-Rate Caps)
THIS ADJUSTABLE RATE RIDER is made this 194h day of Match , 2004 , and is incorporated into and shall
be deemed to amend and supplement the Mortgage. Dead of Trust, or Security Deed (the "Security Instrument") of
the same date given by the undersigned ('Borrower'} to secure Borrower's Adjustabte Rabe Note (the "Note'l to
Home Funds DUeet ("Lender") of the same date and covering the property described in the Security Instrument
and located at:
11 HILLCREST DRIVE
..-BOWMANSDALE,PA 17048
. [Property Address] .
THE MOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE
INTEREST RATE AND THE N(ONTHLY PAYMENT. THE NOTE LIMITS THE
AMOUNT BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME
AND THE MAXIMUM RATE BORROWER MUST PAY.
ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Securty Instrument.
Borrower and Lender f6r1her covenant and agree as follows:
A. INTEREST RATE AND MONTHLY PAYMENT CHANGES
The Note provides for an initial interest rate of 7.3501/4. The Note provides for changes in the interest rate and
the monthly payment:, as follows:
4. INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The initial interest rate I will pay will change on the first day of Apd1,2008 and the adjustable interest rate I will
pay may change on the first day of 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 tote will be based on an Index The "Index" is the average of
interbank offered rata for six month U.S. dollar-denominated deposits in the London market ("LIBOR!'), as
published in The Wall StreerJournal. The most recent Index figure available as of the first business day of the
month immediately preceding the month in which the Change Date occurs is called the "Current Index:'
If the Index is no longer available, the Note Holder will clwose a new index that is based upon comparable
information. The Note Holder will give me notice of this choice.
tnklgh/"r l 5
iNiti+! I00170104830537F143 SHAFFER t,oenf @36537M
ARMRIORCUFF Page- r 043 AHL nodUkd FannIaMno 3139 (1[U)
BK t 859F 1 X23
(C) Calculation of Changes
Before each Change Llate, the Note Holder will calculate my new interest rate by adding Set And 8ightyllve
Hundfetiftt(s) percentage points (8,85011.) to tho Ctttttnt index. Tile Note Holder will then round the result of this
addition to the nearest one,eighth of ane percentage point (0.I25%). Subject to the limits sated in Section 4(D)
below, this rounded amount will be my new interest rate until the next Change Date.
The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the
unpaid principal that I am expected to owe at the Chatuge Date in fW1 on the Maturity Date as my new interest rate
in substantially equal payments. The result of this calculation will be the new amount of my monthly payment.
(4) Limits on Interest Rate Cbaogcs
The interest rate( am required to pay at the first Change Date sell not be greater than 6.850% or less than
7.3501/6. Thereafter, any adjustable interest rate will never be increased or decreased on any single Change Date by
more than One And 4n"11percentage points (1.500%) from the rate ofinterest I have been paying for the
preceding six months. My interest rate will never be greater than 14.3500/. or teas than 7,350%.
(Ej Pfrective Datc of Claopa
My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly
payment beginning tm the first monthly payment date after the Change Date until the amount of my monthly
payment changes again.
(k) Notlee of Changes
lire Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my
monthly payment before the effective date of any change. The notice will include information required by law to be
given to me and also the title and phone number of & 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. if all or any part of the
Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or
transferred and Borrower is not a natural person) without Lender's prior written Consent, Lender
may, at its option, requiro immediate payment in full of all sums secured by this Sectrity
Instrument. However, this option shall not be exercised by Leader ifsuch exercise is prohibited by
applicable law.
If Lender exercises the option to require immediate payment in full, Lender shall give Borrower
notice of acceleration. The notice shall provide a period of not less than 30 days from the date the
notice is delivered or mailed within which Borrower must pay all sums secured by this Security
Instrument. If Borrower fails to pay these suns prior to the expiration of this period, Lender may
invoke any remedies permitted by this Security instrument without further notice or demand on
Borrower.
Inltlak:
MINX 188176104836537643 SHAFFER Loan N 3704
ARMRIDR2.UFF Page 2 of 3 AH4 aWflled FarmieMaa 3138 (11041
$K i 859FG 1224
BY SIGNING BELOW, Sotto or accepts and agrees to the terms and covenants contained in
thi djustab to Ri
rnpwa Borrower Date
DARYL A SHAFFER MARIA C SHAFFER
Borrower
Dam Bottower
Date Bormwer
Barmwer
MIN 0 100176104030337043
ARMR(M.U`F
Date DOrtOwei
SHAFFER
Page 3 of 3
I Certify this to be recorded
In Cumberland County .
Recorder of Deeds
E I $5Su 225
Date
Datc
Date
Loan S 0403053704
ARL w dt0ad F.nN%Mae M38 (1144)
0a Ocwen Loan Servicing, LLC
P.O. Box 24737
O C W E N West Palm Beach, Florida 33416-4737
(Do not send correspondence orpayments to the above address) WWW.OCWF-N.COM
November 30, 2011
VIA First Class Mail
VIA Certified Mail (return receipt requested)
Certified Number: 71069017515147046910
Reference Code: 1109
Estate of Daryl A. Shaffer
PO Box 159
Grantham, PA 17027
Loan Number: 34243279
Property Address: 11 Hillcrest Drive, Bowmansdale, PA 17008-0000
PLEASE SEE THE ENCLOSED DOCUMENT
DACT9111
This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that
purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not
intended as and does not constitute an attempt to collect a debt
NMLS # 1852
Ocwen Loan Servicing, LLC
ois
November 30, 2011
P.O. Box 24737
West Palm Beach, Florida 33416-4737
O C W E N
(Do not send correspondence or payments to the above address)
APPENDIX A
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
W W W.OC WF,N.COM
This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific
information about the nature of the default is provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home.
This Notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN
THIRTY (30) DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the
Counseling Agency.
The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the
end of this Notice If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at
(800) 342-2397 (Persons with impaired hearing can call (717) 780-1869).
This Notice contains important legal information If you have any questions representatives at the Consumer Credit
Counseling Agency may be able to help explain it You may also want to contact an attorney in your area. The local
bar association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO A ESTA
AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. USTED PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL
PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM"
EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
Estate of Daryl A. Shaffer
11 Hillcrest Drive
Bowmansdale, PA 17008-0000
LOAN ACCT. NO.: 34243279
ORIGINAL LENDER: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.
CURRENT LENDER/SERVICER: OCWEN
DACT91.21
This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that
purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not
intended as and does not constitute an attempt to collect a debt
NMLS # 1852
Ocwen Loan Servicing, LLC
P.O. Box 24737
--- West Palm Beach, Florida 33416-4737
O C W E N
(Do not send correspondence or payments to the above address.)
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE
ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES
BEYOND YOUR CONTROL,
IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY
THE PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE -Under the Act, you are 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 one of the consumer credit counseling agencies listed at the end of this Notice THIS MEETING
MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE
ASSISTANCE. YOU MUST BRING YOUR MORT A E UP TO DATE THE PART OF THIS NOTICE
CALLED"HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE
UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agency
listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this
meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the
county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-
to-face meeting. Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in
this Notice (see following pages for specific information about the nature of your default.) 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 AGAINST
YOUR 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 Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty
(60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be
pursued against you if you have met the time requirements set forth above. You will be notified directly by the
Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE
FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE
CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance).
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date).
DACT91.21
This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that
purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not
intended as and does not constitute an attempt to collect a debt
WWW.OCWEN.COM
NMLS # 1852
0 Ocwen Loan Servicing, LLC
P.O. Box 24737
--
C C W E -- N West Palm Beach, Florida 33416-4737
(Do not send correspondence or payments to the above address.) lt'WW.0CWEN.C.0 k1
NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 11
Hillerest Drive , Bowmansdale, PA 17008-0000
IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following
amounts are now past due:
2 payments in the amount of $ 1,882.70 from October 01, 2011 through November 30, 2011
DETAIL SUMMARY :
Principal and Interest ................................. $ 2,887.58
Interest Arrearage ..................................... $ 0.00
Escrow .................................................. $ 877.82
Late Charges ........................................... $ 259.89
Insufficient Funds Charges ........................... $ 0.00
Fees / Expenses ........................................ $ 0.00
Suspense Balance (CREDIT) ........................ $ 0.00
Interest Reserve Balance (CREDIT) ................ $ 0.00
TOTAL DUE .......................................... $ 4,025.29
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice
BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,025.29, PLUS ANY
MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY
PERIOD. Payments must be made either by Money Gram. Cashier's Check, Certified Check or Money Order made
payable and sent to:
OC WEN
P.O. BOX 6440
CAROL STREAM, IL 60197-6440
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of
this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire
outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage
in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the
lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the
mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins
legal 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 ALE - If you have not cured the default within the
THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and
prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paving the total amount then.
past due. plus any late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure
sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any
other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your
mortgage to the same position as if you had never defaulted.
DACT91.21
This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that
purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not
intended as and does not constitute an attempt to collect a debt
NMLS # 1852
..................... 8
Ocwen Loan Servicing, LLC
P.O. Box 24737
---_- West Palm Beach, Florida 33416-4737
0C WE N
(Do not send correspondence or payments to the above address) WWW.OCWEN.CO:M
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of
the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of
the actual date of the 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 servicer.
HOW TO CONTACT THE SERVICER:
Name of Servicer: OCWEN
Address: P.O. BOX 24737
WEST PALM BEACH, FL 33416-4737
Phone Number: 800-310-9229
Fax Number: 407-737-6300
Contact: Early Intervention Dept
EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff's Sale will end your ownership of the mortgaged
property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to
remove you and your furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You may or X may not (CHECK ONE) 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 CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR
DEFAULT MORE THAN THREE (3) TIMES IN ANY CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER
LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
DACT91.21
I his communication is from a debt collector attempting to collect a debt; any information obtained will be used for that
purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not
intended as and does not constitute an attempt to collect a debt
NMLS # 1852
x Ocwen Loan Servicing, LLC
November 30, 2011
P.O. Box 24737
O C - WEN West Palm Beach, Florida 33416-4737
(Do not send correspondence or payments to the above address.) WW W.OCWFN.CC).1vi
VIA First Class Mail
VIA Certified Mail (return receipt requested)
Certified Number: 71069017515147046903
Reference Code: 1109
Maria C. Shaffer Estate of Daryl A. Shaffer
11 Hillcrest Drive
Bowmansdale, PA 17008-0000
]Loan Number: 34243279
Property Address: 11 Hillcrest Drive, Bowmansdale, PA 17008-0000
PLEASE SEE THE ENCLOSED DOCUMENT
DACT91.21
This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that
purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not
intended as and does not constitute an attempt to collect a debt
NMLS # 1852
a Ocwen Loan Servicing, LLC
November 30, 2011
P.O. Box 24737
O C W E N West Palm Beach, Florida 33416-4737
(Do not send correspondence or payments to the above address) lt- WW.OC W FN.C:O:M
APPENDIX A
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose Specific
information about the nature of the default is provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home
This Notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN
THIRTY (30) DAYS OF THE HATE OF THIS NOTICE. Take this Notice with you when you meet with the
Counseling Agency.
The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the
end of this Notice. If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at
(800) 342-2397 (Persons with impaired hearing can call 717) 780-1869).
This Notice contains important legal information If you have any questions, representatives at the Consumer Credit
Counseling Agency may be able to help explain it You may also want to contact an attorney in your area The local
bar association maybe able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO A ESTA
AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. USTED PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL
PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM"
EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S): Maria C. Shaffer Estate of Daryl Shaffer
PROPERTY ADDRESS: 11 Hillcrest Drive
Bowmansdale, PA 17008-0000
LOAN ACCT. NO.: 34243279
ORIGINAL LENDER: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.
CURRENT LENDER/SERVICER: OCWEN
DACT91.21
1 his communication is from a debt collector attempting to collect a debt; any information obtained will be used for that
purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not
intended as and does not constitute an attempt to collect a debt
NMLS # 1852
Ocwen Loan Servicing, LLC
P.O. Box 24737
--........ .... West Palm Beach, Florida 3341 6-4 73 7
O C W E N
(Do not send correspondence or payments to the above address) WWW.OCWEN.CO:M
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS.
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE
ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES
BEYOND YOUR CONTROL,
IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY
THE PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE -Under the Act, you are 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 one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING
MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE
ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE
CALLED"HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE
UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agency
listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this
meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the
county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-
to-face meeting. Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in
this Notice (see following pages for specific information about the nature of your default.) 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 AGAINST
YOUR 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 Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty
(60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be
pursued against you if you have met the time requirements set forth above. You will be notified directly by the
Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE
FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE
CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance).
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date
DACT91.21
This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that
purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not
intended as and does not constitute an attempt to collect a debt
NMLS # 1852
Ocwen Loan Servicing, LLC
P.O. Box 24737
Ot`-- c -- w -- e rv West Palm Beach, Florida 33 41 6-4 73 7
o
(Do not send correspondence or payments to the above address) lt%WW.OCWEN.CO.M
NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 11
Hillerest Drive, Bowmansdale, PA 17008-0000
IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following
amounts are now past due:
2 payments in the amount of $ 1,882.70 from October 01. 2011 through November 30, 2011
DETAIL SUMMARY :
Principal and Interest .................. .........
Interest Arrearage .....................................
Escrow ..................................................
Late Charges ...........................................
Insufficient Funds Charges ...........................
Fees / Expenses ........................................
Suspense Balance (CREDIT) ........................
Interest Reserve Balance (CREDIT) ................
TOTAL DUE ..........................................
$ 2,887.58
$ 0.00
$ 877.82
$ 259.$9
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 4,025.29
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice
BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,025.29, PLUS ANY
MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY
PERIOD. Payments must be made either by Money Gram, Cashier's Check, Certified Check or Money Order made
payable and sent to:
OCWEN
P.O. BOX 6440
CAROL STREAM, IL 60197-6440
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of
this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire
outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage
in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the
lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the
mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins
legal 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 up to one hour before the Sheriff's Sale You may do so by paying the total amount then.
past due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure
sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any
other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your
mortgage to the same position as if you had never defaulted.
DACT91.21
This communication is from a debt collector attempting to collect a debt,- any information obtained will be used for that
purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not
intended as and does not constitute an attempt to collect a debt
NMLS # 1852
Ocwen Loan Servicing, LLC
P.O. Box 24737
O C W -- E -N' West Palm Beach, Florida 33416-4737
(Do not send correspondence orpayments to the above address) WWW.OC WEN.COM
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of
the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of
the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default
will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by
contacting the servicer.
HOW TO CONTACT THE SERVICER:
Name of Servicer: OCWEN
Address: P.O. BOX 24737
WEST PALM BEACH, FL 33416-4737
Phone Number: 800-310-9229
Fax Number: 407-737-6300
Contact: Early Intervention Dept
EFFECT OF SHERIFF'S SALE •- You should realize that a Sheriffs Sale will end your ownership of the mortgaged
property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to
remove you and your furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You may or X may not (CHECK ONE) 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 CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR
DEFAULT MORE THAN THREE (3) TIMES IN ANY CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER
LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
- DACT91 21
This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that
purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not
intended as and does not constitute an attempt to collect a debt
NMLS # 1852
Ocwen Loan Servicing, LLC
November 30, 2011
P.O. Box 24737
- --` West Pabn Beach, Florida 3341 6-4 73 7
O C W E N
(Do not send correspondence or payments to the above address) WWW.OCWEN.CQM
VIA First Class Mail
VIA Certified Mail (return receipt requested)
Certified Number: 71069017515147046897
Reference Code: 1109
Maria C. Shaffer
PO Box 159
Grantham, PA 17027-0000
Loan Number: 34243279'
Property Address: 11 Hillerest Drive, Bowmansdale, PA 17008-0000
PLEASE SEE THE ENCLOSED DOCUMENT
DACT91.21
This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that
purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not
intended as and does not constitute an attempt to collect a debt
NMLS # 1852
Ocwen Loan Servicing, LLC
P.O. Box 24737
O C W E N West Palm Beach, Florida 33416-4737
(Do not send correspondence or payments to the above address) WWW.OC WEN.C,OM
November 30, 2011
APPENDIX A
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific
information about the nature of the default is provided in the attached pages
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home
This Notice explains how the program works
To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN
THIRTY (30) DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the
Counseling Agency_ -
The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the
end of this Notice If you have any questions. you may call the Pennsylvania Housing Finance Agency toll free at
(800) 342-2397 (Persons with impaired hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit
Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area The local
bar association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO A ESTA
AGENCIA (PENNSYLVANLA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. LISTED PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL
PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM"
EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S): Maria C. Shaffer
PROPERTY ADDRESS: 11 Hillcrest Drive
Bowmansdale, PA 17008-0000
LOAN ACCT. NO.: 34243279
ORIGINAL LENDER: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.
CURRENT LENDER/SERVICER: OCWEN
i ms communication is,jrom a debt collector attempting to collect a debt; any information obtained will be used for that
purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not
intended as and does not constitute an attempt to collect a debt
NMLS # 1852
Ocwen Loan Servicing, LLC
P.O. Box 24737
D C W E E _ N . West Palm Beach, Florida 33416-4737
(Do not send correspondence or payments to the above address.)
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE
ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES
BEYOND YOUR CONTROL,
IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY
THE PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY TAY 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 one of the consumer credit counseling agencies listed at the end of this Notice THIS MEETING
MUST OCCUR WITHIN THE NEXT (30) DAY IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE
ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE
CALLED"HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE
UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agency
listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this
meeting. The names. addresses and telephone numbers of designated consumer credit counseling agencies for the
county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-
to-face meeting. Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in
this Notice (see following pages for specific information about the nature of your default.) 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 AGAINST
YOUR 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 Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty
(60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be
pursued against you if you have met the time requirements set forth above. You will be notified directly by the
Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE
FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE
CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance).
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date)
T A /?TOI ? i
t ms communication is from a debt collector attempting to collect a debt; any information obtained will be used for that
purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not
intended as and does not constitute an attempt to collect a debt
It WW.OCWEN.COM
NMLS # 1852
Ocwen Loan Servicing, LLC
P.O. Box 24737
O -_ C - W -E N ' West Palm Beach, Florida 33416-4737
(Do not send correspondence orpayments to the above address) WWW.OC WEN.COM
NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 11
Hillcrest Drive , Bowmansdale, PA 17008-0000
IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following
amounts are now past due:
2 payments in the amount of $ 1,882.70 from October 01, 2011 through November 30, 2011
DETAIL SUMMARY :
Principal and Interest ................................. $ 2,887.58
Interest An-earage ..................................... $ 0.00
Escrow .................................................. $ 877.82
Late Charges ........................................... $ 259.89
Insufficient Funds Charges ........................... $ 0.00
Fees / Expenses ........................................ $ 0.00
Suspense Balance (CREDIT) ........................ $ 0.00
Interest Reserve Balance (CREDIT) ................ $ 0.00
TOTAL DUE .......................................... $ 4,025.29
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice
BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,025.29, PLUS ANY
MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY
PERIOD. Payments must be made either by Money Gram Cashier's Check, Certified Check or Money Order made
payable and sent to:
OCWEN
P.O. BOX 6440
CAROL STREAM, IL 60197-6440
,IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of
this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire
outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage
in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the
lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the
mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins
legal 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
130 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 ALE - If you have not cured the default within the
THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and
prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paying the total amount then.
past due, plus any late or other charges then due, reasonable attorney's fees and cost connected with the foreclosure
sale and any other costs connected with the Sheriff's ale a specified in writing by the lender and by performing any
other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your
mortgage to the same position as if you had never defaulted.
7?A1`TUl ?i
1 pis communication is from a debt collector attempting to collect a debt, any information obtained will be used for that
purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not
intended as and does not constitute an attempt to collect a debt
NMLS # 1852
08 Ocwen Loan Servicing, LLC
P.O. Box 24737
............ -' West Palm Beach, Florida 33416-4737
D C W E N
(Do not send correspondence or payments to the above address) WWW.OCWEN.COM
EARLIEST POSSIBLE SHERIFF'S ALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of
the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of
the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default
will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by
contacting the servicer.
HOW TO CONTACT THE SERVICER:
Name of Servicer: OCWEN
Address: P.O. BOX 24737
WEST PALM BEACH, FL 334164737
Phone Number: 800-310-9229
Fax Number: 407-737-6300
Contact: Early Intervention Dept
EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged
property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to
remove you and your furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You may or X may not (CHECK ONE) 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 CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR
DEFAULT MORE THAN THREE; (3) TIMES IN ANY CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER
LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT OUN ELING AGENCIES SERVING YOUR COUNTY
DACT91Z1
I his communication is from a debt collector attempting to collect a debt; any information obtained will be used for that
purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not
intended as and does not constitute an attempt to collect a debt
NMLS # 1852
FORM 1 C a
N
3
IN THE COURT OF COMMON PLEA> OF Zr
HSBC Bank USA, N.A. as Trustee CUMBERLAND COUNTY, PENNSYLVANIA ?? G 00
Plaintiff(s) ?2
C?
VS. 2 C
x
Maria C. Shaffer -'?
?0Q- INS's Defendant(s) Civil
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
C
71 7W
+: .
3 O
r t
.
If you own and live in the residential property which is the subject of this foreclosure actio ., you may be able to
participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender.
If you do not have a lawyer you must take the following steps to '.Ie eligible for a
conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MiclPenn Legal
Services at (717)243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of :i legal representative,
at no charge to you. Once you have been appointed a legal representative, you must prompth• meet with the legal
representative within twenty (20) days of the appointment date. During that meeting, you twist provide the legal
representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If
you and your legal representative complete a financial worksheet in the format attached hereto, the Ic;al representative will
prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Cour within sixty (60) days
of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled, you will have an
opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender
before the mortgage foreclosure suit proceeds forward.
If you 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 MiclPenn' Legal Service for the
appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that
a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format
attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed
with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation
conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out
reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE
STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectfully submitted:
7/13/12 _ J e.
Date Si at re of Counselorlaintiff
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must consider your circumstances to determine
possible options while working with your
Please provide the following information to the best of your knowledge:
Borrower name (s):
Property Address:
City: State: Zip:
Is the property for sale? Yes El No F1 Listing date: Price: $
Realtor Name: Realtor Phone:
Borrower Occupied: Yes E] No F
Mailing Address (if differe nt)
City: State: Zip: _
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
CO-BORROWER
Mailing Address:
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email
# of people in household: How,long?
FINANCIAL INFORMATION
First Mortgage Lender:
Type of Loan:
Loan Number: Date You Closed Your Loan:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Total Mortgage Payments Amount: $
Date of Last Payment:
Primary Reason for Default:
Included Taxes and Insurance:
Is the loan in Bankruptcy? Yes.[] No ? If yes, provide names, location of court, case number & attorney:
Assets Amount Owed:
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: Amount owed: Value:
Monthly Income
Name of Employers:
1.
2.
3.
Additional Income Description (not wages):
1.
2.
Borrower Pay Days:
Monthly Gross
Monthly Gross
Monthly Gross
Value:
Year:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2n Mortgage Utilities
Car Payment(s) Condo/Neigh. Fees
Auto Insurance Med. (not covered)
Auto fuel/repairs Other Prop. Payment
Install, Loan Payment Cable TV
Child Support/Alim. Spending Money
Day/Child Care/Tuft. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income and Expenses:
Have you been working with a Housing Counseling Agency?
Yes ? No ?
If yes, please provide the following information:
Counseling Agency:
Counselor:
Phone (Office):
Email:
Monthly Amount: _
Monthly Amount:
Co-Borrower Pay Days:
Fax:
Year:
Monthly Net
Monthly Net
Monthly Net
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?
Please provide the following information, if know, regarding your lender or lender's loan
servicing company:
Lender's Contact (Name):
Servicing Company (Name):
Contact:
I/We, _
named
purpose of evaluating
understand that I/we
named
Phone:
Phone:
, authorize the above
to use/refer this information to my lender/servicer for the sole
my financial situation for possible mortgage options. I/we
am/are under no obligation to use the services provided by the above
Borrower Signature
Date
Borrower Signature Date
Please forward this document along with the following information to lender and
lender counsel:
V Proof on income
V Past 2 bank statements
V Proof of any expected income for the last 45 days
V Copy of a current utility bill
V Letter explaining reason for delinquency and any supporting documentation
V (hardship letter)
Listing agreement (if property is currently on the market)
V Copy of 2 years of federal income tax returns
V Copy of deed
FORM 3
HSBC Bank USA, N.A. as Trustee
Plaintiff(s)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
Maria C. Shaffer
Defendant(s)
REQUEST FOR CONCILIATION CONFERENCE
Civil
Pursuant to the Administrative Order dated , 2012 governing the Cumberland
County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as
follows:
1. Defendant is the owner of the real property which is the subject of this mortgage
foreclosure action;
2. Defendant lives in the subject real property, which is defendant's primary
residence;
3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion
Program: and has taken all of the steps required in that Notice to be eligible to participate in a
court-supervised conciliation conference.
The undersigned verifies that the statements made herein are true and correct. I understand that
statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to
authorities.
Signature of Defendant's Counsel/Appointed
Legal Representative
Signature of Defendant
Signature of Defendant
Date
Date
Date
FORM 4
HSBC Bank USA, N.A. as Trustee
Plaintiff(s)
vs.
Maria C. Shaffer
Defendant(s)
AND NOW, this day of
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Civil
,20 , the defendant/borrower in
the above-captioned residential mortgage foreclosure action having filed a Request for
Conciliation Conference verifying that the defendant/borrower has complied with the
Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby
ORDERED AND DECREED that:
1. The parties and their counsel are directed to participate in a court-supervised
conciliation Conference on
at . M. in
at the Cumberland County Courthouse, Carlisle, Pennsylvania.
2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the
defendant/borrower must serve upon the Plaintiff/lender and its counsel a copy of the
"Cumberland County Residential Mortgage Foreclosure Diversion Program Financial
Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon
agreement of the parties in writing or at the discretion of the Court, the Conciliation
Conference ordered may be rescheduled to a later date and/or the date upon which
CASE MANAGEMENT ORDER
service of the completed Form 2 is to be made may be extended. Upon notice to the
Court of the defendant/borrower's failure to serve the completed Form 2 with the
time frame set forth herein or such other date as agreed upon by the parties in writing
or ordered by the Court, the case shall be removed from the Conciliation Conference
schedule and the temporary stay of proceedings shall be terminated.
3. The defendant/borrower and counsel for the parties must attend the Conciliation
Conference in person and an authorized representative of the plaintiff/lender must
either attend the Conciliation Conference in person or be available by telephone
during the course of the Conciliation Conference. The representative of the
plaintiff/lender who participates in the Conciliation Conference must possess the
actual authority to reach a mutually acceptable resolution, and counsel for the
plaintiff/lender must discuss resolution proposals with the authorized representative
in advance of the Conciliation Conference. If the duly authorized representative of
the plaintiff/lender is not available by telephone during the Conciliation Conference,
the court will schedule another Conciliation Conference and require the personal
attendance of the authorized representative of the plaintiff/lender at the rescheduled
Conciliation Conference
4. At the Conciliation Conference, the parties and their counsel shall be prepared to
discuss and explore all available resolution options which shall include: bringing the
mortgage current through a reinstatement; paying off the mortgage; proposing a
forbearance agreement or repayment plan to bring the account current over time;
agreeing to tender a monetary payment and to vacate in the near future in exchange
for not contesting the matter; offering the lender a deed in lieu of foreclosure;
entering into a loan modification or a reverse mortgage; paying the mortgage default
over sixty months; and the institution of bankruptcy proceedings.
5. All proceedings in this matter are stayed pending the completion of the scheduled
conciliation conference.
BY THE COURT,
J.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
y7FF „F :;
AIJG; 23 A It1 c
! M[? "ice sJt I
HSBC Bank USA, N.A.
vs. Case Number
Maria C. Shaffer 2012-4455
SHERIFF'S RETURN OF SERVICE
08/20/2012 02:0Q PM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on August 20,
2012; at 1400 hours, he was unable to serve a true copy of the within Complaint In Mortgage Foreclosure,
upon! the within named defendant, to wit: Maria C. Shaffer. Request for service at 11 Hillcrest Drive,
Mecljanicsburg, Pennsylvania 17055 now known as 11 Hillcrest Drive, Grantham, Pennsylvania 17027
was attempted five times, and the Deputies were unable to reach anyone at this residence.
SHERIFF COST: $38.00 SO ANSWERS,
August 20, 2012 RON R ANDERSON, SHERIFF
?ounivS;ute ?!;cr!t 7e?zc^.o'.t. I^c
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY
CIVIL ACTION - LAW
KEVIN P. DISKIN, ESQ. =
STERN & EISENBERG, PC ='s
The Pavilion
Y
261 Old York Road, Suite 410 ,
Jenkintown PA 19046
(215) 572-8111
' •
I.D. #86727 --
HSBC Bank USA, N.A., as Trustee on behalf of
ACE Securities Corp. Home Equity Loan Trust
and for the registered holders of ACE Securities
Corp. Home Equity Loan Trust, Series 2005-SD2,
Asset Backed Pass- Through Certificates, by its
Attorney-in-fact Ocwen loan Servicing LLC
v.
Maria C. Shaffer
Defendant(s)
Civil Action Number:
.a-4NSS OL-U? (
ORDER TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE
To the Prothonotary:
Kindly mark the above captioned matter as settled, discontinued and ended, without
prejudice, upon payment of your costs only.
STE N R ,PC
BY:
ns)Ara.0.U: aI?.
Attorney for Plaintiff Tk ID SDW101
10/18/2012