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HomeMy WebLinkAbout12-6101., POWERS, KIRK & JAVARDIAN, LLC Gregory Javardian, Esquire Id No. 55669 Mary F. Kennedy, Esquire Id No. 77149 Meghan K. Boyle, Esquire Id No. 201661 Sean P. Mays, Esquire Id No. 307518 Richard J. Nalbandian, III, Esquire Id No. 312653 1310 Industrial Boulevard, Suite 101 Southampton, PA 18966 (215) 942-2090 ~'Qr`2 OCT - ~ ~~ g: ~~ ~'tli'9~~~AAit? ~~~A11 ~' ~~~~ Y~YA NIA ATTORNEYS FOR PLAINTIFF CITIMORTGAGE, INC. 1000 TECHNOLOGY DRNE O'FALLON, MO 63368 COURT OF COMMON PLEAS CNIL DIVISION PLAINTIFF CUMBERLAND COUNnTY No. . C,e l o ~ Ci U [ ~ vs. ~ a DERICK HAMMOND 9 E. BURR STREET SHIPPENSBURG, PA 17257 DEFENDANT COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your 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 complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 1F YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 800-990-9108 alt aw~~°3~~ ~~gi 37S IF THIS IS THE FIRST NOTICE THAT YOU NAVE RECENED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIl1RE. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. P0INERS, KIRK & JAVARDIAN, LLC Gregory Javardian, Esquire Id No. 55669 Mary F. Kennedy, Esquire Id No. 77149 Meghan K. Boyle, Esquire Id No. 201661 Sean P. Mays, Esquire Id No. 307518 Richard J. Nalbandian, III, Esquire Id No. 312653 1310 Industrial Boulevard, Suite 101 Southampton, PA 18966 (215)942-2090 ATTORNEYS FOR PLAINTIFF ---__ CITIMORTGAGE, INC. 1000 TECHNOLOGY DRNE O'FALLON, MO 63368 PLAINTIFF VS. DERICK HANIMOND 9 E. BURD STREET SHIPPENSBURG, PA 17257 DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. COMPLAINT IN MORTGAGE FORECLOSURE CIVIL ACTION MORTGAGE FORECLOSURE 1. CitiMortgage, Ina (hereinafter referred to as "Plaintiff') is a Corporation with a principal place of business in O'Fallon, Missouri. 2. Derick Hammond (hereinafter referred to as "Defendant") is an adult individual residing at 1414 Leslie Avenue, Alexandria, VA 22301. 3. Plaintiff brings this action to foreclose on the mortgage between Defendant and itself as Mortgagee by Assignment. The Mortgage, dated March 24, 2006, was recorded on April 4, 2006 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 1945, Page 2945. Plaintiff is the Mortgagee by Assignment by virtue of an Assignment of Mortgage recorded on Apri125, 2012 in the Office of Recorder of Deeds in Cumberland County in Instrument #201212057. A copy of the Mortgage and Assignment of Mortgage are attached and made a part hereof as Exhibits `A' and `B'. 4. The Mortgage secures the indebtedness of a Note executed by the Defendant on March 24, 2006 in the original principal amount of $99,000.00 payable to Plaintiff in monthly installments with an interest rate of 6.375%. A copy of the Note is attached and made a part hereof as Exhibit `C'. 5. The land subject to the mortgage is 9 E. Burd Street, Shippensburg, PA 17257. A copy of the Legal Description is attached as part of the Mortgage as Exhibit `A' and incorporated herein. WHEREFORE, Plaintiff requests the court enter an in rem judgment against the Defendant, in the sum of $86,318.05, together with interest, costs, fees and charges collectible under the mortgage, including, but not limited to attorney's fees and costs, and for the foreclosure and sale of the mortgaged property. POWERS, KIRK & JAVARDIAN, LLC BY: ^ Gregory Javardian, Esquire Id. No. 55669 ^ Mary F. Kennedy, Esquire Id. No. 77149 ^ Meghan K. Boyle, Esquire Id. No. 201661 ^ Sean P. Mays, Esquire Id. No. 307518 ^ Richard J. Nalbandian, III, Esquire Id. No. 312653 Attorneys for Plaintiff EXHIBIT "A" l1D•`~~ r , ~~ b I W~`5~ . Prepared By: Cit~rMort~, Inc. loo o~v~ria officentre Sto: 300 Southfield, MI 46034 Return To: Citilvtortgage, Inc. Attn: Document Procesaiag P.O. Baas 790021 5t. Lome, MO 63179-0021 Panel Number: Premises: 9 E $URD STREET SEIIPPENSBURG, PA 17257- RE~t.I ~©EF. Gi~ GEEuS G~;'!t3E#tLAt~D CC;;t''fY-P,1 C~~i~ ~P~ ~ ~~ IQ ~~ 1Sp>toe Above This Line For Reoo~diag Datsj MORTGAGE DEFINTfiONS MIN 10001]520034022667 Words used in multiple sections of this documnent are 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) "Sccnrity Instrument" means this document, which is dated March 24, 2005 , together with all Riders to Otis document. (B) 'Borrower" is DERICIC FIAMMOI~ID Borrower is the mortgagor ender this Secwity Instrument. (C) "HERS" is Mortgage Electronic Registration Systems, inc. MFRS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. HERS is the mortgagee under this Security Instrument. HERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint MI 48501-2026, tel. (888} 679-HERS. PB+INSYWANIA -Single family -Fannie Madfreddle Mac UNIFORM INSTRUMI3+IT WITti M6ZS -6A(RA) (9sael Form 30~ Pape 7 of 18 In I YMP Matyep Solution. Irc. (9001527•)297 [002003402206) 8K 1945PG2945 (D) "Leader" is CitrMortgage, Inc. Lender is a Corporatiaa organized and existing under the laws of New York Lender's address is 1040 Technology Drive, O' Fallon, MO 633b8-2240 (E) "Note" means the promissory note signed by Borrower and dated March 24, 2006 The Note states that Borrower owes Lender Nmety Nma T'honsaad Dollars (tJ.S. S 99,000.00 )plus interest Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than t14J01/2036 . (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Properly. ° (G) "Loan" 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 Instrument, plus interest. (li) "Rides' means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: Q Adjustable Rate Rider ^ Condominium Rider ^ Second Home Rider C] Balloon Rider ^ Plarmed Unit Development Rider ^X 1-4 Family Rider Q VA Rider ^ Biweekly Payment Rider 0 Other(s) [spedfy] Schedulo "A" (I) "Applieablo Law" means all controlling appliable federal, state and local statutes, regulations, rmiinances amt administrative rules and orders lthal have the effect of lawl as well as all aoolica le final. non-appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means aU dues, fees, assessmants and other charges thai are imposed on Borrower or the Property by a condominium association, homeowners assodaUon or similar organization. (K) "Electraaic Ftmds Transfer" means an transfer of funds, other than a transaction originated by check, draft, or similar paper instrument,. which is initiated through an electronic terminal, telephoNc instrument, compute, or magnetic tape so as to order, instruct, or autboriu a financial institution to debit or credit an account. Such term includes. but is not limited to, point-of--sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, arrd automated clearinghouse transfers. "Escrow Iterins" means those items that are described in Section 3. "Miuxllaaeontt Prooads" means any co nsation, settlement, award of damages, or proceeds paid by any third party (other than insurance pmc:eeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of. the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value andJor condition of the Property. (N) "Mortgage Insurance" means insurane protecting Lender against the nonpayment of, or default on, the Loan. {O} "Periodic Payment" means the regularly schedriled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. i~~, NA(PA) rosoe) p+~ 2 a ti6 Form 3039 ~ 1101 (1102093ltIZ266i BK1945PG2946 (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing re n, Regulation X '{24 C.F.R. fart 3500), as they might be amended from tune to time, or nay ad~~~ of successor legislation or regulation that governs the same subject matter. As used in this 5ecurlty Instrument, "RESPA" refers to all requirements and restrictions that are imlwsed in regard to a "federallyy related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" undo RESPA. (Q) "Suooeasor in Interest of B~rowet" means arty party that has taken title to the Propaty, whethu ar not that party has assumed Borrower's obligadons unde- r tfie Note arKl/or this Security lnstntroem. TRANSFER OF RIGIiTS IN THE PROPERTY This Security Instrument secures to bender: (i) the repayment of the Loan, and all renewals, extensions and modifica@ons of the Note; a~ul (ii) the performance of Borrowu's covenants and agreements under this Security Iastnunent and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lendu and Lender's successors and assigns) and to the successors and assigns of MFRS, the following described property located in the County [Type ot'Reca~dtHg,fuc3sda~on] of Cumberland tN~e of Rxasdtng ]usisdtdtoal: 5EE ATTACHED which earrently has the address of 9 E SURD STREET SHIPPENSBURG ("Property Address"): ISoreal (City] ,Pennsylvania 17257- (Zip Code] TOGE'T'HER WIT}i all the improvements now or hereafter erected on the property, and alt easements, appwtenances, and fixtures aow or hereafter a part of the pprrooperty. ATI repla,cemetrts and addigorts shall also be covered by this Security Instrtment. All of the forep~o_uu-rgg_ rs referred to in this Seciuiry Irutrumenl as the "Pmperiy." Borrower understands and agrees that IG~iER3 holds only legal title to the interests red by Borrower in this Secvrit~+ Instrument, but, if nec to comply with law or custom, MERS nominee for Lender and Lender s successors and ass~g~) has a nght: to exercue any or all of those interests, including, but not limited to, the right to foreclose and sell tCie Property; and to take any acdon required of Lender iaciuding, but not limited to, releasing and canceling this Security Instrument. °"`' ^~~, one,. P"p~ 3 of 16 Form 3039 tlOt ' (002003902266] 81{1945~G2947 BORROWER COVENANTS that Borrower is hnvfdly seised of the estate hereby wnveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrantxs of record. Borcower warrants and will defend generally the title to the Property agalrrst all claiars and deanaads, subject to any encumbraares of record. THIS SECURITY INSTRUMENT combiru;s uniform covenants for national use and non-uniform • wvenantc with limited variations by jurisdiction to constitute a uniform security instrument cavervtg real ' property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows; 1. Payment of Prnacipat, Interest. Escrow Items, Prepayment Charges, and Late Chiu~. Borrower shall pay when due the principal of, and interest an, the debt evidenced by the Note and any prepayment charges and late charges due antler the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Secruity Instrument shall be made in U.S. currenry. However, if arty check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due Hader the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order, (c) txrtiSed check, book check, treasurer's check or cashier's check, provided any such check is drawn upaa an institution whose deposits are insured by a federal agenry, instrumemality, of entity; ar {d) Electronic Funds Transfer. Payments ate deemed received by Leader when received at the location designated in 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 partiat payment if the payment or partial payments are insufHdeM to bring the Loan current. Lender may accept any payment or partial payment iasttffident to bong tht Loan curnnt, wiWout waiver of any rights hereunder or prejudice to Its rights to refuse such payment or partial payments In the future, but Lender is not obligated to apply such payments at the time etch payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payauM to bring the Loan current. >f Borrower does not do so within a reasonable period of time, Lender shall either apply such Funds or return them to Borrower. If not applfed earlier, such funds will be applied to the artstanding principal balance under the Nate immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borcower from malting paymerr~s due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security ~ Instrument. 2. Application of Payments or Proaecds. 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; (6) prindpal due under the Note; (c) amounts due under Section 3. Such payments shall he applied to each Periodic Payment in the order is which it became due. Arty remaining amounts shall be applied $rst to late charges, second to any other amounts due 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 suffident amount tp pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received • From Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment rim. -8A(PA) loeoa) Psge 4 d 16 Form 3039 1 /01 (0020034022661 BK ~ 945PG29.48_ can be paid in full. Ta the extent that any excess exists after the payment is applied to the fvfl payment of one or amore Periodic Payments, such excess may be applied to arty late charges due, Voluntary prepayments shall be applied first to any prepayment charges and then as descn'>md in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due wader the Note shall not extend or postpone the due date, or cluuage the amount, of the Periodic Payments. 3. Fonda for Escrow Items. $orrower shall pay to Lender on the day Periodic Payments aze due under the Note, until We Note is paid in full, a sum (the "Fnnds'~ to provide for payment of amounts due for: (a) taxes and assessmenu and other items which caw attain priority over this Security Instrument as a lien or cumbrance oa the Property; (b) leasehold payments or ground rents an the Proppsty, if any; (c) premiums far any wad aU insurance required by Lender under Section 5; and (d) Mortgage lruutana premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance w1W the provisions of Section 10. These items are called "Escrow Items." At origination cr at any time during the term of We Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be as Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid order this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligatio» to pay the Funds for any or all EscJmv Itemv. Lsaber may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at arty time. Any such waiver may only be in writing, In the went of such waiver, Borrower shall pay directly, when and where payable, the amannts due for any Escrow Items for which payment of Funds has been waived by Lender' and, if Lender requires, shall furnish to Leader receipts evidencing such payment wiil-ia suet time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all .purposes be deemed to be a covenant and agreement contained in this Security ]osWmerrt, as the phrase "covenant wad agreement" is used in Section 9. If Borrower is obligated to pay Escrow ltenu directly, pursuant to a waiver, and Borrower fails to pay the amount due far an Escrow Item, Lender may exercise its rights under Secfion 9 and pay such amount and Borrower shall Wen be obligated under Section 9 to repay to Lender any such amonnt. Lender may revoke the waiver as to any or all Escrow Items at any tune by a nice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in sudr amoants, that are then required under this Section 3. Lender may, at any time, collect and hold Fonds is as amount (a) suffident to permit Lends= to apply the Funds at the lime specified ender I2FSPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate Ile amount of Funds dot on We basis of cornet data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Nome Loan Bank. Lender shalt apply the Funds to pay the Escrow lams no Inter than the time specified under l2ESPA. Lender shall not charge Borrower for holding and applying the Funds, annwlly analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest ~. ~ ~. A(~l posoel Pape 5 or t6 Forth 3039 1101 ~0020a34022661 ~K 1945PG294.9. shall be paid on the Funds. Lender shall give to Harrower, without charge, an anrmral accounting of the Funds as regnirred by RFSPA. If there is a surplus of Funds held in escrow, as defined ands IZFSPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under l2ESPA, 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 1tESPA, but is no more than 12 monthly payments. U there is a defidenry of Funds held in escrow, as defined under IiESPA, Lender shall notify Borrower as required by RESPA, aru! Borrower shall pay to tender the amount necessary to make up the deficiency in acordance with RESPA, but in no more than 12 monthly payments, ' Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower arty Funds held by Lender. 4. Charged Liens. Borrower shall pay all taxes, assessments, charges, tines, and impositions attributable to the Property which can attain priority over this Security instrument, leasehold paytents ar ground rents on the Property, if any, and Community Association I}ues, Fees, and Assessments, >f any. To the extent Wat these items are Escrow items, Borrower shall pay them In the manner provided in Sectian 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien is a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to luevenl the enforcemrart of the lien white those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. if Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 1Q days of Ibe date on which that notice is given, Borrower shall satisfy the lien or take one or more of We actions set forth above in this Section 4. Lender may require Borrower to pay cone-lime c]rarge for a real estate tax verification andior reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing ar hereafter erected on the Property insured against lass by fire, hazards inducted within the term "extended coverage,' acrd any other hazards including, but not limited ta, earthquakes and floods, for which Lender requires insurance, This insurance shall be mafrrtained is the amounts (including deductible levels} and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the ternr of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's droice, which right shall not be exerdsed unreasonably. bender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tradting services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or sltnilaz changes occur which reasonably might affect such determination or certification. Borrower shall also be respoasiblt 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. -0A(PA) tosa~ v,pe 6 a ti 6 Form 3038 1101 i002003/022fifi] SK1945PG.295.Q, If Borrower fails to maintain any of the avenges described above, Lerxler may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Basrower, Borrower's equity in the Property, ar the contents of the Property, against any risk, hazard or liability and might provide greater or lesser avenge than was previously in etYed. Sarrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance drat Borrower auld have obtained. Any arrwntrts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by then Security Instrument. These amounts shall bear enteral at the Note rate from dre date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower regnesling payment. All insurance polides required by Lender and renewals of such polides shall be subject to Lender's right to disapprove such polides, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional toss payee. Leader shall have the right to hold the polides and renewal certificates. If Lender requires, Bonrawer shall promptly give to ],.ender all receipts of paid premiums and renewal naBces. If Borrower obtains. any form of insunace coverage, not otherwise required by Lender, far damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Baarower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds. whether or not the underlying insurance was required by Leader, shall be applied to restoration or repair of the Property, if dte restoration or repair is ecoromically feasible and Lender's searrlry is not lessened. During such repair and restonUon period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been c»mpleted to Leader's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is ampleted. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sok obligation of Borrower. If the restoration or repair is not economically feasible or Lender's searrity would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied is the order provided for in Section 2. If Borrower abandons the Property, Lender may fde, negotiate and settle any available insurance claim and related matters. If Borrower does not respond widdn 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotlate and settle the claim. The 30-day period will begin when the notice is given. In dther event, or if Lender acquires the Property under Section 2Z or otherwise, Borrower hereby .assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed dte amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of nnearaed premiums paid by Borrower) under all insurance polides averlag the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds diner to repair or restore the Property or to pay amounts unpaid under the Note or this Senuity Instrument, whether ar not then due. Inl' k: ~A 'Aj to5o~ r,p. ~ or ~s Form 3039 1101 1002003402266] BK1945PG295~ 6. Ocatpsncy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Properly as Borrower's prinrjpal residence for at least one year after the date of occupancy, unless Lender otherwise agrees io writing, which wnsent shall not be unreasonably withheld, or unless extenuating circvmstant:es exLst which are beyond Borrower's control. 7. Preservation, Mailate~anoe aced Protection of the Property. Inspectiotra. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate err commit waste on the. Property. 1Nhether 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 5 that repair or restotation is not ecorromically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnaliar proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. U the insurance or wndemnation proceeds aze not suffi©ent to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of soar repair or restoration. Leader or its agent may make reasonable entries upon and inspections of the Property. if it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Applicatiam. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Harrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's ocarpanry of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under t>ti3 Security Enstrumaat. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b} (here fs a legal proceeding Wa1 might significantly affect Lender's interest in the Property and/or rights under this Security lrestrumeat (such as a proceeding in bankrvptry, probate, for condanaalion or forfeiture, for enforcement of a lien which may attain priority over this Security ]nslrumenl or to enforce laws or regulations}, or (c} Borrower has abandoned We Property, then Lender may do and pay far whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and {c) paying reasonable attorneys' fees to ported its interest in the Property and/or rights antler this Security Iastrurnent, including its secured position in a bankrupiry proceeding. Securing the Property includes, but is not limited to, entering the Property to makt repairs, change locks, replace or board up loots and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, aced have utilities turned on or off. Although Lender may take action under this 5ecdon 9, Lender does not Gave to do so and is not under any duty or obligation to do sa. It is agreed that Lender incurs no liabflity for not taking any or all actions authorized under this Section 9. mm.i ~.gptpye,) ~~ r.~ a a.~e Form 3038 1101 [002003402268[ 8K1945PG2952. Any amounts disburrsed by Lender under this Section 9 shall become additional debt of Borrower setwed by this Security Instrument. These amounts shall bear interest at the Nate refs from the date of disbuusement and shall be payable, with such intemt, upon notice from Lender to Borrower requesting payment. ~ if this Security Instrument is on a leasehold, Borrower shall compply witb all the provisions of the ' lease. If Barrovxr acquires fee title to the Property, the leasehold and the fee title Shall not merge unless Leader agrees to the merger in wilting. i 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of snaking the Loan, Borrower shall pay the premiums required to maintain the Mortgage Iasuurance in effect. If, for any reason, • the Mortgage Insurance coverage required by Leader ceases to be available fmm the mortgage insurer tbat Pre~IY Provided such insurance nail Borrower was required to make separately designated paymetts toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance ptevious3ly in effect, at a cost substantially equrivalent to Wt cost to Borrower of the Mortgage Insurance previously is effect, from an alternate mortgage )usurer selected by Lender. If substantially equrivaleat Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that wPte due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these . payments as anon-refundable loss reserve in lieu of Mortgage Irsurance. Such loss reserve shall be non-refundable, aotwitbstanding the fact that the Loan is ultirmatdy paW in full, and Lender shall not be required to pay Borrower any interu~t or earnings on such loss reserve. Lender ran no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender regrdres) provided ey an insurer selected by Lender again becomes available, is obtained, and Lender regrrires sepantely designated paymerts toward We premiums for Mortgage Insurance. ff Lender requrtred Mortgage Insurance as a condltion of making the Loan and Borrower was required to make separately du~ignated payments toward the premiums for Mortgage Insurance, Borrower shaII pay the premium regrrired to nratiataia Mortgage Insurance in effect, or to provide anon-refundable loss reserve, until Lender's requlremem for Mortgage Insurance ends im accordarrce with any written agru:ernent between Borrower and Leer providing for such termination or until termination fr regained by Appikable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the raft provided in the Note. Mortgage Insurance reimburses Leader (or any entity that purchases the Note) for certain losses it may i~ur-if` Borrower does not repay the Loan as agreed. Borrower is nut a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such inv~raere in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements ~ aze on terms and conditions that aze satlsfactosy to the mortgage insurer and the other party (ar parties) to these agreements. These agreements may require the mortgage insurer to make payme~s using any source of funds that the mortgage insurer may have available {which may include funds obtained from Mortgage Iasurauue prenriuns). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsures, any other entity. or any off hate of any of the foregoing, may receive (duectly or indirectly) amounts that derive from (ar aright be charactunized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharingg or modifying the mortgage insurer's risk, or redudag losses. If such agreement provides that an aiHliate of Lender takes a share of the insurer's risk is exchange for a sbare of the premiums paid to the insurer, the arrangement is often termed "captive reitsurtance." Further: {e) Any suds sgreemmta will not affect the emanate that Borrower huu agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Harrower wr71 owe fps Mortgage Insurance, and they wr71 nut txilitle Borrower to any refund. Miti• ~A(PA) tows) . P•g• s or is Form 3039 71Di (002003112266] BK1945PG2953: (b) Aay such sgre®ante will sot affect the rights $orrowa hss - if say -wish respect to the Martptga Insurance tmdor th4: Homeowners Protection Act of 199a or say other law. These rights rosy mohsde the right to receive txctaia disclosures. to request and obtain caaeelbrtion of the Martpge Insurttace, to have the Mortgage Insurance terminated sutamaticaIly, andlor to receive e rad''ttnd of say Mortgage Insurance premiame that were unearned at the time of ench cancellation or termmatioa. 11. Assignment of Miscellaneous Proceeds; Farfidtnre. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Leader. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration ~ repair is econoaucally feasible and Lender's security is not lessened. D~r~g sacfi repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an oppoAunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbarsement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable'Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be regained to pay Borrower any interest or earnings on such Miscelumeous Proceeds. If the restoration or repair is not economically feasible or Leader's security would be lessened, dre MiscelLrneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with fhe excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in Ilia order provided for [n 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 seivrtsd by this Security Instrument, whether ar not then due, with the excess, id' any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or kus is value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction. or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by Ibis Security tastrvment shall be reduced by the amount of the Miscellaneous Proceeds multipBed by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in valve. 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 Ibe Property immediately before the partial taking, destroction, or loss in valve is less than the amount of the stems second immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower falls to respond, to Lender within 3t) days after the date the notice is given, Leader is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower MisceIlar~eus Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in deficit if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a defauh and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be inwe . A(PA) tosobl r.Q. io or ~e Fwrtt 9038 1/01 [D020034022661 BK i 945PG2954 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest la the Property or rights under this Security Instrument. The proceeds of any award or claim for.damages that are attributable to the impairment of Lender's interest iri the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Procetds that are not applied to restoration or repair of the Property shall be applied in irk order provided for is Section 2. 12. i3orrowcr Not Released.; Forbearance By Loader Not a Waiver. Extension of the time for payment or modifiption of amortization of the sums secured by this Security Instrument granted by Leader to Borrower or arty Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings ~aiatst any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security hisWment by reason of arty demand made by the original Borrower or any Successors in ]Merest of Borrower. Any forbearance by Len~r in exercising any right or remedy including, without limitation, Lender's atceptance 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 preclade tht exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability sire]] be joint acrd several. However, any Borrower who co-signs this Security Instrument but doe not execute the Note (a "co-signer"): (a) is co-signing this Security InstnmreM only to mortgage, grant and convey the co-signer's interest is 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 Leader and arty other Barmwer can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's eansent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obli¢ations under this Security Inshument in wriWrg, and is approved by Lender, shall obtain all of Borrower s fights and benefits under this Security Instrument. Boaower shall not be released from Borrower's obligations and Uabllity under this Security Instrument unless Lender a ees to such release in writing. 17ee coveaarrts and agreements of this Security Instrument shall bind except as provided in Section 2t}) and benefit the successors and assigns of Lender. 14. Lawn Charges. Caroler may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Leader'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 $orrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees That are exprr:ssly prohibited by this Security Instrument or by Appliable Law. tf the Loaa is subject to a law which sets maximum loan charges, and that taw is finally interpreted sa that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted Hrnft and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. !f a refund reduces principal, the reduction will be treated as a partial prepaynr~rt without any prepayment charge (whether or not a prepayment charge is provided for under We Notej. Borrower's acceptance of arty such refimd made by direct payment to Borrower wit] constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in rnnnettion with this Securi Instrument must be in writing. Any notice to Borrower in connection with this Security Ins went shall ~e deemed to ~~n~ -aA(PA) tosoe) Pape 71 0116 Forth 3038 1 /01 ]D02003~02266] 8K 1945~'G29S5 bout been given to Borrower when mailed by first class mail or when actuaiy delivered to Borrower's notice address if sent by other meant. Notice to nay one Borrower shall comtitute notice to all Borrowers uaiess Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Leader of Borrower's rlrange of address. If Lender specifies a procedure for repotting Borrower's tiiartge of address, then Borrower shall only report a change of address through that specified procedurE. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it ar by mailing it by first class mail to Lender's address stated herefn unless Lender has designated another address by notice to Borrower. Any tiotice in wmtection with this Securityy Instrumem shall not be deemed to have been given to Lender untll actually received by Lender. If any notice required by this Security instrument it also required under Appliable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security ]restrummt. lb. Governing Law; Severabilrty-, Rules of Ca~nstructioa. This Security Instrument shall be governed by federal law and the law of We jurisdiction in which the Property is located. All rights and obliatatioas contained in this Security Instrument are snbJect to airy requiremarts and Ifmitattoas of App le Law. Applicable Law might explidtly or impiiciUy aliow the patties to agree by contract or it might be silent, bnt such silence shall not be construed as a prohibition against agreement by contract. [n the event that any provision or clause of this Security Instrnmeni or the Note conflicts with Applicable L,w, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Secarity Itrsvument: (a) words of the masculine gender shall mean and iadude corresponding neuter words ar words of the feminine gender; (b) words in the singular shall mean and include the p and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrororer' ~ Copy. Borrowershall be given one copy of fire Note oral of this Security lasUument. is. Treaatxr of the Property or a Beneficial Interest m Harrower. As used in this Section 18, "buerest in the Property" means any legal or beneficial interest in the Property, inducting, but rent limited to, those beneficial interests transfernd in a bond for deed, contract for deed, installment sales rx+ntract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of Ure Property ar arty Interest in the Property is sold or transferred (or if Borrower is not a natural person and a benefidal interest in Borrower is sold or transferred) without Leader's prior written ~rrsent, Lender may require irnraediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Leader exercises this option. Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given is acrnrdance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by thfs Security InstrumeN without further notice or demand on Borrower. 19. Borrower' a Rigbt to Reinstate Altar Acceleration. If Borrower meets certain conditions, Borrower shall have the right to crave enforcement of this Security Instrument discontinued at any time prior to the earliest of (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or {c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Nole as if no acceleration had occarred; (b) cures any default of any other covenants or ~~: A(PA) lcsosl MOe 12 oT t8 FQRT1 3030 1101 i407AQ3A~22661 B1{ f 945PG2956 agreements; (c} pays all expenses incurred in enforcing this Security Irrstrvment, including, but not limited to, reasonable attorneys' fees, property inspection and vahration fees, and other fees iacnned for the purpose of protecting Lender's interest in the Property arrd rights under this Security Instrument; and (d) takes suds action as Lender may reasonably require to assure that Lender's Interest M the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrtrmeat, shall cominue unduntged. Lender may require that Borrower pay such tei~tement surrts and expenses tut one or mme of the following forms, as selected by Lender: (a) cash; (b) money order, (c} certified dredt, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Eledroaic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby sha17 remain fully effective as if ao acceleration had occurred. However, this right to reinstate shall not apply is the case of acceleration ands Section 18. 20. Sale of Note Change of Loea Servicer; Notice of tirievaaoe. The Note or a partial interest is the Note (together wWr this Security Itutrnaunt} can be sold one or more times without prior notice to Borrower. A sale might result is a change in the entity (known as the "Loan Secular"} that collects Per[odlc Payments due under the Note and this Setarrity iashutntnt and performs other mortgage loan servicing obli~tioas under the Nose, thLs Seciuity Instrument, and AppUcable Law. There a}so might ~ be one or man changes of the Loan Secular unrebrted to a sale of the Note. If there is a change of the Loan Servleer, Borra~wer w1Il be given written notiice of the change wtrich will state the name and address of the new Loan Secular, the address to which payments should be scads and any other information RESPA requires in wmectioa with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan serridag obligations to Borrower will retoain with the Loan Servicer or be transferred to a successor Loan Serviar and aze not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, nr be joined to any judicial action (as either an individual lltigaat or the member of a lass) that arises from the other party's actions pursuant to this Security Irtrtrtrrneat or that alleges that the other party has breadred any provision of, or nay duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party {with such notice given in compliance with the requirements of Section 15} of such alleged breach and afforded the other party hento a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a dam period which must elapse before ceelaia action can be taken, that time period wiII be deemed to be reasonable for purposes of this paragraph. The notiu of acceleration and opportunity to nue given to Borrower pursuant to Section 2Z sad the notice of acceleration given to Borrower pursuant to Section 18 shalt be deemed to sadsfy the notice and opportunity to take corrective action provisions of this Section 20. 21. I3aaardons Substances. As used in this Section 21: (a} "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, ar wastes by Environmental Law sad We following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbiades, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; {c} "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute. to, or otherwise trigger an Environmental Cleanup. Inhf" A(PA) (osoe) Paps 13 "f 16 Form 3038 1/01' 1pd2003402266] BK1945PG2957 Borrower shall not cause or permit the presence, use, disposal, story_ge ar release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Pro~p~y Harrower :ball not do, nor allow anyone else to do, anything off~ti~ the Property (a) that is in vio~ latCon of any Environmental Law, (b) which create.: an Enviromneatal Candifims, or (c) which, due to the presence, use, or release of a Hazardwts Substaaa, a'eates a condition that adversely affects the value of the Property The precedingg two sentences shall not apply to the ace, use, or storage on the Pryp~y of -small gs~ntities of Hazardous Substances that are ggeeneral y~recd~ed to be appropriate to noiunal residential rues and to rnainlenant:e of the Property (iocluding, but not-lirNted to> hazardous substances in consumer proiiucts). Borrower shall promptly give Lender written notice of (a} any investigation, claim, demand, lawsuit or other action by any governmental err regulatory agency or p~vate party Involving the Frap~y and any Hazardous Snbsaacet or F,.nvironmerstal Law of which Harrower bas actual knowledge, (b) any Errvironmertlal Condhion, including but tint limited to, an spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition canned by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified b any ggoovernmtagl err re authority, or any private party, that any removal or other nemediation ~~~Iiszardonts Substatscega~ the Property is necessary- , Harrower shall presmpdy take al! necessary actions iri accordance vvi Environmental Law. Nothing herein shaD create any obligation on Lender for an Enviratmental Ckaaupp. NON-UNIFORM COVFNAN'I'S. Borrower and Leader further covenant and agree as follows:' 22. Accoleratioa; Remedies. Leader :ball give notice to Borrower riar to scoeleration following Darrowar't breach of nay txivenaat or agsoesaent is this Seearity Instrument (but not prior to aocakration under Section ltt unlds Applicable Law provides otherwise). Linder shall notify Harrower o~ emorsS other things: (e) the deSanlt~ (b).the aetiam ragIIired to cure the definlt; (c) whin the deS<ult must be cared; and ()that fsi'lure to cure the defsnlt s< sPepSOd may result in acalaatioia of the sums aerated by this Soenrity Instrmment, faraoktsure by ~adicial prooeodieig sad sate of the Property. Lendor shall further inform Borraarer of the right to reinstate sitar seceleration and the r t to aaert is the foreclosure proceeding the nm-adstnaoo of a default a nay other defense ofowsr to scoderatioa sad Earoclosure. If the default is nart cured ss :petit ed. Linder st its option rosy require immediate ppayment in Sill of all sums socnrod by tba: Security Instrument wkhont Sather dsmaad and may fareebee this Sacurfty Instrument by judicial ocoodiag. Lards shaIl be entitlod to tolled at] expenses imcnrrad in pursuing the reriredies provided is this Section ?.2. including; bat not limited to, attorneys' fees sad costa of titb evideaa to the extent permitted by Applicable Law. 23. Releaser. Upon paymeirt of all sums secured by this SeciMty Instrument, this Security Iri~nimeN and the estate conveyed :teas termirute and became void. After suds occurrence, Lender steal! discharge and satisfy This Security Instrument. Borrower shall pay airy recordation costs. Lender may charge Borrower a fee for releasing this Security Insirrunent, but only if the fee is paid to a third party for services rendered and the charging of the fee B permitted under Applicable Law. 24. Waivers. Borrower. to the extent ppermitted by Applicable Law, waives and releases any error or defects in proceedings to eaforet this Seciuity Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemptron from attachment, levy and sale, and homestead exemption. 23. Roinstatemmt 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' Instrument. 26. Pnrcbue Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Iastrvmerst shaII be a purchase money mortgage. 27. Interest Rate Ai3er Judgment. Borrower agrees that the interest rate payable after a 'udgment is entered an the Note or in an action of mortgage foreclosure shall be the rate payable from t~e to time under the Note. ~~~ IA(p'A ro~) rem ~~ or ~a Form 303D 1101 ioo2oosiozzssl BKl945PG2958 BY SIGNWG BE~.OW, Borrower accepts and agrees to the terms and covenants rnntained in thfs Security Instrument and in any Rider executed by Borrower and recorded with it. ! Witnesses: (Sea)) - rrowv DERICS HAMMO (5igo. t)rigioat Qnty) -0A(PA) lows) Page 15 w 16 Form 303D 1107 (002003402266( 6K ! 945PG2959 COMMONWEALTH OF PENNSYLVANIA, On this, the ~T ~ day of • undersigned aRlcer, personally appeared County ss: ,before me, the T,e~'K ~~,~d/f C known to me (or satisfactorily proven) to be the person(s~ whose name{s) is/are substzibed to the withia instrument and acknowledged that he/shelthey executed the same for the purposes herein ooatained. IN WITNESS WHEREOF, 1 hereunto set my hand and offidal seal. My Co~n~+~rion Expires: AlotariAl Sal iaebooae L Hohiy, twokny Pti~Bc t>tda. Llarttredettct nCUnty _My n Fla Apr 29,2008 member, Psntrsylvanle AsaociaUon dl Noma Title of Oftlar Cartifieate f Resid('en~ce I, e~~ the ~ ~ ~ , do-trereby certify that the corn t rrss of within-named Mortga is P.O. Box ZDZfi, Flint, MT 4850]-2026. Witness my hand this a '7 ~ day of /` / ~-K~ r p~ ~~~. Agent of tdGr#gagee A ~180l 16 i~ Form 3036 1/Dt [0DZ003~0226fi] SK~945PG2960 Schedule "A" ALL the following described real estate lying and being situate in the Borough of Shippensburg, Cumberland County, more particularly described as follows: ON the South by the East Burd Street; on the East by an alley; on the North by property now or formerly of J. A. Sailhamer, and on the West by property now or formerly of William Greene, having a frontage on Burd Street of 100 feet, beginning at the alley line on the Bast and in depth the line of said ]. A. Sailhamer, 33 feet, be the same i more or less, having thereon erected a frame house and other buildings. BK { 945PG296 f 1-4 FAMILY RIDER (Assignment of Reats) THIS 1-4 FAMILY RIDER is made this Twenty- day of March, 2006 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Secuxity Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Nate to CitrMortgage, Iac. {the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 9 B BURR STREET, SHIPPENSSURG, PA 1725'1 [Property Address] 1-4 FAMILY C01/B~ANTS. In addition to the covenants and agreements made in the Security lnstrument, $orrower and Lender further covenant and agree as follows: A. ADDITIQNAL PITY SUBJ~T TO THE SEixJR1TY INSTFiUMi3~IT. In addition to the Property described in the Security Instrument, the following items now or hereafter attached to the Property to the extent they are fixtures are added to the Property description, and shall also constitute the Property covered by the Security Instrument: building materials, appliances oral goods of every nature whatsoever now or hereafter located in. on, or used, ar intended to be used in connection with the Property, including, but not limited to, those for the purposes of suppying or distributing heating, coaling, electricity, gas, water, air and light, Fire prevention and extinguishing apparatus, security and access control apparatus, plumbing, bath tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and curtain rods, attached mirrors, cabinets, paneling and attached floor coverings, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by the Security Instrument. All of the foregoing together with the Property described in the Security Instrument (or the leasehold estate if the Security Instrument is on a leasehold) are referred to in this 1-4 Family Rider and the Security Instrument as the "Property." B. USE OF PffZOPBZTY; COMPLIANCE WITH LAW. Borrower shall not seek, agree to or make a Change in the use of the Property or its zoning classification, unless Lender has agreed in writing to the change. Borrower shall comply with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property. C. SUBOfiDMIATE LIBdS. Except as permitted by federal law, Borrower shall not allow any lien ~feslor to the security Instrument to be perfected against the Property without Lender's prior written permission. D. RBdT LOSS INSURANCE Borrower shall maintain insurance against rent loss in addition to Lhe other hazards for which insurance is required by Section 5. ~~ MULTISTATE 1- 4 FAMILY RiD~t- Fannie MaelFteddia Mac UNIFORM INSTRUMI3JT Forth 6170 1101 ~-67R (0411) Page 1 of 3 Initia ~~ VMP Mortgage Solutions, (aoo)sz1-7z91 LitiMartg~ge 03/01/2U06 VZ 8~ti945i'G2962 E "SORRDWBrS RIGHT TO RBNSTATE' D6.ET®. Section 19 is deleted. F. BORROW@tS OCCUAANCY. Unless Lender and Borrower otherwise agree in writing, Section 6 concerning Borrower's occupancy of the Property is deleted. ~. ASSIt3NMBdT OF LEASES. Upon Lender's request after default, Borrower shat! assign to Lander all leases of the Property and all securi~ deposits made in connection with leases of the Property. Upon the assignment, Lender s all have the right to modifx, extend or termnate cthhse existing leases and to execute new leases, in Lender s sole discretion. As used in this paragraph G, the word "lease" shall mean "sublease" if the Security [nstrument is on a leasehold. H. ASSlGPIMi3~CT OF RI~Ci'S; APP~OINTM9QT OF R~HVt3~ LB~Ii]9t IN POSSESSION. Borrower absolutely and uncondttlonally assigns and transfers to Lender all the rents and revenues ("Rents") of the Property, regardless of to whom the Rents of the Property are payable. Borrower authorizes Lender or Lender's agents to collect the Rents, and a ees that each tenant of the Property shall pay the Rents to Lender or Lender's agents. ~owever, Borrower shall receive the Rents until: (i) Lender has rven Borrower notice of default pursuant to Section 22 of the Security Instrument, and ~) Lender has given notice to the tenant{s) that the Rents are to be paid to Lender or Lender s agent. This assl~rlment of Rents constitutes an absolute assignment and not an assignment for additional security only. ff Lender gives notice of default to Borrower: (i} all Rents received by Borrower shall be held by Borrower as trustee for the benefit of Lender only, to be applied to the sums secured by the Security Instrument; (ii) Lender shall be entitled to collect and receive all of the Rents of the Property; (iii} Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to tender or Lender's agents upon Lender's written demand to the tenant; (iv} unless applicable law provides otherwise, alt Rents collected by Lender or Lender's agents shall be applied first to the costs of taking control of and managing the Property and collecting the Rents, including, but_not limited to, attamey's fees, receiver's fees, premiums on receiver's bonds, repair and maintenance casts, insurance premiums, taxes, assessr~nts and other ttharges on the Property, and then to the sums secured b~ the Security Instrument; {v) Lender, Lender s agents or arry~udicially appointed receiver sha I be liable to account for only .those Rents actually receive ;and (vi) Lender shall be entitled to have a receiver appointed to take possession oP and manage the Property and cdlect the Rents and profits denved from the Property without any showing as to the inadequacy of the Property as security. If the Rents of the Pr erty are not sufficient to cover the costs of talong control of and managing the Property and of collecting the Rents any funds expended by Lender for such urpases shall become indebtedness of Borrower to Lender secured by the Security Pnstrument pursuant to Section 9. Borrower represents and warrants that Borrower has not executed arty prior assignment of the Rents and has not performed, and wiM not perform, any act that would prevent Lender from exercising its rights under this paragra Lender, or Lender's agents or a judicial y appointed receiver, shall not be required to enter upon, take control of or maintain the Property before or after giving notice of default to Borrower. However, Lender, or lender's agents or a judicially appointed receiver, may do so at anyy time when a default occurs. Any applicatwn of Rents shah not cure or waive any default or invalidate any other rght or remedy of Lender. This assignment of Rents of the Property shall terminate when all the sums secured by the Security Instrument are paid in full. I. CROSS-0I~AULT PROVISION. Borrower's default or breach under any note or agreement in which Lender has an interest shall be a breach under the Security Instrument and Lender may invoke any of the remedies permitted by the Security Instrument. Initial ~-67R (0411} Page 2 of 3 Form 3170 1/01 C1tlMortgpge 03/Dr/20D6 V2 ~(1945PG2963 ~. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this 1-4 Family Rider. (Seal) rsnwer DEItICK HAA~II~itOND ~~ ~-67R (0411) Page 3 of 3 Form 3170 1 /01 CitiMortgage D3J01l2006 V2 I Certify this to be recorded In Ctlr~berli?i,ra County pA 0 r G - -... l/ ~~ . '`-- Recorder of Deeds ;$K1945PG2964 EXHIBIT "B" 1ao~~ Return To: CT Lien Solutions 330 North Brand Suite 70D Glendale, CA 91203 Phone #: 800-331-3282 ~u Prepared By: CITIMORTGAGE, INC ASHLEY WHITEHALL 1000 Techn~ogy Drive, MS 321 O'Fallon, MO 63368-2240 IM~III~MflN~hlll ASSIGNMENT OF MORTGAGE MERS SIS # 888-679-6377 MIN: 100011520034022667 KNOW ALL MEN BY THESE PRESENTS that Gurrent Beneficiary: Mortgage Electronic Registration Systems, Inc. as nominee for CitiMortgage, Inc., whose address is 1901 E Voorhees St. Danville, IL 61834, , P.O. Box 2026, Flint, MI, 48501-2026, its successors and assigns, hereinafter n r the holder of the Mortgage hereinafter mentioned, for and in consideration of the sum of ONE DOLLAR ($1.00) lawful money unto it in hand paid by CitiMortgage, Inc., 1000 Technobgy Drive, O'Fallon, MO, 63368, 'nee at the time of execution hereof, sell, assign, transfer and set over unto the said Assignee, the receipt whereof is hereby acknowledged, does hereby grant, bargain, its successors and assigns, ALL THAT CERTAIN Indenture of Mortgage given and executed by Derick Hammond to Original BeneSaary: Mortgage Electronic Registration Systems, Inc. as nominee for CitjMortgage, Inc., bearing the date 03l24/20~, in the amount of $99,000.00, said Mortgage being recorded on Originalty Recorded On: 04/04/2006 in the County of Cumberland County, Commonwealth of Pennsylvania, in Book: 1945 Page: 2945 . Being Known as Premises: 9 E Burd Street, Shippensburg, PA, 17257 Township: Shippensburg Legal Description: See Exhibit A Together with all Rights, Remedies and incidents thereunto belonging. And all its Right, Title, Interest, Property, Claim and Demand, in and to the same: TO HAVE, HOLD, RECEIVE AND TAKE, all and singular the hereditaments and premises hereby granted and assigned, or mentioned and intended stl to be, with the appurtenances unto Assignee, its successors and assigns, to and for its only proper use, benefit and behoof forever, subject, nevertheless, to the equity of redemption of said Mortgagor in the said Indenture of Mortgage named, and hislher/their heirs and assigns therein. IN WITNESS WHEREOF, the said Assignor has caused its Corporate Seal to be herein affixed and Page # 1 32883593 24449 PA, Cumberland County Internal these presents to be duly executed by its proper ofi:lcers This 04/19/2012 Mortgage Electronic Registration Systems, Inc. as nominee for CitiMortgage, Inc. Y~ Matthew E. Schulte Vice President ~. Sealed and efivered in the Presence of us; t Attest: Robert Kramer STATE OF MISSOURI, ST. CHARLES COUNTY On April 19, 2012 before me, the undersigned, a notary public in and for said state, personally appeared Matttww E. Schulte, Vice President of Mortgage Electronic Registration Systems, inc. as nominee for CitiMortgage, inc. personalty known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. (1 .~d~ QD o The precise address within named Assignee is: 1000 Technology Drive, O'Fallon, MO, 63368 t3: ~ ~~'` Y Notary Public Amy P. Hinkle Commission Expires: 11/28!2014 ~~tor3 ~ ~~ Page # 2 32883593 24449 PA, Cumberland County Internal Exhibit A ALl. the fotbwitUt described rca! estate Iving and hcina snare .n the N„erv~sh ~ Shil+pembt~Ctamberlend County, more particuhuly described as follows: QN the South by the East Butd 5trxh on the East by an alley, on the North by property now or fotatedy of J.A. SaiUmtner, aad a tho West by property now or formerly of Williat- Gra~c, having a ftotttt~e on Brtd 5trset of IOQ feet, beEinnitt; at the alley line on the East .end in depth the line of said J. A. Sailhpmer, 33 feat, be the st~c m~e or less, having thereon erected a frame house aad other buildmgs. ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE . .~.:.- CARLISLE, PA 17013 ~ Instrument Number - 201212057 Recorded On 4/258012 At 11:20:31 AM * Instrument Type -ASSIGNMENT OF MORTGAGE Invoice Number -10830 User ID - MSW * Mortgagor - HAMMOND, DERICK * Mortgagee - CITIMORTGAGE INC * Customer - CT LEIN SOLUTIONS * FEES STATE WRIT TAR $O. SO STATE JC3/ACCE33 TO $23.50 JUSTICE RECORDING FEES - $11.50 RECORDER of aEEDs PARCEI, CERTIFICATION $10.00 L+'EEs COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $50.50 * Total Pages - 4 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER O~ * -Information denoted by as asterisk Holy chaa~ daring the verification process and msy not be reflected oa this pale. NNMINNIINIII EXHIBIT "C" NOTE March 24, 2006 Shippeasbttrg Pennsylvania (Date] [City] -State] 9 E $URD STREBT, SHIPPBNSBURGI, PA 17257 (Property Address] I. BORROWER' S PROMISE TO PAY In return ftn' a loan that I have received, I promise to pay U.S. S ~,~0•~ (this amount is called "Principal"j, plus interest, to the order of the Lender. The Lender is CrtMastgaga, Inc. I will make al! payments ender tins Note in the form of cash, check or money order. I understand that the Lender may transfer this Nnte. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest al a yearly rate of 6.375 %. The interest rate required by thLs Sectien 2 is the rate I will pay bath before and after arty default described In Section 6(B) of thls Nate. 3. PAYMENTS (A) Time and Place of Payments I will pay prirtctpal and interest by malting a payment every month. I will make my monthly payment on thr, First day of each monW begieming on May 1, 2006 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each etwnthly payment will be applied as of its scheduled due date and wW be applied to interest before Ptintaipal. If, on Aprzti 1, 203b , I still owe amounts under this Nate. I will pay those amounts in full on that date, which is called the "Iulaturity L1ate." I will make my monthly payments at 1000 Teahnalt7gy Drive, O' Fallon, MO 63368-2240 or at a different place if retlutred by the Notr. Holder. (B) Amount of Monthly Payments My monthly payment wlll be in the amount of U.S, S 617.63 4. BORROWER'S RIGHT TO PREPAY I have the eight to make payments of Principal at an time before the)r are due. A payment of Princtpal only is known as a "Prepayment." When I make a Prepayment, I will (ell the Note Holder m writing that I am doing so. I may not designate a paymee-t as a Prepayment if I have not made all the monthly is due un~r the Note. I may make a full Prepayment or partial Prepaymentspaying a Prep~yymmeM charge. Tlie Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder enay apply my Frepa nt to the accrued and unpaid Interest on the Prepayment amount, before a~plyiag my Prepayment to e1;~uce the Primamount Df the Note. if I make a partial Prepayment, there will be no changes to the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. t~~a MULTt3TATE F1X®RATE NOTE-Single Family-Fannie MaelFteddie Mac UNIFORM INS'Tiit1MBJT ~v N (O20~1 Form 320D i!D 1 VMP MORTGAGE (DBMS - (8001521-729 Page ~ of 3 IMda CtUMortgage o3Ali/2006 V2 ~ ~ 5. LOAN CHARGES ' If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) anY such late charge shall be reduced by the amour necessary to reduce the charge to the permitted limit; and (b} any sums already callecxed from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Prindpal I owe under this Note or by caking a direct payment to me. If a refund redaces Prindpal, the reduction will be treated as a b. BORROWER' S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments if the Note Holder bas not recdved the full amount of arty monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Nate Holder. The amount of the charge will be 5.000 % of my overdue payment of principal and interest I will pay this late charge promptly but only once on each late payment. (B) Dcfanlt If ] do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notico of Default If I am in default, the Note Holder may seed me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Frincipal which has not been paid and all the interest that 1 owe on that amount That date must be at ]east 3D days after the date on which the notice is marled to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does twt require me to pay itntmdiately in full as described above, the Note Holder w111 still have the right to do so if I am in default at a later time. (E) Payment of Note Holdor's Cots sari Expenses If the Note Holder has required me to pay immediately is full as described above, the Note Holder will have the; right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable la•,v. Those expenses include, for example, reasonable attorneys' fem. ?. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by fast class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a differed address if 1 am given a notice of that different address. B. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Aay person who is a guarantor, surety ar endorser of this Note is also obligated to do these things. Any person who takes over these obligations, inchtdiag the obligations of a gttarantcz, surety or endorser of this Note, is also obligated to keep all of the pmmtses made in this Note. The Note Holder may enforce its rights under this Nate again each person individually ar against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I sad any ocher person who bas obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. Form' 1 Oi (~t~ (0207) - Pays 2 of 3 ~ ' CiUMorlgage 03/tU/20 ~ ~ 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections gn~err to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security lnstrurnent"), dated tine same date as this Note, protects the Nate Holder from possible losses which might result if I do not keep the promises which I hake in this Note. That Security Instrument describes how and undt:r what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or airy part of the Property or any rarest a rope so or not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by 16is Security InsCrtunent. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. 'The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security instrument without further aotice or demand on Borrower. WITNESS THE HAND(S) AND SEALS} OF THE UI'dDERSIGNED (~~ er (Sign Original On1YI Pay to the order of without recaourse on us CiaMottgast, rec. J ne L. Sims, Vice President itiMortgage, Ittc, ~N tozo>) Prpe 3 a 3 Form :200 S/01 CttiMatgage 03/{4/21106 V2 EXHIBIT "D" r J 70113500000026808476 /1 .. a e ~ ~ ~' i CltlMortq g 3/5!2012 www.dtlmortgage.com DERICK HAMMOND ~ 9 E BURR STREET SHIPPENSBURG PA 17257 ~ ~ RE: Property: 9 E BURD STREET SHIPPENSBURG, PA 17257 i ~ Mortgagee: Federal National Mortgage Association NOTICE OF INTENTION TO FORECLl3SE MORTGAGE Under Section 403 of PA Act No. 6 of 1974. (READ ALL PAGES OF THIS NOTICE CAREFULLY Dear CitiMorigage Customer(s): If you have filed bankruptcy, CitiMortgage is providing this notice to you for compliance and informational purposes as lender or servicing agent for the lender and is not attempting to collect a debt from you (deficiency or otherwise) or in any way violate the provisions of the United States Bankruptcy Code. The MORTGAGE held by Federal National Mortgage Association (hereinafter we, us or ours) on your ~ property located at the above noted property address, iS IN SERIOUS DEFAULT, because you have not made the monthly payments as noted below under (a). Late and other charges have also accrued to this date in the amount noted below under (b and c). Unapplied Funds received (if applicable) reflect under (d). The , total amount now required to cure this default, as of the date of this lettet, is noted below under (e). i (a) 12/01/1 I thru 12!01!11 1 (a3 $836.35/month 1 Q S30.88/late chargelmonth S8b7.23 i 01!01112 thru 03101/!2 3 @ 5912.24lmonth i 2 (cry S30.B8/late charge/month $2798.48 ! (b) Previous late charge(s) 50.00 (c) Delinquency Expense(s) 527.00 ~ (d) Unapplicd Ponds (50.00) ~, (e) TOTAL AMOUNT (a}+(b}+(c)t(d) REQUIRED AS OF THIS DATE: $3692.71 ' 02010 CitiMortgage. Inc. CitdAartgage, hx. does business as Gticap Matgagt ~ kM. gtilletgeqe, Inc is an equal tawskp lender. till, Att Desfgn, and Cdi and Arc Design ae registered servke marks oi' Gtigroup !nc'talls are randomly monilaed and receded fa quality assurarrce. tltiMorfgage is a deM catieda and any krtamation obtained will be used for Ihat purpose CitiMortgage Page 2 3/5!2012 Cttl vrww.citlmor tgage.com ' You may cure this default by 04/09/12 (or the next business day thereafter if 04/09/12 is a Saturday, late charges that fall due during this period must also be paid to bring your loan curreat. Please submit ' payment to the fallowing address: CitiMortgage, Inc. Loan Payments P.O. Box 68914b Des Moines IA 50368-9196 If you do not cure the default by 04/09/]2, we intend to exercise our right to accelerate the mortgage payments. This weans that whatever is owed on the original mortgage amount borrowed will be considered due imt~diately, and you may lose the chance to pay off the original mortgage in monthly installments. if full payment of the amount of the default is not made by04/09/12, 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 550.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. if you cure the default by 04/09/] 2, you will not be required to pay attorney's fees. Also, we may sue you personally for the unpaid principal balance, and all other sums due under the mortgage. if you have not cared the default by 04/09!! 2, and foreclosure proceedings have begun, you will • 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 monthly payments plus any late charges, charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure salt (and perform any other requiremtnts under the mortgage). It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately THREE (3) MONTHS FROM THE DATE OF THIS LETTER. A notice of the date of the Sheriffs sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any limo exactly what tht required payment will be by calling us at the following number: l (800)723-7906*. You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have the right to reinstate after acceleration and the right to bring a court action or assert in any foreclosure proceeding, the non-existence of a default or any other defense you have to acceleration and the sale of the property 020101°dalortgage, he CiliMortgage,Inc does business as Citkarp Mortgage h Bkl C1tiMortgage, hie, fs an equal housing lender, Cttl Arc Design, and Cdi and Arc Design xe registered service marks of Citigrao krc 'Calls are randomly monitored and recorded for qualdy assurance. CfiiMartgage rs a debt mrtectar and any hfamation obtained will be used for that purpose. CitiMortgage Page 3 3/5/2 cite www.titimortgagecom You have a rhona ng is to e p pro ec your m eres rn SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR BORROW ' MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THI5 DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUB3ECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVWED THAT ALL OUTSTANDING PAYMENTS, CHARGES, ATTORNEY'S FEES, AND COSTS ARE PAID PRIOR TO, OR AT THE SALE (AND THAT OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY A THIRD PARTY ACTING ON YOUR BEHALF. Under IRS regulation, we must report any foreclosure to the IRS on form 1099-A. The foreclosure may result in income tax consequences to you. Consult the IRS or your tax advisor for furtlicr information. If your delinquency is a result of a loss of employment income or a reduction in employment income you maybe eligible for homeownership counseling from one of the Department of Housing and Urban Development ("HUD") approved homeownership counseling agencies. Please call us at 1(800)723-7906' for information regarding the HUD-approved counseling agency nearest you and/or to discuss the circumstances of the default with one of our Loan Counselors. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you arc not entitled to this right to cure your default mon than three (3) times in any calendar year. Sincerely, Collection Department CitiMottgage, Inc. *CALLS ARE RANDOMLY MONITORED AND RECORDED TO ENSURE QUALITY SERVICE. This is an attempt to collect a debt, and any information obtained will be used for that purpose. In the event you are subject to an Automatic Stay issued by a United States Bankruptcy Court or the referenced debt has been discharged in Bankruptcy, this communication is not intended to be an attempt to collect a debt. If as attorney represents you, please refer this letter to such attorney and provide as with such attorney's name, address and telephone number. ~ Cxitialpagr, tut GiiMartgage, Inc does business as Gticorp iMarf4a9e n NM. GtiiMOftgagl,Inc. k an equal housmq t~lder, Gti. Arc fksign, and Citi and Arc I1es>Qn are registered service marks of Citigtoup Irw.'Catls are rarrdomty monitored and recorded for quality assurance. CitiMortgage is a debt cotletta and any irdormation obtained will be used for that purpose. CitiMixtgage 3/5/2412 7011350000002b808469 DERICK HAMMOND 14 i4 LESLIE AVE ALEXANDRIA VA 22301-1619 RE: Property: 9 E BURD STREET SHIPPENSBURG, PA 17257 Mortgagee: Federal National Mortgage Association NOTICE OF INTENTION TO FORECLOSE MORTGAGE Uader Section 403 of PA Aet No. 6 of 19?4. (READ ALL PAGES OF THIS NOTICE CAREFULLI~ Dear CitiMortgage Customer(s): cite www.cit imortgage.com If you have filed bankruptcy, CitiMortgage is providing this notice to you for compliance and infotinational purposes as lender or servicing agent for the lender and is not attempting to collect a debt from you (deficiency or otherwise) or in any way violate the provisions of the United States Bankruptcy Code. The MORTGAGE held by Federal National Mortgage Association (hereinafter we, us or ours) on your property located at the above noted property address, IS IN SERIOUS DEFAULT, because you have not made the monthly payments as noted below under (a). Lau and other charges have also accrued to this date in the amount noted below under (b and c). Unapplied Funds received (if applicable) reflect under (d). The total amount now required to cure this default, as of the date of this letter, is noted below under (e). (a) 12/OI/l i thru 12/01/11 1 @ $836.35/month 1 (a3 $30.88/late chargelmonth $867.23 01/01/12 thru 03/01/12 3 @ $912.24/month 2 @ $30.88/late charge/month $2798.48 (b) Previous late charge(s) $0.00 (c) Delinquency Expense(s) $27.00 (d) Unapplied Funds ($0.00) (e) TOTAL AMOUNT (a}+ (b)+(c~(d) REQUIRED AS OF THIS DATE: $3692.71 aQD10 Cf+Matgage, Nk. CGMortgage, Inc. does business as Citlarp t+lartgage in HM. CdiMortgage, Inc is an equ~ tbusinq lender Citi, An: Design. and CiH and Arc Design are registered service marks of Gttgroup Inc'CaUs are randomly monitorxd and recorded for qualify assurance. CitiMortgage is a debt caAecta and am iNarmation otdamcd will be used for ttrat purpose. CitiMortgage Page 2 3/5!2012 Cltl www.citimortgagecom You may cure this default by 04!09/12 {or the next business day thereafter if 04/09!12 is a Saturday, Sunday, or Federal Holiday) by paving to us the amount under {e) above. Any additional payments and late charges that fall due duriag this period must also be paid to bring your loan current. Please submit payment to the following address: CitiMortgage, Inc. Loan Payments P.O. Box 689196 Des Moines IA 50368-9196 [f you do not cure the default by 04/09/12, we intend to exercise our right to accelerate the mortgage paymenu. This means that whatever is owed on the original mortgage amount borrowed will be considered i due immediately, and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of the default is not made by 04/09/12, we also intend to instruct our attorneys to stars 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 550.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over 550.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default by 04/09/12, you will not be required to pay attorneys fees. Also, we may sue you personally for the unpaid principal balance, and all other sums due under the mortgage. If you have not cured the default by 04/09/12, and foreclosure proceedings have begun, you will 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 montltly payments plus any late charges, charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure salt (and perform any other requirements tinder the mortgage). It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately THREE (3) MONTHS FROM THE DATE OF THIS LETTER. A notice of the date of the Sheriffs sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number. 1(800}723-7906•. you should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs salt, a lawsuit could be started to evict you. You have the right to reinstate after acceleration and the right to bring a court action or assert in any foreclosure proceeding, the non-existence of a default or any other defense you have to acceleration and the sale of the property. 02010 tit~tatgagt krc Cdiklortgage, tnc does business as Citicorp Mortgage in NM. Cih7rWrtgage, Inc is an equal housing lender. Gtf, Arc iksign, and Citi and Arc Design are registered service marks of Citigroup krc.'Calts are randomly monitored and recorded fa quality assurance. CitiMatgage is a debt wdecta and arty information obtained wip be used fa that purpose. Cit+Mortgage Page 3 3/sn~ Cltl www.citimortgage.com ve additional rils;hts to help prOteCt yow interest in the_propcrty. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBiECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL OUTSTANDING PAYMENTS, CHARGES, ATTORNEY'S FEES, AND COSTS ARE PAID PRIOR TO, OR AT THE SALE (AND THAT OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT ~ MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY A THIRD PARTY ACTING ON YOUR BEHALF. Under IRS regulation, we must report any forecloswe to the IRS on form 1099-A. The foreclosure may result in income tax consequences to you. Consult the IRS or yow tax advisor for further information. If yow delinquency is a result of a loss of employment income or a reduction in employment income you may be eligible for homeownership counseling from one of the Department of Housing and Urban Development ("HUD") approved homeownership counseling agencies. Please call us at 1(800)723-7906* for information regarding the HUD-approved counseling agency nearest youand/or to discuss the circumstances of the default with one of ow Loan Counselors. If you cure the default, the mortgage will be restored w the same position as if no default had occurred. However, you are not entitled to this right to cure yow default more than three (3) times in any calendar year. sincerely, Collection Department CitiMortgage, Inc. *CALLS ARE RANDOMLY MONITORED AND RECORDED TO ENSURE QUALITY SERVICE. This is an attempt to collect a debt, and any information obtained will be used for that purpose. ~ In the event you are subject to an Automatic Stay issued by a United States Bankruptcy Court or the referenced debt has been discharged in Bankruptcy, this communication is not intended to be an attempt to collect a debt. It an attorney represents you, please refer this letter to such attorney and provide us with such ~ attorney's name, address and telephone number. 02010 CitiMortOage, Int. GtiMortgage.Inc don business is Gticorp Mortgage in NAt CitiMottgage. I~ is an equal teasing lender Citi, Arc fksign, and Citi and Arc Desirpf sre registered service merle of Citigroup Inc. •CaAs are randomry monitored and rernrded fa quality assurance. CitlMOrtgage is a debt cotector and a-ry Irdormalia- obtained will !k used for that purpose. -. VERIFICATION JetTrey Terbrock, hereby states that he/she is employed as a Document Control Officer of Citimortgage, Inc., the Plaintiff in this matter, and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~---~ N 'erbrock Title: Document Control Officer DATE: /a FILE #: 12-0623 NAME: HAMMOND, DERICK POWERS, KIRK & JAVARDIAN, LLC Gregory Javazdian, Esquire Id No. 55669 Mary F. Kennedy, Esquire Id No. 77149 Meghan K. Boyle, Esquire Id No. 201661 Sean P. Mays, Esquire Id No. 307518 Richard J. Nalbandian, III, Esquire Id No. 312653 1310 Industrial Boulevazd, Suite 101 Southampton, PA 18966 (215) 942-2090 " i, ~n ~ ~~O~i~`r: ~'t~ ~~~~ y, A~; 9' ~2 PEh'~~ y~° ca~~~, LY,~ f,~ f ATTORNEYS FOR P)~A?NTIFF CITIMORTGAGE, INC. 1000 TECHNOLOGY DRNE O'FALLON, MO 63368 COURT OF COMMON PLEAS CIVIL DIVISION PLAINTIFF CUMBERLAND COUNTY VS. NO. o+' ~ ~ ~~ 'U < 1 DERICK HAMMOND 9 E. BURD STREET SIIIPPENSBURG, PA 17257 DEFENDANT COMPLAINT IN MORTGAGE FORECLOSURE 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 2439400 extension 2510 or 800 8225288 extension 2510 and request appointment of a legal representative at no chazge to you. Once you have been appointed a legal representative you must promptly meet with that legal representative within twenty 20 days of the appointment date. During that meeting you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a fmancial 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 THESTEPS REQUIRED BY THIS NOTICE THIS PROGRAM IS FREE. Date Respectfully submitted, ^Gregory Javardian, Esquire Id. No. 55669 ^Mary F. Kennedy, Esquire Id. No. 77149 ^Meghan K. Boyle, Esquire Id. No. 201661 ^,S~an P. Mays, Esquire Id. No. 307518 Richard J. Nalbandian, Esquire Id. No.312653 Attorneys for Plaintiff 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 CUSTOMER/ PRIMARY APPLICANT Borrower name(s): Property Address: City: Is the property for sale? Yes ^ No ^ Realtor Name Realtor Phone Borrower Occupied? Yes ^ No ^ Mailing Address (if different) City Phone Numbers: Home: Other: Email: State: Price: $ Cell: Number of people in household How long: CO-BORROWER Mailing Address: City: State Zip: Phone Numbers: Home: Office: Cell: Other: Email: Number of people in household How long: FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number Date You Closed Your Loan: Second Mortgage Lender: Type of Loan Loan Number Total Mortgage Payments Amount: $ Included Taxes Insurance:$ Date of Last Payment: Primary Reason for default: State: Zip: Listing date Zip: Office: Is the loan in Bankruptcy? Yes ^ No^ If yes provide names, location of court, case number & attorney Assets Amouut Owed: Value: Home: $ $ Other Real Estate $ $ Retirement Funds $ $ Investments $ $ Checking $ $ Savings $ $ Other $ $ Automobile # 1: Model Year: Amount owed: $ Value: Automobile #2: Model Year: Amount owed $ Value: Other transportation (automobiles boats motorcycles Model) Model: Year: Amount owed $: Value: $ MONTHLY INCOME Name of Employers 1. 2. 3. Additional Income Description (not wages): 1. 2. Borrower Pay Days: monthly amount $ monthly amount $ Co-Borrower Pay Days MONTHLY EXPENSES (Please only include expenses you aze currently paying) EXPENSE AMOUNT EXPENSE Mortgage $ Food 2nd Mortgage $ Utilities $_ Caz Payment(s) $ Condo/Neigh. Fees Auto Insurance $ Med not covered $ Auto fueUrepairs $ Other prop payment Install Loan Payment $ Cable TV Child SupportlAlimony $ Spending Money $_ Day/Child Caze Tuition $ Other Expenses $_ Amount Available for Monthly Mortgage Payments Based on Income Expenses: Have you been working with a Housing Counseling Agency? Yes ^ No ^ If yes please provide the following information Counseling Agency: Counselor: Phone Office: Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance Yes ^ No ^ If yes please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your AMOUNT delinquency Yes ^ No ^ If yes please indicate the status of those negotiations: Please provide the following information if known regarding your lender's or lender loan servicing company Lender Contact (Name) Phone Servicing Company (Name Contact: 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 Uwe am/are under no obligation to use the services provided by the above named Borrower Signature Co-Borrower Signature Phone Date Date ' Please forward this document along with the following information to lender and Gregory Javardian, Esquire, lender counsel: Proof of income Bank statements to cover the last 60 day period If self employed, we must have the last 3 bank statements from both their business and personal bank accounts. Proof of any expected income for the last 45 days Dodd Frank Certificate 4506T-EZ form Copy of last two months utility bill Letter explaining reason for delinquency and any supporting documentation Hardship letter Listing agreement if property is currently on the market Gregory Javardian, Esquire 1310 Industrial Boulevard, Suite 101 Southampton, PA 18966 (tel) 215-942-9690 (fax) 215-942-9695 Attention: Megan O'Brien (tel) 215-942-9690 ext. 1313 megan(a?„ javardianlaw.com SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~' ~ ~, Ronny R Anderson ~~ ~ ~{ Sheriff ~rn Q t 4l ~-~- Jody S Smith a,rl~p~f~~~ ~,.~y "'C ~b,~t~ttt' a ~ ~r c; Chief Deputy ~~ t~ ~ ~ ma --~ Richard W Stewart 3 '~ ~ fir;: ~ ~t ~~ 2'c; ~ ~ ^" °'"'" Solicitor arf ~ = r..~ = a~ ~ p ~,,- c: .~ ~ -s -t. .~- LL. Citimortgage, Inc vs. I Case Number Derick Hammond 2012-6101 SHERIFF'S RETURN OF SERVICE 10/03/2012 01:25 PM -Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Derick Hammond, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program as not found as to the defendant Derick Hammond. Request for service at 9 E. Burd Street, Shippensburg, Pennsylvania 17257 is currently owned by the Defendant, but is not owner occupied. Derick Hammond is thought to be residing at 1414 Leslie Avenue, Alexandria, Virginia 22301 per County Tax records. 10/05/2012 04:39 PM -William Cline, Corporal, who being duly sworn according to law, states that on October 8, 2012 at 1639 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure, upon the within named defendant, to wit: Sarah Tkach (current occupant of downstairs appartment at 9 E. Burd Street, Shippensburg, Pennsylvania 17257), by making known unto herself personally, at 9 E. Burd Street, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. 10/08/2012 04:39 PM -Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on October 8, 2012 at 1639 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure, upon the within named defendant, to wit: Casey Hawbaker (current occupant of downstairs apartment at 9 E. Burd Street, Shippensburg, Pennsylvania 17257), by making known unto Sarah Tkach, adult in charge at 9 E. Burd Street, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. TES PHE BENDER DEPUTY 10!25/2012 10:40 AM -William Cline, Corporal, who being duly sworn according to law, states that on October 25, 2012 at 1040 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure, upon the within named defendant, to wit: Rachel Smicher (current occupant of upstairs appartment at 9 E. Burd Street, Shippensburg, Pennsylvania 17257), by making known unto herself personally, at 9 E. Burd Street, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to her personally the said true nd correct copy of the same. -- .,, LLIAM CLINE, DEPUTY SHERIFF COST: $93.00 November 08, 2012 SO ANSWERS, ~~ RON R ANDERSON, SHERIFF ic!: ~oun;yS~.IiPt Sne; r."t. T!;Irroq^. k, 1^,c.