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HomeMy WebLinkAbout12-4978STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIRE (86727) JOSEPH K. REJENT, ESQUIRE (59621) STERN & EISENBERG, PC U T H, THE PAVILION 2012 AUG 10 AM 11: 10 261 OLD YORK ROAD, SUITE 410 H JENKINTOWN, PENNSYLVANIA 19046 CUMBERLAND GOON t y TELEPHONE: (215) 572-8111 PENNSYLVANIA FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY SABR MORTGAGE LOAN 2008-1 REO SUBSIDIARY-1 LLC by its Attorney-in-fact, Ocwen Loan Servicing, LLC 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 v. Melanie L. Smith 119 S Chestnut St Mechanicsburg, PA 17055-6546 Defendant(s) Civil Action Number: /;' g9r7F Ctv1*6 '? 'n-en COMPLAINT IN MORTGAGE FORECLOSURE CIVIL ACTION - MORTGAGE FORECLOSURE This is an attempt to collect a debt and any information obtained will be used for that purpose. NOTICE You have been sued in Court. If you wish to defend the claims set forth in the following pages, you must take action within twenty (20) days after this Civil Action and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Civil Action or for any other claim or relief requested by the plaintiff. You may lose money or property of other rights important to you. YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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. C -?I) /03.7?5r C#- 3 6,2 r-* a-j/fig 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 SABR MORTGAGE LOAN 2008-1 REO SUBSIDIARY-1 LLC by its Attorney-in-fact, Ocwen Loan Servicing, LLC 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 V. Melanie L. Smith 119 S Chestnut St Mechanicsburg, PA 17055-6546 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 any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las 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. provisiones de esta demanda. Usted puede perder dinero o sus propiedades a 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 flame 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. RELENT, 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 SABR. MORTGAGE LOAN 2008-1 REO SUBSIDIARY-1 LLC by its Attorney-in-fact, Ocwen Loan Servicing, LLC 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 Melanie L. Smith 119 S Chestnut St Mechanicsburg, PA 17055-6546 Defendant(s) Civil Action Number: COMPLAINT IN MORTGAGE FORECLOSURE COMPLAINT CIVIL ACTION - MORTGAGE FORECLOSURE Plaintiff is SABR MORTGAGE LOAN 2008-1 REO SUBSIDIARY-1 LLC by its Attorney-in- fact, Ocwen Loan Servicing, LLC (hereinafter referred to as "SABR MORTGAGE LOAN 2008-1 REO SUBSIDIARY-1 LLC, 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 Melanie L. Smith, adult individuals with a last-known address of 119 S Chestnut St, Mechanicsburg, PA 17055-6546. 3. Under date of 02/28/2007, defendants executed and delivered to MERS, Inc. as nominee for Equifirst Corporation a mortgage upon the property 5510 Silvercreek Drive, Mechanicsburg, PA (the "Property")to secure the payment of the sum of $184,000.00. The said mortgage is recorded in the Office for the Recording of Deeds in and for Cumberland County on 03/06/2007 at Book 1984, Page 936 and is incorporated herein by reference as though set forth at length herein. A copy of the mortgage and legal description of the Property is attached hereto and made a part hereof as Exhibit "A". 4. An assignment transferring the mortgage originally with MERS, Inc. as nominee for Equifirst Corporation (Originating Lender) to SABR MORTGAGE LOAN 2008-1 REO SUBSIDIARY- 1 LLC, 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 5510 Silvercreek Drive, Mechanicsburg, PA 17050. 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 $1,441.49 due on July 1, 2010 and on the same day of each month thereafter. 8. The following is due on the loan: PRINCIPAL BALANCE .......................................................$176,709.97 INTEREST accrued thru 07/17/2012 of ............................... $25,575.06 Interest after 07/17/2012 shall accrue at the per diem rate of $32.87.) LATE CHARGES accrued thru 07/17/2012 of ..................... $665.57 Late charges after 07/17/2012 shall accrue at the monthly rate of $60.59.) ESCROW ADVANCES ........................................................$4,160.97 FEES BILLED ....................................................................... $3,772.09 ATTORNEY'S FEE .............................................................. $7,000.00 TOTAL .................................................................................. $217,883.66 Attorney fees are allowed in conformity with the mortgage documents and Pennsylvania law, and may be requested as part of any judgment requested and collected in the event of a third party purchaser at Sheriffs Sale. If the mortgage is reinstated prior to Sale, reasonable attorney fees will be charged based on work actually performed. WHEREFORE, Plaintiff, SABR MORTGAGE LOAN 2008-1 REO SUBSIDIARY-1 LLC, 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 $176,709.97 plus interest thereon of $25,575.06 plus $32.87 per day from 07/17/2012 until judgment is paid in full, late charges of $665.57, plus late charges of $60.59 per month from 07/17/2012 until judgment is paid in full, escrow advances of $4,160.97,fees billed of $3,772.09,attomey's fees of $7,000.00and all other amounts set forth above, less any suspense as set forth above, together with record costs and any other amounts that accrue over the course of the instant matter and to which Plaintiff is entitled to recover. STERN & EISENBERG, PC BY: ? ST V N K. EIS BERG, ESQUIRE ? KEVIN P. DISKIN, ESQUIRE 0 JOSEPH K. REJENT, ESQUIRE ? LEN M. GARZA, ESQUIRE Attorney for Plaintiff Date: July 17, 2012 VERIFICATION I, the undersigned, an authorized representative on behalf of, SABR MORTGAGE LOAN 2008-1 REO SUBSIDIARY-1 LLC 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:_ '/- 3 o / ?t"d Marlagement Name: Joy L Weston Title: Coordinator SABR MORTGAGE LOAN 2008-1 REO SUBSIDIARY-1 LLC by its Attorney-in-fact, Ocwen Loan Servicing, LLC P SEAT P. ZIEGLER ;RDEP. OF DEEDS ngj pIflR 6 RM 8 21 Prepamd By: Beverly Newman 500 Forest Point Circle, Charlotte, KC 28273 (704)625-4348 Return To: Equi Fi rst Corporat' -d-R-->( IW8mrviM Attn : Coll M 3! UNMt S&q*t 500 F Point Circle ca" I, 1'A 17011 otte, NC 28273 (800)272-3477 Parcel Number. 10-16-1062-424 Premises: 5510 Silvercreek Drive, Mechanicsburg, PA 17050 [Sp a Above U& Lim For RWW&M Dote] MORTGAGE DEFINITIONS MIN 100200100115358818 Words used in multiple sections of this dommatt ate defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Lletrtunent" means this documcut, which is dated February 28. 2007 together with all Riders to this document. (B) "Boriroww' is Melanie L Smith, an unmarried person Borrower is the mortgagor under this Security Instrument. (C) "HERS"' is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation dW is acting solely as a nominee for Lender sad Lender's successors and assigns. MV= Is the mortgagee under this Security fnshvuatent. MFRS is organised wA existing under the laws of Delaware, and has an address and telephone number of P.Q. Box 2026. Flint M1 4950t-2026. tel. (888) 4679-MFRS. 1153588 PENNSYLVAt" - Single Family - Fonts AANlF?edds Mae UNiFQRM INSTRUMENT YPtMH MFRS Ot"(PA) toeoel.ot Fong 3 01 Peps i o+ to It? VMP Mort~ solution k Inc. 011384PGO936 (D) "Leader" is i_quiFi rst Corporation Lender is a Corporation organized and existing under the laws of North Carolina Lender's address is 500 Forest Point Circle, Charlotte, NC 28273 {E) "Note" means the promissory now signed by Borrower and dated Februa t y 28, 2007 The Note states that Borrower owes Lmder one hundred eighty-four thousand and 001100 Dollars (U.S. $184 , 000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than March 1, 2037 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property- (G) "Loan" M means the debt evidenced by the Note, plus interest, any prepayment charges. and late charges due under the Note, and all sums due under this Security lasts intent, plus interest. (H) "Riders" maw all Riders to this Security Instrument that am executed by Borrower. The Endowing Riders are to be executed by Borrower [chock box as applicable]: ® Adjustable Rate Rider 0 Condominium Rider Second Home Rider 0 Balloon Rider [] Planned Unit Development Rider 1-4 Family Rider 0 VA Rider 0 Biweekly Payment Rider Other(s) [specifyl ARM Floor/ Prepay Rider (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, . ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final; non appealable judicial opinions- (n "Community Association Dues,-Fees, and A.ssessmeuts" means all dues, fees, -assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or sima7ar organu7ation. (It) "Electronic Bands 'I'rans[a" means any transfer of fends, other than a transaction originated by check, draft, or similar paper instrument, which is initiated duougb as electromic terminal, telephonic insttument.. computer, or magnetic tape so as to order, i6shuat, of m#borim'a financial institution to debit or credit an wwum. Such term includes, but is not limited to, point-of-sale transfers, automated teller - machine tranwrtions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. ¢) "Escrow items" mom those items that are described in Section 3. (M) "Mlsceilaneou s Proceeds" means my compensationsettlement, away o damages, or proceeds for: { by any third party (oilier than insurance proceeds paid coverages under the descn damage to, or destruction of the Property; (ii) condemnation or other talting of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (tv) misfepuc=tations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means msura= protecting Fender against the nonpayment of, or default on, the Loan. (Q) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (n) any amounts under Section 3 of this Security Instrument. 1153588 , -6A(PA) roe0e1.01 P.o. z M to y Foam 3039 1101 - BK 19$4PG4937 (P) "RESPA" means the Rest Estate Settlement Procedures Act (12 U.S.C. Sectioa 2601 et seq.) and its intplemtum0img ?ulation, Regulation X (24 C.F.R. Pant 3500), as they aright be amrendtd from irate to tam c, or auy add tiorfal or successor tegralatton or regulation that govttns_t3ta satroe surbjcct ttaaticr. As used in this Security Imsuttmiant, 'RESPA" refers to alt requirrmonts and re?rx?oss hurt are imlrosed in regard to a "federally mated mongage loan' ever if the Loan does not qualify as a 'federally related mortgage loan" under itFSPA. (t}) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Bormwrx's obligations wader the Note zWor this Security hmm ment. - TRANSFER OF RIGHTS IN THE PROPERTY This Security lwtnuawt secures to Leader: (i) the repayment of the Loan, and alt renewals, extensions and modifications of the Note, and 0i). ft performance of BorroWer's covenams and agreements under this Security lwmm=t and the Note. For this pugKm, Borrower dots hereby mortgage, grant and convey to MFRS (solely as nominee for Lender and Lender's successors and as 4w) and to the successors and assigns of HERS, the following described property located in rite County (Typo of Roeotding 7wiadk ion) of Cumberland [Name ofRaoidwg )Wwicdool. See Attached Exhibit A which currently has the address of 5514 S11 verereeic Drive Mechanicsburg ('Property Address-"): [sa-r3 (esty), Pennsylvania 17450 ETrpCode] TOGETHER WITH all the improvements now or hereafoer eructed on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All teplwement; and additions sltall also be covered by this Security Insummenu. All of the foregoing is referred to in this Security Insmunent as the 'property.' Borrower underatauds and agrees that UM holds only Legal title to tho mtamox granted by Borrower in this Security Imsttumwt. bra, if mooesaary to a?D*ly with law or custom, MGRS (as nominee for Lender and Lender's successors and sssigos) has the right: to exerase any or all of those intetests, including, but not limited to, the riglu to foreclose and sell the Property; and to take any action required of Deader including, but not Limited to, releasing and canceling this Security Instrument. 1153588 4R-OA(PA) waoe?. i vaQ. a of ze Fwm 3038 1101 BK 1984PGO938 - ..a . BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered. tacept for encumbrances of record. Roffower warrants and will dafand generally the title to the Property against all claims and demands, subject to any encamtbrames of record. THIS SECURITY INSTRUMENT combines uniforut covenants for national use and non uniform covenants with limited variations by jurisdiction to constitute a uniform security i asn mnent covering real property. UNIFORM COVENANTS. Borrower and bender covenant and agm as follows. 1. Payment of Principal, Interest, Fww Items, ftq aymdnt Charges, aad late CbarM. Borrower shall pay when eve the principal of, and intemst on, the debt evidenced by the Now and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due wader the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Leader as payment undo the Note or this Seaaity Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security lnstrumcz be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check. back check, u asu w's check or cashier's check, provided any such check is drawn upon an institution whoa= deposits are insured by a federal agency, instrurnentaiity, or entity; or (d) Electronic ponds 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 Leader in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or wdat payments arc inadlicient to bring die Loan current. Leader may accept any .payment or partial payer insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such pays m or partial payments in the future. but Lender is not obligated to apply such payments at the time such payments are accepted. If each- Periodic Payment is applied as of its sebeduled due dare, then Leader need. not pay interval on unappiied fonds.-Lender may hold such tnaaWied funds moil Borrower makes paymeat to bring . the Loan current. if Borrower does not do so within a reasonable period of time, Larder shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior-to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from mainng payments doe under the, Note and this Security Instrument or performing the covenants and agreements-secured by this Security Instrument. - 2. Application of Payments or Proceeds. Except as otherwise described in this- Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under'the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments sbatl be applied to each Periodic Payment m the order is which it became due. Any remaining amounts shall be applied fast to late charges, second to any other amounts dire under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender nay apply any payer received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment I1?3588 8A(PA} Form 3039 1101 tasos?.oi flap e a or 10 R(I 984FG0939 t. can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such exams may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and they as described in the Note. Any application of payments, inssurmce 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. Minds for FAcrow Items. Borrower shall pay to I,eodta on the day Periodic Payments are due under the Note, until the Note is paid in full, a slur (the "Finds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security I Moment as a lien or encumbra nee on the Property; (b) leasehold paymaits or ground rests on the property, if any, (c) premium for any avid all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. Tbcsc helms are called 'Escrow Items." At origination or at any time during the term of the Loan, I.erula may require that Community Association Does, Fees, and .Assessments, if any, be escrowed by Borrower, and spch dues, fees and assessments shall be an Escrow Item. Bormwer.s$att promptly fimmish to Linder all notices of amounts to be paid under this Section. Borrower hall pay Leader the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Farrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when acid where payable, the amounts due for any Escrow Items for which payment of Finds has been waived by under and, if Leader requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such paymatts and to provide i+eceipts shall for all purposes be deemed to be a covenant and agree =a contained in this Security humanent. as the phrase "covenwit and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Laxler may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Leader any such amount. Lender may revoke the waiver as to any or all Escrow Item at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shalt pay to Lender all Funds, and in such amounts, that are dm required under this Section 3. Lender may, at any time, collect and hold Funds m an amount (a) sufficient to permit Lender to apply the Funds at the trove specified under RESPA, and (b) not to exceed the maxiautin amount a lender can require under RESPA. Lender shall estimate the amount of Funds -due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, - instrumentality, or entity (including Leader. if Lender is an institution whose deposits are so insured) or in any Federal Haase Loan Rank. Leader shall apply the Fonds to pay the Es cmw Items no later than the time specified under RFSPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or eamings on the Funds. Borrower and Lender can agree in writing, however, that interest 1153588 r ®-SA(PA) tosoer•v? Pipe 6 of 18 Form 3033 1101 BK i 984PG0940 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as requited by RFSPA. If there is a surplus of Funds held in escrow, as defined tender RESPA, La Wee shall account to Borrower for the excess funds in accordance with RFSPA. If there is a shortage of Funds held in escrow, as deftaed under RESPA, Lender shall notify Borrower as required by RESPA. and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Fuada held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RFSPA, and Borrower shall pay to Leader dhe amount necessary to make up the deficiency in accordance with MPA, but in no more dean 12 monthly payments. Upon payment in fWl of all suers seemed by this Security Instrument, header shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all" taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security butiument, leasehold payments or ground rents on the Property, if any, and Comm+mity Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower. shall pay them in the mum provided in Section 3. Borrower shall promptly drseharga my lien which has priority over this security Instrument uakas Borrower: (a) agrees in writing to the payment of the obligation seamed by the lien in a matmer acceptable to Lender, but only so long as Borrower is performing sucb agreement; (b) contests the lien in good faith by. or defends against enforcement of the Lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those pings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Leader subordinating the lien to this Security Imdrunw. If L alder determines (bat any part of the Property is subject to a lieu which can attain priority over this Security hartaaust, Lender may give Borrower a notice identifying the lien:. Within 10-days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a oue-tithe charge for a real estate tau verification and/or reporting service used by Leader in connection with this Loan. 5. Property htsur'ance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term 'extended coverage,' and any other hazards including, but not limited to, earthquakes and floods, for which Lender rcquism insurance. This insurance: shall be maintaW.ed in the amounts' (including deductible levels) and for the periods that " Lender reTures. What Lender requites pursuant to the preceding sentences can change during the term of - the Lean. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in conneWon with this Loan, either: (a) a-onc4ime charge for flood zone' determination, certification and trwAdng services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time r,emappings 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. 1155588 8A(PAJ 2o5081At _ P.Q. 8.f t a Forth 3038 1101 OK 1984PG0941 If Borrower fails to main air any of the coverages described above, Lender may obtain insturAme coverage, at Lender's option and Borrower's expense. Leader is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage' shall oover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the cow of the Property, against any risk, hazard or liability and might provide greater of lesser coverage than was previously in effect. Borrowers acknowledges that the cost of the insurance coverage so obtamod might significantly exceed the cast of insurance that Borrower could have obtained. Any amounts disbursed by bender under this Section. 5 shall become additional debt of Borrower secured by this Security Instrument. l'bese amounts shall bear interest at the Note rate b m the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. Ail insurance policies required by Lender and renewals of such policies shall be subject to bender's right to disapprove such politics, shall include a standard mortgage clause, and shalt name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal- notices. If Borrower obtains any form of irmaxwe coverage, not otb=wise.trquuvd by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clan+e 'and shall name Leader as mortgagee and/or as an additional loss payee. in the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may stake proof of loss if net made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair in economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Leander has had an opportunity to respect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undettskeu promptly. Leader may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in' writing or Applicable Law requires interest to be paid on such insurance proceeds, Leader shall not be required to pay Borrower any interest or earnings on such proceeds. Foes for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the We obligation of Borrower. If the restoration or repair is not economically feasible or Leader's sec urky would be lessened, the insurance proceeds shall be applied to the slums secured by this Security instntment, whether or not then due, with the excess, if any, paid to Borrower. Such mi ranee proceeds shall be applied in the order provided fix in - Section 2. If Borrower abandons the Property, Lender may file, negotiate and settee any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given, to either event, or if Lander Requites the Properly 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 stnounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refired of unearned premiums paid by Borrower) tinder all uLwrance policies covering the Fropetty, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Insamn ad, wbether or not then due. 11535$$ ? /10- AMA) (oGoei-ai Pme z of ie Farm 3039 1101 OK t984PGO942 & occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Inatinrmeat and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, Was Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circrmnstanlces exist which are beyond Borrower's control. 7. Preservation, Maintenance and Prutecdoo of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section S that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If immnmxx or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shallbe responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments is the work is cwVleted. If the insuramce or condemnation proaods are not stflicient to repair or restore the Property, Borrower is not relieved of Botrower's obligation for the completion of such repair or restoration. Lender or its agent may snake reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the izapmvements on the Property. Lender shall give Borrower notice at the tune of or prior to mwb an interior itnWAon specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent-gave materially false, misleading, or inaccuraw information or statements to Lender (or failed to provide Leader with material information) in connection with the Loan. Material representations include, but are -not' limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Leader's Interest in the Properly and Rights Under *k Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Leader's interest in the Property and/or rights under this Security Insuument (such as a proceeding in bankruptcy, probate, for"condamnstion or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument- or to talent laws or regulations), or (c) Borrower' bas abandoned the Property, then Leader may do and pay -for whatever is - reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instnmment, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are-not limited to: -(a) paying any sums secured by a lien which has priority over ties Security Instnuuent;, (b) appearing in court- and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Insaument, including its secured position in a bankruptcy proceeding. Securing the Property includes. but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lewder incurs no liability for not taking any or all actions authorized under this Section 9. 1153588 iNtlalc? 4-6AMA) 10501UAt Paps a onto - Form 3039 7101 _- Bit 1.984PG0943 Any amounts disbursed by Lender tracer this Section 9 shall become additional debt of Borrower secured by this Security Instrument. 'these amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Leader to Borrower requesting paYa=L If this Security Insttument is on a leasehold. Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing- . 14. Mot 'Insurance. If Linder required Mortgage Insurance as a condition of malang the Loan, Borrower shall pay the prem mus required to maintain the Mortgage Inatrance in effect. If, for any reason. the Mortgage Insurance coverage required by Leader ocam to be available fitamt the mortgage roam that previously provided such insuram and Borrower was required to make Separately designated. payments toward the premiums for Mortgage Irtstuacnce, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage hour m previously in effect, at a coat substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by I..etufer. If substantially equivalent Mortgage. Insurance coverage is not available, Borrower shall continue to pay to L der the acmnar t Of tth?e, separately designated payments that wear duo when the a*+?+?mwe.coverage ceased to be in effrect. Lmde will =Wt, use and retain elm payments as a non-refundable loss reserve in lieu of Mortgage hoursaw. Swh loss rwavo shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Linder shall not be required to pay Borrower any ink=st or earnings on such loan reserve. Leader can no longer require loss reserve payments if Mortgage Insurance oovetag4 (in the amount and for the period that Leader requires) provided by an insurer 3daxed by Lender again becomes available, is obtained, and Lander requires separately designated payments toward the pmniums for Mortgage Imuranct:. If Leader required Mortgage Insurance as a condition of making the Loan and Borrower was m juirod to melee separately designated paymcuts toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintaim Mortgage Insurance in effect, or to provide a non-refundable lose reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement betwam Borrower and Lerida providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Leader (or any endly that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a patty to the Mortgage Insurance. Mortgage imsurets evaluate their total risk on all such insurance in force from time to time, and may enter into agroaneots with outer. parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage inwrer.and the other patty (or parties) to these agroements. These agreements may regWre the mortgage insurer to mate payments using any source of funds that the mortgage insurer may have available (which may. include finds obtained from Mortgage Insurance preriniums). As a result of these agmements, Lender, any purcbaw of the Note, another insurer, any remmer, any oter entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender talms a sham of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed *c aptive reinsuranoo. * Further: (a) Any such agreements win not afyaxt the amouata that Borrower has agreed to pay for Mortgage Imuratnce, or any other terms of the Loan. Sneb agrermeuts will not incr+esae the amount Borrower xiil owe for Mortgage lnsurmce, and they wiled not a adOe Borrower to any refund. 1153588 1NiW? at"(PAI toeoaf.oe P+Q. s d ie Farm 3039 1101 Bit 1 984PG0944 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage I awvnce under the Homeowners Protection Act of 1998 or any other law. These riots way. include the right to receive certain di dom-eel, to regneat tuod obtain caaodLd an of the Morrtpp Lrsu rm", to bone the.Mortpge Insurance tam autowdes ty, And/or to reodve a refund of any Mortgage Insurance premiums tbtet were tend rmd at the time of such amcd ttion or terminuttian. 11. Assignment of MEsodianeous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender, If the Property is damaged, such Miscellaneous Proceeds shah be applied to restoration or repair of the Property, if the restoration or repair is economically feasible aid I. xler's security is not lessened. During such repair and restoration period, bender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to erasure the work has been complexed to Lender's satisfaction. provided that such inspection shall be uudertalcmr promptly. Lender may pay for the repairs and restoration in a single disburseram or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requites itnetast to be paid on such Miscellaneous Proceeds, Lender shall- not be required to pay Borrower any interest or earnings. on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums sec and by this sowdty Ins&ument, whether or not then due, with the excess, if Buy, paid to Borrower. Skit Miscctlaunsous Praceecls shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the, Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security hLuru mt, whether or not then due, with the excess, if any, paid to Borrower: In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before tine partial talking. destruction, or loss in value is equal to or greater than the awmt of the sums secured by this Security instrument immediately before the partial taking, destruction; or loss in value, unless- Bortower.and Lender otherwise agree in writing, the sums secured by. this Security Instrumia t shall be reduced by the amount of the Mtsailatxous Proceeds multiplied by the following fraction: (a) the total amount of the sums seet>Fed immediately before the partial taking, dmtruction, or ions itt value divided by (b) the fair market value of the Property kamedia dy before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial. taking, destruction, -or loss in value is less than the amount of the sutra seemed immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous. PtnM& shall be applied to the miens secured by this security Instrument whether or not the snags' are then due. If the Property is abandoned by Borrower, or if, after notice by Lander to Borrower that the opposing Party (as defined- in the next sentence) offers to 'make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date efts notice is given, Leader is auftd7td to collect and apply the MbMIlaneous Proceeds either to restoration or. repair of.the Property or to, the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Misalianeous Proceeds. Borrower shall be in default if any action or pnmeding, whether civil or criminal, is begun that, in Leader's judgment, could result in farfeitum of the Property or other material impairment of Lender's interest in the Property or rights under this Socurk Iastcumeat. Borrower can tam such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be 1153588 . W 4 $A(PA) I06oawi P.o.1o f is Farm 3039 1101 8K 1984PG0945 dismissed with a ruling that, in Fender's judgment, precludes forfeitum of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that arc attributable to the imps anent of Larder'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 older provided for in Section 2. 12. Borrower Not Rdessed; Forbearance ,By Wider Not a Wawa. Extension of the time for payment or modification of amortization of the stans secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Leader shall not be required to win a proceedings against any Sueressor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security linumnrrxut by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lander in actrcising any right or remedy including, without limitation. Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or zmedy. 13. Joba and Screrat UabOtty; C"Ignava Successors and Asap Baund. Borrower covenants and agrees drat Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not exaarte the Note (a °co-signer'): (a) is co-signing this Security Instrumrent only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums. secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agreeto extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Notre without the co-signer's consent. Subject to the provisions of Saxton 18, any Successor in Inerest of Borrower who. assumes Borrower's obligations under this Security Instrument in writing, and is approved by Leader, shall obtain all of Borrower's rights and benefits. under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability wader this Socu:ity Inshument unless Leader agrees to such release in writing. The covenants and agreements of. this Security Instrument shall bind (except as provided in section 20) and benefit the successors and assigns of Lender. 14. Lowe Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. "Lender may not Charge - fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such ldan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any surds already oollected from Borrower wWch exceeded permitted Limits will be refunded to Borrower. Lender may choose to maim this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be grated as a partial prepayuyCnt without any prepayment charge (why or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notkes. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connexion with this security Insautne:ut shall be deemed to 1153588 BAMA) tosoetzi secs tt ar ?e t,tn.ts a 00- Form 3039 1101 OK 1984PGO946 have been given to Borrower when trailed by firs[ class mail or when actually delivered to Borrower's notice address if seta by other means. Notice to any one Borrower shall constitute notice to A Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Fender. Borrower shall ptnmptly notify Lender of Borrower's change of address. If Leader spelles a provodure for reporting Borrower's change of address, then Borrower shalt only report a arrange of addreu through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time- Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless bender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument stall not be cheered to have been given to Leader until actually received by Lender. If any notice required by this Security last runient is also required under Applicable Law, the Applicable Law requires will satisfy the corresponding requirement under this Security Instrument. lb. Governing Law; SeverabiNty; Rules of Conatritctlon. I'bis Security lastrumeant shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law mi& explicitly or implicitly allow the parties to aim by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In. the event that any provision or clause of this Security lustrum nt or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Inummnent or rite Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender, (b) words in the singular shall mean and include the plural and rice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shalt be given one copy of the Note and of this Security Instrument. 18. T'raosfe" of the Pmpetty or a Besetfeiai IffQ'et in Borrower. As used in this- Section 18. "Interest in the Property" means any legal or. beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, coabact for deed, installment sales oontract or escrow agreement, the intent of which is the ttawfer of title by Harrower at a future date to a purchaser. If ail or any part of the Properly or any b tetest in the Property is sold or tranfered (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transfixed) without Leader's prior written consent, Leader may iequim immediate payment in full of aft stags secured by this Security Instrument. -However;. this option shall. not be exercised by Lender if such exercise is prohibited by Applicable Law. if Lender exercises this option, 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 wcordance with Section 15 within which Borrower must pay all su= secured by this Security Instrument. If Borrower fails to pay the= sums prior to the expiration of this period, Under may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. - 14. Borrower's Right to Relustate After Aacdavdoa. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before We of the Property puravaat to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law migU spor,* for the termination of Borrower's right to reinstate, or (c) entry of a judgment enfarcing this Security Instrument. Those conditions are that Borrower: (a) pays Leader all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any defatdt of any other covenants or 1153588 At"WAl !owner-o i Pape 12 of 19 .4.-W Faun 3038 1101 8K 1984PGO947 agreements; (c) pays all expenses incurred in enforcing this Security Imt rnment, including, but not limited to, unable attorneys' fees, property inspection and valuation fns, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under-this Security Instrument; and (d) takes such action as Leader may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to gay the Snrns seemed by this security Instrument, shall continue undmngod. Leadrar may require: that Borrower pay such vmstatenmeet stems and expenses in one or more of the following forum, as selected by Deader: (a) cash; (b) money order, (c) certified check, bank check, treasurer's check or cashier's chcdr, provided any such Check is drawn upon an institution whose deposits are insured by a federal agerxy, koftvmemtality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, tins Security Instnva unt and obligations secured hereby shall. retrain fully effective as if no acceleration bad occturod. However, this right to Mutate mall not apply in the case of acceleration under Section I& 2t1. Sale of Note change of Loan SexAcer; Notke of CAewanee. Thre Note or a partial interest in the Note (together with this Security lmtrunxu) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the 'Loan Suviver") that collects Periodic Payments due under the Note and this Security InMiraent and pertrins other mortgage loan servicing obligations trssdet the Note, this security I wuvmcnt, sad Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note_ if there is a change of the Loan Servicer, Borrower will be given written notice of the Change which will rate the name and address of the new Loan Swam, the address to which payments should be made and any other information RESPA requires in connection with 'a notice of transfer of servicing. If the Note is sold and themaAer the Loan is serviced by a Low Sexviw other than the pure hs= of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Sexvicer or be trandwa d to a successor Loan Send= and are not assumed by the Note purchaser uadess otherwise provided by the Note purchaser. Neither Borrower nor Leader may commence, loin, or be joined to any judicial action (as' either an individual litigant or the i=bex of a class) that arises from the other party's actions pursuant to this Security Instiumemt 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 Landeir has notified the other party (with such notice giver incompliance with the tnquiraomeuts of Section 15) of such allo od breach and afforded the other party hereto a reasonable period after the giving of such notice to take concetive action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for proposes of this patagrVh. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower prrmmt to Section is shall be deemed to satisfy the notice -and- opportumity to take corrective action provisions of this Section 20. - Sl. %zatrdam Sebetsum. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances. pollutants, or wastes by Environmental Law and the fallowing substances: gasoline, kerosene,' other sammabie or toxic petroleum products, tonic pesticides and herbicides, volatile solverne, materials containing asbestos or formaldehyde, and radioactive materials; (b) 'Environmental law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) 'Environmental Cleanup' includes any response: action. remedial action, or removal action, as defined in Environmental Law; and (d) an 'Environmental Condition* means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. 1153588 t l SAtPAI pwai.ot Pa" 13 or 19 _ Form 3039 1/01 OKI984PGO948 Borrower shall not cause or permit the presence, use, disposal. storage, or release of any Huardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do. the Pwpaty (a) that is in violation of any nor allow anyone else to do, anything d? Law, (b) which create: an EivironmeatalCoadmon, or (c) which,. due to the pry, use, or release of a Hazardous Substance, creaw a condiuion that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property o small quantities of Hazardous Substances that are ggea?my ?S? to be appropriate to nQnmal residwtial uses and to maintenance of the Property (iacludin?g; but not limited to, hazardous submaces in consauaer products). Borrower shall promptly give Lander w62M notice of (&) any invesgation, claim, deed, Umwt or other action by any governmental or rtgulaunry agency or pn 0e gaudy involving the Pfoperty and any Hazardous Substance or Environmmtal Law of viWcb Borrower has actual kwvWp, (b) any Environmental Condition, including but not limited to, any spilling, leaking, diediarge, release or threat of release of any Hazardous Subsiaare, and (c) any condition hosed by the presence, use or rdease of a Hazardous Substance which adversely afftacxs the value of the Property. If Borrower learns, or is notified by any governmental or regulatory Mhority, or any private party, that an removal or other remediation of any Hazardous Substance affecting tie Property is necessary, Borrower shall promptly fate all namsaary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM C©VENAtM- Bonvwcr and Lauder further covenant and agree as Mows: 22. Acceleration; Remedies. Linder shell give nice to Borrower pdw to anedw adsn fwkwing Borrower's brew of any covemat or agreement In V* Security hiskummat (but not pdw to accdexadon under . Section 18 m im9 Law provides edwxwbe). Leudar shill doing Borrower of, among other things: (a) d m,=. ?) the acdae reakrtd to care due def*W4 (c) when the default must be cured; and (d) that fai'rire to snare the &Msaft w spedibd may rewlt in acceleradon of the sums secured by tbb Secasity tadheatneat, fanwkwee by jadeb[ prect Ing and sale of the Property. Linder doll (arlbw Warier Borrower of the dSM to rsisstiI der aeodaadton and the right to assert in the foredosam prucud-haz the non-adit ice of a delmdt or any odd defense of Borrower to acceleration and foredo in. N the detanlt Is not cured as specgftd, Ldder at its option may require l amedlate tin fad of erg sinters setmirad by this Seeusriy IaskWMt LAIMAW without truth r demand and wary oredom this Security 7astrlmait by J=Vow* shalt be euWW to collect all expenses lacmid In pm the remedies s 99"M 22? Including, but not limited to, attorneys' fees and coeb of tide evidaice to the mdeent petuftied by Applicable Law. 23. Rdeme. Upon payment of all sums secured by this Security iota umuent, this Security Lnstru anew and the estate conveyed shall terminate and become void. After such occurrence, Larder shall discharge and satisfy this Security Irapnnnerit. Borrower shall pay say recordation costs, Lender may charge Borrower a fee for releasing this Security lostnumeut, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted-under Applicable Law. 24. Washers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enform this Security Instrument. and hereby waives the benefit of any present or future laws providing for stay of exeaudon, extension of time, exemption from attachment, levy and sale, and homestead va"tion. 25. Reinstatement Period: Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instnunw. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Intmunesit shell be a purhase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the iooetrst rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shalt be the race payable from tune to time under the Note. 1153588 I IcMU.1sj? BAIPA) (=wo i Form 3039 1101 OK 1984PG0949 1 , . BY SIGNING BELOW. Borrower accepts and agrees to the terms and covenants contained m this Security Instrument and in any Rider exemAed by Borrower aad recorded with it- Witnesses: i, 7? z jz J /Wil JAV?&& (SCRO Melanie 4 S ith -$ormmv - (Seal) -Bormwar (Seal) (Seal) -earmwer Wrmwcr (Seal) (Seal) -Borrower -Bo mover (Seal) (Seal) -Borrower -Bormwar 1153588 - 4R-GAiPAt (0wam Pap t 6 ut 1 a Frxm 3039-1101 BKI984PGO950 COMMONWEALTH OF PENNSYLVANIA, av County se: On this, the a Y day of l d e u7 , before me, the undersigned officer, personally appeared Melanie L Smith known to me (or satisfactorily proven) to be the person(s) whose name(s) istare sttb=ibcd to do within instrumtat and acknowledged that helshelthey executed the same for the p9T-6ses herein contained. IN WITNESS WHEREOF, I heresmo set ray hand and official seal. My Commission Expires: SMA11H RE p V Kwrtt L. &W h. NOW PJW- i4tla? , 20111 L I U avbw. P,,wp ft Asasolanai d NaerfM Tick of 0f6ccr Certfflcate of Residence 1((TAr ;)t , -t , do heteby cettifY that 1. tj l? It- the correct address of the within-named Mortgagee is P.O. Box 2026,-Flint,. 141 48501-2026. - Witness my hand this 28th 1153saa 4%-GA(PA) tosaef.or day of February, 2007 Agent of Modgaget Y buMa Peq.+6 of to farm 3039 7107 Bit ! 984PG095 t Stewart Title Guaranty Company Commitment Number; 2007020086* SCHEDULE C PROPERTY DWRIPTUM The land referred to in this Commitment is described as follows: AS DESCRIBED IN DEED BOOK 264, PAGE 3452 ALL THAT CERTAIN tract of land situate in the Township of Hampden, County of Cumbertand and CommonwesM of Pennsylvania, hounded and described as follows, to wtt: BEGINNING at a point on the Northern right-of-way line of Silvercreek Drive, said point being located a distance of 551.86 feet West of the dedicated right-0-my line of Jerusalem Road and at the dividing line between Lot No. 5 and Lot No. S. thence by the Northern right-of-way line of Sitvercreek Drive, South 61 degrees 00 minutes 00 seconds East a distance of 140.00 feet to a point at the dividing line between Lot No. 6 and Lot No. 7; thence by said dividing line, North 29 degrees 00 minutes 00 seconds West a clistence of 150.00 feet to a point at lands now or formerly of Homer thence by the same, North 61 degrees 00 minutes 00 seconds East a distance of 100.00 feet to a point at the dividing line between Lot No. 5 and Lot No. S. thence by said dividing line, South 29 degrees 00 minutes 00 seconds East a distance of 150.00 feet to a point, the place of BEGINNING. PARCEL #10-16-1062-024 ALTA Cammftent ScheduleC (20070200M.PFDt2007020011043) -- Oft f 984PGO952 ADJUSTABLE RATE RIDER, to Smix ity Inotrmuent (LIBOR 6 Mouth Index -As Pabllsked Is The Walt Straut Joarnat - Rate Caps) (To Be Recorded Together with Security Instrument) THIS ADNSTABLE RATE RIDER is made this 28th day of February , 2007 and incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Adjustable Rate Note (the "Note") to EquiFirst Corporation (the "Lender") of the some date and covering the property described in the Security instrument and located at: 5510 Silvercreek Drive, Mechanicsburg, PA. 17050 (property address) THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST.RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORIkOWEWINTERF„ST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM AND MIMW M RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 6.900 %. The Note provides for changes in the interest rate and the monthly payment as follows: (A) Change Dates The interest rate I will pay may change on March 1, 2009 and on that day every sixth month thereafter.* Each date on which my interest rate could change is called a "Change Date". (B) The Index Beginning with the first Change Date, my. interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in ?Ire Wall' Street JoZO Mt The most recent Index figure available as of the first business day of the month immediately preceding the month is which the Change Date occurs is the 'Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Caleulrtthn of Changes Before each Change Date, The Note Holder-will calculate my new interest rate by adding 2.500 - percentage points (2.500 %) to the Current Index. The Note Holder will then round the result of this addition to the neartst one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my interest rage until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expooed to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 9.9000% or less than 6.900% . Thereafter; my interest raw will never be increased or decreased on any single Change Date by more than one tale point(s) (1.00%) the rate of interest I have been paying for the preceding six months. My interest rate will never be greater than 12.900 % or less than the initial interest rate provided for in Section 2 of this Note. 1153588 EF0611-(05102) Page 1 oft 8K 1984PGO953 (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the fast monthly payment date after the Change Date until the amount of my monthly payment changes again. (t) Notice ofCkanges The Note Holder will deliver or mail to me a notice of any changes in my new interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPER'T'Y OR A BENEFICIAL RMREST IN BORROWER Uniform Covenant 17 of the Security Instrutent is amended to read as Mows: Transfer of Property or a beneficial Interest in' Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person), without Lender's prior written consent, Lender may, at its option, requite immediate payment in full of all sums secttrM by this Security Instrument. However, this option shall not be exercised by Lander if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option if, (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a now loan were being made to the transferee; and (b) Lender reasonably detetmlaw that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Leader. To the extent permuted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assttarption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Leader and that obligates to the transfer= to keep all the promises and agreements made in the Note and in the Security Instrument. Borrower will continue to be obligated under the )`Tote and this Security lnstnttnettt unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 34 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security InstrumouL If Borrower fails to pay these sums prior to the expiration of this pettod, Lender may invoke any remedies permitted by this Security Instrument without firrther notice or demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. Melanie L Sm t 1153588 EF0612 (5102) page 2 of 2 Rf!984PG0954 ADJUSTABLE RATE INTEREST RATE FLOOR & PREPAYMENT PENALTY Rider to Security Instrument (To Be Recorded Together With Security Instrument) This ADJUSTABLE INPEREST RATE FLOOR & PREPAYMENT PENALTY RIDER (the "Rider") is made this 28th day of Febn uy, 2007, and amends the Mortgage, Deed of That or Security Deed (the "Security Instrument") dated the same date and given by the person(s) who signs below (the "Borrower(s)") to EquiFirst Corporation (the "Lender") to secure prepayment of a Note in the amount of U.S. S 184,000.04. In addition to the agreements and provisions made in the Note and the Security lnstrumcnt, and notwithstanding any provisions to the contrary contained in said Note or the Sowrity Instrument, boot the Borrower(s) and the Lender further agree as follows ADJUSTABLE INTEREST RATE FLOOR This loan has an Interest Rate "Floor" which will limit the amount the Interest hate can decreasa. 'Regardless of any changes in the index, the Interest Rate during the term of this .loan will never be less than the initial Interest hate provided for in Section 2 of the Note. PREPAYMENT PENALTY In the event, during the first 2 years after the execution of this Note, I make a prepayment and the prepayment exceeds twenty percent (20'/0) of the original pnnxI amount of the loan in any twelve (12) month period, I will pay a prepayment charge in an amount equal to six (6) months! advance interest on the amount prepaid which is in excess of twenty percent (20%) of the original principal amourtt of the loan within the twelve (12) mouth period. The Note Holder will not assess a prepayment penalty after the 2nd anniversary of the date of execution of this Note. I Cerhfif thins to be recorded . X31 (?lmwfs ?? . Melanie L Smith Recorder of Deeds EF059 (05/02) 1153588 ON 1984PG0955 STERN & EISENBERG, PC 410 THE PAVILION 261 OLD YORK ROAD JENKINTOWN, PA 19046 (215) 572-8111 Date: June 12, 2012 Melanie L. Smith 119 South Chestnut Street Mechanicsburg, PA 17055-6546 Property (if different than mailing address - notice also sent to properly): 5510 Silvercreek Drive Mechanicsburg, PA 17050 NOTICE OF INTENTION TO FORECLOSE MORTGAGE (ACT 6 NOTICE) The MORTGAGE held by SABR MORTGAGE LOAN 2008-1 REO SUBSIDIARY-1 LLC, by its Attorney-in-fact Ocwen Loan Servicing,LLC (hereinafter we, us or ours) on your property located at 5510 Silvercreek Drive, Mechanicsburg, PA. IS IN SERIOUS DEFAULT BECAUSE YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly-payments from July 1, 2010 through and including June 12, 2012 as follows: Payments of $1,441.49 due on 07/01/2010 through and including 10/01/2010, in the amount of .....................................................................$5,765.96 Payments of $1,516.45 due on 11/01/2010 through and including 03/01/2012 in the amount of .....................................................................$25,779.65 Payments of $1,511.81 due on 04/01/2012 through and including 06/01/2012 in the amount of .....................................................................$4,535.43 Other charges (explain/itemize): Late charges: .......................................................................... $544.85 Fees billed ..............................................................................$1,629.00 Other charges (explain) ........................................... $0.00 ............... Less suspense ..........................................................................$0.00 TOTAL AMOUNT PAST DUE: .................................................... $38,254.89 The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is $38,254.89. D You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to its the above amount of $38,254.89, plus any additional monthly payments and late charge which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at: SABR MORTGAGE LOAN 2008-1 REO SUBSIDIARY-1 LLC, by its Attorney-in-fact Ocwen Loan Servicing,LLC P.O. Box 6440 Carol Stream, IL 60197-6440 Make sure your account number - 706241791 is on your payment If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If frill payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay, off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs foreclosure sale. You may do so by paying the total amount of the unpaid monthlypayments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and, if applicable, perform any other requirements tinder the mortgage also in default. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately four to six months from the initiation of a foreclosure action; however, the time to foreclose in each county is different. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default, including fees and costs, will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: (800) 446-2936. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You may also call us at the above number to see if there are other arrangements that may be available. You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in the mortgaged property. If you continue to live in the property after the Sheriff s sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. 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 HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will he restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. Sincerely, STERN & EISENBERG, PC BY: & Eisenberg, PC Pursuant to notice published by the PHFA`at 41 Pa.B. 2789 in accordance with 35 P.S. 1680.409c of the Act (35 P.S. 1680.101, et. seq., also known as Act 91), effective August 27, 2011 and until further notice of the PHFA, mortgagees may take legal action to enforce a mortgage without any further restriction or requirement of Act 91. Regardless of whether or not your mortgage loan is subject to the notice requirements under 41 P.S. §403 (Act 6), this notice is also given to you pursuant to the terms of your mortgage obligation. The dollar amount of mortgages covered by Act 6 may be found in the Pennsylvania Bulletin. VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND REGULAR MAIL 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 LETTERINOTICE 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. j? l.I 10 Am II: 1 1 SABR MORTGAGE LOAUMBERLANO COUNTY FORM 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. MELANIE L. SMITH /? _ 7 L? ?"'J? ?? 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 (717)243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with 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: J6? J -?- d,4 W_/ e (? ??- / Date Signature of Counsel f 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: CUSTOMERIPRIMAR Y APPLICATION Borrower name (s): Property Address: City: Is the property for sale? Yes ? Realtor Name: Borrower Occupied: Yes ? Mailing Address (if different) No D Listing date: Non City: State: Phone Numbers: Home: Office: Cell: Other: Zip: Email: # of people in household: How long? CO-BORROWER Mailing Address: City: Phone Numbers: State: Office: Other: 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: Total Mortgage Payments Amount: $ Date of Last Payment: Primary Reason for Default: Included Taxes and Insurance: Home: Cell: State: Zip: Price: $ Realtor Phone: Date You Closed Your Loan: Is the loan in Bankruptcy? Yes ? No E] If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Home: $ Other Real Estate: $ Retirement Funds: $ Investments: $ _ Checking: $ Savings: $ Other: $ Automobile #1: Model: Amount owed: Value: Automobile #2: Model: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: _ Year: Amount owed: Value: Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. 2. Borrower Pay Days: Monthly Gross Monthly Gross Monthly Gross Monthly Amount: _ Monthly Amount: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently oavine) 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: Value: Year: Counselor: Phone (Office): Email: 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 I/We, authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/we understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Date 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 SABR MORTGAGE LOAN VS. MELANIE L. SMITH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) 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 SABR MORTGAGE LOAN MELANIE L. SMITH vs. Plaintiff(s) Defendant(s) CASE MANAGEMENT ORDER AND NOW, this day of FORM 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil ,20 , the defendant/borrower in the above-captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on at . M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the Plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which 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, SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor a~~~~~ ofi 4iunt'.~ery ,,, ~ +~} ~~~~~:~ ~~~ ~~~ ~R~7t~4~T6~,!'~ AUK 27 bM 1D= t ., "` ~ ~ i Sabr Mortgage Loan ' vs. Case Numb r Melanie L. Smith 2012-4978 ,~ SHERIFF'S RETURN OF SERVICE 08/17/2012 03:57 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on ~ August 17, 2012 at 1557 hours, she served a true copy of the within Complaint in Mortgage Foreclos re and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defenda t, to wit: Melanie L. Smith, by making known unto Jason Hara, Boyfriend of Melanie L. Smith and adult in charge at 119 S. Chestnut Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 its cont nts and at the same time handing to him personally the said true and correct copy of the same. Request or service at 5510 Silvercreek Drive, Mechanicsburg, Pennsylvania 17050 is vacant. AMANDA COBAUG~I, DEP SHERIFF COST: $48.00 August 20, 2012 SO ANSWERS, G'-~ t~ R ANDERSON, SHERIFF • t 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) ?, ,emu 12 CT 2? Flv I? l ;i';3 RLAND COUN i Y -'Fidi SYt??`AP3iA IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY SABR MORTGAGE LOAN 2008-1 REO SUBSIDIARY-1 LLC by its Attorney-in-fact, Ocwen Loan Servicing, LLC V. Melanie L. Smith Civil Action: 12-4978-CV MORTGAGE FORECLOSURE AMENDED 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 5510 Silvercreek Drive, Mechanicsburg, PA. 1. Name and address of Owner(s) or Reputed Owner(s): Melanie L. Smith 119 S Chestnut St Mechanicsburg, PA 17055-6546 2. Name and address of Defendant(s) in the judgment: Melanie L. Smith 119 S Chestnut St Mechanicsburg, PA 17055-6546 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: DD Acquisition Sub, LLC 6302 E. Dr.Martin Luther King Blvd., Suite 300, Tampa, FL 33618 5. Name and address of every other person who has any record lien on the property: Township of Hampden 230 S. Sporting Hill Road Mechanicsburg, PA 17050 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 Cumberland County 13 North Hanover Street Carlisle, PA 17013 Tenant(s)/Occupant(s) 5510 Silvercreek Drive, Mechanicsburg, PA, 17050. Tax Claim Bureau Cumberland County Courthouse One Courthouse Street Carlisle, PA 17013 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 unworn falsification to authorities. Date: October 22, 2012 STERN & EISENBERG, PC BY COMMONWEALTH OF PENNSYLVANIA Noarl.l WI Argwa t1afte ?, Notory Public AbkVW TWO., M& Oontwy County CpMN1 OM INOW Nov, 24, 2012 Q~' ft"WROW9210- of NQWW Sworn to and subsc 'bed before me this Day of 2012. ? STEVEN K. EISENBERG, ESQUIRE 2-KEVIN P. DISKIN, ESQUIRE ? JACQUELINE F. McNALLY, ESQUIRE ? JOSEPH K. REJENT, ESQUIRE ? LEN M. GARZA, ESQUIRE ? CHRISTINA C. VIOLA, ESQUIRE Attorney for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson' Sheriff C l t{{�pE IP R 0 T 14 r € s `' y��tktilq 6� 4Mtlttb��f��lk 3 CI.' S 1 Jody S Smith jj �J S Chief Deputy Richard S' Richard W Stewart CUMBERLAND COUNTY Solicitor OFF-ICE FF PENNSYLVANIA Sabr Mortgage Loan Case Number vs. 2012-4978 Melanie L. Smith SHERIFF'S RETURN OF SERVICE 01/03/2013 05:15 PM - Deputy Ryan Burgett, 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 5510 Silvercreek Drive, Mechanicsburg, PA, Cumberland County. 01/03/2013 08:32 PM - Deputy William 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: Melanie L. Smith at 119 S. Chestnut Street, Mechanicsburg Borough, Mechanicsburg, PA 17055, Cumberland County. 03/07/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberlad County, on March 6, 2013 at 10:00 a.m. He sold the same for the sum of$ 1.00 to Attorney Kevin Smith, on behalf of SABR Mortgage Loan 2008-1 REO Subsidiary-1 LLC, c/o Ocwen, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $1,031.03 SO ANSWERS, April 30, 2013 RONNY R ANDERSON, SHERIFF y STEVEs1 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 SABR MORTGAGE LOAN 2008-1 REO SUBSIDIARY-1 LLC by its Attorney-in-fact, Civil Action: 12-4978-CV Ocwen Loan Servicing, LLC V. Melanie L. Smith MORTGAGE FORECLOSURE Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 1, 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 5510 Silvercreek Drive , Mechanicsburg,PA. 1. Name and address of Owner(s) or Reputed Owner(s): Melanie L. Smith 119 S Chestnut St Mechanicsburg, PA 17055-6546 2. Name and address of Defendant(s) in the judgment: Melanie L. Smith 119 S Chestnut St Mechanicsburg, PA 17055-6546 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: DD Acquisition Sub,LLC 6302 E. Dr.Martin Luther King Blvd., Suite 300, Tampa,FL 33618 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) 5510 Silvercreek Drive , Mechanicsburg,PA, 17050. 1 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 unswom falsification to authorities. Date: October 1, 2012 STERN & EISENBERG, PC BY: "'� �VEN�KE SENBERG, ESQUIRE KEVIN KIN, ESQUIRE COMMONWEALTH OF PENNSYLVANIA ❑ JACQUELINE F. McNALLY, ESQUIRE Seim ❑ JOSEPH K. REJENT,ESQUIRE Angela 1r%ff1 .Notary Public ❑ LEN M. GARZA, ESQUIRE AblttpW"f".,Montgomery County My mm►ulan .Or**Nov.2S,2092 ❑ CHRISTINA C. VIOLA,ESQUIRE -W-m—W FoRRIVVarb A6608110n of Notaries Attorney for Plaintiff Sworn to and subscribed before me this ` Day of 2012. Notary P lic STEvEr4 K.EISENBERG,ESQUIRE(75736) KEVIN P.DISKIN,EsQuIRE(86727) JOSEPH K.REJENT,ESQUIRE(59621) STERN&EISENBERG,PC THE PAVILION 261 GILD YORK ROAD,SUITE 410 7ENKINTOWN,PENNSYLVANIA 19046 TELEPHONE:(215)572-8111 FAcsiMiLE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY SABR MORTGAGE LOAN 2008-1 REO SUBSIDIARY-1 LLC by its Attorney-in-fact, Civil Action: 12-4978-CV Ocwen Loan Servicing, LLC V. Melanie L. Smith MORTGAGE FORECLOSURE Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Melanie L. Smith 119 S Chestnut St Mechanicsburg, PA 17055-6546 Your real estate at 5510 Silvercreek Drive , Mechanicsburg, PA is scheduled to be sold at Sheriffs Sale on Wednesday, March 6, 2013 at 10:00 A.M. , at Sheriff's Office, Cumberland County Courthouse, Carlisle, PA 17013 (location of sale) to enforce the court judgment of $220,366.33 obtained by SABR MORTGAGE LOAN 2008-1 REO SUBSIDIARY-1 LLC, by its Attorney-in-fact, Oewen 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. 3. You may also be able to stop the sale through other legal proceedings. J * ` You may need an attorney to assert your rights. The sooner you contact one,the more chance you'wiIl 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 STEVEN K_EISENBERG,ESQUIRE(75736) KEVIN P.DISICIN,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 SABR MORTGAGE LOAN 2008-1. REO SUBSIDIARY-I LLC by its Attorney-in-fact,Ocwen Civil Action: 12-4978-CV Loan Servicing,LLC V. Melanie L. Smith MORTGAGE FORECLOSURE Defendant(s) RE: PREMISES: 5510 Silvercreek Drive,Mechanicsburg,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,March 6,2013 at 10:00 A.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$220,366.33 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. October 1,2012 STERN&EISENBERG,PC BY: AVEN K.EISENBERG,ESQUIRE KEVIN P.DISKIN,ESQUIRE ❑ JACQUELINE F.McNALLY,ESQUIRE ❑ JOSEPH K.REJENT,ESQUIRE ❑ LEN M. GARZA,ESQUIRE ❑ CHRISTINA C.VIOLA,ESQUIRE Attorney for Plaintiff ALL' THAT CERTALN tract of land situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania bounded and described as follows,to wit: BEGINNING at a point on the Northern right of way line of Silvercreek Drive, said point being located a distance of 551.86 feet West of the dedicated right-of way line of Jerusalem Road and at the dividing line between Lot No. 5 and Lot No. 6; thence by the Northern right-of-way line of Silvercreek Drive, South 61 degrees 00 minutes 00 seconds East a distance of 100.00 feet to a point at the dividing line between Lot No. 6 and Lot No. 7; thence by said dividing line,North 29 degrees 00 minutes 00 seconds West a distance of 150.00 feet to a point at lands now or formerly of Horner: thence by the same, north 61 degrees 00 minutes 00 seconds East a distance of 100.00, feet to a point at dividing line between Lot No. 5 and Lot No. 6; thence by said dividing line, South 29 degrees 00 minutes 00 seconds East a distance of 150.00 feet to a point, the place of BEGINNING. BEING the same premises which Jo A.Reichard,adult individual, by Deed dated February 28, 2007 and recorded March 6, 2007 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 279 Page 34,granted and conveyed unto Melanie L. Smith,adult individual. PARCEL NO. 10-16-1062-024 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 FAcsimii.E:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY SABR MORTGAGE LOAN 2008-1 RE,O SUBSIDIARY-1 LLC by its Attorney-in-fact, Civil Action: 12-4978-CV Ocwen Loan Servicing, LLC V. Melanie L. Smith MORTGAGE FORECLOSURE Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Melanie L. Smith 119 S Chestnut St Mechanicsburg,PA 17055-6546 Your real estate at 5510 Silvercreek Drive , Mechanicsburg, PA is scheduled to be sold at Sheriffs Sale on Wednesday, March 6, 2013 at 10:00 A.M. , at Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013 (location of sale) to enforce the court judgment of $220,366.33 obtained by SABR MORTGAGE LOAN 2008-1 REO SUBSIDIARY-1 LLC, by its Attorney-in-fact, 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 attomey'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. 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 CERTALN tract of land situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania bounded and described as follows, to wit: BEGINNING at a point on the Northern right of way line of Silvercreek Drive, said point being located a distance of 551.86 feet West of the dedicated right-of way line of Jerusalem Road and at the dividing line between Lot No. 5 and Lot No. 6; thence by the Northern right-of-way line of Silvercreek Drive, South 61 degrees 00 minutes 00 seconds East a distance of 100.00 feet to a point at the dividing line between Lot No. 6 and Lot No. 7; thence by said dividing line,North 29 degrees 00 minutes 00 seconds West a distance of 150.00 feet to a point at lands now or formerly of Horner: thence by the same, north 61 degrees 00 minutes 00 seconds East a distance of 100.00, feet to a point at dividing line between Lot No. 5 and Lot No. 6; thence by said dividing line, South 29 degrees 00 minutes 00 seconds East a distance of 150.00 feet to a point, the place of BEGINNING. BEING the same premises which Jo A.Reichard, adult individual, by Deed dated February 28, 2007 and recorded March 6, 2007 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 279 Page 34, granted and conveyed unto Melanie L. Smith,adult individual. PARCEL NO. 10-16-1062-024 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-4978 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SABR MORTGAGE LOAN 2008-1 Plaintiff(s) From MELANIE L. SMITH (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 gamishee(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: $220,366.33 L.L.: .50 Interest FROM 9/26/12 AT THE PER DIEM OF$32.87 UNTIL JUDGMENT PAID IN FULL Atty's Comm: % Due Prothy: $2.25 Atty Paid: $199.25 Other Costs: Plaintiff Paid: Date: 10/2/12 Davi . Buell, honotary (Seat) By: Deputy REQUESTING PARTY: Name: KEVIN P.DISKIN,ESQUIRE Address: STERN& EISENBERG,PC 261 OLD YORK ROAD,SUITE 410 TRUE COPY FROM RECORD JENKINTOWN,PA 19046 In Testimony whereof, I here unto set my hand and the seat of said Court at Carlisle,Pa. Attorney for: PLAINTIFF This�_day of_IY1t�am��o—noa7',,,1� 20 0 Telephone: 215-572-8111 t i- b/Supreme Court ID No. 86727 �` On October 26, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA, Known and numbered as, 5510 Silvercreek Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 26, 2012 By: U 2 Real Estate Coordinator Z5 a CUMBERLAND LAW JOURNAL Writ No. 2012-4978 Civil SABR Mortgage Loan VS. Melanie L. Smith Atty.: Kevin P. Diskin ALL THAT CERTALN tract of land situate in the Township of Hampden, County of Cumberland and Common- wealth of Pennsylvania bounded and described as follows,to wit: BEGINNING at a point on the Northern right of way line of Silver- creek Drive,said point being located a distance of551.86 feet West of the dedicated right-of way line of Jerusalem Road and at the dividing line between Lot No.5 and Lot No.6; thence by the Northern right-of-way line of Silvercreek Drive, South 61 degrees 00 minutes 00 seconds East a distance of 100.00 feet to a point at the dividing line between Lot No.6 and Lot No.7; thence by said divid- ing line, North 29 degrees 00 min- utes 00 seconds West a distance of 150.00 feet to a point at lands now or formerly of Homer: thence by the same,north 61 degrees 00 minutes 00 seconds East a distance of 100.00, feet to a point at dividing line between Lot No.5 and Lot No.6;thence by said dividing line, South 29 degrees 00 minutes 00 seconds East a distance of 150.00 feet to a point,the place of BEGINNING. BEING the same premises which Jo A. Reichard, adult individual, by Deed dated February 28, 2007 and recorded March 6,2007 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 279 Page 34, granted and conveyed unto Melanie L. Smith, adult indi- vidual. PARCEL NO. 10-16-1062-024. 100 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: January 25, February 1, and February 8, 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. isa Marie Coyne ditor SWORN TO AND SUBSCRIBED before me this 8 da of Februg 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co. 2020 Technology Pkwy the atr1*otwXtws Suite 300 Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 I 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, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to 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 Pennsylvania,with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of 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 date(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 of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. P11 tRt If`aTIC1N ccwy This ad ran on the date(s)shown below: 2012.4M chM 01/22/13 Sabr Martgage vs 01129/13 AM elanie it.Smith `� 02/05113 try: Kevin P DI;kfn ALL THAT CERfALN tract of land situate in the TbwnsWp of . . . . . . . . . Hampden, County of Cumberland and e4o��)Ila Vim Y Sworn to and su scribed before met ' 14 day of February, 2013 A.D. point mg located a distance 0551.86 feet West of the dedicated rightof way rc line;of Jerusalem Road and at the'divlding Ime'between Lot No.S and Lot No.6, thence by the Northem right-of-way line Of Silvelmwk Drive, South 61 degrees 00 minutes 04 seconds East a distance of 100.00 feet to a point at the dividing line COMMONWEALTH OF PENNSYLVANIA between Lot No.6 and Lot No.7;thence Notarial Seal by said dividing line=Nom 29 degrees Holly Lynn Warfel,Notary Public 00 minutes 00 won West-;.*stance Washington Twp.,Dauphin County of 150.00 feet to a point at laida now or My Commission Expires Dec.12,2016 formerly of Homer thence by the same, MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES north 61 degrees 00 minutes 00 seconds East a distance of 10000,feet to a point at dividing line between Lot No rind Lot No.6;thence by said dividing line,South 29 degrees 00 minutes 00 seconds East a distance of 150.00 feet to a point,the place of BEGINNING. BEING the same premises which Jo A. Reichard,adult individual,by Deed dated February A 2007 and recorded March 6,2007 in the Office of the Recorder of Leeds in and for Cumberland County in Deed Book 279 Page 34,granted and conveyed unto Melanie L. Smith, adult individual. PARCEL NO.10-16-1062-024 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which SABR Mortgage Loan 2008-1 REO Subsidiary-1 LLC is the grantee the same having been sold to said grantee on the 6th day of March A.D.,2013,under and by virtue of a writ Execution issued on the 2nd day of October, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 4978, at the suit of SABR Mortgage Loan 2008-1 REO Subsidiary-1 LLC by its Attorney-in-fact Ocwen Loan Servicing LLC against Melanie L. Smith is duly recorded as Instrument Number 201314826. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. tt- corder of Deeds .corder of Deks,Cumberland County,Carlisle,PA �y Commission Expires the Est Monday of Jan.2014