Loading...
HomeMy WebLinkAbout12-4852STEVEN 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) yr I ..t -0FF 1 3 4_ 2012 AUG - 3 AM 10: 5 S CUMBERLAND COUNT' PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Wells Fargo Bank, N.A., as Trustee for the Pooling and Servicing Agreement Dated as of November 1, 2004 Asset-Backed Pass-Through Certificates Series 2004-WHQ2, by its attorney in fact, Ocwen Loan Servicing LLC. 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 V. John T. Blackburn 710 S West St Carlisle, PA 17013-4116 Defendant(s) Civil Action Number: P - q y so? COMPLAINT IN MORTGAGE FORECLOSURE CIVIL ACTION - MORTGAGE FORECLOSURE dvd 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. QA #& ,p3 7s }- ?S-79'3 ? '9660-1 Q 735'gA a? 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) 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 Wells Fargo Bank, N.A., as Trustee for the Pooling and Servicing Agreement Dated as of November 1, 2004 Asset-Backed Pass-Through Certificates Series 2004-WHQ2, by its attorney in fact, Ocwen Loan Servicing LLC. 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 V. John T. Blackburn 710 S West St Carlisle, PA 17013-4116 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) dial 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 continuar 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 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. previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones 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 Name por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir asistencia legal. Lawyer Referral and Information Service (Asociacion de Licenciados Servicio de Referencia e Informacion 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 Wells Fargo Bank, N.A., as Trustee for the Pooling and Servicing Agreement Dated as of November 1, 2004 Asset-Backed Pass-Through Certificates Series 2004-WHQ2, by its attorney in fact, Ocwen Loan Servicing LLC. 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 V. John T. Blackburn 710 S West St Carlisle, PA 17013-4116 Defendant(s) Civil Action Number: COMPLAINT IN MORTGAGE FORECLOSURE COMPLAINT CIVIL ACTION - MORTGAGE FORECLOSURE 1. Plaintiff is Wells Fargo Bank, N.A., as Trustee for the Pooling and Servicing Agreement Dated as of November 1, 2004 Asset-Backed Pass-Through Certificates Series 2004- WHQ2, by its attorney in fact, Ocwen Loan Servicing LLC. (hereinafter referred to as "Wells Fargo Bank, N.A., as Trustee,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 John T. Blackburn , adult individuals with a last-known address of 710 S West St, Carlisle, PA 17013-4116. 3. Under date of 10/26/2004, defendants executed and delivered to Argent Mortgage Company, Inc. a Limited Liability company a mortgage upon the property 300 Peach Glen Road, Gardners, PA (the "Property")to secure the payment of the sum of $120,000.00. The said mortgage is recorded in the Office for the Recording of Deeds in and for Cumberland County on 11/19/2004 at Book: 1888 & Page:2680 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 Argent Mortgage Company, Inc. a Limited Liability company (Originating Lender) to Wells Fargo Bank, N.A., as Trustee for the Pooling and Servicing Agreement Dated as of November 1, 2004 Asset-Backed Pass-Through Certificates Series 2004-WHQ2, was prepared and is in the process of being recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania. 5. Said Defendant(s) are the real owners of Property 300 Peach Glen Road, Gardners, PA 17324. 6. 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". 7. The said loan is in default as a result of the failure to pay the monthly installments of $874.79 due on December 1, 2011 and on the same day of each month thereafter. 8. The following is due on the loan: PRINCIPAL BALANCE ....................................................... $114,380.10 INTEREST accrued thru 04/01/2012 of ............................... $1,728.09 Interest after 04/01/2012 shall accrue at the per diem rate of $11.44.) LATE CHARGES accrued thru 04/01/2012 of ..................... $257.32 Late charges after 04/01/2012 shall accrue at the monthly rate of $36.76.) ESCROW BALANCE ........................................................... $829.76 FEES BILLED ....................................................................... $613.00 ATTORNEY'S FEE .............................................................. $5,700.00 LESS SUSPENSE (If any) .................................................... ($73.52) TOTAL .................................................................................. $123,434.75 The attorney fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be 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, Wells Fargo Bank, N.A., as Trustee,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 $114,380.10 plus interest thereon of $1,728.09 plus $11.44 per day from 04/01/2012 until judgment is paid in full, late charges of $257.32, plus late charges of $36.76 per month from 04/01/2012 until judgment is paid in full,fees billed of $613.00,attorney's fees of $5,700.00and 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: ITEVEN K. EISENBERG, ESQUIRE C?KEVIN P. DISKIN, ESQUIRE ? JOSEPH K. REJENT, ESQUIRE ? LEN M. GARZA, ESQUIRE Attorney for Plaintiff Date: April 1, 2012 VERIFICATION I, the undersigned, an authorized representative on behalf of, Wells Fargo Bank, N.A., as Trustee for the Pooling and Servicing Agreement Dated as of November 1, 2004 Asset-Backed Pass-Through Certificates Series 2004-WHQ2, 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: ? 19 - I f? ement N,,MeiiSSS . KeefContract Me Title. Coordinator Wells Fargo Bank, N.A., as Trustee or the Pooling and Servicing Agreement Dated as of November 1, 2004 Asset- Backed Pass-Through Certificates Series 2004-"Q2, by its attorney in fact, Ocwen Loan Servicing LLC. MB F?7 P. ' tEGLr. RECq;j0r- 1 ilf [ j Z?Y tVii U P11 3 Prepared By:Axgant Mortgage Company. Return To: 'J4t3it11°aS Cos k l] 4 ?jm pilu app LF,C One City Boulevard Vest, orange , CA M=5317 law. 92868 ..,. (&70) 92044 Parcel Number- 08-16-0210-002C to D O 4 Oo tSpw* Ab.ne 7Ws Lh* For Roowdwc VVAA1 - MORTGAGE DE RNITiONS Words used in multiple semons of this dommem are defined below and other, words am defined m Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage: of words used in this doa mcnt are also provided in Section 16. (A) "Sean* I>a bmweat" means this documerit, which is datedOatvbar 26, 2004 together with all Rideas to this documGat. (B) "Borrower" is i0m T. Br, rRN Borrower is the rnmgagor under this Security Imtsiumm. (C) "LamW is Argent mortgage company, LLC Leader is a Limited Id abi2i.ty Company 0063582293 - 9501 P£MN&YtVANW - Single Family - Fannie Wee/Fredck Nac UIN OW INSTRt!mENT Form 3039 1101 4ft4l,PA)M0a1 `L- 7- 7? vv 20f26F2004 12:22:47 i•`rg. i at t6 iNtcrh: VMP MORTGAGE FORMS - (800)621•7291 -' HK 1888PG2680 11 1 1 A organized and existing under the lava of Delaware T b..ae...s addr°°" : n...._ ni ti n asp.-sz?u--w Most 0 ger CA-921-969 Lender is the mortgagee under this Security instrument. (D) "Note" means the promissory note signed by Borrower and dated0ctober 26, 2004 The Note states that 8ormwer owes Leader one hundred twenty thousand and 00/100 Dollars (U.S. $120,000.00 ) plus intemt_ Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than November 1, 2034 (L) "Property" means the property that is described below under the heading 'Transfer of Rights in the Property." (F) "Loon" meatus the debt evidenced by the Note, plus interest, any prepayment oisa 1m and late charges due under the Note, and att. sutra due under this Sty irity h=rn ettt, Flat interest. (G) "Riders" means an Riders to this Security Instrzunrnt that ate executed by Borrower. The following Riders are to be executed by Borrower pbeck box as applicable): ® Adjustable Rate Rider 0 Condominium Rider ? Second Home Rider0 Balloon Rider F-1 Planned Unit Development Rider [0 1-4 F=ly Rider Q VA Rider C] Biweekly Payment Rider ED other(s) (specify] (H) 'Applkable Law" means all controlling applicable federal, state and local sta uses, regula low, ordinances and administrative riles and orders (that have the effect of law) as well as all Vplicable final, non-appealable judicial opinions. (1) "Community Association Dues, Fees, and Awessaumts" means all dues, fees, assessmerits and other charges that are imposed on Borrower or the Property by a condominium association, homeowntrs association or rimiltt Organization. (J) "Electrork Mmds Trsmfrsr" mrmts any truster of fiords. other than a transwtion originated by cbeclt, draft, or similar paper insmurient, which is initiated through an electronic terminal, telephonic insw muent, computer, or magnetic tape so as to order, ins twt, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, actor ntted teller machine transactions, transfers initiated by telephone, wire transfers. and automated clearinghouse transfers. ([) "Escrow Items" mint those items that are described in Section 3. (L) "bliikxtlaneotns Fmceeds" mesas any compensation. settlement, award of damages, or proceeds paid by any third parry (other than innocence proceeds paid under the coverages described m Section 5) for: (i) damage to, or destruction of, the Property; iii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) missepnsentatiotu of, or omissions as to, the value and/or condition of the Property. (M) Wort;pp Insurance" means insurance protecting Leveler against the nonpayment of, or default on, the Loan. (N) "Periodic Pay, aeuit" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) my amounts under Section 3 of this Security Instrument. 0063SBIIS?- 9501 Imo. evPA)*wa) P.Q,2of'e 10/26/2004 12:22:47 F-338 1101 A!888PG2681 (0) "RE PA" meats the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et xq.) and its time, or any additional or successor legislation or regulation that govern the same subject matter. As used in this Security Inststtment, "RESPA" refers to all requirements " restrictions that am impau d in regard to a "federally related mortgage loan" even if the Loan does not qualify as a 'federally related mortgage loan" under RESPA. (1) "Successor In Interest of Borrower" means any party that has taken tide to the Property, whether or not dial party has assumed Borrower's obligations under the Note and/or this Security Lostrumert. TRANSFER OF RIGHTS IN THE PROPERTY This Security hsstncnteat saeuna to La da. (i) the repaymau of the Loan, and all mtewals, extensions Am modifications of tut: Nooc; and (ii) the performance of Borrower's covenants and agreemmta uWer this Security 109rumew and the Note. For this purpose, Borrower dons hereby mortgage, grant and convey to Lender the following described property looted in the Coaaty rTYPC of Recut g Jtutad COD2[ of C [N- of Rea A4K Ilttia$ctioal: rxCAL DZ3CWPTI0N ATTAcMM aERBTO Am molt A pmtT Rzp=t: which currently has the addrrss of 300 MUM GLM ROM CAS ("Property Address')- Ill ICut'l, Peuasylvania 17324 [Zip Code) TOGETHER WITH all the improvements now or harafter erected on the property, and all easements, appurtenances, and fixtures now or bcreafhx a pact of the property. All zeplacemeats and additions shall also be covered by this Security haU maent. All of the foregoing is referred to in this Security Instrument as the 'Property. " 0063581153-5501 molar: APAt Moe) Papa 3 of 16 10/26/2004 12:22:47 Poem 30W 1101 BKI888PG2682 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the - tneumbrance s of record. Borrower warrants and will defend generally the tide to the Property against all claims and demands, subject to ray encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited vaxWons by jurisdiction to constitute a uniform security instrument covering real property- UNIFORM COVENANTS. Borrower and Leader covenant and agree: as follows: 1. Payment of Pkiadpd, Int erw, F4=w Itaua, Papsymost Ch rgea, send Late Charges. Borrower shall pay when duo 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 fiords for Escrow item pun ant to Section 3. Payments due under the Note and this Security bos vracet shall be nvA-? in U.S. currency. However, if any check or other instrument received by Lender as psymna =Wa the Note or this Secttrfry U=rn rax is returned to Leader unpaid, Leader may requiro that any or a subsogUeat payments due under the Note and this Security Inshumat be made in one or more of the following fortes, as selected by Lender: (a) cash; (b) phoney order; (c) coed check bank check trcmurer'3 chock or cashier's chock, provided any such check is drawn upon an institution whose deposits are insured by a fedcrA agency, inauumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated m the Note or at such other location as may be designated by Lender m accordance with the notice provision in Section 15. Leader may return any payment or partial payment if the payment or partial payments art insufficient to bring the Loan current. Leader may accept any payer or partial payer iasuffmieat to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future. but Leader is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Leader need not pay interest on unapglnd funds, header may bold such unapplied funds vntid Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable- period of time, Lender shall either apply such fiords or return them to Borrower. If not applied earlier, such finds will be applied to the outstanding principal balance trader the Note immediately prior to foreclose m No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from raking payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrttn ent. 2. Appt[cafioa of T15tynnetuufs or Ptnoeets. Except as otherwise dezcrt'bed in this Section 2, all payments armed and applied by Leader shall be applied in the following order of priority; (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became duo. Any hag amounts shall be applied first to lane charges, second to any other aamovi is due under this Security Insmiment, and then to reduce the principal balance of the Note_ If Leader receives a payment from Borrower for a delinquent Periodic Payment which inchudcs a sufficient amours to pay any late charge due, the: payment may be applied to the delinquent payment and the late charge:. If more than tine Periodic Payment is outstanding, Lender may apply any paymau received from Borrower to the repayment of the Periodic Payments if, and to the extant UM. each payment can be 0063581193 - 9501 / inures: &PAt ioc oa) P- 4 of 1 a 10/26f2004 12:22:47 Fern 3033 1101 BKI888PG2683 paid in full. To the extant that any excess exists after the payment is applied to the ftffl payment of one or mnrv tsnrirvtir. ?avrrwnr ?arh er g ] jp ] jam'. TBj? gy ? all be apptied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. I'owk for Farrow Item. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, uncoil the Note is paid in full, a sum (the "Funds") to provide for payment of aamunts due for: (a) taxes and assessmr> is and other items which can attain priority over this Security Instrtuma>t as a lien or encumbrance on the Property; (b) leasehold payments or gmuotl rents on the Property, if any; (c) prerniurns for any and alt isauanm ugnired by Lender under Section 5; and (d) Mortgage Innn=ce premiums, if any, or any sums payable by Borrower to Lender in Beer of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These its are called 'Escrow Items." At origination or at any time during the term of the Loan, Laaader may require that Comminity Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and ammme nts sha11 be an Escrow Item. Borrower shall pmouvily furnish to Laster all notices of MICU s to be paid under this Soctiom. Borrower sYdall pay Lender the Funds for Escrow items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. I.aoder may waive Borrower's obligation to pay to Linder Funds for any or all Escrow Items at nary time. Any such waiver my only be in writing. In the event of such waiver. Borrower shall pay directly, when and where payable, the amounts due for any Escrow item for which payment of Funds has been waived ty Laxler and, if I.mdex roquirns, shall furnish to Lender receipts evidencing rx% payment within such time period as Leader may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be domed to be a covenant and agreement contained to this SeGtnrity Instrument, as the phrase 'covenaut and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver. and Borrower faits to pay the amount duc for an Escrow hem, Lender may exercise its ri&bts under Section 9 am pay such amount and Borrower shall then be obligated under Section 9 to repay to Leader any such amount- Lender may revolm the waives as to any or all F..scmw Items at any time by a notice given in accordance with Section 15 and, upon Bach revo , Borrower shall pay to Lender all Funds, and m such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an aarount (a) sufficient to permit Lender- to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum mount a tender can require under RESPA. Lander shall estimate the atno7uaot of funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any FekrA Homo: Loan Bank. Lerner shall apply the P ands to prey the E=scrow Item no later tban the time specified under R2ESPA. Leader- shall not charge Borrower for holding and applying the P110113, 3MRWIY anaty2mg ulna escrow account, or verifying the Ewrow Items, unless Lender pays Borrower interest on the Fonds and Applicable Law permits Leader to maim stach a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree is writing-, however, that interest 00635@2393-9501 a,n"w: evFAtowsi P-50t'6 10/26/2004 12:22:47 Forces3938 thou Bk1888PG2684 shall be paid on the Fonds. Lender shall give to Borrower, without charge. an annual accounting of the if there is a surplus of Funds held in escrow, as defned under RESPA, Leader shall account to Borrower for the excess fiends in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as rapgreit by RESPA, and Borrower shalt pay to Lender the amonuit necessary to maim up the shortage in accordance: with RESPA, but in no more than 12 mom:Wy payments. If tb= is a defieie ncy of Funds held in escrow, n defined under RESPA, Lender shalt notify Borrower as required by RESPA, and Borrower shalt pay to I efldcr the amount necessary to make up the deficiency in accordance with RESPA, but in no mare than 12 monthly payments. Upon paymeew in full of all sums secured by this Semity Instrumem, Leader shAl promptly refund to Borrower any Furls held by Lender. 4. Charges; Liew. Borrower shall pay all taxes, asatsswa ts, d ualm, fines, and impositions attributable to the Property which can attain Priority over this Security Imur>ment? leasebold Payments or ground rem on the Property, if any, and Community Association Dues, Fees, and Asseameats, if any. To the extent that these imm are Escrow Items, Bormwer shall pay then in the: manner provided in Section 3. Bomwer shall pronVOy dwcharge any lint wbxh has priority over this Security Instrument unless Borrower (a) agrees is writing to the payment of the obligation secured by the lien in a matmer acaptabie to leader, but only so tong as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which is I ezrler's opinion operate to prevatt the erd%rcamnd of the lien while those proceedings are pending, but only trail such proowdings are conchided; or (c) secures from the holder of the lie=u an agrema t satisfactory to header subordinating the lien to this Security Insmunent. If Leader determines that any part of the Propety is subject to a lien winch cam. attain priority over this Sec mty hwumeut, Lender may give Borrower a notice kk afying the lien. Within to days of the date on which that notice is given, Borrower shall satisfy the lien or take one or rmne of the actions set forth above in this Section 4. Leader way ueTure Borrower to pay a one4ime charge for a real estate tax verifmion and/or retorting service used by Lender m coemechm with this Loan. 5, Property howcance. Borrower shall keep the impmvaueats now existing or hereafter aecW on the Property inured against loss by fire, hazards included within the teen *exte nded coverage:," and any other hazards including. but not limited to, earthquakes and floods, for which Lender requires insurance- This mu aaee shall be maintained in the amounts (irclu dims deductible levels) aid for the periods that Lender ro uires. What Lender requires pursuant to the preceding sentences can change during the tram of the Loan. The inguranoe carrier providing the ma mee shall be cbmen by Borrower subject to Leader's right to disapprove Borrower's choice, which right shall not be. exercised unreasonably. Leader may require Borrower to pay. in aotmoection with this Loan, either. (a) a one-time charge for flood zone dcterrnination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subseTwnt charges each time remagpings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. 0063581193 - 9501 aw+w: MV PA) eomee P-s" to 10/26/2004 12:22:47 Fern 3039 1101 Bt 1888PG2685 If Borrower fails to maintain any of the ooverages described above, Leader may obtain inmrancc oa and-&? ew-to-pomh:ae so particular type or amount of coverage. The refore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or lability and might provide greater or lesser coverage than was previously in effect. Borrower aclmowledges that the cost of the insurance coverage so obtained might signi5cmtiy exceed the cost of MWrM= that Borrower could have obtained. Any amormts disbursed by Lender under this Section 5 shag become additional debt of Borrower secured by this Security Instrument. These amaunis shall bear interest at the Note rate from the date of disbutseme a and shall be payable, with such ice, upon notice from tender to Borrower requesting payment- All insurance policies required by Leader and renewals of such policies shall be subjects to Lender's night to disapprove such policies. shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional lass payee. Lender shall have the right to bold the policies and mmewal oertificates_ If Lender requires, Borrower shall promptly give to Lender all raxaQts of paid premiums and renewal notices. If Borrower obtains any form of imaraace coverage, not otberwiae ragrired by Leader, for damage to, or destruction of, the Property, such policy shall include a standard mortgage ciauso and shalt name Leader as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the iauuaax carrier and Leader. Leads may make proof of loss if not grade ptomptly by Borrower. Unless Lsanier and Bonower otherwise agree in writing, any insurance preowds. witether or not the underlying insurance was reed by Lender, shall be applied to restoration or repair of the Noperty, if the restor4tiao or repair is caxwoni ally feasible and Lexader's mmurity is not lessened. During such repair and restoration period, I.errder shall have the right to bold such insurance proceeds until Leader has had an opportunity to inspect such Property to eesune the work: has been completed to Leader's satisfaction, provided that such inspection shall be undertaken promptly. Leader may disburse proceeds for the repairs and restoration in a singe payment or in a series of progress payments as the work is compiled. Unless an agreemtrt is made in writing or Applicable Law requires interest to be paid on such W aaanoe proceeds, Leader shad not be re gAted to pay Borrower any interest or earnings on such pncce s. Foes 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 irskoratlon or repair is not economically feasible or Leader's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such irmnance proceeds shall be applied in the order provided for in Se ctim 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from I cycler that the insurance carrier has 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, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instnunem, and (b) any other of Borrower's rights (other- than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the: Property, insofar as such rights are applicable to the coverage of the Property. Leader may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Ins;nnre nt, whether or not then due. 0063561193 - 9501 irniw: 4MVPR1 Mmi ?. a sa 10/26/2004 12:22-47 Form 3039 l/o, BX F 888r1 2666 6. Occupancy. Borrower studI occupy, establish, and use the Property as Borrower's principal meirtnnrr. within !Vn /rave efttr t}w M?iZ-o??IS-?i ? Q?j??jg -- Property as Borrower's principal residence for at least one year after the date of occuliancy. Mess Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating cireumgtances exist which are beyond Borrower's control. 7. Prtaft don, MaletessaDce and Protection of the Property; Impecdoas. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whetter or not Borrower is residing in the Property, Borrower shall maintain the Property in order to pmvtmt the Property from deteriorating or decreating in value due to its conditim. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible. Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. if main-mce or condemnation proceeds are paid in connection with damage to, or the taking of, the Properly, Borrower shall be responsible: for repairing or restoring the Property only if Leader has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restosmian in a singly payment or in a series of progress payments as the work is completed. If the insurance or condemnad= proceeds an not stiffircuat to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Larder or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender SW give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause, & Berrowa's Locum Appiladion. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the dire tion of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or its to Lander (or faded to provide Leader with material information) in connection with the Loan. Material representations bmchide, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Ptot"d" of Leader's Interest in the Property MW Riots Um>dw this Setarrttf Insttanrat. If (a) Borrower fails to perform the ommnams and agreement:: contoured in this Security Irrstrumew, (b) there is a legal proceeding that might significantly affect Fender's inbere+st in the Property and/or riglits under this Security Insnumeut (such as a proceeding in bamkngAcy, probate, for condemnation or forfeiture, for enforcement of alien which may attain priority over this Security Instrument or to enforce taws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lmder's interest in the Property and rights under this Seutrity Instrument, inchtding Protecting and/or assessing the valut of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to. (a) paying any sterns secured by a lien which has priority over this Security Instrument. (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights render this Security Instrument, including its secured position in a banirtrptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, grange locks, replace or board up doors and windows, drain water f o m pipes, eliminate building or other code violations or dangerow conditions, and have utilities turned on or off Although Lender may take action under this Section 9, Lender does not have to do so and is not wider any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking auy or alt actions authorized under this Section 9. 0063581193-9501 Inftwe- evPAt toooei P'"80"" 10/26/2004 12:22:47 foam 3439 Tlot Bt1888PG2687 amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower r this Security Instrument. These amounts shall bear karest at the Note rata from the date of disbursement and shall be payable, with such interest, upon notice from Leader to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shalt comply with all the provisions of the lease- if Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Leader agrees to the merger in writing. 10. Mortgage lautraam If Lender required Mortgage Insurmce as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. it, for any reason, the Mortgage Insurance coverage requited by Leader ceases to be available from the mortgage mum that premusly provided such mstuaum and Borrower was required to mab: sepatatey desikprtted payments toward the praniumts for Mortgage hhsmaacx, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage lamuance previously in effect, at a coat subaarinally equivalent to the out to Borrehver of the Mortgage Irmtonce previously in effect, from an alftrnate mortgage insurer seteded by Lender. If substantially equivalent Mortgage hmirinc a coverage is not available, Borrower shaft continue to pay to Lender the amount of the sepiarody designated payments that went due when the imura im coverage ceased to be in effect. Lead" will accept, use and retain these payrnants as a non-refundable loss reserve in lieu of Mortgage haurmm. Such loss reserve dan be non-refundablto, notwithstaxHug the fact that the Loan is ultimately paid in full, and I.cuotler shall not be required to pay Borrower any interest or earnings on such loan reserve. I.excda can no longer require loss rc wve payments d Mortgage lmuatrce coverage (in the ahnuunt and for the period that header requires) provided by an inmm selected by Lauder again becomes available. is obtained, and Rader roc lh= separately designated payments toward the premiums for Mortgage Insmatice. If Leader reemtrd Mortgage Insurance as a condition of making the Loan and Borrower was required to make separatey designated payments toward the premiums for Mortgage Insurance, Borrower sW pray the premiums required to maintain Mortgage Insuraom in effect, or to provide a non-refundable loss reserver, until L.ender's requuwneat for Mortgage Insurance ends in accord= with any written agmemeat between Borrower and Under- Providing for such termination or until tcrnimation is roquirs d by Applicable Law. Nothing in this Section to affects Borrower's obligation to pay interest at the rare provided in the Note. Mortgage laacranm min>burses Lender (or any entity that penrelmsts the Note) for certain losses it may inter if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agmnents with other parties that share or codify ft r risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agrocmcnts. These agreements may require the mortgage mum to make; payments using any solace of finds that the mortgage insurer may have available (which may include fends obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another innirer, any reinsuurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or n xNxing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed 'captive reinsurance." Further: (a) Any such agreemeW wfll not affect the movish that Borrower has agreed to pray for Mortgrrg+e hwavaee, or any other' arms of the Lunch. Suci agreaiesaft wW Wt le nape tie attawtttnt Bomwer will owe for Mortgage Insurance, aad they will not emtitle Borrower to aq re[aand. 0063581193 -'9501 evPA) moose Pa" 3 of t6 10/26/2004 12:22.47 Faro 3U39 1101 1% 1888PG2688 (b) Any sack agivesimsib Will not of tct the rights Borrewa has - N any - wkh reaped to the Act of 1!196 or raj odier law. Tbieae rlg6b may hxkde the right to reeetve exrtaln dtsdorrms, to regifast o Moragw buaxace, to beve are Numpre Inwrancs tomifoew au 0Mft*& y, anwer to receive a rdfi wd of any Mortgage Insurance presalatrte that were nnearsed at the acme of whit ammRsdon or tam. 11. A.asignnuat of M6adlantous Proceeds; Forfedtare. All Miscellwmn Proceeds are hereby assigned to and shalt be paid to Ladder. if the Property is damaged, such Miscellatueous Proceeds shat! be Applied to rrstomon or hair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lewder shall bAve the right to hold such Miscdianaous proceeds until L ndcr has had an opportunity to inspect such Property to a xism the work has boat c nVieted to Tender's safisfpction, provided that such impaction shall be undertaken promptly. I.tader may pay for the repairs and hestoratiosh in a single distxtranemz or in a series of progrem paymew as the work is c omplated. Unless an agr+eenva is made in writing or Applicable Law requiem imuXt a to be paid ou such Miscellaneous Prooeeds, Lender shall not be required to pry Bornowcw nay novae or eamiags on snob Miscellaawous Proceeds. If the restoration or repair is not a conowk ilty femme or L e:udet's security would be kwax d. the Mece3lancous Psocaods shall be appkud to the == see n 11 * by this Security lnetrumatt, whether or not 6m due, with the cmess, if any, laid to Borrower, Stich Miaodta mmx proceeds shall be applied to the order provided for in Section 2. In the evert of a total taking, destruction, or toss in va w of the Property, the Misceltvww Proceeds shat! be applied to the sums secured by this Security lnstnument, wbctbw or not then due, with the eawess, if any, paid to Borrower. In the event of a partial taking. deshwtion, or loss in value of the Property in which the air nwkcet value of the property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediatdy before the partial taking, dextma4on, or loss in value, unless Borrower and Leader otherwise ague in writing, the sums secured by this Security Instrument shaft be reduced by the amount of the ins proceeds multiplied by the following fraction: (a) the tout amount of the smas secured kmnediwdy before the partial Ming, destruction, or loss in value divided by (b) the fair mwimt value of the property trurnediady before the partial taking, destruction, or hiss is value. AAy balance shalt be paid to Borrower. In the eva4 of 9 partial taking, destruction, or toss in value of the Property in which the fair marimt vaiu a of the Property immediately before the partial taking, destruction, or loss m value is Jess than the amount of the slims secured immediately before the partial taideg, destruction, or loss in value, unless Borrower and L cadet otherwise agree in writing, the Mixelfane n Proceeds shalt be applied to the stems secured by this Security Instrument whether or not flhe stems are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to maitre an award to sane a claim for damages Borrower fails to respond to Leader within 30 clays after the date the notice is given, I e:~der is authorized to collect and apply the Miscella mis Proceeds either to restoration or repair of the property or to the sums seemed by this Security Instrument, wbether or not then due. *Opposing Party' meatus the third party that owes Borrower MLWCHattooua Proceeds or the party against whom Borrower-has a right of action in regard to Miscellaeeouus Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun thee, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Leader's interest in the Property or rights wider this Security Lasuritmew. Borrower can cure such a default and, if arccknoloo bas occurred, reinstate as provided in Section 14, by causing the action or proceeding to be 0063581143 - 9501 IMMS MVPAt mm '? tO of 1° 10/26/2004 22:22:47 F"m 3039 1101 1 888PG268 3 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material irrtpaurahart o?Etmde 'inter t iii the; f Per#y ox lights 1kr_ihis Rea,rety Twum oast The proceeds of arty award or claim for damages that ate attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Ferbe w%mce By Leader Not a Wainer. F,xtemsion of the time for payment or modification of amortization of the sums secured by this Security Instrument gamed by Lender to Borrower or airy 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 cotamrmee proceedings against any Successor m Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Seaaity Imuumm by reason of any demand made by the original Borrower or any Successors in IttEerex of Borrower. Any foi amance by Leader in ate any right or remedy including. without limitation, Undler'3 acceptance of payments from thud persons, evities or Successors m Interest of Borrower or in aaowmms less than the amount shush due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Seurat lUbility; C*44perz; Sacce sans rend Amlps BouemL Borrower covenuo and agrees that Borrower's obligations and liability sball be joint and several. However, any Borrower who co-signs " Security Instrument but does not exectue the Note (a 'so-sigocr'): (a) is co-signing this Security hztmm m d only to mortgage, grant and convey the co-signer`s intered in the Property under the terms of this Security Imtrument; (b) is not personally obligated to pay the sums saumd by this Security Ist ruzamt; and (c) agrees that Lender and trey odw Borrower can agree to extend, modify, forbear or make any accoramodanow with regard to the terms of ibis Security knauumni or the Note without the CC-SigDWS CDWCW. Subject to the provisions of Section 18, any Successor in L crest of Borruwer who a?ssumta Borrowces obligadow under this Security Instrumm in writing, and is approved by L: a icr. shall obtain all of Borrower's rights and benefits under this Security Insau went. Borrower shall not he released from Borrowees obligatiom and liability under this Security Instrument unless Lender agrees to such ukase in writing. The covenants and agreemem of this Sexaaity Instrument shall bind ("c eprt as provided in Section 20) and benefit the sumcssors and assigns of Leader. 14. Loa Cbargm Lender may charge Borrower foes for services performed in connection with Borrower's default, for Abe purpose of protecting Lender's imetru in the Property and rights under this Security Instrument. including, but wt limited to, attorneys' fees, property inspection and vale tion fen. In regard to my other feet, the absence of express authority in this Security Instrument to chap a spocefic fee to Borrower shall not W construed as a prohibition on the charging of such fee. Linder may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. if the Loan is subject to a law whits sets maximum Ion charges, and !drat law is finally irrtaprtted so that the interest or other loan charges collared or to be collected in connection with the Loan exceed the permitted limits, these: (a) any such loan charge shall be reduced by die a inn t neoesmy to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded perruiuW limits will be re boded to Borrower. larder may choose to rake this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a mfmd.reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refired made by direct payment to Borrower will cmutitutie a waiver of any right of action Borrower might have arising out of such overcharge. 15. Mod ca. All notices given by Borrower or Lender in c omwt ion with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Inatrtm m: shall bee deemed to 0063581193 - 9501 v y? &ft* , f 8{Pof t ,onset r.4. i a ?a 1012612004 12:22:47 Form 30" tto7 SKi888PG26 0 have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's nntict address if sent by other means. Notice to any ant Borrower shall constitute notice to all Barrowexs unless Applicable Law expressly requires othexwisc. The notice a00ress souw Be me rropcrty Aoun= unless Borrower bas designated a substinrtc notice addms by notice to Leader. Borrower shall promptly notify Lender of Borrower's Mange of address. If Lender specifies a procedure for Tepotti g Borrower's change of address, then Borrower shalt only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at my one time. Any notice to Leader shall be given by delivering it or by matting it by first class mail to Leader's address stated herein unless Ltmder has designated another address by notice to Borrows. Any notice in connection with this Security hatrument shall not be deemed to have been given to ltxeder unfit actually received by Lender. If any notice mprized by this Security Instrument is also required under Applichyle Law, the Applicable Law req uxememt will satisfy the corregm1mg: requitement under this Security Instrument. 16. G WWI law; Sever&MIky; Buttes of Co en. This Security Wouz tm>It shall be governed by federal law and the lawn of the jurisdiction in wbiclr the Property is Wood. All rights and obligations contained in this Security IUMMMOX are subject to any requiresnefts and limitations of Applicable IAw. Applicabh; Law migM explicitly or implicitly allow the parties to agree by contract or it sight be silent, but such stie m shalt tat be conatmhed 26 a prohibition M91hW 2V=VW by Contract. In the event am any provision or clam of this Security Instnanatt " the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Atone which cm be given effect without the canftictmg provision. As used in this Security fit: (a) words of the masculine: gender shall mesa and include corresponding neuter words or words of the feminine gender; (b) words in ft singulair shall roam and include the plural and vice versa; and (c) the word 'may" gives sole discretion without any obligation to tab.- any action. 17, Bonvwer's Co". Borrower shalt be given one copy of the Note and of this Security Instruc ace. 1g. Transfer nut the property or a Bewflcial Interat in Borrower. As used in this Section 18, ' haerest in the Property' means any legal or beneficial interest in the Property, including, but not limited to, those bes>dmiat interests t=fermd in a bond for deed, cosuract for eked, installment sales contract or escrow agreement, the intent of which is the tramfes of title by Borrower at a furore date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a n ant person and a beneficial interest in Borrower is sold or trwdeared) without Leader's prior written consent. Leader may n* sere immediate paycaraut in full of all sums secured by this Security Instrnmsem_ However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, leader shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date: the notice is given in accordance with Section 15 within which Horroweer must pay all stmms 3acured by this Security hutrwnant. If Borrower fails to pay these surw prior to the trim M of this period, I uteri may invoice any remedies permitted by this Security Iastntment without further wtice or d ud on Borrower. 19. Iswrow+ es Fj& to Re[ratate After Acodendou. If Borrower meets certain conditions, Borrower shall have the right to have a forcemee of this Security Instrument discontinued set any time prior to the tiniest of: (a) five days before We of the Property pur ant to sty power of sale contained in this Security lnaaume nt; (b) such other period as Applicable Law might specify for the terinhaazioa of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are drat Borrower: (a) pays Uorder all sums which their would be due under this Security Instrument and the Note as if no acceleration bad occurred; (b) caress any default of any other covenants or 0063581193-9501 ?? k*"*, MVPA) ttaoos) Paps t_ *1 18 10/26/2004 12.22:47 Forth 3039 1101 BK1888PG269i ag m es ts; (c) pays all expenses Mired in enforcing this Security Imtntment, including, but not limited -_- ---?$ aes?aad-otlr fees incurred for the - -- purpose of protecting Leader's interest in the Property and rights trader this Security Instrument: acid (d) takes such actuon as Lender, may reasonably require to assure that Lender's interest in the Property and rights under dais Security lustruument, and Borrower's obligation to pay the soma secured by this Security lnstrntneut, shall continue unchanged- Lmder may require that Borrower pay such re t sums and cqm&-es in one or more of the following forms, as selected by Lewder. (a) c3* (b) arone9 order; (c) certified check bank cheer, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits acre insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon remsiatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceletxtim under Section 18. 20. Sale of Note; CbmW of L.mn Service+r; Notice oti Grievance. The Note or a partial interest in the Note (together with this Security instrument) can be sold one or more titres without prior entice to Borrower. A sale might result in a change in fire entity (known as the "Loan SWAVer-) tt a mt2axs periodic Payments date under the Note and this Security Imtttmnwt surd performs. other mortgage loan servicing obligations under the Note, this Security lhsttttr+neat, and Appiiic" Lass. There also right be one or more changes of the Loan Serviccr unrelated to a sale of the Nate. If there; is a change of the Loan Servwer, Borrower will be given written notice of the dump which will state the name and address of the new Loan Servicer, the address to winds payments should be made and any other information RESPA requires in ccamection with a notice of transfer of servicing. If the Note is sold sad ttereatter the Una is serviced by a Loan Sesvicer other than the purchaser of the Note, the martgat,e loan servicing obligations to Borrower will remain with due Loan Servicer or be transferred to a such wor Loan Swncer and are not assumed by the Note purchaser unless otbtrwise provided by the Note purchaser. Neither Borrower nor Leader may coure me join, or be joined to any juudicW action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Securr" 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 Lander has notified the other party (with such notice given in compliance with the urquin emeats of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such entice to takc corrective action. H Applicable Law provides a time period which mmst elapse before certain action can be taken. that time period will be deemed to be reasonable for purposes of this paragraph. 'l'ire notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be donned to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hxardo= SWMtano s. As used in this Section 21: (a) "Hazardous Substances" are those mbst"m defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following subs m=-. gasoline, kerosene, other flanmuable or tome petroleum products, tonic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) Law" crapes federal laws and laws of the, jurisdiction where the Property is located that relate to health, safety or environmental protection; (e) 'Environmental Cleanup" includes any response action, rnma dial action, or removal action, as defined in Environmental Law; and (d) an "Euvironmetdai Condition" means a condition that can cause, contnMm to, or otherwise trigger an Environmental Cleasurp. 0063581193-9501 tnin"t,: MV PA) MM P,o"i301 16 10/26/2004 12:22:47 Faro 3039 1101 HK 1888PG2692 Borrower shall not cause or pernnit the presence, use. disposal, storage, or release of any Hazardous .s4 nr threaten to release any Hararelbw Substances, on or to the Property. Borrower dun not do, nor allow anyone else to do, anything affecting rise i"peny tat uteri is m vutanaun ur any nuvuuuazuuu Law, (b) which eaweates an Eaviromnmtol Condition, or (c) which, due to the premme, we, or release of a Hazardouu Substance, ereaws a condition that adversely affects the value of doe property. The pro mdiug two scntew- a shall not apply to die prasexx:o, use, or storage on the Property of small quantities of Hazardous Subsanno s that are generally recognized to be appropriate to normal residential uses and to mainummm of the Property (including, but not limited to, listardous sulistances in consanner prod%jets). Borrower shall promptly give Leader written notice of (a) any investigation, chum, demand, lawsuit or otter action by any governmental or regu owy agency or private party involving the property and arty Nazardow Subsu= or Enviroomettfai Law of which Borrower has actual Imowledp, (b) any Eavirozmseattal C oodWon, including but not limited to, any spilling, leaning, discharge. relrage or threat of release of any Hazardous Substx=, and (c) any condition caused by the preseaee, use or rekaee of a Hazardous Subet = which adversely afffocts the value of the Property. N Bomww kenos, or is notified by any g0vetvme5otal Or regulatory authority, Or any Private patty, that say removal or other ramediation of any Hazardous Subsume affecting the Property is nece&wy. Borrower sball pstaeWft take all necessary remedial actions in accordance with Envirurrmmtal Law. Nothing hehrdn slnll a+ate any Obligation on Under for an Environmental Ckamga. NON-UNIFORM COVENANTS. Borrower and I eYUder further Covenant and agree ss follows: 22. Acceleration; Res wiles. Lewder ahtaR SAW notice to Borrower prior b aoodaratiwa feilowlug Borrower's breach of airy comsat or agreemneat in theta Senartty I (but wt prior to socelamtion cruder Seetioo 13 valers Applicable law provides odwrwlse). i.eaider shall! aotity Borrower of, aumng outer t hW-. (a) the delimit; (b) the &Com re>rleelnetl b sore tits *hwk, (s) wisest the the ddaaak mutt be cared-, aaad (d) not tlwMur* to we by ? mnatin aecodendon of the assess seenrbd by title Seearfty Instrument, fbrecloore eels of the Property. Lender shall tihrtbter bu%rm Boer ewer of the right tea tdasfale atltta seodaam sad the right to assart In the formbeaan pmomdug the non woe at a ddwk or say other 113 op defewe n Borrower maT require require to acceleratim O Iniandlivie: Its t 60 of all su=m saeaererd by ddo SWWjjy bwtre mmt widient ftrrt6er dauumd and may foreclose d& Seem* Inaftwood by jaedieW , ,oo lies. Leader shill be entided to caolted alt espy hmsed In title ideseepr*vkMe Firl W edg& S0 e perniffted by b Indedlag„ but not N=W to, *tWveys' feet as Applicabk Lew. 23. Mew- Upon payment of all scans wcurod by this Security Inatnm ew. this Security h strument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recovilnotr coats- Lender may charge Borrower a fee for releasing this Security instrlttneW, but only if the foe is paid to a third party for services rendered and the ch2q*g of the fee is permitted under Applicable Law. 24. Wafters. Borrower, to the extent permitted by Applicable Law, waim and releases any error or defetets in procceditip to enfarce this Security butrumcnt, and hereby waives doe benefit of any present or fhmrre laws providing for stay of execution, ertemion of time, exemption Sum attachment, levy sand sale, and homestead exemption. 25. Relastdoacat Period. Borrower's time to reinstate provided in Soetion 19 shall extend to one hour prior to the cmumcement of bidding at a sheriffs sale ear Other sale pursuant to this: Sxurity Instrument. 2, Far Money Most;erge. If any of tlhe debt secured by this Sectuity bammeot is lent to Borrower to acgWre title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After J u gesemt. Borrower agrees that thu interest rate Mablc after a jug4pmt is entered on the Now or in an action of mortgage foreclosure shall be the rate payable fieom time to time under the Note. 00635$1193-9501 "4W evPA) moos/ rap. r? of ?s 10/26/2004 12:22:47 Fame 30x9 1107 eKI888PG2693 BY SIGNING BELOW, Borrower acm7ts and aSrm to the tams and covm ms containW in this secwry derieuecute"y Barro th it, Witnesses: Jt?HN ? . BIB -aorraw+er - (Scal) -Bonewwer _ (Seal) -Bottowm - (Seal) -Bompwer - (Sea() -Bonowrer - (Seal) -Bormwcr -(Seal) -Borrowar _ (Seal) -Borrower 0063581193-9501 /? a1PAI +oooe> p+w ?6 ?r ?a 10/26/2004 12 :22:47 Fe m 3039 1104 BKI888PG2694 . do hereby cer* that the correct address of the within-named Mortgagee is Witness my hand this ?y day of MonCMYser Agent of MwVagae COVMONWF-ALT14 OF PENNSYLVANIA County ss: On this thrs ?? day of GKIQ before me, Day /deer the undersigned ajficer, personally appeared J-Oh n T. - known to me (or satidactorily proven) to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged Haft helshelthey executed the same for the purposes herein contained- IN WITNESS WHEREOF, t hereunto set my hand and official seal. My Commission Expires: 4WI$PA (4M) & -- 'g0idX' c- Tuts of officer% COMMONWF-AL-T"H OF KtMyLVAMA hHafw see KbM NW A PtatX * CCxmaP?YOr) FJ9* tAt4 x Xw Member. Penng*WL. Mi? of WUda pa" t6 of is 0063581193-9601 1012e=04 12.22.47 FM SK ! 888PG2695 EDIT "A" All that certain tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: Beginning at a nail in the center of L.R. 21030, at the Southeastern corner of land now or formerly of Christian M. Otto and Susan M. Otto, his wife, thence by the center of said '0 ? 7 feet to a nail, thence bTth_esame, 1 a South 43 degrees 42 minutes 20 seconds West, 104.05 feet to a nail; thence by the same, South 53 degrees 29 minutes West, 100.05 feet to a nail; thence by land now or formerly of Frank L. Black and passing through an iron pin which is 34 feet from said center line, North 32 degrees 16 minutes 40 seconds West, 258.86 feet to an iron pin; thence by the same, North 46 degrees 04 minutes 50 seconds East, 206.89 feet to an iron pin; tbence by land now or formerly of Christian H. Otto and Susan M. Otto, his wife, South 32 degrees 25 minutes 30 seconds East, 266.30 feet to the place of beginning. BK 1888PG26.96 ADJUSTABLE RATE RIDER -(LIBOR4ilclex#As ubIW hecI-iert?eWatt-Sb*o0oucnat)" Rate Cobra) - - THIS ADJUSTABLE RATE RIDER is made this 26th day of October , 2004 and is Incorporated into and shag be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed the "Security Instrument" of the same date given the undersigned (the "Borrowe?" to *W00 to Argent secure Borrower's AWjustable Note described MMOW Security Company. me t (the "Lender") of the same date and c ng t located at: 3011 PEACH GLEN ROAD, GARDNERS, PA 17324 (Pmp" Addm") THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE 1 0'><E UMIT3 THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. in addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as folfowa: & INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 7.600 %. The Note provides for changes in the interest rate and the monthly paymer?ts, as foilows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) CharW Dot" The Interest rate t will pay may change on the first day of November, 2008 , and on that day every sixth month thereafter. Each date on which my interest rate could change is called a "Change Date.* (B) TtW Index Beginning with the first Change Date, my interest rate will be based on an index. The "Index" is the average of interbank offered rates for six-month U.S. dollar-denominiAed deposits in the London market ("LIBOFr), as published in the Wall Street Journal. The most reoent index figure available as of the date 45 days before each Change Date is called the'Current Index." if the index is no longer available, the Note Holier will choose a new index which Is based upon comparable information. The Note Holder will give me notice of this choice. tnWals V rf-AR Loan Number: 0063581193 - 3501 E10--1 fs" yp+) Page 1 or 3 10t2QJ204412-.32:4T PM BK t 888PG2697 (C) Calculation of Changes EWore each Change Date, the Note Helder will calculate result of this addition to the nearest one-ebghth of one pen limits stated in Section 4(0) below, this rounded amount next change date. new interest rate by adding r Holder will then round the my new interest rate until the The Note Holder will then determine the amount of the nroonthiy payment that would be sufficient to repay the unpaid primal that t am expected to owe at the Change date in full on the maturity date at my new Interest rate in substantially equal payrrrents. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Inhrast Rata Changes The interest rate I am required to pay at the first Change Date will not be greater than 9.600% or leas than T.600%. Thereafter, my interest rate will never be increased or decreased on any single Change Deft by more than One( 1.000 %) from the rate of interest I have been paying for the preceding six months. My interest rate will never be grater than 13.600)% or less than 7.800)%. (E) Effective Dab of Chances My now Interest rate will become effective on each Charge Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my mortthht payment changes aga{n- (F) Notice at Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monfhty payment before the effective date of any change. The notice will include information required by law to be given me and also the We and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST 114 BORROWER Section 18 of the Security Instrument is amended to read as blows: Tranafer of the or a Benaflsiai totwrwt In Horr+owee?. As used In this Section 18. 'Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those berwkial interests transferred in a band for deed, contract for deed. installment sales contract or escrow agreement, the Intent of which is the transfer! of title by Borrower at a future date to a purchaser. zr ;"49 (Rifle Loan Number: 0063581193 - 9501 610.2 (Niv 1M1 ) Page 2 or 3 1Qr2612UQ412.22:47 PM DK 1888PG2698 sold or transferred (or if is sold or transferred) payment in full of all sums secured by this Security Instrument. However, this option stiiiiii'l no exert such exercise is prohibited by federal law. Lender also shall not exercise this option if. a} Borrower causes to be submitted to Lander information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lendees seCtuity will not be impaired by the ban assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obits the transferee to keep all the promises and is made in the Note and in this Security instrument. Borrowerwiil contirxie m be sd under the Note and ft SeaKlty Instrument unless Lender reliames BOn'aYltet in Writing. N Lender exercises the option to ngWke immodk to payment in fuM, Lender shall give Borrower notice of acceteratbn. The notice shalt provide a period of not teas than 30 days from the date the notice is given in accordance with Sedbn 15 within which Borrower must pay all sums secured by this Security instrument N Barg' faits to pay these sums prior to the expiration of this period, Lander may Invoke any remedles permitted by this Security Instrument without further notice or demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained In this Adjustable Rate Bider. (Seat) (Seat) JOHN T. BLACKBURN Borrower (Seat) (Seal) Bon wer Borrower Loan Number. 0063581 153 - 9501 evo-sttt+r,/m} Page 3 or 3 1 0128/200/ 12:22:47 PM 8K I BBBPG2699 If all or any past of the Property or any Interest in the Property is Borraw is not a natural person and a beneficial interest In Borrower 14 FAMILY RIDER THIS 14 FAMILY RIDER is made this 26th day of Octoior, 2004 , and is IwDrporsted into and shall be decmed to amend and supplement the Mortgage, Deed of Trust, or Secuity peed (the 'Security hauument`) of the same date given by the undersigned (the 'Bmmwer") to secure Borrower's Note to A.rgent lsortgage Ccaps Y, LLC (the -Lender") of the same date and covering the Property desen'bed in the Security Instmrae rt and located at: 300 PZACH QLM ROAD, GJW kWS, PA 17324 (Property Addnssl 1-4 FAMILY COVENANTS. In addition to the eovtnants and agreements made in the Security Instrument, Borrower and Leader findw covenant and agree as follows: A. ADDMONAL pROP'F W S[7 MCT TO THE SECIJIitI f MMUM NP. In addition to the pity described m the Security Inshwent, the following items now, or bert:atter attadied to the properly to the extent they are fixtures are added to the Property de=44 iw, and shall also constittse the property covered by the Sa urtty Instru mma: building materials, alrpliattoes and goods of every nature whatsoever now or hereafter located in, on, or used, or intended to be used in connection with the property, including, but not limited to, those for the purposes of supplying or distribi t heating, cooling, elecuicity, gas, water, air and light, fire prevention. and extinguishing apparatus, security and eonuol apparatus, plumbing, bath tubs, water beaters, water closets, sinks, ranges, staves, re igerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, wrtains and curtain rods, attachod mirrors, cabinets, puyeling and attached floor coverings, all of which, including replacements and additiow the e, shall be dectmed to be and remain a part of the property covered by the Security Instrument. All of the foregoing together with the Property described m the Security Instrument (or the leasehold estate if the Security Instr uulew is on a leasehold) an referred to in this 1-4 Family Rider and the Security Instrument as rho "Property. » 0063581193 . MULTISTATE 1- 4 FAMILY Rit]EA - Fwnirr MaelFradda Mac UKWORM INSTRUMENT !nRIII'd Page I of 4 From 31701101 arm (00081 VMP MORTGAGE FORMS - (600)521-7291 20/26/2004 12:22:47 8{ 1 888PG2700 B. USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower shraih not sock, agree to or make a dmge in the use of if h r-i"nin9-elassi3eadeo, W31 ttng to the -- change. Borrower shall comply with all laws, ordinmcts. regulations and rcquirenle3m of any governmental body applicable to the Property. C. S.RDINATE LIENS. Except as permitted by federal law, Borrower shall rot allow any lien inferior to the Security Instrunant to be perfected against the Property without Lender's prior written permission. D. RENT LOSS INSURANCE. Borrower shall nuhKain insurance against runt loss is addition to the other hazards for which irimmnce is required by Section 5. E. 1115MROWER'S RIGHT TO REINSTATE" DELETED. Section 19 is deleted. F. BORROWER'S OCCUPANCY. Unless Lender and Borrower *dx wise agree in writing, Section 6 con=ning % mover's occupancy of the Property is deleted. G. ASSIGNMFNr OF LEASES. Upon Lender's request after de:fudt, Borrower shall assign to Lender all leases of the Property and all security deposits made i o connection with twos of the Property. Upon the wsignman t, Lender shall have the right to modify, exuad or tcrminte the ousting leases and to execute new leases, in Leader's sole discretion. As used in this paragraph G, the word "lease" shall mean "sublease" if the Security Instrument is on a leawbold. H, ASSIGNM M OF RENTS; APPOINT WNT OF RECEIVER; LENDER IN POS3E.MON. Borrower absolutely and tmcanditionally assigns and a unfers to Leader all the rents and revemms ("Rents") of the: Property, regardless of to whom the Rats of the Property arc payable. Borrower authorizes Leader or Lender's agents to collm the Rens, and agrees that each tenon of the Property sail pay the Rents to Leader or LezddWs agents. However, Borrower shall receive the Rents until: (i) Leader has given Borrower notice of default pursuant to Section 22 of the Security Instrument, ad (ii) reader bast given notice to the teaM(s) that the Remo are to be paid to Leader or Lender's agent. This assignmew of Rents constihttes an absolute assigtanent and not art assignment for additional security only. If Lender gives notice of default to Borrower: (i) all Rants received by Borrower shall be beld by Borrower as trustee for the benefit of Lender only, to be applied to the sums secured by the Searrity instrument; (ii) Leader shall be entitled to collect and receive all of the Rents of the Property: (iii) 10/26/2004 12:22:47 0063501193 Initials: "? 7 qk67R {0008) Page 2 of 4 Form 3170 1101 BK t 888PG270 t Borrower agrees that each tenant of the Property shall pay all Rents doe and unpaid to lender or Lender's ' teen to eta {}v3 oil apQlirat?le lavcxwdddes whawise, WI Rents agents upon collected by Lender or Lender's agents shall be applied first to the coats of Wring control of and managing the property and collecting the Rents, including, but not limited to, attorney's fees, receiver's fns, premiums on receiver's bonds, repair and maintenance costs, insurance praniums, taxes, assessments and other charges on the Property, and then to the sums secured by the Security lnsumment; (v) Lender, bender's agents or any judicially appointed raxiver shalt be liable to account for only those Rents actually received; and (vi) Leader shall be emitted to have a receiver appointed to take possession of and manage the property and collect tht Rends and profits derived from the Property withom awry showing as to the inadequacy of the Property as security. if the Rents of the Property are not wHiicient to cover the coats of enuring control of ad managing the Property and of collecting tht Rents any funds expended by Leader for such purposes shall become indebtedness of Borrower to Lender secured by the Security hntruincat pu rsufaut to Section 9. Borrower reprtmocs aunt warranra that Borrower has not executed any prior assgamen of the Beats and has not performed, and will not perform, any act that would prevent Lander from exercising its rights under this paragraph. Lender, or Leader's agents or a judicially appointed receiver, shall not be required to enter upon, take control of or maintain the Property before or after giving notice of default to Borrower. However, Lender, or Leader's agents or a judicially appointed receives, may do so at any time when a defanilt occurs. Any application of Rents shad not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of Remy of the Property shaill terminate whet all the arrant secured by the Ser turity Instrument are paid in M. 1. CROSS-DEFAULT FROW ION. Borrower's default or breach under any rata or agrom3ent in which Leader has an interest sliail be a breach under the Security Instrment and Leader may invoke any of the remedies permitted by the Security Irestrmn". 10/26/2004 12:22:47 V641133 Initials: 4W7R (00M) Page 3 of 4 Form 31701/01 &(I 888PG2702 s BY SIGNING BELOW, Borrower =xpts and agroes to the t mw and provisions wflutned in this (Seal) Borrower -Borrowcr AJOHN T_ WAMCKOURN (seal) (seal) -Her oxer -Borrower (seal) (Seal) - -Borrower -Honowar (Seal) (seal) -Dormwer -Borrower 0063581193 57n (0008) Pa" 4 of 4 Form 31701!01 10126/2004 12:22:47 i Certify this to be recorded fn Cumberland County PA Recorder of Deeds 50 Ocwen Loan Servicing, LLC P.O. Box 24737 01, i._............. __: West Palm Beach, Florida 33416-4 73 7 OCW EN (Do not send correspondence or payments to the above address) WWW.OCWEN.COM November 30, 2011 VIA First Class Mail VIA Certified Mail (return receipt requested) Certified Number: 71069017515147057855 Reference Code: 1109 John T. Blackburn 710 S WEST ST CARLISLE, PA 17013-4116 Loan Number: 707327276 Property Address: 300 Peach Glen Road, Gardners, PA 17324-0000 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 ?. November 30, 201 1 P.O. Box 24737 O C :N E N West Palm Beach, Florida 33416-4737 (Do not send correspondence or payments to the above address) APPENDIX A ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE WWW.(}C WEN.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) 780-18M.. 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: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: John T. Blackburn 300 Peach Glen Road Gardners, PA 17324-0000 707327276 OCWEN 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 ...............:x 0 Ocwen Loan Servicing, LLC P.O. Box 24737 - - West Palm Beach, Florida 33416-4737 O C W E N (Do not send correspondence orpayments to the above address) WWW.OCWEN.COM 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 temnorarv stav 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 ............ : 0 Ocwen Loan Servicing, LLC P.O. Box 24737 West Palm Beach, Florida 33416-4737 OCWEN (Do not send correspondence orpayments to the above address) WWW.OCWEN.COM NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 300 Peach Glen Road, Gardners, PA 17324-0000 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 $ 874.79 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 .......................................... $ 1,225.20 $ 0.00 $ 532.86 $ 73.52 $ 0.00 $ 0.00 $ 572.67 $ 0.00 $ 1,250.43 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 $1,250.43, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments must be made either_ by Money Gram, Cashier's Check, Certified Check or Monev Order made ayable 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 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 anv 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 0: - West Palm Beach, Florida 33416-4737 ocweN (Do not send correspondence or payments to the above address) WWW.OCWEN.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 ......... ..........m Ocwen Loan Servicing, LLC November 30, 2011 P.O. Box 24737 West Palm Beach, Florida 33416-4737 O C W E N (Do not send correspondence orpayments to the above address) WWW.OCWEN.COM VIA First Class Mail VIA Certified Mail (return receipt requested) Certified Number: 71069017515147057862 Reference Code: 1109 John T. Blackburn 300 Peach Glen Road Gardners, PA 17324-0000 Loan Number: 707327276 Property Address: 300 Peach Glen Road , Gardners, PA 17324-0000 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 . E N West Palm Beach, Florida 33 (Do not send correspondence November 30, 2011 416-4737 or payments to the above address) APPENDIX A ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE WWW.OC WEN.C0_'A 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: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: John T. Blackburn 300 Peach Glen Road Gardners, PA 17324-0000 707327276 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 0i -.. West Palm Beach, Florida 33416-4 73 7 ocweN (Do not send correspondence or payments to the above address.) VGWW.OC WEN.CO •1 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_ 0. Box 24737 __.- . . West Palm Beach, Florida 33416-4737 OCWEN (Do not send correspondence or payments 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: 300 Peach Glen Road, Gardners, PA 17324-0000 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 $ 874.79 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 .......................................... $ 1,225.20 $ 0.00 $ 532.86 $ 73.52 $ 0.00 $ 0.00 $ 572.67 $ 0.00 $ 1,250.43 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 $1,250.43, 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 Sheriffs Sale. You may do so by paying the total amount then. past due plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. 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) WWW.OC WEN.CO-N4 EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's 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 C) FORM 1 C? 'rt C _- N ? Wells Fargo Bank, N. A. IN THE COURT OF COMMON PLEAS OF m? r CUMBERLAND COUNTY, PENNSYLVANIA Z'; u Plaintiff(s) U) s vs. :X ? C:) C:) C John T. Blackburn ?> c.r 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. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (71.7)243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation 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: -71 -;in I ( )- Date 1pature of Counsel for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUSTOMERIPRIMARY APPLICATION Borrower name (s): Property Address: City: Is the property for sale? Yes El Realtor Name: Borrower Occupied: Yes ? Mailing Address (if different) _ City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO-BORROWER Mailing Address: City: Phone Numbers: Home: Cell: No E] Listing date: State: No ? Zip: Price: $ Realtor Phone: Zip: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Second Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: State: Office: Other: Total Mortgage Payments Amount: $ Date of Last Payment: Primary Reason for Default: Included Taxes and Insurance: Is the loan in Bankruptcy? Yes E] No E] If yes, provide names, location of court, case number & attorney: Assets Home: Other Real Estate: Retirement Funds: Investments: Checking: Savings: Other: Amount Owed: Value: Automobile #1: Model: Amount owed: Automobile #2: Model: Amount owed: Other transportation (automobiles, boats, motorcycles) Year: Amount owed: Value: Model: 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 Monthly Amount: _ Monthly Amount: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" Mortgage Utilities Car Payment(s) Condo/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/Tuit. 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: Year: Value: Year: Monthly Net Monthly Net Monthly Net Fax: 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): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/we understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Date 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 Wells Fargo Bank, N. A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. John T. Blackburn 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 Date Legal Representative Signature of Defendant Signature of Defendant Date Date FORM 4 Wells Fargo Bank, N. A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. John T. Blackburn Defendant(s) Civil CASE MANAGEMENT ORDER AND NOW, this day of , 20 , the defendant/borrower in the above-captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on at . M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the Plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the 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 r: ~ ~ , _ ~~ ~, h~~ Sheriff q Gt 4~irnL ~.~ ~ ~~~~~~ Jody S Smith w~~xtYst t r~'`lo cn;efoepury _ ~I1~ AllG 27 AM 10~ ! ~+ Richard W Stewart ~Y Solicitor ~~~ _ - Wells Fargo Bank, N.A. vs. Case Number John T. Blackburn 2012-4852 SHERIFF'S RETURN OF SERVICE 08/13/2012 08:07 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on August 13, 2012 at 2007 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notic of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: John Blackburn, by making known unto himself personally, at 710 S. West Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. , _.-~? DENNI FRY, DEi?~d SHERIFF COST: $34.45 August 17, 2012 SO ANSWERS, Gl-- t~ R ANDERSON, SHERIFF ~. .,qty n ,i .f~Rit I~ ,^sc(2_Ifi' COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW KEVIN P. DISKIN, ESQUIRE STERN & EISENBERG, PC The Pavilion 261 Old York Road, Suite 410 X Jenkintown, PA 19046 (215) 572-8111 ''' I.D. #86727 1 ire T Wells Fargo Bank, N.A., as Trustee for the Pooling and Servicing Agreement Dated as of November 1, 2004 Asset-Backed Pass-Through Certificates Series 2004-WHQ2, by its attorney in Civil Action Number: 12-4852-CV fact, Ocwen Loan Servicing LLC. v. John T. Blackburn Defendant(s) CERTIFICATE OF SERVICE I,KEVIN P. DISKIN,ESQ., attorney for the within Plaintiff,hereby certify that notice of the Sheriff's Sale was mailed to the Defendants by certified mail return receipt requested and regular mail on March 26, 2013. I further certify that notice of the Sheriff's Sale was mailed to each lienholder by regular, first-class, postage prepaid mail on March 26, 2013, as evidenced by copy of certificates of mailing attached. STERN& EISENBERG, PC BY: N P. DISKIN Attorney for Plaintiff 3/28/13 ',Os , er,v ceim s ' . Coverage RECEIPT ErIE thl '11F1 41 p w wew rance overage ro IT. It !tt k ryt website at www.usps.comD' III rn = = I, • Ls) Ln Cc • i . ru rk I pt F Ftr (I I<Is= er CI) PAN 1=1 •EsrctEdC:IvIry•= e • (E IT lc r3er'er I F E ED lc ti•I Post•■:.E ■;Fc••s . r-4 v7.- ru Jcbil T. Blackburn a I ' 71 0 S West St PC= No c .ftate,ZIP+4 Carlisle, PA 17013-4116 a a Erma ugust 200 See Reverse for Instruction • Ea. ris ' © > 2 v) am c a o �a _ o -ti rP s0 a � C, U .._ CO -,1 Cl to . w N 't C I .p W N ._, O G r a Ny 1 i+ c G z > n * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. N cn >• p X 0 N o P a z O ^ Lo n ( 00 H y c 0 la 6 I n td b X � ►� o O ry n n o• I• a o . 0 • co z ' c . tr • 0 p y J a 'd • C) 1 0 O Co p o O <o CD I o flq. C) 0 0 a"' F/)' P o. k a C) p CD ID S • p C • CD tti -' • 0) CD CD N CA 1---, C) Oo t...3 0 CD N N • w O O p' CD 1-.. Cr 9 d, C) a CD g CD v, ,-- iMr..1 ti v a ONT (I)j O_ VGA i,1 rn o > t IIno m illr CD -I N N x.14 w O SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F fl E,D_OF FIFE Sheriff '1#= THE PR0T1-1ON0lAWit' Jody S Smith Chief Deputy 20(3 JUL Deputy -2 PM 2.; {� Richard W Stewart Solicitor ORFICE0,YE814-CRIFF CUMBERLAND COUNTY PENNSYLVANIA Wells Fargo Bank, N.A. vs. Case Number John T. Blackburn 2012-4852 SHERIFF'S RETURN OF SERVICE 04/01/2013 03:50 PM - Deputy Jason Kinsler, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 300 Peach Glen Road, Dickinson -Township, Gardners, PA 17324, Cumberland County. 04/03/2013 10:45 AM - Deputy Noah Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: John T. Blackburn at 710 S. West Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 05/09/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $875.68 SO ANSWERS, 6Z July 01, 2013 RON R ANDERSON, SHERIFF a '� _�.. (c)Coun,YSuite Sheriff,Teiecsoft,Inc. STEVEN K.EISENBERG,ESQUIRE(75736) KEVIN P.DISKIN,ESQUIRE(86727) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) 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 Wells Fargo Bank,N.A., as Trustee for the. Pooling and Servicing Agreement Dated as of Civil Action: 12-4852-CV November 1, 2004 Asset-Backed Pass-Through Certificates Series 2004-WHQ2, by its attorney infact, Ocwen Loan Servicing LLC. V. MORTGAGE FORECLOSURE John T. Blackburn Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 I, the undersigned attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 300 Peach Glen Road , Gardners, PA. 1. Name and address of Owner(s) or Reputed Owner(s): John T. Blackburn 710 S West St Carlisle, PA 17013-4116 2. Name and address of Defendant(s) in the judgment: John T. Blackburn 710 S West St Carlisle, PA 17013-4116 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: N/A 4. Name and address of the last recorded holder of every mortgage of record: N/A 5. Name and address of every other person who has any record lien on the property: N/A 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: PA Department of Revenue Bureau of Compliance Box 281230 Harrisburg,Pennsylvania 17128 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Domestic Relations Tax Claim Bureau Cumberland County Cumberland County Courthouse 13 North Hanover Street One Courthouse Street Carlisle, PA 17013 Carlisle, PA 17013 Tenant(s)/Occupant(s) 300 Peach Glen Road , Gardners, PA, 17324. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: January 16,2013 STERN &EISENBERG, PC BY: STEVEN K. EISENBERG, ESQUIRE ;I VIN P. DISKIN, ESQUIRE COMMONWEALTH r PENNSYL ❑ JACQUELINE F. McNALLY, ESQUIRE NOTARIAL SEAL ❑ LESLIE J. RASE, ESQUIRE ANGELA A,qp,, untg ateirry County ❑ LEN M. GARZA, ESQUIRE Abinyior�Tw;�.,Mc�nF,gorFerp�County My commission Expires November 26,2096 ❑ CHRISTINA C. VIOLA, ESQUIRE Attorney for Plaintiff Sworn tp,and subscribed before me this /5"Day of G.r , 2013. No Public STEVEN K.EISENBERG,ESQUIRE(75736) KEVIN P.DISKIN,ESQUIRE(86727) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) 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 Wells Fargo Bank,N.A., as Trustee for the Pooling and Servicing Agreement Dated as of Civil Action: 12-4852-CV November 1, 2004 Asset-Backed Pass-Through Certificates Series 2004-WHQ2,by its attorney infact, Ocwen Loan Servicing LLC. V. MORTGAGE FORECLOSURE John T. Blackburn Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: John T. Blackburn 710 S West St Carlisle,PA 17013-4116 Your real estate at 300 Peach Glen Road , Gardners, PA is scheduled to be sold at Sheriff s Sale on Wednesday, June 5, 2013 at 4:50 P.M. , at Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013 (location of sale) to enforce the court judgment of$127,071.75 obtained by Wells Fargo Bank, N.A., as Trustee,by its attorney infact, Ocwen Loan Servicing LLC, against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Stem&Eisenberg, PC the back payments,late charges, costs and reasonable attorney's fees due. To find out how much you must pay,you may call Stem&Eisenberg PC,telephone (215) 572-8111. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one,the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped,your property will be sold to the highest bidder. You may find out the price bid by calling Stem &Eisenberg PC,telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stem & Eisenberg PC,telephone (215) 572-8111. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time,the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions(reasons why the proposed distribution is wrong)are filed with the Sheriff within ten (10)days after the date of filing of said schedule. You should check with the Sheriffs Office by calling (717)240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 800-990-9108 717-249-3166 STEVEN K.EISENBERG,ESQUIRE(75736) KEVIN P.DISKIN,ESQUIRE(86727) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUaE(308909) 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 Wells Fargo Bank,N.A.,as Trustee for the Pooling and Servicing Agreement Dated as of November 1, 2004 Asset-Backed Pass-Through Certificates Series Civil Action: 12-4852-CV 2004-WHQ2,by its attorney infact, Ocwen Loan Servicing LLC. V. MORTGAGE FORECLOSURE John T.Blackbuni Defendant(s) RE: PREMISES: 300 Peach Glen Road ,Gardners,PA Dear Sir or Madam: Please be advised that I represent the above creditor that has a judgment against the above Defendant. As a result of a default,the above referenced premises,also described on the attached sheet,will be sold by the Sheriff of Cumberland County on Wednesday,June 5, 2013 at 4:50 P.M.at Sheriffs Office, Cumberland County Courthouse,Carlisle,PA 17013 (subject to change without further notice). The sale is being conducted pursuant to the judgment in the amount of$127,071.75 together with interest, costs(and such other allowed amounts)thereon entered in the above matter in favor of Plaintiff against the above-named Defendant(s)who is/are also the real owner of said premises. I have discovered that you may have a lien and/or' interest in the premises to be sold. This notice is given so that you can protect your interest,if any, in the lien you have on the premises. If you have any questions regarding the type of lien or the effect of the Sheriff=s Sale upon your lien,we urge you to CONTACT YOUR ATTORNEY, as we are not permitted to give you legal advice. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten(10)days thereafter. January 16,2013 STERN&FJSENBERG,PC BY: P-. VEN K.EISENBERG,ESQUIRE EVW P DISKIN,ESQUIRE ❑ JACQUELINE F.McNALLY,ESQUIRE ❑ LESLIE J.RASE,ESQUIRE ❑ LEN M. GARZA,ESQUIRE ❑ CHRISTINA C.VIOLA,ESQUIRE Attorney for Plaintiff 4 ALL THAT CERTAIN tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a nail in the center of LR 21030, at the Southeastern comer of land now or formerly of Christian M. Otto and Susan M. Otto, his wife, thence by the center of said road, South 35 degrees 07 minutes 40 seconds West, 7 feet to a nail; thence by the same, South 43 degrees 42 minutes 20 seconds West, 100.05 feet to a nail; thence by the same, South 53-degrees 29 minutes West, 100.05 feet to a nail; thence by land now or formerly of Frank L. Black and passing through an iron pin which is 34 feet from said center line, North 32 degrees 16 minutes 40 seconds West, 258.86 feet to an iron pin; thence by the same, North 46 degrees 04 minutes 50 seconds East, 206.89 feet to an iron pin; thence by land now or formerly of Christian H. Otto and Susan M. Otto, his wife, South 32 degrees 25 minutes 30 seconds East, 266.30 feet to the place of beginning. Containing 1.247 acres BEING the same premises which Deemer E. Durham and Laura Lee Durham, fortnerly husband and wife, by Deed dated July 31, 1986 and recorded August 18, 1986 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book C32 Page 652, granted and conveyed unto John T. Blackburn, single man. PARCEL NO.08-16-0210-002C 1 ' STEVEN K.EISENBERG,ESQUIRE(75736) KEVIN P.DISKIN,ESQUIRE(86727) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) STERN&EISENBERG,PC THE PAVILION 261 OLD YORK ROAD,SUITE 410 JENKINTOWN,PENNSYLVANIA 19046 TELEPHONE:(215)572-8111 FACSrnI1LE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Wells Fargo Bank,N.A., as Trustee for the, Pooling and Servicing Agreement Dated as of Civil Action: 12-4852-CV November 1, 2004 Asset-Backed Pass-Through Certificates Series 2004-WHQ2, by its attorney infact, Ocwen Loan Servicing LLC. V. MORTGAGE FORECLOSURE John T. Blackburn Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: John T. Blackburn 710 S West St Carlisle, PA 17013-4116 Your real estate at 300 Peach Glen Road , Gardners, PA is scheduled to be sold at Sheriffs Sale on Wednesday, June 5, 2013 at 4:50 P.M. , at Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013 (location of sale) to enforce the court judgment of$127,071.75 obtained by Wells Fargo Bank, N.A., as Trustee,by its attorney infact, Ocwen Loan Servicing LLC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Stern& Eisenberg, PC the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stern& Eisenberg PC,telephone (215) 572-8111. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 1 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one,the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. . 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern&Eisenberg PC,telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stern&Eisenberg PC, telephone (215) 572-8111. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time,the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriffs Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 t ALL THAT CERTAIN tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a nail in the center of LR 21030, at the Southeastern corner of land now or formerly of Christian M. Otto and Susan M. Otto, his wife, thence by the center of said road, South 35 degrees 07 minutes 40 seconds West, 7 feet to a nail; thence by the same, South 43 degrees 42 minutes 20 seconds West, 100.05 feet to a nail; thence by the same, South 53 degrees 29 minutes West, 100.05 feet to a nail; thence by land now or formerly of Frank L. Black and passing through an iron pin which is 34 feet from said center line, North 32 degrees 16 minutes 40 seconds West, 258.86 feet to an iron pin; thence by the same,North 46 degrees 04 minutes 50 seconds East, 206.89 feet to an iron pin; thence by land now or formerly of Christian H. Otto and Susan M. Otto, his wife, South 32 degrees 25 minutes 30 seconds East, 266.30 feet to the place of beginning. Containing 1.247 acres BEING the same premises which Deemer E. Durham and Laura Lee Durham, formerly husband and wife, by Deed dated July 31, 1986 and recorded August 18, 1986 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book C32 Page 652, granted and conveyed unto John T. Blackburn, single man. PARCEL NO. 08-16-0210-002C WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-4852 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due WELLS FARGO BANK,N.A. AS TRUSTEE FOR THE POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 12004 ASSET- BACKED PASS-THROUGH CERTIFICATES SERIES 2004-WHQ2,BY ITS ATTORNEY INFACT,OCWEN LOAN SERVICING Plaintiff(s) From JOHN T. BLACKBURN (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the gamishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof, (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $127,071.75 L.L.: $.50 Interest FROM 1/16/2013 AT THE PER DIEM OF$11.44 UNTIL JUDGMENT PAID IN FULL Atty's Comm: Due Prothy: $2.25 Atty Paid: $183.20 Other Costs: Plaintiff Paid: Date: 1/17/13 David D. Buell,Prothonotary (Seal) Deputy REQUESTING PARTY: Name: KEVIN P.DISKIN,ESQUIRE Address: STERN& EISENBERG,P.C. 261 OLD YORK ROAD TRUE COPY FROM RECORD SUITE 410 In Testimony whereof,t here unto set my hand and the seal of said Court at Carlisle,s Pa. JENKINTOWN,PA 19046 This day-of sayl 20 13 P othonetary Attorney for: PLAINTIFF Telephone:215-572-8111 Supreme Court ID No. 86727 On March 12, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, PA, Known and numbered as, 300 Peach Glen Road, Gardners, Exhibit "A filed with this writ and by this reference incorporated herein. Date: March 12, 2013 By: Real Estate Coor inator hS :II V 81 N-Vp Etel CUMBERLAND LAW JOURNAL Writ No. 2012-4852 Civil WELLS FARGO BANK,N.A. vs. JOHN T. BLACKBURN Atty.: Kevin P. Diskin ALL THAT CERTAIN tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a nail in the center of LR 21030, at the Southeastern comer of land now or formerly of Christian M. Otto and Susan M. Otto, his wife, thence by the center of said road, South 35 degrees 07 minutes 40 seconds West, 7 feet to a nail;thence by the same,South 43 degrees 42 minutes 20 seconds West, 100.05 feet to a nail; thence by the same, South 53 degrees 29 minutes West, 100.05 feet to a nail; thence by land now or formerly of Frank L. Black and passing through an iron pin which is 34 feet from said center line,North 32 degrees 16 minutes 40 seconds West,258.86 feet to an iron pin; thence by the same, North 46 degrees 04 minutes 50 seconds East, 206.89 feet to an iron pin;thence by land now or formerly of Christian H. Otto and Susan M. Otto, his wife, South 32 degrees 25 minutes 30 seconds East,266.30 feet to the place of beginning. Containing 1.247 acres. BEING the same premises which Deemer E. Durham and Laura Lee Durham,formerly husband and wife, by Deed dated July 31,1986 and re- corded August 18,1986 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book C32 Page 652,granted and conveyed unto John T.Blackburn,single man. PARCEL NO. 08-16-0210-002C. 22 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 12, April 19 and April 26, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. S Li Marie Coyne, Edit6r f SWORN TO AND SUBSCRIBED before me this 6 da of April, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co. 2020 Technglogy ��k�� t4e atr1*otwXews^ .��ui8e 300 ^�� � ����&� ����K� &������� Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587. Approved May 16, 1928 Commonwealth of Pennsylvania, County ofDauphin) ss Marianne Miller, being duly sworn according bo law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of P km i with its principal offi d place of business ad2D2O Technology Phvm/. Suite3UO. intha Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher mf The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the daha(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording ofDeeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. _PUBLICATION COPY This ad ran ow the date(s)shown below: - - ��vu~� 04/20124852 - 04123113 J oHmc BLACKISIURN V 04130113 attmKm4ln P DIskin , ALL THAT CERTAIN tract of land situate in omo�o m'w �^~^` '' ' . '& '~-' ' ' ' ' ' ' ' ' ~ ' ' ' ' ` COuntY, Pennsylvania, 'bounded and described as follows: BEGINNING at"- m the center mcn Sworn before this 13 day of May, 2013A`O�nail 21030,at the Southeastern comer of land now or formerly of Christian M.Otto and Susan M_Otto,his wife,thence by the center J Oil Of said-ad,South 35 degrees 07 minuteq ary Public 40 seconds West,7 feet to a nail;thence by U the sme,South 43 degrees 42 minutes 20 seconds West,100,05 feet to a nail;thence by the-me,South 53 degrees 29 minutes West,100.05 feet to a nail-,thence by land now or formerly of Frank L Black and COMMONWEALTH OF PENNSYLVANIA passing through an iron pin which is 34 feet Notarial Seal fTom said center line,'North 32 degrees 16 Holly Lynn Warfel,Notary Public minutes 40 seconds West, 258.86 feet to Washington Twp.,Dauphin county an iron pin;thence by the same,North 46 MY COMmission Expires Dec.12,2016 degrees 04 minutes 50 seconds East,206.89 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES feet to an iron pin;thence bK41Ad_aQZ.9r formerly of Christian H.Otto and Susan M. Otto,his wife,South 32 degrees 25 minutes